[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Rules and Regulations]
[Pages 92296-92522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24886]
[[Page 92295]]
Vol. 89
Thursday,
No. 225
November 21, 2024
Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 1, 11, 43, et al.
Integration of Powered-Lift: Pilot Certification and Operations;
Miscellaneous Amendments Related to Rotorcraft and Airplanes; Final
Rule
Federal Register / Vol. 89 , No. 225 / Thursday, November 21, 2024 /
Rules and Regulations
[[Page 92296]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 11, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142,
and 194
[Docket No. FAA-2023-1275; Amdt. Nos. 1-78, 11-69, 43-62, 60-8, 61-157,
91-379, 97-1340, 111-2, 135-147, 136-4, 141-26, 142-11, and 194-1]
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: Final rule.
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SUMMARY: This final rule adopts permanent amendments and a Special
Federal Aviation Regulation (SFAR) for a period of ten years to:
facilitate the certification of powered-lift pilots, clarify operating
rules applicable to operations involving a powered-lift, and finalize
other amendments which are necessary to integrate powered-lift into the
National Airspace System (NAS). In this final action, the FAA finalizes
its alternate framework to stand-up initial groups of powered-lift
pilots and flight instructors. Most notably, the FAA adopts alternate
frameworks to facilitate the certification of pilots seeking
qualifications in a powered-lift with single functioning flight
controls and a single pilot station. In response to commenters, the FAA
provides clarification for certain operating rules and adopts a
performance-based approach to certain operating rules to enable
powered-lift operations. In addition to finalizing provisions for
powered-lift, this action also makes changes to 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 training.
DATES: This final rule is effective January 21, 2025, except for
amendatory instruction 52 which is effective July 21, 2025.
The incorporation by reference of certain publications listed in
this final rule are approved by the Director of the Federal Register as
of January 21, 2025.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Christina Grabill, AFS-810, Federal Aviation
Administration, 800 Independence Ave. SW, Washington, DC 20591;
telephone (202) 267-1100; email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Purpose of the Regulatory Action
B. Aircraft Certification
C. Airman Certification
D. Operational Requirements
E. International Operation of Powered-Lift
F. Summary of the Costs and Benefits
G. SFAR Framework and Duration
II. Authority for This Rulemaking
III. Background
A. General
B. Summary of the NPRM
C. General Overview of Comments
D. Differences Between the NPRM and the Final Rule
IV. Powered-Lift Type Certification and FSTD Qualification
A. Type Certification
B. Noise Certification
C. Qualification of Powered-Lift Flight Simulation Training
Devices (FSTDs)
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. Dual Controls Considerations Related to Flight Training and
Supervised Operating Experience
E. Supervised Operating Experience of Sec. 61.64
F. Establishment of an Alternate Pathway for Pilot Certification
G. Training in an Approved Program Under Parts 135, 141, and 142
H. Practical Tests
I. Miscellaneous Amendments
J. Part 135 Pilot Qualifications
K. Part 142 Training Centers
L. Subpart K of Part 91 Pilot Qualifications
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. Advanced Air Mobility
X. SFAR Framework and Duration
XI. Autonomous Powered-Lift
XII. Comments to Regulatory Impact Analysis
XIII. FAA Readiness
XIV. Definitions
A. Definition of Powered-Lift
B. Definition of Flight Modes
C. Definition of Heliport
D. Definition of Autorotation
XV. Other Comments Related to Powered-Lift
A. Other Comments Related to Language or Definitions in the
Powered-Lift NPRM
B. Safety Systems or Procedures Not Addressed in the NPRM
C. Other Comments Related to Powered-Lift Design
D. Congressional Comments
XVI. Related Rulemakings
XVII. Severability
XVIII. Regulatory Notices and Analyses
A. Summary of the Regulatory Impact Analysis
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
H. Regulations Affecting Intrastate Aviation in Alaska
I. Congressional Review Act
XIX. 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
XX. Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
List of Abbreviations and Acronyms Frequently Used in This Document
Abbreviations and Acronyms Used in This Document
ACO--Aircraft Certification Office
ACS--Airman Certification Standards
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
[[Page 92297]]
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
LOA--Letter of Authorization
LOFT--Line Oriented Flight Training
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
SLF--Supervised Line Flying
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 final rule establishes 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.
Several of the powered-lift that the FAA expects to enter 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.
To safely integrate powered-lift in the national airspace system
(NAS), the FAA is making permanent changes to parts 61, 135, and 142 to
train and certificate powered-lift pilots and instructors, as well as
issuing a temporary Special Federal Aviation Regulation (SFAR) that
supplements existing rules, creates temporary alternatives for airman
certification, removes operational barriers, and mitigates safety risks
for powered-lift. As discussed in section X of this preamble, the
duration of the SFAR is 10 years.
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. The AAM Coordination and Leadership Act
defines AAM as ``a transportation system that transports people and
property by air between two points in the United States using aircraft
with advanced technologies, including electric aircraft or electric
vertical take-off and landing aircraft, in both controlled and
uncontrolled airspace.'' The FAA Reauthorization Act of 2024 updated
the definition to mean ``a transportation system that is comprised of
urban air mobility and regional air mobility using manned or unmanned
aircraft.'' \1\ Congress directed the Department of Transportation to
establish an advanced air mobility working group to plan for and
coordinate efforts necessary for maturation of the AAM ecosystem in the
United States through the Advanced Air Mobility Coordination and
Leadership Act. This rulemaking is an important step in facilitating
the integration of powered-lift and AAM into the NAS.
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\1\ FAA Reauthorization Act of 2024, Pub. L. 118-63 (May 16,
2024). The media often refer to these operations as ``air taxis'';
however, this term is used only in the context of 14 CFR chapter II
(pertaining to DOT-specific regulations). Consequently, throughout
this preamble, the FAA refers to these operations as passenger-
carrying operations or air carrier operations.
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A. Purpose of the Regulatory Action
This final rule addresses regulatory barriers to introducing
powered-lift as a new category of aircraft into operations in the NAS.
The final rule creates an alternate pathway for pilot certification and
enables operations under parts 91 (General Operating and Flight Rules),
97 (Standard Instrument Procedures), 135 (Commuter and On-Demand
Operations), and 136 (Commercial Air Tours).
The existing regulations in part 61 for training and certificating
powered-lift flight instructors and pilots 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 working through
the aircraft certification process. Second, there are challenges with
applying existing aeronautical experience requirements to train and
certificate the initial cadre \2\ of powered-lift flight instructors
and pilots. In addition, part 135 regulations for certain commercial
operations do not contain specific requirements addressing the
qualifications for powered-lift pilots. Therefore, current part 135
pilot qualification requirements that apply to pilots of airplanes and
helicopters need to be amended to include powered-lift pilots to close
the safety gap.
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\2\ 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 to meet
the demands of the market.
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In addition, to address an operational safety risk that exists
because the current regulatory framework governing operations does not
contemplate powered-lift, changes had to be made to certain operational
rules. There are myriad operational rules under parts 91, 97, 135, and
136 that currently apply to ``airplanes,'' ``helicopters,'' and/or
``rotorcraft'' that should also apply to powered-lift.
Industry has expressed its intent to introduce these aircraft
immediately into passenger-carrying commercial operations under part
135, making the need to reconsider the existing airman certification
standards and operating regulations for powered-lift and address the
absence of specific regulations for pilots in part 135 more urgent. The
FAA requires and the public expects that commercial operations be
conducted with the highest regard for safety and by pilots who have the
requisite experience flying the particular category of aircraft in
which paying passengers will be transported. As a result, this
rulemaking is necessary to ensure that pilots for these aircraft are
properly trained and
[[Page 92298]]
that these rapidly developing aircraft can safely integrate and operate
within the NAS.
The following sections discuss the provisions being adopted in this
final rule.
B. Aircraft Certification
The FAA did not establish any new requirements for the type
certification of powered-lift, nor did it revise existing type
certification requirements. The FAA determined that existing aircraft
certification requirements are sufficient to type certificate powered-
lift as a special class under Sec. 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. The aircraft
certification requirements and comments the FAA received are discussed
in more detail in section IV.A. of this preamble.
C. Airman Certification
To maintain a level of safety commensurate with that expected for
airplanes and helicopters, the FAA adopts new requirements for pilots
to hold type ratings for each powered-lift they fly and qualification
requirements for powered-lift pilots serving in part 135 operations. To
address the obstacles to airman certification, the FAA provides
alternatives to certain requirements in part 61 through the
establishment of a new part 194, Special Federal Aviation Regulation
No. 120--Powered-Lift: Pilot Certification and Training; Operations
Requirements, to facilitate the training and certification of the
initial cadre of powered-lift instructors and pilots. In addition to
this alternate framework, the FAA adopts several pathways to
certificate powered-lift pilots utilizing aircraft with a single flight
control and single pilot station. The FAA is facilitating this through
three options: (1) recognition of a single flight control that is
accessible by both the student and flight instructor and allows for the
instructor to immediately intervene if necessary; (2) expanded use of
simulators to allow an applicant to train in a simulator and gain
necessary experience solo in the aircraft; and (3) deviation authority
for consideration of future advancements in technology that is not
currently validated at this time.
1. Type Rating
The FAA did not establish classes within the powered-lift category
because each powered-lift can have different configurations, unique
inceptors, diversified flight controls, and distinctive operating
characteristics. Further, the FAA lacks sufficient operational data to
identify commonality to establish classes within the powered-lift
category because powered-lift are still in the development phase. The
FAA finds that reasons for not establishing class ratings persist, and
the final rule adopts the proposal for all powered-lift pilot in
commands (PICs) to hold a type rating.
2. Flight Instructors
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 allowing 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 and conduct certification training at their respective
certificate holders. The FAA finalizes this alternate framework for
test pilots and instructor pilots to facilitate certification training
as proposed.
3. Alternate Framework for Pilot Certification
Even with sufficient qualified flight instructors, the existing
airman certification rules for powered-lift present barriers 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 adopts alternate requirements
for meeting 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 flight simulation training devices (FSTDs)
representing powered-lift are currently qualified, the FAA anticipates
near-term qualification of such devices and proposed allowing increased
flight training opportunities through simulation. This final rule
adopts the alternate aeronautical experience and cross-country
requirements, as proposed, with some minor alterations.
In addition, as explained more fully in section V.F., this final
rule reduces the PIC flight time in a powered-lift at the commercial
pilot certificate level from 50 hours to 35 hours, of which 15 hours
may still be in a Level C or higher full flight simulator (FFS).
4. Part 135 Qualifications
The FAA adopts permanent changes to training and qualification
requirements for pilots to align with the requirements for powered-lift
with those established for pilots of airplanes and rotorcraft in part
135. The proposals included Airline Transport Pilot (ATP) certification
and operating experience in the make and model of powered-lift for PICs
in commuter operations, part 121 Advanced Qualification Program (AQP)
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 allowing a part 135
operator to develop and provide training for powered-lift pilot
certification at the commercial pilot level, the FAA is permitting
successful completion of part 135 pilot checks to be used to meet the
practical test requirements for powered-lift ratings subject to certain
conditions.
Overall, the FAA finalizes the proposed requirements regarding
integration of powered-lift pertaining to part 135 qualifications
without substantial changes from what was proposed in the NPRM. In
response to commenters, the FAA made certain editorial changes to add
clarification and better enable powered-lift training and testing that
would have otherwise created obstacles.
5. Dual Controls
The FAA noted in its proposal that it was retaining the powered-
lift category and proposed alternate aeronautical experience and
logging requirements to allow certain groups of pilots to attain the
necessary aeronautical experience. In accordance with flight training
requirements under Sec. 91.109 and the requirements for supervised
operating experience (SOE) in Sec. 61.64, the powered-lift would be
required to have a dual set of controls to accomplish the
[[Page 92299]]
aeronautical experience required in an aircraft and SOE.
After consideration of the comments received, the FAA is adopting
several pathways to enable the use of a powered-lift without dual
controls. The first pathway permits flight training in a powered-lift
with a single set of flight controls accessible by both student and
instructor (e.g., a throwover control). The second pathway allows all
flight training to be conducted in an approved simulator, culminating
in solo aeronautical experience in a powered-lift with a single set of
flight controls subject to certain conditions and limitations set forth
in a new appendix to part 194. This pathway allows an Original
Equipment Manufacturer (OEM) to utilize a Level C or higher FFS to
conduct the required flight training in accordance with part 61 and
part 194. The pilot can gain the necessary experience through a series
of demonstration flights and solo experience, complete a practical test
in a Level C FFS, and then conduct abbreviated operating experience in
the powered-lift to become fully qualified and fly in the NAS. Finally,
the third pathway permits the FAA to issue deviation authority to
facilitate flight training in a powered-lift with a single set of
flight controls in the NAS based on future demonstrated and validated
advancements in technology.
The FAA makes conforming amendments in light of these alternate
pathways to the supervised operating experience requirements and in
part 135. Specifically, this final rule adopts certain alternate
provisions to facilitate supervised operating experience in a powered-
lift with a single set of controls and a single pilot seat.
Additionally, this final rule revises current requirements for
instructor training that is accomplished from either pilot station to
provide a feasible pathway for approved part 135 training programs,
pilots, instructors, and check airman operating only with one pilot
station and/or set of flight controls.
6. Impacts to Rotorcraft Training at Part 142 Training Centers
The FAA adopts permanent changes that, in addition to establishing
requirements for powered-lift, would affect certain part 142 training
in FSTDs for rotorcraft. These proposed changes would harmonize
requirements for airplanes, powered-lift, and rotorcraft in part 142,
specifically for pilot training in an FSTD that represents an aircraft
requiring a type rating. This final rule applies the ATP aeronautical
experience requirements to FSTD instructors in airplanes and
helicopters requiring a type rating, powered-lift weighing over 12,500
pounds, and turbojet powered powered-lift rather than all aircraft
requiring a type rating. In some instances, these adopted changes
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.
D. Operational Requirements
To mitigate the safety gaps that exist due to the absence of
operational regulations specifically applicable to powered-lift, the
FAA proposed, 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. In the proposal, the FAA determined that
applying the airplane rules in most instances was a safer, more
conservative approach, especially given the lack of powered-lift
operational data. Notwithstanding, in some instances, for example under
part 136, the FAA determined that applying the helicopter or rotorcraft
rules were appropriate and provided an equivalent level of safety.
Specifically, the FAA initially proposed using the visual flight
rules (VFR) fuel requirements specified for airplanes for both
operations conducted under parts 91 and 135. After considering comments
received, the FAA is adopting different requirements than proposed
related to fuel reserves when conducting VFR operations. The SFAR now
stipulates helicopter minimums for powered-lift capable of conducting a
landing in the vertical-lift flight mode along the entire route of
flight. Powered-lift that are not capable of conducting a landing in
the vertical-lift flight mode along the entire route of flight must
meet airplane minimums.
In addition, the FAA initially proposed using the instrument flight
rules (IFR) fuel requirements specified for airplanes for operations
conducted under parts 91 and 135. The SFAR now permits the use of
helicopter minimums stipulated for powered-lift that are authorized to
conduct Copter Procedures and that have the performance capability, as
provided in the Aircraft Flight Manual (AFM), to conduct a landing in
the vertical-lift flight mode for the entire flight. Powered-lift that
do not meet these criteria will be required to meet the airplane
minimums.
The FAA also proposed using the VFR visibility requirements
prescribed for airplanes. The final rule states that helicopter
minimums are applicable if the powered-lift is operated in the
vertical-lift flight mode and is operated at a speed that allows the
pilot adequate opportunity to see any other traffic or obstructions in
time to avoid a collision. If either of those requirements are not met,
then the airplane minimums apply.
Finally, the FAA proposed using the general aircraft minimum safe
altitudes for operations conducted under parts 91 and 135, rather than
allowing powered-lift to utilize helicopter exclusions. The final rule
provides that powered-lift operating in vertical-lift flight mode that
have demonstrated a capability to autorotate or conduct an approved
equivalent maneuver are allowed the same minimum safe altitudes as
those afforded to helicopters. However, for part 135 operations, it is
important to note that the minimum altitude cannot be lower than 300
feet above the surface. When a powered-lift is operating in the
vertical-lift flight mode and is certificated to conduct an
autorotation or an approved equivalent maneuver to a landing, then
helicopter minimum safe altitudes or lowest altitude published in the
AFM apply.
Under part 136, the FAA proposed applying the operational
requirements specific to helicopter operations within part 136 to
powered-lift operations because the FAA anticipated powered-lift will
hover and operate similarly to helicopters when conducting air tours,
except when relying on wing-borne flight. In the final rule, as
addressed in section VI.E. of this preamble, ``Part 136 Rules for
Powered-Lift,'' the FAA applies some provisions in part 136 to powered-
lift regardless of the flight mode in which the aircraft is operating
because the FAA determined those provisions--such as requiring
flotation equipment--should apply to powered-lift regardless of whether
they are operating in the vertical-lift or wing-borne flight mode.
The FAA will 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 AFM along with any other
specific limitations and procedures necessary for safe operation of the
aircraft.
The FAA has made 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.
[[Page 92300]]
For purposes of maintenance, preventive maintenance, rebuilding,
and alteration, the FAA proposed to apply the current requirements
under part 43, with only two modifications. First, the FAA proposed to
apply the preventive maintenance requirements available to certificate
holders operating rotorcraft under part 135 in remote areas to
certificate holders similarly operating powered-lift. Second, the FAA
proposed 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'' (as defined under Sec. Sec. 27.602 and
29.602) in accordance with the maintenance manual or Instruction for
Continuous Airworthiness, or as otherwise approved by the
Administrator. The FAA is adopting these requirements as proposed.
The operational requirements and comments the FAA received are
discussed in more detail in section VI.F. of this preamble.
E. 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. In
this final rule, the FAA amends part 61 to require powered-lift pilots
to have a type rating, which meets the standards outlined in ICAO Annex
1, Personnel Licensing. Under parts 91 and 135, the FAA requires U.S.
operators to comply with ICAO Annex 2, Rules of the Air, when operating
over the high seas or when operating within a foreign country.\3\ 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 and comments the FAA received are discussed in more detail
in section VIII.B. of this preamble.
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\3\ See 14 CFR 91.703. To note, Sec. 91.703(a)(2) requires each
person operating a civil aircraft of U.S. registry outside the U.S.
when within a foreign country to comply with the regulations
relating to the flight and maneuver of aircraft there in force and,
with narrow exceptions, comply with 14 CFR part 91 so far as it is
not inconsistent with the applicable regulations of the foreign
country where the aircraft is operating or Annex 2.
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F. 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
kinds 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.\4\ 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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\4\ Transforming Aviation: Stakeholders Identified Issues to
Address for `Advanced Air Mobility' [verbar] U.S. GAO, www.gao.gov/assets/gao-22-105020.pdf.
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Several problems exist absent this rulemaking. The first is that
only operating rules applicable to powered-lift are those specific to
``aircraft,'' which introduces a substantial safety gap in part 91 and
part 135 operations. This safety gap does not exist for parts 91 and
135 operations conducted with airplanes, helicopters, and rotorcraft
because decades of FAA rulemaking has resulted in a continuum of rules
establishing minimum safety standards for operations conducted with
these aircraft. A similar suite of category-specific rules simply does
not exist for powered-lift because these are new and novel aircraft
that have yet to be type-certificated for operations in the NAS.
Consequently, powered-lift would not be required to operate at the
level of safety required of operations conducted with airplanes,
helicopters, or rotorcraft.
The second problem is challenges presented by the existing airmen
certification regulations. Unlike the extensive infrastructure in place
for the training and certification of airplane and rotorcraft pilots
and instructors, the resources to scale powered-lift training and
certification of pilots and instructors is scant due to the lack of
powered-lift flight instructors and FAA-certificated aircraft available
for airman training and testing (and operations). Without this
rulemaking, civilian pilots will be unable to obtain powered-lift
ratings necessary for industry to scale operations intended for these
new and novel aircraft.
The third problem absent this SFAR are the requirements for acting
as PIC of a powered-lift operation. Should type-certificated powered-
lift become available before this rule is finalized, individuals
holding an airman certificate with a powered-lift category rating would
be permitted to act as PIC of powered-lift operations. Taking into
consideration the variation in operating characteristics for each
powered-lift coming to the civilian market, a powered-lift category
rating would not adequately prepare an individual to act as PIC of a
powered-lift operation.
While operators choosing to conduct operations with powered-lift
will incur costs to comply with regulations in this SFAR, these costs
are 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 training and testing required to hold an airman
certificate with a type rating in the powered-lift category are 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 finalized by this rule will be no more burdensome than the
costs incurred by entities and individuals complying with corresponding
airplane and rotorcraft regulations that are already in effect.
Additionally, the FAA has provided some performance-based options in
certain rules that could reduce the burden on industry as compared to
the comparable prescriptive requirements of the proposed rule.
The provisions in this SFAR 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 allows
alternative aeronautical experience and logging requirements. For the
operational rules, the FAA applies specific airplane, rotorcraft, or
helicopter rules to powered-lift, as appropriate. The FAA has
considered each finalized regulation in the SFAR to determine its
economic 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 the finalized SFAR and can be found
in the docket for this rule.
The following table presents a summary of the primary estimate for
which data was available to monetize
[[Page 92301]]
the costs of this rule, as well as estimates for a pessimistic and
optimistic scenario. The monetized costs include incremental costs for
individuals to hold an airman's certificate with a type rating for the
powered-lift flown, costs for the minimum fuel reserve requirement, and
costs for the provision of dual-control aircraft and full flight
simulators for training. For the primary estimate, over a 10-year
period of analysis, this rule would result in present value costs of
about $914.2 million at a two percent discount rate with annualized
costs of about $101.8 million.\5\ Additional details are provided in
the Regulatory Evaluation section of this SFAR and in the regulatory
impact analysis available in the docket for this rulemaking.
---------------------------------------------------------------------------
\5\ Monetized costs for the rule stem from the cadence of
aircraft deliveries. In the optimistic scenario, aircraft deliveries
are forecast to begin in year 1 and continue through year 10.
Aircraft deliveries for the base scenario are forecast to occur
during years 2-10, and in the pessimistic scenario during years 3-
10. As a result, costs for the optimistic scenario accumulate over a
period of 10 years versus the base and pessimistic scenarios, over
which costs accumulate for a period of 9 years and 8 years,
respectively.
Table 1--Monetized Costs of SFAR
[Millions $]
------------------------------------------------------------------------
10-Year
Forecast scenario present value Annualized
------------------------------------------------------------------------
Base--Primary Estimate.................. $914.2 $101.8
Pessimistic............................. 865.5 96.4
Optimistic.............................. 966.1 107.6
------------------------------------------------------------------------
G. SFAR Framework and Duration
This final rule enables powered-lift operations for a limited
duration and provides the FAA an opportunity to assess the operations
and establish a comprehensive regulatory scheme. This final rule adopts
both limited permanent changes and a time-limited SFAR to facilitate
powered-lift operations. The SFAR permits the FAA to gather data--via
established approved information collections, regulatory requirements,
and informal anecdotal information and observations--and better
understand what a comprehensive permanent regulatory framework should
look like.
Further, the FAA notes that section 955(c) of the FAA
Reauthorization Act of 2024 (Pub. L. 118-63) mandates that the FAA
establish an aviation rulemaking committee (ARC) no later than three
years after the FAA issues the first commercial operating certificate
to a powered-lift, to provide the Administrator with specific findings
and recommendations for, at a minimum, the creation of a standard
pathway for the performance-based certification of powered-lift
aircraft; the certification of airmen capable of serving as pilot-in-
command of a powered-lift; and operation of powered-lift in commercial
service and air transportation. Section 955(d) requires the FAA to
initiate a rulemaking no later than 270 days after the ARC submits its
report. Not only does this language impose a timeline for establishing
the ARC and subsequent rulemaking, it acknowledges that an ARC will
first need real-world operational data from commercial powered-lift
operations before it can provide informed recommendations for a
permanent rulemaking.
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 SFAR.
Specifically, the FAA is adding 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
utilizes the traditional regulatory structure to supplement existing
rules, creates temporary alternatives for airman certification, removes
operational barriers, and mitigates safety risks for powered-lift. As a
result, requisite applicability revisions are made 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 part 194, as
subsequently discussed in this preamble.
This SFAR will remain in effect for ten years after this final rule
becomes effective. 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 this final rule becomes
effective and the type certification status of the powered-lift that
are commercially viable. As discussed in section I.G. of this preamble
(``SFAR Framework and Duration''), the FAA has determined that a ten-
year period is an appropriate length of time to collect operational
data from powered-lift operations. This data will inform a subsequent
rulemaking to implement permanent amendments.
II. Authority for This 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 final rule 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 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 issued under the authority described in
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator
Transmitters; Section 44713, Inspection and Maintenance; Section 44715,
Noise and Sonic Boom; Section 44716, Collision
[[Page 92302]]
Avoidance Systems; and Section 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.
Section 955 of the FAA Reauthorization Act of 2024 (Pub. L. 118-63)
requires that, within seven months of the date of enactment of the Act,
the FAA publish a final rule finalizing the notice of proposed
rulemaking entitled ``Integration of Powered-Lift: Pilot Certification
and Operations; Miscellaneous Amendments Related to Rotorcraft and
Airplanes.'' Section 955 requires that, with respect to any powered-
lift aircraft type certificated by the FAA, the regulations must
provide a practical pathway for pilot qualification and operations;
establish performance-based requirements for energy reserves and other
range- and endurance-related requirements that reflect the capabilities
and intended operations of the aircraft; provide for a combination of
pilot training requirements, including simulators, to ensure the safe
operation of powered-lift; and to the maximum extent practicable, align
powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to
the Chicago Convention. Additionally, as required by section
955(a)(3)(B), the FAA must ensure coordination with the Department of
Defense (DoD).
In this rule, the FAA provides practical pathways for pilots to
qualify to operate powered-lift, establishing pathways for pilots with
military experience, airline transport pilot and commercial experience,
and flight instruction experience to gain experience in the operation
of these aircraft, providing them with sufficient foundations to safely
conduct passenger-carrying operations. These multiple pathways will
give pilots of diverse backgrounds and prior experience opportunities
to enter this emerging aviation sector. For further information on
pilot pathways see section V. of this preamble.
Also, in recognition of the comments received, the FAA has revised
requirements related to fuel and energy reserves to provide greater
flexibility for operations conducted under certain parameters.
Specifically, the SFAR outlines performance-based requirements that
allow powered-lift operators to use certain helicopter operating rules
as long as the operator complies with the appropriate risk mitigations
that are detailed in the rule. For example, an operator may use the
helicopter fuel requirements under Sec. 91.151 if the powered-lift is
continuously capable of conducting a landing in the vertical-lift
flight mode along the entire route of flight. For further information,
see section VI. of this preamble.
Further, based on comments received to the NPRM, the FAA has
significantly expanded the ability of manufacturers and operators to
use flight simulation training devices in the training and
qualification of pilots, recognizing the significant advancements in
flight simulation technology and pilot training. This includes
providing an opportunity for a pilot applicant to credit certain
experience in a simulator in addition to outlining a pathway for pilot
certification greatly expanding the use of simulation when a powered-
lift has a single functioning flight control. For further information
on these provisions, see sections IV. and V. of this preamble.
The FAA has considered the provisions of section 2.1.1.4 of Annex 1
to the Chicago Convention and ensured that the requirements in this
rule related to pilot certification and operations are responsive to
the intent of that section of the Annex. The FAA carefully considered
implementation of section 2.1.1.4 and found it impracticable to disrupt
the FAA's traditional airman certification framework by the addition of
a type rating within a wholly different aircraft category to an
existing certificate with a different category rating. However, through
this SFAR, the FAA chose to facilitate alternative measures for a pilot
to directly receive a powered-lift category rating and a powered-lift
type rating. Similar to the conditions set forth in ICAO's transitional
recommendation, these alternative measures to receive a powered-lift
category and type rating would be completed during training provided
under an approved or proposed training curriculum and would take
previous experience of an applicant in an airplane or helicopter into
account. Considering the flexibilities extended in the final rule, FAA
believes it has aligned with section 2.1.1.4 to the maximum extent
practicable while maintaining safety and consistency with its existing
regulatory structure. For further discussion, see section V.A. of this
preamble.
Based on the foregoing authorities, the FAA makes amendments to
clarify the rule and corrects inadvertent errors contained in the NPRM.
These are explained in more detail throughout this final rule.
Amendments correcting for clarity, correctness, and grammar are not
substantive in nature and are a logical outgrowth of the NPRM.
The FAA also makes minor technical amendments to its regulations
that are discussed throughout this preamble. The FAA finds that notice
and comment is unnecessary for these technical changes.\6\
---------------------------------------------------------------------------
\6\ Further, technical amendments are ``a routine determination,
insignificant in nature and impact, and inconsequential to the
industry and to the public.'' See Mack Trucks, Inc. v. EPA, 682 F.3d
87, 94 (D.C. Cir. 2012) [verbar] (quotation marks and citation
omitted); See also United States v. Mullins, 2012 WL 3777067, at *4
(D. Vt. Aug. 29, 2012) (explaining that public comment is
unnecessary if minor or merely technical amendments in which the
public is not particularly interested were involved).
---------------------------------------------------------------------------
Additionally, in this final rule, the FAA revised certain sections
of the proposed rule to account for FAA Test Pilots and Aviation Safety
Inspectors (ASIs). Providing notice and seeking comment on these
changes is not required as they are rules of agency organization,
practice, or procedure under 5 U.S.C. 553(b)(A).
Finally, in accordance with Sec. 955(a)(3)(B), the FAA has
consulted with the DoD on a host of issues regarding powered-lift,
including the United States Air Force Agility Prime program; powered-
lift that are used for military purposes; and commonalities,
differences, and handling qualities of various types of powered-lift.
In addition to direct consultation, the FAA notes that because this
final rule was designated significant under Executive Order 12866, it
was coordinated with the DoD as well as other agencies during
interagency coordination.\7\ This coordination serves as another
opportunity for the FAA to consult with the DoD on this rule.
---------------------------------------------------------------------------
\7\ Section 3(f) of Executive Order 12866, issued on Sept. 30,
1993 (58 FR 51735).
---------------------------------------------------------------------------
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.
[[Page 92303]]
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.
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.
Manufacturers and initial operators of powered-lift indicate
operations with powered-lift could offer many benefits over rotorcraft.
For example, some powered-lift may be 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 offshore oil rigs and add
diversity when considering landing points 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 airplane
airspeeds and ranges. Other opportunities may also exist in
concentrated urban environments, where short point-to-point distances
coupled with VTOL capability may allow for more efficient
transportation of passengers than existing ground transportation
methods.
B. Summary of the NPRM
In the NPRM, the FAA proposed permanent changes to the Code of
Federal Regulations and a temporary SFAR to facilitate the safe
integration of powered-lift operations into the NAS. Under this
comprehensive approach, the FAA proposed to incorporate changes to
pilot certification rules, operating rules, air agency rules, as well
as other conforming proposals to maintenance requirements, pilot
records database requirements, and FSTD qualification requirements.
This section provides a broad summary of the NPRM.
Although the FAA did not propose any new type certification
requirements or noise standards applicable to powered-lift, the FAA
clarified that it would follow its existing aircraft certification
process under Sec. 21.17(b) to type certificate powered-lift. The FAA
proposed a new process for an OEM to attain qualification of an FSTD in
accordance with part 60. Because the existing deviation authority in
part 60 cannot be used to qualify an FSTD that represents a category of
aircraft for which there is no standard under part 60, the FAA proposed
to mirror the aircraft certification process under Sec. 21.17(b) to
similarly allow an applicant seeking to qualify a powered-lift FSTD to
use a combination of requirements in appendices A through D to part 60
to form a basis to qualify an FSTD under that part.
Part 61 sets forth the aeronautical experience requirements to
attain a pilot certificate, as well as a flight instructor certificate,
with powered-lift ratings. The FAA noted in the NPRM that the broader
powered-lift category requirement, without an established class rating
or type rating, would not adequately prepare a pilot to fly the
specific powered-lift moving through FAA aircraft certification, thus
potentially creating a safety gap. To address this concern, the FAA
proposed to require pilots in command hold a type rating for the
powered-lift they seek to fly. Most significantly, the FAA proposed
alternate aeronautical experience and logging requirements from the
existing powered-lift requirements in part 61. These alternate
requirements would be applicable to certain pilot groups that the FAA
deemed have the most relevant experience to establish a base of
powered-lift pilots and instructors. As proposed, the experience and
logging provisions would create an alternative pathway to powered-lift
certification for (1) OEM instructor pilots and test pilots; (2)
initial cadres of flight instructors from certificate holders under
parts 135, 141, and 142 receiving training at an OEM; and (3) pilots
receiving training from the initial cadres of flight instructors under
approved training programs under part 135, 141, or 142. Alternate
aeronautical experience proposed by the FAA focused on giving
allowances for flight training, including allowing the logging of PIC
time when an applicant is the sole manipulator of the flight controls,
and reduced distances to meet cross-country aeronautical experience.
This experience, combined with meeting the alternate experience and
logging provisions set forth in the FAA's proposed SFAR, would result
in pilots attaining the required experience necessary to hold a
commercial pilot certificate.
The FAA sought comment on existing requirements that dictate an
aircraft used for flight instruction must have dual controls. The FAA
outlined expectations regarding these rules as they are currently
applicable to all aircraft (except manned free balloons) and,
therefore, are applicable to powered-lift. The FAA also discussed how
the dual control requirement would affect a pilot's ability to act as
PIC when the PIC has no access to flight controls (i.e., supervised
operating experience). The FAA acknowledged that manufacturers were in
the midst of developing single flight control powered-lift and sought
comment from the public on facilitating flight training and supervised
operating experience in those aircraft.
In addition to the proposed revisions to part 61 and the temporary
alternatives proposed in part 194, the FAA proposed changes to part
135, which does not currently stipulate which training requirements and
experience requirements are applicable to powered-lift.\8\
Additionally, to further facilitate the certification of powered-lift
pilots for the expected commercial operations, the NPRM proposed to
allow part 135 operators to conduct training for their pilots seeking
to obtain powered-lift category and type ratings for a commercial pilot
certificate.\9\ The FAA also incorporated permanent and temporary
amendments to pilot experience requirements, curriculum content, and
part 135 instructor requirements to address the absence of powered-lift
specific regulations in part 135. Finally, the NPRM proposed changes to
parts 141 and 142 to facilitate the training of powered-lift pilots in
accordance with those parts as well as the amendments set forth in the
SFAR.
---------------------------------------------------------------------------
\8\ The FAA recently published a final rule amending the
regulatory definitions of certain air carrier and commercial
operations to enable powered-lift operations under part 135. See 88
FR 48072 (July 26, 2023).
\9\ After an initial cadre of instructors have completed
training at the OEM, the FAA proposed that operators use their
instructors to train and test additional pilots according to their
approved part 135 training program.
---------------------------------------------------------------------------
The FAA proposed in the SFAR which operating rules apply to
powered-lift on a temporary basis under parts 91 (``General Operating
and Flight Rules''), 135 (``Operating Requirements: Commuter and On
Demand Operations''), and 136 (``Commercial Air Tours''). The FAA noted
that this would enable the FAA to gather additional information and
determine the most appropriate permanent rulemaking path for these
aircraft. The FAA proposed the requirements that should be applicable
to powered-lift based on its phase of operation, current requirements
for
[[Page 92304]]
airplanes and helicopters, and safety intent of the current rule.
Under parts 91 and 135, generally the FAA proposed applying the
operating rules pertaining to airplanes; however, in some instances,
the FAA proposed applying certain helicopter rules based on whether a
powered-lift is anticipated to operate similar to a helicopter and
subject to some performance-based standards. The FAA proposed
exceptions, however, to account for the different modes of flight and
applicable operational requirements. Under part 91, the FAA proposed
applying helicopter rules during some instances of vertical flight.
Under part 135, the FAA proposed applying helicopter rules related to
overwater equipment and briefing, specified IFR and VFR requirements,
operations in icing conditions, airport requirements, and operations in
remote areas.
The FAA proposed to permanently amend part 111 (``Pilot Records
Database'') to apply to operators and pilots of large powered-lift.
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.
The FAA determined that part 43 (``Maintenance, Preventive
Maintenance, Rebuilding, and Alteration'') was applicable to powered-
lift but proposed other amendments to clarify preventative maintenance
requirements considering that powered-lift can operate outside of the
airport environment.
Part 97 (``Standard Instrument Procedures'') outlines the current
requirements for standard instrument approach procedures, obstacle
departure procedures, and weather minimums for IFR takeoffs and
landings at U.S. civil airports. Copter procedures are also outlined in
this part. The FAA proposed that, as with airplanes and helicopters,
powered-lift could also utilize these standard procedures during IFR
operations if the powered-lift was capable in accordance with its type
certification.
C. General Overview of Comments
The FAA received 81 comments in response to the NPRM from a variety
of commenters, including aircraft manufacturers and operators, aviation
training companies, other aviation companies, trade associations, civil
aviation authorities, and individuals. Powered-lift manufacturers and
operators commenting on the NPRM included: AIR VEV; Archer Aviation
(Archer); Augusta-Westland Philadelphia Corporation (AWPC), a
subsidiary of Leonardo Helicopters ; BETA Technologies, Inc. (BETA);
Bristow Group Inc. (Bristow); a joint comment from Eve Air Mobility and
Embraer S.A. (Eve); Joby Aviation (Joby); Lilium GmbH (Lilium);
Supernal LLC (Supernal); Vertical Aerospace Group LTD (Vertical
Aerospace Group); Wisk Aero (Wisk); and XTI Aircraft Company (XTI).
Other aviation companies commenting on the NPRM included: Airbus
Helicopters, Alakai Technologies Corporation, ASR-Pioneer, CAE,
Electra.aero, Ferrovial Vertiports, L3Harris Commercial Aviation
Solutions--Advanced Air Mobility (L3Harris), Sabrewing Aircraft Company
(SACO), and UPS Flight Forward (UPS FF). Trade association commenters
included: Advanced Air Mobility Institute, Air Line Pilots Association
International (ALPA), Aircraft Owners and Pilots Association (AOPA),
Airlines for America (A4A), Association for Uncrewed Vehicle Systems
International (AUVSI), FlightSafety International Inc., General
Aviation Manufacturers Association (GAMA), Helicopter Association
International (HAI),\10\ National Air Transportation Association
(NATA), National Business Aviation Association (NBAA), and Vertical
Flight Society (VFS). SAE International, a consensus standards-setting
organization, commented on the NPRM. Civil aviation authorities,
governmental agencies, and industry associations located outside the
United States commenting on the NPRM included: ADS Group (ADS);
European Aerospace, Security and Defence Industries (ASD); the European
Union Aviation Safety Agency (EASA); and the National Civil Aviation
Agency of Brazil (ANAC).
---------------------------------------------------------------------------
\10\ The FAA notes that on February 26, 2024, the commenter
announced the renaming of Helicopter Association International (HAI)
to Vertical Aviation International (VAI).
---------------------------------------------------------------------------
While the FAA received only 81 comments, each comment detailed a
wide array of discrete issues and recommendations. Some commenters
provided general, high-level comments on the NPRM. Archer applauded the
FAA's progress in its proposed powered-lift regulations, while Bristow
said the proposed rules are a good start and will have a positive
impact. An individual supported the proposed regulatory framework,
which they said would enhance safety, efficiency, and innovation.
Electra.aero stated the FAA should be proactive in powered-lift
standards development to ``help[] preclude unrealistic expectations of
commercial market introduction of these technologies.''
Overall, the majority of commenters expressed general support for
the FAA's approach to integrating powered-lift into the NAS through
expeditious rulemaking. However, they also recommended a number of
revisions to the FAA's proposal that they believed would provide
greater ability to quickly and safely integrate powered-lift into the
NAS. The following provides a high-level overview of key issues raised
by commenters. Detailed discussions of comments received and FAA
responses are found throughout this preamble.
Alignment With ICAO Requirements for Powered-Lift Airman Certification
Category
The FAA received numerous comments on the proposal to retain the
category requirement for powered-lift pilots. Commenters requested the
FAA align its requirements with ICAO Annex 1 recommendations by
requiring only a powered-lift type rating on an existing commercial
pilot certificate with an airplane category or helicopter class rating
(i.e., no powered-lift category rating).
Aircraft Dual Controls Requirement
The FAA received many comments in response to the request for
information on the existing requirement for dual controls to be
installed on training aircraft and those used for supervised operating
experience (SOE). Commenters requested: (1) no requirement for dual
controls regardless of how the powered-lift will be used; (2) 100
percent simulator training, which would relieve any requirement for
dual controls/aircraft training; and (3) non-traditional methods to
accomplish SOE. However, EASA's comment supported a requirement for
dual controls/access as currently required by Sec. Sec. 61.195 and
91.109.
Other Pilot Certification Comments of Note
Commenters broadly suggested aligning pilot certification
requirements for powered-lift with those of helicopters.
Amount of FSTD Time Allowed for a Powered-Lift Rating
Commenters requested the use of a flight training device (FTD)
instead of an FFS and requested to utilize the FTD to perform all 50
hours of PIC flight time required for a powered-lift category rating at
the commercial pilot level. Several commenters expressed the need for
FSTDs that are not Level C or higher FFS, stating the need for more
avenues by which an equivalent level of training may be accomplished.
Commenters
[[Page 92305]]
noted additional burdens of both time and resources to meet the
proposed FSTD requirements. Other comments suggested using preexisting
deviation authority mechanisms to achieve an equivalent level of
safety.
VFR and IFR Fuel Requirements
The FAA received comments on parts 91 and 135 VFR and IFR fuel
requirements. Commenters requested different variations of two comment
themes: (1) performance-based fuel reserves, and (2) use of fuel
requirements specified for helicopters. Several commenters noted that
powered-lift incorporating innovative power sources could offer greater
operational capability if they were able to use energy reserves lower
than those currently prescribed for airplanes or helicopters. They
asserted that by enforcing the requirements proposed in the NPRM, the
FAA would limit the capability and scope of operations. Other
commenters suggested applying helicopter fuel requirements to powered-
lift, asserting that powered-lift, like helicopters, have the
maneuverability and operational flexibility to land in more varied
locations.
Visibility Requirements
The FAA received comments on visibility requirements. Commenters
requested to utilize the helicopter provisions existing in the
regulations, as well as the adoption of a performance-based approach.
Several commenters suggested applying helicopter weather minima rather
than the airplane requirements. Several commenters also noted that
technological advancements could enable powered-lift to safely operate
in visibilities lower than currently prescribed for airplanes or
helicopters. Furthermore, several commenters contended that since
powered-lift could operate at speeds and maneuverability comparable to
helicopters, they should be permitted to use the visibility
requirements prescribed for helicopters or a performance-based
visibility requirement.
Minimum Safe Altitudes for Operations Conducted Under Parts 91 and 135
The FAA received comments on parts 91 and 135 minimum safe
altitudes. Commenters requested: (1) the use of VFR minimum altitudes
specified for helicopters (one variation proposed), and (2)
performance-based minimum safe altitudes. Commenters suggested the FAA
consider the operational capabilities of powered-lift, which are able
to operate at low speeds and have the maneuverability similar to
helicopters, and therefore apply the VFR minimum altitudes prescribed
for helicopters. Commenters also suggested the FAA permit a
performance-based approach when applying VFR minimum altitude
requirements to powered-lift.
SFAR Duration (10 Years)
Commenters supported the temporary adaptability of the SFAR but
stated that an approach with 2 to 3-year reviews within the 10-year
period would ensure dynamic rather than static regulations.
D. Differences Between the NPRM and the Final Rule
The following table summarizes key changes from the NPRM made in
this final rule.
Table 2--Summary of Key Changes From NPRM
----------------------------------------------------------------------------------------------------------------
Adopted by this Final Regulatory citation (14 Additional discussion
Proposed action in the NPRM Rule CFR) in section of preamble
----------------------------------------------------------------------------------------------------------------
The NPRM did not propose to revise This final rule adds Sec. 1.1............. XIV.D.
the definition of autorotation. powered-lift to the
definition of
autorotation.
The NPRM proposed to revise Sec. This final rule does Sec. 61.64(a)(1)..... V.I.5.
61.64(a)(1) to specify the ratings not adopt the proposed
that must be sought when using an revision.
FSTD representing an aircraft
requiring a type rating.
The NPRM proposed revising Sec. The final rule adopts Sec. 91.113(d)(2)-(4) VI.B.1.
91.113 as a temporary change under the proposed Sec.
part 194 and grouped powered-lift in 91.113 temporary
the same right-of-way category with change as a permanent
airplanes and rotorcraft. change.
The NPRM proposed amending the note The regulation now Sec. 135.100(d)...... VI.D.2.
in Sec. 135.100 to replace the clarifies the
word ``airplane'' with ``aircraft''. definition of taxi to
include VTOL aircraft
and specifies the
airspeed and height
above ground level.
The NPRM did not address Sec. The final rule corrects Sec. 135.165(d)...... VI.D.3.
135.165, which contains an incorrect the cross-reference in
cross-reference to part 119. Sec. 135.165(d) to
reference part 110
rather than part 119.
The NPRM did not propose revisions to This final rule revises Sec. 135.339(e)(3) V.J.11.
Sec. 135.339. certain training and (4).
regulations for check
airmen to account for
flight training in
powered-lift with a
single set of controls.
The NPRM did not propose revisions to This final rule revises Sec. 135.340(e)(3) V.G.1.iv. & V.J.11.
Sec. 135.340. certain training and (4).
regulations for
instructors to account
for flight training in
powered-lift with a
single set of controls.
The NPRM did not propose changing The final rule corrects Sec. 136.75(a)....... VI.E.5.ii.
Sec. 136.75(a) to reference Sec. 136.75(a) by
``single-engine'' rotorcraft. adding ``single-
engine'' before
``rotorcraft'' as a
permanent change.
[[Page 92306]]
The NPRM did not propose revisions to This final rule Sec. 141.37(a)(3)(ii) V.F.2.ii., V.G.2., &
Sec. 141.37. corrects the ratings V.I.5.
that may be held on a
ground instructor
certificate.
The NPRM proposed to replace This final rule applies Sec. 142.47(a)(5).... V.F.2.ii.
``airplane'' requiring a type rating the ATP aeronautical
with ``aircraft'' requiring a type experience
rating, thereby including all requirements to FSTD
powered-lift, in regard to certain instructors in
instructor qualifications under part airplanes and
142. helicopters requiring
a type rating, powered-
lift over 12,500
pounds, and turbojet
powered powered-lift
rather than all
aircraft requiring a
type rating.
The NPRM did not propose any changes This final rule adds a Sec. 142.47(a)(5)(ii) V.G.3.
to the minimum aeronautical qualification option and (ii).
experience requirements in Sec. of holding a
142.47(a)(5). commercial pilot
certificate with the
appropriate ratings or
an unrestricted ATP
with the appropriate
ratings rather than
meeting certain
aeronautical
experience
requirements.
The NPRM did not include FAA test This final rule adds Sec. Sec. 194.103, V.F.2.i.d., V.F.2.ii.,
pilots or ASIs in the population of FAA test pilots and 194.203(a)(3), V.F.7., V.D.3.ii.,
pilots able to utilize the alternate ASIs to the alternate 194.213(a)(1)(iii), V.F.2.i.a.-d., V.F.7.,
requirements set forth by part 194. requirements for test 194.217, V.F.3.i.a.-c., &
pilots, accounts for 194.219(b)(1)(i), V.F.3.i.
both groups of pilots 194.219(b)(3)(iii),
as it pertains to 194.225,
instructor pilots, and 194.227(b)(1)(i).
adds definitions for
both groups of pilots.
The NPRM did not account for persons This final rule excepts Sec. 194.209(c)...... V.C.
receiving flight training in powered- applicants receiving
lift type certificated for more than flight training from
one pilot. Sec. 61.55(a)(1),
(a)(2), and (b)(2) in
order to serve as
Second in Command
(SIC) in a powered-
lift type certificated
for more than one
required pilot flight
crewmember.
The NPRM did not propose any relief This final rule reduces Sec. 194.216(a)...... V.F.2., V.F.2.iii.a., &
to Sec. 61.129(e)(2)(i), which the amount of required V.G.3.
requires 50 hours of PIC time in a PIC time in a powered-
powered-lift. lift to 35 hours for
pilots under the SFAR.
The NPRM proposed to only permit This final rule permits Sec. 194.216(b)...... V.F.2. & V.F.2.iii.b.
pilots at approved training programs any applicant under
to credit a maximum of 15 hours in the SFAR to credit a
an FSTD toward the PIC flight time maximum of 15 hours
requirement of Sec. towards the 35-hour
61.129(e)(2)(i). PIC flight time
requirement of Sec.
194.216(a).
The NPRM proposed to permit certain This final rule reduces Sec. Sec. V.F.2.ii.b.
pilots to log up to 40 hours of PIC the number of hours 194.221(c), 194.223(c).
flight time as sole manipulator of that may be logged
the controls when the person is not from 40 hours to 25
rated. hours to account for
the reduction in
required PIC flight
time in a powered-lift
(see Sec.
194.216(a)).
The NPRM proposed to mirror a part This final rule Sec. 194.241(b)...... V.I.5.
141 section prescribing certain corrects the ratings
ratings that may be held on a ground that may be held on a
instructor certificate. ground instructor
certificate, mirroring
the correction to Sec.
141.37(a)(3)(ii).
The NPRM did not contemplate This final rule adopts Sec. 194.243(b)(4)... V.G.1.v.
retraining requirements for training and
unsatisfactory performance on part endorsement
135 checks in lieu of a practical requirements mirroring
test. Sec. 61.49 for
certain unsatisfactory
part 135 checks under
the SFAR.
The NPRM referenced the Aircraft This final rule Sec. 194.247(b)...... V.J.3.
Flight Manual as determining when corrects the reference
two pilots are required. to the type
certificate as
dictating when two
pilots are required.
[[Page 92307]]
The NPRM proposed to require a This final rule Sec. 194.247(b)(1)... V.J.3.
certificate holder conducting specifies Sec. Sec.
commuter operations with powered- 121.903(c) and
lift in which two pilots are 121.921(a) in subpart
required to comply with subpart Y to Y will apply to
part 121. powered-lift,
notwithstanding use of
the term ``airplane''
in the regulations.
The NPRM did not propose any relief This final rule adopts Sec. 194.253, V.D.3.ii. & V.D.3.iii.
to the requirement that a powered- three options for Appendix A to part 194.
lift must have dual controls for flight training in
flight training. powered-lift with a
single set of controls.
The NPRM proposed not allowing The final rule allows Sec. VI.B.1., VI.B.2.,
powered-lift to use the helicopter/ some powered-lift to 194.302(d) (pertaining VI.B.4., & VI.B.5.
rotorcraft criteria stipulated in use the helicopter/ to Sec. 91.119).
the following part 91 sections: Sec. rotorcraft provisions
91.119 (minimum safe altitudes), as long as they meet
Sec. 91.151 (VFR fuel the performance-based
requirements), Sec. Sec. 91.155 criteria outlined in
and 91.157 (VFR weather minimums), part 194.
Sec. 91.167 (IFR fuel
requirements), Sec. 91.169 (IFR
flight plan), and Sec. 91.175 (IFR
takeoff and landing).
Sec. .......................
194.302(l) (pertaining
to Sec. 91.151).
Sec. .......................
194.302(m) and (n)
(pertaining to Sec.
91.155).
Sec. .......................
194.302(p) (pertaining
to Sec. 91.157).
Sec. .......................
194.302(q) (pertaining
to Sec. 91.167).
Sec. .......................
194.302(r) (pertaining
to Sec. 91.169).
Sec. .......................
194.302(s) (pertaining
to Sec. 91.175).
The NPRM proposed not allowing The final rule allows Sec. VI.D.2., VI.D.4., &
powered-lift to use the helicopter/ some powered-lift to 194.306(c) (pertaining VI.D.8.
rotorcraft criteria stipulated in use the helicopter/ to Sec. 135.93).
the following part 135 sections: rotorcraft provisions
Sec. 135.93 (Autopilot minimum as long as they meet
altitudes), 135.203 (VFR minimum the performance-based
altitudes), 135.205 (VFR visibility criteria outlined in
requirements), 135.209 (VFR fuel part 194.
supply), 135.221 (IFR alternate
airport weather minimums), 135.223
(IFR alternate airport
requirements), 135.609 (VFR
visibility requirements for Class G
airspace), 135.613 (approach/
departure IFR transitions), and
135.615 (VFR flight planning).
Sec. .......................
194.306(nn)
(pertaining to Sec.
135.203).
Sec. .......................
194.306(pp)
(pertaining to
135.205).
.......................
Sec.
194.306(ss)
(pertaining to Sec.
135.209).
Sec. .......................
194.306(tt)
(pertaining to Sec.
135.221).
Sec. .......................
194.306(uu)
(pertaining to Sec.
135.223).
Sec. .......................
194.306(qqq)
(pertaining to Sec.
135.609).
Sec. .......................
194.306(sss) and (ttt)
(pertaining to Sec.
135.613).
Sec. .......................
194.306(uuu)
(pertaining to Sec.
135.615).
[[Page 92308]]
The NPRM proposed applying the The final rule applies Sec. 194.306(t)...... VI.D.3.
requirements of Sec. 135.158 Sec. 135.158 to
(pitot heat indication systems) to powered-lift but
powered-lift. allows the indication
light to be other than
an amber light.
The NPRM did not address powered-lift The final rule revises Sec. VI.D.3., VI.E.2.,
that experience a ``critical change some language in part 194.306(z) (pertaining VI.E.3., & VI.E.5.i.
of thrust.'' 194, pertaining to to Sec. 135.168).
parts 135 and 136, to
reference powered-lift
that experience a
``critical change of
thrust'' and adopts a
definition for this
term.
Sec.
194.306(ii) and (jj)
(pertaining to Sec.
135.181).
Sec. .......................
194.306(kk)
(pertaining to Sec.
135.183).
Sec. .......................
194.308(d)(1)
(pertaining to Sec.
136.9).
Sec. .......................
194.308(d)(2)(ii)
(pertaining to Sec.
136.11(a)(2)).
Sec. .......................
194.308(d)(6)
(pertaining to Sec.
136.75(c)).
The NPRM did not clarify the The final rule outlines Sec. 194.306(nnn) VI.D.8.
instrument and ATP certificate the instrument and ATP (pertaining to Sec.
requirements under Sec. 135.603. certificate 135.603).
requirements for
powered-lift
conducting air
ambulance operations.
The NPRM did not apply the flotation The final rule applies Sec. 194.308(d)(2) VI.E.3.
requirements under Sec. 136.11 to Sec. 136.11(a)(1) to (pertaining to Sec.
single-engine powered-lift and single-engine powered- 136.11).
applied the requirements only to lift. It also applies
powered-lift operating in vertical- Sec. 136.11 to
lift flight mode while conducting powered-lift operating
operations beyond the auto- in both vertical-lift
rotational or gliding distance from and wing-borne flight
the shoreline. modes. Finally, the
final rule removes the
redundant and
unnecessary language
pertaining to auto-
rotational and gliding
distances.
----------------------------------------------------------------------------------------------------------------
IV. Powered-Lift Type Certification and FSTD Qualification
A. Type Certification
In the NPRM, the FAA did not propose any new requirements for the
type certification of powered-lift. The FAA determined it will use its
existing regulatory process to type certificate powered-lift as a
special class under Sec. 21.17(b).
The FAA uses a tiered safety approach for minimum certification
standards, with different levels for airplanes and rotorcraft. For
certain unique aircraft for which the FAA has not established
airworthiness standards in its regulations (e.g., gliders, airships,
powered-lift), the FAA uses the special class aircraft process. For
powered-lift, the FAA will designate airworthiness requirements and
other criteria that match the safety levels of existing standards by
considering factors like aircraft size, seating, and performance. 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.\11\
---------------------------------------------------------------------------
\11\ E.g., see: Airworthiness Criteria: Special Class
Airworthiness Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-
Lift, 87 FR 67399 (Nov. 8, 2022); 89 FR 17230 (March 8, 2024).
Alternatively, the FAA may designate acceptable airworthiness
criteria as the certification basis for powered-lift by publishing a
future advisory circular (AC), as the agency has done for airships
(AC 21.17-1A, Type Certification--Airships, dated Sept. 25, 1992),
gliders (AC 21.17-2A, Type Certification--Fixed Wing Gliders
(Sailplanes), Including Powered Gliders, dated Feb. 10. 1993), and
very light airplanes (AC 21.17-3, Type Certification of Very Light
Airplanes Under FAR 21.17(b), dated Dec. 21, 1992).
---------------------------------------------------------------------------
In some cases, specific airworthiness requirements for issuance of
type certificates might not fulfill the requirements of operational
rules. Applicants seeking powered-lift type design approval should
identify areas needing additional approvals to meet anticipated
operational needs. Operational rules often reference airworthiness
standards in part 23, 25, 27, or 29, but adaptations might be necessary
for unique designs.
In the NPRM, the FAA proposed that powered-lift weighing more than
12,500 pounds would be required to meet certain operating regulations
that currently apply to large transport category airplanes. The FAA
also stated that this specific weight point would be an appropriate
weight at which to apply certain transport category certification
standards when type certificating powered-lift under Sec. 21.17(b).
The FAA further requested comments on whether the public believes there
is a more appropriate weight at which to apply transport category
regulations to powered-lift.
Two commenters generally supported the FAA's proposed approach for
type certification. HAI commented that older powered-lift designs are
significantly different from those proposed by recent applicants and
supported the FAA's intended use of Sec. 21.17(b) for the type
certification of unique and novel designs. The commenter also
recommended collecting information during the certification process of
novel AAM aircraft before requiring type ratings for each make and
model. SAE International generally supported the FAA's intended use of
performance-based regulations for powered-lift type certification
airworthiness criteria.
[[Page 92309]]
An individual commenter highlighted specific concerns regarding
powered-lift type certification and recommended that the FAA consider
the unique aspects of each design when developing the type
certification requirements. The commenter highlighted the need to
consider all the various flight-mode unique aspects and that the
regulations should focus on control law development instead of
prescribing specific regulations based on specific design
configurations. The commenter also identified technical areas that the
FAA should consider when developing powered-lift airworthiness
criteria. The FAA agrees that the novel aspects of powered-lift require
an alternate approach to existing prescriptive airworthiness standards
for airplanes and rotorcraft, which is why the FAA expects to largely
employ performance-based airworthiness criteria. The FAA also agrees
that the novel features identified by the commenter require evaluation
during powered-lift type certification; however, this is beyond the
scope of this SFAR and will instead be covered in each powered-lift
airworthiness criteria publication.
An individual commenter requested clarification as to how the FAA
would determine which airworthiness standards would be appropriate for
use in the type certification of powered-lift and what criteria would
be used to make this decision.
As described in the NPRM, when conducting the evaluation for
determining an equivalent level of safety to existing standards, the
FAA will consider the powered-lift's specific type design features
(aircraft's size, passenger seating configuration, performance, etc.)
and evaluate them against the applicable airworthiness requirements
contained in parts 23, 25, 27, 29, 33, and 35. In addition, certain
transport category (i.e., 14 CFR parts 25 and 29) certification
standards will be appropriate for powered-lift weighing more than
12,500 pounds.
EASA noted discrepancies in the type certification section of the
NPRM. EASA stated that while the NPRM stated that no changes to type
certification requirements were proposed, the FAA has separately
published airworthiness criteria for two companies that propose changes
to part 23 requirements and establish new requirements.
To clarify the FAA's statement in the NPRM regarding no new/changed
type certification requirements, the FAA noted that the existing
regulatory structure in 14 CFR part 21 already provides the means by
which powered-lift can receive a type certificate. Specifically, Sec.
21.17(b) provides for the ability to type certificate powered-lift as a
special class aircraft. As stated in the NPRM, under Sec. 21.17(b),
the FAA designates the applicable airworthiness requirements, which 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.
Alakai Technologies Corporation stated the proposed entrants into
the AAM industry include ``special class rotorcraft'' \12\ and powered-
lift, both of which would be type certificated under Sec. 21.17(b).
However, the commenter noted the proposed rule provides a framework for
airman certification and operation only for powered-lift, and not for
special class rotorcraft. The commenter contended that without
providing a framework for airman certification and operation for
special class rotorcraft, special class rotorcraft will be prohibited
from operating in the NAS, thereby limiting the market to powered-lift
special class aircraft AAM technology.
---------------------------------------------------------------------------
\12\ ``Special class rotorcraft'' are rotorcraft, as defined in
Sec. 1.1, that meet three or more of the following criteria: (1)
for its support in flight, the rotorcraft depends principally on the
lift generated by three or more rotors and creates directional
control by varying the power at each rotor; (2) the rotorcraft
utilizes electric or hybrid-electric propulsion; (3) the
rotorcraft's design includes an advanced flight control system
(e.g., a fly-by-wire flight control system) that uses electronically
operated controls such that the pilot has no direct mechanical link
to the control surfaces or swashplate; and (4) the rotorcraft is not
capable of traditional autorotation, but instead provides an
alternate method of safe landing following loss of engine power. See
definition of rotorcraft in 1.1 and FAA Policy Statement PS-AIR
21.17-02.
---------------------------------------------------------------------------
The commenter referred to a developing policy the FAA has not yet
finalized that would designate certain rotorcraft as ``special class
rotorcraft.'' Although special class rotorcraft would be type
certificated under the special class process in Sec. 21.17(b), they
still meet the regulatory definition of a rotorcraft in Sec. 1.1. As
such, special class rotorcraft would fall under the operating and
airmen rules for rotorcraft (helicopter) in parts 61, 91, 135, etc. and
would not need the same accommodations that were necessary for powered-
lift. The FAA determined that the inclusion of special class rotorcraft
in this SFAR was not needed for enabling those aircraft and that
including special class rotorcraft is beyond the scope of this
rulemaking to enable powered-lift.
EASA asked how the FAA would consider operational alleviations for
these type-certificated aircraft in the context of AAM. The FAA
reviewed the SFAR language to determine where operational alleviations
could be provided for powered-lift that meet certain performance
criteria and made changes to the minimum safe altitude, visibility, and
fuel reserves requirements. These accommodations are addressed within
the respective sections of this preamble for each rule as applicable
for powered-lift.
Vertical Aerospace Group commented that powered-lift should be
built to the highest safety standards and that the combination of
complex aircraft systems and complex commercial operating environment
require a design safety target of 10-9 and Design Assurance
Level (DAL) A for systems, software, and complex hardware, with respect
to failure conditions classified as catastrophic. Additionally, the
commenter requested the FAA provide details on what transport category
airworthiness criteria would be used for powered-lift, including
crashworthiness, gust loads, wind speeds, and performance criteria.
Currently, airplanes and rotorcraft type certificated in the normal
category are permitted to perform commercial operations transporting
passengers without meeting the more stringent transport category design
requirements. As stated in the NPRM, for powered-lift, which are type
certificated under Sec. 21.17(b), the safety targets for each product
are based on meeting an equivalent level of safety to the existing
airworthiness standards. Rather than establishing a rigid ``one size
fits all'' safety target or DAL for all powered-lift, which will be
used in varied types of operations, the FAA separately considers each
aircraft's unique design characteristics to ensure the selected
airworthiness criteria are appropriate to the design, intended
operations, and safety. The FAA will publish the proposed airworthiness
criteria for each powered-lift, including an explanation of its
equivalency determination, in the Federal Register for public notice
and comment before issuing final airworthiness criteria.
ALPA responded to the FAA's request for comments on applying
transport category regulations to large powered-lift, those weighing
more than 12,500 pounds. ALPA disagreed with the FAA's proposal to use
12,500 pounds as the weight threshold for large powered-lift because
ALPA asserted this cutoff is arbitrarily based on historical aircraft
safety records that are not relevant to new aircraft being proposed in
the
[[Page 92310]]
powered-lift industry. ALPA recommended that 7,500 pounds would be more
appropriate for first-generation powered-lift, noting that this would
allow the FAA to apply more appropriate sections of existing parts 135
and 136 to the majority of the first-generation powered-lift.
The FAA disagrees with the ALPA recommendation that 7,500 pounds
should be used instead of 12,500 pounds as the weight at which
transport category airworthiness standards would be appropriate. The
FAA has determined that 12,500 pounds provides the appropriate level of
safety and places the weight threshold between the weight limits for
transport category airplanes and transport category rotorcraft.\13\
Imposing part 25/29 airworthiness requirements on powered-lift weighing
12,500 pounds or less would decrease the useful payload of the powered-
lift and increase the cost of type certification.
---------------------------------------------------------------------------
\13\ The NPRM included a typographical error that identified the
normal category weight limits for rotorcraft and airplanes as 7,500
lbs. and 19,500 lbs., respectively. The correct weight limits for
those airworthiness standards are 7,000 lbs. and 19,000 lbs.,
respectively.
---------------------------------------------------------------------------
XTI said that, in addition to wing-borne flight and vertical lift,
some powered-lift will also operate in an intermediate configuration
utilizing vectored thrust and wing-borne flight during takeoff and
landing. This short takeoff and landing (STOL) mode, the commenter
said, provides significant performance benefits and improves ranges.
XTI requested clarification whether required runway distances would be
calculated differently for powered-lift operating in STOL mode than the
required distances for fully wing-borne flight.
The method by which the required runway distance is calculated
would be the same for powered-lift and conventional takeoff and landing
aircraft; however, the distance for powered-lift would be shorter. The
specific configuration for takeoff and landing would need to be defined
in the flight manual along with the respective takeoff and landing
performance for those configurations. However, the particular details
in calculating runway distances for a certain powered-lift are beyond
the scope of this SFAR.
A helicopter pilot recommended that the FAA review its bird strike
certification procedures when certificating powered-lift. The commenter
cited concerns that powered-lift will be more prone to bird strikes
than helicopters given they operate at lower altitudes and environments
prone to more bird activity, generate less noise and rotor downwash
that would normally keep birds away, and may travel at faster speeds.
The commenter suggested powered-lift test pilots should use their
experience to recommend methods of bird strike avoidance through
training, emergency procedures, and system designs like detect-and-
avoid systems.
The commenter's recommendations are beyond the scope of this SFAR.
However, the agency notes that, to date, the FAA has included bird
strike protection requirements in the proposed airworthiness criteria
for the first three powered-lift applicants the agency has published
for notice and comment under Sec. 21.17(b).\14\
---------------------------------------------------------------------------
\14\ See Airworthiness Criteria: Special Class Airworthiness
Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-Lift, 87 FR
67399 (Nov. 8, 2022); Airworthiness Criteria: Special Class
Airworthiness Criteria for the Archer Aviation Inc. Model M001
Powered-Lift, 87 FR 77749 (Dec. 20, 2022); Airworthiness Criteria:
Special Class Airworthiness Criteria for the AgustaWestland
Philadelphia Corporation Model AW609 Powered-Lift, 88 FR 37805 (June
9, 2023).
---------------------------------------------------------------------------
The remaining comments on type certification requested
clarification on language used in the NPRM preamble or specific
information on the type certification process or specific safety
objectives required during type certification. These comments are
beyond the scope of this rulemaking. As stated previously, the specific
airworthiness criteria for each powered-lift project will be published
in the Federal Register for public notice and comment.
B. Noise Certification
The FAA did not propose any new requirements for the noise
certification of powered-lift. The FAA is mandated to establish noise
standards and regulations that ensure public safety regarding aircraft
noise. Recent advancements in electric motors and control systems have
led manufacturers to develop novel aircraft that differ significantly
from conventional ones covered by existing noise certification
standards. The FAA will examine each application and determine whether
the existing part 36 requirements are appropriate as a noise
certification basis, as it does for all noise certification applicants.
If the FAA determines that the part 36 rules are not sufficient for a
particular powered-lift, the FAA may create rules of particular
applicability for that powered-lift. Due to potentially diverse designs
of these aircraft and limited data on their noise signatures, the FAA
has not yet established broad noise standards for all powered-lift.
However, powered-lift that are tilt-rotors are currently subject to the
noise regulations of appendix K of part 36.
If a manufacturer seeks certification for a powered-lift which
could not be certificated using appendix K of part 36, the FAA would
propose amending the SFAR to include operating noise limits in subpart
I of part 91, which would be applicable to that powered-lift.\15\
---------------------------------------------------------------------------
\15\ Appendix K to part 36 outlines noise requirements for
tiltrotors utilized by a powered-lift. The FAA notes that these
would be applicable to powered-lift if it is determined during the
aircraft certification process.
---------------------------------------------------------------------------
HAI said that the certification process could reveal that AAM
vehicles emit less noise than traditional aircraft, referencing the GAO
report cited in the NPRM.\16\ HAI said that current standards may need
adjustment but that the certification process should reveal any
requirements and inform future rulemaking in this area. The FAA
contemplated the need for future rulemaking in the NPRM. Rather than
use the existing requirements for small propeller airplanes, jet
transport airplanes, helicopters, or tiltrotors in part 36, such
diverse conceptual designs and new aircraft types may require tailored
noise certification requirements. As stated in the NPRM, 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
these new aircraft designs. The noise sources from these aircraft have
been shown to be complex, and the FAA does not yet have sufficient 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.
---------------------------------------------------------------------------
\16\ U.S. Government Accountability Office, GAO-22-105020,
Transforming Aviation: Stakeholders Identified Issues to Address for
``Advanced Air Mobility'', published, May 9, 2022. Publicly
released, May 9, 2022.
---------------------------------------------------------------------------
C. Qualification of Powered-Lift Flight Simulation Training Devices
(FSTDs)
Part 60 prescribes the rules governing the initial and continuing
qualification of all aircraft FSTDs, which includes full flight
simulators (FFS) and flight training devices (FTDs) \17\ used to meet
the training, evaluation, or flight experience requirements for
flightcrew member certification or qualification. In accordance with
Sec. 60.15, the FAA qualifies each FSTD at a specific level
[[Page 92311]]
if that FSTD meets the applicable Qualification Performance Standards
(QPS). The QPS are published in the following appendices to part 60:
appendix A for airplane FFSs, appendix B for airplane FTDs, appendix C
for helicopter FFSs, appendix D for helicopter FTDs, appendix E for the
quality management system for all FSTDs, and appendix F for definitions
and abbreviations applicable to part 60. While appendices E and F will
apply to powered-lift FSTDs, as discussed in the NPRM, part 60 does not
set forth a powered-lift QPS similar to what exists for airplanes and
helicopters. As discussed later in this section, the FAA maintains that
creation and adoption of a new appendix as a permanent fixture in part
60 is premature given the wide variation of powered-lift and rapid pace
of development. Additionally, as discussed in this preamble, one intent
of the SFAR is to equip the FAA with operational data to implement
future permanent regulations, to include that data necessary to develop
a powered-lift QPS in the future.
---------------------------------------------------------------------------
\17\ See 14 CFR 1.1.
---------------------------------------------------------------------------
In general, FSTDs qualified under part 60 are typically used to
replace an aircraft for required air carrier or pilot certification
training and proficiency checking. Because FSTDs are used for
applications such as air carrier training and type rating training,
detailed validation requirements are defined in the part 60 QPS to
ensure that the FSTD performs equivalently to a specific make, model,
and series of aircraft. Depending upon the qualification level of the
FSTD, it may completely replace an aircraft for all training and
proficiency checking events. As mentioned by one commenter who
recommended caution on the use of simulators to replace an aircraft due
to the ability to replicate complex aerodynamic environments, the FAA
notes that rigorous objective validation requirements are applied to
ensure the FSTDs perform equivalently to the aircraft in similar
training and proficiency checking events. These validation requirements
cover a wide range of training tasks, including takeoff, landing,
hovering/low speed operations, and various other flight maneuvers that
are required for pilot training and qualification. As described in the
NPRM, the qualification of powered-lift FSTDs would be validated
similarly in an objective manner to ensure the FSTD performs
equivalently to the aircraft in required training and checking events.
Therefore, the FAA proposed the addition of new requirements in
Sec. 194.105 of the SFAR to enable the qualification of powered-lift
FSTDs. The FAA contended that Sec. 194.105 would function 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 and as determined by the FAA, that would
provide an equivalent level of safety to existing QPS components. As
written in the NPRM, the proposal was intended to follow the
established process in Sec. 21.17(b) for the certification of special
classes of aircraft. This addition facilitates the FSTD qualification
process by enabling FSTD sponsors to propose FSTD qualification
standards where the current standards do not apply to new and novel
aircraft designs. Particularly with objective validation testing, the
ability to propose alternate testing methods is necessary to fully
evaluate the FSTD's capability to provide pilot training for powered-
lift.
The FAA received several comments on the proposed FSTD
qualification process, to which it responds in the subsequent sections,
and FAA adopts the rule text as proposed.
1. Publication of Proposed FSTD Standards
Several commenters noted the urgency to enable a means to ensure
safety and efficiency of FSTDs. Specifically, several commenters
disagreed with publication of the proposed powered-lift standards to
the Federal Register for notice and comment. The primary concern was
that adding a notice and comment process would introduce an unnecessary
delay in approving such standards and qualifying FSTDs. Commenters
suggested alternatives such as: expediting an independent SFAR
consisting only of a powered-lift QPS for part 60; creating an
alternate means of compliance for interim certification; allowing FAA
principal operations inspectors (POIs) to approve FSTDs for use within
the training organization they oversee; developing an expert panel with
approving authority who would conduct a technical review; and providing
notice and an opportunity to comment only for the first QPS, then
utilizing it as a baseline for future QPSs absent Federal Register
publication.
As discussed in the NPRM, the requirements proposed in Sec.
194.105 will follow similar processes that are used to certify special
classes of aircraft. The FAA understands commenters' concerns regarding
the potential for delays; FAA is not required to, and does not plan to,
adhere to all of the requirements for issuing generally applicable
rules. The notice and comment process for a project of this nature, a
rule of particular applicability, does not necessitate a full
regulatory impact analysis or going through the same level of review as
a rule of general applicability. Rather, the FAA anticipates working
closely and directly with the FSTD sponsor and manufacturer to develop
the QPS, after which the FAA would announce the availability of, and
request comment on, the proposed QPS. FAA would solicit comment for a
shorter timeframe than it typically does for a generally applicable
rule, consistent with the time required to complete the comment
consideration and adjudication process for the certification of special
classes of aircraft. Additionally, the FAA does not intend to publish
every proposed QPS for those FSTDs/QPS that have already been
published. In other words, the FAA intends to leverage precedent for
similarly situated FSTDs. For example, if Sponsor A qualified FSTD A
under Sec. 194.105 (after notice, comment, and comment adjudication),
and FSTD A was identical to FSTD B that Sponsor B wished to qualify,
the FAA would apply FSTD A's QPS without public notice and comment, but
after providing Sponsor B notice of the QPS and an opportunity to
comment.
To effectuate this process, while also recognizing there are
instances (like the previously described scenario) where the FAA will
find it unnecessary to provide public notice and seek comment, the FAA
adopts a new paragraph in Sec. 194.105. Specifically, Sec. 194.105 as
it was proposed will be designated as paragraph (a), and new paragraph
(b) will set forth the FAA's intent to publish proposed QPSs in the
Federal Register for comment. Additionally, paragraphs (b)(1) and (2)
will acknowledge that the FAA may find public notice and comment to be
unnecessary in certain circumstances. The FAA finds this regulatory
approach will address commenters concerns with timeliness in
publication where extenuating circumstances exist and when similar
simulators seek to enter into service.
The FAA anticipates that much of the existing FSTD standards in
appendix A through appendix D to part 60 are applicable to powered-lift
FSTDs with minor changes, including current general requirements,
functions and subjective requirements, and certain cueing requirements
for airplane and helicopter FSTDs. Additionally, portions of existing
validation testing requirements may potentially be applied to powered-
lift with adjustments of testing maneuvers, modification of applicable
parameters, and the addition
[[Page 92312]]
of testing conditions to cover unique aircraft characteristics and
associated training requirements. The FAA already maintains a framework
for adjudication of special class airworthiness comments and intends to
leverage that existing framework in the adjudication of comments after
QPS notice.
While the FAA acknowledges that the notice and comment process may
introduce some administrative burden and time delays, the transparent
process and public participation benefits both the industry and the
FAA. First, as previously mentioned, the FAA intends to use the SFAR to
inform a permanent rulemaking to part 60 (i.e., likely the addition of
appendices to part 60 for powered-lift FFS and FTD QPSs). By treating
QPSs under the same framework as special classes of aircraft, the FAA
foresees the accumulation of requisite information to propose the most
appropriate permanent amendment to part 60. This information may stem
from industry, sponsors, FAA inspectors and subject matter experts, and
the general public; public notice provides an efficient and familiar
platform for such input. The FAA recognizes that public commenters may
have limited technical and proprietary information on the design of
these new and novel aircraft designs but maintains the benefit of
improving efficiency over time for new aircraft entry into the NAS.
Additionally, the nature of public notice, adjudication of comments,
and issuance of final QPS will establish precedent whereby interested
stakeholders will be able to view past approved proposals and base
future proposals upon them. Rather than addressing multiple individual
proposals in a non-transparent manner through a deviation process, the
FAA anticipates that the public notice and comment process could have a
converging effect on the powered-lift FSTD standards over time.
The FAA considered the various alternatives suggested by
commenters. First, the creation of fixed QPS standards to part 60
through a permanent generally applicable rulemaking or through an
expedited SFAR is premature given the lack of any certificated powered-
lift and presentation of any powered-lift FSTD to the FAA. Primarily,
the FAA lacks requisite information to develop a universal FSTD QPS
applicable to the array of unique configurations of powered-lift. The
SFAR approach facilitates a flexible and transparent process tailored
to the specific powered-lift FSTD. The information and expertise
accumulated during the pendency of the SFAR will position the FAA and
its industry counterparts in a more conducive position to future
permanent regulations. Furthermore, under the SFAR public comment
process, feedback from the well-established airplane and helicopter
simulation and training industry and other interested parties can be
leveraged in proposed powered-lift FSTD standards to incorporate past
lessons learned in utilizing simulation to improve simulator fidelity,
pilot training, and, ultimately, aviation safety.
Next, while POIs already approve the use of FSTDs for training,\18\
their responsibilities do not extend to the base qualification of the
simulator. Rather, the Training and Simulation Group within the FAA's
Office of Safety Standards is the office of primary responsibility for
FSTD qualification and certification. The FAA Training and Simulation
Group is comprised of aeronautical engineers, aviation safety
inspectors, and analysts who specialize in the highly technical
qualification activities for FSTDs. This existing branch and process
resembles one commenter's suggestion to convene an expert panel with
approving authority. Conversely, POIs and training center program
managers (TCPM) maintain expertise in ensuring certificate holders
apply appropriate regulations, policies, and procedures pertaining to
use of the FSTD for training rather than the evaluation, approval, and
oversight of QPS specifications. Where the Training and Simulation
Group qualifies and assigns a specific level of qualification to the
FSTD, the POI approves the FSTD for use by a certificate holder for a
specific maneuver, procedure, or crewmember function. Due to the
differing functions, training, and experience of the persons performing
these separate job responsibilities, the FAA declines to expand POI
responsibilities to include FSTD qualification as they do not have the
specialized expertise required for such a duty.
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\18\ FAA Order 8900.1, Vol 3, Ch. 54, Sec. 5.
---------------------------------------------------------------------------
The FAA comprehensively addresses alternate means of compliance and
interim certification in subsequent sections.
2. Use of Deviation Authority
Several commenters stated that the FAA could incorporate powered-
lift into part 60 through the already-existing mechanism of deviation
authority set forth in Sec. 60.15(c)(5). These commenters explained
that the FAA erroneously excluded deviation authority as an option,
indicating that Sec. 60.1 gives the Administrator authority to
designate an appendix as applicable to a powered-lift and then to
utilize deviation authority to amend that designation. Other
commenters, such as GAMA, expressed concern that the FAA had previously
approved part 60 deviations for FSTD projects, and the new proposed
process could result in regulatory risk and might delay these projects.
The FAA acknowledges that some commenters believe there already
exists a path to powered-lift FSTD qualification through part 60
deviation authority. However, the NPRM preamble explained why Sec.
60.15(c)(5) deviation authority is inapplicable; the FAA maintains this
position. Section 60.15(c)(5) states that an FSTD sponsor or
manufacturer may submit a request for approval of a deviation from the
QPS requirements as defined in appendices A through D to part 60. Thus,
the deviation authority is explicitly applicable to the already
existing appendices for airplanes and helicopters only. To further
support this narrowly scoped authority, as explained in the preamble to
the final rule adopting Sec. 60.15(c)(5), the FAA added deviation
authority to allow for FSTD sponsors to deviate from technical
requirements in the part 60 QPS.\19\ Deviation may only be considered
from minimum requirements tables, objective testing tables, the
functions and subjecting testing tables, and other supporting tables
and requirements in the part 60 QPS.\20\ Therefore, the deviation
authority was never intended to be utilized to create a brand new QPS
for a new class of aircraft, nor does the plain language of the
regulation support such a use. Rather, deviation authority in Sec.
60.15(c)(5) is utilized for those unique instances where novel airplane
or rotorcraft characteristics do not precisely fit within the common
and technical criteria set forth in the respective appendices or where
a published FSTD standard, such as ICAO Document 9625,\21\ may be
substituted for the part 60 QPS.
---------------------------------------------------------------------------
\19\ Flight Simulation Training Device Qualification Standards
for Extended Envelope and Adverse Weather Event Training Tasks final
rule, 81 FR 18178 (Mar. 30, 2016); corrected at 81 FR 32016 (May 20,
2016).
\20\ Sec. 60.15(c)(5)(ii).
\21\ Manual of Criteria for the Qualification of Flight
Simulation Training Devices--Volume I--Aeroplanes (9625-1).
---------------------------------------------------------------------------
Commenters are correct in noting that the FAA previously issued a
deviation in accordance with Sec. 60.15(c)(5) for a powered-lift FSTD.
Specifically, the FAA approved one deviation for a set of powered-lift
FSTD standards under Sec. 60.15(c)(5) in 2018; however, an FSTD has
not yet been qualified under this
[[Page 92313]]
approved deviation. While the FAA has since determined that the
deviation authority is not the appropriate mechanism to approve FSTD
standards for powered-lift, the FAA intends to work directly with that
operator to facilitate FSTD qualification under this adopted
process.\22\
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\22\ The FAA notes that commenters' concerns regarding
regulatory risk did not include the specific regulations where risk
would exist. As stated, the FAA intends to work directly with the
operator issued a deviation in light of this final rule to avoid any
noncompliance issues.
---------------------------------------------------------------------------
The FAA acknowledges that the adopted SFAR process may result in
less timely decision-making by the FAA as compared to using a deviation
process without public notice and comment. However, what commenters are
proposing would essentially be establishing new standards, because the
existing appendices are not appropriate for these new FSTDs. The
establishment of new standards must comply with the informal rulemaking
requirements of the Administrative Procedure Act. In addition, the FAA
believes that public input will provide value in helping to ensure the
safe and efficient integration of powered-lift into the NAS and that
this regulatory approach is designed to be as broad and open to
innovation as possible without sacrificing safety and effectiveness.
3. Interim FSTD Qualification
Lilium, CAE, NBAA, and others commented on the need for an interim
FSTD qualification process for powered-lift FSTDs and advocated for the
use of engineering/predicted data to support FSTD qualification. Some
commenters urged the FAA to accept the engineering simulations and
predicted engineering data from aircraft OEMs to expedite an interim
qualification process.
Part 60 supports interim FSTD qualifications, which would be
equally applicable in the case of a powered-lift FSTD. Specifically,
Sec. 60.21 sets forth the requirements for the interim qualification
of FSTDs for new aircraft types or models and requires the sponsor to
provide: (1) the aircraft manufacturer's data consisting of at least
predicted data validated by a limited set of flight test data, (2) the
aircraft manufacturer's description of the prediction methodology used
to develop the predicted data, and (3) the Qualification Test Guide
test results.\23\ Because this regulation applies to all aircraft,
interim qualification is an available option to powered-lift FSTDs even
within the alternate qualification framework set forth in the SFAR. As
discussed in the NPRM preamble that adopted Sec. 60.21, the intent of
interim qualification is to facilitate training before final flight
test data is available so the operator can put the aircraft into
service swiftly, while maintaining necessary safety standards.\24\ The
regulation enables the use of the aforementioned predictive and/or
engineering data that meets the reliability parameters set forth in
Sec. 60.21(a) to support interim FSTD qualification and properly
trained flightcrew in accordance with FAA pilot training and
qualification standards. The FAA notes that engineering simulation and
predicted engineering data may be accepted for airplanes and
helicopters as an alternative to flight test data in accordance with
appendices A and C to part 60; however, this concept is not succinctly
applicable to powered-lift interim qualification because powered-lift
and their corresponding FSTDs are new and novel entrants into the
aviation market.
---------------------------------------------------------------------------
\23\ Appendix F to part 60 defines the following terms: flight
test data, predicted data, and qualified test guide.
\24\ Flight Simulation Device Initial and Continuing
Qualification NPRM, 67 FR 60284 (Sept. 25, 2002).
---------------------------------------------------------------------------
Established practice and additional regulatory requirements in
airplane and helicopter QPS clearly require the applicant to
demonstrate past success by providing such data to support FSTD
qualification.\25\ While the SFAR utilizes a non-traditional mechanism
of QPS formation, establishing past success at providing predictive
data that will support FSTD qualification continues to be a necessary
deliverable for interim qualification so pilots will be adequately
trained and checked in an interim qualified FSTD. Particularly with new
and emerging aircraft designs, the FAA anticipates significant
challenges with establishing past success in predicting the behavior of
these aircraft for the purposes of developing real-time simulation
models for pilot training.
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\25\ E.g., ``. . . based on acceptable aeronautical principles
with proven success history and valid outcomes for aerodynamics,
engine operations, avionics operations, flight control applications,
or ground handling,'' appendix A to part 60, Attachment 2,
paragraphs 8 (Additional information about flight simulator
qualification for new or derivative airplanes) and 9 (Engineering
Simulator--Validation Data). See similar language in appendix C,
Attachment 2, Paragraph 9.
---------------------------------------------------------------------------
In sum, new Sec. 194.105 does not prohibit a sponsor or
manufacturer from pursuing interim qualification of an FSTD. The
interim qualification requirements of Sec. 60.21 apply to all
aircraft, including powered-lift. While the FAA predicts challenges in
the accumulation of powered-lift FSTD flight test data sufficient to
meet the requirements for interim qualification, if a sponsor or
manufacturer could meet the standard as set forth in Sec. 60.21(a),
the SFAR does not foreclose interim qualification.
4. Emerging Technological Advances in FSTDs
Several commenters, including AWPC, CAE, Vertical Flight Society,
Advanced Air Mobility Institute, and GAMA, stated that the FAA must
consider new and innovative simulation technologies, such as virtual
reality (VR), extended reality (XR), and mixed reality (MR) systems.
The commenters emphasized that these technologies provide opportunities
for safe, immersive training, as well as offer the potential to
significantly reduce the hardware footprint of an FSTD flightdeck and
visual system. Additionally, the commenters stated that integrating new
and novel technology would reduce associated material cost to the
operator. These commenters urged the FAA to update part 60 to account
for novel technology, use ``acceptability'' standards to account for
novel technology, or use Sec. 61.4(c) to approve the novel devices
that provide comparable fidelity and representation. The Advanced Air
Mobility Institute recommended collaborating with the U.S. Armed Forces
to understand their training regime, which includes desktop avionics
trainers, mixed reality part-task trainer, and common software flight
training devices. ALPA further commented that virtual reality and mixed
reality technologies should only be used after qualification standards
have been established and should not replace the in-aircraft training
or minimum FFS used.
The FAA acknowledges the potential benefit of immersive simulation
technologies like virtual reality, extended reality, and mixed reality
in improving FSTD quality and reducing the overall cost of simulation
for pilot training. In addition to powered-lift FSTDs, the use of
immersive simulation technologies is an issue currently being addressed
by the FAA under existing airplane and helicopter standards. The FAA is
actively working toward encompassing these tools into the qualification
regime for all aircraft, not just powered-lift. Because the current
part 60 standards do not specifically address immersive technologies,
such as virtual reality systems, the FAA recognizes the need to
facilitate these technologies. Additionally, while the current part 60
standards do not yet address the use of such immersive technologies for
FSTDs, this does not necessarily prevent an operator or training
provider from using such
[[Page 92314]]
technologies for training that does not require the use of an FSTD,
such as for classroom instruction or providing flightdeck
familiarization training to prepare students for formal flight
training.
The FAA notes, however, a survey of past research work on virtual
reality systems as applied to pilot training simulators has shown
instances of significant degradation of pilot performance and increased
simulation sickness in virtual reality-equipped simulators.\26\ The FAA
must understand the effectiveness, benefits, and shortcomings of these
systems in conducting pilot training and evaluation before
memorializing FSTD qualification with such systems in part 60, not just
for powered-lift, but for any aircraft. The FAA recognizes that the
aforementioned study likely does not represent the state of the art in
virtual reality systems and that additional study on the latest
advancements is needed. To inform future policy decisions and potential
rulemaking, the FAA recently initiated an immersive simulation research
study \27\ to examine, for example, human factors, potential use cases,
and technical standards for virtual reality and other systems.
Currently, the FAA is engaging with sponsors and manufacturers to work
toward qualification of lower-level helicopter FSTDs with virtual
reality systems, as well as maintaining awareness of EASA's recent FSTD
qualification with a virtual reality system.\28\ In sum, the FAA
remains committed to staying apprised of new and novel technology that
serves as a benefit in pilot training and preparation.
---------------------------------------------------------------------------
\26\ E.g., Oberhauser, M., Dreyer, D., Braunstingl, R., &
Koglbauer, I. (2018). ``What's real about virtual reality flight
simulation? Comparing the fidelity of a virtual reality with a
conventional flight simulation environment.'' Aviation Psychology
and Applied Human Factors, 8(1), 22-34.
\27\ The FAA's Tech Center Acquisition & Grants Division in the
Office of Finance and Management published an RFI to complete a
feasibility assessment and to develop the requirements for Immersive
Flight Simulation CRADA(s) on December 14, 2022, See Government RFI
for Immersive Flight Simulation Cooperative Research and Development
Agreement, available at SAM.gov.
\28\ www.easa.europa.eu/en/downloads/137723/en.
---------------------------------------------------------------------------
Further, the QPS process adopted by this final rule will not
prohibit a manufacturer or sponsor from proposing a QPS that includes
new and novel technologies. For powered-lift FSTDs, applicants may
propose the use of virtual reality systems under the SFAR process,
similar to how airplane and helicopter FSTD manufacturers may propose,
use, or require a deviation to facilitate these systems within their
airplane or helicopter FSTD. Because the FAA has well-established
standards for conventional simulation in appendices A through D to part
60, the applicant must include sufficient supporting data and
justification that the virtual reality-equipped FSTD can satisfactorily
provide relevant fidelity to an equivalent level or better than that of
a conventional FSTD at the same qualification level to facilitate
satisfactory pilot training and checking. In developing this
justification, piloted experiments comparing performance, workload,
simulation sickness, and transfer of training between a virtual reality
FSTD and a conventional FSTD acceptable to the FAA should be
considered.
5. Use of Consensus Standards
SAE International and CAE both urged the FAA to recognize consensus
standards for powered-lift FSTDs when published. As discussed in the
NPRM, the FAA intends to consider consensus standards during the
qualification of powered-lift FSTDs under part 60. The FAA is aware of,
and participates in, certain consensus standards subcommittees tasked
with examining FSTD qualification standards for powered-lift. At the
time of the publication of the NPRM, no publicly available consensus
standards existed to reference; therefore, the FAA declined to include
them as a compulsory basis for qualification. However, under the SFAR
process, an applicant may propose the use of an industry consensus
standard to support the qualification of a powered-lift FSTD.
While the FAA intends to leverage consensus standards as
efficiently as possible for both industry and the FAA, the broad array
of powered-lift features and inability to identify similar operating
characteristics \29\ render a universal approval akin to part 23
consensus standards challenging. However, the FAA intends to review
proposed consensus standards for approval and determine the application
of any necessary conditions or limitations upon availability. Because
the FAA does not currently have a proposed consensus standard to
review, consideration on the applicability of a future consensus
standard will likely initially be made on a project-by-project basis.
If a proprietary consensus standard is submitted for consideration, the
FAA would not publish this standard in full to the Federal Register but
would publish a summary of the proposed action and any applicable
differences or conditions and limitations.
---------------------------------------------------------------------------
\29\ See section V.A.
---------------------------------------------------------------------------
6. Levels of FSTD Qualification
Archer, CAE, VFS, and others commented that there will be a need
for FSTDs other than a Level C or higher FFS. The FAA agrees that many
levels of FSTDs are currently necessary and available for both airplane
and helicopter pilot training, and there will likely be a similar need
for additional FSTD levels for powered-lift pilot training. For FSTD
qualification purposes, Sec. 194.105 will not limit FSTD qualification
to only Level C FFS and above.\30\ Under the FSTD qualification process
in the SFAR, an applicant may propose standards for any FSTD
qualification level in part 60 using the standards in appendices A
through D to part 60 as a baseline. Where an applicant proposes unique
FSTD configurations that are not consistent with established part 60
FSTD appendices, such as with virtual reality-equipped FSTDs or
alternative motion platform, the sponsor or manufacturer must provide
justification and supporting data demonstrating the capability of the
FSTD to conduct approved pilot training and evaluation at the requisite
level of qualification sought.
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\30\ See Section IV.C.6.
---------------------------------------------------------------------------
V. Certification of Powered-Lift Pilots
As outlined in the Executive Summary, the introduction of powered-
lift as a new category of civil aircraft creates unique challenges for
pilot training and certification, particularly when considering the
lack of available certificated powered-lift in which a flight
instructor would conduct flight training and the difficulty in
obtaining flight training itself due to a lack of qualified flight
instructors.
To address these barriers, the FAA finalizes alternate aeronautical
experience requirements and expanded logging provisions, in section
V.F. of this preamble. Additionally, section V.F.6. of this preamble
provides tables summarizing the requirements for pilot certification to
facilitate readability of the alternate experience and logging
provisions.
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
[[Page 92315]]
ratings.\31\ The FAA issues six levels of pilot certificates (student,
sport, recreational, private, commercial, and ATP) and assigns
category, class, and type ratings on each pilot certificate.\32\ To act
as PIC of any aircraft, a person must hold the category, class, and
type rating (if class and type are applicable) on their pilot
certificate.\33\ Part 61 sets forth the requirements (e.g.,
aeronautical experience, practical test) to obtain such certificates
and ratings.
---------------------------------------------------------------------------
\31\ Sec. 61.1(a)(1).
\32\ Sec. 61.5.
\33\ Sec. 61.31(d).
---------------------------------------------------------------------------
Part 1 of 14 CFR, which provides definitions and abbreviations for
Title 14, defines category and class for the purposes of airmen
ratings. Specifically, ``category'' is defined as a broad
classification of aircraft (e.g., airplane, rotorcraft, powered-lift),
while ``class'' is defined as a group of aircraft within a category
having similar operating characteristics (e.g., single engine,
multiengine, helicopter).\34\
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\34\ Sec. 1.1.
---------------------------------------------------------------------------
In 1997, when the FAA established the powered-lift category in part
61, the FAA declined to create powered-lift classes or require type
ratings for powered-lift beyond those established in Sec. 61.31(a)
(i.e., large aircraft or as specified by the Administrator under
aircraft type certificate procedures).\35\
---------------------------------------------------------------------------
\35\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------
During the development of the NPRM, the FAA reconsidered whether
(1) classes of powered-lift could be established and (2) type ratings
should be required. In this final rule, the FAA maintains its position
on the infeasibility of establishing powered-lift classes at this time
and adopts the requirement for the PIC of a powered-lift to hold a type
rating on their pilot certificate. This section briefly discusses the
amendment and responds to comments.
Currently, pursuant to Sec. 61.31(a), a person must hold a type
rating to act as PIC of (1) a large aircraft \36\ (except lighter-than-
air), (2) a turbojet-powered airplane, and (3) other aircraft as
specified by the Administrator through aircraft type certificate
procedures.\37\ 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.\38\ Currently, the FAA's regulatory
framework in part 61 allows for the issuance of a powered-lift category
rating on a pilot certificate and does not specifically require a type
rating to act as PIC of a powered-lift operation (unless a powered-lift
specifically meets one of the parameters in Sec. 61.31(a)).
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\36\ Section 1.1 defines ``large aircraft'' as ``aircraft of
more than 12,500 pounds, maximum certificated takeoff weight.''
\37\ As discussed in the NPRM, FSBs are normally 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 (see Sec. 61.31(a)). Powered-lift will be
evaluated under the existing FSB process by the Aircraft Evaluation
Division, which will determine the requirements for a pilot type
rating and develop training objectives for the type rating.
\38\ Sec. 61.63(d), 61.157(b).
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In the NPRM, the FAA extensively discussed the lack of commonality
between each design of powered-lift.\39\ For example, powered-lift
types are expected to vary in configuration from tilt-wing, tilt-
propeller, lift plus cruise, and tilt plus cruise designs, as well as
varying degrees of automation. Further, powered-lift have unique flight
and handling qualities managed with indirect flight controls, meaning
movement of the inceptor does not directly correlate to the movement of
a specific flight control surface.\40\ The divergence of
characteristics between powered-lift drives, first, the infeasibility
to create classes because there is not a discernable group of similar
operating characteristics with which the FAA can create classes at this
time. Secondly, it drives the need for specific training and testing in
the powered-lift that a PIC intends to operate. Generalized training
requirements based on a broad categorization of powered-lift alone
would not adequately address the unique characteristics and operating
requirements of each individual aircraft.
---------------------------------------------------------------------------
\39\ 88 FR 38946 at 38956 (June 14, 2023).
\40\ 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.
---------------------------------------------------------------------------
Therefore, to 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, the FAA proposed to
require a person who acts as PIC of a powered-lift to hold a type
rating \41\ in new Sec. 61.31(a)(3).\42\
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\41\ The FSB will evaluate each powered-lift on a case-by-case
basis to determine whether the training recommended by the
manufacturer will enable the pilot to safely operate the aircraft in
the NAS. Additionally, the FSB will identify the unique
characteristics of each powered-lift that require special training,
which will be documented in the Flight Standardization Board Report
(FSBR). Subsequently, these findings are utilized to determine the
applicability of tasks within the appropriate powered-lift Airman
Certification Standards for training, testing, and checking.
\42\ The FAA also proposed 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).
---------------------------------------------------------------------------
These proposals necessitated conforming amendments within part 61.
Section 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. 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 proposed to revise 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). The FAA also
determined current Sec. 61.5(b)(7)(iv), which allows for the issuance
of a SIC pilot type rating, does not belong under Sec. 61.5(b)(7).
Section 61.5(b)(7) contains aircraft type ratings; however, a pilot
type rating subject to ``SIC Privileges Only'' is not an ``aircraft''
type rating. To more accurately capture the SIC pilot type rating as a
pilot rating independent of ``aircraft,'' the FAA proposed to relocate
this provision to stand independently in new Sec. 61.5(b)(9).
Comments in Support of a Type Rating
Several commenters expressed support for the FAA's proposal to
require a type rating for each powered-lift a PIC seeks to operate.
AgustaWestland Philadelphia Corporation (AWPC),\43\ BETA, Lilium, and
Joby agreed with the proposed type rating requirement, citing the lack
of commonality between powered-lift designs and their diverse
capabilities. Likewise, ALPA and A4A endorsed the FAA's proposed
approach to require a type rating to recognize the uniqueness of
powered-lift, diversity of aircraft handling characteristics, and
operations relative to evolving aircraft designs. ALPA added that some
reports list over 500 different designs of powered-lift under
manufacturer development and stated that pilots cannot rely on the
transferability of skills between powered-lift types. An individual
commenter noted that, because powered-lift systems are complex and
quite different from one another, pilots should be qualified similarly
to jet type ratings, specifically emergency recovery procedures. HAI
expressed general support for the type rating requirement at this time
but urged a cautious
[[Page 92316]]
approach, as subsequently discussed in this section.
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\43\ AgustaWestland Philadelphia Corporation is a subsidiary of
Leonardo S.p.A Helicopter Division.
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ICAO Recommendation: Powered-Lift Type Rating on Existing Airplane or
Rotorcraft Certificate
While these commenters supported a type rating, many supported the
type rating framework specifically as recommended by ICAO Annex 1,
section 2.1.1.4,\44\ which permits a Licensing Authority to endorse a
type rating for aircraft of the powered-lift category on an airplane or
helicopter pilot license. Commenters supporting this position included:
NATA, CAE, Eve, AWPC, Lilium, BETA, Supernal, the Vertical Flight
Society, ADS Group, Vertical Aerospace Group, FlightSafety
International, AUVSI, Ferrovial Airports, GAMA,\45\ Joby, NBAA,
Aerospace Industries Association, Helicopter Association International,
L3Harris, and EASA.
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\44\ ICAO Annex 1, 14th Ed. (July 2022). ICAO sets forth Section
2.1.1.4 until March 5, 2025.
\45\ GAMA suggested amending part 194 (and revising SFAR
references as appropriate) to say that the appropriate category and
class for powered-lift is that found by the Administrator to be
appropriate, as designated by the type certificate data sheet and
FSB report. GAMA noted there was precedent for this approach when
the FAA provided relief to Wing from Sec. 135.243 rules with
respect to ``appropriate category and class ratings'' for the
operation of its powered-lift unmanned aircraft. See, Exemption No.
18163 issued to Wing Aviation, LLC (Mar. 28, 2019). Since the
issuance of Exemption No. 18163 in 2019, the FAA has determined that
it erroneously tied having a type certificate to the ability to
define the appropriate category, class and type of aircraft. In
actuality, the FAA has the ability to determine definitionally under
14 CFR 1.1 what category and class of aircraft it is. Additionally,
the FAA notes that unmanned aircraft were not contemplated in the
FAA regulations when they were conceived, and that unmanned
operations are unique--autonomy, airspace, capability, people on
board, etc.--and do not fit into the traditional category and class
framework.
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Many commenters supported Sec. 2.1.1.4 on two premises. First,
commenters agreed with the premise that all powered-lift are unique
enough to require a type rating which renders a category rating
unnecessary. Therefore, given the similarity to airplanes and
helicopters, commenters stated that removing the powered-lift category
rating requirement and fully aligning with Sec. 2.1.1.4 in the simple
addition of the powered-lift type rating to an existing airplane or
helicopter certificate would maintain an equivalent level of safety to
the traditional certification framework. Second, commenters stated that
alignment with Sec. 2.1.1.4 would facilitate training and checking in
Level C or higher simulators,\46\ which commenters emphasized would
standardize training and data collection to support continuous training
improvement.
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\46\ Sec. 61.63(d).
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ICAO Annex 1 contains a recommended transitional measure in section
2.1.1.4 that permits a licensing authority to endorse a type rating for
a powered-lift category on an existing airplane or helicopter category
pilot license (i.e., certificate). Application of this optional
transitional measure would require the endorsement of the rating on the
license to indicate that the aircraft is part of the powered-lift
category and the training for the type rating must have been completed
during an approved training course incorporating all relevant aspects
of operating an aircraft of the powered-lift category, taking previous
experience of the applicant into account as appropriate.
Joby stated the FSB operational evaluation process is adaptable
within the type rating framework by providing appropriate consideration
of new technologies or unique training needs, including special
emphasis areas (training requirements) and specific flight
characteristics (checking requirements) unique to a type. Supernal said
ICAO would add category and class ratings at a later date when such
additions could be supported by data. L3Harris posited that once
sufficient experience is gathered, the FAA could reevaluate the
category requirement and implement permanent rules as needed.
GAMA resubmitted the ``GAMA Manufacturer Consensus Recommendations
for the FAA's Powered-Lift Special Federal Aviation Regulation (SFAR)''
providing insights from the powered-lift industry to the FAA regarding
SFAR regulation.\47\ Participants in the letter highly encouraged the
FAA to reconsider the GAMA member consensus initiative aligned with
ICAO,\48\ as it promotes adaptability, harmonization with international
standards, and collaboration with other aviation authorities. The
commenters supported the ICAO guidance as recognizing that pilot
qualification and training shall be based on an aircraft's
capabilities. GAMA further commented that the type rating for powered-
lift should be defined in accordance with FAA's existing Operational
Evaluation Board Process in a manner appropriate for each aircraft. In
sum, given the global nature of the eVTOL industry, GAMA stated
adopting an approach that reflects the ICAO framework is imperative.
The Advanced Air Mobility Institute suggested that harmonization and
coordination with EASA would reduce bureaucratic hurdles and minimize
duplication of efforts. Additionally, the Advanced Air Mobility
Institute asserted that through a joint approach, seamless training and
certification procedures can be facilitated, leading to enhanced
efficiency and benefits for all stakeholders involved.
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\47\ As noted in the NPRM, on July 21, 2022, GAMA submitted a
letter to the FAA providing its recommendations regarding consensus
standards for powered-lift. 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
the recommendations contained in the letter or the contents of the
meeting into consideration while developing the NPRM. GAMA
resubmitted the letter and information related to the listening
session to the docket in response to the NPRM. The FAA has
incorporated responses throughout this preamble appropriate to the
respective subject matter. FAA-2023-1275-0086.
\48\ The FAA interprets GAMA's broad reference to ``ICAO
guidance'' in their comments, subsequently referenced throughout
this preamble, as a reference to ICAO Doc. 10103 and recommendations
in the applicable ICAO Annex.
---------------------------------------------------------------------------
The FAA first notes that the transitional measure is a
recommendation \49\ and not a standard. Under Articles 37 and 38 of the
Chicago Convention, the U.S. is required to comply with ICAO standards
or notify ICAO of differences. However, because section 2.1.1.4 is a
permissive recommendation, the FAA is neither required to comply with
the transitional measure nor file a difference with ICAO when deviating
from recommended practices.
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\49\ 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.
---------------------------------------------------------------------------
As discussed in the NPRM, the FAA duly considered implementation of
section 2.1.1.4 and declined to disrupt FAA's traditional airman
certification framework by the addition of a type rating within a
wholly different aircraft category to an existing certificate with a
different category rating. Since 1997, part 61 has included regulations
for powered-lift pilot and flight instructor certification. The FAA
concedes that those regulations do not adequately address the unique
challenges of introducing a new category of aircraft to civil
operations; therefore, through this SFAR, the FAA chose to facilitate
alternative measures for a pilot to directly receive a powered-lift
category rating and a powered-lift type rating. Similar to the
conditions set forth in ICAO's transitional recommendation, these
alternative measures to receive a powered-lift category and type rating
would be completed during training
[[Page 92317]]
provided under an approved or proposed training curriculum \50\ and
would take previous experience of an applicant in an airplane or
helicopter into account, as appropriate.\51\
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\50\ See Sec. Sec. 194.217, 194.219, 194.221, 194.223, 194.225,
194.227, 194.229, 194.231.
\51\ I.e., by virtue of the proposed eligibility prerequisites
for pilots to utilize the relieving alternate framework that will be
set forth in part 194.
---------------------------------------------------------------------------
The FAA acknowledges commenters' suggestions to more strictly align
with ICAO's recommended transitional measure in section 2.1.1.4,
reiterated in section 955 of the 2024 FAA Reauthorization. The FAA
notes that commenters generally disagreed with the FAA's proposal to
keep the powered-lift as a separate category of aircraft. These
commenters stated that ICAO's standard provides an equivalent or higher
level of safety but failed to provide supporting rationale as to why
the FAA should deviate from its generalized airman certification
framework in existence or how the transitional measure would provide an
equivalent or higher level of safety to meeting the longstanding
aeronautical experience requirements specific to a category of
aircraft. Additionally, the FAA notes that ICAO Annex 1 does not forego
the powered-lift category completely but gives the temporary option of
an alternate means for a member state to implement the powered-lift
category.
The FAA maintains that while powered-lift vary widely within the
respective category, they are essentially a hybrid between an airplane
and a helicopter with a distinct foundational set of
characteristics.\52\ Therefore, assurance of proficiency in those
characteristics is an essential element of airman training that may be
lost if a type rating, with no minimum flight hour or flight training
requirement before testing for such rating,\53\ is simply added to an
existing airplane or helicopter rating, thereby rendering it
impracticable for the FAA to wholly align with ICAO Recommendation
2.1.1.4, as explained throughout this section. While these pilots have
significant prior experience operating in the NAS by virtue of holding
a certificate with an airplane category rating or rotorcraft category,
helicopter class rating, the experience is not tailored to powered-lift
operations (the subsequent section of this preamble explains the FAA's
finding on the value of the category rating).
---------------------------------------------------------------------------
\52\ See 14 CFR 1.1, Powered-lift definition: 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.
\53\ Sec. 61.63(d).
---------------------------------------------------------------------------
The FAA recognizes there is a fine line between a powered-lift
being so unique that none resemble each other, thereby eliminating the
similarities associated with a category of aircraft, and all powered-
lift possessing similar fundamental characteristics such that a
category rating remains essential. The subsequent section discusses
additional comments received on the FAA's proposal to retain the
powered-lift category and the safety benefit of doing so. This preamble
also provides discussion of simulator time in section V.D. of this
preamble.
Value of the Powered-Lift Category
Several commenters discussed the powered-lift category. As
previously stated, the predominant position identified a perceived
inconsistency between the FAA's statements about the uniqueness of
powered-lift to support a universal type rating requirement and those
statements supporting the powered-lift category rating as foundational.
Additionally, commenters discussed the burden and barriers that a
powered-lift category rating requirement would bestow on operators.
CAE, NBAA, and Eve stated that a powered-lift category rating would
create challenges in developing an initial cadre because it would
require an FSB team to spend several months with the manufacturer to
receive training compared to a type rating, which would only require a
few weeks, according to the commenters. Joby and NBAA stated the
category-based approach is potentially unsafe because it could lead to
a negative transfer of skills between aircraft.\54\ Similarly, an
individual commenter noted that pilots of aircraft that operate
primarily in wing-borne flight mode (e.g., F-35, AV-8) may not be
properly trained to fly aircraft that possess the unique aerodynamic
and handling qualities-related effects of aircraft that generate thrust
via proprotors.
---------------------------------------------------------------------------
\54\ The FAA acknowledges difficulties with entry into service
for aircraft with single controls. Section V.D. of this preamble
addresses these challenges.
---------------------------------------------------------------------------
Lilium suggested that, should the FAA maintain the requirement for
a powered-lift category rating, the FAA should credit commercial pilot
and ATP flying experience toward the powered-lift category rating.
Specifically, Lilium stated an approach should focus on powered-lift
type rating specifics with a combined check at the end of training.
Finally, HAI generally expressed that the FAA should credit time logged
in both airplanes and helicopters in the qualification framework.
The FAA considers the aircraft category rating to be a key element
of airman certification for ensuring persons exercising the privileges
of their pilot certificate possess a common level of competency. To be
eligible to obtain a category rating, a person must complete set hours
of flight time and flight training in the category of aircraft.
Moreover, unlike class ratings within a category, a pilot who holds a
category rating and seeks to add a new category to their pilot
certificate must meet all of the flight time and flight training as
would be required for an initial category rating.\55\ Nearly 30 years
ago, the FAA identified the need to establish a new powered-lift
category for emerging technology.\56\ At that time, the FAA explained
that these regulations were necessary to respond to the future needs of
aviation because industry was developing powered-lift and the pilot
certification standards did not adequately reflect the certification
requirements for powered-lift.\57\ Like airplanes and rotorcraft,
modern powered-lift vary significantly in terms of operational
capabilities and complexity. However, like airplanes and rotorcraft,
the FAA has determined that the wide range of current powered-lift in
development share enough design attributes to establish a common
aircraft category and ensure that a new powered-lift pilot has the
necessary aeronautical experience to safely operate that category of
aircraft in the NAS.
---------------------------------------------------------------------------
\55\ Under Sec. 61.63(c)(3), a person who seeks to add a class
rating in the same category of aircraft is not required to complete
the prescriptive flight training requirements for an initial class
rating but rather must only have a logbook or training record
endorsement from an authorized instructor attesting that the person
was found proficient in the appropriate areas of operation. Under
Sec. 61.63(b)(1), a person adding a category rating must complete
all of the aeronautical experience requirements for the certificate
level.
\56\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, NPRM, 60 FR 41160 (Aug. 11, 1995); final
rule, 62 FR 16220 (Apr. 4, 1997).
\57\ 62 FR 16220 at 16230 (Apr. 4, 1997).
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The FAA notes that, for purposes of airman certification, an
aircraft category groups similar aircraft that are designed to produce
lift in a certain way. The characteristics of each category and how it
produces lift lends itself to unique conditions a pilot would
experience exclusive to the category of aircraft being operated.
Powered-lift pilots operating a powered-lift may conduct operations
that are similar to airplanes and helicopters, but the pilot's
experience in either category is unique to that category and would not
(1)
[[Page 92318]]
completely prepare the pilot for what may be encountered in a totally
unique category of aircraft and (2) would not have the same unique
conditions as a result of the production of lift by just wings or
engine or just a rotor system.
Pilots maintain proficiency on specific flight characteristics
based on these differing categories of aircraft (e.g., their unique
production of lift), such that category flight experience is not a
comprehensive fit to another category. For example, unique conditions
specific to only an airplane or only a helicopter include engine
failures and vortex ring state. During a loss of power in a multiengine
airplane, a pilot must be cognizant of the speeds at which they are
flying because a pilot of a multiengine airplane could encounter a loss
of directional control attributed to operations below the airplanes
published VMC.\58\ In a multiengine airplane, operations
below VMC result in a loss of directional control because
the thrust is provided directly by the multiple engines. In a
helicopter, the engines power a drive train that provides thrust
through a rotor system. Since the thrust is not being directly provided
by the engines in a helicopter there is no published VMC.
Therefore, a helicopter would not experience loss of directional
control because of operations below VMC as outlined for a
multiengine airplane. Likewise, a pilot of a helicopter must be
proficient in recovering from a vortex ring state, which is a transient
condition of downward flight in which an aircraft descends through the
air after previously ingested by the rotor system causing portions of
the rotor blade to stall. If not corrected, the pilot experiences
significant descent rates that require immediate intervention unique to
a helicopter.\59\ This condition is the result of the operation of a
helicopter's rotor system producing downwash. As an airplane does not
have a rotor system, this condition would not occur in an airplane.
---------------------------------------------------------------------------
\58\ VMC is a calibrated airspeed at which following
the sudden critical loss of thrust the pilot would still be able to
maintain directional control of the multiengine airplane. See
Airplane Flying Handbook, FAA-H-8083-3C (2021), page 13-2.
\59\ FAA Helicopter Flying Handbook FAA-H-8083-21B at 11-9.
---------------------------------------------------------------------------
These examples are specific to the category of aircraft in which
they are encountered, of which, a powered-lift may or may not ever
experience. Moreover, powered-lift are operationally capable of both
vertical takeoffs and landings as well as horizontal flight. This
increased transitional complexity means an aircraft, while perhaps
having some similar characteristics as an airplane or helicopter, has
very unique and more novel conditions that may arise that would
preclude crediting airplane or rotorcraft hours to count as comparable
experience.
Given these characteristics, a pilot operating a powered-lift must
be proficient in adverse conditions related to both horizontal flight
and vertical take-off and landings (i.e., certain airplane and
helicopter characteristics), as all powered-lift have these
capabilities regardless of the size, and any other powered-lift
specific condition that may arise. A pilot who holds only a pilot
certificate with an airplane category rating would lack proficiency in
vertical takeoffs or landings and wouldn't be familiar with unique
characteristics of flight that may be similar to a helicopter.
Likewise, a pilot who holds a pilot certificate with only a rotorcraft
category with helicopter class rating could lack proficiency in
conditions related to horizontal flight similar to that of an airplane.
Proficiency in both is required for any powered-lift, regardless of
size, that may not be sufficiently covered in type rating training
focused on a specific aircraft rather than universal category-shared
characteristics. Therefore, the FAA disagrees with the notion that
requiring a powered-lift category introduces safety risks into the NAS
and maintains that the foundational characteristics necessitate a
generalized powered-lift category rating.
In making this determination, the FAA also examined the areas of
operation and tasks required to be performed to obtain a powered-lift
category rating versus those required for a powered-lift type rating.
The FAA found that the areas of operation covered when an applicant
takes a practical test for a commercial pilot certificate with a
powered-lift category rating are more expansive and include
foundational concepts and skills necessary to operate any powered-lift
in the NAS. In comparison, the areas of operation that are covered for
a powered-lift type rating tend to be more narrowly tailored to a
particular powered-lift, assuming the applicant would have the
foundational category skills (or be concurrently attaining such
proficiency). For example, broader Areas of Operation (AOO) such as
airport and heliport operations (III), rapid deceleration/quick stop
(AOO VI, Task A), slow flight and stalls (AOO VIII); high altitude
operations (AOO X); and special operations (AOO XI) appear on the
powered-lift category rating test as foundational category
elements,\60\ but are not covered on the powered-lift type rating test,
nor would some of these foundational elements be covered on an airplane
category or rotorcraft category, helicopter class practical test.\61\
Comprehensive proficiency to facilitate safe operations in the NAS must
include these foundational elements, among others set forth in the
applicable ACS, that may be overlooked given a type-rating only
training and practical test.
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\60\ Commercial Pilot for Powered-lift Category ACS (FAA-S-ACS-
2).
\61\ The FAA notes that the Commercial Pilot for Powered-Lift
Category ACS sets forth a table indicating the required tasks for
each area of operation tested in accordance with the ACS for the
addition of a powered-lift category rating to an existing commercial
pilot certificate, which results in an abbreviated test for SFAR
pilots where there is overlap in foundational elements between
categories. For example, pilots who possess a commercial pilot
certificate with an airplane category rating (and any airplane class
rating) are not required to test again on high altitude operations
(AOO X).
---------------------------------------------------------------------------
Additionally, the FAA also notes the practical complexities of
subjective assignment of an aircraft category as suggested by GAMA.
Without a clearly communicated standard under which powered-lift would
be certificated, the regulated community would be at a disadvantage in
(1) lack of advanced notice of certification requirements (e.g., if a
powered-lift was assigned in the airplane category during the type
certification process, but the manufacturer only employed helicopter
pilots), (2) arbitrary determination frameworks (e.g., how close a
powered-lift would be required to align with the helicopters or
rotorcraft to be in that category, whether it was a key system
determination driver, etc.), and (3) potential absence of consistency
in operational requirements (e.g., minimum safe altitude requirements
\62\ and emergency equipment for overwater operations \63\ differ for
helicopters and airplanes).
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\62\ Section 91.119(d) permits a helicopter to operate at less
than the minimums prescribed in Sec. 91.119(b) or (c) provided the
operation is conducted without hazards to persons or property on the
surface and that each person operating the helicopter complies with
any routes or altitudes specifically prescribed by the FAA for
helicopters.
\63\ Sec. Sec. 135.167 and 135.168.
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Joby provided two examples of how the FAA's proposal to maintain a
powered-lift category rating would introduce unanticipated safety
risks. In Joby's first example, a person intends to operate a large,
turbine-engine powered-lift. The individual seeks to meet the
requirements of Sec. 61.129(e)(1) \64\ by
[[Page 92319]]
operating a small powered-lift with a significantly dissimilar pilot
interface, for economic considerations. Joby posits there is a negative
transfer of piloting skills from the operation of the dissimilar
aircraft. In Joby's second example, a person has obtained a powered-
lift instrument rating in a powered-lift with airplane-like controls.
The person then seeks to operate a powered-lift with helicopter-like
controls. When the pilot encounters instrument meteorological
conditions (IMC), they do not have the piloting skills or experience to
operate the aircraft safely or experience negative transfer of pilot
skills from operation of the dissimilar aircraft. Joby stated that the
powered-lift instrument rating may give a pilot the confidence to fly
in IMC when they are not prepared for the piloting task.
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\64\ Section 61.129(e)(1) requires an applicant for a powered-
lift rating at the commercial pilot certificate level to obtain 100
hours of flight time in powered aircraft of which 50 hours must be
in powered-lift.
---------------------------------------------------------------------------
The central safety risk at issue in these two examples is cured by
virtue of a type rating. If a person utilized a small powered-lift to
build time for a powered-lift category rating to eventually fly a
large, turbine-engine powered-lift, they will still be required under
adopted Sec. 61.31(a)(3) to obtain a type rating for the large
powered-lift. The required type rating training and testing for a type
rating intends to cover any operational proficiency gap between
powered-lift types. Similarly, in Joby's second example, the person
will be required to obtain a type rating both in a powered-lift with
airplane-like controls and in a powered-lift with helicopter-like
controls. While the instrument-powered-lift rating is not type-specific
within the powered-lift category,\65\ the type rating, which requires
training and testing, will establish the pilot's proficiency in the
specific aircraft which thereby addresses any possible safety gap.\66\
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\65\ The FAA notes that the instrument rating is, likewise, not
type specific within the airplane category or rotorcraft category,
helicopter class.
\66\ For example, AOO V in the ATP and Type Rating for Powered-
Lift Category ACS requires the applicant to demonstrate certain
instrument procedures.
---------------------------------------------------------------------------
In developing the NPRM, the FAA reconsidered whether to utilize the
long-established powered-lift category as a means to integrate pilot
certification of powered-lift pilots. The FAA determined that enabling
the existing powered-lift category was the most logical means of
establishing an existing cadre of powered-lift pilots without relying
solely on pilots who received certification through existing military
competency provisions. Therefore, the FAA will retain the requirement
to obtain a powered-lift category rating as proposed.
Relatedly, as discussed in the NPRM, the FAA notes that some
powered-lift have been issued special airworthiness certificates for
experimental purposes in accordance with Sec. 21.191 and foresees a
need to continue this kind of certification in the future. In general,
experimental aircraft are not subject to the same airworthiness
standards as those aircraft holding standard airworthiness certificates
(e.g., regulatory design, build, maintenance, and inspection
requirements). In accordance with Sec. 91.319(i), the Administrator
may prescribe additional operating limitations for experimental
aircraft where necessary for safety and risk mitigation with various
hazards inherently introduced by experimental aircraft. 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.\67\ 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.
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\67\ See FAA Order 8130.2J, Appendix D, Table D-1, Operating
Limitations.
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Establishment of Powered-Lift Classes
Some commenters disagreed with the FAA's conclusion that the
creation of powered-lift classes is infeasible at this time. One
individual stated there is potential for different classes within
powered-lift, expressing concern that restricting powered-lift and
pilot designations to only a type within the category could impede
progressive growth. The commenter suggested a basic class structure,
such as a tiltrotor class. Another individual commenter added that it
would be useful to have the option to delineate classes because
powered-lift can have broadly similar characteristics (e.g., utilizing
proprotors for thrust, fly by wire, and similar operating
characteristics and performance).
The FAA contemplated establishment of powered-lift classes both in
the 1997 rulemaking and in this rulemaking. Specifically, similar to
the commenters' suggestions, the FAA considered tilt-rotor, tilt-wing,
ducted fan, and vectored thrust classes. However, the FAA maintains
that, given the lack of certificated powered-lift in the civilian
market, establishing classes of powered-lift is infeasible because the
powered-lift anticipated to enter the civilian market vary in unique
configurations, or possibly a combination of configurations (e.g.,
tilt-wing, tilt-propeller, lift plus cruise, tilt plus cruise). The
purpose of a class is to establish enough commonality of operating
characteristics \68\ and flight controls to allow for pilot skills to
transfer from one aircraft of that class to another.
---------------------------------------------------------------------------
\68\ See 14 CFR 1.1, Class (1).
---------------------------------------------------------------------------
For example, a multiengine airplane possesses ailerons, rudder, and
elevator, all of which are controlled by flight controls in the
flightdeck. Regardless of the make and model of the multiengine
airplane being flown, these lifting surfaces will react similarly to
flight control inputs by the pilot. This commonality of operating
characteristics specific to airplanes allows for the transfer of pilot
skills from one multiengine airplane to another. Additionally, many
multiengine airplanes have feather propellers, propeller
synchronization, fuel crossfeed, and other similar systems that pilots
would recognize when operating a multiengine airplane from a broad
perspective. Moreover, a pilot with proficiency in certain conditions
arising from piloting an airplane with two engines would be similarly
situated across this all-multiengine class of airplanes. For example, a
pilot with a multiengine class rating would understand a published
VMC, which is a calibrated airspeed that is marked on an
airspeed indicator with a blue line, to indicate a critical airspeed a
pilot must avoid if encountering an engine failure regardless of the
multiengine airplane the pilot operates within the class (i.e., a
transfer of skills and knowledge within the common set of
characteristics).\69\ Unlike the multiengine airplane class example,
the FAA is unable to identify commonalities, outside of those category-
based characteristics, that will allow for transfer of pilot skills
from one powered-lift to another within that group with certainty at
this time.
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\69\ For additional information on VMC see the FAA
Airplane Flying Handbook, FAA-H-8083-3C (2021), page 13-2.
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The FAA acknowledges the suggestions of classes by commenters
(e.g., tilt-wing, tilt-propeller, etc.). However, the FAA maintains
that the lack of civilian powered-lift at this time impedes the FAA
determining that common characteristics of two powered-lift overcome
drastically different characteristics in another area. For example,
under the commenter's suggestion, the Bell-Boeing V-22 Osprey
[[Page 92320]]
and the AW609 would be of a common tiltrotor class; yet differences in
inceptor arrangement, motion and effect of flight controls, and
envelope protection strategies would result in substantially deviated
operating characteristics such that a pilot's knowledge, skills, and
proficiency may not transfer.
Therefore, because each powered-lift can have different
configurations, unique inceptors, diversified flight controls, and
complicated and distinctive operating characteristics, which are not
traditionally present in overarching classes of aircraft to such a
degree, the FAA maintains that type ratings best address the
distinctive characteristics. A type rating will ensure the PIC
possesses the requisite training and proficiency on each unique and
central element of the powered-lift, regardless of broad
characteristics that may be shared amongst certain powered-lift
category. The FAA notes that this does not foreclose the possibility
that classes could emerge at a later time.
Type Rating Determination
CAE stated that airman certification through the type rating, as
determined by ICAO, should be tailored to the flight characteristics
for each powered-lift as the aircraft may vary considerably depending
on the aircraft design and the different modes in which they operate.
Additionally, an individual requested that the FAA provide additional
information as to the factors or standards that would be considered for
type rating determinations. Specifically, the commenter asked how
similarities or differences will be evaluated between two powered-lift,
and what criteria will be used to deny or grant a type rating. The
commenter provided a hypothetical, asking whether two powered-lift with
different propulsion systems, control systems, or performance
characteristics would require separate type ratings or whether they
could be covered by a common type rating with differences training.
As discussed in the NPRM, the FAA initiates a Flight
Standardization Board (FSB) during the aircraft certification process
for aircraft that require a type rating. Since each powered-lift will
require a type rating, as set forth by adopted Sec. 61.31(a)(3), an
FSB will be formed to evaluate each powered-lift to make
recommendations for the pilot type rating training (i.e., whether the
training recommended by the manufacturer will enable the pilot to
safely operate the aircraft in the NAS). Should a manufacturer later
introduce a derivative or variant (e.g., model, series) of a type-
certificated aircraft, the FAA will conduct another FSB of the new
aircraft and make recommendations to determine whether certain aircraft
warrant the same type rating and for any differences training and
checking or special training necessary to operate the aircraft in the
NAS. Difference levels specify FAA requirements proportionate to, and
corresponding with, increasing differences between related
aircraft.\70\ These processes apply equally to all aircraft, including
powered-lift. Therefore, in sum, the FAA notes that it is possible that
a common type rating could emerge in the future if a single
manufacturer produced multiple powered-lift sharing similar designs and
operating characteristics; the FAA will procedurally apply the same
steps to powered-lift as is currently implemented for the establishment
of a common type rating.
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\70\ Specifically, the FAA's differences training framework
constitutes five levels, in order of the increasing training and
checking requirements necessary to address the necessary knowledge,
skills, and abilities a pilot must demonstrate as applicable to an
aircraft for which a pilot is already qualified and current during
the initial transition or upgrade training for other related
aircraft at a commercial operator. See AC 120-53, as revised, for
additional information on difference levels.
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As previously discussed, the FAA proposed that all PICs seeking to
operate a powered-lift would be required to receive a type rating. A
type rating is a one-time, permanent endorsement on a pilot certificate
indicating that the holder of the certificate has completed the
appropriate training and testing as required by the applicable section
of the Code of Federal Regulations.\71\ Section 1.1 of 14 CFR provides
the definition of ``type,'' as it pertains to a rating, as a specific
make and basic model of aircraft, including modifications thereto that
do not change its handling or flight characteristics. Therefore, in
some cases, a type rating includes the series of aircraft (e.g., Boeing
747-400), if applicable, and in other cases the type ratings only apply
to one aircraft. The Sec. 1.1 definition of type will apply to
powered-lift as it applies to any other type of aircraft in the
establishment of a type rating. Therefore, if during the type
certification process the FAA determined that a make and basic model of
powered-lift was modified, but to a degree so as not to change its
handling or flight characteristics, that type rating might include the
series of powered-lift. In addition, the FAA has procedures to
establish a common type rating. A ``common type rating'' is a term used
in FSB reports to describe a relationship between type ratings for
aircraft with different type certificates that have no greater than
Level D training differences. For example, the B-757 and the B-767 are
separate type ratings determined to have commonality and, therefore,
have a common type rating.\72\ The type rating for a certificated
aircraft can be determined to be related to another type rating of
another certificated aircraft of the same make provided the aircraft
meet the criteria of the T1 (equivalence) or the T2 (handling
characteristics) and T3 (core pilot skills with no greater than Level D
differences).\73\
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\71\ ``Rating'' is defined in 14 CFR 1.1 as a statement that, as
a part of a certificate, sets forth special conditions, privileges,
or limitations.
\72\ See Flight Standardization Board Report, Revision 11 (12/
07/2020).
\73\ See, Advisory Circular, 120-53, as revised, Guidance for
Conducting and Use of Flight Standardization Board Evaluations
Appendix 1, Definitions and References.
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Opposition to Removal of Sec. 61.5(b)(7)(iii)
Airbus Helicopters expressed concern regarding the proposed
replacement of current Sec. 61.5(b)(7)(iii), which sets forth the
ratings that may be placed on a pilot certificate when an applicant
satisfactorily accomplishes the training and certification requirements
for other aircraft type ratings specified by the Administrator through
the aircraft type certification procedures. Airbus Helicopters stated
that replacing current Sec. 61.5(b)(7)(iii) with ``Powered-lift''
could impact the normal category helicopter requiring a type rating and
is not consistent with the proposal in ``Chapter V.'' \74\ The
commenter proposed replacing the current content of Sec.
61.5(b)(7)(iv) (SIC pilot type rating) with ``powered-lift'' instead.
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\74\ Given the context of the comment, the FAA believes that
commenter intended to refer to the FAA's proposal in the NPRM
preamble (88 FR 38946, June 14, 2023), specifically section V.
Certification of Powered-lift Pilots.
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While the commenter did not clearly describe what consequences may
result from the proposed changes, the FAA disagrees with the commenter
that the proposed language will have consequences on normal category
aircraft. The provisions are simply re-ordered; current Sec.
61.5(b)(7)(iii) will move to paragraph (b)(7)(iv) and current Sec.
61.5(b)(7)(iv) will move to paragraph (b)(9).
Simplified Flight Controls and Advanced Air Mobility
Several commenters raised the topic of AAM \75\ aircraft and
powered-lift with
[[Page 92321]]
simplified flight controls \76\ as it relates to type ratings. HAI
stated that many AAM aircraft will not need type ratings to be operated
safely and that many aircraft used in air taxi \77\ operations today
generally do not require type ratings. HAI recommended a cautious
approach to type ratings when considering aircraft under development to
serve the AAM market, specifically comparing aircraft used in air taxi
operations flying in low altitude, dense urban environments, and
congested airspace, where pilots are not generally required to hold a
type rating.
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\75\ Public Law 17-203 defines the terms ``advanced air
mobility'' and ``AAM'' as ''a transportation system that transports
people and property by air between two points in the United States
using aircraft with advanced technologies, including electric
aircraft or electric vertical take-off and landing aircraft, in both
controlled and uncontrolled airspace.'' Public Law 17-203 (Oct. 17,
2022).
\76\ ``Simplified flight controls'' here has the same meaning as
the proposed definition contained and in the Modernization of
Special Airworthiness Criteria (MOSAIC) NPRM. An aircraft with
simplified flight controls meets three criteria: (1) the pilot can
only control the flight path without direct manipulation of
individual aircraft control surfaces or adjustment of the available
power; (2) the aircraft is designed to prevent loss of control
regardless of pilot input; and (3) the aircraft must have a means of
enabling the pilot to discontinue flight quickly and: safely and the
means by which flight is discontinued is designed to prevent
inadvertent activation. See MOSAIC NPRM: www.federalregister.gov/documents/2023/07/24/2023-14425/modernization-of-special-airworthiness-certification.
\77\ The term ``air taxi,'' as used by this commenter refers to
AAM operations. It is not a reference to operations by an air taxi
operator as defined in 14 CFR 298.3.
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CAE generally echoed HAI's statements regarding AAM. Additionally,
CAE stated that aircraft designs with later introductions to the NAS
might be semi-autonomous and use more of a push-button interface,
simplifying demands on the pilot. CAE cited discussion from the FAA's
recently published NPRM commonly known as MOSAIC, where the FAA
proposed to account for certain aircraft to use simplified flight
controls.\78\ CAE emphasized that this concept could apply to all
aircraft, advancing operations toward uncrewed operations.
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\78\ Modernization of Special Airworthiness Certification NPRM,
88 FR 47650 (July 24, 2023).
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Similarly, AIR VEV disagreed with the type rating proposal as
burdensome, specifically as it would apply to private pilots (discussed
in the following section) operating simple powered-lift that do not
possess complex characteristics and safety risk aspects of existing
aircraft that require a type rating. AIR VEV disagreed with the FAA's
assumption that all manufacturers intend to produce powered-lift for
commercial purposes. Specifically, AIR VEV noted that, as an OEM, they
seek to develop a powered-lift to be utilized for initial pilot
certification at the private pilot certificate level and that their
powered-lift will not possess the same characteristics underlying the
reason for a type rating as currently set forth by Sec. 61.31. AIR VEV
claimed that the type rating requirement is at odds with the MOSAIC
NPRM because this powered-lift rulemaking would require a type rating
for the entire category of light sport aircraft. AIR VEV urged the FAA
to follow the MOSAIC proposal of training and an endorsement for those
powered-lift with simplified flight controls rather than the type
rating requirement.
An individual also supported a case-by-case type rating
determination, citing a variety of autonomous factors including, in
pertinent part: complexity and uniqueness of control laws (CLAWs),
level of automation, control strategies, and ease or difficulty of
recovery from failure modes and automation response to such failures.
The individual stated that most machines employ highly automated flight
controls, which would make it easier for pilots to operate different
powered-lift once they understand the underlying system. The individual
stated that several manufacturers are working on platform-independent
CLAWs that are highly automated and inquired how the FAA would respond
if industry standardization dominated powered-lift designs (e.g., a
single type rating under this commonality).
In the MOSAIC NPRM, the FAA recognized the rapid advancements in
aircraft automation and flight control technology and noted that
interfaces and flight controls may no longer resemble those found in
traditional flight decks specifically in the context of light-sport
aircraft.\79\ Section 1.1 of 14 CFR currently sets forth a definition
for light-sport aircraft; the MOSAIC NPRM proposed to eliminate the
definition in Sec. 1.1 and instead proffer performance-based standards
for aircraft, including powered-lift, to be certificated as light-sport
category aircraft. To commenters' points, MOSAIC proposed Sec. 22.180,
which would facilitate the certification of aircraft designed with
simplified flight controls subject to certain conditions.\80\
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\79\ See 88 FR 47650 (July 24, 2023), see proposed Sec. 22.180.
\80\ Specifically, for an aircraft to be designated as having
simplified flight controls, proposed Sec. 22.180 would require: (1)
the pilot could only control the flight path of the aircraft or
intervene in its operation without direct manipulation of individual
aircraft control surfaces or adjustment of the available power, (2)
the aircraft would be required to be designed to prevent loss of
control, regardless of pilot input, and (3) the aircraft would need
to have a means to enable the pilot to discontinue the flight
quickly and safely. See 88 FR 47674 (July 24, 2023) for additional
discussion.
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Additionally, in the MOSAIC NPRM, the FAA proposed certain part 61
qualification requirements to address pilots and flight instructors
qualified to operate simplified flight control systems. Thus, the FAA
proposed additional training specific to the particular make and model
of aircraft with a simplified flight controls designation to ensure a
pilot would be sufficiently proficient in the operation of that
aircraft. Therefore, the FAA proposed qualification for simplified
flight controls be attained by training and an endorsement and, in some
cases, a practical test. Specifically, MOSAIC would permit any
certificated pilot, regardless of certificate level,\81\ who holds the
appropriate category and class to operate a simplified flight control-
designated aircraft only after receiving the model-specific training
and endorsement from an authorized flight instructor specific to the
safe operation of each simplified flight control designated aircraft.
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\81\ The FAA chose not to consider powered-lift privileges for
sport pilots, given the complexity and ongoing development of
powered-lift designs and associated pilot certification
considerations herein.
---------------------------------------------------------------------------
As stated in the MOSAIC NPRM, simplified flight control designs
will vary from one aircraft to another (i.e., model to model),
necessitating the model-specific training. Similarly, powered-lift will
vary from one aircraft to another (i.e., type to type), regardless of
whether they possess simplified flight controls. Where MOSAIC proposed
to address the variance of simplified flight control handling
characteristics via training and an endorsement, this final rule
requires a type rating of all powered-lift to ensure proficiency in the
aircraft. The FAA finds that applying only a vague amount of training
verified by an endorsement requirement mirroring that proposed in
MOSAIC, as urged by some commenters, would vastly underprepare a pilot
to operate a wholly new category of aircraft. The FAA notes that the
training and endorsement regime proposed by MOSAIC relies on the
premise that a pilot would already hold a pilot certificate in that
specific category. For example, should MOSAIC be finalized as proposed,
a person who holds a sport pilot certificate with rotorcraft-helicopter
simplified flight controls privilege with the model-specific limitation
who seeks to operate another model of rotorcraft-helicopter with
simplified flight controls would complete the training and endorsement
required by the proposal. This scenario is not applicable to the
emergence of a new category of aircraft for commercial,
[[Page 92322]]
passenger-carrying operations such that training and an endorsement
establishes an acceptable level of safety in the NAS.
Furthermore, although many powered-lift coming to market employ
some simplified flight controls, none have currently made it through
the aircraft certification process. Based upon the understanding of the
current industry and market, the FAA maintains that the powered-lift
that are coming to market are sought to be used in commercial
passenger-carrying operations. Considering the FAA's safety
continuum,\82\ a higher expectation of safety exists for commercial
operations with transport aircraft than for a 2- or 4-passenger general
aviation aircraft, such as a light sport aircraft, for a variety of
factors, including, but not limited to, complexity and performance,
number of passengers, risk to persons and property on the ground, risk
assumed by the pilot and flightcrew, and risk assumed by the passenger.
Therefore, a powered-lift with simplified flight controls would still
necessitate training and operational rules applicable to other
similarly situated operators using helicopters and airplanes to achieve
this level of safety (e.g., the level of aeronautical experience,
skill, and knowledge expected of a pilot engaging in commercial
operations).
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\82\ The FAA evaluates hazards and risk, balancing between
safety and societal burden. The FAA then determines its safety
oversight responsibilities considering factors, such as complexity
and performance, number of passengers, risk to people and property
on the ground, risk assumed by the pilot/flightcrew, risk assumed by
the passenger(s), engineering judgment. See www.faa.gov/sites/faa.gov/files/about/office_org/headquarters_offices/avs/AIR_principles.pdf, The Safety Continuum--A Doctrine for
Application, September 2014, FAA Docket No. FAA-2015-1621-0018.
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The FAA agrees that it has established a type rating for purposes
other than are normally considered under Sec. 61.31(a) and recognizes
that a type rating for a private pilot certificate will result in a
dissimilar training footprint for those operators who seek to provide
training at the initial private pilot certificate level (i.e., in
airplanes and helicopters). However, as previously discussed, the FAA
is unable to establish a class of powered-lift at this time and
determined that a type rating is necessary, even at the private pilot
certification level, to carry out the privileges of that certificate.
Additionally, the FAA sought to remove barriers and to ensure pilot
groups training outside of the SFAR could take advantage of the
distance reduction for aeronautical experience at the private pilot
certificate level as discussed in section V.F.4. of this preamble and
does not mandate a private pilot also hold or concurrently obtain an
instrument rating as discussed in section V.F.4. of this preamble to
balance those operational considerations typical of a private pilot.
The FAA seeks to glean data and information from this approach to
inform a future rulemaking. Once a base of pilots emerges via the
flexibility enabled in this SFAR, pilots will be joining the industry
through more conventional means and, if necessary, the FAA will be able
to alter its approach when it pursues permanent regulations.
Miscellaneous Type-Rating Comments
HAI stated that the length of the SFAR, while intended to be
temporary, indirectly creates a permanent type rating requirement
because the implementation cost and company reliance on a 10-year
regulation may not be recovered and may be used to justify the type
rating in perpetuity. The FAA notes that it proposed to permanently
amend Sec. 61.31(a) to include powered-lift as a type rating that a
pilot would need on his or her pilot certificate. Although the FAA is
adopting this permanent change, this doesn't foreclose further
amendments within the time frame of the SFAR. Future advancements in
technology within the lifecycle of the SFAR, or possible emergence of a
class, could prompt the FAA to initiate a rulemaking to enable that
effect.
CAE stated that some powered-lift, particularly those intended for
part 91 operations by private operations,\83\ might not require a type
rating at all because the FSB would determine that no type rating is
necessary. Instead, CAE suggested that the FSB could require
manufacturer-required training, mandated by the AFM, and developed in
accordance with AC 61-137B through existing authority in Sec.
61.31(h), which requires ``type specific'' training and endorsement.
NBAA echoed CAE's comments.
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\83\ By using ``part 91 private operations'' the FAA interprets
the commenter to refer to operations conducted under part 91 by
private pilots.
---------------------------------------------------------------------------
The FAA's intent is to use the SFAR structure to provide enough
time and operational experience to consider whether type ratings will
be necessary for future AAM aircraft. At present, no powered-lift have
obtained the amount of operating experience necessary to provide the
FAA with enough information to justify an alternate approach from that
which was proposed. However, the SFAR structure will provide the FAA
the flexibility to reconsider the type rating approach to certification
in the future after aircraft certification and operational experience
deem it possible to remove the requirement for a type rating without an
adverse effect on operational safety. With respect to CAE's suggestion
for the FSB to require manufacturer-required training utilizing the
authority contain in Sec. 61.31(h) rather than determine the
applicability of a type rating, the FAA disagrees. Using Sec. 61.31(h)
to impose type-specific training requirements for all powered-lift
would result in the imposition of requirements on industry outside the
regulatory process without providing an opportunity for notice and
comment. Furthermore, the FAA disagrees that requiring manufacturer
required training mandated through the powered-lift flight manual would
be an appropriate avenue to require type-specific training. A
manufacturer is free to outline training in an AFM; however, there
would be no regulatory requirement to ensure this training remained in
the respective powered-lift flight manual past initial type
certification. Requiring compliance with a training program in this
manner would be a novel concept requiring FAA approval and oversight,
which was not proposed in this rulemaking. While the FAA notes that
part 91 operations are required to comply with the operating
limitations set forth in the AFM, pursuant to Sec. 91.9(a), the
standing regulations do not require continued compliance or alignment
with training programs or parameters should they be set forth in an
AFM.
Amendment to Sec. 61.31(l)
As discussed, Sec. 61.31 sets forth requirements for type ratings,
additional training, and certain authorizations. Paragraph (l)
specifically provides exceptions to, first, the section as a whole in
Sec. 61.31(l)(1) and, second, the rating limitations of Sec. 61.31(c)
and (d) specifically in Sec. 61.31(l)(2). Currently, Sec. 61.31(l)(1)
excludes operators of aircraft not type-certificated as airplanes,
rotorcraft, gliders, lighter-than-air aircraft, powered-lift, powered
parachutes, or weight-shift-control aircraft from Sec. 61.31
applicability (i.e., the requirement to hold category and class
ratings). 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 FAA determined that 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. Further, the FAA determined the provision could be read
as conflicting with more specific
[[Page 92323]]
exceptions for experimental aircraft in Sec. 61.31(l)(2). Therefore,
the FAA proposed to clarify the intent of this exception in paragraph
(l)(1) by specifying that the section does not require a category and
class rating for operators of aircraft that are not identified as an
aircraft under Sec. 61.5(b). The FAA did not receive comments on this
proposal and adopts Sec. 61.31(l)(1) as proposed with minor non-
substantive edits for clarity.
The FAA further analyzed this revision during the pendency of this
rulemaking and determines that a conforming amendment is necessary to
implement paragraph (l)(1) as intended and as it applies to the
facilitation of powered-lift pilot certification. Many experimental
aircraft have not yet achieved type-certification. As such, prior to
removing the term ``type-certificated'' from paragraph (l)(1), the
category and class exception in that paragraph would have applied to
those experimental aircraft ``not type-certificated.'' Therefore,
pilots utilizing experimental aircraft are excepted from holding a
category and class rating for those aircraft ``not type-certificated''
set forth in current Sec. 61.31(l)(1), provided no other rule or
aircraft operating limitation requires them. The adopted revision to
Sec. 61.31(l)(1) clarifies that pilots of such experimental aircraft
will, indeed, be required to hold category and class ratings, unless
one of the exceptions noted in Sec. 61.31(l)(2) applies. Specific to
experimental aircraft, Sec. 61.31(l)(2)(iii)(B) excepts a person
operating an aircraft under the authority of an experimental
certificate from the rating limitations of Sec. 61.31(c) and (d),
provided the person holds a pilot certificate and no passengers are
carried. Effectively, a certificated pilot could operate without the
relevant category, class, or type, if applicable, provided no
passengers are carried, and provided no other rule or operating
limitation requires them.
One purpose of the SFAR is to develop a pool of rated powered-lift
pilots and instructors. As discussed in section V.F. of this preamble,
test pilots and instructor pilots will operate the experimental
powered-lift to provide the flight training set forth in new part 194.
The FAA reviewed whether the revision to Sec. 61.31(l)(1) could have
an unintended consequence requiring the operator of an experimental
powered-lift to hold category, class, and comply with any other ratings
limitations of Sec. 61.31, adversely impacting the development of the
powered-lift fleet and initial pilot cadre by requiring instructors to
hold a powered-lift category rating to provide flight training.
Specifically, even though the powered-lift will be experimental, it
will still be identified as an aircraft under Sec. 61.5(b) (i.e., a
powered-lift). While Sec. 61.31(l)(2)(iii)(B) states that the rating
limitations of Sec. 61.31(c) and (d) do not apply to the holder of a
pilot certificate when operating an aircraft under the authority of an
experimental certificate, this exception only applies specifically when
the operation does not involve the carriage of passengers.
With the recent publication of the Public Aircraft Logging of
Flight Time, Training in Certain Aircraft Holding Special Airworthiness
Certificates, and Flight Instructor Privileges final rule,\84\ Sec.
61.1(b) now defines ``passenger'' for purposes of part 61 as any person
on board an aircraft other than a crewmember; FAA personnel;
manufacturer personnel required for type certification; or a person
receiving or providing flight training, checking, or testing as
authorized by part 61. The FAA finds it unnecessary to further modify
Sec. 61.31(l)(2)(iii)(B) as it pertains to powered-lift because the
definition of passenger excludes FAA personnel and manufacturer
personnel associated with type certification. The regulation now
explicitly allows these persons to be carried onboard without the PIC
holding category and class ratings because they are onboard the
experimental aircraft for specific purposes, generally to fulfill
regulatory obligations, and possess knowledge of the risks associated
with those purposes (e.g., flight test engineers).\85\ As written,
Sec. 61.31(l)(2)(iii)(B) will continue to enable pilots of
experimental aircraft to operate without holding the relevant category
or class rating in the circumstances previously described. Importantly,
in accordance with Sec. 91.319(i), the Administrator may prescribe
additional limitations to experimental aircraft, including limitations
on the persons that may be carried in the aircraft. These additional
limitations may require pilots to hold category, class, or other
ratings or limitations in certain situations. These additional
limitations are issued as operating limitations at the time of
airworthiness certification of the aircraft and must be complied with,
in accordance with Sec. 91.9.\86\
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\84\ Public Aircraft Logging of Flight Time, Training in Certain
Aircraft Holding Special Airworthiness Certificates, and Flight
Instructor Privileges final rule, 89 FR 80310 (Oct. 2, 2024).
\85\ For purposes of the SFAR, these individuals will be
conducting these official duties in addition to complying with the
SFAR for the purposes of receiving powered-lift ratings as FAA
personnel or manufacturer personnel that are required for type
certification. Definitions of these personnel for the purposes of
this SFAR are further discussed in section V.F.2.i. of this
preamble.
\86\ See Sec. 91.9 Civil aircraft flight manual, marking, and
placard requirements.
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B. Applicability of the Type Rating Requirement to Military Pilots
Currently, Sec. 61.73(a) permits a military pilot or former
military pilot \87\ who meets certain requirements to apply based on
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.\88\ Similarly,
a military instructor pilot or pilot examiner (including a former
instructor pilot and former pilot examiner) may apply for a flight
instructor certificate with appropriate ratings, subject to certain
requirements under Sec. 61.73(g).
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\87\ For purposes of this preamble, references to ``military
pilots'' are inclusive of former U.S. military pilots.
\88\ Military pilots who receive an FAA certificate through
Sec. 61.73 must continue to follow FAA regulations to exercise the
resulting FAA certificate(s) (e.g., recency of experience
requirements in Sec. 61.57).
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The NPRM did not propose any changes to these processes as it
relates to powered-lift; in other words, military pilots with the
appropriate experience and documentation may apply for a commercial
pilot certificate with a powered-lift category rating, an instrument-
powered-lift rating, a powered-lift type rating, and a flight
instructor certificate with powered-lift category and/or instrument-
powered-lift ratings under Sec. 61.73. In fact, currently, the only
FAA-certificated powered-lift pilots are those who have received their
certificates through military competency. However, due to the absence
of any type-certificated powered-lift,\89\ military pilots who have
received an FAA powered-lift category rating are currently limited in
their ability to exercise those privileges in civil operations.
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\89\ At the time of publication of this final rule, the only
powered-lift that have entered civil operations are those issued an
experimental airworthiness certificate. 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.
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ALPA supported the FAA's position that military experience in
powered-lift should not by itself waive the requirement to obtain a
type rating. ALPA also agreed that military pilots should be able to
receive a military equivalent of a commercial powered-lift instrument
certificate, but that experience should not exempt those pilots from
completing the requisite training and certification required for
[[Page 92324]]
civilian pilots for a powered-lift type rating. HAI stated that, if
type ratings are required as proposed, military pilots should be
allowed to obtain that rating for the aircraft the military pilot
operated, or any civilian version of that aircraft, with requisite
civilian pilot training provided by the employer. HAI stated this would
make development of the initial cadre less dependent on manufacturers.
As previously discussed in section V.A. of this preamble, the FAA
will require pilots to hold a type rating for each powered-lift they
fly, which would equally apply to military pilots. Currently, a
military pilot could apply for a type rating for certain aircraft on
the basis of the pilot's military experience, and this final rule does
not change that allowance extended to military pilots seeking to
operate civilian powered-lift. Specifically, an aircraft type rating
may be issued to a military pilot through Sec. 61.73(e) 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 and, therefore, are limited to the
issuance of a powered-lift category rating and an instrument-powered-
lift rating. However, 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. 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.\90\
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\90\ 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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ALPA accurately noted that, as previously explained, the FAA's
current regulatory framework does not restrict a military pilot from
obtaining a powered-lift category rating on a pilot certificate
provided the military pilot meets the requirements set forth in Sec.
61.73. There are no civilian powered-lift to date that have completed
FAA type certification, however, the U.S. Armed Forces maintains and
utilizes powered-lift in military operations (e.g., the Bell-Boeing V-
22 Osprey, McDonnell Douglas AV-8 Harrier, F-35B Lightning II STOVL),
where pilots establish experience operating these powered-lift. Should
these military powered-lift transition into civilian operations and
receive a comparable civilian type designation, the military pilot
could apply to receive that aircraft type rating in accordance with
Sec. 61.73, as supported by HAI. While the FAA does not anticipate
surplus military powered-lift to enter civilian operations during the
period of this SFAR, if such a scenario occurred, the FAA would follow
existing regulations, policies, and procedures to address military
surplus powered-lift as the FAA currently evaluates surplus military
airplanes and rotorcraft.\91\ Specifically, type ratings are designated
for military surplus aircraft with civilian certificate type ratings
through the FSB process, which would evaluate each respective powered-
lift.
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\91\ See FAA Order 8900.1, Volume 5, Chapter 2, Section 19,
Table 5-88.
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Because the allowances in Sec. 61.73 apply equally to powered-lift
as rotorcraft and airplanes and for the reasons previously discussed,
the FAA determined there is no need for changes to military competency
regulations in this final rule.
C. Applicability of the SIC Qualification Requirements of Sec. 61.55
to Powered-Lift
Section 61.55 prescribes the qualifications for a person seeking to
serve as second-in-command (SIC) of certain aircraft,\92\ requiring a
person 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.\93\ Additionally, unless the flight will be conducted as a
domestic flight operation within the U.S. airspace, the person must
hold at least a pilot type rating (SIC Privileges Only) for the
aircraft being flown. Given the diverse characteristics of powered-
lift, 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 and found the SIC qualification requirements of
Sec. 61.55 to be largely sufficient to serve as SIC of a powered-lift
in part 91 operations (excluding operations conducted under subpart K
of part 91).\94\ Specifically, a person seeking to serve as SIC would
be required to hold the appropriate powered-lift category rating on
their pilot certificate and complete familiarization training and
certain pilot time \95\ in the specific type of powered-lift for which
SIC privileges are sought. Additionally, while the experience an SIC
obtains in the powered-lift category may differ from type to type, for
a pilot who has passed the practical test in a powered-lift capable of
performing all the tasks required by the ACS, the existing SIC
familiarization training would ensure persons seeking to act as SIC
would gain sufficient experience operating the specific type of
powered-lift before acting as SIC of that powered-lift. Therefore,
despite adopting the requirement that a powered-lift PIC must hold a
type rating, the FAA maintains in this final rule that 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, except where a pilot
does not receive training in a specific task as subsequently discussed.
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\92\ The SIC qualification requirements 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 an SIC
pilot flight crewmember in part 91 (excluding subpart K of part 91).
\93\ See section V.H.2.i. of this preamble for additional
discussion regarding a powered-lift category and type rating without
an instrument rating. If a pilot held a ``VFR only'' limitation on
their pilot certificate, the pilot could serve as SIC in VFR
operations only.
\94\ The FAA notes that the provisions of Sec. 61.55 would be
applicable to operations conducted in accordance with part 91, while
part 91, subpart K, and part 135 have additional requirements before
a person may serve as a SIC in those operations.
\95\ Section 61.55(b).
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The FAA recognizes that some powered-lift may not be able to
perform all tasks required on the applicable ACS. When this occurs,
proposed Sec. 194.207 of this SFAR would enable an examiner to waive
the task on the practical test. Therefore, a person may obtain a
powered-lift category rating on their pilot certificate, thereby
meeting the requirement in Sec. 61.55(a) to hold at least a private
pilot certificate with the applicable category rating, but not have
performed 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. To ensure an
SIC 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 that task, the FAA proposed new Sec.
61.55(a)(4), which is adopted in this final rule. Specifically, Sec.
61.55(a)(4) will require a person serving as an SIC of a powered-lift
to satisfy the requirements as specified in new Sec. 194.209(a).
Section 194.209(a) will require additional
[[Page 92325]]
training and an endorsement to ensure the person seeking to serve as
SIC of a powered-lift capable of performing tasks that were waived on
the person's practical test (by utilizing a powered-lift precluded from
certain tasks) is trained and found proficient. This amendment is
intended simply to inform all persons seeking to act as SIC of a
powered-lift pursuant to Sec. 61.55 and ensure awareness of the new
temporary requirements and the situation under which they would apply
and is adopted as proposed.
Additionally, Sec. 61.55 provides for the issuance of an SIC pilot
type rating, which is required unless the flight will be conducted as a
domestic flight operation within U.S. airspace. This requirement to
hold the SIC pilot type rating outside U.S. airspace conforms the FAA
pilot type rating requirements to the ICAO pilot type rating
standards.\96\ To obtain the SIC pilot type rating, a person may either
complete the SIC familiarization training Sec. 61.55(b) subject to
certain conditions set forth in Sec. 61.55(d) or may complete certain
SIC training programs or checks as set forth in Sec. 61.55(e). The FAA
did not propose any revisions to this requirement or options to obtain
the pilot type rating, as this rating is required to operate powered-
lift in international airspace as it applies to any other aircraft.
Therefore, this final rule continues to apply the current SIC pilot
type rating requirements of Sec. 61.55 to persons seeking SIC
privileges in a powered-lift.
---------------------------------------------------------------------------
\96\ See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1(b), and
2.1.4.1.1.
---------------------------------------------------------------------------
The FAA received several comments regarding the proposed Sec. Sec.
194.207 and 194.209. HAI noted that SIC pilots would likely not be
needed in operations conducted in many of the AAMs currently under
development. HAI stated that aircraft under 12,500 \97\ with four to
six seats do not require an SIC and additionally referenced that these
aircraft will most likely be flown by part 135 operators required to
provide pilots with training appropriate to the operations.
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\97\ The FAA notes that HAI's comment specifically referred to
``1200'' pounds, however, the FAA believes this was a typo and HAI
intended ``12,500.''
---------------------------------------------------------------------------
The FAA agrees that many anticipated powered-lift operations will
not require an SIC and notes a second pilot is required to operate an
aircraft if (1) the type certificate (TC) for the aircraft requires two
pilots, or (2) an operating rule requires two pilots for the
operation.\98\ The FAA did not propose any new operating requirements
that would create additional scenarios under which a second pilot would
be required to operate a powered-lift other than those already
applicable to all aircraft.
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\98\ The following are operating rules that require a second
pilot: Sec. Sec. 91.5, 91.109(c), 91.189, 91.1049, 135.99, 135.101,
and 135.111. The FAA notes that Sec. 91.531 specifies certain
criteria that would be applicable when a second pilot is required to
operate an airplane.
---------------------------------------------------------------------------
ALPA disagreed that the current SIC requirements of Sec. 61.55
sufficiently ensure safety for powered-lift. ALPA noted that powered-
lift will not be designed to have similar controls or flight
characteristics from type to type and recommended that SICs be type-
rated to ensure required crew members are appropriately trained. ALPA
also stated that only having basic familiarity with the type of
powered-lift for which SIC privileges are sought is an insufficient
safety assurance. Similarly, an individual commenter recommended that
the FAA reserve the right to require SICs to be type-rated on specific
powered-lift based on factors such as complexity, operating
environment, adverse low airspeed handling qualities, and level of
automation.
The FAA maintains that a person seeking to serve as SIC is
sufficiently qualified by way of holding the powered-lift category on
at least a private pilot certificate and completing familiarization in
the specific type of powered-lift for which privileges are sought (and
holding an instrument rating when the flight operates under IFR).
First, because this SFAR enables a person to obtain a commercial pilot
certificate with a powered-lift category rating, the initial pool of
pilots serving as an SIC will hold a higher level of certificate than
that minimum required by Sec. 61.55(a).\99\ Second, the regulations
already account for the possible gap in proficiency with certain
characteristics unique to a type of powered-lift: for example,
operational procedures, performance specifications, and emergency
procedures. Section 61.55(b)(1) requires the person seeking to serve as
SIC of a powered-lift to become familiar with information for the
specific type of powered-lift for which SIC privileges are sought. This
familiarization must include 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, under Sec.
61.55(b)(2), the person would be required to log pilot time in the type
of powered-lift 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.
Given these experience considerations, the FAA does not find a safety
gap to warrant different treatment of powered-lift SICs than SICs for
other categories of aircraft that may differ from type to type, as
well. Therefore, the FAA maintains that the minimum qualifications of
Sec. 61.55(a), which will be exceeded in practice, in tandem with
familiarization training on the particular type of powered-lift will
adequately inform and prepare a pilot to serve as SIC without holding
the specific type rating for the powered-lift.
---------------------------------------------------------------------------
\99\ Additionally, Sec. 194.215(a) requires a person utilizing
the SFAR and relief herein to hold certain non-powered-lift
certificates prior to seeking a powered-lift category and type
rating, which, by virtue of holding the certificates and ratings,
includes the demonstration of certain skills in the NAS such as
communication with ATC services, navigation, weather, communication.
---------------------------------------------------------------------------
The FAA recognizes the scenario where a person could hold a
commercial pilot certificate with a powered-lift category and type
rating for an aircraft that cannot perform certain maneuvers and seeks
to serve as SIC of a powered-lift that is capable of performing the
tasks that were waived on that person's practical test. In this case,
the FAA does agree a safety gap exists. However, as previously
referenced, the FAA finds that Sec. 194.209(a) as proposed and adopted
herein sufficiently addresses this safety gap. 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) and, therefore, has
not demonstrated proficiency on such task(s) before an examiner, Sec.
194.209(a) will 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. Rather, to
serve as SIC, the person must receive and log ground and flight
training from an authorized instructor on the specific tasks that were
waived, culminating in a logbook or training record endorsement from
the authorized instructor certifying that the person has satisfactorily
demonstrated proficiency in those tasks.\100\ The FAA finds that these
additional requirements combined with the SIC qualification
requirements prescribed in Sec. 61.55 (e.g., familiarization training)
address a
[[Page 92326]]
possible safety gap in differing, new, or absent flight
characteristics.\101\
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\100\ The FAA recommends the authorized instructor utilize the
applicable ACS in determining whether a pilot has demonstrated
proficiency of a task as the ACS specify the approved standard for
tasks under an area of operation.
\101\ Additionally, the PIC, who would hold a type rating,
remains directly responsible for and is the final authority as to
the operation of that powered-lift. 14 CFR 1.1 and Sec. 91.3(a).
---------------------------------------------------------------------------
However, in the NPRM, the FAA identified two instances where a
person seeking to act as SIC should be excepted from the aforementioned
training and endorsement requirements set forth by Sec. 194.209(a).
First, some pilots may seek to obtain multiple type ratings on
their pilot certificate. Under Sec. 194.209(b)(1), a person seeking an
additional type rating could forgo the training and endorsement
requirements described previously 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 in accordance with Sec. 61.43(a). For
example, if a pilot is type-rated in powered-lift A that is not capable
of performing stalls and, therefore, the task was waived during the
pilot's practical test. That pilot then seeks a type rating in powered-
lift B, which is capable of performing stalls and, therefore, the pilot
demonstrates proficiency in that task during the practical test. If the
pilot then seeks to serve as SIC on powered-lift C, which is also
capable of performing stalls, the person would not be required to
receive ground and flight training in accordance with Sec. 194.209(a),
because they will have already demonstrated proficiency on the task
that was initially waived through powered-lift B's type rating
practical test.
The second scenario applies to pilots operating under subpart K of
part 91 and part 135. 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. Under Sec. 135.323, the pilot must receive ground and flight
training in the accompanying type of powered-lift and complete a
competency check under Sec. 135.293 every 12 calendar months.
Similarly, under Sec. 91.1073, each program manager must 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.
In light of the previously discussed waiver authority, without
relief, a situation may arise where a person receives training on the
task that was previously waived on the person's practical test and
subsequently completes a competency check that includes the task.
Therefore, in Sec. 194.209(b)(2), the FAA proposed an exception to the
training and endorsement requirements for those pilots seeking to serve
as an SIC 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.
AWPC identified a situation where application of Sec. 61.55 as
written would not fully enable a pilot to receive training in a
powered-lift type certificated with a minimum crew of two pilots. AWPC
expressed concern that the FAA's position would mean that flight
instruction could not be provided on an aircraft with a minimum crew of
two pilots unless the pilot receiving training already meets the
requirements of Sec. 61.55 by holding a certificate with powered-lift
category and instrument ratings. AWPC stated that the proposed SFAR
should address entry into service for powered-lift that will be type-
certificated with a minimum crew of two pilots and recommended
providing relief to Sec. 61.55 to avoid a scenario where only pilots
qualified through military competency may serve as flightcrew
members.\102\
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\102\ AWPC also emphasized that aligning with ICAO Annex 1
2.1.1.4 recommendation would alleviate the Sec. 61.55 flight
training dilemma. Section V.A. of this preamble addresses AWPC's
ICAO comments, and the FAA trusts the relief adopted by this final
rule, as subsequently discussed, adequately alleviates AWPC's
concerns.
---------------------------------------------------------------------------
The FAA acknowledges the barriers that would be encountered for
flight training in powered-lift type certificated for two pilots
because, while the instructor will hold ratings to serve as PIC, the
person receiving flight training will not have the powered-lift ratings
required by Sec. 61.55(a) to serve as SIC. Under the traditional
airman certification framework, an applicant for a commercial pilot
certificate will already hold the private pilot certificate and ratings
required by Sec. 61.55(a) by having received flight training in (1) an
aircraft that does not require more than one required pilot flight
crewmember, or (2) an aircraft type-certificated for two pilots because
they would hold the private pilot certificate and ratings necessary to
receive the familiarization training that would qualify them as an SIC
under Sec. 61.55.
However, the lack of pilots with a powered-lift category rating at
any certificate level (here, specifically, a private pilot certificate
with a powered-lift category rating) creates a barrier in qualification
as an SIC for any operation involving a powered-lift type certificated
for two pilots, including training flights. The two affected
populations of pilots under the SFAR would be (1) the initial cadre of
pilots receiving flight training at the OEM, and (2) the pilots
receiving training at the approved training program under part 135,
141, or 142. This would not be an issue to test pilots and instructor
pilots because these pilots will be operating an experimental powered-
lift (i.e., not yet type-certificated for two pilots) and will be
authorized to act as required crewmembers in accordance with a letter
of authorization issued by the FAA for the conduct of flights during
the powered-lift type certification process.\103\
---------------------------------------------------------------------------
\103\ This would also not be an issue for FAA test pilots or
aviation safety inspectors, who are added to the alternate SFAR
framework as discussed in section V.F.2.i.d. of this preamble, for
the same reasons.
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The FAA agrees that, without relief, powered-lift type-certificated
for two pilots would only be able to utilize pilots already holding a
commercial pilot certificate with a powered-lift category (and
instrument rating when the flight is under IFR) from the military
competency provisions of Sec. 61.73, largely inapplicable to new
powered-lift pilots engaging in flight training (i.e., those pilots
would already hold powered-lift ratings and, therefore, would not be
engaging in the alternate framework of the SFAR). A lack of relief
would essentially create a barrier to all flight training in powered-
lift type certificated for two pilots for the initial cadre of pilots
receiving training at the OEM and the pilots receiving training at an
approved training program.
Therefore, the FAA finds it necessary to provide relief for the
initial cadre of instructors and pilots receiving training under an
approved training program who are seeking a commercial pilot
certificate with a powered-lift category rating and an instrument-
powered-lift rating in a powered-lift type certificated for more than
one required pilot flight
[[Page 92327]]
crewmember. The SIC requirements were initially codified to ensure
sufficient experience prior to operating sophisticated aircraft,\104\
taking into account the aircraft's specific operating characteristics.
In that codification, the FAA found that the certificate prerequisites
currently set forth in Sec. 61.55(a) sufficiently addressed the
operation of sophisticated aircraft, while the familiarization
requirements of Sec. 61.55(b) sufficiently addressed the aircraft's
specific operating characteristics.\105\ Likewise, the FAA finds that
temporary relief in new Sec. 194.209(c), in tandem with the
mitigations set forth in the training program itself, will sufficiently
address the unfamiliar operating characteristics an applicant would
encounter during flight training in a powered-lift type certificated
for two required flight crewmembers such that the flight maintains a
high degree of safety.
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\104\ At this time of this rulemaking, the SIC requirements
applied only to large airplanes and turbojet powered multiengine
airplanes type certificated for more than one required pilot flight
crewmember. In 1986, the FAA extended the SIC pilot qualifications
to include helicopters type-certificated for more than one required
pilot flight crewmember (51 FR 40692, Nov. 7, 1986), citing the
similar operating complexities of helicopters type certificated for
more than one pilot and higher level of safety provided through
specific training and flight testing of pilots (50 FR 10144, Mar.
13, 1985).
\105\ NPRM, Second-in-command qualifications and pilot-in-
command proficiency checks, 36 FR 5247 (Mar. 18, 1971), adopted in
1972 as a final rule (37 FR 14758). Renumbered from Sec. 61.46 to
Sec. 61.55 in 1973 (38 FR 3161).
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Specifically, new Sec. 194.209(c) will permit applicants receiving
training in a powered-lift in accordance with Sec. Sec. 194.221,
194.223, 194.229, and 194.231 to serve as SIC during those training
flights without meeting the requirements in Sec. 61.55(a)(1), (a)(2),
and (b)(2). In sum, a person receiving flight training under certain
provisions of the SFAR would be excepted from (1) holding a powered-
lift category rating on the person's private pilot certificate, (2)
holding an instrument-powered-lift rating (if the flight is flown under
IFR), and (3) performing and logging flight pilot time in the type of
aircraft or in a flight simulator for which SIC privileges are
requested. However, the applicant would still be expected to meet Sec.
61.55(b)(1) prior to flight time designated as the SIC (i.e., the
training flights), as subsequently discussed.
First, applicants receiving training in accordance with Sec. Sec.
194.221, 194.223, 194.229, and 194.231 must possess the prerequisites
set forth by Sec. 194.215(a) (i.e., at least a commercial pilot
certificate with a category and class rating and the applicable
instrument rating). By virtue of holding a commercial pilot certificate
and an instrument rating, the applicant would possess greater
aeronautical experience than the current requirements set forth in
Sec. 61.55(a), which requires at least a private pilot certificate.
The FAA recognizes that this aeronautical experience will not be in the
applicable category in which the applicant seeks to serve as PIC (i.e.,
the pilot will hold an airplane or helicopter rating on their
commercial pilot certificate but seek to serve as SIC in a powered-
lift). The FAA finds the possibility of a safety gap is mitigated both
by the significantly higher amount of aeronautical experience that a
commercial pilot must attain and standard of proficiency and competency
a commercial pilot must demonstrate on the practical test as opposed to
a private pilot. This includes valuable experience operating in the
NAS, communicating with ATC, interacting with other air traffic, and
acting as PIC of an airplane or helicopter, all of which generally
translate to a degree to the basic duties and responsibilities of a SIC
where other mitigations, subsequently discussed, exist for the purpose
of flight training.
Additionally, under the SFAR, a person must also hold the
corresponding instrument rating as part of the prerequisites in Sec.
194.215(a). Again, the FAA recognizes this will not be the appropriate
instrument rating as set traditionally required to act as SIC if the
flight is flown under IFR as forth in Sec. 61.55(a)(2). However, the
same concept applies insofar as the person will possess experience and
have demonstrated skill operating an airplane or helicopter under IFR.
Further, many of the skill elements a person must demonstrate on the
practical test for the instrument-airplane or instrument-helicopter
exist on the instrument-powered-lift practical test as well. For
example, a person with an existing instrument-airplane or instrument-
helicopter rating is not required to demonstrate any of the tasks under
AOO I, III, or V \106\ on the instrument-powered-lift practical test,
and only demonstrate a limited number of tasks under AOO II and
VII.\107\ Therefore, the FAA finds this foundational level of
instrument experience, in tandem with the other mitigations described
herein, provides a person with sufficient experience to serve as SIC in
a flight training operation for which the person does not hold the
``appropriate'' instrument rating in the powered-lift.
---------------------------------------------------------------------------
\106\ Preflight Preparation, ATC Clearances and Procedures, and
Navigation Systems.
\107\ Preflight Procedures, Emergency Operations.
---------------------------------------------------------------------------
As discussed, Sec. 61.55(b) was implemented to ensure a designated
SIC is sufficiently knowledgeable in the specific operational
characteristics of an aircraft type certificated for more than one
pilot flightcrew member. Specifically, under Sec. 61.55(b), the
applicant would be required to meet the familiarization requirements
set forth under paragraph (b)(1). Additionally, the applicant would be
required to complete the pilot time in the type of powered-lift, or in
a flight simulator representing the type of powered-lift, set forth
under paragraph (b)(2). The pilot time under Sec. 61.55(b)(2) must
include 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. The FAA finds this paragraph (b)(2)
to present a barrier to the flights for the purpose of flight training,
as the applicant cannot be expected to sufficiently demonstrate these
maneuvers before receiving flight training on such maneuvers. Moreover,
the applicant would be actively becoming proficient in these maneuvers
by nature of accomplishing flight training for certification.
Therefore, the person would not be required to meet Sec. 61.55(b)(2).
However, while there are foundational skills and proficiency
elements that translate between the prerequisite ratings and the duties
of an SIC in a powered-lift for the purposes of the narrowly tailored
flight training operations, the FAA finds it crucial for a person to be
adequately familiar with the specific type of powered-lift on which the
person will be serving as SIC. Therefore, to ensure an appropriate
level of safety while simultaneously enabling operators of powered-lift
certificated with more than one required pilot flight crewmember to
train in the aircraft, the FAA will continue to require the person to
meet Sec. 61.55(b)(1). Specifically, before the person may serve as
SIC for flight training in the powered-lift, the person must become
familiar with the information set forth by Sec. 61.55(b)(1)(i) through
(v). The FAA notes that, like the application of Sec. 61.55(b)(1) to
any person seeking to serve as SIC regardless of aircraft, there is no
minimum time or standardized delivery requirement for such
familiarization. For example, because a person would be required to
complete ground training for the powered-lift category rating,\108\ the
person could complete the requisite SIC familiarization as part of the
ground
[[Page 92328]]
training, as long as the subjects in Sec. 61.55(b)(1)(i) through (v)
specific to the powered-lift type to be operated were present.
---------------------------------------------------------------------------
\108\ Sec. Sec. 61.63(b)(1) and 61.125(a).
---------------------------------------------------------------------------
D. Dual Controls Considerations Related to Flight Training and
Supervised Operating Experience
1. Introduction
In the NPRM, the FAA did not propose any relief in the SFAR to the
long-standing requirement that an aircraft must have dual controls for
certain operations.
Section 91.109(a) stipulates that no person may operate a civil
aircraft that is being used for flight instruction unless that aircraft
has fully functioning dual controls.\109\ This requirement is subject
to limited exceptions including (1) manned free balloons \110\ and (2)
instrument flight instruction in an airplane equipped with a single,
functioning throwover control wheel, provided the instructor has
determined that the flight can be conducted safely and the person
manipulating the controls has at least a private pilot certificate with
appropriate category and class ratings.\111\ The prerequisite
certificate and rating requirement ensures the person receiving
instrument flight instruction in the airplane has previously
demonstrated foundational knowledge and proficiency appropriate to the
category and class in the airplane in which training occurs. The
throwover control wheel also provides a means for the authorized
instructor to directly intervene, when necessary, in the interest of
safety.
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\109\ Additionally, Sec. 61.195(g)(1) references the
requirements in Sec. 91.109, stating that a flight instructor must
perform all training from in an aircraft that complies with the
requirements of Sec. 91.109. Further, Sec. 61.195(g)(2) requires
the aircraft that a flight instructor provides flight training for a
pilot certificate or rating issued under part 61 to have at least
two pilot stations and be of the same category, class, and type, if
appropriate, that applies to the pilot certificate or rating sought.
\110\ Sec. 91.109(a)(1).
\111\ Sec. 91.109(a)(2).
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Similarly, an aircraft must have dual controls if it is used to
conduct supervised operating experience under Sec. 61.64(g). Section
61.64 details requirements for certain situations when training or any
portion of a practical test is conducted in an FSTD. Under Sec.
61.64(f), if an applicant for a certificate or rating in a powered-lift
uses an FSTD for any portion of the practical test and does not meet
the experience requirements set forth in Sec. 61.64(e) and does not
complete the specific tasks on the practical test listed in Sec.
61.64(f)(1) in an aircraft, then the applicant's pilot certificate is
issued with a PIC limitation.\112\ Per Sec. 61.64(g), the applicant
may remove the limitation by, in part, completing 25 hours of flight
time in an aircraft of the appropriate category, class (if a class
rating is required), and type for which the limitation applies under
the direct observation of a PIC, termed ``supervised operating
experience'' (SOE). That PIC must hold a category, class (if a class
rating is required), and type rating, without limitations, for the
aircraft in which SOE is being conducted.\113\ While the FAA concedes
there is no explicit regulation requiring an aircraft to be equipped
with dual controls when a pilot is completing the 25 hours of required
flight time in accordance with Sec. 61.64, the PIC observing the
flight is also acting as PIC of the operation and ensuring the safety
of the flight. Therefore, the person observing the flight and acting as
PIC must have access to a set of controls while the applicant is
performing the duties of PIC while under the direct observation of the
acting PIC.
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\112\ The applicant's pilot certificate will be issued with a
limitation that states: ``The [name of the additional type rating]
is subject to pilot in command limitations,'' and the applicant is
restricted from serving as pilot in command in an aircraft of that
type. Sec. 61.64(f)(2).
\113\ Additionally, the applicant must log each flight and the
pilot in command who observed the flight must attest to each flight,
the applicant must obtain the flight time while performing the
duties of pilot in command; and finally, the applicant must present
evidence of the supervised operating experience to a flight
standards office to have the limitation removed. See Sec.
61.64(g)(2),(3), and (4).
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However, as noted in the NPRM, some manufacturers have or intend to
only design powered-lift with a single set of controls. Therefore, the
FAA invited public comment on three specific points: (1) how a flight
instructor would provide flight training in a powered-lift with only a
single set of flight controls without adversely affecting safety; (2)
how an applicant would meet the SOE requirements with a single set of
flight controls in a powered-lift; and (3) how an operator would fully
qualify pilots for air carrier operations in an aircraft without dual
flight controls while meeting the enhanced standard expected of air
carrier operations. Additionally, the FAA requested commenters provide
any relevant data or technical analyses that could assist the FAA in
evaluating the viability of pathways to single set of flight controls.
This section acknowledges comments received and describes the three
alternate pathways that the FAA adopts in this final rule to facilitate
airman certification in a powered-lift with a single functioning
control and single pilot station while upholding safety in the NAS.
2. Summary of Comments Pertaining to Flight Training and Dual Controls
The FAA received many comments pertaining to the situations under
which dual controls are required, as outlined above. The comments
generally opposed the current requirements that have existed for many
decades, and the FAA grouped the comments into the subsequent general
categories. The FAA addresses some comments in the same sections but
finds that the alternates adopted in this final rule sufficiently
address the remainder of comments (e.g., by adopting a commenter's
suggestion in one of the alternate frameworks).
Support for Maintaining Only Dual Controls
ALPA supported the FAA's position in the NPRM pertaining to dual
controls. Specifically, ALPA stated that allowing a pilot to operate an
aircraft in the NAS with a single set of flight controls while
receiving flight instruction in that specific powered-lift would result
in a degradation of safety because the instructor would not have the
ability to take control of the aircraft. While ALPA recognized that the
military trains pilots in single-control configured aircraft, ALPA
emphasized that flight instruction with a single set of controls has
not occurred in any civil capacity. Further, ALPA stated that it is far
too early to consider autonomous systems (e.g., simplified vehicle
operations) as they have not been properly studied or analyzed through
data collection. ALPA stated that existing studies with newly automated
systems show that training must increase to ensure the pilot masters
the use of automation and retains mastery of flying with the different
combinations of automation due to various degrees of automation
failure.
Neutral Over Dual Controls
EASA expressed neither direct support nor direct opposition to the
NPRM's position pertaining to dual controls but provided situational
awareness of their own regulations. Specifically, EASA stated that,
according to the European requirements and standards for trainers,
trainers require primary flight controls that are easily accessible by
the student pilot and the instructor. EASA stated this may either be
via dual controls or through a center control stick.
[[Page 92329]]
Align With ICAO Annex 1, 2.1.1.4
Many commenters urged the FAA to align with ICAO Annex 1,
recommendation 2.1.1.4. Commenters, including GAMA, Eve, and L3Harris,
stated this alignment with ICAO would eliminate the requirement for
dual controls because the dual controls requirement is directly related
to flight training requirements to achieve a powered-lift category
rating and an instrument-powered-lift rating. Specifically, commenters
stated that all flight training for the addition of a type rating to a
commercial pilot certificate with an airplane category rating or
rotorcraft category rating with helicopter class rating could be
conducted in a high fidelity FSTD. These commenters further urged the
FAA to acknowledge the aeronautical experience in one category of
aircraft as creditably similar to the experience required for powered-
lift qualifications, citing Sec. Sec. 61.3(e)(3) and 61.159(a)(5)(ii).
As discussed in section V.A. of this preamble, the FAA is not
implementing recommendation 2.1.1.4, which would permit a pilot to add
a powered-lift type rating to an existing commercial pilot certificate
with airplane category rating or rotorcraft category, helicopter class
rating. This final rule maintains the traditional airman certification
framework, even within the SFAR alternate requirements, to hold the
powered-lift category rating. However, the FAA notes that, even if the
FAA did align with the ICAO recommendation, barriers for single
controls powered-lift would persist. Section 91.109 applies to civil
aircraft being used for flight instruction generally; in other words,
Sec. 91.109 is applicable to flight training in the aircraft for a
type rating. The FAA acknowledges that type specific flight training
could occur in an FSTD, pursuant to Sec. 61.31(h), which could
alleviate the dual controls requirement.\114\ However, in the event
there was not yet a qualified FSTD representative of that type of
aircraft, the person would complete their type-specific flight training
in the aircraft, which would fall under Sec. 91.109 requirements
(i.e., a set of fully functioning dual controls). Additionally, a
person who chose to complete the type rating practical test in an FSTD
pursuant to Sec. 61.64 would be required to complete certain
aeronautical experience requirements or complete SOE set forth by Sec.
61.64, which, as discussed in the introduction to this section,
inherently requires a set of dual controls.
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\114\ In this final action the FAA has determined utilizing
Sec. 61.31(h) in which a specific powered-lift would be subject to
type specific training as determined by the FAA (as opposed to
training for a type rating) would not adequately address the
training necessary because of the unique differences inherently
present in powered-lift being developed. Instead, the FAA has
determined in the interest of safety that all powered-lift require a
type rating as outline in adopted Sec. 61.31(a)(3).
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Align With the U.S. Armed Forces' Approach
Commenters urged the FAA to utilize the U.S. Armed Forces' approach
to qualifying pilots in powered-lift through high fidelity simulation,
augmented flight controls, and endorsed solo experience. These
commenters included GAMA, FSI, Archer, AUVSI, and Joby. Many comments
specifically referenced the Department of Defense's F-35 Lightning
Joint Strike Fighter program.\115\ Specifically, commenters stated
that, in the case of the F-35 program, the DoD found that a two-seat
trainer to be unnecessary largely due to the abilities of high-fidelity
simulators. GAMA and Joby urged the FAA to utilize the F-35B training
and readiness manual, NAVMC 3500.118B, as a reference point for
civilian powered-lift training programs.
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\115\ One commenter specifically referenced an opinion editorial
article, (www.forbes.com/sites/mikehirschberg/2023/08/10/faa-should-heed-1990s-powered-lift-training-decision/), which discussed two DoD
commissioned studies conducted by the Johns Hopkins University
Applied Physics Laboratory and the Georgia Tech Research Institute.
Both independent studies concluded a single-engine fighter aircraft
could be just as safe as a twin-engine fighter aircraft. The article
further stated that the decisions for the F-35 to have only one seat
and for the program to forgo the development of a dual-seated
trainer for new pilots was due to ``[t]he expense of developing
another variant--a two-seat trainer--was seen as completely
unnecessary due to the high fidelity of flight simulators of the day
and the capabilities of digital fly-by-wire flight controls.'' The
author asserted the FAA could allow the same practice for civilian
powered-lift without compromising safety.
---------------------------------------------------------------------------
One individual commenter recognized the military's development of
``T'' version aircraft: single-seat aircraft that have been modified
with two seats and dual flight controls specifically for the purpose of
flight training. The commenter stated that a similar scheme could be
followed for civil powered-lift rather than instituting training
provisions for powered-lift with a single set of controls. Relatedly,
HAI recommended that the FAA implement a performance-based structure
that allows OEMs to develop appropriate training plans using acceptable
methods, including advanced simulation, to meet training and
qualification objectives, and specifically suggested the FAA
collaborate with defense contractors who have already demonstrated the
safety, effectiveness, and cost benefits of single seat aircraft
simulators will yield similar results for OEMs developing powered-lift
for the commercial aviation sector.
The FAA does not find the comparison of military aircraft to a
wholly new category of aircraft to be an equivalent one. Military
aircraft are not designed and built to the same safety standards as an
FAA certificated aircraft. Single-seat, military combat aircraft--with
or without ejection seat systems--are not designed to comply with the
robust statutory or regulatory standards as passenger-carrying aircraft
that receive an FAA type certificate. The DoD operations are inherently
characterized by different safety continuum considerations and
liability thresholds. Additionally, regarding simulator training, the
amount of technology and resources available to DoD differs greatly
from that which is available to the civilian aviation sector.
Specifically, before military pilots begin training on single seat
aircraft or simulators, they traditionally have already received
training and qualification in at least another category of aircraft.
Taking the differences into account, as discussed further in section
V.D.3.ii. of this preamble, the FAA is adopting a similar, though not
identical, approach to that of DoD in this final rule to facilitate
airman certification for powered-lift used in the civil operations.
Full Training and Testing in an FSTD
Commenters including FSI, NBAA, CAE, Archer, Lilium, Supernal, and
Eve overwhelmingly advocated for the concept that pilots could be fully
trained and tested in an approved FSTD; likewise, the Advanced Air
Mobility Institute encouraged the FAA to engage in collaboration with
industry to explore utilization.\116\ \117\ For example, Archer
specifically outlined a program under which the applicant would
complete ground training and all aeronautical experience training in
the FSTD, receive a solo endorsement, and then complete solo time in
the powered-lift. Additionally, ADS recommended that advanced aircraft
technology be considered when developing training requirements for
powered-lift and also
[[Page 92330]]
recommended that the FAA expand its credit of aeronautical experience
in a simulator and subsequently require solo experience to be gained in
the aircraft. Commenters relied on the comparative premise that
training for a type rating may be fully completed in the simulator,
with no time in the type of aircraft itself, which translates to the
FAA's recognition that FSTDs are a commonplace means of delivering
training, particularly as it pertains to abnormal and emergency
situations.
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\116\ Generally, commenters advocated for an alternate pathway
for pilots with the prerequisites as proposed under the SFAR (i.e.,
a commercial pilot certificate with an airplane category rating or
rotorcraft category, helicopter class rating and the corresponding
instrument rating) rather than an ab initio applicant.
\117\ The FAA understands the commenter's phrase of ``buddy box
system'' in this context as two radio systems whereby the control of
the powered-lift could be released to the student and removed from
the student by the instructor with the flick of a switch.
---------------------------------------------------------------------------
In-Aircraft Monitored Training and Related Technology
Commenters including FSI, NBAA, CAE, Lilium, and AUSVI, urged the
FAA to consider innovative technologies outside of a traditional FSTD
that could facilitate in-aircraft training for those powered-lift with
a single set of controls. Specifically, commenters cited artificial
intelligence, virtual reality, mixed reality, augmented reality,
headsets with camera systems, eye tracking technology, aircraft control
movements, and keystroke and touchscreen inputs as options for
instructors to train (for purposes of Sec. 91.109) and supervise (for
purposes of Sec. 61.64) from the ground. Additionally, commenters
stated the instructor could observe from the forward most passenger-
seat, in tandem with the aforementioned remote technologies, for real-
time monitoring. An individual commentor also urged the FAA to consider
capitalizing on remote safety pilot technology or built-in autonomous
systems that are able to swiftly take over full control of the powered-
lift during in-aircraft training sessions. Lilium stated that automated
fly-by-wire systems and advanced flight control laws provide safety
measures and envelope protection enhance situational awareness and
reduces complexity of aircraft. Lilium described these features as
contributing to a safe flight training regime by preventing over-
corrections and stalls, while hands-free hover positioning and altitude
hold capabilities further enhance safety during flight training,
negating the need for dual controls requirements.
Opposition to Dual Control Trainers
Commenters disagreed with the FAA's expectations as stated in the
NPRM that powered-lift manufacturer's develop dual control trainers for
their single control aircraft. Commenters opposed such development,
first, on the grounds that the dual control trainer would not be an
accurate representation of the single control aircraft, which would
present an operational discrepancy when the applicant would move from
the dual control trainer to the actual powered-lift in the NAS.
Additionally, many commenters emphasized that the development of a dual
control trainer would be costly and create significant delays for
manufacturers at this stage of powered-lift progress and certification,
especially after relying on the FAA's original position that powered-
lift would be certificated as airplanes, which held until changed in
2022.\118\ These commenters included FSI, NBAA, CAE, Archer, Eve, HAI,
and the Honorable Jeff Van Drew.
---------------------------------------------------------------------------
\118\ The FAA acknowledges that certain manufacturers were of
the understanding that they would be classified as an airplane.
Commenters expressed that reliance on this position led
manufacturers to believe they would not need dual controls in
powered-lift even for training.
---------------------------------------------------------------------------
3. Alternate Pathways
In light of the overwhelming support for innovative pathways to
facilitate training in powered-lift with a single set of controls, the
FAA analyzed the safety intent of the requirement for dual controls in
flight training and SOE to determine whether nontraditional alternate
pathways could achieve an equivalent level of safety to in-aircraft
training. In this final rule, the FAA adopts three pathways to
accomplishing flight training and SOE for powered-lift with a single
set of controls. This section first explains the FAA's three adopted
alternate pathways. The FAA trusts that these pathways will address the
majority of commenters discrete issues; however, the second part of
this section responds to certain comments that may not be enveloped in
the three alternate pathways.
i. Alternate One: Powered-Lift Equipped With a Single Instantly
Accessible Functioning Flight Control
As previously discussed, Sec. 91.109(a) restricts a person from
operating a civil aircraft that is being used for flight instruction
unless that aircraft has fully functioning dual controls. However,
there are some narrowly tailored exceptions to this restriction: (1) if
the aircraft is a manned free balloon, (2) for the purpose of
instrument flight instruction in an airplane equipped with a single,
functioning throwover control wheel that controls the elevator and
ailerons,\119\ and (3) for the purposes of a flight review under Sec.
61.56 or to obtain recent flight experience or an instrument
proficiency check under Sec. 61.57 in an airplane equipped with a
single, functioning throwover control wheel that controls the elevator
and ailerons.\120\ Dual controls requirements can be traced back to the
inception of the Civil Aviation Regulations in 1938 \121\ and the FAA
instituted the first two exceptions in 1978 to then Sec. 91.21 \122\
in response to a public solicitation for proposals in relation to an
Operations Review Program. The FAA explained that the exceptions were
appropriate in light of numerous exemptions allowing AOPA and the AOPA
Air Safety Foundation to conduct simulated instrument instruction at
flight training clinics using single-engine airplanes equipped with a
single, functioning throwover control. The FAA instituted the third
exception in 2011, again, in response to numerous exemptions that allow
instructors to provide recurrent flight training and simulated flight
training for the purpose of meeting recency of experience requirements
and flight review requirements in airplanes equipped with a single,
functioning throwover control wheel.\123\
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\119\ Pursuant to Sec. 91.109(a)(1) and (2), to utilize this
exception, the instructor must determine that the flight can be
conducted safely and the person manipulating the controls must have
at least a private pilot certificate with appropriate category and
class ratings.
\120\ Pursuant to Sec. 91.109(b), the airplane must also be
equipped with operable rudder pedals at both pilot stations; the
pilot manipulating the controls must be qualified to serve and
serves as PIC during the entire flight; the instructor must be
current and qualified to serve as PIC of the airplane, meet the
requirements of Sec. 61.195(b), and have logged at least 25 hours
of PIC flight time in the make and model of airplane; and the PIC
and instructor have determined the flight can be conducted safely.
\121\ See 14 CFR 20.655 (1938), which stated, in pertinent part,
that ``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 certificate instructor is in full
charge of one set of said controls.''
\122\ General Operating and Flight Rules and Related
Airworthiness Standards and Crewmember Training, 43 FR 46233 (Oct.
5, 1978).
\123\ Pilot in Command Proficiency Check and Other Changes to
the Pilot and Pilot School Certification Rules, 76 FR 54095 (Oct.
31, 2011).
---------------------------------------------------------------------------
Notwithstanding the exception for manned free balloons, these
exceptions share two characteristics. First, the flight instructors
have access to a control such that if there exists a condition
warranting immediate action (e.g., immediately taking the controls to
maneuver the aircraft so as to see and avoid traffic or take controls
to ensure a maneuver does not result in a mishap or exceed an aircraft
limitation), the flight instructor can intervene. Second, in each of
the two exceptions, the applicant pilot possesses a pilot certificate.
In other words, the single, throwover control is considered sufficient
in instances where the person manipulating the controls has
prerequisite certificates and ratings (i.e., foundational aeronautical
experience). Specifically, in the exception under
[[Page 92331]]
Sec. 91.109(a)(1) and (2), the person receiving instrument flight
instruction must have at least a private pilot certificate with
appropriate category and class ratings. Similarly, in the second
exception under Sec. 91.109(b), the person manipulating the controls
is a certificated and rated pilot who is receiving instruction for a
flight review, recent flight experience, or an instrument proficiency
check. These activities are conducted to maintain privileges, not to
obtain them for the first time.
Therefore, the FAA finds extending mirrored relief to that as
provided in Sec. 91.109(a) and (b), and similar to that of EASA,\124\
would not adversely affect safety for pilots seeking certification
under the SFAR (i.e., an instantly accessible, single, functioning
flight control in an aircraft with single controls where two pilots are
seated in the flightdeck of the aircraft). Both prongs of safety
criteria will be met: (1) the powered-lift will have a control such
that the flight instructor can immediately intervene in an emergency
event, as well as maintain the ability to demonstrate a maneuver if
necessary, and (2) the pilots under the SFAR will have at least a
commercial pilot certificate with an airplane category rating or
rotorcraft category rating with helicopter class rating and the
corresponding instrument rating.
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\124\ Pursuant to AMC4 to appendix 6 of EASA regulations, the
airplane used for instrument flight training provided outside an ATO
by an IRI(A) or FI(A) should be fitted with primary flight controls
that are instantly accessible by both the student and the
instructor, for example, dual flight controls or a center control
stick. Additionally, the regulation states that swing-over flight
controls should not be used.
---------------------------------------------------------------------------
Under Sec. 194.253(a)(1), this alternate requirement would be
extended only to those pilots seeking a powered-lift category rating,
powered-lift type rating, and instrument-powered-lift rating under the
SFAR (i.e., those qualified in accordance with Sec. 194.215(a) who are
instructor pilots, test pilots, FAA test pilots, aviation safety
inspectors, the initial cadre of instructors, and pilots receiving
training under an approved training program). Additionally, under new
Sec. 194.253(a)(1)(i) and (ii), the instructor must be an instructor
pilot for the manufacturer of the powered-lift under the manufacturer's
proposed training curriculum or a flight instructor under an approved
training curriculum under part 135, 141, or 142, as applicable.
Under new Sec. 194.253(a)(2), a person may operate a powered-lift
for flight training without fully functioning dual controls provided it
is equipped with a single, functioning control \125\ that is instantly
accessible by both the applicant and the instructor.\126\ As discussed
in the NPRM, some powered-lift are equipped with inceptors, which
encompasses a wide variety of non-traditional pilot controls through
which pilot inputs are managed for the purpose of operating the
powered-lift. The FAA notes that although this alternate pathway
enables powered-lift with one flight control to be used in flight
instruction, the two seats or pilot stations with access to this single
flight control would be evaluated during the aircraft certification
process using the certification standards for pilot stations.
Additionally, instant accessibility means that the person providing the
instruction would be able to take immediate corrective action and full
control of the aircraft from their occupied seat. Finally, the
instructor pilot must determine that the flight can be conducted
safely.
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\125\ The FAA notes this relief is similar to that suggested by
BETA Technologies, who recommended the FAA add additional
requirements to Sec. 91.109 to allow for shared controls for pitch
and roll that may include devices other than control wheels. (A
pilot uses a ``control wheel'' or ``yoke'' to control the attitude
of an aircraft usually in both pitch and roll. Rotating the control
wheel controls the ailerons and the roll axis.) The final rule as
described herein will allow a shared control but does not require
the shared control to be a control wheel device.
\126\ The FAA notes that since both pilots have immediate access
to the control and, therefore, the ability to manipulate the
controls of the powered-lift, if supervised operating experience was
required after a person's practical test via Sec. 61.64
requirements, the aircraft could be used for supervised operating
experience.
---------------------------------------------------------------------------
ii. Alternate Two: Full Flight Simulator (FFS) Training for Powered-
Lift With Single Functioning Controls and a Single Pilot Station
Overview
While an instantly accessible, single, functioning flight control,
including a throwover control, presents a viable option for training in
an aircraft with single controls where two pilots are seated in the
flight deck of the aircraft (i.e., where the control is accessible
through virtue of side-by-side seats), the FAA acknowledges that some
powered-lift will have a single pilot station. This would render the
option of an instantly accessible, single, functioning flight control
as inherently unfeasible. In light of commenters' recommendations for
full qualification through FSTD training and testing, the FAA evaluated
how to facilitate a path for full training and testing in an FFS for a
powered-lift category rating, powered-lift type rating, and instrument-
powered-lift rating, while maintaining an equivalent level of safety to
that of flight training in an aircraft equipped with fully functioning
dual controls (or a single, functioning flight control that is
instantly accessible to both the applicant and the person providing the
flight instruction in their respective pilot station). To ensure an
equivalent level of safety to that of in-aircraft training through this
unconventional training and testing framework, the FAA evaluated six
main factors and mitigations: prior piloting experience, FAA oversight
of training programs, simulator fidelity, demonstration and familiarity
flights, solo flight, and SOE. To this end, the FAA adopts in this
final rule an alternate framework to facilitate training and testing
for a powered-lift category rating, powered-lift type rating, and
instrument-powered-lift rating. This final rule facilitates the
framework through Sec. 194.253(b) and the alternate framework process
in new appendix A to part 194, mirroring a part 141 minimum curriculum
appendix.\127\ The following sections describe the linear framework,
safety considerations, and mitigations to enable training in an FFS
that represents a powered-lift with single controls and a single pilot
station.
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\127\ Specifically, Sec. 141.55 requires training courses to
meet the minimum curriculum requirements in accordance with the
appropriate appendix of part 141. The appendices set forth the
minimum curriculum requirements for that certification course under
part 141 (e.g., eligibility for enrollment, aeronautical knowledge
training, flight training, etc.).
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Applicability and Eligibility
The relief provided in the alternate framework will apply to only
those pilots simultaneously seeking a powered-lift category rating, a
powered-lift type rating, and an instrument-powered-lift rating in a
powered-lift with single fully functioning controls and a single pilot
station. Therefore, while the traditional airman certification approach
under part 61 permits a piecemeal approach for a pilot to obtain a
rating,\128\ this alternate pathway for powered-lift ratings would
require an applicant to train for all three ratings
simultaneously.\129\ Because an
[[Page 92332]]
applicant utilizing this relief would be required to seek the three
ratings simultaneously, Sec. 194.211 inherently would not be
applicable to this population of applicants training and testing via
this alternative in a powered-lift with single controls and equivalent
FSTD.\130\
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\128\ For example, a person seeking an airplane or helicopter
type rating has flexibility to take the type rating practical test
independent of other practical tests and may obtain an instrument
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. Additionally, because there exist airplanes and
helicopters where a type rating is not required, a person could
obtain the category and class ratings independent of a type or
instrument rating.
\129\ See section V.F.3. of this preamble for further discussion
of the FAA`s determination that a powered-lift-instrument rating is
necessary to utilize this pathway.
\130\ Section 194.211 sets forth certain provisions permitting a
person to obtain an initial powered-lift type rating without
concurrently obtaining the instrument-powered-lift rating or an
additional powered-lift type rating with a ``VFR Only'' limitation.
The FAA is not extending the relief contained in Sec. 194.211 to
ensure that applicants utilizing this framework will be able to act
as PIC while completing the cross-country requirements set forth in
appendix A, section 8.(a)(iii).
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This training alternate pertains to the training requirements for
powered-lift originally type certificated with single fully functioning
controls and a single pilot station or a powered-lift undergoing the
type certification process with these features. When opting for this
alternate for initial and add-on ratings in a single flight control
powered-lift, pilots are required to complete additional flight hours
as stipulated in Sec. Sec. 194.253 and 194.255 (e.g., the
familiarization flight, demonstration flight, and supervised operating
experience). As a result, this alternate is not applicable to those
powered-lift originally certificated with dual controls and dual pilot
stations or those with single functioning flight controls and dual
pilot stations. Similarly, this alternate is not applicable to dual
control powered-lift designs that are later altered to a single set of
fully functioning controls and a single pilot station through a
Supplemental Type Certificate (STC) or other means, such as
disconnecting a removable set of controls.
When developing the FFS Training alternative, the FAA considered
the level of experience that a pilot utilizing this alternative should
possess. The FAA has long maintained the position of the importance of
actual aircraft experience when an applicant uses flight simulation for
training and testing, especially as it pertains to ab initio
pilots.\131\ Where an ab initio pilot has little to no experience in an
aircraft in the NAS, the FAA maintains that in-aircraft training and
testing (or required SOE when an applicant accomplishes the entire
practical test in an FFS) is paramount in ensuring pilot proficiency.
Simulation offers many benefits to training, particularly as it relates
to training abnormal and emergency procedures, such as brown or white
out conditions, engine inoperative procedures during critical phases of
flight, and system malfunctions that cannot be safely replicated in
actual flight. However, the actual flight environment requires certain
knowledge and skills and provides experiences that may not be able to
be comprehensively accomplished in a simulator (e.g., the experience of
actually landing on a pinnacle, or conduct a steep approach into a
confined area at night). Additionally, simulator training does not
fully replicate the inflight environment in the flightdeck of an
aircraft, taking into considerations such as realistic ATC
communications, flightdeck distractions, temperature extremes and
noise, unexpected interactions with traffic not communicating with ATC,
or adapting to unexpected weather conditions to the degree expected in
the actual flight environment.
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\131\ E.g., Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers, final rule, 61 FR
34508 (Jul. 2, 1996); Pilot, Flight Instructor, and Pilot School
Certification final rule, 74 FR 42500 (Aug. 21, 2009).
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A pilot utilizing the SFAR will be required to have the
prerequisite certificate and ratings prescribed in Sec. 194.215(a),
which is a commercial pilot certificate with either an airplane
category rating with a single-engine and/or multiengine land or sea
class rating or a rotorcraft category rating with helicopter class
rating, and the corresponding instrument rating.\132\ This requirement
ensures the pilot seeking the powered-lift ratings via this appendix
has extensive exposure to in-aircraft flight training and aircraft
operations within the NAS,\133\ including a variety of operational and
environmental issues that cannot be fully replicated in an FFS.
Additionally, to hold these ratings, the pilot would have demonstrated,
at a minimum, a level of aircraft mastery required to achieve the
commercial pilot certificate and instrument ratings and, therefore, be
certificated at a level that enables them to serve as a pilot for
compensation or hire. Therefore, the FAA has determined that holding
such certificates and ratings will ensure that pilots utilizing the FFS
Training alternative will possess key knowledge, skills, as well as
exposure and experience of operating an aircraft in the NAS, all of
which cannot be fully replicated in a simulator for a pilot that lacks
the required prerequisites for entry in this training alternative.\134\
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\132\ The FAA considered whether a lower certificate level
(i.e., private pilot certificate) would be a viable alternative
minimum level of qualification but finds that a private pilot's
experience through their limited privileges may not adequately
ensure the foundational knowledge, skills, and proficiency such that
the person should bypass in-flight training elements and situational
exposure.
\133\ A pilot seeking an airplane category rating must have at
least 250 hours (190 hours if training at a part 141 pilot school)
and a pilot seeking a rotorcraft category helicopter class rating
must have at least 150 hours to be eligible for a commercial pilot
certificate.
\134\ The FAA notes that there currently exist scenarios where
fully rated pilots in other categories of aircraft with a similar
level of experience as described herein seek to train on an aircraft
with a single set of controls and a single pilot station. The relief
adopted herein is a temporary measure meant to springboard the entry
of a new category of aircraft and sufficient numbers of flight
instructors and pilots to support this industry sector. Moreover,
unlike airplanes and helicopters, the type rating requirement for
each powered-lift creates a unique scenario where a pilot cannot
first obtain category and class ratings before separately seeking a
type rating. One benefit of this SFAR is to collect information and
data to later educate the FAA when contemplating future permanent
amendments for both powered-lift and aircraft in general, including
dual controls requirements.
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In addition to the prerequisites, an important aspect of this
training alternative is the requirement for the training to be
conducted by an FAA-approved program under part 135, 141, or 142. This
ensures the training is conducted via an approved curriculum fostering
quality, standardized training, which results in consistent, highly
effective training. Additionally, these FAA-approved programs have a
higher level of FAA oversight than training that is conducted outside
of an FAA-approved training program. Requiring this training to be
conducted under an approved program enables the FAA to evaluate the
quality of the training and ensure the training course syllabuses are
followed, and it affords the FAA the ability to work with the training
provider to correct deficiencies. Another advantage of an approved
program is that the provider and the FAA can gather data and monitor
trends so that positive adjustments can be made to the program to
ensure a high level of effective training continues to be provided. The
FAA notes that the training curriculum submitted must encompass all the
necessary training for a pilot to obtain a commercial pilot certificate
with powered-lift category rating, an instrument-powered-lift rating,
and type rating for the powered-lift that is being trained on that is
equipped with only a single set of flight controls.
However, under this appendix approach, if a manufacturer is not one
of the certificate holders mentioned, they will not be able to utilize
this provision.\135\ Although this necessitates
[[Page 92333]]
that an OEM become a certificate holder under one of these parts, this
requirement will help ensure the FAA has the necessary tools and
authority to conduct surveillance and gather data on this new and novel
approach to certificating pilots in a single flight control powered-
lift. In this respect, the appendix approach differs from the
provisions set forth in the SFAR for aircraft equipped with dual
controls under the current regulatory framework, which do not
necessarily require a manufacturer to become one of the certificate
holders mentioned. For example, the alternate aeronautical experience
requirements in Sec. Sec. 194.217 and 194.219 may be completed at a
powered-lift manufacturer without the manufacturer having to become a
part 135 operator, part 141 pilot school, or part 142 training center.
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\135\ The FAA has established a Flight Standards Certification
Team (FSCT) to allow for the expedited processing of certifications.
The process to complete certification of a new Air Agency
certificate consists of five phases; Preapplication, Formal
Application, Design Assessment, Performance Assessment, and
Administrative functions in which the FAA combines into three gates.
Gate I consists of the Final Preapplication Statement of Intent and
completion of the Preapplication Meeting. Gate II consists of the
Formal Application and Design Assessment and is allotted 90 days for
completion. Gate III consists of Performance Assessment and
Administration Functions in which the FSCT allots 30 days for
completion. Therefore, if an applicant is prepared, the timeline for
certification would take approximately 120 days to complete.
---------------------------------------------------------------------------
The first two sections of new appendix A to part 194 prescribe
applicability and eligibility provisions in section 1. and 2.,
respectively. Specifically, appendix A, section 1.(a) sets forth the
specific ratings for which a person may utilize the minimum
requirements of the appendix to apply for a pilot training program in a
powered-lift with a single control and a single pilot station and
specifies that the powered-lift must be type certificated, or seeking
type certification, with one set of controls and a single pilot
station. Section 1.(b) requires that a person utilizing the pathway set
forth in the appendix apply for all three ratings simultaneously.
Section 2.(a) sets forth the prerequisite qualification requirements an
applicant must possess as stipulated in Sec. 194.215(a). Finally,
Section 2.(b) requires the training and testing under the appendix to
be provided under a part 135, 141, or 142 approved training program.
Ground Training
Ground training is an integral part of a training program that
ensures an applicant has received the required instruction on the
required aeronautical knowledge areas and has been found competent.
Section 61.63 prescribes the requirements to apply for additional
aircraft category, class, and type ratings other than ratings at the
ATP certification level, and Sec. 61.65 prescribes the requirements to
apply for an instrument rating. A person who applies to add a powered-
lift category and a type rating to a pilot certificate is required to
complete the requisite ground training from an authorized instructor on
the aeronautical knowledge areas specified in Sec. 61.125(b).\136\
Similarly, Sec. 61.65 requires a person to receive and log ground
training from an authorized instructor or accomplish a home-study
course of training on the aeronautical knowledge areas set forth in
Sec. 61.65(b) that apply to the instrument rating sought.\137\ The
appendix will not alter the requirement to receive and log ground
training on the applicable aeronautical knowledge areas, but section
3.(a) of the appendix will require the applicant to complete all the
required ground training, which must be outlined in the certificate
holder's approved training program, prior to starting the simulator
training phase. To ensure a person's competency on the required
aeronautical knowledge areas, including those for the specific powered-
lift type, a person will be required to pass a knowledge check prior to
starting the simulator training phase pursuant to new section 3.(b) of
the appendix. However, because the person would already hold a
commercial pilot certificate and an instrument rating, by virtue of the
prerequisites in Sec. 194.215(a), the person would not be required to
take an FAA knowledge test.\138\ Rather, the knowledge check will be
within the purview of the training program to determine the processes
and procedures (e.g., number of questions, scenario based questions,
etc.) of the knowledge check, but it must comprehensively cover the
required aeronautical knowledge areas. The required knowledge check may
be administered using written or oral questions or a combination of
both written and oral questions, and the outcome of the knowledge check
will be documented in the applicant's training record. The method and
content of a knowledge check must be submitted as part of the required
documentation when a person submits the training program to the FAA for
review and approval. A knowledge check should be similar to a progress
or stage check commonly found in an operator's approved training
program under parts 135, 141, and 142, the intent of which is to ensure
the applicant possesses the foundational aeronautical knowledge of a
specific powered-lift type before commencing the next phase of
simulator training.
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\136\ Sec. 61.63(b)(2).
\137\ Sec. 61.65(a)(3), 61.65(b).
\138\ Sec. Sec. 61.63(b)(4), 61.63(d)(4), 61.65(a)(7).
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Full Flight Simulator Training
In lieu of flight training in an aircraft, section 4. of the
appendix will permit the flight training requirements referenced in
Sec. 194.217 through Sec. 194.235 as well as any other applicable
flight training requirements under part 61 to be accomplished in a
qualified Level C or higher FFS. An operator will be required to submit
their training program to the FAA for approval. The program must
incorporate all the flight training necessary for an eligible applicant
\139\ to receive a powered-lift category, instrument-powered-lift
rating, and type ratings under parts 61 and 194. At a minimum, the
training program must include at least 20 hours \140\ of flight
training in an FFS for the commercial pilot powered-lift category and
15 hours \141\ of flight training in an FFS for the instrument
rating.\142\
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\139\ As noted, only certain pilots will be eligible for this
training under section 2 of the appendix.
\140\ Sec. Sec. 194.217 (b)(1), 194.219(b)(1), 194.221(b)(1)
and 61.129(e)(3).
\141\ Sec. Sec. 194.225(b)(1), 194.227(b)(1), and 61.65(e)(2).
\142\ Of the 35 hours of flight training in the FFS, 15 hours is
creditable toward the 35 hours of PIC flight time required by Sec.
194.216(a). Additionally, the FAA notes that when instrument
training is being logged toward a commercial pilot certificate with
powered-lift category rating, the same training could be
concurrently utilized and log toward the instrument training
requirements required for a powered-lift-instrument rating. See
Legal Interpretation to Ms. Kristine Hartzell- Airline Owners and
Pilots Association (December 17, 2010).
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This FFS training may only commence after the applicant completes
the ground training portion of the training program as set forth by
section 3.(a) of the appendix. As discussed in section V.F.2 of this
preamble, to ensure the applicant receives training in an FFS that
replicates flight in the actual aircraft as closely as possible, the
FFS must be a Level C or higher qualification level. The fidelity, and
therefore qualification level, of the FFS is a vital element of this
alternative method of training since the applicant will receive no
flight training in the aircraft, may not possess a powered-lift
category rating and instrument-powered-lift rating, and will have
little or no prior experience flying this powered-lift type.
Additionally, after the completion of the FFS training phase, the
applicant who is seeking a powered-lift category, powered-lift
instrument rating, and powered-lift type rating concurrently for
[[Page 92334]]
the represented powered-lift, will transition to flight in the actual
aircraft with only single controls and a single pilot station.
Therefore, the applicant must have some experience with a closer degree
of realism of the FFS, which is only characterized at these highest
qualification levels. For those pilots who already possess a powered-
lift category and instrument rating and are seeking only a type rating
for the powered-lift, the required qualification level of the simulator
aligns with established requirements to add a type rating for other
categories of aircraft.
Therefore, as set forth in new section 4.(a) of the appendix, an
applicant seeking all three ratings must complete all the applicable
flight training requirements of Sec. 194.217 through Sec. 194.235,
including the two instrument cross-country flights required by Sec.
194.235, which will be conducted in the FFS, and the applicable flight
training requirements under part 61. However, the cross-country
requirements of Sec. 194.233 will be accomplished during the solo
segment of the training program. At the successful completion of the
FFS training phase, as detailed in the approved training program, and
prior to advancing to the in-aircraft phase, the applicant must
satisfactorily accomplish a check administered by a person authorized
to conduct this check. As set forth in 4.(b) of the appendix, a person
authorized to administer the check can be a check pilot, a training
center evaluator (TCE), an authorized instructor, an instructor pilot,
an FAA aviation safety inspector (ASI), or another person authorized by
the FAA to administer this check. Specifically, the check must consist
of oral questioning and the satisfactory performance of all 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.\143\ Requiring the applicant to demonstrate
the maneuvers and procedures required for the issuance of the rating(s)
ensures the applicant has the knowledge and mastery of controlling the
aircraft prior to advancing to the training segment where flight in the
aircraft without a set of dual controls will occur (i.e., when the
applicant will have full control of the aircraft and the flight
instructor may not have a method by which to intervene). This check
requirement is also important since the applicant will not yet possess
a powered-lift category or instrument rating, thereby possessing no
prior experience flying this powered-lift type in addition to holding
little to no category experience. The successful completion of the FFS
check establishes a 90-day window in which the applicant must
accomplish both the familiarity flight and demonstration flight as
discussed in the following sections.\144\ Failure to complete both the
familiarity flight and demonstration flight within this 90-day
timeframe will require the applicant to return to the FFS and
successfully complete a demonstration of proficiency, of which the
content should include, at a minimum, the maneuvers and tasks contained
in section 10. of appendix A.
---------------------------------------------------------------------------
\143\ As is currently applicable, when an applicant is
concurrently seeking a pilot certificate with instrument and type
ratings, and there are overlapping tasks between the practical tests
the applicant may conduct a task required for the multiple ratings
sought a single time provided the task is performed to the higher
standard. For example, if an applicant seeking a commercial pilot
certificate with instrument-powered-lift rating, and type rating for
the aircraft sought must conduct a precision approach for both the
type rating and instrument rating, the applicant would only need to
demonstrate the task once provided they perform it to the higher
standard.
\144\ Appendix A to part 194, 4.(b), 5.(a) and 6.(a)(4).
---------------------------------------------------------------------------
The FAA notes that because the FFS training would be provided under
a part 135, 141, or 142 approved training program, the applicable
requirements of those parts must also be met. This includes documenting
the training and testing in accordance with the part under which the
training program is offered, pursuant to the regulations within those
parts.
Aircraft Familiarity Flight
The aircraft familiarity flight is the first of two in-flight
training program segments required to transition the applicant from the
FFS training phase to the aircraft training phase of the training
program. Section 5. of the appendix will dictate the requirements of
the aircraft familiarity flight. The purpose of this segment is to
expose the applicant to the operation of the aircraft in actual flight
in the NAS where the authorized instructor must demonstrate all of 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, pursuant to new section 5.(b)(1). Additionally, it
will provide the authorized instructor an opportunity to familiarize
the applicant with the local flight area to include practice areas and
departure airport familiarization. The aircraft familiarity flight must
be accomplished in the aircraft with an instructor piloting the
aircraft with the applicant having unobstructed visual sight of the
controls and the instrumentation, and able to engage in active
communication with the instructor during the entire flight under new
section 5.(b)(2). During the aircraft familiarity flight, if the same
task or maneuver is 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 that same task or maneuver does not have to be demonstrated
more than once. Additionally, tasks or maneuvers that have been waived
in accordance with Sec. 194.207(c) are not required to be demonstrated
(i.e., tasks that the powered-lift physically cannot perform). Pursuant
to new section 5.(c), the aircraft familiarity flight may involve one
or more flights to accomplish a demonstration of all the required
tasks.
After a person completes the aircraft familiarity flight, the
authorized instructor may endorse the applicant in accordance with new
section 5.(d) to act as PIC to accomplish the demonstration flight with
an authorized instructor on board. However, this endorsement will be
valid only for 90 days from the date of the check in the FFS was
completed (i.e., the check in accordance with new section 4.(b) of the
appendix).\145\ This timeframe is because the demonstration flight will
be the first flight that the applicant pilots the actual aircraft in
the NAS for which they do not have a category rating; therefore, the
linear process of flights (proficiency check in FFS, aircraft
familiarity flight, and demonstration flight) must be accomplished in a
timely manner so the proficiency from the FFS training and the
information obtained from the aircraft familiarity flight does not
degrade.
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\145\ The FAA has previously found this time-period to be an
appropriate amount of time between proficiency retention between
training and solo flights and aligns with limitations on student
pilots operating an aircraft in solo flight. See Sec. 61.87(n).
---------------------------------------------------------------------------
Demonstration Flight
The next phase in the training program set forth in the appendix
includes a demonstration flight. The purpose of a demonstration flight
is to enable an authorized instructor to ascertain that an applicant
possesses satisfactory proficiency in the operation of the aircraft to
then act as PIC safely in solo flight. In other words, the FAA finds a
safety gap would exist if the applicant went directly from the FFS to
solo in the aircraft, even with an aircraft familiarity flight because
the applicant
[[Page 92335]]
would have no supervised experience manipulating the controls before
solo flight in the NAS. The demonstration flight under new section
6.(a)(2)(i) will require the applicant to pilot the aircraft and
demonstrate all 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 while an authorized instructor
observes the applicant. During the entire flight, the instructor must
have (1) an unobstructed visual sight of the controls, (2) an
unobstructed visual sight of the instrumentation, and (3) the ability
to engage in active communication with the applicant, pursuant to new
section 6.(a)(2)(ii). Like the aircraft familiarity flight, the
demonstration flight may occur over one flight or multiple flights
under new section 6.(a)(3). Upon successful completion of the
demonstration flight, the instructor may endorse the applicant to act
as PIC of the powered-lift in solo flight, subject to any conditions
and limitations the instructor believes to be warranted.\146\ This
endorsement will be valid for no more than 90 days \147\ from the day
the demonstration flight is successfully completed. These endorsement
requirements will be set forth in new section 6.(a)(4).
---------------------------------------------------------------------------
\146\ For example, the endorsement could be limited to operation
in cross-winds no greater than 8 knots. See Advisory Circular 61-
65H.
\147\ See footnote 139.
---------------------------------------------------------------------------
If the authorized instructor or instructor pilot finds they cannot
endorse the applicant for solo flight, the applicant must acquire
additional training to obtain the necessary solo flight endorsement
within the 90-day window that begins from the successful completion of
the check conducted in the FFS, as detailed in the FFS Training section
above. The training program should have a procedure for determining how
that additional training will occur (e.g., additional FFS simulator
training, repeated familiarity flight, repeated demonstration flight,
etc.) and what items must be retrained.\148\
---------------------------------------------------------------------------
\148\ This approach is no different from what occurs when a
flight instructor determines they cannot provide the necessary two-
month endorsement for a practical test. A person may not proceed
until they obtain the necessary endorsement.
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Lapse in Endorsement To Act as PIC To Accomplish the Demonstration
Flight
If the applicant has not successfully completed the demonstration
flight within 90 days from the day the FFS check was completed, then
the applicant must return to the FFS and successfully complete a
demonstration of proficiency, pursuant to new section 6.(b)(1). This
demonstration of proficiency will not require all 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
to be demonstrated. Instead, under new section 6.(b)(1)(i), the
approved training program should detail the minimum content of the
demonstration of proficiency and should include, at a minimum, the
maneuvers and tasks contained in section 10 of the appendix. The FAA
already has minimum maneuvers and procedures contained in the
regulations that must be completed successfully in order for a person
to be endorsed for solo flight in a powered-lift. The minimum maneuvers
and procedures contained in paragraph 10 of appendix A are those that
the FAA has previously found to be necessary in order for the person to
successfully operate a powered-lift in solo flight. For the training
conducted under appendix A, this baseline of maneuvers and procedures
is adequate to ensure applicants are found to be proficient to operate
a powered-lift in solo flight. An additional mitigation is that the
applicants utilizing this appendix would be already rated at the
commercial pilot certificate level in accordance with Sec. 194.217.
Additionally, the check pilot, TCE, authorized instructor, instructor
pilot, an FAA ASI, or other person authorized by the FAA to administer
this check may add any additional maneuvers or tasks they believe
should be demonstrated by the applicant to ensure the applicant has
retained the proficiency in the powered-lift to continue to the in-
aircraft segments of the training program. The FAA considers these
individuals qualified to administer the demonstration of proficiency
because they have been deemed qualified to conduct the full check
required by 4.(b) of the appendix. A demonstration of proficiency in
the FFS is more appropriate than a repeated in-flight demonstration
flight, to ensure that the trainee is adequately knowledgeable and
proficient in the operation of the aircraft before continuing to
conduct solo operations in the aircraft in the NAS. This is especially
important as the flight instructor does not have the ability to
intervene should an unsafe condition arise. Additionally, using an FFS
for the demonstration of proficiency allows an instructor to provide
additional guidance and training, if necessary, on items the trainee
may require a refresher on due to the length of time since the original
check was completed in the FFS (i.e., more than 90 days).
After the additional demonstration of proficiency, pursuant to new
section 6.(b)(1)(ii), the applicant will be required to engage in
another aircraft familiarity flight in accordance with the requirements
of section 5.(b) of the appendix. Upon successful completion of the
subsequent aircraft familiarity flight, the applicant may receive
another endorsement for the applicant to act as PIC to accomplish the
demonstration flight with an authorized instructor on board under
section 6.(b)(2). This endorsement will be valid for 90 days from the
day the demonstration of proficiency conducted in the FFS was
successfully completed.
Solo Flights
Upon successful completion of the demonstration flight and after
obtaining the endorsement to act as PIC of the powered-lift in solo
flight, the applicant will begin the solo flight segment of the
training program, as set forth in new section 6.(c) of the appendix.
Specifically, the FAA finds that requiring the applicant to complete 20
hours of solo flight in the aircraft will sufficiently ensure the
applicant gains an equivalent level of proficiency as that under
traditional flight training, as subsequently discussed. First, the FAA
notes that under the traditional flight training framework for a
commercial pilot certificate, an applicant is required to obtain only
10 hours of solo flight time under Sec. 61.129(e)(4). The FAA finds
that the solo flight time parameters are equally as vital in this
alternate framework for experience in solo operations integrating the
areas of operation listed in Sec. 61.127(b)(5), night VFR conditions,
and certain takeoffs and landings. However, the FAA recognizes that the
SFAR provides relief to the cross-country solo requirement of Sec.
61.129(e)(4)(i). Therefore, under the appendix, the applicant may
utilize the corresponding alternate provision for the cross-country
time as set forth in Sec. Sec. 194.217 through 194.231, as applicable.
The FAA finds that because the applicant will have completed all
flight training in the FFS rather than receiving exposure to the actual
flight environment, the applicant will be required to obtain another 10
hours of solo flight time. The FAA finds that 10 additional hours of
solo flight time, which must include the maneuvers and
[[Page 92336]]
procedures required for the issuance of the three ratings, is an
appropriate amount of time to expose the pilot to the realistic
operating environment (e.g., weather conditions, air traffic, etc.).
Additionally, because the SFAR reduces the amount of pilot in command
in a powered-lift time from 50 hours to 35 hours \149\ and permits 15
hours of those 35 hours to be attained in an FFS,\150\ by the time the
applicant completes the 20 hours of pilot in command time \151\ in a
powered-lift, they will meet the eligibility requirements to take the
practical test.
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\149\ Sec. 194.216(a).
\150\ Sec. 194.216(b).
\151\ By virtue of being the sole occupant in the powered-lift,
the applicant would be the pilot in command of the powered-lift in
flight. Sec. 61.51(e)(1)(ii).
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Finally, Sec. 194.233, adopted herein, sets forth alternate means
to satisfy the cross-country aeronautical experience requirement for a
commercial pilot certificate with a powered-lift category rating,
specifically prescribed by Sec. 61.129(e)(3)(ii) and (iii) and
(e)(4)(i). Section 194.233 replaces the requirements described in Sec.
61.129(e)(ii) and (iii) and also requires an applicant to conduct an
additional cross-country because of the reduction of the total
straight-line distance from 100 nautical miles to 50 nautical miles.
Although Sec. 194.233(a) requires three cross-countries to be
conducted as flight training, under appendix A, the FAA is requiring
the applicant to conduct all cross-country experience listed in Sec.
194.233 as solo flight in the aircraft. Although these cross-country
flights will be conducted as solo flights, the applicant will already
have conducted cross-country flights in the FFS representing the
powered-lift as required by Sec. 194.235. Therefore, the applicant
will have demonstrated the ability to conduct a cross-country flight in
the FFS and will be adequately prepared to conduct a solo cross-country
in the NAS because of their extensive training in the FFS, and the
prerequisites set forth by Sec. 194.215. Requiring in-aircraft cross-
country flights in the NAS would ensure the applicant is exposed to
items that may not be adequately replicated in an FFS environment, such
as pilotage, dead reckoning, realistic ATC communications, and
unforecast weather events, thereby ensuring the applicant correlates
all previous training in a powered-lift.
Lapse in Endorsement for Solo Flights
The FAA anticipates that applicants will accomplish all the
required solo tasks and flight hours within the initial 90-day
endorsement for the applicant to act as PIC of the powered-lift in solo
flight. However, the FAA recognizes that there may be instances where
an applicant is unable to complete those tasks and flight hours within
the initial 90-day endorsement (e.g., prolonged weather activity). The
FAA identified two distinct scenarios that will require endorsement:
re-endorsement within the 90-day endorsement window and re-endorsement
outside the 90-day endorsement window.
If an applicant identifies that they will be unable to complete
their solo flights within the 90-day time period, but that period has
not fully lapsed yet, the applicant will be required, at a minimum, to
complete a demonstration flight with a check pilot, a TCE, an
authorized instructor, an instructor pilot, an FAA ASI, or another
person authorized by the FAA, as set forth in new section 6.(d)(1).
However, because the 90-day period has not yet lapsed, the applicant
will not be required to demonstrate all maneuvers and procedures
required for issuance of a commercial pilot certificate with the
applicable ratings, as is required of the typical demonstration flight.
Rather, the abbreviated demonstration flight must include at least the
maneuvers and tasks set forth in section 10 of the appendix.\152\
Additionally, the person administering the demonstration flight may
require any other maneuvers or procedures necessary to satisfactorily
ensure the applicant maintains proficiency such that they are qualified
to act as PIC. When the applicant successfully completes of the
abbreviated demonstration flight, the person who administered the
demonstration flight may endorse the applicant again to act as PIC of
the powered-lift in solo flight for a period not to exceed 90 days.
---------------------------------------------------------------------------
\152\ The FAA expects that a certificate holder will detail
these maneuvers and procedures in the appropriate module or lesson
for their submission when seeking approval of their approved
training program incorporating this new method of training.
---------------------------------------------------------------------------
If the 90-day endorsement period has expired, an applicant will
require a re-endorsement to act as PIC of the powered-lift in solo
flight. Because more than 90 days will have lapsed since the applicant
demonstrated proficiency, the FAA finds it is necessary for the
applicant to demonstrate proficiency again before operating the
aircraft in solo flight. Therefore, the applicant will be required to
successfully complete, first, another demonstration of proficiency in
the FFS and, second, another demonstration flight with a person
authorized to administer the demonstration flight on board, as set
forth in new section 6.(d)(2). However, each of these modules may be
abbreviated since the applicant has already completed a full check in
the simulator and a full demonstration flight encompassing the
maneuvers and procedures required for the issuance of the applicable
rating(s). Using an FFS permits the person authorized to administer the
demonstration of proficiency to provide training and allows for the
applicant to regain proficiency, especially if any items are noted for
which the applicant may lack proficiency. Conducting this demonstration
of proficiency in the FFS gives the applicant an opportunity to
practice maneuvers and procedures in an environment where no risk is
posed to the applicant and the person administering the demonstration
of proficiency, should the applicant's proficiency lapse and result in
an unsafe condition without the ability for the instructor to
intervene. As previously stated, demonstration of proficiency in the
FFS must include, at a minimum, the maneuvers and tasks contained in
section 10 of the appendix. Upon successful completion of the
demonstration of proficiency conducted in the FFS, the person
administering the demonstration of proficiency may endorse the
applicant to act as PIC to accomplish the demonstration flight with an
authorized instructor on board. This endorsement will only be valid for
90 days from the day the demonstration of proficiency conducted in the
FFS was successfully completed.\153\ The demonstration flight conducted
in the aircraft must consist of at least the maneuvers and procedures
as outlined in section 10 of the appendix because the applicant will
have already demonstrated base proficiency in the original cycle of
proficiency demonstration and have experienced a refresher through the
demonstration of proficiency in an FFS. If the applicant does not
successfully complete the demonstration flight within 90 days from the
day the demonstration of proficiency in the FFS was completed, then the
cycle would start over again with the applicant completing another
demonstration of proficiency in the FFS. In this specific scenario
(i.e., an expired solo endorsement) the FAA finds that another aircraft
familiarity flight should not be a requirement after a demonstration of
proficiency in the FFS because the applicant would already
[[Page 92337]]
have some operational experience in the aircraft through, first, the
original aircraft familiarity flight and, second, the original
demonstration flight where the applicant demonstrated the applicable
maneuvers and tasks to a person authorized to administer the
demonstration flight. However, this does not preclude an instructor or
a training program from requiring another aircraft familiarity flight
if the training program or instructor determines it necessary in the
interest of safety. Upon successful completion of the demonstration
flight, the person who administered the demonstration flight may
endorse the applicant to act as PIC of the powered-lift in solo flight,
subject to any conditions and limitations the instructor believes are
warranted. This endorsement will be valid for no more than 90 days from
the day the demonstration flight is successfully completed.
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\153\ This is similar to the original linear process of
demonstration of proficiency in the FFS, aircraft familiarity
flight, and demonstration flight, except the applicant will not be
required to complete another aircraft familiarity flight and both
demonstrations may be abbreviated in their content.
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For example, an applicant successfully completes the FFS check on
January 1, 2025, and the applicant then completes the aircraft
familiarity flight on January 15, 2025. Immediately following the
aircraft familiarity flight, the applicant receives the endorsement for
90 days to complete the demonstration flight, which will expire no more
than 90 days from the date of the FFS check. To reiterate, the reason
the 90 days begins on the date of the FFS check is because it is the
date upon which the applicant has last demonstrated proficiency in the
aircraft, as the applicant is just observing another pilot during the
aircraft familiarity flight. Therefore, the person has 90 days from
January 1, 2025, to complete their demonstration flight (i.e., the
applicant acts as PIC while an authorized instructor observes). After
the person satisfactorily completes their demonstration flight, the
applicant will receive another endorsement by the authorized instructor
to act as PIC on a solo flight even though the pilot is not
appropriately rated.
This endorsement starts a new 90-day clock to complete the solo
flight time requirements. Thus, suppose the applicant successfully
completes the demonstration flight on February 1, 2025, and receives
the endorsement to facilitate the solo flights. On April 25, 2025, the
applicant realizes that completing the solo flights before May 2, 2025,
(90 days from February 1, 2025) is unattainable. The applicant may
complete an abbreviated demonstration flight with an authorized
instructor, to include the maneuvers and tasks set forth by section 10.
of the appendix because the original 90 days has not expired. The
applicant will then receive another 90-day endorsement to complete the
solo flights. Conversely, suppose the applicant does not complete the
solo flights before May 2, 2025, and realizes such on May 10, 2025. The
applicant will be required to successfully complete both an abbreviated
demonstration of proficiency in an FFS, successful completion of which
will result in a 90-day endorsement for the demonstration flight, and
after successful completion of an abbreviated demonstration flight, the
applicant will receive a 90-day endorsement for solo flight.
Practical Test
After the applicant completes all required training, experience,
and solo flight under the training program, the applicant will then
complete the appropriate practical test(s). First, under Sec.
61.129(e)(3)(iv),\154\ to apply for a commercial pilot certificate with
a powered-lift category rating, a person must complete three hours of
training on the areas of operation listed in Sec. 61.127(b) 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 practical test. Under new section 7.(a) of the appendix, a
person may complete this training in a Level C or higher FFS. The FAA
notes that it is possible a person could complete the full training
program in a timeline that would allow the crediting of the FFS
training in this new section to meet the requirements of both Sec.
61.129(e)(3)(iv) and section 7.(a). In other words, if the training
program in section 4 of the appendix is completed within the preceding
two calendar months, the activity could be counted for purposes of both
the 20 hours of flight training and the three hours of practical test
preparation. If the applicant does not have the three hours of training
in preparation for the practical test within the preceding two calendar
months from the month of the test, the applicant would be required to
receive the required number of hours of instruction in an FFS to meet
that three-hour requirement.
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\154\ The FAA notes specific stipulations to part 194 were
necessary to ensure the requirements in Sec. 61.129(e)(3)(iv) were
attainable by the groups of pilots under the adoption of this SFAR
(e.g., instructor pilots, test pilots, FAA test pilots, FAA ASIs,
and initial cadres of flight instructors). Therefore, the provisions
in Sec. Sec. 194.217(b)(2), 194.219(b)(2), and 194.221(b)(2) as
adopted in this final rule provide parameters under which these
pilot groups receive the necessary flight training toward the
practical test. As described in section V.D.3.ii. of this preamble,
the FAA notes all relative flight training requirements in parts 61
and 194 are still applicable to pilots receiving training under this
appendix. Therefore, the FAA did not deem it necessary to add
provisions in paragraph 7 concerning the training in preparation for
the practical test, because these provisions would already be
applicable under the sections listed or Sec. 61.129(e)(3)(iv).
---------------------------------------------------------------------------
Section 61.45(e) permits the use of an aircraft with single
controls to be used for a practical test if certain provisions are met.
Specifically, the examiner must agree to conduct the test in the
aircraft with a single set of controls and the examiner must be in a
position to observe the proficiency of the applicant. Additionally,
Sec. 61.45(e)(2) bars a test involving a demonstration of instrument
skills from being conducted in an aircraft with single controls.
Although using the single control aircraft to conduct the practical
test is a theoretically viable option, the demonstration of instrument
skills (as required by the instrument-powered-lift rating practical
test and other discrete tasks that will be on the powered-lift category
and type tests, such as a precision and missed approach) could not be
accomplished in that aircraft, thus requiring the use of the FFS to
demonstrate instrument skills, resulting in an SOE limitation, as
subsequently discussed. When developing the practical test, as is
typical practice, the examiner must ensure that the practical test
meets the requirements of Sec. 61.43, thereby encompassing all the
tasks and maneuvers in the applicable Airman Certification
Standards.\155\ However, since the practical test consists of tasks
required for the issuance of the three ratings, if there is a
duplication of a task, only a single demonstration of that task on the
practical test is acceptable if the task is performed at the highest
standard.
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\155\ See section XVI.
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As previously discussed in this section, when an applicant for a
certificate or rating uses an FSTD for any portion of the practical
test and does not meet certain experience requirements set forth in
Sec. 61.64, the applicant's certificate will be issued with a PIC
limitation.\156\ Under Sec. 61.64(g), the person may remove the
limitation when the person performs 25 hours of flight time in the
aircraft category, class, and type under the direct observation of the
fully qualified PIC.\157\ However, the FAA finds this
[[Page 92338]]
limitation would not permit a pilot to conduct supervised operating
experience for a powered-lift with single controls and a single pilot
station because the PIC limitation would restrict the pilot from
operating the only set of controls (i.e., acting as PIC). Therefore, to
mirror the typical part 61 training and testing regime, new section
7.(b), will require that a person who uses an FSTD for any portion of
the practical test in accordance with Sec. 61.64(a) after training in
accordance with the appendix will receive a limitation stating the
certificate is subject to certain PIC limitations and will be
restricted from the carriage of persons or property other than
necessary for the conduct of the flight.\158\ Additionally, the
carriage of property for compensation or hire is not permitted, but the
carriage of property under part 91 would be permitted, such as company
materials. The FAA notes that if a pilot met the experience
requirements of Sec. 61.64(e), as adopted herein and subsequently
discussed, the person would not receive the limitation on their
certificate.\159\
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\156\ Section 61.64(f). Section V.E.1. of this preamble
discusses the amendments adopted in this final rule to Sec.
61.64(e), where a person would not be required to have a limitation
on their certificate if the person has 500 hours of flight time in
the type of powered-lift for which the rating is sought.
\157\ Section 61.64(g). The pilot must also log each flight and
the PIC who observed the flight must testify in writing to each
flight. Additionally, the pilot must obtain the flight time while
performing the duties of PIC.
\158\ Because flight time must be under the observation of
another fully rated pilot, but the fully rated pilot would not be at
the controls (and, therefore, unable to act as PIC), the FAA cannot
restrict all persons from being on board the aircraft. The observing
pilot would be considered as necessary for conduct of the flight.
\159\ The FAA expects the majority of test pilots and instructor
pilots to meet Sec. 61.64(e) with the comprehensive flight time
they will accrue by virtue of the professional duties, which would
springboard the first cadre of fully rated pilots to observe the
flight activities in the appendix.
---------------------------------------------------------------------------
Under new section 7.(c), the limitation may be removed from the
pilot certificate by meeting the requirements set forth in section 8.
of the appendix, which prescribes the requirements for supervised
operating experience for a powered-lift with single controls and a
single pilot station mirroring that of Sec. 61.64(g).
Supervised Operating Experience for a Powered-Lift With Single Controls
and Single Pilot Station
The PIC limitation that the pilot receives under the alternate
framework of the appendix functions to restrict the carriage of persons
or property on board the aircraft, other than necessary for the conduct
of the flight while under the observation of a pilot who holds a
category and type rating without limitations for that powered-lift. In
practical terms, this would occur while a pilot who holds a PIC
limitation is carrying another pilot while conducting supervised
operating experience. In such scenarios, the pilot with the PIC
limitation can carry persons or property because it would be necessary
for the flight's operation (i.e., for obtaining SOE). As previously
discussed, under Sec. 61.64, a person receives a similar limitation
under Sec. 61.64(f), and Sec. 61.64(g) provides an avenue to remove
the PIC limitation by completing certain SOE. This final rule applies
the same concept in section 8.(a) of the appendix. As discussed, an FFS
cannot fully replicate the operational experience that the actual
flight environment provides to a pilot, which requires the pilot to
operate the powered-lift while simultaneously making decisions,
communicating with ATC, and interacting with other aircraft. Because
the pilot will have attained all flight training in the FFS, the FAA
finds that a certain degree of in-flight experience is necessary before
the pilot may conduct commercial operations involving the carriage of
persons or property (e.g., part 135 operations).
To remove the limitation, under new section 8(a), an applicant
seeking a powered-lift category rating, instrument-powered-lift rating,
and powered-lift type rating will be required to perform 10 hours of
flight time in an aircraft of category and type for which the
limitation applies under the observation of a pilot who holds a
category and type rating without limitations for that powered-lift. The
FAA notes this is a reduction from the requirements of Sec.
61.64(g)(1), which requires 25 hours of SOE under the direct
observation of the pilot in command who holds a category, class, and
type rating, without limitations, for the aircraft. When setting the
flight time requirement for SOE under this alternative, the FAA
considered that the applicant will have been previously exposed to
operating the powered-lift in the NAS while completing the training
segment requirements through multiple flights atypical to the
traditional training regime (e.g., aircraft familiarity flight, the
demonstration flight). Additionally, during the applicant's solo flight
segments, they will have attained a minimum of 20 hours of PIC while
conducting maneuvers, procedures, and cross-country flights as the sole
occupant of the aircraft, rather than the option in Sec. 61.129(e)(4),
which permits the 10 hours of flight time to occur with an authorized
instructor on board while performing the duties of PIC.
To ensure the pilot is proficient in specific key flight regimes
that were fully trained and tested in the simulator rather than the
actual flight environment, the FAA finds it necessary to require
certain elements within the SOE. Specifically, the FAA will require a
cross-country flight to be conducted during SOE as stipulated in new
section 8.(b). Although the applicant will have gained an ability to
conduct IFR procedures in the specific powered-lift type while
conducting the cross-country requirements of Sec. 194.235 in an FFS,
the applicant will benefit from the additional experience of
interacting with ATC that cannot be fully duplicated due to the sterile
nature of the simulator environment, such as interactions with ATC,
other aircraft, and the full flight environment, which all can be
unpredictable. The presence of a fully qualified pilot supervising this
cross-country flight will facilitate the fully qualified pilot to
provide feedback or guidance on the PIC's proficiency in cross-country
elements in the actual flight environment. Therefore, this cross-
country flight will mirror the requirements of Sec. 194.235. This
cross-country flight must be on an IFR flight plan, consist of a flight
of 100 nautical miles along airways or by directed routing from an air
traffic control facility,\160\ consist of an instrument approach at
each airport, and involve three different kinds of approaches with the
use of navigation systems.\161\ Since there is only a single set of
controls and a single pilot station, the applicant cannot conduct any
portion of this flight with a view limiting device.
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\160\ As discussed in the NPRM, the FAA considers cross-country
experience as a foundational set of skills that is necessary for a
pilot in a powered-lift. At the time of this final rule, the FAA
evaluated certification project and the ranges that were reported to
the FAA. The FAA is retaining this experience requirement and notes
that a powered-lift capable of performing this cross-country flight
must be used for issuance of an initial category rating.
\161\ The FAA notes that this cross-country flight may be
credited to the overall 10 hours of flight time set forth in section
8.(a) of the appendix and is not a mutually exclusive requirement in
addition to the 10 hours.
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Deviation for Level C or Higher Full Flight Simulator
Many commenters discussed the use of novel technology (e.g.,
virtual reality (VR), extended reality (XR), and mixed reality (MR)
systems) in simulation that could be used as a replacement for in-
aircraft flight training. However, those technological advancements
have not yet been demonstrated to the FAA to ensure those novel
technologies provide a level of fidelity equivalent to that which is
currently applicable for a Level C FFS or higher qualification for any
aircraft. However, the FAA recognizes that during the ten-year period
of the SFAR, technological advancements might be developed and
perfected, thus enabling the use of new technology to replicate the
level of fidelity required for simulation to effectively replace all
[[Page 92339]]
in-aircraft flight training. Currently, this level of fidelity is only
attainable in a Level C or higher FFS.\162\ If such technological
advancements occur, and in order to be proactive and agile, section 9.
of the appendix will facilitate deviation authority to enable training
to be conducted in the new technology simulation device. Therefore, to
authorize a deviation from the simulator qualification requirements in
section 4. of the appendix, the Administrator must determine that the
alternative training device is of adequate fidelity to be used as a
substitution for in-aircraft flight training, and the effectiveness and
objectives of the training program can be met utilizing the alternative
training device.
---------------------------------------------------------------------------
\162\ Level C FFS technical standards are defined in part 60
under Appendix A (airplanes) and Appendix C (helicopters), See 14
CFR part 60 Appendices A and C.
---------------------------------------------------------------------------
The FAA notes the deviation authority is only applicable to the
level of fidelity necessary to replace flight training in the aircraft
and, therefore, is only applicable to the FFS training for powered-lift
with single functioning controls and a single pilot station alternative
permitted under appendix A. For a deviation, the FAA currently provides
direction on how to submit a deviation to the Administrator through
policy in FAA Order 8900.1.\163\ The applicant must submit an
application in writing and detail the specific regulatory section from
which a deviation is requested, include the specific reasons for why
the deviation is requested, demonstrate how an equivalent level of
safety will be maintained, and any other information requested by the
FAA based on the rule in which deviation is sought and the complexity
of the operation to which the deviation would apply. The FAA sees that
an evaluation of fidelity is critical to ensure the flight training
environment is adequately replicated because this training device is
replacing actual experience gained in flight.
---------------------------------------------------------------------------
\163\ FAA Order 8900.1 Volume 3, Chapter 2, Section 1, paragraph
3-41.
---------------------------------------------------------------------------
iii. Alternate Three: Deviation Authority
While the FAA finds the two preceding options will facilitate
opportunities for pilots to obtain powered-lift ratings in powered-lift
that are not equipped with a full set of dual controls, the FAA
acknowledges the potential development of technological advancements
that could further enable flight training in a powered-lift equipped
with single flight controls and a single pilot station. Specifically,
these technological advancements may sufficiently facilitate flight
training for powered-lift ratings but may not fit squarely into the
frameworks set forth by new Sec. 194.253(a) or (b). Such technological
alternatives have not yet been demonstrated or validated at a level or
with sufficient reliability that would be required to replace dual
controls and two pilot stations in a powered-lift used for flight
training. As such, permanent changes to the regulations are not
appropriate at this time. However, given feedback from commenters, the
FAA recognizes that during the ten-year period of the SFAR, current
technological advancements could be perfected and integrated into the
training footprint, including technologies not yet envisioned. To
encourage innovation and provide a pathway for technological
advancements that could achieve an equivalent level of safety as the
purpose of Sec. Sec. 91.109(a) and 61.195(g), the FAA will adopt
deviation authority as a third alternative to allow for flight training
in a powered-lift equipped with a single set of fully functioning
controls to be used for flight training.
First, this deviation authority will be limited to powered-lift
equipped with a single set of fully functioning controls in an approved
training program under part 135, 141, or 142. As previously discussed,
programs under these parts have a higher level of FAA oversight than
training that is conducted outside of an FAA-approved training program
(i.e., through part 61). Additionally, this oversight provides the FAA
the opportunity to ensure the quality of the training is maintained. It
also allows the training provider and the FAA to gather data and
monitor trends after approval of a novel system to be used in lieu of
dual controls. In turn, this enables quicker detection and more
responsive actions to correct deficiencies when those novel systems are
used.
When the training provider applies for a deviation to utilize a new
technology or flight training plan to replace dual controls in a
powered-lift used for flight training, the plan of action must
incorporate characteristics that provide an equivalent level of safety
that meets or exceeds the safety margin currently provided by a second
set of controls in the same or similar powered-lift used for flight
training. Flight training carries a higher risk compared to many other
forms of flight operations because the maneuvers being taught may
require the aircraft to be flown, for example, close to the ground, in
a high-traffic environment, or at the limits of aircraft performance.
Compounding these factors, powered-lift is new to flight operations
outside of the military, and training in powered-lift is currently non-
existent outside of the military. Flight training requires an
instructor to be actively engaged in how the applicant is operating the
powered-lift, to see and be aware of the flying environment, including
other nearby aircraft, weather, terrain, class of airspace, etc., and
all while providing high-quality instruction. Since, during flight
instruction, the applicant is not rated or is inexperienced in an
aircraft the responsibility for making the immediate corrective action
falls on the person providing the flight instruction.
Other than the flying skills necessary to make those corrective
actions, recognition, and ability to make corrective actions are
required. One important recognition factor to take into consideration
for a system in lieu of a dual control aircraft, is that the instructor
has the same visual cues available to them as the person flying the
aircraft from their pilot station. This includes the field of view
outside of the aircraft as well as inside the aircraft, to include the
instrumentation and controls. This provides the instructor with the
visual cues so they can determine if intervention is required. When
intervention is required, the instructor must be able to take immediate
corrective action and full control of the powered-lift to prevent a
mishap. In addition, to provide effective instruction and timely and
correct intervention, the FAA and the people using the technology needs
to consider and understand how the advanced technology works and what
its limitations are. Therefore, in the preceding example, the
Administrator would consider the level of field of view the flight
instructor will have outside the aircraft, as well as the one inside
aircraft, including instruments and flight controls while conducting
flight training.
Another key element the Administrator will consider in granting
deviation authority includes that the flight training and supervised
operating experience requirements that can be effectively conducted
using the system in place of dual controls installed on the aircraft.
Although the system may provide the instructor or the pilot observing
SOE with the required visual cues and the ability to take control of
the powered-lift, effective flight instruction or SOE might not be
possible, especially when considering all the maneuvers that can be
required for flight training or any limitations of the system replacing
the requirement for dual flight controls. Additionally, the instructor
or pilot observing SOE would need the ability to see outside the
aircraft what is normally visible from
[[Page 92340]]
the pilot station, thereby enabling them to intervene or provide
guidance when appropriate. It would logically follow, that if the
instructor had no way to observe the student's performance or what
should be visible from a pilot station in the aircraft, they could not
provide effective training or supervision. Continued effectiveness of
the training provided under this deviation, and monitoring of such,
also justifies why this deviation may only be granted to FAA approved
training programs under part 135, 141, or 142. The additional FAA
oversight will recognize deficiencies with a training program's system
and require corrective actions to continue to use the system permitted
by the deviation.
Therefore, the FAA adopts in this final rule a third option to
facilitate the use of technological advancements that would replace the
requirement for fully functioning dual controls when conducting flight
training. Under Sec. 194.253(c), the training provider under part 135,
141, or 142 must demonstrate certain elements, as subsequently
discussed, in a form and manner acceptable to the Administrator. As
discussed in section V.D.3.ii. of this preamble, the FAA currently
provides direction on how an applicant must submit an application for a
deviation.\164\ During review of the deviation request, the FAA may
request more information from the applicant to assist the FAA in
determining if granting the deviation is warranted. Additionally, the
applicant can provide revised information as necessary to address any
deficiencies noted by the applicant or the FAA. Upon approval, the FAA
will issue the certificate holder under part 135, 141, or 142 paragraph
A005 detailing the deviations approval as is currently done today.
Additionally, as this technology evolves or the need for deviation
further emerges, the FAA will update guidance as necessary.
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\164\ See FAA Order 8900.1 Volume 3, Chapter 2, Section 1,
paragraph 3-41, which details that the request must be in writing,
with the specific regulatory section from which a deviation is
requested detailed, and include: the specific reasons for why the
deviation is requested, how an equivalent level of safety will be
maintained, and any other information requested by the FAA based on
the rule in which deviation is sought and the complexity of the
operation to which the deviation would apply.
---------------------------------------------------------------------------
The first provision of Sec. 194.253(c) allows for a deviation to
be made to Sec. Sec. 91.109 and 61.195 that considers the ratings held
by the pilot and the certificate holder's approval of a course of
training that incorporates factors that would provide for an equivalent
level of safety and afford for an instructor to immediately take
control of the aircraft and recover from an unsafe condition.
Therefore, Sec. 194.253(c)(1) will require the certificate holder to
demonstrate in a form and manner acceptable to the Administrator that
the person providing flight training and the PIC observing any
applicable SOE can take immediate corrective action and full control of
the powered-lift and that the flight training and any applicable SOE
can be effectively conducted in the powered-lift. Additionally, under
Sec. 194.253(c)(2), the alternate flight training and applicable SOE
may not adversely affect safety. This demonstration could be done
through a flight training versus solo complement, or even the
development of a certificated system that would provide for an
instructor to take control of the aircraft remotely. The FAA will not
set strict parameters around this operational capability to allow for
innovation that meets the safety intent of the existing sections
requiring dual pilot stations with dual controls for flight training or
SOE. The FAA notes that this provision is only applicable to operators
of a powered-lift and only for the purposes of an initial cadre of
pilots. The strict approvals provided by parts 135, 141, and 142 would
act as a safety mechanism by providing oversight to supplement the
equivalent level of safety determination. Specifically, the deviation
will be approved through the use of the operator's operations
specifications issued by the FAA.
Under Sec. 194.253(c)(3), the Administrator may cancel or amend a
letter of deviation authority at any time the Administrator determines
that the requirements of section 9 of appendix A are not met, or if
such action is necessary in the interest of safety. Given the novel
approach underpinning a deviation, it is especially important for the
FAA to be able to require changes or rescind deviations upon a
determination that the new approach results in safety concerns. In the
case of a rescission, training in a powered-lift with single controls
will need to proceed under another available regulatory avenue.
E. Supervised Operating Experience of Sec. 61.64
1. Amendment to Sec. 61.64(e)
Section 61.64 addresses the use and limitations of FFSs and FTDs
for training or any portion of a practical test for certificates and
ratings, including aircraft type ratings. Specifically, under Sec.
61.64, an applicant for an aircraft type rating may accomplish the
entire practical test (except for the preflight inspection) in a Level
C or higher FFS. To ensure the applicant has sufficient experience
operating the aircraft prior to serving as PIC, an applicant must
satisfy certain aeronautical experience requirements set forth in Sec.
61.64(b) through (e), as appropriate to the type rating sought. If the
applicant meets one of the aeronautical experience requirements, then
the applicant receives a type rating without limitation. If an
applicant does not meet one of these requirements, the applicant
receives a PIC limitation on their certificate in accordance with Sec.
61.64(f)(2).\165\ The limitation may be removed from the certificate
upon completion of the SOE requirement set forth in Sec. 61.64(g): 25
hours of flight time while performing the duties of PIC 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.
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\165\ An applicant would not receive the limitation if the
completed tasks of preflight inspection, normal takeoff, normal
instrument landing system approach, missed approach, and normal
landing on the practical test in an aircraft appropriate to the
category, class, and type for the rating sought, pursuant to Sec.
61.64(f)(1).
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As discussed in the NPRM,\166\ the FAA evaluated whether the
requirements in Sec. 61.64 would adequately implement the operation of
powered-lift into the NAS. As it pertains to powered-lift, 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). These options include: (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.
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 determined during the development of the NPRM 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)
[[Page 92341]]
through (3); and (d)(1), (2), and (4). Therefore, the FAA proposed the
removal of Sec. 61.63(e)(1), (2), and (4).
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\166\ 88 FR 38946 at 38962 (June 14, 2023).
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However, the FAA proposed to retain Sec. 61.64(e)(3), 500 hours of
flight time in the type of powered-lift for which the rating is
sought,\167\ consolidated into Sec. 61.64(e) and adopts the provision
as proposed.\168\ Powered-lift type rating applicants who do not use a
powered-lift during the practical test and do not satisfy proposed
Sec. 61.64(e) (current Sec. 61.64(e)(3)) will be required to
accomplish SOE in the type of powered-lift for which they obtain a type
rating, pursuant to Sec. 61.64(g). Pursuant to Sec. 61.64(g)(2), the
SOE must be under the direct observation of the PIC who holds the
category, class,\169\ and type ratings, without limitations, for that
aircraft (as it applies to a powered-lift, a powered-lift category
rating and a type rating). The alternate pathways adopted by this final
rule will enable persons to obtain powered-lift ratings without a
limitation on their commercial pilot certificates by training and
testing in a powered-lift, therefore creating the initial cadre of
qualified PICs to directly observe SOE.
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\167\ While the FAA acknowledges that there are currently no
type-certificated powered-lift, developmental and certification
flight tests, which are conducted in accordance with an experimental
certificate to the aircraft and authorization to the manufacturer's
test pilots, could be credited toward the pilot's 500 hours of
flight time in the type of powered-lift for which a rating is
sought.
\168\ The FAA also proposed to make a conforming amendment to
Sec. 61.64(f) technical in nature that would replace the cross
reference to Sec. 61.64(e)(1) through (4) to only referencing
paragraph (e).
\169\ As discussed in section V.D.3.ii. of this preamble, this
final rule adopts certain miscellaneous amendments to make clear
that regulatory references to class throughout part 61 are only
appropriate if the regulations require classes for that category of
aircraft. These miscellaneous amendments include Sec. 61.64(g)(1).
---------------------------------------------------------------------------
As previously stated, because the applicant would have 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. Rather, the qualified PIC is observing the
applicant performing the duties of PIC and is the only person who is
directly responsible for and final authority as to the operation of the
aircraft.\170\ Therefore, while SOE is not considered flight training
so as to require dual controls by Sec. 91.109(a), the supervising PIC
must have access to controls in the aircraft to fulfill their
responsibility to maintain direct responsibility for the operation and
safety of the flight. The FAA explained in the NPRM that each powered-
lift would be required to have a version of the aircraft that contains
fully functioning dual controls, consistent with those expectations for
flight training in airplanes and helicopters that require a type
rating. Additionally, the FAA acknowledged a movement toward Simplified
Vehicle Operations (SVO) whereby automation coupled with human factors
best practices may reduce the quantity of skill and knowledge training
that a pilot must acquire \171\ as an alternate way to perform SOE in a
powered-lift with single controls and a single pilot station.
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\170\ Section 91.3(a). See also 14 CFR 1.1, which provides the
PIC has final authority and responsibility for the operation and
safety of the flight.
\171\ GAMA, A Rationale Construct for Simplified Vehicle
Operations (SVO), (May 20, 2019).
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2. Alternate Requirement for Powered-Lift Without Fully Functioning
Dual Controls Used in Supervised Operating Experience When Adding a
Type Rating
The FAA continues to lack sufficient operational data to analyze
and implement the use of the SVO technology that was noted in the NPRM.
Without this information, it is not possible to codify permanent relief
enabling SOE on an aircraft without dual functioning controls. However,
as previously discussed, the FAA invited public comment specifically
pertaining to how an applicant would meet the SOE requirements with a
single set of flight controls in a powered-lift. ALPA generally agreed
with the provisions of the proposal that rely on the use of an FFS
\172\ and that the pilot would receive a limitation on the grounds that
SOE would ensure the pilot has adequate experience and competence
operating the powered-lift in the actual flight environment.
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\172\ ALPA also supported the use of the highest fidelity
devices (e.g., an FFS with six degrees of motion) to ensure the
appropriate level of aerodynamic modeling. This preamble discusses
the FAA's FTSD position(s) in section IV.C of this preamble.
---------------------------------------------------------------------------
GAMA, NBAA, CAE, Eve, Joby, and L3Harris provided comments
specifically pertaining to this question. Generally, commenters
reasoned that SOE should only apply to newly rated PICs to ensure they
are acclimated with performing PIC duties, not necessarily PICs who've
already obtained PIC experience through the SFAR prerequisite ratings.
GAMA, Joby,\173\ and Eve asserted that SOE is not mandatory for
obtaining a type rating, even when the aircraft is equipped with a
single set of controls. Specifically, commenters stated that SOE is not
required when the five checking points of Sec. 61.64(f)(1) can be
assessed in aircraft with single controls at the examiner's discretion
under Sec. 61.45(e). Archer expressed the lack of need for SOE,
stating that the FAA's purpose of SOE to ensure applicants have
sufficient experience operating the powered-lift for which the type
rating is sought in the actual flight environment prior to acting as
PIC of the aircraft for the first time in the NAS is met through the
``other requirements'' \174\ the FAA is levying on pilots seeking a
category and type rating.
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\173\ Joby additionally recommended to remove the instrument
requirements in the five checking points to be conducted in the
aircraft. The FAA does not agree with Joby recommendation as this
fundamental testing element minimally ensures a pilot can operate an
aircraft in IFR conditions if necessary. As further discussed in
section V.A. of this preamble, a pilot operating a powered-lift
could be subject to inadvertent IMC, where a pilot must hold the
requisite skills to operate an aircraft in IMC conditions.
\174\ The FAA quotes Archer's phrasing here as the FAA is unsure
what other requirements the FAA proposed to impose outside of the
traditional airman certification framework that Archer intends to
refer to. While the FAA proposed alternate requirements, the FAA
finds these requirements are relieving rather than additional.
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The FAA notes that the five checking points of Sec. 61.64(f)(1)
that commenters refer to are: (1) preflight inspection, (2) normal
takeoff, (3) normal instrument landing system approach, (4) missed
approach, and (5) normal landing. The FAA agrees with the commenters
that SOE is not required if the applicant completes these five checking
points in the aircraft because the person's certificate would not be
issued with a limitation. However, if the entirety of the practical
test is completed in the FSTD or if the applicant completes one of the
checking points in the FSTD, it follows that the certificate would
receive a PIC limitation pursuant to Sec. 61.64(f)(2), unless the
person meets one of the experience requirements set forth by Sec.
61.64(b) through (e), as applicable. In that scenario, the PIC
limitation may be removed by completing SOE pursuant to Sec. 61.64(g).
Additionally, the FAA agrees with Archer that the purpose of SOE is
to ensure applicants have sufficient experience in the aircraft in the
NAS and actual operating environment that the PIC would operate within.
However, the FAA does not agree that SOE is entirely unnecessary on the
basis of ``other requirements'' that the FAA proposed in the NPRM or
that SOE should only apply to initial PICs in the NAS. When SOE is
required, the FAA does not give latitude based on the pilot's
experience in other categories of aircraft. Therefore, the FAA is not
requiring anything more than is already required for a pilot when
adding a different category or type to their existing certificate. If
Archer refers to the prerequisites proposed in
[[Page 92342]]
Sec. 194.215(a) (i.e., a commercial pilot certificate with at least an
airplane category and single- or multiengine class rating or a
rotorcraft category and helicopter class rating, and the corresponding
instrument rating), the FAA finds that this would not ensure that a
pilot possesses sufficient operating experience in the actual flight
environment specific to the powered-lift. As discussed in section V.G.1
of this preamble, pilot proficiency does not exactly translate from
category to category. While the pilot may have a plethora of PIC
experience in the NAS in an airplane or helicopter, training and
testing in a simulated environment necessitates operating experience
specific to the powered-lift itself.
Several commenters suggested alternatives to SOE. GAMA stated that
the FAA does not need to grant a blanket authorization for SOE in
single control aircraft. Rather, GAMA suggested two alternatives to
ensure an equivalent level of safety and oversight. First, GAMA
suggested amending the SOE regulations to include an alternate
operation ``as authorized by the Administrator'' through a letter of
authorization (LOA). Second, GAMA suggested the FAA make a
determination during the FSB process as to whether the manufacturer
demonstrates operational suitability and reduced pilot skill and
knowledge required for safe operation such that pilots may be exempt
from SOE or be authorized to conduct SOE virtually. Similarly, other
commenters, such as L3Harris and Eve, suggested leveraging the FSB
process to determine if a combination of SOE in an FSTD and scenario-
based training (SBT), exposing the pilot to in-flight situations (i.e.,
situational awareness, workload management, communication, decision
making) in lieu of SOE would meet an equivalent level of safety.
Further, NBAA recommended utilizing the FSB process for a determination
as to whether supervised line flying (SLF), as defined in AC 120-
53,\175\ could be used as a post-qualification in lieu of SOE. Eve
suggested utilizing line operational simulations, line-oriented flight
training (LOFT), special purpose operational training (SPOT), and line
operational evaluations (LOE) to comply with operating experience
requirements in single pilot operations.
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\175\ Supervised line flying is defined under AC120-53 as
amended, is associated with the introduction of equipment or
procedures requiring post-qualification skill enhancement during
which a pilot occupies a specific pilot position and performs
particular assigned duties for that pilot position under the
supervision of a qualified company check airman.
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The FAA finds the use of limitations and a broad overarching
``determination'' would be arbitrary thereby not providing uniform
expectations of manufacturers regarding the required pilot skill and
knowledge for safe operation of an aircraft. The FAA would also not be
able to broadly apply this relief to the manufacturer since the relief
itself would be applicable to an individual pilot who has trained and
tested entirely in the simulator. Further, the FAA does not agree with
the feasibility of utilizing the FSB process to determine if SOE would
not be required or reduced for a pilot operating a specific powered-
lift. The FAA does not currently permit the FSB process to determine
under what conditions SOE is required or could be reduced; a change of
this nature would be a global change affecting all aircraft, which is
out of the scope of this rulemaking, especially without any data or
rationale to support safety considerations.
The FAA does not agree with L3Harris and EVE's suggestions to
combine SOE with aircraft and FSTD experience. As discussed previously
in this section, the FAA maintains its position that SOE is only valid
when conducted in an aircraft due to the unique characteristics in the
actual operating environment that the FFS inherently cannot replicate.
The FAA also disagrees with NBAA and other commenters that suggest
SLF is an adequate replacement to SOE. Powered-lift are coming to the
civilian market for the first time and the only pilots with powered-
lift experience in the NAS are military pilots and test pilots.
Therefore, while applicants for a powered-lift type rating may
accomplish their training and testing in FFS under an approved training
program, the FAA has determined that applicants must have sufficient
experience operating the powered-lift for which a type rating is sought
as is the case for other categories of aircraft. As discussed further
in section V.E.2 of this preamble, the FAA sees that the contents of AC
120-53 in regard to supervised line flying would not be applicable in
this scenario especially in a standalone context with reference to
Sec. 61.64. Section 61.64 is applicable to every pilot receiving a
rating, while supervised line flying is only a consideration when
talking in terms of an air carrier's approval of a training program.
Powered-lift could benefit from supervised line flying if such is
deemed necessary through an FSB but utilizing those standalone part 61
requirements would not be appropriate. Initially, the SFAR enables
certificate holders certain flexibility when considering receiving a
pilot certificate under part 61 through training conducted under parts
135, 141, and 142.
However, in consideration of commenters' general positions and this
final rule's facilitation of flight training in powered-lift with a
single set of controls and single pilot seat, the FAA finds that it is
appropriate to extend certain relief in the context of SOE as well.
Pilots who already possess a powered-lift category and instrument
rating and are only adding a powered-lift type rating to their
certificate would be able to utilize regulatory pathways already
provided in part 61 for training and testing in an FSTD. Specifically,
as is currently applicable to airplanes and helicopters requiring the
applicant to hold a type rating, even if those aircraft were equipped
with a single functioning flight control and single pilot station, the
type rating could be wholly accomplishable in a Level C FFS or higher
per Sec. 61.63(d) and Sec. 61.64. However, after accomplishing the
practical test for a type rating entirely in the simulator, the person
would receive a limitation on their certificate with PIC restrictions,
but the pilot observing the SOE would need to be onboard the aircraft
from an observing position. Therefore, the FAA adopts new Sec.
194.255, which will contain the alternate requirements for powered-lift
without fully functioning dual controls used in supervised operating
experience when adding a type rating.
New Sec. 194.255 largely mirrors current Sec. 61.64(f) and (g),
with minor revisions to account for the inherent limitations of a
single controls and single pilot station aircraft. Notwithstanding the
limitation prescribed in Sec. 61.64(f), a person who does not meet the
requirements of Sec. 61.64(e) \176\ will receive a limitation on the
certificate restricting the person from operating the powered-lift type
from carrying any person or property on the aircraft, other than
necessary for the purpose of the narrowly tailored parameters of SOE
(see Sec. 194.255(a)). New Sec. 194.255(b) sets forth the removal
requirements, which mirror Sec. 61.64(g). Finally, under new Sec.
194.255(c), the observing pilot will be required to have unobstructed
visual sight of the controls and instrumentation.
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\176\ In other words, a person who has 500 hours of flight time
in the specific type of powered-lift would not receive a limitation
on their certificate warranting SOE.
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[[Page 92343]]
F. Establishment of an Alternate Pathway for Pilot Certification
The introduction of powered-lift as a new category of civil
aircraft creates unique challenges for the training and certification
of airmen. The traditional framework for a pilot follows an incremental
path to build piloting skills through an iterative series of training
activities with a flight instructor, accumulation of other flight
experience, and successful completion of a practical test with an
evaluator (i.e., student pilot to private pilot to commercial pilot to
ATP for part 121 and certain part 135 operations). Under this building
block approach, a pilot must meet minimum aeronautical experience
requirements at each certificate level which include total time 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.
However, as discussed in the NPRM, two predominant barriers exist
in the introduction of powered-lift into civil operations.\177\ First,
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 a commercial pilot
certificate 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 which is customary for
other categories of aircraft. Second, because there are no civil
powered-lift, a person would have difficulty obtaining flight training
due to the low numbers of qualified flight instructors who constitute a
key foundation of the civil airman certification framework \178\ and
would not have the necessary flight time in a powered-lift to be
eligible for a rating at the commercial pilot level.
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\177\ 88 FR 38946 at 38965 (June 14, 2023).
\178\ The FAA recognizes that the only pilots and flight
instructors with powered-lift ratings are those obtained through the
military competency provisions of Sec. 61.73. While there are
approximately 905 powered-lift pilots and 447 powered-lift flight
instructors (as of January 2024) through this process to form an
initial cadre, these numbers are likely insufficient to meet
forthcoming demands.
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To address these barriers without adversely affecting safety, the
FAA proposed subpart B of part 194 to establish alternate pathways for
pilots to obtain powered-lift ratings through alternate aeronautical
experience requirements and expanded logging provisions, while
maintaining the general building block framework prescribed by part 61.
Many commenters supported the FAA's general intention to create an
alternate framework for powered-lift pilots in light of the
aforementioned barriers to certification (i.e., current lack of
powered-lift in civilian operations and lack of powered-lift flight
instructors). Specifically, several powered-lift manufacturers agreed
that the part 61 framework is inadequate as applied to the integration
of powered-lift in the NAS and expressed support for the concept of an
alternate framework. Airlines for America agreed with the FAA's
framework in encompassing the current building-block approach while
also redefining the aeronautical experience requirements for powered-
lift.
Alternate Approaches: Cycle-Based and Competency-Based
Commenters recommended different approaches to certificating
powered-lift pilots and flight instructors than that proposed by the
NPRM, which leveraged the building block approach with alternate
requirements where necessary. One commenter expressed that the FAA's
proposed alternate approach may be feasible as the industry matures,
but that it is infeasible for initial powered-lift operations.
Suggested alternatives included a competency-based approach and a
cycle-based approach.
Archer proposed a cycle-based approach in lieu of part 61
certification, specifically in context of the alternate experience
framework in general and cross-country alternate requirements, stating
that the traditional hours-based training and experience does not
account for the unique characteristics of powered-lift. Archer stated
that the length of training requirements is impossible to achieve in
some powered-lift, specifically providing the example of powered-lift
exceeding helicopter minimum training times. Archer urged the FAA to
contemplate a cycle-based approach to pilot training utilizing
Sec. Sec. 121.434 and 61.159(b) as a guide and recommended amending
Sec. 61.129(e)(2)(iii) to permit powered-lift pilots to substitute 10
operating cycles \179\ for 10 hours of cross-country time.\180\
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\179\ 14 CFR 121.431(b) defines an operating cycle as a complete
flight segment consisting of a takeoff, climb, enroute portion,
descent, and a landing.
\180\ This preamble addresses Archer's comments pertaining to
FSTD credit and cross-country time in sections V.D.2. and V.F.ii. of
this preamble, respectively.
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SAE International suggested developing pilot training criteria in
accordance with ICAO Annex 1 focusing on a competence-based,
performance-based approach to pilot training and certification, much
like EASA member states do. The commenter believed a more competence-
based approach will mitigate risk and provide well trained and
qualified pilots and instructors without being prescriptive (hours
based).
Similarly, Lilium proposed a competency-based approach to powered-
lift certification rather than an hour requirement under the premise
that some powered-lift will have limited endurance and range. Lilium
stated that requiring in-flight hours will lead to an excessive number
of ``sorties,'' \181\ ultimately escalating training costs without
improving safety. Instead, Lilium recommended a framework where a pilot
demonstrates specific skills relevant to the operation of a particular
powered-lift established by the FSB because applicants will already be
trained and qualified as commercial pilots (with an instrument rating).
Lilium emphasized flying experience already held by a pilot against the
powered-lift type rating specifics and the operational characteristics
of powered-lift (e.g., short duration flights with an emphasis on
landings and takeoffs) whereby certification should be tailored to the
representative conditions and maneuvers. GAMA echoed Archer and
Lilium's recommendation, stating that because the SFAR applies to
already-qualified commercial pilots with significant experience, the
elevated prerequisites justify a competency and training-oriented
curriculum rather than an hours-based approach. AWPC urged the FAA to
consider flight hours required in a powered-lift that focus only on
achieving the minimums required by Sec. Sec. 61.65(f), 61.129(e)(3),
and 61.129(e)(4), which are training oriented requirements instead of a
prescriptive time building metric. AWPC also urged the FAA to leverage
a training and through a competency-based approach in combination with
passing a practical test to ATP certificate standards. Finally, SAE
International supported a competency approach to training and
certification.
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\181\ A sortie is a military aviation term typically used to
describe the combat mission of a singular military aircraft. The FAA
notes that there is no equivalent term in FAA regulations but
understands the term in this situational context to refer to
``training flights.''
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The FAA declines to adopt a cycle-based approach or competency-
[[Page 92344]]
approach in this final rule for the following reasons.
By referring to a cycle-based framework, the FAA understands
commenters as meaning that operational cycles, as used in part 121,
should be the model in which the FAA dictates experience requirements
for applicants seeking a pilot certificate with powered-lift ratings.
Section 121.431 provides the only FAA definition of ``operating
cycle,'' which is specifically earmarked for the purpose of subpart O
of part 121 (Crewmember Qualifications). Specifically, Sec. 121.431(b)
defines an operating cycle as a complete flight segment consisting of a
takeoff, climb, enroute portion, descent, and a landing. Within part
121, the cycle-based approach is not used in the context of flight
training, but rather it refers to activity after a part 121 pilot
completes an air carrier training program and is designed to
consolidate what the pilot has learned in training. Part 121 flightcrew
members utilizing these provisions are certificated pilots in
accordance with part 61, which means they have obtained significant
operating experience in the category, class, and type, where
appropriate, of aircraft to achieve initial certification. At such
time, the pilot already holds the category and type rating necessary to
operate the aircraft and the pilot has already met the cross-country
requirements in category and demonstrated proficiency in operating the
aircraft to receive a type rating. Additionally, this substitution of
hours with operating cycles occurs while under supervision of a check
pilot, for the purpose of this experience of an air carrier's overall
compliance with part 121, not for initial category and type
certification.
In sum, the purposes of Sec. 121.434 and the use of operating
cycles (i.e., preparing a pilot specifically for part 121 operations)
are vastly different from the traditional certification framework and
corresponding alternate experience requirements for powered-lift.
Because the FAA only has experience and operational data of operating
cycles in an unparalleled training scenario (i.e., in the context of
additional training after the foundational certificates and ratings are
obtained), and commenters did not provide any supporting data to
justify a pivotal airman certification transition, the FAA does not
find that the use of operating cycles to obtain a powered-lift category
rating provides an equivalent level of experience to ensure
foundational proficiency when obtaining an initial powered-lift
category rating.
Archer also urged the FAA to adopt a model like that set forth by
Sec. 61.159(b) that would permit a pilot to substitute cycles of a
takeoff and landing to a full stop for one hour of flight time to
satisfy certain aeronautical experience requirements.\182\ The FAA
finds that the substitution in Sec. 61.159(b) is not feasible to
implement into a model for powered-lift certification at this time. The
FAA proposed the substitution of 20 night takeoffs and landings as
currently set forth by Sec. 61.159(b) in 1968, which was later adopted
in 1969.\183\ The proposed rule \184\ explained that the aeronautical
experience for an ATP certificate required at least 100 hours of night
flight time with no minimum number of landings. Additionally, when
flight times were first developed in the regulations, airplanes had to
stop more frequently for fuel and, therefore, logged more takeoffs and
landings in the 100-hour time frame.
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\182\ Specifically, Sec. 61.159(b) permits a person who has
performed at least 20 night takeoffs and landings to a full stop to
substitute each additional night takeoff and landing to a full stop
for 1 hour of night flight time to satisfy the 100 hours
requirements of night flight time in Sec. 61.159(a)(2). However,
not more than 25 hours of night flight time may be credited in such
manner.
\183\ Airplane Transport Pilot Certificate with Airplane Rating
final rule, 34 FR 17162 (Oct. 22, 1969). This provision was
originally adopted in Sec. 61.145(b), later redesignated as Sec.
61.155(b) in 1973 (38 FR 3156). The 1997 final rule relocated Sec.
61.155(b) to present-day Sec. 61.159(b) (62 FR 16220, Apr. 4,
1997).
\184\ Airplane Transport Pilot Certificate with Airplane Rating
NPRM, 33 FR 12782 (Sept. 10, 1968).
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However, the FAA noted that because of technological advancements,
airplanes made fewer fuel stops and, therefore, accomplished many fewer
landings within the ATP night flight time experience of 100 required
hours. Therefore, to account for this discrepancy, as well as to ensure
proficiency in operations involving a reduction in a pilot's vision,
associated darkness, and available lighting, the FAA adopted the
substitution in Sec. 61.159(b) to incentivize an applicant for an ATP
certificate to complete these critical flight operations to proficiency
without instituting a required minimum in the regulations. However,
this time is limited to 25 hours of the 100 hours of required night
flight time experience; therefore, requiring pilots to still attain at
least 75 hours of night flight time.
Comparably, the FAA notes that the cross-country flight time
required for a powered-lift pilot certificate is ten hours, and vastly
less than the 100 hours of night flight time the commenter's comparison
is based upon. As discussed in section V.A. of this preamble, one
critical point of pilot proficiency in the powered-lift category is the
transition period from vertical take-off to horizontal flight and back
to vertical landing. Should the FAA contemplate a takeoff and landing
cycle mirroring Sec. 61.159(b), the transition period into vertical
flight would be a critical element to include in the scope of that
cycle, which would be the equivalent of a cross-country flight. The
situations a pilot encounters during the terminal and enroute portions
of a cross-country flight constitute valid experiences to increase a
pilot's opportunity to use dead reckoning and pilotage over the entire
route, not only the takeoff or landing portion of the flight. The FAA
further discusses endurance challenges in cross-country requirements in
section V.F.4.ii. of this preamble.
Additionally, the FAA notes this substitution's applicability to
those applicants seeking an ATP certificate is different from the
minimum certificate level held by the target cadre of pilots this SFAR
is directed toward. An applicant for an ATP certificate with an
airplane category rating must hold a commercial pilot certificate with
an instrument rating issued under part 61,\185\ inherently including a
prerequisite level of experience in the airplane category. In the
absence of data presented to support a cycle-based substitution, the
FAA finds that implementation of a cycle-based framework at the
foundational entry-level of pilot certification for powered-lift may
introduce a reduction in pilot proficiency in comparison to the
traditional pathways of airman certification.
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\185\ Section 61.153(d)(1). In lieu of a commercial pilot
certificate with an instrument rating issued under part 61, an ATP
applicant may meet the military experience requirements under Sec.
61.73 to qualify for a commercial pilot certificate and an
instrument rating (Sec. 61.153(d)(2)) or may hold certain foreign
ATP licenses with instrument privileges or a foreign commercial
pilot license (Sec. 61.153(d)(3)).
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Similarly, at this time, the FAA does not find it appropriate to
implement a novel approach to initial category ratings through
competency-based training. As defined by ICAO, competency-based
training is training and assessment characterized by a performance
orientation, emphasis on standards of performance, and their
measurement and the development of training to the specified
performance standard.\186\ Traditionally, a competency-based training
framework is free of defined schedules and hour requirements. While
operators under parts 121 and 135 regularly utilize
[[Page 92345]]
competency-based training (and cycle-based framework) to facilitate
additional and specific experience for more complex operations, the FAA
does not utilize competency-based training as a pathway to airman
certification in part 61 (neither foundational initial certification
nor added ratings).
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\186\ ICAO Doc. 9868, Procedures for Air Navigation Services,
Training, 3d Edition (2020).
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Under the traditional airman certification process under part 61
(and part 141), 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, nighttime, and cross-country time. While these requirements are
characterized by time components, this framework ensures that flight
training envelops smaller blocks of flight training (e.g., instrument
training in a powered-lift under Sec. 61.129(e)(3)(i)) or flight time
(e.g., 10 hours of cross-country flight time in a powered-lift under
Sec. 61.129(e)(2)(ii)) that, together, constitute the total objective
of minimum aeronautical experience for a category rating on a
certificate (e.g., 250 hours of flight time for a commercial pilot
certificate with a powered-lift category rating). Additionally, these
subsets are tethered to flight proficiency regulations respective to
the certificate sought (e.g., Sec. 61.127(b)) to ensure a person
receives training on critical areas of operation. The applicable Airman
Certification Standard or Practical Test Standard mirrors these areas
of operation as the practical test standard. An hours-based approach
ensures a set amount of flight time, exposing the pilot to a cross-
section of, for example, flight environments, scenarios, and potential
emergencies. Conversely, a wholly competency-based framework may not
ensure a pilot receives such comprehensive exposure to foundational
aeronautical experience, particularly where a practical test cannot
encompass every flight scenario to confirm an independent determination
of competency. For example, an applicant for a commercial pilot
certificate is required to conduct aeronautical experience at night but
is not required to demonstrate competency during a practical test at
night.
In regard to commenters' reference to experience already held as a
helicopter or airplane pilot, as the FAA outlined in section V.E of
this preamble, this would not be wholly appropriate. Because a powered-
lift is essentially a hybrid aircraft, pilots who have completed
airplane training or helicopter training are not going to have 1:1
proficiency in a powered-lift. In other words, a pilot fully trained to
only airplane proficiency will not have experience in a vertical land
and takeoff regime and, conversely, a pilot fully trained to only
helicopter proficiency will not have experience in horizontal flight
regime. Furthermore, pilots who first received a pilot certificate in
an airplane or helicopter could have deeply ingrained tendencies due to
the law of primacy \187\ that can be very difficult to overcome. The
FAA notes that this could have a significant impact on a pilot
transitioning from airplane or helicopter to powered-lift. For example,
a pilot performing a circling approach is conducting a maneuver
requiring physical skills, while also cognitively evaluating
surroundings to manage the flight path and perform a safe landing in
the aircraft in which the circling approach is being conducted. During
this maneuver, the pilot must incorporate motor skills as well as
cognitive abilities to correlate the surrounding environment while
being able plan and execute an appropriate flight path to safely land
(i.e., considering possible interaction with other traffic, maintaining
clear of clouds while on the approach). If the applicant first learned
this in an airplane, and then was transitioning to conducting the task
in a powered-lift, what was first learned in the airplane would be in
the forefront of a pilot's actions. Checklists, procedures, and
maintaining positive control of the aircraft while executing this
maneuver in a different category of aircraft warrants training in the
aircraft on specific maneuvers to ensure the pilot has the skills
necessary to operate in the NAS.
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\187\ Pioneer of educational psychology, E.L. Thorndike
formulated three laws of learning in the early 20th century. These
laws are universally accepted and apply to all kinds of learning:
the law of readiness, the law of exercise, and the law of effect.
Since Thorndike set down his laws, three more have been added: the
law of primacy, the law of intensity, and the law of recency.
Primacy in teaching and learning, stipulates that what is learned
first, often creates a strong, almost unshakable impression and
underlies the reason an instructor needs to teach correctly the
first time. Aviation Instructor's Handbook, FAA-H-8083-9B (2020)
pages 3-11 through 3-12.
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Furthermore, the FAA disagrees that training wholly in a simulator
would effectively mitigate any negative transfer of learning present
due to the pilot's previous experience. Effective training under
realistic operating conditions and variability (i.e., in an aircraft
versus in a simulator) provides the operational experience necessary
for a pilot to overcome primacy. Simulator experience can present an
environment that helps develop a pilot's motor skills as well as their
cognitive skills to respond to a scenario. However, when obtaining a
category rating, the integration of motor skills with cognitive skills
is only fully attained to a level that mitigates any negative
tendencies due to the law of primacy when the pilot is provided the
opportunity to perform functions in the actual flight environment.\188\
Therefore, these possible proficiency gaps necessitate experience
specific to a powered-lift rather than fully crediting a pilot with an
airplane category or helicopter class rating with a powered-lift
category rating.
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\188\ The FAA recognizes this in a balance of crediting certain
experience, while also requiring specific experience relative to the
ratings and certificates a pilot is accomplishing. For example,
Sec. Sec. 61.129 (a)(4), 61.129 (b)(4), and 61.129 (c)(4) require
solo experience to be conducted in single-engine airplane,
multiengine airplane, or helicopter. Likewise, 10 hours of flight
training and specific cross country flights are required to be
accomplished in the specific category of aircraft required for
single-engine airplane, multiengine airplane, or helicopters by
Sec. Sec. 61.129 (a)(3), 61.129(b)(3), or 61.129 (c)(3)
respectively. The FAA has found it appropriate to codify these
existing requirements, as applicable to the ratings sought, and
finds these contributing human factors considerations are integral
to overcoming any negative learning effects from previous experience
a pilot may have in a different aircraft.
---------------------------------------------------------------------------
Additionally, the FAA does recognize the time that a helicopter or
airplane pilot has through prerequisites in the alternate framework and
generalized requirements in Sec. 61.129. For example, Sec.
61.129(e)(1) requires 100 hours in a powered aircraft, only 50 of which
must be in a powered-lift. Other than the requirement that the aircraft
used be a powered aircraft, the regulation does not specify which
powered aircraft the other 50 hours must be accomplished in. Therefore,
the other 50 hours could be accomplished in an airplane or helicopter.
Finally, an SFAR intended to facilitate operations of a new and
novel category of aircraft is not the appropriate place to implement a
new airman certification framework due to the lack of operational data
to illustrate that a novel framework would provide an equivalent level
of safety in initial pilot category training. For these reasons, this
final rule does not introduce a cycle-based or competency-based pathway
to initial powered-lift ratings at this time.
Safety Management System Processes
A4A stated that any effort to provide alternative flight time and
experience requirements should be vigorously vetted through the Safety
Risk Management (SRM) process.
The FAA uses a Safety Management System (SMS) to integrate the
[[Page 92346]]
management of safety risk into operations, acquisition, rulemaking, and
decision making. SMS consists of four components: Safety Policy, safety
risk management (SRM), Safety Assurance, and Safety Promotion \189\ The
FAA has its own established SRM policy, which supports the FAA's SMS by
providing the ability to consistently conduct SRM and provide safety
risk information to decision makers. The NPRM proposed 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. The FAA
has not identified any hazards with the narrowly tailored alternate
experience that would trigger the SRM process. Additionally, with each
alternate requirement proposed (and adopted in this final rule), the
FAA likewise proposed (and adopts) certain risk mitigations (e.g.,
extra cross-country flights, requirements that the alternate
requirements may only be utilized through approved training programs
with FAA oversight). Since the FAA can initiate SRM at any time through
its established policy, the FAA would initiate an SRM as necessary to
ensure risk is mitigated. For example, if it becomes apparent that a
specific hazard may exist because of the alternate experience, the FAA
would initiate an SRM to identify and assess hazards related to the
alternate flight time and experience requirements adopted in this final
rule.
---------------------------------------------------------------------------
\189\ FAA Order 8040.4C Safety Risk Management Policy.
---------------------------------------------------------------------------
The following sections briefly describe the proposed alternate
requirements and address any comments on that proposal. To note, where
the FAA did not propose and adopt an alternate aeronautical experience
or logging provision, the person must meet the applicable part 61
requirement, as appropriate.\190\
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\190\ See Sec. 194.215(b).
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1. Applicability of Alternate Requirements
Because the alternate eligibility requirements facilitate a degree
of relief from certain provisions in Sec. 61.129, the FAA proposed
certain prerequisites to ensure the applicant possesses extensive
flight experience and a solid foundational skill set in Sec.
194.215(a). Therefore, except for the alternate requirements for cross-
country discussed later in this section, to utilize the alternate
aeronautical experience and logging requirements for obtaining a
powered-lift category rating and instrument-powered-lift rating, the
FAA proposed a person already hold at least a commercial pilot
certificate with at least an airplane category and single-engine or
multiengine class rating or a rotorcraft category and helicopter class
rating. The FAA also proposed the person hold an instrument-airplane or
instrument-helicopter rating that corresponds to a category rating held
at the commercial pilot certificate level. Commenters generally
supported the parameters proposed in Sec. 194.215(a).
A4A, Archer, and Bristow supported the proposal that alternate
requirements be allowed only for pilots who already hold a commercial
pilot certificate and corresponding instrument rating for another
category of aircraft. Archer stated that the prerequisites offer a
meaningful skills and experience advantage that substantially mitigates
the challenge of training in aircraft that have different flight
control characteristics, and may have a single set of controls, but
share an operating environment and fundamental aerodynamics. Archer
further noted that possessing one category rating to enable eligibility
for another category rating is unprecedented but would constitute a
near-term enabler for innovation. The FAA agrees with the benefits
pointed out by commenters and emphasizes that, by virtue of holding
these certificates/ratings, the powered-lift applicant will have,
first, satisfied the respective aeronautical experience and training
requirements and, second, demonstrated flight proficiency and
competency through successful completion of the requisite knowledge and
practical tests. Additionally, the applicant will have valuable
practical experience, such as operating in the NAS, communicating with
ATC, interacting with other air traffic, and the duties and
responsibilities of acting as PIC of an airplane or helicopter.
One commenter questioned whether pilots of aircraft that operate
primarily in wing-borne flight should be eligible for powered-lift
designations in general given that they are unlikely to experience the
unique aerodynamic and handling qualities-related effects of aircraft
that generate thrust via proprotors. The commenter also provided
examples such as lateral darting, settling with power, untoward low
airspeed aerodynamic effects, and one thrust-producing device operating
within ground effect while the other is operating out of ground
effect.\191\ Another individual suggested prerequisites consisting of
an airplane category rating; rotorcraft category, helicopter class
ratings; and part 107 UAS certificate. The commenter acknowledged that
this would narrow the pool of eligible pilots but stated that initial
pilots with dual qualifications in addition to a part 107 UAS rating
would be the most adequately situated to inform industry in training
adaptation and procedures.
---------------------------------------------------------------------------
\191\ While the commenter did not specifically opine on the
alternate eligibility prerequisite itself, the FAA determined this
point is best adjudicated in relation to the prerequisites for the
alternate framework.
---------------------------------------------------------------------------
The unique aerodynamic and handling qualities of a powered-lift
necessitate specific powered-lift training and flight time, which is
why a pilot who operates primarily in wing-borne flight (i.e., an
airplane-rated pilot) must complete specific powered-lift aeronautical
experience requirements rather than being automatically eligible for a
powered-lift category rating solely on the basis of a prerequisite
certificate. The prerequisites for the alternate framework simply
function to ensure that an applicant has an advanced level of
aeronautical knowledge as a foundation before capitalizing on certain
relieving provisions. However, the FAA disagrees with the premise that
holding a remote pilot certificate issued under part 107 translates
into experience that should be credited or required in the
applicability of the proposed alternate requirements for manned
aircraft under this rulemaking. Part 107 applies to the registration,
airman certification, and operation of civil small UAS within the
U.S.\192\ To obtain a part 107 certificate, a person need only meet the
eligibility requirements of Sec. 107.61, which includes either (1)
passing an initial aeronautical knowledge test covering the areas of
knowledge in Sec. 107.73 or (2) completes training covering the areas
of knowledge in Sec. 107.74, if the person holds a part 61 certificate
(other than a student pilot certificate) and meets the flight review
requirements of Sec. 61.56. Several of these knowledge areas are
specifically tailored to small UAS that would not translate to
recognizable experience applicable to a powered-lift. For example,
effects of weather on small UAS performance and operations will be
handled differently by a remote pilot than the effects of weather \193\
on a large powered-lift with a pilot physically onboard the aircraft.
For these reasons, the FAA finds there would be little net benefit by
also requiring a part 107 small UAS rating on a person's pilot
certificate to the prerequisites of the alternate eligibility
framework.
---------------------------------------------------------------------------
\192\ Sec. 107.1.
\193\ Sec. Sec. 107.73(c) and 107.74(b).
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[[Page 92347]]
Therefore, the FAA adopts the requirement that a person must hold
at least a commercial pilot certificate with at least an airplane
category and single- or multi-engine class rating or a rotorcraft
category and helicopter class rating, and the corresponding instrument
rating (i.e., instrument-airplane or instrument-helicopter), to utilize
the alternate experience requirements (except for cross-country) in
Sec. 194.215(a).
2. Obtaining a Powered-Lift Category Rating on the Commercial Pilot
Certificate (Sec. 61.129(e))
Section 61.129(e) sets forth the aeronautical experience
requirements \194\ to obtain a commercial pilot certificate with a
powered-lift category rating. Section 61.129(e)(1) through (4) require
specific flight time, 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), resulting in at
least 250 hours of total flight time. These flight time requirements
specific to powered-lift, resulting from the 1997 final rule, largely
mirror the aeronautical experience requirements for airplanes.\195\
---------------------------------------------------------------------------
\194\ Section 61.123 prescribes the general eligibility
requirements for a commercial pilot certificate; paragraph (f)
requires an applicant to meet the aeronautical experience
requirements of subpart F (Commercial Pilots) that apply to the
aircraft category and class rating sought (i.e., Sec. 61.129).
\195\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, final rule, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------
By virtue of this rulemaking, and as extensively discussed in the
NPRM,\196\ the FAA acknowledges the lack of certificated powered-lift
in civil operations available in which pilots can build the necessary
flight time required in Sec. 61.129(e). Even with the introduction of
powered-lift into civil aviation, pilots will encounter an inability to
satisfy several of these requirements for a commercial pilot
certificate (and an instrument rating \197\), such as the required PIC
flight time in powered-lift in Sec. 61.129(e)(2)(i) and cross-country
experience in powered-lift in Sec. 61.129(e)(3) and (4). Additionally,
the logging requirements of Sec. 61.51(e) present obstacles for a
pilot who is not rated in a powered-lift to log PIC flight time in a
powered-lift.
---------------------------------------------------------------------------
\196\ See 88 FR 38946 at 38967 (June 14, 2023).
\197\ While this section discusses obtaining a powered-lift
category rating on a commercial pilot certificate, section V.F.3. of
this preamble discusses obtaining an instrument-powered-lift rating.
---------------------------------------------------------------------------
Therefore, the FAA proposed to enable certain applicants for a
powered-lift category rating on their commercial pilot certificate to
satisfy alternate aeronautical experience and logging requirements 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.
The FAA also proposed alternate requirements for cross-country flights,
which are generally applicable to all applicants for a commercial pilot
certificate with a powered-lift category rating.\198\ This section
discusses the adopted alternate framework in part 194 \199\ (i.e.,
alternate experience, logging, cross-country requirements, and
provisions facilitating FFS credit) and responds to comments.
---------------------------------------------------------------------------
\198\ Section V.F.4. of this preamble discusses alternate means
to satisfy the cross-country aeronautical experience requirements
for a private pilot certificate with a powered-lift category rating
and an instrument-powered-lift rating.
\199\ The FAA adopts these alternate eligibility requirements in
a temporary state in the SFAR to obtain operational data to properly
inform a permanent rulemaking in the future.
---------------------------------------------------------------------------
While the alternate framework is largely adopted as proposed in
subpart B to new part 194, the FAA determined the challenges presented
in obtaining PIC flight hours in a powered-lift necessitate further
relief in the context of hours required and available credit in an FFS,
as subsequently discussed. Section V.F.6. of this preamble provides
tables summarizing the adopted alternate requirements for persons
seeking a powered-lift category rating on a commercial pilot
certificate.
The FAA received many comments pertaining to the total amount of
hours of flight time in a powered-lift set forth by Sec. 61.129(e)(1)
and, second, the hours of PIC flight time in a powered-lift set forth
by Sec. 61.129(e)(2). The FAA did not propose an hour reduction to
either of these provisions in the NPRM. Because each of these
provisions apply to all populations of pilots under the SFAR (i.e.,
test pilots, instructor pilots, initial cadre instructors, and pilots
receiving training under an approved training program), this section
discusses the additional relief provided by this final rule to PIC
flight time in a powered-lift and available FFS credit. Subsequent
sections provide additional discussion applicable to specific pilot
populations.
Alternative Structured Options for Flight Time in Sec. 61.129(e)(1)
AWPC, GAMA, and Joby suggested reducing the requirement that a
pilot must log 100 hours in a powered aircraft, 50 of which must be in
a powered-lift.\200\ Each suggested structured alternatives in lieu of
the hour requirement. AWPC noted the commonality between ACS utilized
for training and testing and suggested that, in conjunction with the
prerequisites to utilize the SFAR, the FAA should approve a course that
is competency and training oriented rather than prescriptive time
building. AWPC suggested credit through an Initial Operating Experience
(IOE) or other SOE toward flight hours toward Sec. 61.129(e)(1).
Similarly, notwithstanding Joby's emphasis on eliminating the powered-
lift category rating as discussed in section V.A. of this preamble,
Joby suggested that the FAA facilitate other methods for obtaining
aeronautical experience prior to conducting commercial operations in
lieu of a category-based emphasis on time building. Joby specifically
stated that Sec. 61.129(e)(1) is not aligned with type-specific
training and experience in the SFAR. Joby contended supervised line
flying (SLF) requirements, including virtual observation or a
probationary period, would be appropriate in light of the broader
training program. Similarly, ADS recommended the FAA leverage the FSB
process to require post-qualification SLF. Finally, GAMA questioned the
net safety benefit of the requirement of Sec. 61.129(e)(1) flight time
in a powered-lift as mere time-building and urged the FAA to transition
away from Sec. 61.129(e)(1) time building and, instead, prioritize
scenario-based training in an FSTD through SLF and LOFT.
---------------------------------------------------------------------------
\200\ Sec. 61.129(e)(1).
---------------------------------------------------------------------------
The FAA does not find that activities such as SLF, IOE, or LOFT
achieve a level of safety for an initial powered-lift category rating
such that a full substitution is warranted. SLF, IOE, and LOFT are
tools utilized by an operator to transition a certificated pilot into
the operational environment specific to that operator (i.e., structured
flight training environments to line operations). For example, SLF is
typically conducted upon the introduction of equipment or procedures
for a specific pilot position and particular assigned duties within an
air carrier (e.g., introduction of a new system like ADS-B, RAAS, or
new operations like ETOPS), presuming the pilot is appropriately
certificated and
[[Page 92348]]
rated. To date, these tools are not tailored toward flight training
toward an initial category and type rating.
The alternatives suggested by commenters (i.e., SLF, IOE, and LOFT)
could all be used by certificate holders as supplementary to their part
135 operations. However, the FAA does not find that these programs
provide an equivalent or greater level of safety to the aeronautical
experience requirements set forth by part 61 such that a reduction in
flight time required for an initial powered-lift rating is justified at
this time. The requirement to obtain a certain amount of flight time in
the aircraft a pilot seeks a rating for is not a new or novel concept
unique to powered-lift. While the FAA anticipates challenges with the
traditional part 61 framework, the FAA finds the alternate
requirements, as adopted by this final rule, to be sufficient measures
in furthering powered-lift civilian operations. Additionally, because
there are no certificated powered-lift for civilian operations upon
which the FAA may base an overhaul of the traditional training time and
hours-based framework on, nor did commenters provide any data or
persuasive evidence, the FAA declines at this time to implement the
novel concept of category certificate elimination or credit of SLF,
IOE, and LOFT toward an initial rating.
Reduction of Powered-Lift Pilot-in-Command Time (Sec. 61.129(e)(2))
A person who applies for a commercial pilot certificate with a
powered-lift category rating must log at least 250 hours of flight time
consisting of at least, in pertinent part, 100 hours of PIC flight
time, which includes at least 50 hours in a powered-lift.\201\ Under
Sec. 61.51(e)(1), as relevant to this section, a pilot may log PIC
time only 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 is the sole occupant of the aircraft. While
the FAA explained in the NPRM, and still maintains, that the proposal
would permit pilots to log the time that meets the criteria in this
final rule retroactively,\202\ the FAA did not propose to decrease the
requirement to log 50 hours of PIC flight time in a powered-lift for
any pilot under the SFAR. Many commenters urged the FAA to implement a
provision reducing this requirement.
---------------------------------------------------------------------------
\201\ Section 61.129(e)(2).
\202\ To underscore, flight time that a pilot is currently
accruing, and has previously accrued, that meets the conditions
adopted in the SFAR may be applied toward the 50-hour requirement
when the pilot applies to take the practical test.
---------------------------------------------------------------------------
Many commenters stated that the 50-hour requirement in existing
Sec. 61.129(e)(2)(i) is simply a time-building requirement that does
not add value to a pilot's experience, especially where pilots under
the SFAR will have extensive prior PIC experience through virtue of the
prerequisite requirements. These commenters included: HAI, L3Harris,
AWPC, GAMA, Lilium, Archer, and Supernal.
Commenters stressed that the simplicity of powered-lift renders
time building of little value and questioned the net safety benefit of
a 50-hour requirement. For example, Archer proposed a 30-hour minimum
considering the unique capabilities of powered-lift, many of which
possess control frameworks that provide inherent hands-off stability.
Archer noted that many OEMs' reliance on battery electric driven
propulsions would make maneuver-centric repetition in aircraft training
difficult. Supernal emphasized the importance of the critical skill of
transitioning between vertical and on-wing flight as opposed to total
flight hours. Similarly, GAMA and L3Harris proposed a substitution like
that set forth in Sec. 61.159(b) whereby an applicant could perform a
certain number of powered-lift takeoffs and landings in lieu of a
certain amount of flight hours. Commenters also referenced commonality
between maneuvers required by the powered-lift Airmen Certification
Standards (ACS) and the airplane and helicopter ACS for purposes of the
prerequisite requirements set forth by Sec. 194.215. GAMA, Lilium, and
AWPC emphasized that this gives further credence to reducing the hour
requirement (i.e., because those pilots will have already demonstrated
proficiency in overlapped tasks by virtue of holding the prerequisite
ratings).
Additionally, commenters urged the FAA to consider the environment
within which training under the SFAR will occur to warrant a reduction
in hours. Specifically, AWPC and GAMA emphasized that training under
the SFAR would be conducted under an approved course under parts 135,
141, and 142, which require certain prerequisites to entry and a
standardized course of instruction. Commenters, including Archer,
likened this to courses under part 141, where the FAA approves certain
reduced aeronautical experience time compared to part 61. Specifically,
Archer noted that appendix I to part 141, (4)(c)(3) requires a minimum
of 30 hours of flight training to add a helicopter class rating to an
existing pilot certificate and urged the FAA to adopt similar
parameters.
Further, GAMA and AWPC cited the recent final rule, Recognition of
Pilot in Command Experience in the Military and Air Carrier
Operations,\203\ to support the premise that there is a lack of safety
benefit provided by a time-building approach. Specifically, the
commenters stated that the FAA explained in that final rule that time
spent in certain flight regimes in a military powered-lift was
equivalent to time in an airplane for the purposes of meeting specific
aeronautical experience requirements for an ATP certificate. Both
commenters stated that the minimum times should be linked to those
specified in Sec. Sec. 61.65(f) (aeronautical experience for the
instrument-powered-lift rating), 61.129(e)(3) (20 hours of training on
the areas of operation in Sec. 61.127(b)(5)), and 61.129(e)(4) (solo
flight time or flight time performing the duties of PIC with an
authorized instructor on board), which are training oriented rather
than time building, in conjunction with passage of a practical test to
ATP certificate standards to ensure equivalent level of safety.
---------------------------------------------------------------------------
\203\ 87 FR 57578 (Sept. 21, 2022).
---------------------------------------------------------------------------
Finally, several commenters emphasized that the 50-hour PIC flight
time in a powered-lift set forth by Sec. 61.129(e)(2)(i) would present
resource and cost challenges contrary to public interest. AWPC noted
that time building in a large, multi-engine turbine powered tiltrotor
would be contrary to public interest because of the consumption of
large quantities of fuel, especially at a time when the AAM industry is
making strides toward zero carbon emissions, in addition to other noise
impacts. Other commenters, such as Lilium, noted that electric aircraft
would have limited range and endurance capabilities that would make
accumulating time in an aircraft difficult. HAI stated that requiring
50 hours of PIC in a powered-lift would be overly burdensome and
unnecessary, especially considering the minimum qualifications a pilot
would have to hold would be at the commercial pilot certificate level.
HAI and GAMA expressed concern that the flight endurance and resource
limitations would extend each FSB process from six to nine months. They
further emphasized the challenges presented for OEM's where FSB members
would be required to travel long distances to conduct their duties.
First, the FAA does not agree that aeronautical experience is only
a time-building exercise but emphasizes that the aeronautical
experience
[[Page 92349]]
requirements are an iterative process to ensure a pilot has adequately
trained to proficiency while gaining a minimum level of experience to
be a safe pilot in the NAS. The FAA maintains the value in accruing
experience in the aircraft through minimum time requirements, as such
experience builds a pilot's ability to respond and make decisions in
unexpected conditions. For example, with respect to weather, some
research indicates, first, a lower level of pilot experience increases
accident rates versus incident rates during adverse weather events and,
second, increased experience results in better decision-making
abilities. The study also found that increased experience results in a
lower accident rate than subgroups that had less pilot experience when
studying actual occurrences related to adverse weather events.\204\
---------------------------------------------------------------------------
\204\ See Udo-Imeh, N. E., & Landry, S. J. (2021). Dimensions of
Pilot Experience and Their Contributing Variables. 63rd
International Symposium on Aviation Psychology, 376-384.
corescholar.libraries.wright.edu/isap_2021/63.
---------------------------------------------------------------------------
However, in light of commenters' contentions, the FAA reevaluated
the amount of time required by Sec. 61.129(e)(2)(i) for those pilots
using the alternate framework set forth by the SFAR. Specifically, the
FAA compared the experience requirements in existing Sec. 61.129 for
airplanes (Sec. 61.129(a) and (b)) and helicopters (Sec. 61.129(c))
related to those required for a powered-lift rating (Sec. 61.129(e)).
An applicant must have 50 hours of PIC flight time in an airplane when
applying for an airplane single-engine rating and multiengine rating;
\205\ for a helicopter class rating, however, an applicant must only
log 35 hours of PIC flight time in the helicopter class to be eligible
for a commercial pilot certificate. As discussed, to receive a powered-
lift rating at the commercial pilot certificate level, a pilot would
need 50 hours of PIC time in a powered-lift, which aligns with the time
requirement for airplanes.
---------------------------------------------------------------------------
\205\ Sec. Sec. 61.129(a)(2)(i) and (b)(2)(i).
---------------------------------------------------------------------------
While the NPRM did not propose to reduce the hours set forth in
Sec. 61.129(e)(2)(i), it proposed to allow pilots under the SFAR
receiving training from a certificate holder to credit up to 15 hours
of PIC time obtained in a Level C or higher FFS toward the 50-hour PIC
requirement.\206\ However, after reconsidering the hybrid nature of a
powered-lift in relation to the prerequisites \207\ and requirements
set forth under the alternate framework and weighing the current
requirements in Sec. 61.129 for a commercial certificate for powered-
lift, airplanes, and helicopters, the FAA agrees that a reduction in
flight hours as PIC in a powered-lift under the SFAR would sufficiently
ensure pilots are proficient in the duties of a PIC operating a
powered-lift and alleviate some of the burden posed for operators of a
powered-lift without jeopardizing safety.
---------------------------------------------------------------------------
\206\ See proposed Sec. 194.223(c).
\207\ Specifically, to use the SFAR's alternate framework, a
person must 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 will 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.
---------------------------------------------------------------------------
When determining the amount of reduced time, the FAA specifically
considered a reduction to align with the PIC time in a helicopter. The
FAA maintains that a powered-lift is essentially a hybrid between an
airplane and helicopter While part 61 does not traditionally facilitate
any category-to-category reduction in PIC aeronautical experience, the
hybrid status of a powered-lift, in conjunction with the mitigations
discussed herein and certain operational symmetry between helicopter
and powered-lift, substantiate the alignment of powered-lift PIC time
to helicopter PIC time for pilots under the SFAR.\208\ While the FAA's
position is that powered-lift are, for practical purposes, operated
largely like airplanes, key operational differences necessitate closer
alignment with helicopter requirements for the purposes of airman
certification than alignment with airplane requirements.
---------------------------------------------------------------------------
\208\ By virtue of a person holding the prerequisites as set
forth in 194.215(a), the person would have accrued experience in
horizontal flight or vertical land and take off such that regardless
of the category the person holds, the person will have some degree
of PIC experience in a powered-lift flight regime. Conversely, a
person who holds, for example, an airplane category rating who seeks
a rotorcraft category rating will only possess experience in a
horizontal flight regime, inapplicable to the flight regime
experienced in rotorcraft. The FAA notes that, while this time is
valuable and applicable to powered-lift experience and operations,
thereby warranting a reduction in PIC flight time as explained
herein, actual experience in the category of aircraft (i.e., a
powered-lift) is essential to attaining full proficiency in the
powered-lift where aeronautical knowledge and operational gaps will
exist by virtue of operation in another category of aircraft (e.g.,
an airplane category pilot will have no experience with vertical
land and takeoff). Additionally, see section V.F. of this preamble
for additional discussion on primacy effect.
---------------------------------------------------------------------------
Specifically, as noted by commenters, powered-lift operations will
be of shorter range, resulting in condensed critical phases of flight
as compared to airplanes, which should be reflected in the training
footprint. Given that powered-lift training flights and commercial
operations will generally consist of shorter range distances, combined
with the advanced technology detailed by the commenters (e.g., hands-
off capabilities, advanced automation, Simplified Vehicle Operations),
the reduction in flight time will not negatively affect safety because
applicants will conduct a substantial number of takeoffs, transitions
from vertical and on-wing flight, and landings (i.e., the critical
phases of powered-lift flight) within 35 hours, similar to helicopters.
Conversely, airplanes inherently possess longer range capabilities,
resulting in less burden to reach the 50-hour PIC time in an airplane
and longer cross-country horizontal flight opportunity.
Finally, applicants seeking a commercial certificate with a
powered-lift category rating must conduct their training under an
approved training program under part 135, 141, or 142 under the SFAR to
qualify for this PIC relief. As noted by commenters, appendix D to part
141, which sets forth the minimum curriculum for a commercial pilot
certification course, and appendix I, which sets forth the minimum
curriculum for an additional aircraft category rating course, generally
facilitate a reduced hour footprint than the corresponding certificates
in part 61. This relief is largely due to the greater oversight,
structured training program, dedicated training facilities, and FAA-
approved curriculum offered at the part 141 pilot school. The FAA finds
that the approved part 135, 141, and 142 programs under which an SFAR
pilot would receive training offer the same safeguards (e.g.,
oversight, structure, etc.) for certain reduced footprints such that a
similar degree of relief may be offered for these approved programs
without a reduction in safety.
Therefore, the FAA is reducing the total hours of PIC in the
powered-lift from 50 hours to 35 hours to situate pilots seeking a
powered-lift rating under the SFAR more similarly on their commercial
pilot certificate to those that are attaining a helicopter rating on
their commercial pilot certificate. Notwithstanding the eligibility
requirement specified in Sec. 61.123(f), new Sec. 194.216(a) will
permit an applicant for a commercial pilot certificate with a powered-
lift category rating under Sec. Sec. 194.217, 194.219, 194.221, or
194.223 to log 35 hours of pilot-in-command flight time in a powered-
lift in lieu of the aeronautical experience requirement of Sec.
61.129(e)(2)(i) (i.e., 50 hours). In turn, this requires minor
revisions to the reg text as proposed in those alternate experience
provisions (Sec. Sec. 194.217, 194.219, 194.221, and 194.223). Because
Sec. 194.216(a) renders Sec. 61.129(e)(2)(i) inapplicable to pilots
under the SFAR
[[Page 92350]]
seeking a commercial pilot certificate with a powered-lift category
rating, the FAA finds it necessary to replace references proposed in
part 194 from Sec. 61.129(e)(2)(i) to Sec. 194.216(a). This cross-
reference replacement is adopted in: Sec. Sec. 194.217(b)(3),
194.217(c), 194.219(b)(3), 194.219(c), 194.221(b)(3), 194.221(c), and
194.223(c).
The FAA notes this relief is only permitted under the limited
circumstances set forth by the SFAR with the discussed mitigations and
does not make a permanent change to Sec. 61.129(e)(2)(i). As discussed
in section I.G. of this preamble, the benefit of the SFAR is to collect
information over the lifespan of the temporary regulations. The FAA
intends to use the time to determine whether a permanent change to
Sec. 61.129(e)(2)(i), congruent to PIC flight time in a helicopter, is
justified in part 61. Additionally, as discussed further in the
subsequent section of this preamble, this final rule will allow for 15
hours in a Level C or higher FFS to be credited toward the PIC
requirement of Sec. 194.216(a) and expands this relief to all pilots
under the SFAR.
Relatedly, the FAA agrees with GAMA and AWPC that a similar concept
was promulgated in the final rule Recognition of PIC Experience in the
Military and Air Carrier Operations, although the two are not
synonymous scenarios such that the traditional approach of garnering
time in the aircraft is not warranted from a safety perspective. The
Recognition of PIC Experience final rule allowed military pilots to
credit flight time in a powered-lift while operated in horizontal
flight only toward the requirements of Sec. 61.159(a)(5) (i.e., an
airplane category rating). This change was to assist military pilots of
powered-lift in qualifying for an ATP certificate in the airplane
category supported by the premises that, first, a military pilot will
have two to five times the amount of PIC time required by the
regulation; second, military powered-lift pilots receive training and
qualifications in airplanes prior to transitioning to a powered-lift;
and, third, the comprehensive and demanding nature of military pilot
training and military assessment of flight proficiency.\209\ These
premises are not synonymously applicable to the qualifications required
for the operations enabled by this SFAR.
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\209\ 87 FR 57578 at 57580 (Sept. 21, 2022).
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While not the basis for the FAA's decision to reduce the PIC flight
time, the FAA finds that this reduction will address commenters'
concerns about resources and cost to the training provider. To the
extent that commenters suggested noise impacts would be implicated
because of the additional time required to operate an aircraft toward
pilot certification, the FAA notes that these aircraft will still be
required to meet the noise requirements of part 36; noise
considerations are further discussion in section IV.B. of this preamble
(``Noise Certification'').
Expansion of FFS Credit Toward PIC Flight-Time Requirements
Currently, Sec. 61.129(i) permits a certain amount of credit for
use of an FSTD to certain aeronautical experience requirements.
Specifically, in pertinent part, Sec. 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 a powered-lift rating,
provided the aeronautical experience was obtained from an authorized
instructor in an FFS or FTD that represents the powered-lift category
and type. 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 a powered-lift rating, provided the
aeronautical experience was obtained from an authorized instructor in
an FFS or FTD that represents the powered-lift category and type.
To allow for more flexibility and to foster the development of an
initial cadre of powered-lift pilots, the FAA proposed to temporarily
permit certain time obtained in a Level C or higher FFS to be credited
specifically toward the 50-hour PIC flight time requirement in Sec.
61.129(e)(2)(i) in addition to the permitted use of credit in Sec.
61.129(i). Specifically, to mitigate any risk with increasing
creditable FFS time, the relief as proposed would have only applied to
the group of pilots receiving training from an approved training
program under the SFAR provided (1) the aeronautical experience was
obtained performing the duties of PIC in a Level C or higher FFS
representing the powered-lift category and (2) the FFS sessions were
conducted in accordance with an approved training program under part
135, 141, or 142.\210\
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\210\ See proposed Sec. 194.223(d). This relief was also
proposed for those pilots receiving training under an approved
training program leading to an instrument-powered-lift rating in
proposed Sec. 194.231(c). Section V.F.3. of this preamble discusses
the instrument-powered-lift alternate experience requirements
proposed and adopted in the SFAR.
---------------------------------------------------------------------------
The FAA did not receive any comments directly opposing crediting of
time in this manner. In fact, several commenters commended the FAA on
the approach in Sec. 194.223(d) to credit aeronautical experience in
this manner, citing limited range and endurance in the aircraft itself
that could hinder the ability to perform repetitive, maneuver-centric
training in the aircraft. However, many commenters who supported
reducing the PIC time in a powered-lift also proposed the FAA permit
the credit of even more time in an FFS toward the PIC time in a
powered-lift. These commenters generally emphasized that FSTDs provide
realistic, controlled training environments especially useful for
training on abnormal and emergency procedures and specific operational
scenarios. Commenters suggested crediting 35 hours of PIC time in the
FFS, thereby only requiring 15 hours of PIC flight time in the powered-
lift in flight (under the premise of the proposal retaining the 50
hours of PIC time in a powered-lift requirement) or permitting all PIC
flight time in the FFS. Commenters included: Archer, Lilium, Bristow,
GAMA, Supernal, and Flight Safety International.
Commenters also urged the FAA to consider widening the scope from
FFS to FSTD. Supernal recommended the FAA maximize the use of flight
training devices and flight simulators used for proficiency and
examinations and generally agreed with the need for high fidelity
simulators utilized for training and qualification of a person seeking
a powered-lift type rating. Archer agreed with the FAA's approach to
credit 15 hours of flight training in an FSTD, but suggested the FAA
should consider Level 6 FTD devices or higher to be considered in this
credit. Archer stated that FTDs qualified under part 60 would encourage
a more widespread application of innovative devices, ensuring training
remains affordable and accessible for a broader range of operators.
Archer described FTDs as offering a balanced approach to training
through realistic simulation at a fraction of the cost of Level C or
higher FFSs. Additionally, Archer stated that requiring a Level C FFS
for PIC aeronautical experience does not align with regulations that
offer flexibility and efficiency by use of an FTD such as Sec. Sec.
61.64, 61.129(i), 141.41, and 142.59.
CAE, FlightSafety International, BETA, UPS Flight Forward,\211\ and
L3Harris also requested the FAA amend
[[Page 92351]]
the proposal to include any FSTD acceptable to the Administrator or
that meets the equivalency of a Level C FFS rather than specify Level C
FFS only. BETA suggested consideration of non-motion or 3-degree-of-
freedom platforms for creditable training and evaluation.
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\211\ UPS FF specifically drew comparisons to part 121 AQP
advances with FTDs of a lower level.
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As discussed in the preceding section of this preamble, this final
rule reduces the amount of PIC flight time in a powered-lift from 50
hours to 35 hours. The FAA does not find a reasonable basis to allow a
greater amount of credit than 15 hours, nor has the FAA received any
compelling data on why a higher hourly amount of simulator training
would provide an equivalent level of safety. The FAA finds that the
operation of an aircraft in the NAS when adding a foundational category
rating to a pilot certificate is important because FSTDs cannot fully
replicate the operational experience a pilot receives in the actual
flight environment, including, but not limited to, interaction with
other aircraft, decision making experience and familiarity with actual
air traffic control environment.
In the proposal, the FAA intended to permit 30% of training in a
Level C or higher FFS. While the FAA does not see a reason to reduce
this amount in light of the total reduced PIC flight time in a powered-
lift, particularly given considerations of abnormal and emergency
procedures training opportunities afforded by simulation, the FAA notes
that training in a Level C or higher FFS could now account for
approximately 43% of the required time. Therefore, because time in an
FFS that may be credited toward the PIC flight time in a powered-lift
accounts for a larger footprint, the FAA finds that commenters'
concerns pertaining to limited ranges, cost, and accessibility are
addressed.
Additionally, after consideration of comments, the FAA does not
find a reasonable basis to limit the population of pilots that may use
this crediting provision. Under the proposal, an applicant for a
commercial pilot certificate with a powered-lift category rating could
only credit the 15 hours toward the 50-hour PIC flight time
requirements in Sec. 61.129(e)(2)(i), in relevant part, in accordance
with an approved training program under part 135, 141, or 142. However,
the FAA finds it appropriate to generalize the provision to all pilots
under the SFAR: a manufacturer's test pilots and instructor
pilots,\212\ FAA test pilots and ASIs,\213\ initial cadre flight
instructors, and pilots receiving training under an approved training
program. This final rule moves the framework of the provision from
proposed Sec. 194.223(d) to Sec. 194.216(b) to apply to all pilots
under the SFAR, in accordance with the manufacturer's proposed training
curriculum, manufacturer's approved training curriculum, or approved
training program under part 135, 141, or 142, as applicable to the
pilot.
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\212\ A powered-lift at the manufacturer will be actively
working through the type-certification process with the experimental
powered-lift and, therefore, the aircraft will not be type
certificated when instructor pilots and test pilots operate the
aircraft. Absent a type-certificate, the simulator would not be
fully qualified under part 60 (see Sec. 60.13). This provision
expands FFS credit to instructor pilots, test pilots, FAA test
pilots, and FAA ASIs at the experimental aircraft stage, even though
an FFS may not be fully qualified at that time, because the FFS
could receive interim qualification. An instructor pilot or test
pilot could, therefore, credit time in the interim qualified FFS.
\213\ See section V.F.3.i.c. of this preamble for discussion on
the addition of FAA test pilots and ASIs to the alternate framework
under the SFAR.
---------------------------------------------------------------------------
However, the FAA maintains that credit is only appropriate for that
time in a Level C or higher FFS. As discussed in section IV. C. of this
preamble, the FAA described that a Level C FFS provides the minimum
level of fidelity and motion cueing to replicate the environment for
the time in which a pilot would normally be logging PIC time in the
aircraft.\214\ FFSs qualified below a Level C FFS are typically not
qualified for takeoff, landing, and taxi tasks for initial pilot
training and have less stringent system latency requirements,
ultimately resulting in slower responsiveness of the simulation,
reduced visual system fields of view, and no minimum requirements for
daylight or dusk visual scenes. These differences contribute to a lower
level of fidelity of the simulation that would result in an overall
lower level of immersion during a simulation event. Therefore, the FAA
declines to broaden credit to Level A and B FFSs.
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\214\ This rule does not preclude an applicant from crediting
aeronautical experience as allowed in Sec. 61.129(i) toward a
powered-lift rating. The FAA is allowing PIC aeronautical experience
to be conducted in a Level C FFS or higher.
---------------------------------------------------------------------------
Further, the FAA disagrees that FTDs would be adequate to warrant
credit for PIC aeronautical experience at this time because an FTD
meets lower thresholds than an FFS when qualified in accordance with
part 60, resulting in a device characterized by a lower level of
immersion and fidelity than that characterized in a Level C FFS or
higher. Most levels of FTDs do not require a visual system and are not
qualified to conduct takeoff, landing, and taxi training tasks,
limiting their effective use for gaining PIC aeronautical experience.
Without a visual display system, the PIC is unable to replicate
taxiing, takeoffs, landings, and other aspects of a full flight in the
aircraft which require a visual representation outside the aircraft.
These are necessary tasks that would normally be conducted during a
pilot's accumulation of PIC experience.
A Level 7 FTD is the only level of FTD that has a minimum
qualification requirement for a visual display system. However, while a
Level 7 FTD does have a visual display system and would be able to
provide the necessary visual representations, unlike a Level C FSS or
higher, a Level 7 FTD does not require a motion system. Therefore, the
Level 7 FTD is not capable of replicating the spatial orientation a
pilot would experience in the aircraft. Spatial orientation is the
natural ability to maintain body orientation or posture in relation to
a surrounding environment at rest and during motion. Humans inherently
maintain spatial orientation on the ground, so the three-dimensional
environment of flight is unfamiliar to the human body and creates
sensory conflicts and illusions that make spatial orientation difficult
to achieve in certain scenarios. As such spatial orientation is an
important part of the environment a pilot experiences during flight and
is an important part of the experience gained through training due to
the risks of spatial disorientation during flight.\215\ Training
devices that do not utilize a motion queuing system are not able to
replicate the unique environment in which the human body experiences
sensory conflicts due to being aloft in a three-dimensional
environment. Training in a Level C FFS or higher provides these
important environmental experiences. Therefore, because of these
differences and the concerns regarding pilot immersion, the FAA is
retaining the requirement for a Level C or higher FFS to be utilized
toward the PIC aeronautical experience.\216\
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\215\ See FAA Aeromedical Safety Brochure, Spatial
Disorientation: Why You Shouldn't Fly By the Seat of Your Pants; FAA
Medical Brochure Visual Illusions. Available at www.faa.gov/pilots/safety/pilotsafetybrochures.
\216\ The FAA notes that use of a flight training device or
flight simulator is still available as permitted in Sec. 61.129(i).
The ability to credit time spent in a Level C or higher FSS toward
PIC time in a powered-lift would apply only to applicants utilizing
the alternate experience requirements contained in Sec. 194.216(b).
---------------------------------------------------------------------------
If industry can formulate an equivalent training footprint due to
advancements in technology, the FAA would consider it at a future date.
However, currently there are not sufficient levels of advancement in
technology for the FAA to approve a lower qualified FSTD toward the
requirements in this SFAR to be
[[Page 92352]]
incorporated into the FAA's developed training footprint. The FAA notes
that should advancements in technology warrant any further relief, a
sponsor of such a device could petition the FAA for exemption in
accordance with part 11.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for a Powered-lift Category Rating
Several manufacturers are currently pursuing a type certificate for
powered-lift, which requires developmental and certification flight
tests to establish the aircraft meets the applicable certification
standards pursuant to Sec. 21.35.\217\ To facilitate certification
activities, manufacturers utilize test pilots who design, develop, and
test the aircraft's systems and components. Additionally, manufacturers
use instructor pilots to develop and validate the training for the
experimental powered-lift.\218\ The duties that these instructor pilots
and test pilots perform exceed those of a pilot operating in a normal
flight environment, which results in these test pilots and instructor
pilots gaining significant experience in a particular powered-lift and
intricate knowledge of the aircraft's systems and components.
Therefore, the FAA proposed alternate experience requirements for
qualifying test pilots and instructor pilots at an OEM to create an
initial cadre of powered-lift pilots in proposed Sec. Sec. 194.217 and
194.219.\219\ The FAA determined these individuals would hold the most
experience due to their issuance of an LOA to act as PIC during
experimental aircraft operations, development of manufacturer's
training program, and intricate knowledge of the aircraft's systems and
components.\220\
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\217\ To facilitate flight tests for a non-certificated
aircraft, the FAA issues an experimental certificate to the aircraft
for research and development and showing compliance with the FAA's
regulations. See Sec. 21.191.
\218\ In this case, an experimental certificate is issued for
the purpose of crew training. See Sec. 21.191.
\219\ Specifically, under Sec. Sec. 194.217(a) and 194.219(a),
as adopted, 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.
\220\ See section V.G.i.d. of this preamble for the addition of
FAA test pilots and ASIs to the alternate framework adopted by this
final rule.
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A4A supported this proposed approach to providing an alternate
pathway for powered-lift pilot certification. A4A emphasized that using
manufacturer pilots to develop necessary crew training would provide
the best option for the initial cadre of powered-lift flight
instructors and supported amendments to better meet the challenges of
introducing a new category of aircraft. AWPC stated that the proposed
SFAR provides a reasonable alternate pathway for OEM test pilots and
instructor pilots. This section first adjudicates broader comments
pertaining to test pilots and instructor pilots. The subsequent
sections discuss each of the proposed alternate requirements and
respond to related comments.
Eve generally opposed the SFAR proposal for the certification of
test pilots and instructor pilots, partially on the basis of urging the
FAA to align with ICAO Annex 1, section 2.1.1.4. Additionally, Eve
stated the FAA should recognize the experience and duties of instructor
and test pilots and authorize these pilots to (1) deliver training to
FSB pilots and the initial cadre of instructors in part 141, 142, and
135 training programs \221\ and (2) receive the powered-lift type
rating automatically. Eve also disagreed with the proposal to permit
test pilots to be trained by the instructor pilot as unreasonable on
the premise that once a powered-lift category rating is not required
(i.e., if the FAA eliminated the category rating and fully aligned with
ICAO Annex 2.1.1.4 in this final rule), it would be nonsensical to
require the instructor pilot to train the test pilot. Additionally, an
individual commenter stated that the FAA's allowance for manufacturers'
test pilots to function as an instructor pilot could be problematic if
they do not understand broader issues related to the nuances of
powered-lift operations and operating multi-engine machines close to
the ground in complex aerodynamic environments.
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\221\ The FAA notes that test pilots and instructor pilots would
be the persons providing training to the FSB pilots and initial
cadre of instructors in parts 141, 142, and 135 training programs
under proposed Sec. Sec. 194.221, 194.223, 194.229, and 194.231.
---------------------------------------------------------------------------
First, this final rule does not implement ICAO Annex 1, section
2.1.1.4 for those reasons stated in section V.A. of this preamble. In
this SFAR, the FAA sought to leverage the experience and duties of test
pilots and instructor pilots to create an initial cadre of powered-lift
pilots because these individuals are the most qualified initially given
their significant experience in a particular powered-lift and intricate
knowledge of the aircraft's systems and components. However, the FAA
does not agree that granting a rating automatically on the basis of a
test pilot or instructor pilot's duties, responsibilities, and
experience would be appropriate without demonstration of proficiency on
a practical test.
Although these instructor pilots and test pilots have significant
experience as part of the pilots' duties for the manufacturer, the
practical test serves as a necessary assessment to ensure proficiency
in the skills required to operate an aircraft in the NAS. In addition
to the foundational element of establishing a pilot meets baseline
proficiency standards, the practical test, which aligns with the
applicable ACS, may subject a pilot to a skill or tasks that the pilot
would experience in the NAS, but may not necessarily experience in the
pilot's day-to-day operations as an instructor pilot or test pilot at
the manufacturer. In other words, the practical test is essential to
ensuring every pilot within the NAS has demonstrated the same
knowledge, skill, and ability to operate the aircraft in many different
scenarios. Most applicants for a certificate or rating are not excepted
from a practical test, regardless of the pilot's experience or
professional position, and instructor pilots and test pilots for
powered-lift should not be treated differently.\222\ For these reasons,
the FAA has determined that the test pilots and instructor pilots must
still demonstrate proficiency on a practical test to receive a rating
under part 61. The FAA notes that FAA FSB members are equally subject
to the practical test requirements to obtain an LOA and subsequent type
rating once the type rating is established.\223\
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\222\ The FAA notes that there are limited circumstances that an
applicant may apply for a pilot certificate without taking a
practical test. Pursuant to Sec. 61.73, an applicant may apply on
the basis of his or her military pilot qualifications and receive a
commercial pilot certificate with appropriate aircraft category,
class, instrument rating and type rating so long as the pilot has
received this qualification in the Armed Forces and presents
evidentiary documentation in accordance with Sec. 61.73(b) and (h).
The FAA allows for this to be conducted without a practical test
because applicants in accordance with Sec. 61.73 accomplish
extensive flight training and checking in the respective aircraft
they receive qualification in for the Armed Forces. If a civilian
equivalent of a powered-lift utilized by the Armed Forces emerges,
an applicant could be granted the type rating without a practical
test as well, as long as the powered-lift has been recognized to be
comparable in FAA Order 8900.1, Volume 5, Chapter 2, Section 19,
Table 5-88. Similarly, pursuant to Sec. 61.75, an applicant may
apply for a private pilot certificate if that person meets the
requirements of Sec. 61.75, holds a foreign pilot license without
an ICAO limitation, holds a medical certificate under part 67, and
is able to read, speak, write, and understand the English language.
The FAA recognizes that an applicant who holds a pilot certificate
granted in accordance with their country's respective CAA have also
trained and tested to receive their foreign certificate. Therefore,
an applicant may forgo a practical test, but only to receive a U.S.
private pilot certificate.
\223\ Additionally, the FAA notes a challenge for these pilots:
under Sec. 61.51(e) they are unable to log time in which they act
as PIC in accordance with an LOA issued by the FAA because they
don't hold the powered-lift category on their respective pilot
certificates. In this SFAR, the FAA alleviates this challenge by
leveraging the experience gained by test pilots, instructor pilots,
and ASIs acting as PIC in accordance with an LOA for a powered-lift
that is in the experimental phase of its type certification by
permitting those pilots to log this time as PIC flight time toward
ratings required by part 61.
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[[Page 92353]]
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, as defined in Sec. 61.1, on the areas of
operation listed in Sec. 61.127(b)(5). A test pilot and an instructor
pilot at the manufacturer will possess extensive experience with the
powered-lift; however, their flight time would not be considered to
meet paragraph (e)(3) because they would not receive the flight
training from an authorized instructor. Therefore, the FAA proposed
alternate provisions set forth by Sec. Sec. 194.217(b)(1) and (2) and
194.219(b)(1) and (2). The provisions are adopted as proposed.
First, a test pilot will be permitted to meet the 20 hours of
training on the areas of operation in Sec. 61.127(b)(5) in an
experimental powered-lift at the manufacturer with an instructor pilot
rather than with an authorized instructor in Sec. 194.217(b).\224\
Likewise, the instructor pilot who provides the proposed training
curriculum will be permitted to credit the time providing the training
toward Sec. 61.129(e)(3) pursuant to Sec. 194.219(b). In both cases,
the manufacturer's proposed training curriculum would be required to
include 20 hours of training on the areas of operation set forth in
Sec. 61.127(b)(5), aligning with the corresponding requirement in
Sec. 61.129(e)(3). To verify the training, Sec. 194.217(b)(1)(ii)
will 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. Similarly, Sec.
194.219(b)(1)(ii) will 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).
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\224\ 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.
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Relatedly, Sec. 61.129(e)(3)(iv) requires an applicant to 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; the lack of authorized instructors
as defined in part 61 creates the same problem as previously discussed.
To enable the test pilot or instructor pilot to take the practical test
after completing or providing the manufacturer's proposed training
curriculum, Sec. Sec. 194.217(b)(2) and 194.219(b)(2) will permit the
preparation for a practical test to be completed with an instructor
pilot rather than an authorized instructor, as required by part 61.
While the test pilot would receive the three hours from an instructor
pilot, an instructor pilot would be required to receive the three hours
from another instructor pilot. 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). Section 194.213 will permit the applicant to obtain
such endorsement from an instructor pilot rather than from an
authorized instructor (see section V.F. of this preamble for additional
discussion on Sec. 194.213).
Lilium opposed the proposed requirement for test pilots to be
qualified by a manufacturer instructor pilot following the completion
of 20 hours of training in accordance with the manufacturer's proposed
training curriculum.\225\ Lilium contended the additional training
would be unnecessary and add undue time and cost to the development
process. Lilium stated that, instead, the FAA should consider adoption
of the test pilot qualification requirement set forth by EASA FCL.725,
paragraph (e), which permits test pilots involved in the development,
certification, or production flight tests for an aircraft type to apply
for the relevant type rating after completing either 50 hours of total
flight time or 10 hours of flight time as PIC on test flights.
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\225\ Additionally, Lilium recommended that the FAA amend Sec.
61.129(e)(3)(iv) to permit the three hours of preparation for the
practical test to be conducted in an FSTD for all pilot populations
under the SFAR. Lilium did not provide any rationale for such relief
outside of referencing that Sec. 61.129(e)(3)(iv) would inherently
require dual controls in the aircraft. The FAA addresses powered-
lift with single controls and Lilium`s recommendation in section
V.D. of this preamble.
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The FAA notes that the 20 hours of training time set forth by Sec.
61.129(e)(3) could be concurrently accomplished within the testing
program of developing a powered-lift to meet requirements outlined in
the type certification process, not necessarily following the
completion of a manufacturer's proposed training curriculum.
Additionally, the FAA noted in the NPRM that the SFAR would permit
pilots to retroactively log time that meets the criteria adopted by
this final rule. Therefore, a pilot could log all time within the life
of the pilot's career as a powered-lift instructor or test pilot that
meets the requirements in this final rule for a commercial pilot
certificate with a powered-lift category rating and the applicable type
rating. While powered-lift are currently in various stages of
development and testing, the FAA finds that 20 hours of training
consisting of the areas of operation required for all applicants for a
commercial pilot certificate does not constitute an undue burden in the
consideration of (1) the role of a powered-lift manufacturer in
developing associated training curriculum in general and (2) a test
pilot or instructor pilot's expected career at a manufacturer.
Therefore, the FAA finds these considerations negate Lilium's assertion
that additional time would result in a substantial time and cost
burden.
The FAA does not find EASA's provision FCL.725(e) to be similarly
situated to the existing FAA's test pilot framework or the alternate
requirements set forth by the SFAR. EASA stipulates in FCL.725 that
pilots holding a flight test rating issued in accordance with FCL.820
who were involved in development, certification, or production flight
tests for an aircraft type, and have completed either 50 hours of total
flight time or 10 hours of flight time as PIC on test flights in that
type, shall be entitled to apply for the issue of the relevant type
rating, provided that they comply with the experience requirements and
the prerequisites for the issue of that type rating, as established in
FCL subpart H (Class and Type Ratings) for the relevant aircraft
category.
FCL.820 outlines the requirements for a flight test rating. Under
EASA regulations, pilots may only act as a PIC in certain category 1 or
2 flight tests if they hold a flight test rating.\226\ Applicants for
the first issuance of a flight test rating must also (1) hold at least
a commercial pilot license (CPL) and an instrument rating (IR) in the
appropriate aircraft category, (2) have completed at least 1,000 hours
of flight time in the appropriate aircraft category, of which at least
400 hours must have been as PIC, and (3) complete a training course at
an EASA-approved training program appropriate to the intended
[[Page 92354]]
aircraft and category of flights.\227\ Therefore, these pilots already
have this base level of flight proficiency before FCL.725 provisions
for a type rating apply, which far surpass the requirements in part 61
for the issuance of an initial pilot certificate with powered-lift
category rating. For example, to gain this experience in airplanes,
Alternate Means of Compliance (AMC1) FCL.820 states that competency-
based courses should include 350 hours of ground training, 100 hours of
flight test training of which 15 flights should be made without an
instructor on board. Additionally, the curriculum should include
elements on theoretical knowledge, flight test techniques and flight
training.\228\
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\226\ FCL.820(a) and (b).
\227\ FCL.820(d).
\228\ AMC1 FCL.820(d), Condition 1 courses for aeroplanes.
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The FAA contends that implementing the requirements of FCL.820
would result in extensively more burdensome requirements than the FAA's
alternate means of compliance for a test pilot (and instructor pilot)
to obtain powered-lift ratings in this SFAR. The FAA's test pilot
framework differs from that of EASA's in that while a part 141 school
has guidelines for test pilot training in appendix K to part 141, that
training does not result in a flight test pilot rating. Therefore, if
the FAA were to align its approach with the requirements of FCL.725(e),
the FAA would need to require significantly more ground and flight
training of the test pilot and instructor pilot than is currently
afforded in this SFAR.
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 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 toward the flight time requirement in Sec. 61.129(e)(2),
which requires 100 hours of PIC flight time. As previously discussed,
the requirement for an authorized instructor defined under part 61
presents a problem for test pilots and instructor pilots; therefore,
the FAA proposed Sec. Sec. 194.217(b)(3) and 194.219(b)(3), with no
comments received. The provisions are adopted as proposed.
Therefore, to preserve the option of obtaining solo flight time,
Sec. Sec. 194.217(b)(3) and 194.219(b)(3) will allow test pilots and
instructor pilots to obtain the solo endorsement from an instructor
pilot in lieu of an authorized instructor. Additionally, test pilots
and instructor pilots will be permitted to complete the 10 hours of
flight time performing the duties of PIC in an experimental powered-
lift with a person other than an authorized instructor onboard.
Specifically, under Sec. 194.217(b)(3) (for test pilots), another test
pilot or an instructor pilot who is authorized by the Administrator to
act as PIC of the experimental powered-lift may be onboard. Under Sec.
194.219(b)(3) (for instructor pilots), a test pilot, another instructor
pilot who is authorized by the Administrator to act as PIC of the
experimental powered-lift, or an FAA test pilot or ASI may be onboard.
c. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.129(e)(2))
Section V.F.2. of this preamble discusses the reduction in PIC
flight time under the provisions of this SFAR, which is applicable to
test pilots and instructor pilots. Section 61.129(e)(2) prescribes 100
hours of PIC flight time, which includes at least 50 hours in a
powered-lift.\229\ Under Sec. 61.51(e)(1), in pertinent part, a pilot
may only 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 is the sole occupant of the
aircraft. As discussed in the NPRM, these provisions present challenges
for the key population of test and instructor pilots.\230\ As it
pertains to test pilots, the test pilot would be precluded from logging
time under the first option because the pilot would not be
appropriately rated. Further, the test pilot would be precluded from
logging PIC time under the second option because the test pilot may not
be the sole occupant of the powered-lift when conducting operations for
conducting research and development or showing compliance with the
regulations \231\ or the powered-lift may require two pilot flightcrew
members. As it pertains to instructor pilots, under Sec. 61.51(e)(3),
a flight instructor 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. However, the manufacturer's
instructor pilot would not be an authorized instructor pursuant to part
61.
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\229\ Sec. 61.129(e)(2)(i).
\230\ 88 FR 38946 at 38969 (June 14, 2023).
\231\ 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.
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Considering the various functions a test pilot performs during the
course of their duties (e.g., test flights, filing flight plans,
conducting departures and instrument approaches, etc.) and accounting
for an instructor pilot's duties and responsibilities (e.g.,
developing, validating, and delivering the manufacturer's proposed
training curriculum), the FAA proposed alternate logging requirements
in Sec. 194.217(c) for test pilots and in Sec. 194.219(c) for
instructor pilots. The FAA did not receive any comments to these
provisions. This final rule adopts these provisions as proposed (in
addition to the reduction in PIC flight time in a powered-lift as
described in section V.F.2. of this preamble). Therefore, Sec.
194.217(c) will 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 test pilot must act as PIC of the experimental
powered-lift in accordance with an LOA issued by the Administrator and
the flight must be conducted for the purpose of research and
development or showing compliance with the regulations in accordance
with the powered-lift's experimental certificate. Similarly, Sec.
194.219(c) will 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. The instructor pilot must act as PIC of the experimental
aircraft in accordance with an LOA issued by the Administrator and the
flight must be conducted for the purpose of crew training in accordance
with the powered-lift's experimental certificate.
d. FAA Test Pilots and FAA ASIs
As discussed in section V.A. of this preamble, the FAA adopts the
requirement that pilots hold a type
[[Page 92355]]
rating for the powered-lift the pilot seeks to operate. Accordingly,
FAA test pilots and ASIs are subject to the same pilot certification
requirements. However, as written, the SFAR would preclude an FAA test
pilot or ASI from using the same flexibilities that manufacturer test
pilots and instructor pilots may use.
At this time, the manufacturers' test pilots and instructor pilots
are the only pilots who have significant experience operating the
civilian powered-lift that are planning to come to market. Similarly,
the FAA employs test pilots and ASIs involved in the certification
process for manufacturers that are pursuing a type certificate in a
powered-lift. FAA test pilots and ASIs play a significant role in the
type certification of newly designed aircraft, powered-lift included,
without which new entrant aircraft would not be able to enter civil
operations. These individuals employed by the FAA are also issued
authorizations to operate the aircraft, intricately involved in
development of the manufacturer's training program, and acquire
significant experience and knowledge in the particular powered-lift to
facilitate the type certification process.
FAA test pilots are pilots employed by the FAA who facilitate type
certification of the performance, stability, and control requirements
of new or modified aircraft. FAA test pilots enable the type
certification compliance and certification process through flight
testing of avionics, propulsion, and mechanical/electrical systems, as
well as other equipment installations on aircraft to which they are
assigned. An FAA test pilot also participates as a subject matter
expert on type certification board meetings with the manufacturer,
flight safety review board meetings, and FSBs, as necessary. Through
qualitative and quantitative flight tests and evaluation of engineering
data on modified and new type design, the FAA test pilots oversee and
ensure compliance with applicable airworthiness requirements eventually
culminating in the type certification of an aircraft. In addition to
these duties, FAA test pilots maintain a high level of pilot
proficiency and currency in categories and classes of aircraft for the
projects they are assigned. Currently, there are a small number of FAA
test pilots who hold powered-lift category ratings.
Similarly, ASIs are employed by the FAA and maintain involvement
early in the type certification process of new aircraft. These ASIs
evaluate detailed flight characteristics of aircraft certification
projects to establish training requirements for FAA operations
inspectors responsible for evaluating and approving training programs
set forth by the manufacturer. ASIs develop a detailed knowledge of the
aircraft's systems to ensure operational safety of the aircraft through
the training program. Like FAA test pilots, FAA ASIs also serve as
members of type certification boards and advisors to aircraft
certification on flight operations problems regarding newly designed
aircraft being type certificated and introduced into revenue service.
Other duties of inspectors include recommending amendments to proposed
manufacturer crew training, participating in the development of
approved AFMs, and representing flight standards in conducting
operational suitability flight evaluations.
Therefore, FAA test pilots and ASIs possess unique experience
parallel to that of a manufacturer's test pilots that merits their
inclusion in the alternate experience requirements to receive a
powered-lift category, instrument, and type rating. While the FAA did
not initially propose to extend the SFAR to this population, the FAA
finds it necessary to facilitate FAA test pilots and ASIs performing
official job functions to receive a pilot certificate with a powered-
lift category rating to support the pipeline of powered-lift
certification.
Accordingly, this final rule makes several minor revisions in
Sec. Sec. 194.203, 194.217, and 194.219 to add FAA test pilots and
ASIs into the alternate SFAR framework to obtain a commercial pilot
certificate with a powered-lift category rating. Additionally, the FAA
adds a definition of ``FAA test pilot'' and ``aviation safety
inspector'' to Sec. 194.103. The FAA notes that FAA test pilots and
FAA ASIs are added into the provisions facilitating an alternate
framework to obtain an instrument-powered-lift rating, however, those
provisions are discussed in section V.F of this preamble.
First, to define the exact population of FAA pilots that may use
the alternate framework, the FAA adopts two new definitions in Sec.
194.103 for the purpose of part 194. Specifically, an ``aviation safety
inspector'' will be defined as a pilot employed by the FAA to conduct
operations of a powered-lift for the purpose of establishing a type
rating in that particular powered-lift under part 21, as appropriate.
Similarly, an ``FAA test pilot'' will be defined as a pilot employed by
the FAA to conduct operations of a powered-lift for the purpose of
establishing a design approval that leads to an aircraft type
certificate for that particular powered-lift under part 21. These
narrowly scoped definitions function to ensure the FAA pilot utilizing
the relief is performing official FAA job duties and will have
experience and familiarity specific to the type of powered-lift for
which the pilot will seek a type rating, parallel to that experience
expected of a manufacturer's test pilots and instructor pilots.
Next, Sec. 194.203 sets forth alternate qualification requirements
for certain flight instructors. This section provides that, in addition
to the provisions specified in Sec. 61.3(d)(3), a flight instructor
certificate issued under part 61 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) certain persons authorized by the
Administrator for the purpose of training in a powered-lift training
program.\232\ Because FAA test pilots and ASIs will receive training
during the type certification process through their testing,
compliance, and evaluation flights, this final rule adds FAA test
pilots and ASIs to the population covered by Sec. 194.203(a) in new
paragraph (a)(3). The FAA test pilot or ASI may only receive training
from an instructor pilot without a part 61 flight instructor
certificate if received for the purpose of establishing a type rating
in a powered-lift as part of the FAA ASI's official job functions or
for the purpose of establishing a design approval that leads to an
aircraft type certificate for that particular powered-lift under part
21 as part of the FAA test pilot's official job functions.
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\232\ Specifically, 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. This final rule adopts
the section as proposed, as discussed in section V.G. of this
preamble.
---------------------------------------------------------------------------
Additionally, Sec. 194.213 provides alternate endorsement
requirements for certain persons seeking a powered-lift rating.
Specifically, Sec. 194.213(a) permits an instructor pilot or a
management official to provide endorsements to certain persons. To
account for FAA test pilots and ASIs, the FAA adds new paragraph
(a)(1)(iii), which permits a manufacturer's instructor pilot to provide
an FAA test pilot or FAA ASI the required logbook or training record
endorsements under parts 61 and 194 for a commercial pilot certificate
with a powered-lift category rating, an instrument-powered-lift rating,
a powered-lift type rating, or a flight
[[Page 92356]]
instructor certificate with powered-lift ratings. Again, the FAA test
pilot or ASI must be performing official job functions for the purposes
delineated in the respective definition to utilize the alternate
requirement.
As the preceding sections have detailed, Sec. 194.217 provides the
alternate aeronautical experience and logging requirements for a
commercial pilot certificate with a powered-lift category rating
specifically for manufacturer test pilots. As stated, the FAA proffers
the alternate requirements for test pilots to extend to FAA test pilots
and ASIs. Therefore, the FAA adds this population of pilots in Sec.
194.217 through revisions in paragraphs (a), (b), (b)(1), (b)(1)(ii),
(b)(2) through (b)(4), and (c)(1), and a new paragraph (a)(3). The FAA
notes that Sec. 194.217(b)(3) permits the aeronautical experience
requirement in Sec. 61.129(e)(4) by logging at least 10 hours of solo
flight time under an endorsement from an instructor pilot or by
performing the duties of PIC in an experimental powered-lift with a
test pilot or an instructor pilot onboard. While the regulation would
permit another test pilot to be onboard the flight with a test pilot
performing the duties of PIC in an experimental powered-lift, the FAA
is not adopting a parallel provision to permit a FAA test pilot or ASI
to be on board a flight with another FAA test pilot or ASI performing
the duties of PIC.
The FAA contemplated this alternative option but did not find this
to be in the interest of safety. The instructor pilot and test pilots
from the manufacturer are the most knowledgeable in the aircraft.
Ensuring that instructor pilots or test pilots from the manufacturer
are on board the flight with an FAA test pilot or ASI ensures that a
pilot with significant experience and knowledge on that OEM's powered-
lift is performing the duties of PIC, thereby ensuring an equivalent
level of safety. Additionally, the FAA makes two conforming amendments
to Sec. 194.219, which sets forth the alternate aeronautical
experience and logging requirements for a commercial pilot certificate
with a powered-lift category rating for instructor pilots, as an
outgrowth of the inclusion of FAA test pilots and ASIs.
First, one criteria for an instructor pilot to meet the alternate
requirements for Sec. 61.129(e)(3) and (4) requires the instructor
pilot to have provided the manufacturer's proposed training curriculum
to a test pilot, within certain parameters. Because FAA test pilots and
ASIs will receive the proposed training curriculum from an instructor
pilot, the FAA revises Sec. 194.219(b)(1)(i) to include this
population of pilots in the criteria as applicants an instructor pilot
could receive credit for delivering the training program. Second, this
final rule adds FAA test pilot and ASIs to the group of persons
permitted to be onboard the experimental powered-lift while an
instructor pilot performs the duties of PIC to satisfy the aeronautical
experience requirement in Sec. 61.129(e)(4), which is set forth in new
Sec. 194.219(b)(3)(iii).
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Powered-Lift Category Ratings
As acknowledged in the NPRM,\233\ the alternate experience and
logging requirements for test pilots and instructor pilots would enable
individuals to obtain powered-lift ratings on their pilot certificates.
However, the FAA found that those alternate requirements alone would be
insufficient to develop enough personnel to support training in a
powered-lift in an approved training program under part 135, 141, or
142.
---------------------------------------------------------------------------
\233\ 88 FR 38970 (June 14, 2023).
---------------------------------------------------------------------------
The FAA did not propose relief to the qualifications required of
persons who provide training and checking for an approved training
curriculum under parts 135, 141, and 142 (i.e., part 135 check pilots,
part 141 assistant chief instructors and chief instructors, and part
142 training center evaluators). Specifically, under part 135 and the
provisions of this final rule, a part 135 check pilot must hold the
certificates and ratings required to serve as PIC in the aircraft
(i.e., at least a commercial pilot certificate with a powered-lift
category rating, instrument powered-lift rating, and appropriate type
rating).\234\ Under part 141, an assistant chief instructor or chief
instructor must hold a powered-lift category rating on both their
commercial pilot certificate and their flight instructor certificate as
well as a powered-lift type rating on their commercial pilot
certificate.\235\ A part 142 TCE must hold the certificates and ratings
in which they are instructing or checking for that aircraft.\236\
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\234\ See Sec. 135.337(b)(1) and SFAR PROVISION.
\235\ See Sec. Sec. 141.35(a)(1), 141.36(a)(1),
141.37(a)(2)(ii).
\236\ See Sec. 142.47(a)(5).
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To build the initial cadre of instructors and address these
obstacles, the FAA's intended framework uses test pilots and instructor
pilots to build the initial cadre of instructors (e.g., a qualified
instructor for a part 142 training center), who would then provide
training under a part 135, 141, or 142 approved training program. To
facilitate this, the FAA proposed 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.
Eve opposed the initial cadre framework proposed by the NPRM,
stating that training the initial cadre of instructors after the FSB
process concludes will delay civilian powered-lift operations. Eve
stated that the FAA's proposal to require flight hours in a
certificated aircraft is burdensome and unfeasible. Eve emphasized that
they did not disagree with utilizing test pilots and instructor pilots
to qualify the initial cadre of instructors but asserted that the FAA
should allow the initial cadre of instructors to be qualified in
parallel with the aircraft certification and FSB processes, as is the
FAA's current practice with the introduction of new aircraft
types.\237\ UPS FF also contended that requiring a powered-lift to be
type-certificated before an operator can implement its training program
would result in an undue financial burden and unnecessary delays in
developing an initial cadre. Specifically, UPS FF recommended revising
the SFAR to allow manufacturers to provide instruction to an operator
prior to type certification, utilizing FAA guidance for the use of
experimental aircraft for commercial flight instruction.
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\237\ EVE specifically recommended the FAA follow similar
processes for initial cadre preparation as is currently the practice
in accordance with FAA Order 8900.1, Volume 3, Chapter 54, Section 2
Part 142 Training Centers: Training, Qualification, and Designation
of Training Center Instructors and Evaluators as well as those set
forth in Air Transportation Job Task Analysis (AT JTA) 4.1.202
Conduct a Flight Standardization Board (FSB) Evaluation. EVE noted
that once a powered-lift category requirement was removed, the FAA
would be able to follow these two reference guidance documents. The
FAA notes that regardless of whether a category rating is required,
this is the current practice that the FAA would follow to
procedurally accomplish an FSB in a powered-lift. Specifically, in
regard to ELEMENT 8.3 Receive FSB training., the initial cadre of
participants of the FSB would be receiving the applicable training
from the provider and the FAA predicated the alternate experience
for test pilots and instructor pilots with the expectation that the
FAA would follow these procedures when conducting an FSB.
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The FAA does not find the initial cadre of instructors to be
similarly situated to test pilots and instructor pilots to warrant an
equivalent level of relief in the alternate framework. Test pilots and
instructor pilots at the manufacturer are involved in development and
testing of prospective aircraft toward the eventual type
[[Page 92357]]
certification of products and airframes. Test pilots and instructor
pilots have significant experience throughout the production of the
aircraft and have the background knowledge and skills to conduct
quantitative and qualitative analysis, identify outcomes that may
require the manufacturer to redesign or adjust design of aircraft
components, which therefore results in the applicable flight experience
necessary to accept a higher level of operating risk because of the
experimental status of the aircraft. This warrants separate relief from
that offered to the initial cadre of instructors because the initial
cadre of instructors will not inherently have the equivalent level of
experience of a manufacturer's test pilots and instructor pilots (i.e.,
the initial cadre instructor would not have any prior experience in the
category of powered-lift or intricate knowledge of the powered-lift
type during its development). The FAA, therefore, adopts Sec.
194.221(a) as proposed.
Test pilots and instructor pilots will receive an LOA provided to
the manufacturer by the FAA to conduct very specific tasks in
accordance with Sec. 21.191(a), (b), and (c). The FAA would not
consider issuing an LOA to an initial cadre of instructors unassociated
with a manufacturer for these very specific purposes because they would
not be carrying out the purposes of these experimental test flights.
Once the aircraft is type certificated, the FAA proposed separate
relief for an initial cadre of instructors to be trained by the
particular powered-lift experts: test pilots and instructor pilots.
Combining this responsibility with the duties assigned to the test
pilots and instructor pilots, and authorized by the LOA, would
complicate both the type certification and FSB process and the training
of the initial cadre of instructors due to the fluidity of the aircraft
and training program at that time.
Additionally, the FAA finds grouping the initial cadre of
instructors in with the test pilots and instructor pilots would not be
in the interest of safety due to the experimental status of the
aircraft.\238\ The FAA finds it important for the initial cadre of
instructors to be trained on the type-certificated aircraft as it will
be available for training, testing, and civilian operations under the
type certificate and under a more concrete training program.
Specifically, throughout the type certification process, the aircraft
may change in design and programming and, likewise, throughout the FSB,
the proposed training program may be revised. Until a type certificate
is issued, aircraft design would not be solidified and any changes
made, as well as associated knowledge of those changes, may not be
transferred to the base of pilots in the initial cadre that would then
be responsible for training at their respective certificate holder. For
example, if an individual intended for the initial cadre of instructors
trained on a unique handling characteristic, and that handling
characteristic was modified as an outgrowth of the TC process, the
individual may not receive the appropriate training for the modified
characteristic in the fluidity of the powered-lift and training
program. This differs for test pilot and instructor pilots because of
their in-depth and firsthand involvement with the development of the
aircraft and training program and with TC and FSB processes.
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\238\ The FAA notes that manufacturers may not support this type
of access to their powered-lift in the experimental phase to persons
not under an employment contract, contractor agreements, or
nondisclosures with the manufacturer for intellectual property and
proprietary trade secret purposes.
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CAE and NBAA expressed concern that the proposal requires initial
cadre instructors and TCEs to be trained by the manufacturer, which
gives a significant competitive advantage to manufacturers. CAE and
NBAA stated that this (1) eliminates the ability for part 142 training
centers to qualify initial cadre instructors and TCEs by their own
means, and (2) creates a backlog for training with the potential for
manufacturers to solely determine who may be trained and when training
may occur. CAE and NBAA emphasized the burden this would place on
manufacturers to train in volume to scale the industry.
First, the FAA disagrees that the proposal reduces the ability for
air agencies to qualify initial cadre instructors and TCEs by their own
means as compared to the competitive advantage the manufacturer may
have. The lack of powered-lift in operations today inherently requires
the manufacturer to be significantly involved in the certification
framework. At the onset of powered-lift entering the market, test
pilots and instructor pilots at the manufacturer will be the only
qualified individuals to deliver training in the respective OEM's
powered-lift, which the FAA expects to form the initial foundation of
pilots. After the initial cadre of instructors for parts 141 and 142
air agencies is trained, certificate holders may operate within their
approved training programs. In other words, reliance on the
manufacturer as the sole training option would significantly lessen
after certification of the initial cadre of instructors. This is the
same general concept as the status quo for entrance of new aircraft
types: at the onset, the manufacturer serves as the most qualified
individual to train FAA inspectors and test pilots and industry
personnel, after which industry stakeholders springboard subsequent
populations of pilots through part 61 training or enrollment at air
agencies (e.g., parts 141 and 142). Therefore, the FAA does not view
the alternate framework set forth by the SFAR \239\ as narrowly
tailored for manufacturers, but rather leverages the current concept
with facilitating frameworks to achieve initial commercial entrance of
powered-lift into civilian operations while balancing the interest of
safety.
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\239\ 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 relief
provided to the persons who serve as test pilots and instructor
pilots for powered-lift manufacturers will enable the manufacturers
to support training and qualification of other training providers'
personnel.
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In sum, when an operator, pilot school, or training center sends an
individual to the manufacturer for training in a powered-lift, the
individual would not be fully qualified as a check pilot, chief
instructor, assistant chief instructor, or training center evaluator
for powered-lift, but each would be considered a candidate for their
respective positions.\240\ To ensure an appropriate level of oversight,
the FAA proposed Sec. Sec. 194.203(a)(2), 194.213(a)(1)(ii), and
194.221(a)(1), which are adopted herein, permit those individuals who
are authorized by the Administrator through a temporary letter of
approval (authorizing the individual to be a candidate for an operator,
pilot school, or training center for the purpose of establishing
sufficient qualified personnel) to receive training in a powered-lift
at the manufacturer. After the individual completes the training
program, the individual may pursue certification in accordance with
current practice (e.g., complete a practical test to receive the
appropriate powered-lift ratings and could obtain a powered-lift
category rating on their flight instructor certificate in accordance
with subpart H of part 61), as well as deliver the training curriculum
under their respective part in accordance with current practice (for
example, receive a permanent letter of approval to be a check airman
under part 135 or a TCE under part 142).
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\240\ In addition, for part 135 check pilot applicants and part
142 TCEs, the initial cadre check airmen or initial cadre TCE
process will apply.
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[[Page 92358]]
a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e))
The FAA proposed alternate aeronautical experience requirements in
Sec. 194.221(b) to facilitate training and certification of the
initial cadre of instructors and overcome similar training obstacles as
those faced by test pilots and instructor pilots, as previously
discussed. In sum, certain provisions throughout Sec. 61.129(e)
require training and flight hours to be conducted with an authorized
instructor, as defined in part 61, onboard the powered-lift. As with
test pilots and instructor pilots, the person receiving the
manufacturer's training from an instructor pilot may not have an
authorized instructor, as defined in Sec. 61.1, providing the flight
training or training in preparation for the practical test.
Notwithstanding the general opposition to the initial cadre framework
addressed in the previous section, the FAA did not receive comments on
the specific provisions set forth in Sec. 194.221(a) and (b)(1)
through (3) to address these obstacles. The FAA adopts these provisions
as proposed.
Therefore, Sec. 194.221(b) allows the requisite training to occur
with an instructor pilot at the manufacturer in lieu of a part 61
authorized instructor. First, Sec. 194.221(b)(1) will permit the
individual to satisfactorily complete the manufacturer's training
curriculum in the powered-lift 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 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, pursuant to Sec.
194.221(b)(1)(ii), the individual must receive an endorsement in their
logbook or training record from the instructor pilot certifying that
the training was completed. Second, Sec. 194.221(b)(2) will permit to
permit the preparation for the practical test to be completed with an
instructor pilot rather than an authorized instructor.\241\ Finally,
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; the FAA in Sec.
194.221(b)(3) will permit the instructor pilot to replace the
authorized instructor in Sec. 61.129(e)(4). Also, as noted earlier,
Sec. 194.221(a)(2) will require that the flights are conducted in
type-certificate powered-lift at the manufacturer.
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\241\ 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 this relief.
---------------------------------------------------------------------------
b. Alternate Aeronautical Experience Logging PIC Flight Time (Sec.
61.129(e)(2))
The FAA proposed alternate logging requirements in Sec. 194.221(c)
to overcome PIC logging obstacles as set forth in Sec. 61.51(e),
similar to those faced by test pilots and instructor pilots, as
previously discussed.\242\ In section V.J. of this preamble, the FAA
explained that a reduction in PIC time is warranted from 50 hours to 35
hours. Therefore, the initial cadre of instructors who would train with
the manufacturer under the SFAR would be required to obtain 35 hours of
PIC flight time in powered-lift. As discussed, under Sec. 61.51(e)(1),
a pilot may log PIC time when the pilot is (i) the sole manipulator of
the controls of an aircraft for which the pilot is rated (category,
class, and type rating as appropriate), or (ii) the sole occupant of an
aircraft. The initial cadre of instructors who attend training at a
manufacturer would not yet be rated in the powered-lift, so they would
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. The FAA proposed Sec. 194.221(c) to
address this obstacle; notwithstanding the general opposition to the
initial cadre framework addressed in the previous section, the FAA did
not receive comments on this specific provision set forth in Sec.
194.221(c) Therefore, this final rule adopts these alternate logging
provisions and reduces the maximum logging time when the pilot is the
sole manipulator of the controls of a powered-lift for which the pilot
is not yet rated from 40 hours, as proposed, to 25 hours as
subsequently discussed.
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\242\ As proposed, Sec. 194.221(c) would have allowed an
applicant for a commercial pilot certificate with a powered-lift
category rating to log up to 40 hours of the 50 hours of pilot-in-
command flight time required by Sec. 61.129(e)(2)(i).
---------------------------------------------------------------------------
Specifically, as noted in section V.J of this preamble, the FAA
reduced the PIC flight time required for all pilots under the SFAR to
35 hours instead of 50 hours. It, therefore, follows that this
alternate logging requirement adopted in this final rule would now
enable persons to log 25 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).\243\ Therefore, 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, Sec.
194.221(c) will permit those persons who would receive training at the
manufacturer to log up to 25 hours of PIC flight time toward 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.
Pursuant to the conditions adopted in Sec. 194.221(c)(1) through (3),
the person must be manipulating the controls of the powered-lift and
performing the duties of PIC with an instructor pilot onboard, and the
flight must be conducted in accordance with the manufacturer's training
curriculum.
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\243\ As detailed in this section, an applicant for a powered-
lift category rating would be required 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. Therefore, with the total time being reduced to
35 hours of PIC, the FAA has likewise adjusted the 40 hours to 25 to
account for the last 10 hours being conducted as solo or supervised
by an authorized instructor.
---------------------------------------------------------------------------
The FAA found 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 noted that 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).\244\
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\244\ 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 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 NPRM acknowledged an obstacle created in Sec. 61.51(e)(1) for
persons seeking to obtain a powered-lift category rating on their
commercial pilot certificate outside a manufacturer's training
curriculum (i.e., under an
[[Page 92359]]
approved training program at a part 135 operator or a part 141 or 142
air agency). Specifically, pilots would be unable to log PIC flight
time in a 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 occupant of the powered-
lift under solo endorsements from an authorized instructor. The FAA
proposed Sec. 194.223(c) to cure this logging obstacle. As
subsequently discussed, this final rule adopts Sec. 194.223(c) as
proposed with one minor revision.
As discussed in section V.F.2. of this preamble as it applies to
the initial cadre of instructors, the reduction in PIC flight time in a
powered-lift from 50 hours to 35 hours necessitates an aligning
reduction in the allowance to log up to 40 hours of PIC flight time
provided in Sec. 194.223(c). Using the same ratio, this final rule
reduces 40 hours to 25 hours. An applicant would still be required to
obtain the remaining 10 hours of PIC time as the sole occupant of the
powered-lift under an instructor endorsement.
Therefore, Sec. 194.223(c) will permit certain applicants for a
commercial pilot certificate with a powered-lift category rating to log
up to 25 hours of PIC flight time toward the 35-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. Conditions to utilize
this relief will require (1) the applicant to manipulate the controls
of the powered-lift with an authorized instructor onboard, (2) the
applicant to perform the duties of PIC, and (3) the flight to be
conducted in accordance with an approved training program under part
135, 141, or 142.\245\ This PIC flight time may 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.
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\245\ Training under part 135, 141, or 142 is discussed in more
detail in section V.G. of this preamble.
---------------------------------------------------------------------------
An individual commenter questioned whether the 40 hours (now 25
hours as adopted by this final rule) of flight time would be required
in every make and model of powered-lift within the powered-lift
category.
The FAA notes the PIC flight time required by Sec. 61.129(e) is
category specific, including Sec. 194.216(a) and certain time within
Sec. 61.129(e)(2)(ii) as applicable to the powered-lift category, not
powered-lift type specific. Therefore, an applicant could log time
gained in multiple powered-lift toward the aeronautical experience,
given the applicant meets the conditions for logging PIC flight time in
Sec. 61.51(e)(1)(i) or the alternate logging requirements in Sec.
194.223(c). In other words, the same general framework to obtain any
other category or class rating on a commercial pilot certificate would
apply (e.g., to obtain an airplane single-engine rating, an applicant
must log at least 100 hours of PIC flight time, which includes at least
50 hours in airplanes, pursuant to Sec. 61.129(a)(2); the regulation
does not specify the class or type of airplane).
b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot
Certificate With a Powered-Lift Category Rating
The FAA proposed 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.
Many commenters urged the FAA to provide further credit for simulator
training or expand the scope of FSTD for credit. Because the FAA
expands this credit to the broader group of pilots in Sec. 194.216(b)
of this final rule, section V.F of this preamble discusses the
proposal, comments received, and final rule action.
3. Obtaining an Instrument-Powered-Lift Rating (Sec. 61.65(f))
Section 61.65 provides the requirements to obtain an instrument
rating, including the general aeronautical knowledge, flight
proficiency, and aeronautical experience requirements for an
instrument-powered-lift rating. Because pilots are unable to satisfy
several of the aeronautical experience requirements for an instrument-
powered-lift rating for the same reasons that pilots are unable to
satisfy certain requirements for a commercial pilot certificate with a
powered-lift rating, as previously discussed, the NPRM proposed
alternate pathways to obtain this rating.
First, as previously discussed, adopted Sec. 194.215 would limit
the alternate aeronautical experience and logging requirements for
obtaining an instrument-powered-lift rating to those persons who
already hold (1) 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 and (2) the
corresponding instrument rating. Aligning with the framework proposed,
and adopted by this final rule, for a commercial certificate with a
powered-lift category rating, the FAA proposed alternate experience and
logging requirements to obtain an instrument-powered-lift rating for
the same populations: (1) test pilots and instructor pilots, (2) the
initial cadre of instructors, and (3) pilots receiving training under
an approved training program.
The FAA did not receive comments regarding the proposed alternate
framework for an instrument-powered-lift rating and provides a brief
summary of each framework element herein. As discussed in section
V.F.2.i.d. of this preamble, FAA test pilots and ASIs were
unintentionally excluded from the proposal and added in this final
rule. Other than this addition subsequently discussed, the FAA adopts
the alternate framework to obtain an instrument-powered-lift rating as
proposed. Alternate requirements for cross-country flights, which are
generally applicable, are discussed later in this section.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for Instrument-Powered-Lift Rating
Sections 194.225 and 194.227 will set forth the alternate
aeronautical experience and logging requirements for test pilots and
instructor pilots seeking an instrument-powered-lift rating. In
Sec. Sec. 194.225(a) and 194.227(a), these alternate requirements will
apply if the flights are conducted in an experimental aircraft at the
manufacturer and the test pilots or instructor pilots are authorized by
the Administrator to act as PIC of the experimental powered-lift. The
alternate aeronautical experience requirements are set forth in Sec.
194.225(b)(1) through (4) for test pilots and Sec. 194.227(b)(1)
through (4) for instructor pilots. Similarly, the alternate logging
requirements will be set forth in Sec. Sec. 194.225(c) for test pilots
and 194.227(c) for instructor pilots.
a. Aeronautical Experience Requirements Involving Instrument Training
(Sec. 61.65(f)(2))
First, Sec. 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 FAA found it necessary to
propose an alternate to the requirement for a part 61 authorized
instructor for
[[Page 92360]]
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). Therefore, under Sec. 194.225(b)(1),
a test pilot will 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 will be able to credit the time spent providing the
manufacturer's training curriculum to another instructor pilot or a
test pilot toward the training required by Sec. 61.65(f)(2). The
manufacturer's training curriculum must 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 proposed to
require the test pilot or instructor pilot to receive an endorsement in
their logbook or training record. Under Sec. 194.225(b)(1)(ii), a test
pilot will 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. UnderSec. 194.227(b)(1)(ii), an instructor
pilot will 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, Sec. 61.65(f)(2)(i) requires the aforementioned instrument
time (i.e., that set forth by Sec. 61.65(f)(2)) to 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. Sections 194.225(b)(2) (for test pilots) and
194.227(b)(2) (for instructor pilots) will permit the preparation for
the instrument rating practical test to be completed with an instructor
pilot rather than an authorized instructor. To enable the examiner to
verify that the preparation was completed, under Sec. 194.213 the
applicant may obtain the endorsement from the instructor pilot, rather
than an authorized instructor under Sec. 61.65(a)(6), who certifies
that the applicant is prepared for the practical test.
Third, 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.\246\ 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.\247\ Sections
194.225(b)(3) (for test pilots) and 194.227(b)(3) (for instructor
pilots) will 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
will be required to receive a logbook or training record endorsement
but may obtain such from the instructor pilot to certify that the
applicant completed the cross-country flight with the instructor
pilot.\248\
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\246\ Sec. 61.65(f)(2)(ii).
\247\ Sec. 61.65(f)(2)(ii)(A) through (C).
\248\ Section VI.B.1. of this preamble discusses additional
relief from the requirement to file an IFR flight plan for certain
pilots.
---------------------------------------------------------------------------
b. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.65(f)(1))
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 hours of which must be in a powered-lift. As
discussed in the NPRM, the FAA recognized the obstacle with logging PIC
time in accordance with Sec. 61.51(e)(1) for the same reasons stated
in section V.J of this preamble. Accordingly, consistent with the
alternate logging requirements proposed for persons seeking to add a
powered-lift category rating on a commercial pilot certificate, Sec.
194.225(c) will 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 must act as PIC of the experimental powered-lift in accordance
with a letter of authorization issued by the Administrator. In
addition, the flight must 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, Sec. 194.227(c) will 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 under certain conditions.
The pilot must act as pilot-in-command of the experimental powered-lift
in accordance with a letter of authorization issued by the
Administrator and the flight must be conducted for the purpose of crew
training in accordance with the experimental certificate issued to the
powered-lift pursuant to Sec. 21.191.
c. FAA Test Pilots and ASIs
As discussed in section V.F.2.i.d. of this preamble, adopting the
aforementioned SFAR provisions as proposed would preclude an FAA test
pilot or ASI from utilizing the same flexibilities given to
manufacturer test pilots and instructor pilots. For the same reasons
discussed herein, the FAA finds it appropriate to add FAA test pilots
and ASIs into the alternate framework to obtain an instrument-powered-
lift rating.\249\
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\249\ FAA test pilots and ASIs would be defined under new Sec.
194.103, as discussed in section V.F.3.i.c. of this preamble.
---------------------------------------------------------------------------
Therefore, to facilitate this relief, this final rule adds FAA test
pilots and ASIs to the following paragraphs: Sec. 194.225(a), (b),
(b)(1), (b)(1)(ii), (b)(2) through (b)(4), (c), and (c)(1). FAA test
pilots and ASIs will be able to utilize the same provisions available
to a manufacturer's test pilots, as previously summarized.
Additionally, while no amendment is necessary, the FAA notes that, like
test pilots, FAA test pilots and ASIs would be a population of pilots
that the instructor pilot will be able to credit the time spent
providing the manufacturer's training curriculum under Sec.
194.227(b)(1).
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Instrument-Powered-Lift Ratings
In the NPRM, the FAA proposed alternate experience and logging
requirements for certain requirements in Sec. 61.65(f) to facilitate
initial training and certification of persons who have been authorized
to serve as the initial cadre of instructors in Sec. 194.229. Under
Sec. 194.229(a), which will set forth the applicability provisions,
the alternate requirements will apply if the applicants are authorized
by the Administrator to serve in the instructor positions \250\ in an
approved training program under part 135, 141, or 142 and the flights
are conducted in type-certificated powered-lift at the manufacturer.
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\250\ In other words, check pilots, chief instructors, assistant
chief instructors, and TCEs.
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[[Page 92361]]
a. Aeronautical Experience Requirements Involving Training (Sec.
61.65(f))
As with test pilots, the FAA will permit initial check pilots,
chief instructors, assistant chief instructors, or training center
evaluators 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 in Sec. 194.229(b)(1). The instructor
pilot will be required to conduct the training in accordance with the
manufacturer's training curriculum. Additionally, these persons will 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.
Additionally, the instructor pilot may 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), and (2) the cross-country
flight prescribed by Sec. 61.65(f)(2)(ii). Further, the person
receiving the training at the manufacturer may obtain an endorsement
from the instructor pilot certifying the completion of this cross-
country flight. Section 194.229(b)(2) and (b)(3) will prescribe these
requirements, respectively.
b. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.65(f)(1))
In the NPRM, the FAA recognized the obstacle of logging PIC time in
accordance with Sec. 61.51(e)(1) for the reasons previously discussed
in section V.J. of this preamble. Accordingly, consistent with the
alternate logging requirements adopted herein for persons seeking to
add a powered-lift category rating on a commercial pilot certificate,
Sec. 194.229(c) will allow a person receiving training 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) despite not
being rated in the powered-lift in certain conditions. To log this
time, the applicant will be required to solely manipulate the controls
of the powered-lift with an instructor pilot onboard and perform the
duties of PIC; additionally, the flight will be required to be
conducted in accordance with the manufacturer's training curriculum for
the powered-lift.
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 proposed alternate pathways for personnel from part
135, 141, and 142 certificate holders to obtain the experience
necessary to be eligible for the initial powered-lift ratings on pilot
and flight instructor certificates, these certificate holders will have
access to a pool of authorized instructors to conduct training under
their approved training programs. Therefore, the FAA did 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 FAA found that temporarily permitting pilots receiving
training under an approved training program \251\ to credit some cross-
country time obtained 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. Therefore, the FAA proposed Sec. 194.231(c) to
temporarily permit a maximum of 4 hours obtained in a Level C or higher
FFS to be credited toward the flight time requirement in Sec.
61.65(f)(1), which requires an applicant to obtain 10 hours of cross-
country time \252\ as PIC in a powered-lift. 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. This relief only
extends to those applicants and FFS sessions under a training program
approved under part 135, 141, or 142. Furthermore, the FAA proposed
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.
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\251\ Adopted Sec. 194.231(a) sets forth the general
applicability requirements to utilize the crediting provisions
subsequently discussed.
\252\ 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.
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FSI recommended the FAA revise Sec. 194.231 to remove the
requirement for a Level C or higher FFS and permit the training in any
approved FSTD. FSI stated that FFS Level C or higher training is
expensive and restrictive and urged the FAA to consider, first, the
simplified vehicle operation of powered-lift and, second, other modern
technologically advanced FSTDs.
The FAA received a number of similar comments related to crediting
time in a Level C or higher FFS in the context of the alternate
framework for a commercial certificate with a powered-lift rating, as
proposed in Sec. 194.223(d). The FAA declines to expand the acceptable
type and level of FSTD for credit to the aeronautical experience
requirements of Sec. 61.65(f)(1) for the reasons discussed in section
V.F. of this preamble.
As noted in the preamble, generally cross-country time may not be
credited in an FFS because it does not depict a realistic enroute
environment under VMC (e.g., verifying waypoints utilizing pilotage and
dead reckoning is limited by the visual display fidelity available in
FFSs). The FAA acknowledges that under IMC conditions, however, the
pilot is training on and testing on the pilot's ability to use
instrument navigation to fly along routes depicted by navigational
information via enroute and terminal charts, which is different from
verifying visual reference with the use of visual waypoints. Therefore,
the FAA maintains it is appropriate to permit some cross-country time
to be credited in an FFS because the display and flightdeck information
will align with the environment the pilot would operate in flight, but
also maintains that the credit should be limited for the same reasons
as those comprehensively discussed in section V.J. of this preamble.
The ratio of time (i.e., four hours in the simulator combined with the
skills the seasoned pilot would acquire from conducting 6 hours of
cross-country time in the NAS) in a Level C or higher FFS would ensure
the pilot has sufficient experience to apply for an instrument-powered-
lift rating. Therefore, the FAA adopts the amendment as proposed.
4. Alternate Requirements for Cross-Country Flights for Commercial
Pilot Certificate, Instrument Rating, and Private Pilot Certificate
Finally, upon evaluation of the expected range capabilities of
powered-lift, the FAA 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. Therefore, the FAA proposed several
alternate provisions to facilitate a pilot's ability to complete and
log cross-
[[Page 92362]]
country time while ensuring the experience meets the essential
objectives of pilot training. The FAA received many comments on these
cross-country proposals, which are considerably intertwined. Therefore,
this section, first, summarizes all cross-country proposals, second,
responds to applicable comments, and third, discusses cross-country
tangentially related proposals and final rule actions.
i. Summary of Proposed Cross-Country Alternate Means
To Log Cross-Country Time in Powered-Lift
First, cross-country time is currently defined in Sec. 61.1(b).
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 requirements. To meet the current
definition of cross-country time for aeronautical experience for
powered-lift ratings, the flight time \253\ aligns with that of
airplanes and 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. Given the significant disparity between the range
capabilities of airplanes and the emerging powered-lift currently going
through aircraft certification, the FAA found it unnecessary to require
cross-country time in a powered-lift to include the same distance as
that required for airplanes and, therefore, proposed 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.
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\253\ See 14 CFR 1.1 for the definition of flight time.
---------------------------------------------------------------------------
Specifically, as proposed, the rule would permit a person to log
flight time in a powered-lift as cross-country time \254\ when that
time (1) includes a point of landing that is at least a straight-line
distance of more than 25 nautical miles from the original point of
departure, and (2) involves the use of dead reckoning, pilotage,
electronic navigation aids, radio aids, or other navigation systems to
navigate to the landing point. While the FAA proposed to permit a pilot
to log shorter cross-country flights as cross-country time, the pilot
would nevertheless be required to obtain the requisite hours of cross-
country time in a powered-lift for the certificate or rating
sought.\255\
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\254\ 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.
\255\ While the FAA proposed 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 noted
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).
---------------------------------------------------------------------------
Additionally, 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
as a whole that apply to a powered-lift category rating, including the
cross-country time required for an ATP certificate with a powered-lift
category rating. Thus, a person would be permitted to log cross-country
time in accordance with Sec. 194.201 toward the 500 hours of cross-
country time in Sec. 61.163(a)(1). This proposal would equally 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).\256\
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\256\ This merely reduces the distance requirements listed in
Sec. Sec. 61.109(e)(2)(i) and 61.109(e)(5)(ii) to mirror those
required in Sec. 61.109(c)(2)(i) and 61.109(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).
---------------------------------------------------------------------------
Summary of Specific Cross-Country Proposals for a Commercial Pilot
Certificate
The FAA also proposed 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. In place of the long cross-country flight in Sec.
61.129(e)(4)(i) (i.e., 250 nautical miles), 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
consisting of a straight-line distance of at least 50 nautical miles
from the original point of departure. 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 noted, however, that the original point of departure may be the
same, as pilots generally begin cross-country flights at their home
airport.
Likewise, the FAA proposed alternate requirements for the cross-
country requirements of Sec. 61.129(e)(3)(ii) and (iii) (i.e.,
straight-line distance of at least 100 nautical miles from the original
departure point). 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)). As
a result of reducing the straight-line distance from 100 nautical miles
to 50 nautical miles, the FAA proposed 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. The NPRM did not propose to reduce the required flight
time (2 hours).
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). Additionally, the applicant would
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.\257\ 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 (e.g., cross-country planning is a task under Preflight
Preparation area of operation in the Commercial Pilot for Powered-Lift
Category ACS).
---------------------------------------------------------------------------
\257\ Sec. 61.127(b)(5)(vii).
---------------------------------------------------------------------------
[[Page 92363]]
Summary of Specific Cross-Country Proposals for an Instrument-Powered-
Lift Rating (Sec. 61.65(f))
Similarly, the FAA proposed alternate cross-country aeronautical
experience requirements for all applicants for an instrument-powered-
lift rating under Sec. 61.65(f) in Sec. 194.235. In place of the long
cross-country flight in Sec. 61.65(f)(2)(ii)(A) (i.e., a flight of 250
nautical miles), 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. To ensure the applicant for an instrument-powered-lift rating
obtains experience comparable to that which would be obtained under the
current regulation, the FAA proposed to require the applicant to
complete an additional cross-country flight of the same specified
distance of 100 nautical miles.
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). The applicant would also still be required to receive
and log flight training from an authorized instructor (or from an
instructor pilot if the person receiving training is an eligible pilot
under Sec. 194.215) on the areas of operation specified in Sec.
61.65(c).\258\ 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).
---------------------------------------------------------------------------
\258\ The FAA notes that 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 also proposed 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 IFR 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 an IFR
flight plan for a powered-lift that is certificated for VFR-only
operations in violation of an aircraft's operating limitations under
Sec. 91.9. This relief would only be available when the pilot already
holds an instrument airplane rating, an instrument helicopter rating,
or an ATP certificate, as these pilots would already have experience
operating under IFR and will have been tested on instrument procedures
and regulations governing IFR operations.
ii. Comments on the Proposed Cross-Country Alternate Means
ALPA supported the alternate cross-country framework whereby the
NPRM reduced the straight-line distance from 250 nautical miles to 50
nautical miles in proposed Sec. 194.233(b) with the proposed
mitigations (e.g., different landing points, additional cross-country
flight), finding that the framework would still maintain adequate
training and safety, Further, ALPA noted and supported that the FAA did
not propose to reduce the minimum amount of cross-country time to be
obtained in a powered-lift for a certificate.
Archer generally supported the FAA's acknowledgement that, first, a
pilot must be trained on the navigation of a powered-lift from takeoff
to different destinations than the original point of departure and,
second, that the existing cross-country training requirements create
barriers given the range and endurance inherent in the general array of
powered-lift intended for civilian operations. While Archer
specifically supported the proposed reduction from 50 to 25 nautical
miles in Sec. 194.201, Archer opposed the retention of the 2-hour
endurance requirements and 50 and 100 nautical mile range requirements
for the individual cross-country training flights in proposed
Sec. Sec. 194.233 and 194.235. Archer specifically stated that the
FAA's citation of a powered-lift's range of 105 to 162 nautical miles
represents the absolute maximum ranges for conventional takeoff and
landing, without fuel reserves, at the beginning of battery life;
Archer contended that a vertical takeoff and landing without fuel
reserves near the end of battery life would reduce the operational
range to 25 to 55 nautical miles. Similarly, Archer stated that the
NPRM failed to address endurance limitations where the range is only 30
minutes (specifically, given the parameters of the previously described
operation) and that the current operational range of powered-lift will
be significantly less than the operational range of the majority of
helicopters. Archer recommended the FAA implement a performance and
cycle-based framework through the execution of realistic training
flights of a length and endurance that are commensurate with those
operations that will be conducted after the pilot obtains the required
ratings. Additionally, Archer recommended the FAA eliminate the 2-hour
endurance requirement in Sec. 194.233, reduce the required distance to
25 nautical miles in Sec. Sec. 194.233 and 194.235, and add a
provision in Sec. 61.129(e)(2)(iii) allowing the powered-lift pilot to
substitute 10 operating cycles for 10 hours of cross-country time.\259\
---------------------------------------------------------------------------
\259\ Archer specifically referenced Sec. Sec. 121.434 and
61.159(b).
---------------------------------------------------------------------------
Similarly, FSI recommended the FAA align with ICAO Annex 1
recommendation 2.1.1.4, which FSI stated would remove the requirement
for a powered-lift category rating, thereby removing the requirement
for cross-country flight time. FSI stated that the lack of
infrastructure will make cross-country training difficult due to the
lack of places to charge electric aircraft. Additionally, FSI
recommended that the FAA allow credit for cross-country time obtained
for an airplane or helicopter rating and cross-country time conducted
as a lost scenario in the approved FSTD, and that any cross-country
flight time in the aircraft be accomplished after the practical test as
part of supervised operating experience.
First, in regard to Archer's position to eliminate the 2-hour
cross-country requirements set forth in proposed Sec. 194.233(a)(1)
and (2), the FAA considered the given capable ranges of various
aircraft in the certification process. The required two hours
establishes the minimum flight time of the entire flight: in other
words, two hours is the total time necessary to encompass the
associated distances and allow for the pilot to ensure appropriate
performance planning.\260\ The alternate regulations will not preclude
a pilot from stopping at an airport and charging, similar to how an
airplane or helicopter stops along their filed route to get fuel. Given
this flexibility on accomplishing the 2-hour requirement, the FAA does
not find additional relief to be warranted. Second, Archer suggested
the FAA further reduce the distance proposed in Sec. Sec. 194.233 and
194.235 to 25 nautical miles because the endurance of some aircraft
would be 30 minutes or less. The FAA has evaluated the active type
certification projects for powered-lift and does not find any powered-
lift with a range less than 50 nautical miles, regardless of length of
time in flight capabilities, nor was the FAA provided with any
supporting evidence of such a limitation during the
[[Page 92364]]
comment period to warrant further relief.\261\
---------------------------------------------------------------------------
\260\ See Legal Interpretation to Olshock, Pan Am International
Flight Academy (May 4, 2007).
\261\ The exemption process under part 11 would remain an option
for powered-lift manufactured with a range capability of less than
50 nautical miles.
---------------------------------------------------------------------------
Third, Archer urged the FAA to adopt a performance and cycle-based
framework through execution of training flights of length and endurance
that are commensurate with those operations to be conducted after the
pilot obtains the required ratings. As previously discussed in section
V.J. of this preamble, the FAA does not find this manner of cross-
country flight experience would provide a level of experience
commensurate with that required for initial powered-lift category and
type certification for those reasons discussed in this preamble.
Additionally, as a cycle-based substitution applies to cross-country
aeronautical experience specifically, commenters did not provide the
FAA with any information other than a topical suggestion as to how a
performance or cycle-based framework would achieve a level of
proficiency equal with that of a pilot receiving an initial powered-
lift category rating. Further, a significant objective of cross-country
flights is to expose a pilot to time in the category of aircraft where
random events may occur in the airspace, including, for example,
weather, delays, air traffic, and ATC communication. Another objective
is to expose the pilot to unfamiliar terrain and different landing
points than a pilot's base or familiar airport, thereby facilitating
diverse experience in preflight planning. Without additional
information for the FAA to evaluate, a cycle-based framework, which may
be repetitive and offer little experience beyond a rudimentary traffic
pattern, may not expose the pilot to these key objectives. An initial
certification framework only encompassing familiar, smaller routes and
circuits may not adequately equip the pilot with situational
proficiency, for example, should the need arise to land at an
unfamiliar landing site.
Finally, in response to FSI's comments, the FAA acknowledges there
is an experience advantage by virtue of each pilot utilizing the relief
provided by the SFAR holding certain certificates and ratings; however,
the FAA does not find that this translates to synonymous experience
such that vital training elements can be wholly eliminated or
substituted. Performing a cross-country flight in an airplane or
helicopter may be vastly different than performing a cross-country
flight in a powered-lift. While there are certain elements to a cross-
country flight that are shared amongst categories of aircraft (e.g.,
use of navigation charts, communicating with ATC, operations in
airspace, avoidance of traffic, runway incursions at unfamiliar
airports), cross-country flight time provides experience in aircraft-
specific characteristics. These characteristics include encountering
different challenges in flightdeck management relative to the pilot's
operation of the aircraft while acting as PIC (e.g., passenger briefing
requirements, aircraft automation, use of appropriate checklists,
dealing with inoperative equipment). These differences affect the
performance of certain tasks, flightdeck management, and risk
management during a cross-country flight and ultimately require a skill
set that is unique to the category of aircraft such that a substitution
would not ensure a pilot has proficiency in the powered-lift.
The FAA also finds that performing cross-country time as a lost
procedures \262\ scenario in an approved FSTD in lieu of cross-country
in the aircraft would not provide an adequate substitution for the same
reasons that powered-lift cross-country flights may present scenarios
uncontemplated in airplane or helicopter cross-country operations. The
FAA already expects an applicant to be trained on lost procedures, as
the commercial powered-lift ACS sets forth Lost Procedures as a Task
under Area of Operation VII, Navigation.
---------------------------------------------------------------------------
\262\ Lost Procedures, which are described in the Pilot's
Handbook of Aeronautical Knowledge, FAA-H-8083-25, consist of a
series of tasks to perform should a pilot become lost while in
flight. These procedures consist of climbing to increase radio and
navigation reception, plotting position using onboard navigational
equipment, communicating with ATC or Flight Service Stations, and if
the situation is dire enough transmitting on emergency frequency and
setting transponder to 7700.
---------------------------------------------------------------------------
To the extent that FSI calls attention to infrastructure issues,
the FAA notes that the Department of Transportation published a Request
for Information (RFI) \263\ in the Federal Register in 2023 seeking
information from the OEM community to inform a short-term and long-term
national strategy to integrate AAM into the NAS, including
infrastructure considerations. Additionally, the Advanced Air Mobility
Interagency Working Group (AAM IWG) is considering infrastructure
challenges as part of this effort. The FAA notes that certain OEMs have
utilized portable charging stations and even installed chargers at
specific airports to help accommodate long-distance flights.\264\ The
FAA is an active member of the AAM IWG and will continue to collaborate
on a national strategy to address infrastructure issues. However, the
FAA does not see associated infrastructure challenges as reason to
alter the aeronautical experience required of a pilot who is training
to operate a powered-lift in the NAS in commercial, passenger-carrying
operations. Experience gained in the aircraft must be predicated on the
need to enhance the pilot's ability to operate a powered-lift,
particularly outside the pilot's local operating environment.
---------------------------------------------------------------------------
\263\ Notice and Request for Information on Advance Air
Mobility, 88 FR 31593 (May 17, 2023).
\264\ www.popsci.com/technology/alia-electric-aircraft-completes-journey/evtol.news/news/beta-flies-south-for-the-winter.
---------------------------------------------------------------------------
iii. Specific Cross-Country Flights for Private Pilot Certificate
(Sec. 61.109)
As discussed in the NPRM, the FAA proposed alternate pathways
primarily for individuals at the commercial level to enable immediate
commercial passenger-carrying operations. However, the FAA recognized
that 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 proposed to reduce the nautical
mile distances in the aeronautical experience required to be eligible
for a private pilot certificate. The FAA did not receive comments on
the alternate aeronautical experience requirements for private pilots
as set forth in proposed Sec. 194.237 and adopts the amendments as
proposed.
Specifically, alternate aeronautical experience requirements will
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), Sec.
194.237(a) will 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.
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), Sec. 194.237(b) will
set forth alternate solo cross-country experience. Specifically, the
applicant will be required to complete one solo cross-country flight of
100 nautical miles total distance with landings at three points
[[Page 92365]]
and with one segment of the flight consisting of a straight-line
distance of more than 25 nautical miles (Sec. 194.237(b)(1)). The
applicant will be required to complete an additional solo cross-country
flight to be conducted in a powered-lift (Sec. 194.237(b)(2)). This
additional solo cross-country flight will 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 will be required to be
conducted to different points of landing than the initial cross-country
flight.
While proposed Sec. 194.237 reduces the required distances for the
cross-country flights in Sec. 61.109, it will not reduce the required
flight time. A person seeking a private pilot certificate with a
powered-lift category rating will 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-country solo flight time in a
powered-lift under Sec. 61.109(e)(5)(i), as adopted by this final
rule.\265\
---------------------------------------------------------------------------
\265\ 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 V.I.1.of this
preamble, the FAA proposed to amend Sec. 61.109(e)(5) to require
the solo flight time to be obtained in a powered-lift and adopts
that amendment in this final rule.
---------------------------------------------------------------------------
iv. Part 141 Appendices
Certain existing minimum curriculum requirements for a part 141
pilot school seeking to use 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). As previously discussed,
the FAA adopts alternate cross-country requirements in Sec. Sec.
194.233, 194.235, and 194.237 and, therefore, proposed that part 141
pilot schools should be able to use these alternate cross-country
distances.
The FAA did not receive comments on the provision and adopts Sec.
194.239(b) to facilitate these substitutions. As set forth by Sec.
194.239(b)(3), the part 141 training course using the alternate cross-
country distances must include an additional cross-country flight
consistent with the requirements of Sec. Sec. 194.233, 194.235, and
194.237, as applicable.
Additionally, as discussed in section V.F.2. of this preamble, this
final rule reduces the amount of PIC time in a powered-lift set forth
by Sec. 61.129(e)(2)(i) from 50 hours to 35 hours. However, the FAA
does not find a conforming amendment is necessary to account for the
part 141 appendices in the SFAR similar to the amendments to account
for the alternate cross-country requirements because the PIC
requirements are subject to Sec. 141.55(d) which allows a pilot school
to apply and receive approval for a reduced hour curriculum in
accordance with the appropriate appendix of part 141.
v. Technical Correction and Nomenclature Change
The NPRM proposed a minor technical correction to the definition of
cross-country time in Sec. 61.1(b). Specifically, the definition lists
seven paragraphs, but incorrectly only references up to the sixth
(i.e., paragraphs (ii) through (vi) rather than paragraphs (ii) through
(vii)). The FAA proposed to correct the cross-reference in paragraph
(i) of the definition to refer to paragraphs (ii) through (vii).
Additionally, the FAA noted that the nomenclature concerning
``cross-country time'' is inconsistent throughout part 61. The NPRM
proposed to remove ``cross-country flight time'' throughout part 61 and
replace the term with the words ``cross-country time.''
The FAA did not receive any comments to these proposals and adopts,
first, the correction in Sec. 61.1(b) definition of cross-country time
and, second, the nomenclature change to ``cross-country time'' in the
following provisions: 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. Comments Pertaining to ATP Certificate Aeronautical Experience
Bristow urged the FAA to consider providing relief for pilots
seeking to gain aeronautical experience toward an ATP with powered-lift
rating. Specifically, Bristow highlighted concerns that without such
relief, only a small pool of military pilots would be qualified to
immediately enable entities to stand up powered-lift commuter services.
Bristow supported aeronautical experience requirement relief for those
persons seeking an ATP certificate with a powered-lift category rating
under the premise that powered-lift operations and characteristics are
different than those of conventional aircraft with operations that
require an ATP certificate. Bristow stated that ATP certificates are
essential to pilots of conventional aircraft to transport large groups
of passengers over long distances at high altitudes and that the
currently mandated 1,500 hours of experience teaches pilots how to
respond to serious situations in aircraft (e.g., loss of an engine),
handle unscripted and unanticipated operational events (e.g.,
diversions), and experience operations in and out of different airports
and operating environments with unique conditions and limitations.
Bristow explained that, by contrast, powered-lift will function like
taxis and busses as alternative to commercial aircraft services within
a specific mile range at lower altitudes. Additionally, Bristow stated
that powered-lift operations will follow set corridors with highly
scripted operations and catastrophic events would not be as
consequential due to built-in redundancies and autonomous systems.
Subpart G of part 61 prescribes the requirements for issuance of an
ATP certificate and ratings, the conditions under which those
certificates and ratings are necessary, and the general operating rules
for persons who hold those certificates. Among other requirements, a
person must meet the aeronautical experience requirements of subpart G
that apply to the aircraft category and class rating sought before
applying for the practical test. Section 61.163 sets forth the
aeronautical experience requirements for a powered-lift category
rating. Currently, a person must have at least 1,500 hours of total
time as a pilot that includes at least: (1) 500 hours of cross-country
flight time, (2) 100 hours of night flight time, (3) 250 hours in a
powered-lift as a PIC (or as an SIC performing the duties of a PIC
under the supervision of a PIC, or any combination thereof) that
includes at least 100 hours of cross-country flight time and 25 hours
of night flight time, and (4) 75 hours of instrument flight time in
actual or simulated instrument conditions.\266\ Additionally, no more
than 100 hours of the total aeronautical experience requirements may be
obtained in an FSTD that represents a powered-lift if the training is
obtained under a part 142 training center.\267\
---------------------------------------------------------------------------
\266\ Sec. 61.163(a)(1)-(4). The FAA notes that, of the 75
hours of instrument flight time, a person is limited to no more than
25 hours of simulated instrument time in an FSTD (see Sec.
61.163(a)(4)(i)). However, if training is completed in a course
conducted by a part 142 training center, a person may credit a
maximum of 50 hours of the 75 hours in an FSTD (see Sec.
61.163(a)(4)(ii)).
\267\ Sec. 61.163(b).
---------------------------------------------------------------------------
The FAA did not propose relief to the aeronautical experience
requirements for an ATP certificate with a powered-lift rating because
the reasons that the FAA proposed, and adopts herein, relief for the
PIC flight time in a powered-lift aeronautical experience requirements
for a commercial pilot certificate with a powered-lift rating are not
equally
[[Page 92366]]
applicable. The FAA acknowledges that the flight regimes of a powered-
lift and a helicopter are similar for purposes of airmen certification,
to warrant a stronger emphasis on vertical take-offs and landings and
transition into horizontal flight and reduction specifically to PIC in
a powered-lift time, particularly given the prerequisites to use the
SFAR where a pilot would have met the PIC requirements in another
aircraft. The FAA further reasoned that this reduction in PIC flight
time in a powered-lift and cross-country relief will be conducted under
a part 135, 141, or 142 training program. These training programs
inherently include safeguards such as greater oversight, structured
programs, dedicated training facilities, and FAA-approved curriculum,
which function to ensure the pilot engages in high-quality training
events.
However, the FAA did not reduce the total amount of flight time
required to apply for a commercial pilot certificate with a powered-
lift category rating, nor will this final rule reduce the total amount
of flight time required for an ATP certificate with a powered-lift
category rating for the same reasons. Specifically, as discussed in
section V.F.4.ii. of this preamble, accruing experience in the aircraft
through general minimum flight time requirements builds the pilot's
proficiency in responding to an array of environmental and decisional
situations. While this time is significantly lower for an ATP
certificate with a rotorcraft category, helicopter class rating than
for an ATP certificate with an airplane category rating (i.e., 300
hours), the FAA does not have, nor has been presented with, data or
supporting evidence that a reasonable safety basis exists to warrant a
significant reduction of hours, especially where the intended
operations for powered-lift include immediate passenger-transporting
commercial operations.
Additionally, the pilot flight time required for an ATP certificate
with a powered-lift category rating is generalized pilot time such that
a person's previously held experience in an airplane or helicopter will
constitute a sizeable portion of required time. Specifically, only 250
hours of the flight time set forth by Sec. 61.163 is required to take
place in a powered-lift. The FAA does not find this to be an
insurmountable amount of hours given the proficiency requirements
expected of a pilot transporting passengers in commercial
operations.\268\ Therefore, the FAA declines to provide any further
relief from the requirements of Sec. 61.163 outside of the alternate
definition of cross-country time, which would apply to the cross-
country requirement in Sec. 61.163(a)(3)(i).
---------------------------------------------------------------------------
\268\ Sec. 61.163(a)(3).
---------------------------------------------------------------------------
6. Alternate Experience and Logging Summaries
i. Summary Tables for Obtaining a Commercial Pilot Certificate With
Powered-Lift Rating
As noted, this rule finalizes requirements to facilitate airmen
certification for a commercial pilot certificate with a powered-lift
rating involving 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 3, 4, and 5 contain the
proposed alternate provisions for a commercial pilot certificate with a
powered-lift rating.
Table 3--Alternate Provisions for a Commercial Pilot Certificate With a Powered-Lift Category Rating: Test
Pilots and Instructor Pilots
----------------------------------------------------------------------------------------------------------------
Alternate provisions for test
Current flight time requirements pilots, FAA test pilots, and FAA Alternate provisions for instructor
(Sec. 61.129(e)) ASIs * pilots *
----------------------------------------------------------------------------------------------------------------
Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of No alternative. No alternative.
which 50 hours must be in a powered-
lift
----------------------------------------------------------------------------------------------------------------
PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which 100 hours of PIC flight time which 100 hours of PIC flight time, which
includes at least-- includes at least-- includes at least--
(1) 50 hours in a powered-lift, and (1) 35 hours in a powered-lift of (1) 35 hours in a powered-lift of
(2) 50 hours in cross-country flight which 15 may be in a Level C or which 15 may be in a Level C or
of which 10 must be in powered-lift higher FFS; and higher FFS; and
(2) 50 hours in cross-country flight (2) 50 hours in cross-country flight
of which 10 must be in powered- of which 10 must be in powered-
lift. lift.
A test pilot, FAA test pilot, or ASI An instructor pilot who is not rated
who is not rated in the powered- in the powered-lift may log PIC
lift may log PIC flight time in the flight time in the experimental
experimental powered-lift if (1) powered-lift if (1) acting as PIC,
the test pilot is the sole and (2) the flight is conducted for
manipulator of the controls, (2) the purpose of crew training.
the test pilot is acting as PIC, See Sec. Sec. 194.216 and
and (3) the flight is conducted for 194.219(c).
the purpose of R&D or showing
compliance.
See Sec. Sec. 194.216 and
194.217(c).
----------------------------------------------------------------------------------------------------------------
[[Page 92367]]
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of Test pilot, FAA test pilot, or ASI In lieu of receiving this training,
operation listed in Sec. may receive this training from an an instructor pilot may meet this
61.127(b)(5) that includes at instructor pilot (rather than an requirement by providing the
least-- authorized instructor) if (1) manufacturer's training curriculum
training is conducted in accordance to a test pilot, FAA test pilot or
with the manufacturer's training ASI, which includes 20 hours of
curriculum, and (2) test pilot, FAA training on the areas of operation
test pilot, or ASI receives listed in Sec. 61.127(b)(5). The
endorsement from instructor pilot instructor pilot must receive
certifying satisfactory completion endorsement from management
of the curriculum. official certifying that instructor
See Sec. 194.217(b)(1). pilot provided the training.
See Sec. 194.219(b)(1).
(1) 10 hours of instrument training Test pilot, FAA test pilot or ASI Instructor pilot may satisfy this
using a view-limiting device may receive this instrument requirement by providing instrument
including attitude instrument training from instructor pilot in training to test pilot, FAA test
flying, partial panel skills, an experimental powered-lift in pilot, or ASI in accordance with
recovery from unusual flight accordance with the manufacturer's the manufacturer's proposed
attitudes, and intercepting and proposed training curriculum. training curriculum. The instructor
tracking navigational systems. 5 See Sec. 194.217(b)(1). pilot must receive an endorsement
hours of the 10 hours required on from management official certifying
instrument training must be in a that instructor pilot provided the
powered-lift. training.
See Sec. 194.219(b)(1).
(2) The following cross-country Test pilot, FAA test pilot, or ASI Instructor pilot may complete all of
flights-- may complete all of the following the same alternate cross-country
One 2-hour cross country flight in a cross-country flights-- flights as test pilot, FAA test
powered-lift in daytime conditions One 2-hour cross country flight in a pilot or ASI.
that consists of a total straight- powered-lift in daytime conditions See Sec. 194.233(a).
line distance of more than 100 that consists of a total straight-
nautical miles from the original line distance of more than 50
point of departure; and nautical miles from the original
One 2-hour cross country flight in a point of departure;
powered-lift in nighttime One 2-hour cross country flight in a
conditions that consists of a total powered-lift in nighttime
straight-line distance of more than conditions that consists of a total
100 nautical miles from the straight-line distance of more than
original point of departure; and 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 Sec. 194.233(a).
(3) 3 hours in a powered-lift with Test pilot, FAA test pilot, or ASI Instructor pilot may accomplish the
an authorized instructor in may accomplish the practical test practical test preparation with
preparation for the practical test preparation with an instructor another instructor pilot (rather
within the preceding 2 calendar pilot (rather than an authorized than an authorized instructor).
months from the month of the test. instructor). See Sec. 194.219(b)(2).
See Sec. 194.217(b)(2).
----------------------------------------------------------------------------------------------------------------
Solo Flight Time or Flight Time Performing the Duties of PIC
----------------------------------------------------------------------------------------------------------------
Ten hours of solo flight time in a Test pilot, FAA test pilot, or ASI The alternate provision for test
powered-lift or 10 hours of flight may complete 10 hours of solo pilots, FAA test pilot or ASI also
time performing the duties of PIC flight time under an endorsement applies to instructor pilots.
in a powered-lift with an from an instructor pilot or 10 See Sec. 194.219(b)(3).
authorized instructor on board hours of flight time performing the
(either of which may be credited duties of PIC in a powered-lift
toward the flight time requirement with either a test pilot or an
under Sec. 61.129(e)(2), on the instructor pilot onboard.
areas of operation listed in Sec. See Sec. 194.217(b)(3).
61.127(b)(5)) that includes--
(1) One cross-country flight of not Test pilot, FAA test pilot, or ASI Instructor pilot may complete the
less than 300 nautical miles total may complete two cross-country same alternate cross-country
distance with landings at a minimum flights with landings at a minimum flights as test pilot, FAA test
of three points, one of which is a of three points, with one segment pilot, or ASI.
straight-line distance of at least consisting of a straight-line See Sec. 194.233(b).
250 nautical miles from the distance of at least 50 nautical
original departure point. However, miles from the original point of
if this requirement is being met in departure. The second cross-country
Hawaii the longest segment need flight must include landings at
only have a straight-line distance different points than the first
of at least 150 nautical miles; and cross country flight.
See Sec. 194.233(b).
[[Page 92368]]
(2) 5 hours in night VFR conditions No alternative. 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 an experimental powered-lift at the
manufacturer and the test pilots, ASIs 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 4--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. 61.129(e)) chief instructors, assistant chief instructors, and
TCEs * (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50 hours must No alternative.
be in a powered-lift
----------------------------------------------------------------------------------------------------------------
PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which includes at least-- 100 hours of PIC flight time, which includes at least--
(1) 50 hours in a powered-lift, and (1) 35 hours in a powered-lift, 15 of which may be in a
(2) 50 hours in cross-country flight of which 10 must Level C or higher FFS; and
be in powered-lift (2) 50 hours in cross-country flight of which 10 must
be in powered-lift.
An applicant who is not rated in the powered-lift may
log up to 25 hours of PIC flight time in a powered-
lift 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 Sec. Sec. 194.216 and 194.221(c).
----------------------------------------------------------------------------------------------------------------
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of operation listed An applicant may receive this training from an
in Sec. 61.127(b)(5) that includes at least-- instructor 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 Sec. 194.221(b)(1).
(1) 10 hours of instrument training using a view- An applicant may receive this instrument training from
limiting device including attitude instrument flying, instructor pilot in a type certificated powered-lift
partial panel skills, recovery from unusual flight in accordance with the manufacturer's training
attitudes, and intercepting and tracking navigational curriculum.
systems. 5 hours of the 10 hours required on See Sec. 194.221(b)(1).
instrument training must be in a powered-lift.
(2) The following cross-country flights-- An applicant may complete all of the following cross-
One 2-hour cross country flight in a powered-lift in country flights--
daytime conditions that consists of a total straight- One 2-hour cross country flight in a powered-lift in
line distance of more than 100 nautical miles from the daytime conditions that consists of a total straight-
original point of departure; and line distance of more than 50 nautical miles from the
One 2-hour cross country flight in a powered-lift in original point of departure;
nighttime conditions that consists of a total straight- One 2-hour cross country flight in a powered-lift in
line distance of more than 100 nautical miles from the nighttime conditions that consists of a total straight-
original point of departure; and 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 Sec. 194.233(a).
(3) 3 hours in a powered-lift with an authorized An applicant may accomplish the practical test
instructor in preparation for the practical test preparation from an instructor pilot (rather than an
within the preceding 2 calendar months from the month authorized instructor).
of the test. See Sec. 194.221(b)(2).
----------------------------------------------------------------------------------------------------------------
[[Page 92369]]
Solo Flight Time or Flight Time Performing the Duties of PIC
----------------------------------------------------------------------------------------------------------------
Ten hours of solo flight time in a powered-lift or 10 An applicant may complete 10 hours of solo flight time
hours of flight time performing the duties of PIC in a under an endorsement from an instructor pilot or 10
powered-lift with an authorized instructor on board hours of flight time performing the duties of PIC in a
(either of which may be credited toward the flight powered-lift with an instructor pilot onboard (rather
time requirement under Sec. 61.129(e)(2), on the than an authorized instructor).
areas of operation listed in Sec. 61.127(b)(5)) that See Sec. 194.221(b)(3).
includes--
(1) One cross-country flight of not less than 300 An applicant may complete two cross-country flights
nautical miles total distance with landings at a with landings at a minimum of three points, with one
minimum of three points, one of which is a straight- segment consisting of a straight-line distance of at
line distance of at least 250 nautical miles from the least 50 nautical miles from the original point of
original departure point. However, if this requirement departure. The second cross-country flight must
is being met in Hawaii the longest segment need only include landings at different points than the first
have a straight-line distance of at least 150 nautical cross country flight.
miles; and See Sec. 194.233(b).
(2) 5 hours in night VFR conditions with 10 takeoffs No alternative.
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
Sec. 194.221(a).
Table 5--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. 61.129(e)) under a Part 135, 141, or 142 approved training program
* (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50 hours must No alternative.
be in a powered-lift
----------------------------------------------------------------------------------------------------------------
PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which includes at least-- 100 hours of PIC flight time, which includes at least--
(1) 50 hours in a powered-lift, and (1) 35 hours in a powered-lift, 15 of which may be in a
(2) 50 hours in cross-country flight of which 10 must Level C or higher FFS, and
be in powered-lift (2) 50 hours in cross-country flight of which 10 must
be in powered-lift.
An applicant who is not rated in the powered-lift may
log up to 25 hours of PIC flight time in a 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 Sec. Sec. 194.216 and 194.223(c).
----------------------------------------------------------------------------------------------------------------
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of operation listed No alternative.
in Sec. 61.127(b)(5) that includes at least--
(1) 10 hours of instrument training using a view- No alternative.
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.
[[Page 92370]]
(2) The following cross-country flights-- An applicant may complete all of the following cross-
One 2-hour cross country flight in a powered- country flights--
lift in daytime conditions that consists of a total One 2-hour cross country flight in a powered-
straight-line distance of more than 100 nautical miles lift in daytime conditions that consists of a total
from the original point of departure; and straight-line distance of more than 50 nautical miles
One 2-hour cross country flight in a powered- from the original point of departure;
lift in nighttime conditions that consists of a total One 2-hour cross country flight in a powered-
straight-line distance of more than 100 nautical miles lift in nighttime conditions that consists of a total
from the original point of departure; and 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 Sec. 194.233(a).
(3) 3 hours in a powered-lift with an authorized No alternative.
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-lift or 10 No alternative.
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 toward 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 than 300 An applicant may complete two cross-country flights
nautical miles total distance with landings at a with landings at a minimum of three points, with one
minimum of three points, one of which is a straight- segment consisting of a straight-line distance of at
line distance of at least 250 nautical miles from the least 50 nautical miles from the original point of
original departure point. However, if this requirement departure. The second cross-country flight must
is being met in Hawaii the longest segment need only include landings at different points than the first
have a straight-line distance of at least 150 nautical cross country flight.
miles; and See Sec. 194.233(b).
(2) 5 hours in night VFR conditions with 10 takeoffs No alternative.
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, this rule finalizes requirements 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 will 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 6, 7, and 8 summarize the alternate provisions for an
instrument-powered-lift rating.
Table 6--Alternate Provisions for an Instrument-Powered-Lift Rating: Test Pilots and Instructor Pilots
----------------------------------------------------------------------------------------------------------------
Alternate provisions for test
Current flight time requirements pilots, AA test pilots, and FAA Alternate provisions for instructor
(Sec. 61.65(f)) ASIs * pilots *
----------------------------------------------------------------------------------------------------------------
Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as A test pilot, FAA test pilot or ASI An instructor pilot who is not rated
PIC, of which 10 hours must have who is not rated in the powered- in the powered-lift may log PIC
been in a powered-lift. lift may log PIC flight time in the flight time in the experimental
experimental powered-lift toward powered-lift toward the 10-hour
the 10-hour cross-country time cross-country time requirement if
requirement if (1) the test pilot (1) acting as PIC of the powered-
is the sole manipulator of the lift, and (2) the flight is
controls, (2) the test pilot acting conducted for the purpose of crew
as PIC of the powered-lift, and (3) training.
the flight is conducted for the See Sec. 194.227(c).
purpose of R&D or showing
compliance.
See Sec. 194.225(c).
----------------------------------------------------------------------------------------------------------------
[[Page 92371]]
Instrument Time on the Areas of Operation Listed in Sec. 61.65(c)
----------------------------------------------------------------------------------------------------------------
40 hours of actual or simulated A test pilot, FAA test pilot or ASI In lieu of receiving the 15 hours of
instrument time in the areas of may receive 15 hours of instrument instrument training on the areas of
operation listed in Sec. training on the areas of operation operation listed in Sec.
61.65(c), of which 15 hours must listed in Sec. 61.65(c) from an 61.65(c), an instructor pilot may
have been received from an instructor pilot (rather than an provide this instrument training to
authorized instructor who holds an authorized instructor) if (1) the the test pilot, FAA test pilot or
instrument-powered-lift rating, and training is conducted in accordance ASI in accordance with the
the instrument time includes: with the manufacturer's proposed manufacturer's proposed training
training curriculum, and (2) the curriculum. Instructor pilot must
test pilot, FAA test pilot or ASI receive endorsement from management
receives endorsement from official certifying that instructor
instructor pilot certifying pilot provided the training.
satisfactory completion of the See Sec. 194.227(b)(1).
curriculum.
See Sec. 194.225(b)(1).
(1) 3 hours of instrument flight Test pilot, FAA test pilot, or ASI Instructor pilot may accomplish the
training from an authorized may accomplish the practical test practical test preparation with
instructor in a powered-lift that preparation with an instructor another instructor pilot (rather
is appropriate to the instrument- pilot (rather than an authorized than an authorized instructor).
powered-lift rating within 2 instructor). See Sec. 194.227(b)(2).
calendar months before the date of See Sec. 194.225(b)(2).
the practical test; and
(2) Instrument flight training on Test pilot, FAA test pilot, Instructor pilot may
cross-country flight procedures, or ASI may complete the cross- complete the cross-country flight
including one cross-country flight country flight with an instructor with another instructor pilot
in a powered-lift with an pilot (rather than an authorized (rather than an authorized
authorized instructor that is instructor). instructor).
performed under IFR, when a flight Instead of completing one Instructor pilot may
plan has been filed with an ATC cross-country flight of 250 complete the same alternate cross-
control facility, that involves-- nautical miles, a test pilot, FAA country flights as test pilot.
A flight of 250 nautical test pilot, or ASI may complete two See Sec. Sec. 194.227(b)(4) and
miles along airways or by directed cross-country flights, each of 194.235(a).
routing from an ATC facility; which must involve a flight of 100
An instrument approach at nautical miles along airways or by
each airport; and directed routing from an ATC
Three different kinds of facility.\1\
approaches with the use of See Sec. Sec. 194.225(b)(4) and
navigation systems. 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, ASIs and instructor pilots must be authorized by the Administrator to act as
PIC of the experimental powered-lift. See 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 7--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. 61.65(f)) chief instructors, assistant chief instructors, and
TCEs * (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as PIC, of which 10 An applicant who is not rated in the powered-lift may
hours must have been in a powered-lift. log PIC flight time in the powered-lift toward 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 Sec. 194.229(c).
----------------------------------------------------------------------------------------------------------------
Instrument Time on the Areas of Operation listed in Sec. 61.65(c)
----------------------------------------------------------------------------------------------------------------
40 hours of actual or simulated instrument time in the An applicant may receive 15 hours of instrument
areas of operation listed in Sec. 61.65(c), of which training on the areas of operation listed in Sec.
15 hours must have been received from an authorized 61.65(c) from an instructor pilot (rather than an
instructor who holds an instrument-powered-lift authorized instructor) if the training is conducted in
rating, and the instrument time includes: accordance with the manufacturer's training
curriculum, and the applicant receives endorsement
from instructor pilot certifying satisfactory
completion of the curriculum.
See Sec. 194.229(b)(1).
(1) 3 hours of instrument flight training from an An applicant may accomplish the practical test
authorized instructor in a powered-lift that is preparation from an instructor pilot (rather than an
appropriate to the instrument-powered-lift rating authorized instructor).
within 2 calendar months before the date of the See Sec. 194.229(b)(2).
practical test; and
[[Page 92372]]
(2) Instrument flight training on cross-country flight Applicant may complete the cross-country
procedures, including one cross-country flight in a flight with an instructor pilot (rather than an
powered-lift with an authorized instructor that is authorized instructor).
performed under IFR, when a flight plan has been filed Instead of completing one cross-country flight
with an ATC control facility, that involves-- of 250 nautical miles, an applicant may complete two
A flight of 250 nautical miles along airways cross-country flights, each of which must involve a
or by directed routing from an ATC facility; flight of 100 nautical miles along airways or by
An instrument approach at each airport; and directed routing from an ATC facility.\1\
Three different kinds of approaches with the See Sec. Sec. 194.229(b)(4) and 194.235(a).
use of navigation systems.
----------------------------------------------------------------------------------------------------------------
* 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
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 8--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. 61.65(f)) under a Part 135, 141, or 142 approved training program
* (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as PIC, of which 10 An applicant may credit up to 4 hours obtained in a
hours must have been in a powered-lift. Level C or 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 Sec. 194.231(c).
----------------------------------------------------------------------------------------------------------------
Instrument Time on the Areas of Operation listed in Sec. 61.65(c)
----------------------------------------------------------------------------------------------------------------
40 hours of actual or simulated instrument time in the No alternative.
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 training from an No alternative.
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
(2) Instrument flight training on cross-country flight Instead of completing one cross-country flight of 250
procedures, including one cross-country flight in a nautical miles, an applicant may complete two cross-
powered-lift with an authorized instructor that is country flights, each of which must involve a flight
performed under IFR, when a flight plan has been filed of 100 nautical miles along airways or by directed
with an ATC control facility, that involves-- routing from an ATC facility.\1\
A flight of 250 nautical miles along airways See Sec. Sec. 194.231(b) and 194.235(a).
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.
----------------------------------------------------------------------------------------------------------------
* 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.
7. Alternate Endorsement Requirements for Certain Persons Seeking
Powered-Lift Ratings
Under the traditional airman certification framework in part 61, an
applicant for a certificate or rating must receive certain endorsements
from an authorized instructor.\269\ The FAA identified the same
barriers to endorsements as previously discussed in sections V.F.2. and
V.F.3. of this preamble insofar as part 61 defines ``authorized
instructor,'' in pertinent part, as a person who holds a flight
instructor certificate issued under part 61. Additionally, Sec.
61.195(b) restricts a
[[Page 92373]]
flight instructor from conducting training in an aircraft unless the
flight instructor holds the appropriate ratings on their flight
instructor certificate. Instructor pilots at the manufacturer will
provide training to test pilots, FAA test pilots, FAA ASIs, and the
initial cadre of instructors, but may not meet the definition of
``authorized instructor'' under part 61. Additionally, the SFAR will
permit instructor pilots to credit training they provide, which would
create a barrier in receiving an endorsement, as the FAA maintains the
concept of a general prohibition on self-endorsement.\270\ Therefore,
the FAA proposed an alternate endorsement pathway in Sec. 194.213. The
FAA did not receive any comments specifically pertaining to the
alternate endorsement requirements proposed in Sec. 194.213 and adopts
the section with two minor revisions, subsequently discussed.\271\
---------------------------------------------------------------------------
\269\ For example, Sec. Sec. 61.31(d)(2), 61.51(h).
\270\ See Sec. 61.195(i).
\271\ The FAA notes that Eve provided a comment related to
endorsements in the context of ICAO Annex 2.1.1.4. Specifically, Eve
stated that the FAA should remove Sec. 194.213 because 2.1.1.4 and
removal of the category rating would no longer necessitate alternate
flight instructor endorsements. Because the FAA is not implementing
2.1.1.4, as discussed at length in section V.F.3.i. of this
preamble, this recommendation is rendered inapplicable.
---------------------------------------------------------------------------
The NPRM proposed Sec. 194.213(a)(1) 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 to applicants who are (1) test pilots for the manufacturer of
an experimental powered-lift, or (2) persons authorized by the
Administrator to serve as an initial check pilot, chief instructor,
assistant chief instructor, or training center evaluator (TCE) for the
purpose of initiating training in a powered-lift under an approved
training program under part 135, 141, or 142.\272\
---------------------------------------------------------------------------
\272\ Under proposed Sec. 194.213(a)(2), certain management
officials within the manufacturer's organization may provide an
endorsement to an instructor pilot who provided the manufacturer's
training curriculum to a test pilot (Sec. Sec. 194.219(b)(1)(ii)
and 194.227(b)(1)(ii)). The final rule adopts this provision as
proposed.
---------------------------------------------------------------------------
Because this final rule extends the alternate pathway afforded to
test pilots to FAA test pilots and ASIs (i.e., Sec. Sec. 194.217 and
194.225), new Sec. 194.213(a)(1)(iii) adds FAA test pilots and
aviation safety inspectors into the population of pilots for which an
instructor pilot may provide an endorsement (i.e., aligning with test
pilots). Additionally, the FAA notes that Sec. 194.219(b)(3) permits
an instructor pilot to satisfy the aeronautical experience requirement
in Sec. 61.129(e)(4) by logging at least 10 hours of solo flight time
under an endorsement from another instructor pilot. Similarly, Sec.
194.227(b)(3) permits an instructor pilot to accomplish the cross-
country flight specified in Sec. 61.65(f)(2)(ii) for an instrument-
powered-lift rating without an authorized instructor, provided, in
pertinent part, the instructor pilot obtains a logbook or training
record endorsement from the instructor pilot certifying that the person
completed the cross-country flight. Because these regulations permit an
instructor pilot to provide an endorsement to another instructor pilot,
but the instructor pilot will not be a part 61 authorized instructor,
this final rule adds instructor pilots to the alternate endorsement
requirements in Sec. 194.213(a)(1)(i).
G. Training in an Approved Program Under Parts 135, 141, and 142
As discussed in section V.F.7. of this preamble, the FAA is
adopting alternate requirements for a person to obtain a commercial
pilot certificate with a powered-lift category rating and an
instrument-powered-lift rating. Because the alternate eligibility
framework provides relief to applicants under the SFAR, the FAA found
it appropriate to limit the circumstances under which an applicant
could use the relief. As discussed in the NPRM,\273\ the FAA found that
part 135 operators, part 141 pilot schools, and part 142 training
centers would best facilitate a training program aligned with the
alternate framework set forth in the SFAR. Specifically, part 141 pilot
schools and part 142 training centers are already structured to provide
alternate methods to obtain training and testing for part 61
certification, including established mechanisms and oversight for
curriculum, facilities, and personnel. Conversely, no regulatory
framework generally exists for part 135 operators to conduct training
and testing for initial ratings under part 61 because part 135 training
and checking is primarily structured to qualify pilots to serve in a
particular aircraft within the part 135 operational environment.
However, the FAA found it appropriate to facilitate an option of
training, testing, and checking for a powered-lift rating for part 135
operators for the limited purpose of the SFAR, as proposed in the NPRM
and subsequently discussed herein.\274\ Therefore, the NPRM proposed
that, to be eligible for some of the alternate requirements, a pilot
must satisfactorily complete the applicable curricula for those ratings
in an approved training program under part 135, 141, or 142. As
proposed, after completion of the approved curricula, a person would be
required to satisfactorily complete the applicable practical test to
obtain the powered-lift rating.
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\273\ 88 FR 38946 at 38990 (June 14, 2023).
\274\ The FAA notes that this concept of crediting training in
the operator's approved training program toward training and
endorsements requirement to certain part 61 requirements is not
wholly precedent-setting. See Sec. Sec. 61.157(c), 61.157(f), and
61.63(d)(6)(ii).
---------------------------------------------------------------------------
The proposal to facilitate the alternate requirements via a
training program under parts 141 and 142 and expand training program
privileges to part 135 operators received general support.
Specifically, AWPC agreed with the FAA's approach that the SFAR
training must be conducted as an approved course under part 135, 141,
or 142, citing the clearly defined prerequisites to entry and the
highly standardized and regulated course of instruction that would be
offered. GAMA echoed this support, stating that relief provided in the
SFAR necessitates training in approved courses under part 135, 141, or
142 to ensure standardized instruction with defined prerequisites.\275\
A4A also expressed general support and further recommended that the
training curricula across all parts be required to comply with
standardized curricula design, learning objectives, performance tasks,
and evaluation criteria as determined by the FAA for the training and
qualification of powered-lift pilots and flight instructors.
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\275\ Section V.F. of this preamble addresses GAMA's additional
comments pertaining to a competency and training-oriented
curriculum, rather than an hours-based approach.
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The following sections summarize the facilitation of the alternate
requirements in each part and discuss comments received.
1. Part 135
As previously discussed, part 135 training and checking \276\ is
traditionally intended to qualify a pilot to serve in a particular
aircraft in a specific part 135 operation, whereby the pilot would
already hold the certificates and ratings for such operations when they
are hired. The following sections V.G.1.i. through v. of this preamble
discuss the FAA's proposal to modify this traditional framework as it
pertains to training curricula, curriculum content, pilot eligibility,
instructor qualifications, and
[[Page 92374]]
checking and testing to implement a training regime for powered-lift
ratings for part 135 operators.
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\276\ Part 135 training and checking typically includes policies
and procedures specific to the part 135 operator and operation: for
example, crew resource management, flight planning procedures,
authorized approach procedures, and operations in weather
conditions.
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i. Airman Certification Training Curricula
To facilitate part 135 operators in establishing and implementing a
training curriculum under which pilots can obtain the powered-lift
ratings required for part 135 operations, the FAA proposed a temporary
provision in Sec. 194.243(a)(1). Under the proposed Sec.
194.243(a)(1), a part 135 certificate holder would be able to implement
a training curriculum to satisfy: (1) ground training, flight training,
and aeronautical experience requirements in Sec. 61.65 for an
instrument rating; \277\ (2) 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. These sections would
permit a part 135 operator to provide the necessary experience and
training for their initial pilots to receive part 61 certificates, as
well as qualify their pilots for part 135 operations.
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\277\ As discussed in the NPRM, some part 135 operators will
likely conduct only VFR operations. However, the FAA proposed 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. For reasons discussed in section V.J.5. of this
preamble, powered-lift pilots will be required to hold an instrument
rating even when operating under VFR. To facilitate pilots receiving
an instrument rating, the FAA will allow part 135 operators to
provide training for instrument ratings under an approved airman
certification curriculum.
---------------------------------------------------------------------------
As noted in the NPRM, a part 135 operator is not required to offer
this part 61 training. Rather, this provision is intended to provide
flexibility for part 135 operators 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. 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.\278\
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\278\ The FAA notes that guidance will be updated specifically
in FAA Order 8900.1 Volume 3, Chapter 19 (Flightcrew Member Training
and Qualification Programs) and Chapter 20 (Check Airman,
Instructor, and Supervisor Programs for Part 121 and 135 Certificate
Holders) to inform FAA ASIs on the approval and surveillance
structure of part 135 powered-lift training programs. This guidance
will be integrated into FAA Order 8900.1 upon final rule publication
and implementation.
---------------------------------------------------------------------------
Commenters generally supported the FAA's proposal to permit a part
135 certificate holder to provide training for powered-lift category
and type ratings on a commercial certificate and an instrument-powered-
lift rating through their approved curriculums. AWPC stated they agree
with the FAA's approach to requiring this training through approved
programs under parts 135, 141, and 142 because these courses apply
defined prerequisites and deliver a highly standardized and regulated
course of instruction. CAE also generally supported the FAA's proposal
stating it would ensure standardized and regulated instruction with
defined prerequisites. L3 Harris and Archer further echoed this
support. Additionally, AWPC, CAE, GAMA, Archer, and L3Harris
recommended that the FAA should add language to Sec. 61.71 to include
part 135 as an approved training program for powered-lift to clarify
that graduates of a part 135 approved certification program have met
the requirements of part 61.
Section 61.71 sets forth special rules for graduates of an approved
training program outside of part 61. Specifically, Sec. 61.71
acknowledges approved training programs under parts 141 and 142 as
meeting the applicable aeronautical experience, aeronautical knowledge,
and area of operation requirements under certain circumstances.\279\
Section 61.71(b) further acknowledges part 121 air carrier approved
training curriculum and proficiency checks in certain circumstances as
meeting the applicable requirements for an ATP certificate under Sec.
61.157. The FAA determined it is unnecessary to revise Sec. 61.71 to
include part 135 training programs because part 194 contains the
necessary language that enables part 135 operators to conduct part 61
training. As part 194 contains temporary allowances, it would not be
appropriate to make a permanent amendment to Sec. 61.71 because the
SFAR explicitly allows conduct notwithstanding provisions in part 61.
Section 194.243 and the amendment to Sec. 61.1(a) \280\ would
sufficiently integrate part 135 training in lieu of certain part 61
requirements.
---------------------------------------------------------------------------
\279\ Sec. 61.71(a).
\280\ Specifically, under Sec. 61.1(a), part 61 prescribes the
requirements for issuing pilot, flight instructor, and ground
instructor certificates, ratings, and authorizations; the conditions
under which those certificates, ratings, and authorizations are
necessary; the privileges and limitations of those certificates,
ratings, and authorizations; and the requirements for issuing such
certificates and ratings for persons who have taken courses approved
by the Administrator under other parts of chapter I of title 14 of
the Code of Federal Regulations. The FAA proposed to revise Sec.
61.1(a) to account for part 194 requirements, similar to the
allowance for current part 107, which would sufficiently integrate
the part 135 training program in tandem with new Sec. 194.243.
---------------------------------------------------------------------------
ii. Curriculum Content
Under proposed Sec. 194.243(a)(1), an operator would be able to
seek approval to offer training in conjunction with its part 135
operator training to qualify its pilots for part 135 operations. As
proposed, the curriculum content from a part 135 operator seeking to
provide this training would involve foundational ground and flight
training that may be nontraditional or inapplicable to part 135
operations (i.e., aeronautical experience such as solo flight time,
cross-country flight time, or certain maneuvers in the ACS). As
explained in the NPRM, the airman certification curriculum would be
required to satisfy the aeronautical experience requirements, including
(1) 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, (2) the requirements for an instrument rating in
Sec. 61.65(f) or the applicable alternate requirements set forth by
proposed part 194, and (3) the requirements for adding a type rating in
Sec. 61.63(d).\281\
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\281\ As discussed in the NPRM, operators seeking 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 can provide training and testing that result in the
pilot receiving a type rating.
---------------------------------------------------------------------------
Further, under Sec. 135.324, a certificate holder may contract
with or otherwise arrange to use the services of a part 142 training
center to conduct training, testing, and checking, subject to certain
training center requirements. This existing provision would be equally
applicable to a part 135 operator's approved certification curricula
under the SFAR (i.e., a part 142 training center could deliver the part
135 operator's approved certification curriculum). Likewise, the
operator could 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.
The FAA received comments from NATA and A4A (discussed below)
encouraging use of the standardized curriculum approach to the
certification curriculum in Sec. 194.243(a), but otherwise the FAA
received no substantive comments pertaining to the content of the
proposed curriculum.
[[Page 92375]]
Accordingly, Sec. 194.243(a) is adopted as proposed.
NATA recommended the FAA consider the standardized curriculum
program for part 135 operators. NATA stated that the standardized
curriculum concept, supported by FAA and industry in enabling safety
and administrative benefits, provides a means to standardize curricula
offered by part 142 training centers to part 135 operators as an option
to meet the training requirements of part 135. NATA emphasized benefits
such as enhanced training, testing, and checking; leveraging
experience; streamlined approval processes; and administrative
efficiencies. A4A echoed this general sentiment, recommending that part
141 pilot schools, part 142 training centers, and part 135 operators be
required to comply with standardized curricula design, learning
objectives, performance tasks, and evaluation criteria developed by the
FAA.
The standardized curriculum concept provides a means to standardize
curricula offered by part 142 training centers to part 135 operators as
an option to meet the training requirements of subpart H of part
135.\282\ This concept aims to provide an efficient means for approving
training curricula for a specific aircraft or series of aircraft
offered by part 142 training centers while increasing the consistency
of training, testing, and checking delivered to part 135 operators. To
note, standardized curriculum is not a complete training program; \283\
rather, it is the aircraft-specific segment of the part 135 training to
be delivered by a part 142 training center in accordance with Sec.
135.324(b) (and all applicable requirements under part 135).
Traditionally, the Training Standardization Working Group (TSWG)
collaborates with stakeholders to develop and recommend a standardized
curriculum to the ARAC for a specific aircraft fleet. In turn, the ARAC
presents the recommendations to the FAA for review, consideration, and
possible publication and implementation.\284\ Once published by the
FAA, if the POI determines it fits the needs of the operator, the
standardized curriculum is considered to meet the aircraft-specific
requirements of a part 135 training program.
---------------------------------------------------------------------------
\282\ www.faa.gov/pilots/training/standardized_curriculum.
\283\ The certificate holder would still be required to develop
some training curricula on their own, such as an indoctrination or
special operations curriculum.
\284\ See AC 142-1 Standardized Curricula Delivered by Part 142
Training Centers.
---------------------------------------------------------------------------
The FAA finds that part 135 training programs facilitating the
entrance of this new category of aircraft must remain flexible and
adaptive for the operator, retaining the ability to evolve with
emerging trends, safety concerns, and operational considerations as
powered-lift operations mature. The FAA agrees that the use of
standardized curriculum could provide a benefit to part 135 powered-
lift operators in the future. However, the FAA finds it impractical and
premature to establish a TSWG and develop a standard part 135
curriculum for a powered-lift because no certificated powered-lift have
completed the FSB process and, therefore, no operators currently use
powered-lift (or qualified powered-lift FFS).\285\ However, the SFAR
would not foreclose this as an option in the future should a specific
type of powered-lift with a similar training footprint emerge along
with significant insight into the training and operation of that
powered-lift to develop a standardized curricula.
---------------------------------------------------------------------------
\285\ The TSWG model is based on leveraging industry expertise
to make recommendations to the FAA on part 135 curriculum content.
Without any powered-lift currently operating, it will take time for
the requisite expertise to develop in industry to properly inform
the TSWG process.
---------------------------------------------------------------------------
iii. Pilot Eligibility
The FAA also proposed 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. The pilots
would also be required to meet the certificate and rating requirements
of proposed Sec. 194.215(a) (i.e., at least a commercial pilot
certificate with either (1) an airplane category rating with single- or
multiengine class rating and an instrument-airplane rating, or (2) a
rotorcraft category rating with a helicopter class rating and an
instrument-helicopter rating).
The FAA did not receive any comments on the proposed part 135 pilot
eligibility provisions and adopts the provision as proposed.
iv. Part 135 Instructors
Currently, instructors in part 135 are not required to hold a part
61 flight instructor certificate. Rather, a part 135 instructor must
meet the requirements set forth in Sec. Sec. 135.338 and 135.340.\286\
While the traditional part 135 instructor focuses on training pilots in
the specific aircraft and operation, part 135 instructors under the
SFAR will be training pilots on basic airman certification requirements
(i.e., part 61 requirements). To provide training on basic airman
certification requirements, a person must generally hold a part 61
flight instructor certificate with appropriate ratings. 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.\287\
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\286\ These requirements include that the instructor be PIC
qualified for the aircraft and operation (e.g., holding the airman
certificates and ratings, successfully completing the required
aircraft training phases, etc.), satisfactorily complete the
approved part 135 instructor ground and flight training, and undergo
continued observation by an FAA inspector, an operator check airman,
or an aircrew designated examiner employed by the operator to ensure
the quality and effectiveness of the instruction after initial
instructor acceptance.
\287\ See Sec. 61.3(d)(2)(ii) through (iv).
---------------------------------------------------------------------------
The FAA recognizes there are certain scenarios, though, where a
flight instructor certificate is not required. Under the narrowly
tailored exception in Sec. 61.3(d)(3)(ii), a flight instructor
certificate is not required to provide training and endorsements if
provided by the holder of an ATP certificate with the appropriate
rating in accordance with an approved air carrier training program
under part 121 or 135. However, when a pilot traditionally receives
training at a part 135 operator, the pilot already holds the
appropriate category and class ratings on their commercial pilot
certificate. Therefore, the instructor pilot who holds an ATP
certificate but not a part 61 flight instructor certificate would be
training a pilot who already demonstrated the basic airman
certification proficiency and competency to the airman certification
standards. This is unlike the framework adopted in this final rule
whereby the part 135 approved training program will include
foundational training and testing required to add category and
instrument ratings to a commercial pilot certificate in lieu of part 61
requirements.\288\
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\288\ Because 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, the exception in
Sec. 61.3(d)(3)(ii) does not currently apply and creates a safety
gap in allowing the holder of an ATP certificate to provide part 61
certification training. See Sec. 61.167(a) for ATP certificate
holder training privileges.
---------------------------------------------------------------------------
The FAA found it necessary to prevent a situation under which a
part 135 instructor who holds an ATP certificate with powered-lift
ratings
[[Page 92376]]
could provide training in a powered-lift to pilots 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. Specifically, as discussed in the NPRM, the
FAA 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
was based on the lack of powered-lift experience held by pilots
completing the part 135 training program (who would be completing basic
airman certification requirements) and the curriculum content required
for the issuance of a commercial pilot certificate with a powered-lift
category rating and an instrument-powered-lift rating (i.e.,
foundational ground and flight training and aeronautical experience not
traditionally included in a part 135 training curriculum.) \289\
---------------------------------------------------------------------------
\289\ 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).
---------------------------------------------------------------------------
The holder of a flight instructor certificate with a powered-lift
category rating would be qualified to provide training on the tasks and
maneuvers required in the approved certification training curriculum
because the tasks and maneuvers are included on the powered-lift flight
instructor practical test.\290\ Additionally, the flight instructor
would have demonstrated the ability to provide effective training 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. For these reasons, the FAA proposed Sec.
194.243(a)(2) to require an instructor in a part 135 airman
certification training program to hold a flight instructor certificate
with a powered-lift category rating and instrument-powered-lift rating
issued under part 61 (in addition to meeting the qualification
requirements of Sec. Sec. 135.338 and 135.340).
---------------------------------------------------------------------------
\290\ See Commercial Pilot for Powered-Lift Category ACS (FAA-S-
ACS-2) and Flight Instructor for Powered-Lift Category ACS (FAA-S-
ACS-27), both incorporated by reference under Sec. Sec. 61.14 and
61.43(a). Because Sec. 61.43(a) requires an applicant to perform
the tasks specified in the areas of operation contained in the
applicable ACS (or PTS), 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.
---------------------------------------------------------------------------
To ensure the narrow exception in Sec. 61.3(d)(3)(ii) is not
expanded in light of the FAA's proposal, the FAA proposed Sec.
194.203(b) to specify that 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). Additionally, to ensure the ATP
privileges contained in Sec. 61.167(a) are not expanded as a result of
the SFAR, the FAA proposed a limitation in Sec. 194.205 to 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.
ALPA and an individual commenter supported the requirement that
part 135 instructors providing training for a commercial pilot
certificate with powered-lift ratings and an instrument-powered-lift
rating hold a part 61 flight instructor certificate with appropriate
ratings. The individual stated that the SFAR would enable the part 135
instructors to provide foundational flight training to someone who does
not already hold the category rating at the commercial level, which
necessitates instructors trained under the same requirements as part 61
instructors in the interest of ensuring safety and effective training.
ALPA supported the FAA's conclusion, as set forth in the preamble to
the NPRM, that a person with a flight instructor certificate would be
best suited to provide training on the foundational tasks, maneuvers,
and skills, and provide any corrective feedback and analysis.
FlightSafety International, UPS Flight Forward (UPS FF), and
L3Harris commented on the FAA's proposal to require a part 61 flight
instructor certificate to provide training under the SFAR at a part 135
operator. FlightSafety International did not appear to disagree with
the general concept to require a flight instructor certificate for part
135 instructors under the SFAR, but rather commented on the proposal in
the context of aligning the type rating requirement with ICAO Annex 1,
section 2.1.1.4. Specifically, FlightSafety International recommended
the FAA revise proposed Sec. 194.203(b) to require a flight instructor
under part 135 to hold any category or class flight instructor
certificate with the appropriate powered-lift type rating only (rather
than a flight instructor certificate with a powered-lift category and
type rating). FlightSafety International also proposed similar
revisions (i.e., any flight instructor certificate with only a powered-
lift type rating) in Sec. Sec. 194.205 and 194.243.
UPS FF opposed the flight instructor certificate requirement,
stating that part 135 operators and part 121 airlines have long relied
on the regulatory allowance to train and qualify pilots without holding
a part 61 flight instructor certificate and asserted that such a
requirement would result in less experienced part 135 instructors or
add a financial burden to operators that fund their instructors in the
completion of part 61 instructor training. UPS FF urged the FAA to take
several factors into consideration, including a perceived pilot
shortage, the introduction of new and unique aircraft into commercial
service, and the desire to have experienced pilots training new
entrants. UPS FF suggested the FAA leverage the Aircrew Program
Designee (APD) process to support part 135 operators conducting
training and checking resulting in the issuance of both a category and
type rating to a part 61 certificate. Similarly, L3Harris opposed the
requirement, stating it would not add any value or safety to the
certification process and will burden instructors at air carriers.
First, for the reasons stated in section VII.A. of this preamble,
the FAA is not implementing ICAO Annex 1, section 2.1.1.4 therefore
FSI's suggestions are likewise not adopted.
As previously discussed, UPS FF correctly notes that parts 121 and
135 operators have traditionally relied on the allowance to train and
qualify pilots without holding a part 61 flight instructor certificate.
However, this allowance is narrowly tailored to the training and
checking designed to prepare a pilot to operate in accordance with the
air operator's certificate for which they are employed and for
certification purposes extends solely to training required for a type
rating. Under the new requirements in the SFAR, certificate holders
under part 135 may submit a curriculum constituting a comprehensive
airman certification training framework, which would go beyond the
traditional scope of a part 135 training program. In other words, part
135 certificate holders are not presently permitted to train pilots for
their initial part 61 category ratings and, therefore, the
corresponding instructor
[[Page 92377]]
pilots are not required to hold part 61 flight instructor certificates.
The certification activity currently allowed to be accomplished
through the completion of a certificate holder's training program is
not analogous to the new certification curriculum for a commercial
pilot certificate and instrument rating. First, to the extent that
Sec. 61.157(f) allows checks at an operator to satisfy the practical
test requirements for an ATP certificate, the ATP certificate practical
test requires no additional training but rather is an experience-based
eligibility (e.g., 1,500 total time as a pilot, etc.). Conversely, a
commercial pilot certificate requires an applicant to complete training
and acquire flight experience. To the extent that Sec. 61.157(c)
allows pilots training under a part 135 training program to forego the
flight training for a type rating in Sec. 61.157(b)(1) if they present
a training record that shows completion of a certificate holder's
approved training program for the aircraft type that also is
distinguishable because a certificate holder's training program, like
training for a type rating, is aircraft type specific. Accordingly,
there is a correlation between the content of the operator's training
program and the type rating training. It is for the exact reasons cited
by UPS FF and L3Harris--the introduction of new and unique aircraft, a
lack of experienced powered-lift pilots, and the desire to have
experienced pilots training new entrants--that the FAA maintains the
need for proficient flight instructors, who have been trained and
tested themselves on these foundational airman certification tasks,
maneuvers, and instructional abilities, to provide part 61 training.
Commenters recommended leveraging the aircrew program designee
(APD) process to reduce the reliance on instructors holding a part 61
flight instructor certificate. An APD for an operator is a check pilot
employed by the operator who is qualified and authorized to certify
other pilots by conducting a certification examination, giving the
operator the ability to facilitate certain airman certification for ATP
certificates and type ratings (Sec. Sec. 61.63 and 61.157). Under the
SFAR, the company may still leverage APDs to conduct evaluations
required for the newly enabled ratings. However, the use of an APD
program does not reduce the importance of using a pilot with a flight
instructor certificate for initial certification training and ensuring
basic flight concepts are taught by an appropriately rated individual
with an understanding of training initial applicants. Therefore, the
SFAR would not foreclose the use of an APD process under part 135, but
individuals who provide flight training must be appropriately qualified
as set forth in the SFAR.
The FAA notes that the requirement to hold a part 61 flight
instructor certificate with powered-lift ratings applies only to part
135 instructors who train pilots seeking to obtain their initial
powered-lift category and instrument ratings under a part 135 training
program. The FAA is not altering the ability of an operator to use
pilots who possess an ATP certificate to provide training under their
approved part 135 training program with qualified PICs that hold their
ATP certificate, as is the current status quo. This SFAR provision
would only apply to training for initial powered-lift ratings under the
part 135 training program to meet the part 61 requirements
concurrently.
Therefore, this final rule adopts the part 135 flight instructor
certificate provisions as proposed.
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 proposed several
provisions in Sec. 194.243(b) pertaining to part 135 airman
certification and checking, which are adopted herein as proposed with
one addition in new Sec. 194.243(b), as subsequently discussed. First,
Sec. 194.243(b)(1) permits, at the completion of the certification
curriculum and the part 135 operator training, a pilot to 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 Sec. 135.293(b), and an instrument proficiency check under Sec.
135.297 provided certain conditions are met.\291\ Under Sec.
194.243(b)(1)(iii)(A), the competency check must 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.\292\ Similarly, the instrument proficiency check must 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.\293\ 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 set forth by Sec. 194.243(c), the
testing, competency check, and instrument proficiency check would be
administered by an ASI or 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.
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\291\ As noted in the NPRM, the FAA recognizes that certain PICs
in part 135 would not be required to complete an instrument
proficiency check under Sec. 135.297 (e.g., PICs and SICs serving
in VFR only operations and SICs serving in IFR operations). However,
if the operator opts to pursue a training program under the SFAR to
issue an instrument-powered-lift rating, the person would be
required to successfully complete the Sec. 135.297 instrument
proficiency check to meet the requirements of proposed Sec.
135.243(b) (see section V.J.5. of this preamble) and existing Sec.
135.245(a).
\292\ See Sec. Sec. 61.127(b)(5), 61.157(e)(3), and appendix A
to part 61.
\293\ 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 (e.g., circling approaches).
---------------------------------------------------------------------------
As proposed, certain part 135 regulations that apply to the
competency check and instrument proficiency checks will not apply to
the recognition of part 135 competency checks and instrument
proficiency checks under the SFAR for initial certification purposes
(i.e., to meet Sec. 194.243(b)(1)(iii)). Specifically, under Sec.
194.243(b)(2), the allowance in Sec. 135.301(b), which permits a pilot
who fails a maneuver on a check to receive additional training and then
repeat the maneuver, will not be applicable to the competency check and
instrument proficiency check under the SFAR.\294\ Lastly, the allowance
in Sec. 135.293(d), which permits the substitution of a Sec. 135.297
instrument proficiency check for a competency check, will not apply to
the competency check for the powered-lift category rating. These
exclusions are set forth in Sec. 194.243(b)(3).
---------------------------------------------------------------------------
\294\ In other words, the pilot would be expected to meet the
same standards as those set forth in
---------------------------------------------------------------------------
Sec. 61.43(a).
ALPA provided recommendations regarding competency checks,
including
[[Page 92378]]
the maneuvers and procedures required to issue a commercial pilot
certificate with powered-lift category rating. Specifically, ALPA
recommended the use of ``continuing qualifications standards'' as
outlined in part 135, which ALPA stated are foundational in training
and passing pilots in part 135. Additionally, ALPA urged the FAA to
provide standards and guidance for test pilots choosing the maneuvers
for the competency checks because the lack of a structured approach
would increase a safety risk in validating a pilot's competency.
Finally, ALPA sought clarification on the outcome in a scenario where a
pilot unsatisfactorily performs on a check and must recheck. ALPA
specifically requested the FAA to comment on waiting periods and
additional training requirements for such pilots.
First, in regard to ALPA's suggestion that a continuing
qualification standard be mandated amongst powered-lift operators, the
FAA notes that all part 135 operators would be required to adhere to
the regulations as applicable in part 135 and is unclear what
additional qualifications standards ALPA contends would be beneficial
for pilots. ALPA's use of the term ``continuing qualification'' could
be interpreted as the establishment of an Advanced Qualification
Program (AQP), which is discussed in section V.G.1.v of this preamble.
Any part 135 operator has the option of implementing an AQP, subject to
approval by their POI; it is not, however, mandatory for powered-lift
unless they operate as a commuter operation as required in Sec.
194.247. While the FAA does not foresee a high volume of commuter
powered-lift operations at the onset of this SFAR, these operations
will eventually emerge; the FAA expects pilots to obtain the
qualifications (ATP certificate) and manufacturers to develop aircraft
that would meet the regulatory thresholds for commuter operations.
However, any additional continuing qualification requirement would be
difficult to standardize at this time for the same reasons that the FAA
finds a standardized curriculum premature to implement. Additionally,
the FAA notes that the SFAR would not foreclose an operator from
initiating any additional benchmarks or qualification checks that
operator deems necessary for safe operation. For example, Archer
discussed imposition of a 500-hour minimum flight hour experience level
for pilots in anticipation of part 135 PIC responsibilities. Similarly,
Lilium indicated they would impose real-time monitoring through
approved remote technology to ensure operational safety is maintained
during flight training.
In addition to the items outlined in the checking modules and
because competency and proficiency checks can now result in a
commercial pilot certificate with a powered-lift category and type
rating and an instrument-powered-lift rating, the checking event will
be required to accomplish all the required tasks in the appropriate ACS
for a pilot applicant employed at a certificate holder. Specifically,
under Sec. 194.243(b)(1)(iii)(A), 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, an instrument-powered-lift rating, and a powered-lift type
rating. Similarly, under Sec. 194.243(b)(1)(iii)(B), the instrument
proficiency check must meet the requirements of Sec. 135.297 as
applicable to a PIC holding a commercial pilot certificate, except that
the instrument approaches to be included must include all instrument
approaches required for the issuance of an instrument-powered-lift
rating.
The FAA agrees with ALPA's general contention that ASIs, APDs, and
TCEs \295\ should be provided guidance and standards to conduct the
checks pursuant to Sec. 194.243(b). Currently, tables for pilot
proficiency checks are outlined in FAA Order 8900.1.\296\ These tables
will be updated with this final rule to account for checking modules in
a powered-lift to include basic checking modules for a Sec. 135.293
VFR competency check, Sec. 135.293 IFR competency check, Sec. 135.297
instrument proficiency check, and NVG tasks to be accomplished when
appropriate.
---------------------------------------------------------------------------
\295\ While ALPA cited test pilots as choosing the maneuvers,
the FAA notes that ASIs, APDs, and TCEs conduct checks for part 135
checks.
\296\ See Volume 3, Chapter 19, Section 7, tables 3-70 and 3-71.
---------------------------------------------------------------------------
Because Sec. 61.43 requires the practical test for the issuance of
a rating include all tasks specified in the areas of operation
contained in the applicable ACS as incorporated by reference in Sec.
61.14, it follows that the corresponding check must include these tasks
as well. For purposes of training program submission, the FAA notes
that a certificate holder's module format may be either a simple
outline, a table such as those contained in aforementioned FAA Order
8900.1 tables, or any other format that the POI finds clearly
establishes the methods to be used and elements and events to be
checked.
To the extent that ALPA sought clarification on unsatisfactory
performance during a check and the process for rechecking, as
previously stated, the FAA excluded the use of certain part 135
regulations traditionally applicable to the competency check and
instrument proficiency checks, as provided in Sec. 194.243(b)(2).
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. The FAA chose to foreclose this option if an individual was
obtaining an initial category certificate or rating to align with how a
part 61 pilot certificate is granted today in alignment with Sec.
61.43(c) which specifies that, if a pilot fails any area of operation,
that pilot fails the practical test. For evaluations and checks not
resulting in the issuance of a pilot applicant's initial powered-lift
ratings, the provisions in Sec. 135.301 would be available as they
normally are.
Further, because these checks essentially serve as a practical test
for certification, successful completion of which is essential to
ensuring comprehensive pilot proficiency, the FAA finds it necessary to
treat checks in the same manner as a practical test in part 61 when a
person cannot successfully demonstrate a task or maneuver. Where a
check under part 135 would typically permit the pilot to receive
additional training and repeat the maneuver, this final rule adopts new
Sec. 194.243(b)(4) that mirrors current Sec. 61.49(a). In the case of
a failed maneuver, the check will be recorded as an unsatisfactory
evaluation and a notice of disapproval will be issued. To qualify for a
recheck, the applicant will be required under Sec. 194.243(b)(4) to
(1) receive necessary training from an authorized instructor or
instructor pilot and (2) obtain an endorsement from the authorized
instructor or instructor pilot who conducted the training and
determination that the applicant is proficient to pass the test
attesting to the training.\297\ A new application for the ratings would
have to be made prior to a subsequent attempt. The retraining could not
occur as part of the same flight and evaluation sequence because the
person would be required to reapply for the check after receiving
training and an endorsement.
---------------------------------------------------------------------------
\297\ The applicant will also be required to comply with any
requirements provided in the approved part 135 training manual for
that operator.
---------------------------------------------------------------------------
2. Part 141 Pilot Schools
As previously discussed, part 141 pilot schools serve as a
structured
[[Page 92379]]
program \298\ under which a person may obtain part 61 certificates and
ratings; the FAA proposed to allow part 141 pilot schools to offer the
training for the alternate experience requirements set forth by the
SFAR. The FAA did not propose any relief from the personnel
requirements of a part 141 pilot school (i.e., subpart B of part 141).
As such, an instructor at a part 141 pilot school would 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.\299\ 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. As discussed in the NPRM, the FAA
anticipates part 141 pilot schools will obtain the necessary training
for powered-lift ratings from the manufacturers through the alternate
pathways, discussed in section V.B. of this preamble, and the initial
pool of instructors from the military pilots with certificates and
ratings through the provisions of Sec. 61.73.
---------------------------------------------------------------------------
\298\ For the purpose of this preamble, when referring to
training program under part 141, the FAA considers this term
synonymous with training course outline or training curriculum. The
FAA is noting the slight differentiation in terms here for
clarification.
\299\ Sec. 141.33(a)(3). See also 141.35(a)(1), 141.36(a)(1),
and 141.37(a)(2)(ii).
---------------------------------------------------------------------------
Specific to part 141 pilot school requirements, CAE and NBAA stated
that the requirement for Chief Instructors, Assistant Chief
Instructors, and Designated Pilot Examiners to acquire the proposed 50
hours in type (or combined with a simulator of Level C or higher) \300\
will be difficult as there are currently no powered-lift to use for
training and/or testing. Similarly, both commenters stated that flight
training organizations and students will experience a burden in finding
a powered-lift for training and testing toward a powered-lift rating
for non-commercial use.
---------------------------------------------------------------------------
\300\ The FAA notes that there are no specific requirements of
time in an aircraft to receive a type rating. See Sec. 61.63(d).
The FAA understands this comment to mean the 50 hours of PIC time in
a powered-lift, as the commenters both specified this amount of time
earlier in their comments when remarking on similar concerns in the
context of part 142. The FAA finds this comment is addressed in
section V.F.2. of this preamble, where the FAA describes the
reduction of PIC time in a powered-lift to 35 hours.
---------------------------------------------------------------------------
The FAA agrees with CAE and NBAA that the lack of civilian powered-
lift for training and testing will create a unique burden for flight
training organizations and students insofar as populations of pilots
seeking training will not have ready access to the aircraft like those
populations currently enjoy with airplanes and helicopters. The intent
of the SFAR and the respective alternate frameworks set forth by this
final rule work in tandem to alleviate that burden as much as possible
while upholding a level of safety for pilots seeking to engage in
civilian commercial operations commensurate with the existing high
level of safety for those operations.
The FAA notes that the SFAR does not solely address the
facilitation of commercial operations. Rather, as stated in the NPRM,
the intention expressed by industry to introduce these aircraft
immediately into passenger-carrying commercial operations instigated
the reconsideration of the existing airman regulations for powered-lift
and address the absence of specific regulations for pilots in part 135,
specifically. However, the SFAR does not create any additional barriers
for ``non-commercial'' operations and, in fact, includes part 141
personnel along with part 135 and part 142 personnel in the opportunity
to obtain training at the manufacturer for the purpose of forming the
initial cadre of instructors. In addition, the FAA proposed, and adopts
in this final rule as discussed in section V.F. of this preamble,
alternative requirements for private pilot certification. In the
context of a part 141 pilot school, once a population of qualified
personnel exists, the part 141 pilot school would be free to apply to
deliver any powered-lift training curriculum they are qualified to
provide (e.g., a private pilot certification course).
3. Part 142
A part 142 training center, likewise, provides an alternate means
to accomplish part 61 training and certification, established primarily
in response to advancement in flight simulation technology in the late
1990s.\301\ Aligned with the intent for part 141 pilot schools, the FAA
anticipates that a part 142 training center will establish the initial
cadre of flight instructors under the SFAR's alternate requirements by
obtaining the necessary training at the manufacturer (see section
V.F.2. of this preamble). After such, the part 142 training center
could establish powered-lift training curricula utilizing the qualified
TCEs to provide training to other instructor personnel at the training
center.
---------------------------------------------------------------------------
\301\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 61 FR 34508 (July 2, 1996).
---------------------------------------------------------------------------
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 instructors will be required to hold the
appropriate powered-lift ratings on their pilot and flight instructor
certificates.\302\ For instructors who conduct training in an FSTD,
Sec. 142.47(a)(5) requires that an instructor satisfy one of three
options 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,\303\
as applicable, 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; 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.
---------------------------------------------------------------------------
\302\ In addition to Sec. 142.47(a)(3), Sec. 142.49 sets forth
training center instructor and evaluator privileges and limitations
and restricts a training center from allowing an instructor to
provide flight training in an aircraft unless that instructor is
qualified and authorized in accordance with subpart H of part 61
(Flight Instructors Other than Flight Instructors with a Sport Pilot
Rating).
\303\ These sections set forth the aeronautical experience
requirements for a commercial certificate with an airplane single-
engine rating, airplane multiengine rating, helicopter rating, and
powered-lift rating.
---------------------------------------------------------------------------
Essentially, notwithstanding the third option, in the current
regulatory environment, the part 142 instructor seeking to instruct in
a powered-lift FSTD for a commercial pilot certificate would only be
required to meet the aeronautical experience requirements for a
commercial pilot certificate with a powered-lift category rating.
Because Sec. 142.47(a)(5)(ii) applies only to airplanes requiring a
type rating, persons instructing in an FSTD in a powered-lift (which
would all require a type rating under this final rule, as discussed in
section V.A. of this preamble) would only be required to meet the
aeronautical experience requirements of a commercial certificate with a
powered-lift category rating (i.e., Sec. 61.129(e)), unlike how
airplanes requiring a type rating are treated. In other words, Sec.
142.47(a)(5)(ii) would be
[[Page 92380]]
inapplicable because the person instructing in a powered-lift FSTD
would not be representing an airplane (the first criteria in the
paragraph), nor would the person be instructing in a curriculum leading
to the issuance of an ATP certificate or an added rating to an ATP
certificate (the second criteria in the paragraph). In the NPRM, the
FAA also noted this discrepancy concerning helicopters requiring a type
rating.
As comprehensively discussed in the NPRM,\304\ the FAA found it
necessary to ensure a person instructing in an FSTD for an aircraft
requiring a type-rating possess a higher level of experience than that
required for a commercial pilot certificate due to technological
advancements in type-rated aircraft. Therefore, the FAA proposed to
impose the same standard for powered-lift and rotorcraft instructors
providing training in an FSTD as those required for airplanes by
replacing the word ``airplane'' with ``aircraft'' in Sec.
142.47(a)(5)(ii).
---------------------------------------------------------------------------
\304\ 88 FR 38946 at 38996 (June 14, 2023).
---------------------------------------------------------------------------
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 or do not offer standalone type-
rated rotorcraft curriculum (e.g., the training center offers an ATP
curriculum for the type-rated rotorcraft, thereby falling into the
criteria in the second part of Sec. 142.47(a)(5)(ii)). However, to
facilitate integration of this regulatory change while not disrupting
current practice for those instructors who may not currently satisfy
this standard, the FAA proposed to except instructors that are
currently instructing in an FSTD that represent a rotorcraft requiring
a type rating from this proposed requirement in new Sec.
147.47(a)(5)(ii)(A) and (B).
Additionally, the FAA recognized that implementation of this
regulation may delay some operators initially by the lack of pilots
possessing an ATP certificate with the appropriate powered-lift
ratings. The FAA noted the availability of deviation authority in Sec.
142.9 for powered-lift instructors (and rotorcraft instructors, given
the regulatory change for this population of instructors). Section
142.9 functions to 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.\305\
---------------------------------------------------------------------------
\305\ See FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4. 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.
---------------------------------------------------------------------------
Many commenters, including NBAA, CAE,\306\ and Archer, opposed the
FAA's proposal to replace the term ``airplane'' with ``aircraft,''
thereby expanding the requirement for an FSTD instructor to meet the
aeronautical experience requirements of Sec. Sec. 61.159, 61.161, or
61.163, as applicable. Specifically, Archer stated the proposal is
devoid of a clear, safety-based justification and lacks necessary
supporting data to warrant its adoption. Archer urged the FAA to
consider that the underlying reason for the type rating was the
inability to establish coherent classes and recognize that if the FAA
did establish classes of powered-lift then the type-rating requirement
would disappear, as would the corresponding requirement for FSTD
instructors in Sec. 142.47(a)(5)(ii). Archer stated that the
aeronautical experience requirements for FSTD instructors of large,
complex, and turbojet powered type-rated airplanes should not be
equally applicable to powered-lift because powered-lift are simple to
fly and will be flown by predominantly commercial pilots without an ATP
certificate. Archer also emphasized the comparison of the aeronautical
experience expected from parts 141 and 135 instructors compared to part
142 instructors. Archer stated that the same FSTD that would require an
instructor with an ATP certificate or equivalent aeronautical
experience at a part 142 training center could be used for training
under part 135 or 141 with only an authorized instructor, resulting in
a burden to part 142 training centers. In sum, Archer urged the FAA to
maintain the existing language in Sec. 142.47(a)(5)(ii) preserving the
distinction between ``airplane'' and ``aircraft.'' If the FAA continued
to believe the proposed change is necessary, Archer provided suggested
revised language to exempt part 142 powered-lift and rotorcraft FSTD
instructors who also instruct in the aircraft being simulated from the
requirement to hold an ATP certificate or equivalent experience. Archer
also disagreed with the FAA's reliance on Sec. 142.9 as an avenue for
relief from the ATP experience requirements of Sec. 142.47(a)(5)(ii),
stating that the deviation approach may be cumbersome and elongated.
GAMA requested the FAA apply ICAO Annex 1 language (i.e., add a
powered-lift type rating to an existing commercial certificate with
airplane or helicopter ratings) and clarify that an instructor pilot
may meet the aeronautical experience requirements of Sec. 61.159
(airplane) or Sec. 61.161 (rotorcraft), as appropriate to the specific
aircraft type. GAMA also suggested the training instructor requirements
to be specified in the FSB report for that aircraft.
---------------------------------------------------------------------------
\306\ CAE and NBAA echoed their previous sentiment in the
context of training in accordance with part 141 under the SFAR. They
again stated that requiring the initial cadre of TCEs to be trained
by the manufacturer would create a backlog for training by
preventing part 142 training centers from qualifying initial
instructors and TCEs. They estimated part 142 training centers would
need 7 to 9 instructors per simulator, which will be difficult to
achieve given (1) the perceived atypical requirement for a training
center instructor to be a CFI, and (2) the requirement for
instructors to have a powered-lift category rating. The commenters
recommended removing the powered-lift category rating and the
requirement for training center instructors to hold a CFI with no
additional information on how these instructors would be
alternatively and sufficiently qualified.
---------------------------------------------------------------------------
First, Archer is correct that the FAA found it premature to
identify concrete sets of similar characteristics to establish powered-
lift classes at this time due to the wide variance in complexity,
design, flight, and handling characteristics between powered-lift. This
forms the basis for the requirement of a type rating. The operational
characteristics and introduction of novel aircraft and operations
necessitate that a person providing instruction maintain a higher
threshold of proficiency in areas such as interacting with air traffic
control, operating in an airport environment, navigating the
operational challenges of flying the aircraft in weather, using crew
resource management, and resolving maintenance discrepancies, all while
complying with FAA regulations, procedures, manuals, and
authorizations. Archer may be correct that some powered-lift may be
simple to fly; however, the FAA does not have an adequate sample size
with which to determine whether powered-lift are sufficiently simple
enough such that training qualifications in an FSTD should be
decreased. While one powered-lift may be overwhelmingly autonomous,
another may encompass largely manual operations.
However, the FAA recognizes that, to Archer's point, the underlying
reasons for establishing a type rating for all powered-lift do not
substantially align with the reasons an airplane or helicopter may
require a type rating under Sec. 61.31. Specifically, under Sec.
61.31(a), a person who acts as a PIC of a large aircraft,\307\
turbojet-powered airplane, or other aircraft as specified by the
Administrator through aircraft type certificate procedures must hold a
type
[[Page 92381]]
rating for that aircraft. The FAA determined the speed, complexity, and
operating characteristics of large aircraft require the PIC to
demonstrate proficiency in operating the specific aircraft; similarly,
the FAA determined that the performance, environment, and operating
characteristics of turbojet-powered airplanes require the PIC to
demonstrate proficiency in operating the specific airplane.\308\ As
adopted by this final rule, a PIC will be required to hold a type
rating for every powered-lift to account for the lack of classes
established at this time and diversity in powered-lift configurations,
controls, and operating characteristics. It follows that not every
powered-lift will be equally complex as a large aircraft or turbojet
airplane just by virtue of requiring the pilot to hold a type rating
under Sec. 61.31(a).
---------------------------------------------------------------------------
\307\ Pursuant to 14 CFR 1.1, large aircraft means aircraft of
more than 12,500 pounds, maximum certificated takeoff weight.
\308\ Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17,
1964). Pilot Rating Requirements, final rule, 30 FR 11903 (Sep. 17,
1965).
---------------------------------------------------------------------------
Therefore, this final rule revises the proposed replacement in
Sec. 142.47(a)(5)(ii) of ``airplane'' requiring a type rating with
generalized ``aircraft'' requiring a type rating (i.e., enveloping
large airplanes, large helicopters, turbojet powered airplanes, and all
powered-lift, despite the size or engine type). Rather, this final rule
will extend the requirements of current Sec. 142.47(a)(5)(ii) to
rotorcraft requiring a type rating (as proposed), ``large'' powered-
lift (i.e., powered-lift of more than 12,500 pounds maximum
certificated takeoff weight), and turbojet powered powered-lift.\309\
This amendment holds powered-lift akin to the airplane type rating
requirement, recognizing that large powered-lift and powered-lift that
operate with turbojet engines are complex, high-speed, and high-
altitude, and, therefore, require an increased caliber of experience
when instructing in the simulator. Since every powered-lift requires a
type rating, to avoid being overly expansive, the amendment does not
tie the ATP experience requirement for powered-lift to those having a
type rating, but instead to what normally triggers a type rating
requirement in airplanes and helicopters. Part 142 instructors seeking
to instruct in an FSTD representing a powered-lift of 12,500 pounds
maximum certificated takeoff weight or less and powered-lift that do
not use turbojet engines would not be required to meet the ATP
requirements set forth by Sec. 142.47(a)(5)(ii); these instructors
could simply meet the applicable aeronautical experience requirements
of Sec. 61.129(e) as set forth in Sec. 142.47(a)(5)(i).
---------------------------------------------------------------------------
\309\ This corrects a discrepancy made in the 1996 final rule
(61 FR 34508, July 2, 1996) whereby the word ``airplane'' was
unintentionally substituted for ``aircraft'', excluding rotorcraft
complex enough to require a type rating from the ATP experience
requirements.
---------------------------------------------------------------------------
To improve readability of the regulation, the FAA adopts the
revisions to Sec. 142.47(a)(5)(ii) in a revised format. The
introductory text in Sec. 142.47(a)(5) will require a person to meet
at least one of the requirements in paragraphs (i) through (iii). These
are the three options currently in paragraph (a)(5)(i) through (iii)
but, as subsequently discussed, this final rule adds an exception in
new paragraph (a)(5)(iv). Paragraphs (a)(5)(i) and (iii) will retain
the current requirement set forth in the regulations, respectively.
Paragraph (a)(5)(ii) will require a person to meet the aeronautical
experience requirements of Sec. Sec. 61.159, 61.161, or 61.163, as
applicable, in the scenarios set forth by new paragraph (a)(5)(ii)(A)
(in an FSTD representing an airplane or rotorcraft requiring a type
rating, a powered-lift over 12,500 pounds, or a turbojet powered
powered-lift, with one exception) and new paragraph (a)(5)(ii)(B) (in a
curriculum leading to the issuance of an ATP certificate or an added
rating to an ATP certificate). Section 142.47(a)(5)(iv) will set forth
the aforementioned exception to Sec. 142.47(a)(5)(ii)(A).
Specifically, new Sec. 142.47(a)(5)(iv) excepts a person employed as
an instructor and instructing in an FSTD representing a rotorcraft
requiring a type rating from meeting the aeronautical experience
requirements of Sec. 142.47(a)(5)(ii) if the person is not instructing
in a curriculum leading to the issuance of an ATP certificate or an
added rating to an ATP certificate and the person was employed and met
the remaining applicable requirements of Sec. 142.47 on March 21,
2025. The FAA notes that exception was proposed in the NPRM but is
simply redesignated in the adoption of this final rule.
Finally, the FAA recognizes that a person who obtains a commercial
pilot certificate with a powered-lift category rating in accordance
with the SFAR will not technically have met the aeronautical experience
requirements set forth by Sec. 61.129(e). For example, a pilot will
have only completed 35 hours of PIC time in a powered-lift (Sec.
194.216(a)) rather than 50 hours (Sec. 61.129(e)(2)(i)).\310\ Under
current Sec. 142.47(a)(5)(i), that fully certificated pilot would be
required to seek 15 more hours of PIC time in a powered-lift to meet
the aeronautical experience requirements of Sec. 61.129(e)(2)(i). The
FAA does not find that a person should be required to attain additional
experience after the person has met the regulatory aeronautical
experience requirements as set forth in part 61 or through an
abbreviated experience regulation (i.e., part 141) and proven
proficiency through the practical test. Therefore, this final rule adds
the qualification option of simply holding a commercial pilot
certificate with the appropriate ratings. The FAA emphasizes that
meeting the aeronautical experience requirements as currently required
remains an option without holding the certificate itself, as well. For
these same reasons, this final rule adds the option to hold an
unrestricted ATP certificate with the appropriate ratings to Sec.
142.47(a)(5)(ii).
---------------------------------------------------------------------------
\310\ A similar gap exists for those pilots certificated in
accordance with part 141 where a person may be eligible for a
certificate after completing an abbreviated number of aeronautical
experience hours.
---------------------------------------------------------------------------
Finally, NBAA and CAE stated that, normally, part 142 training
center instructors do not need to hold a flight instructor certificate
or a flight instructor certificate with an instrument rating, but the
SFAR requires a powered-lift type rating, instrument-powered-lift
rating, a flight instructor certificate, and a flight instructor
certificate with an instrument rating. The two commenters noted that if
the aircraft is not type-certificated to enable IFR operations, the
flight instructor certificate with instrument rating and instrument
rating in the aircraft type will not be required. In sum, NBAA and CAE
recommended that the FAA should continue the long-time policy that
training center instructors do not need to hold the flight instructor
certificate or flight instructor certificate with instrument rating
provided they hold an ATP certificate.
The FAA agrees with NBAA and CAE that part 142 does not always
require a flight instructor certificate or a flight instructor
certificate with an instrument rating to instruct,\311\ and this final
rule does not change the status quo expected of part 142 instructors
outside of the previously discussed revisions in Sec. 142.47(a)(5),
which do not involve flight instructor certificate requirements.
Specifically, this final rule continues to uphold the requirements of
Sec. 142.47, as discussed herein. In other words, if instructing in an
FSTD for any curriculum, a part 142 instructor is not required to hold
a flight instructor certificate. However, under Sec. 142.47(a)(3), a
training center instructor providing training in an
[[Page 92382]]
aircraft in flight must be qualified in accordance with subpart H of
part 61, which includes the requirement to hold a flight instructor
certificate. As with training in flight in airplanes and rotorcraft
conducting at a part 142, flight training in a powered-lift in flight
will require the part 142 instructor to hold a flight instructor
certificate with the appropriate ratings.
---------------------------------------------------------------------------
\311\ Per Sec. 142.47 a flight instructor certificate is only
required if instructing in an aircraft in flight under a part 142
training center.
---------------------------------------------------------------------------
H. Practical Tests
1. Practical Test Equipment and Waiver Authority
Section 61.43 provides the general procedures for a practical test.
The FAA recently completed a rulemaking that amended Sec. 61.43 to
incorporate the PTSs and ACSs by reference (IBR).\312\ The rule revised
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. As it pertains to powered-lift,
the FAA incorporated six 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, (5) Flight Instructor for Powered-Lift
Category, and (6) Flight Instructor Instrument for Powered-Lift
Category. 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.
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\312\ **IBR RULE CITATION**
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Correspondingly, Sec. 61.45 sets forth the required aircraft and
equipment for a practical test. 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. 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.
Because the FAA will 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, no need exists for a
limitation should the powered-lift be precluded from performing a task
in an ACS. Therefore, the FAA proposed Sec. 194.207(a) to 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. This would not
adversely affect safety because the type-rated pilot could not act as
PIC of a different powered-lift type that may perform untested task
without completing another practical test in that type of powered-lift
first, thereby demonstrating proficiency on the task that had been
waived on the prior practical test.
As stated in the NPRM, because there are currently no type-
certificated powered-lift, the FAA did not have the requisite
information to determine which tasks might be deemed prohibited,
unsafe, or uncapable of being performed during the aircraft
certification and evaluation processes to delineate such tasks in the
proposed SFAR, nor was that information available for the IBR rule in
the adoption of the six powered-lift ACSs. One commenter addressed the
FAA's inability at this time to identify which tasks a powered-lift
would be precluded from performing, suggesting that the FAA could
address this information gap by speaking with the cadre of V-22, AW-
609, V-280, F-35 and AV-8 test pilots and engineers via working groups.
As discussed in section V.B. of this preamble, the U.S. Armed
Forces maintains and uses some of the powered-lift referenced by the
commenter in military operations. However, no surplus military powered-
lift have come into civil operations through the special airworthiness
certification process nor does the FAA anticipate surplus military
powered-lift to enter civil operations in the near term. Additionally,
military aircraft may maintain certain characteristics that are unique
to U.S. Armed Forces missions but are omitted in civilian powered-lift.
For example, military powered-lift are used for applications ranging
from troop and supply transport to attack operations. The technology,
operating characteristics, and flight control implementation in
military powered-lift may not correspond to the civilian operations
anticipated for FAA type certificated powered-lift that are currently
in development. Therefore, the information that may be gained by an
inquiry into a specific military powered-lift and their operations will
likely not result in meaningful or utile insights for determining
appropriate tasks to use or exclude in ACS development.
The FAA notes that this information continues to be unavailable to
warrant making any permanent change to the final rule or the powered-
lift ACSs at this time.\313\ The FAA maintains that, because the tasks
that a powered-lift may be incapable of performing and thus require
waiver, as subsequently discussed, involve a fact-specific inquiry
particular to a powered-lift type, the tailored type certification and
FSB processes \314\ are best suited to provide such information.
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 would
identify the operational limitations for the powered-lift type and
ascertain what tasks in the ACS are inapplicable.\315\ The FAA proposed
to address training and testing on tasks a powered-lift is precluded
from performing in Sec. Sec. 194.207(b) and (c) and 194.239(a). The
FAA did not receive comments on these provisions and adopts them as
proposed, as subsequently summarized.
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\313\ Should information become available during the pendency of
the SFAR revealing a certain task or element in the ACS as
inapplicable to all powered-lift, the FAA could revise the ACSs
through the rulemaking process at that time.
\314\ The FSB is responsible for specification of minimum
training, checking, currency, and type rating requirements, if
necessary for U.S.-certificated civil aircraft. The Board members
are drawn from the FAA's operations personnel (AED, headquarters,
and Flight Standards field offices). See AC 120-53 as revised,
Guidance for Conducting and Use of Flight Standardization Board
Evaluations.
\315\ The FAA understands there may be a scenario in which the
type certification and FSB processes reveal additional tasks are
necessary 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 in the ACS but are essential to the safe operation of
the specific type of powered-lift, the FAA may set forth these tasks
in a type-specific appendix to the powered-lift ACSs, which would be
incorporated by reference under Sec. 61.14 and appendix A to part
61 in accordance with the Administrative Procedure Act.
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Therefore, because Sec. 61.43(a) requires a pilot to demonstrate
all tasks within the applicable ACS, the waiver authority in Sec.
194.207(b) will account for the tasks inapplicable to a specific type
of powered-lift. Waived tasks will be set forth in the limitations
section of a designee's Certificate and Letter of Authority (CLOA)
specific to each type of powered-lift in which the designee is
authorized to conduct a practical test.
To account for the requirement that an applicant for a certificate
or rating must receive and log flight training on
[[Page 92383]]
the applicable areas of operation that apply to the aircraft category
and class rating sought,\316\ Sec. 194.207(c) will 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 \317\ 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.
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\316\ Sec. Sec. 61.107(a), 61.127(a).
\317\ The FAA does not find relief is needed in the case of a
person who applies for an aircraft type rating added to an ATP
certificate (or a type rating concurrently completed with an ATP
certificate) because Sec. 61.157(b) requires flight training from
an authorized instructor on the areas of operation that apply to the
aircraft type rating.
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Similarly, part 141 pilot schools align their curriculum content
for the issuance of a commercial pilot certificate with a powered-lift
category rating with the areas of operation in part 61 via appendices
to part 141. Therefore, under Sec. 194.239(a), a part 141 pilot school
seeking approval of a course in a powered-lift resulting in a private
or commercial pilot certificate will be permitted 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).
The FAA also recognized that waived tasks may create a unique
situation for those pilots seeking to serve as SIC in powered-lift
operations. Section V.C. of this preamble discusses SIC considerations.
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 (on a certificate other than an ATP
certificate), which would be directly applicable to powered-lift rating
applicants. Specifically, 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.'' The NPRM proposed two circumstances under which the
applicant should not be required to hold or concurrently obtain an
appropriate instrument rating, subsequently discussed.
i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained
Concurrently With a Powered-Lift Category Rating
The FAA proposed, and adopts in this final rule, that all powered-
lift would require a type rating to operate, as discussed in section
V.A. of this preamble. Under the FAA's current certification framework,
an applicant for a powered-lift type rating would normally be required
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 because there would be no powered-
lift for which a type rating is not required (i.e., allowing the pilot
to obtain a powered-lift category rating or instrument rating prior to
the type rating).\318\ Therefore, to obtain all three ratings, the
applicant would be required to satisfactorily complete three practical
tests concurrently. The FAA did not propose any change that would allow
an applicant to apply for their initial powered-lift type rating
without concurrently obtaining a powered-lift category rating. Rather,
the FAA proposed 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.
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\318\ Under Sec. 61.63(e)(1), an applicant for a type rating or
a type rating in addition to an aircraft category and/or class
rating 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, but the type rating will be limited
to ``VFR only.'' Section 61.63(e)(1)(ii) sets forth how to remove
the limitation. In this case, the applicant would only need to
successfully accomplish two practical tests (e.g., the practical
test for the powered-lift category rating and the practical test for
a powered-lift type rating) because of the exception set forth in
current Sec. 61.63(d)(1).
---------------------------------------------------------------------------
The FAA did not propose to amend Sec. 61.63(e), which sets forth
the requirements for aircraft not capable of instrument maneuvers and
procedures. 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).
To provide flexibility consistent with that provided to applicants
for an airplane or helicopter type rating,\319\ the FAA proposed Sec.
194.211(b) to 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. 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
on the type rating practical test. As stated in the 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. Upon successful
completion of 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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\319\ Under the current certification regime, a person seeking
an airplane or helicopter type rating would normally already hold
the required instrument rating. However, these persons could also
seek to add the associated instrument rating at the same time as a
type rating if they didn't currently hold the associated instrument
rating. In the case of an initial powered-lift certification the
applicant would need to take the private or commercial test, the
instrument rating test and the type rating test all at once. The
SFAR removes the requirement to take all three tests at once,
allowing the instrument rating to be taken at a later date.
---------------------------------------------------------------------------
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 reduce the burden on the applicant
by enabling them to take the instrument rating practical test at a
later date. Because the applicant will have obtained the 3 hours of
flight training in preparation for the instrument rating practical test
within the 2 calendar months preceding the month of the practical test
for the type rating and category rating, the FAA found it reasonable to
propose Sec. 194.211(b)(3) to 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.\320\ Under
[[Page 92384]]
Sec. 194.211(b)(5), if a person 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)
(i.e., the person may no longer exercise the privileges associated with
the type rating and the ``VFR only'' limitation).
---------------------------------------------------------------------------
\320\ The FAA notes that under current 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.
---------------------------------------------------------------------------
To remove the ``VFR only'' limitation, proposed Sec. 194.211(b)(4)
would require the pilot 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
recognized that there would exist several overlapping tasks required
for an instrument rating and the instrument tasks required for a type
rating in order to remove the ``VFR only'' limitation. Therefore,
proposed Sec. 194.211(d) permits the pilot to perform the task a
single time provided it is performed to the highest standard required
for the task.\321\
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\321\ For example, a person would be required to perform
precision approach procedures 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 precision approach procedure and to maintain a
stabilized final approach from the final approach fix (FAF) to DA/DH
allowing no more than \3/4\-scale deflection of either the vertical
or lateral guidance indications and maintain the desired airspeed
10 knots. The draft ATP or Type Rating Powered-Lift
Category ACS also requires the applicant to perform the precision
approach procedure, but to a higher standard (i.e., the applicant
must maintain a stabilized final approach from the Final Approach
Fix (FAF) to DA/DH allowing no more than \1/4\-scale deflection of
either the vertical or lateral guidance indications and maintain the
desired airspeed 5 knots).
---------------------------------------------------------------------------
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), in that it permits a person to
remove a ``VFR only'' limitation for that aircraft type after the
applicant passes a practical test in that type of aircraft on the
appropriate instrument maneuvers and procedures in Sec. 61.157. The
FAA's proposed language in Sec. 194.211(b)(4) clarifies 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 (i.e.,
specifically the areas of operation listed in Sec. 61.157(e)(3)).\322\
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 rating, which is a component of the powered-lift type rating
practical test, must be completed in actual or simulated instrument
conditions.\323\
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\322\ The areas of operation for a person seeking a powered-lift
type rating are contained in Sec. 61.157(e). 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 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.
\323\ See also Sec. 61.157(b)(3).
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To note, the FAA did not propose to amend Sec. 61.63(d)(1).
Rather, Sec. 194.211 simply adds an option in the SFAR 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).
The FAA received several comments on this proposed framework.
GAMA,\324\ CAE, Eve, and a Joint letter from AOPA, GAMA, HAI, NATA,
NBAA, and VFS largely opposed the FAA's proposal, noting that the SFAR
effectively creates a powered-lift instrument rating requirement by
requiring the ``VFR Only'' limitation to be removed within 2 calendar
months. Although CAE, Eve, and the joint letter commenters generally
supported the option for a private pilot to retain the VFR only
limitation, they specifically opposed the requirement for a pilot to
remove this rating in order to continue to exercise commercial pilot
privileges, citing that proposal was inconsistent for pilots exercising
the privileges of a private or commercial pilot certificate if the
pilot were not operating under IFR rules. To support their position,
these commenters noted that certain helicopter pilots conducting VFR
only operations under part 135 are not required to hold an instrument
rating in accordance with Sec. 135.243(b)(4). CAE and the joint
commenters drew parallels that because powered-lift have vertical
takeoff and landing capabilities, they should also not be required to
have an instrument rating. These commenters argued that a type rating
practical test would also mitigate any concerns because the ATP ACS
would ensure that the pilot would have enough instrument training and
proficiency specific to the powered-lift type in which the rating is
sought.
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\324\ GAMA formally resubmitted a letter sent to the FAA on July
21, 2022, where GAMA provided recommendations for the FAA to
consider. In reference to existing Sec. 61.3(e)(1) through (4),
GAMA suggested that an appropriate instrument rating should include
either an airplane or helicopter instrument rating plus type
specific instrument training. Due to the wide variety of aircraft
within the powered-lift category, GAMA recommended that type ratings
should have a VFR only operating limitation unless the approved
course of training is certified by the authority to include IFR
operations and VFR On-top. A VFR only operating limitation should be
attached to the applicable powered-lift type rating. Recent
instrument flight experience must be maintained in the type. GAMA
also recommended the exact same reasoning for allowing for a VFR
type and noted Sec. Sec. 61.57 and 61.58. See FAA-2023-1275-0086
Attachment GAMA23-45A1-Recommendations-Powered-Lift-SFAR-220721.
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CAE specifically argued that a separate instrument-powered-lift
rating is unnecessary since many instrument skills and knowledge items
are agnostic to the aircraft category in which they take place. CAE
also argued that the safety objective for VFR only items is to exit
inadvertent IMC conditions in which an airplane or helicopter
instrument rating would be sufficient to prepare a pilot for in a
powered-lift. They also argued that under current regulations, an
airplane instrument rating serves as an instrument rating for glider
pilots in accordance with Sec. 61.3(e)(3). L3Harris echoed this
sentiment and recommended the FAA allow for an instrument rating held
in any category to be sufficient so long as a pilot holds an airplane
category rating with instrument-airplane or instrument-helicopter
rating. FSI recommended the FAA delete the VFR only requirement for a
commercial pilot seeking a powered-lift rating because it is too
restrictive and would not allow the pilot to build time and experience
in the aircraft. They further suggested that the pilot would continue
to build valid experience while operating in VFR conditions.
First, the FAA notes that currently a private pilot that receives a
type rating on an airplane that requires a type rating (large or
turbojet powered), for example, must either hold an instrument rating
or concurrently receive an instrument rating at the time of the
practical test in accordance with Sec. 61.63(d). Additionally, if the
aircraft is not capable of instrument maneuvers and procedures the
applicant for a type rating may be issued a VFR only
[[Page 92385]]
limitation in accordance with Sec. 61.63(e). The FAA also contends
that the proposed regulation aligns with the status quo for private
pilots expected to receive a type rating and notes that Sec.
194.209(c) allows for a private pilot to indefinitely hold a VFR only
rating on his or her pilot certificate.
The FAA disagrees that allowing for a pilot seeking to operate a
powered-lift during commercial revenue operations to indefinitely \325\
hold a VFR only limitation would be in the interest of safety.
Furthermore, as discussed in section V.J.5.ii. of this preamble, the
FAA has determined that an instrument rating is necessary in VFR
powered-lift operations to ensure that the pilot has the necessary
knowledge and skills to safely navigate and exit an emergency involving
an inadvertent instrument meteorological condition (IIMC). 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.
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\325\ For powered-lift that are not large aircraft or turbojet-
powered, the FAA intended to seek comment on whether it should
consider allowing a pilot after the 2 calendar months had elapsed to
continue to exercise commercial pilot privileges. Although the FAA
errantly referenced private privileges in this solicitation for
comment, the commenters widely commented on what the FAA intended to
seek comment on and thoroughly commented on whether the FAA should
allow for the limitation to be removed, with emphasis on allowing
for the holder of a commercial pilot certificate to indefinitely
hold a VFR only rating during commercial operations.
---------------------------------------------------------------------------
When considering the capabilities of a powered-lift, the FAA notes
that, similar to a helicopter, a powered-lift has the ability to
conduct off airport operations. Therefore, a pilot operating a powered-
lift would encounter the similar situations leading to IIMC when
operating a powered-lift in off-airport operations. As it has
previously found with helicopter ambulance operations,\326\ the FAA has
determined that a pilot operating a powered-lift who receives an
instrument rating is better equipped to maintain situational awareness
and maneuver a powered-lift into a safe environment when encountering
IIMC. Moreover, as further discussed in section V.L. of this preamble,
the FAA noted the cruise profile and its similarities in speed and
operation to an airplane. Further, the FAA recognized that although
helicopter operations are permitted with pilots who do not hold an
instrument rating, helicopters that experience IIMC account for 15% of
fatal accidents behind inflight loss of control and low altitude
operations object strikes.\327\ High profile accidents involving Hawaii
Air Tour operations \328\ have most recently resulted in many
recommendations made by the NTSB to the FAA and the USHST, and the FAA
is considering future rulemaking in this area.\329\ Notably, because
the requirement to hold an instrument rating or concurrently obtain one
applies to aircraft requiring type ratings, it does not apply to
helicopters that do not require a type rating. However, all powered-
lift will require a type rating and, as such, the pilot will be
required to hold an instrument-powered-lift rating unless, as
previously stated, the aircraft is not capable of instrument maneuvers
and procedures.
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\326\ 79 FR 9932, 9957 (Feb. 21, 2014), adding Sec. 135.603
requiring an instrument rating for helicopter ambulance pilots.
\327\ According to the U.S. Helicopter Safety Team (USHST) data,
the count of U.S. fatal helicopter accidents by calendar year where
due to IIMC was assigned as the single ``priority'' occurrence
category in the event. For context, in the 10 years from 2009-2018,
IIMC was the 3rd highest occurrence category, accounting for about
15% of the U.S. fatal helicopter accidents. Among all occurrence
categories, it only trailed (1) Loss of Control--Inflight (22%) and
(2) Low Altitude Operations Object Strikes (19%).
\328\ Kailua Neighborhood Board commented to the rule regarding
concerns with tour helicopters and other small aircraft increasing
operations over densely populated areas causing concern for public
safety. The neighborhood board urged the FAA to consider NTSB
recommendations for Air Tour Companies operating under 14 CFR part
135. While the FAA finds global changes to air tours out of scope of
this rulemaking, the FAA does note that, as described in this
section, pilots operating air tours in powered-lift will be required
to hold an instrument rating as part of this SFAR.
\329\ The USHST is a volunteer group of US government and
industry stakeholders formed in 2013 to improve the safety of civil
helicopter operations. Its efforts include analyzing NTSB helicopter
accident data, assigning a single occurrence category to best
characterize each event, and using the results of its analysis to
prioritize intervention strategies to reduce fatal accidents (USHST
2017). The USHST's most recent analysis included data from 198 fatal
helicopter accidents between 2009 and 2018. Although this review
ranked inadvertent flight into IMC (also referred to internationally
as unintended flight into IMC) as the third-most common category,
the USHST noted that inadvertent flight into IMC may be the
precursor to accidents involving in-flight loss of control (which
ranked first), low-altitude operations (which ranked second), or
CFIT (which ranked fifth) (USHST 2021b). During a previous review
(which included data between 2009 and 2013), inadvertent flight into
IMC ranked second (USHST 2017).
---------------------------------------------------------------------------
The FAA disagrees with commenters that suggested that holding any
instrument rating should be sufficient and that an instrument rating
specific to powered-lift is unnecessary. For reasons similar to those
discussed in section V.F.2. of this preamble regarding the necessity of
a powered-lift category rating, the FAA finds that an instrument rating
specific to powered-lift category is necessary to ensure the applicant
is sufficiently qualified to perform instrument flight procedures in a
powered-lift.
Section 194.215(a) requires persons seeking to meet the alternate
requirements for a powered-lift category rating to hold an instrument-
airplane or -helicopter rating ensuring these persons 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 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. While these prerequisites ensure the
foundational skills and extensive experience, holding an instrument-
airplane rating or an instrument-helicopter rating does not ensure that
an applicant seeking to meet the alternate pathway requirements has the
necessary skills to proficiently accomplish instrument procedures in a
powered-lift specifically.
While there is some overlap in the practical tests for instrument-
airplane ratings and instrument-helicopter ratings, there are also some
significant differences that would result in a ``gap'' in the
knowledge, skills and experience of pilot operating a powered-lift if a
powered-lift pilot were permitted to hold ``any'' instrument rating.
For example, an airplane pilot may be required to perform a circling
approach to landing (i.e., the pilot is not approaching the runway to
which they were performing the instrument approach straight on). As a
result, that pilot is required to fly the instrument procedures to
higher minimums (visibility and cloud clearance) because the maneuver
must be performed with reference to the airport environment and
increases pilot workload. A helicopter pilot is not tested on this
maneuver on the instrument rating test because they are not subject to
the same situation of high-speed approaches, and helicopters do not
need a runway as they are capable of landing on the ramp. If a powered-
lift pilot held only an instrument-helicopter rating, this would result
in a gap in experience and proficiency in instrument approaches for
powered-lift which are capable of runway approaches.
As another example, unusual attitude recoveries are unique to each
category of aircraft and are tested in each when an applicant seeks an
instrument rating in a new category other than what is held on their
pilot certificate. Nose-high attitudes present the pilot with a
decreasing airspeed and nose-high attitude which if not corrected could
result in adverse conditions or even loss of control in instrument
conditions. This situation requires different
[[Page 92386]]
instrument procedures to be performed depending on the aircraft being
operated. In an airplane, the pilot must apply forward elevator
pressure to lower the nose and prevent a stall while simultaneously
increasing power and leveling the wings. If this airplane recovery
procedure were attempted in a helicopter experiencing nose-high
attitude, it would place the helicopter in a potentially hazardous
situation. Applying abrupt forward cyclic to correct the attitude
without consideration could put the helicopter in a Low G condition
which in certain helicopter rotor systems results in a catastrophic
mast bumping situation that is often deadly.
In a helicopter, the recovery procedure for a nose high unusual
attitude requires the pilot to correct the bank and pitch
simultaneously while avoiding applying abrupt forward cyclic to correct
the attitude. Since a powered-lift is a hybrid aircraft, an unusual
attitude recovery might look like the recovery in an airplane; however,
it might also look like an unusual attitude recovery in a helicopter.
Alternatively, it may look completely different depending on the
powered-lift's capabilities. Given this, the practical test for an
instrument-powered-lift rating encompasses the necessary tasks specific
to a powered-lifts operational capabilities and requires a pilot
operating a powered-lift under IFR to demonstrate the proficiency in
instrument procedures applicable to powered-lift. Moreover, the FAA
recognizes that a person would encounter several overlapping tasks when
taking the powered-lift type rating practical test and the instrument-
powered-lift rating practical test concurrently. Given this, as
discussed, the FAA permits in 194.211(d) an applicant person to perform
overlapping tasks on the powered-lift type rating practical test and
the instrument-powered-lift rating practical test a single time
provided the task is performed to the highest standard required for the
task. Therefore, when the tests are taken concurrently, there are
minimal extra tasks that an applicant must perform.
Additionally, the FAA disagrees with commenters suggesting FAA had
precedent in recognizing instrument ratings for another category
because of the requirements of Sec. 61.3(e)(3) (permitting a person to
act as PIC of a glider under IFR or in weather conditions less than the
minimums prescribed for VFR flight if the pilot holds, among other
requirements, an instrument-airplane rating). The FAA proposed a
``glider cloud-flying rating'' in 1969 \330\ because advocate groups
requested the FAA to more easily facilitate cloud flights by glider
pilots. The FAA proffered that the operation of a glider within the
clouds differs from instrument operations in powered aircraft and held
that ``glider cloud-flying'' primarily only utilized the vertical
components associated with a cloud formation to sustain flight within
the clouds or to gain altitude for the continuance of a VFR gliding
flight. The FAA noted that navigation by reference to instruments or
radios aids would not normally be involved. The FAA further stipulated
that, although it was trying to relieve a perceived burden by requiring
a ``full instrument rating,'' instrument operations in powered aircraft
were far more complex than what glider cloud flying would entail. The
glider pilot would only be concerned with attitude and speed control,
whereas the pilot of a powered aircraft is concerned with other matters
such as navigation, position reporting, altitude control, power
settings, holding procedures, instrument letdown, and instrument
approaches. Although the FAA proposed these requirements, the FAA later
withdrew the proposal.\331\
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\330\ 34 FR 6484.
\331\ 37 FR 14239.
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The FAA disagrees that comparing credit of an instrument rating in
the glider scenario is a basis for granting relief from a powered-lift
instrument rating. A powered-lift is a powered aircraft and would not
be utilizing this approach to gain altitude to continue on to VFR
gliding flight. An instrument rating would be sufficient in the
circumstances currently permitted around Sec. 61.3(e)(3) but not those
in which commenters were stipulating that were applicable to powered-
lift.
Another commenter suggested that the requirement to remove the VFR
only restriction within 2 calendar months is too restrictive. The FAA
disagrees with this as normally an applicant would be required to meet
all experience requirements and receive the instrument rating
simultaneously with the type rating. The purpose of allowing the two
months to acquire the instrument rating is to provide some relief for
the pilot applicant so they do not have to take an initial category,
instrument, and type rating practical test at the same time.
Eve suggested that the requirement to remove the VFR limitation
should not be applicable to commercial pilots and that they should be
able to operate powered-lift VFR only.
As noted in section V.H.2.i of this preamble, the FAA provided this
relief to allow an applicant to accomplish the powered-lift instrument
rating at a later date. As discussed in section V.A. of this preamble,
all powered-lift will require a type rating and therefore be subject to
holding an instrument rating. In limited circumstances where the
powered-lift is not capable of instrument maneuvers and procedures, the
FAA notes that, as with other categories of aircraft, Sec. 61.63(e)
does not require an instrument rating when a type rating is sought in
an aircraft that is not capable of instrument maneuvers and procedures.
If an applicant uses a powered-lift that is not capable of instrument
maneuvers and procedures for a practical test, then that applicant will
receive a VFR only limitation that does not need to be removed as
specified in Sec. 61.63(e).\332\
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\332\ The FAA notes that if a powered-lift is equipped according
to Sec. 91.205(d), it would be capable of performing instrument
maneuvers and procedures required under the instrument practical
test, even if the powered-lift is not certified for IFR or certain
IFR-specific functions are disabled.
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Eve further suggested an amendment to Sec. 61.63 that would only
require those who are applying for a type rating in a turbojet powered
or large aircraft to hold an instrument rating.\333\ The FAA disagrees
with this suggested change; an aircraft that requires a type rating and
is not turbojet powered or large but is complex and fully capable of
operating under IFR should require a pilot who operates this aircraft
to hold an instrument rating for that category of aircraft to ensure a
standard level of competence and safety across all type-rated aircraft
operating in the NAS.
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\333\ Although the FAA is taking a similar approach in Sec.
142.47 to delineate changes similar to the commenter's suggestion,
the FAA is not taking that same approach here in the interest of
safety. If an applicant was receiving instruction in an aircraft,
they would need to hold pilot certificates in accordance with part
61. Section 142.47 narrowly applies to personnel giving instruction
in a simulator under different parameters. The FAA chose not to
alter according to Eve's suggestion and continue with the current
regulatory framework provided for in Sec. 61.63(d)(1).
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Eve commented further that, because some aircraft will be limited
in range and endurance, a powered-lift may be limited in such a way
that it wouldn't be practically or operationally capable of instrument
maneuvers or procedures required on the practical test even though it
may be equipped to do so. Eve suggested a change to Sec. 61.64(f)(1)
to alter the requirements to complete an instrument approach only to
those aircraft capable of instrument flight. The FAA finds that this
concept is contradictory. Specifically, Eve details that the aircraft
is equipped for instrument flight but limited to VFR only by the AFM.
The aircraft's operational limitations in the AFM are
[[Page 92387]]
not pertinent to the practical test. For example, a Robinson R-44
helicopter can be equipped with the necessary avionics to successfully
complete an instrument rating practical test. However, this aircraft is
not IFR-certified and may not be operated under IFR or in weather
conditions less than the minimums prescribed for VFR (i.e., IMC).
This situation is no different for a powered-lift which is equipped
for instrument flight but operationally limited. The practical test
could be completed, and an instrument rating issued in the aircraft
even though it could never be operated under IFR. Additionally, the FAA
notes that many powered-lift will seek to operate on expedited
departures in which the frequency of departure dictates a ``departure
procedure'' to ensure separation of aircraft. This skill is congruent
with that required of a pilot who holds an instrument rating and is
capable of conducting these maneuvers with proficiency.
Finally, Archer requested the FAA clarify what ``not capable of
instrument maneuvers and procedures means.'' Section 61.45(d) states:
``[a]n applicant for a practical test that involves maneuvering an
aircraft solely by reference to instruments must furnish: (1) equipment
on board the aircraft that permits the applicant to pass the areas of
operation that apply to the rating sought; and (2) a device that
prevents the applicant from having visual reference outside the
aircraft, but does not prevent the examiner from having visual
reference outside the aircraft, and is otherwise acceptable to the
Administrator.'' For further clarification an applicant would then
review the required approaches and maneuvers required by the applicable
ACS for the instrument rating sought. For example, the Instrument
Rating Powered-Lift ACS requires the applicant to complete two
different non-precision approaches and a precision approach. If the
aircraft does not have the equipment installed to conduct those
approaches, it would not meet the requirements. It would be impossible
to codify in the regulation the exact equipment necessary to complete
an instrument rating practical test due to the various avionics
installations and broad number of approach types available.
ii. Obtaining Powered-Lift Type Ratings With ``VFR Only'' Limitations
on a Private Pilot Certificate
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 proposed 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 maximum certificated takeoff weight and not turbojet-powered
would not be required to remove the ``VFR only'' limitation within the
2-calendar month time period (or any specific time frame).\334\
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\334\ 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. 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.
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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 proposed
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 did not propose 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 proposed
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)).
Outside of comments pertaining to the VFR Only limitation as
already addressed, the FAA did not receive comments on Sec. 194.211,
the FAA adopts the section as proposed.
iii. Clarification of Requirements for a Practical Test in an Aircraft
That Requires a Type Rating
The FAA proposed to clarify certain regulations to clearly
communicate 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 meeting the eligibility
requirements for a type rating \335\ and applying for a type rating
(unless the person already holds the type rating).\336\ These
amendments prevent situations where applicants seek category or class
ratings in an aircraft that requires a type rating (or corresponding
FSTD) without fully demonstrating mastery of the aircraft furnished for
the practical test. The proposal included amendments in part 61 to
Sec. Sec. 61.39(a)(3), 61.43(g), and 61.47(d).
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\335\ 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. Sec. Sec.
61.63(d)(2) and 61.157(b). The detailed tasks associated with each
area of operation are provided in the applicable ATP and Type Rating
ACS.
\336\ The FAA inadvertently proposed regulatory language that
would have revised Sec. 61.64(a)(1). This proposed language is not
adopted in the final rule as the proposal was erroneous.
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First, the FAA proposed to revise paragraph Sec. 61.39(a)(3),
which requires a person applying for a practical test to meet the
training and aeronautical experience for the certificate or rating
sought through the creation of two subparagraphs: (i) and (ii). Section
61.39(a)(3)(i) will retain the language in paragraph (a)(3). New
subparagraph (a)(3)(ii) 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 an 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 FSTD representing an aircraft) that requires a type rating
for the practical test, then the applicant must be eligible for the
type rating and apply for the type rating practical test unless the
applicant already holds the type rating.
Second, the FAA proposed new Sec. 61.43(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 a corresponding FSTD, 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.
Third, the FAA proposed new Sec. 61.47(d) to restrict an examiner
from
[[Page 92388]]
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 \337\ and, second, the
practical test contains the tasks for a type rating specified for the
areas of operation at the ATP certificate level. The FAA also proposed
to revise the heading of Sec. 61.47 to more accurately describe the
regulations set forth in the section.
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\337\ The FAA notes that an examiner cannot conduct a practical
test if the applicant does not meet the eligibility requirements for
that certificate or rating.
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The NPRM specifically noted 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.
The FAA received one clarifying question pertaining to the trio of
amendments. AIR VEV requested clarification regarding the language in
Sec. 61.39 as to how it would be possible to hold a type rating prior
to issuance of an initial category. The FAA notes this is not currently
permitted through part 194 or other regulations. If a person seeks a
type rating, it must be obtained concurrently with the associated
category for which the type rating is applied.\338\ Therefore, an
applicant for a type rating in a powered-lift will need to concurrently
obtain the powered-lift category. The FAA proposed the verbiage in
Sec. 61.39(a)(3)(ii) to address a situation where a person would hold,
for example, a commercial pilot certificate with a powered-lift
category rating and type rating. The person then seeks an ATP
certificate with a powered-lift category rating. The person would
already hold the type rating on their commercial pilot certificate,
which would meet the latter half of the regulation in question.
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\338\ Sec. 61.63(d).
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I. Miscellaneous Amendments
1. Aeronautical Experience for Private Pilot Applicants (Sec.
61.109(e)(5))
Section 61.109 provides the aeronautical experience requirements an
applicant must meet to be eligible for a private pilot certificate
specific to the respective category and class, if applicable, rating
sought. For a powered-lift category rating, an applicant must meet the
requirements in Sec. 61.109(e), which includes 10 hours of solo flight
time in an airplane or a powered-lift.\339\ However, in light of the
different operating capabilities of airplanes compared to powered-lift,
the FAA concluded 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, which are necessary to obtain
proficiency.\340\ Therefore, the FAA proposed 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 specifically 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. The FAA adopts the revision to Sec. 61.109(e)(5) as proposed
and responds to comments in the following sections.
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\339\ See Sec. 61.109(e)(5).
\340\ For example, when flying an airplane, the applicant will
not encounter the vertical take-off and landing characteristics
fundamental to a powered-lift (e.g., aerodynamics events such as
effective translational lift and transverse flow effect that are
specific to a rotor system transitioning from hovering to forward
flight).
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First, HAI generally expressed that 10 hours of solo time in each
model of powered-lift is problematic for practical reasons and time
should be allowed to be logged in a helicopter. The FAA notes that each
PIC of a powered-lift must, as adopted by this final rule, have a type
rating on their certificate, which will require training in the
specific type of powered-lift the PIC seeks to operate. However, Sec.
61.109(e) sets forth the requirements for a private pilot certificate
with a powered-lift category rating. Neither the current regulations
nor the regulations as adopted by this final rule require 10 hours of
solo time in each model of powered-lift. Rather, Sec. 61.109(e) will
simply require that an applicant for a private pilot certificate must
have 10 hours of solo flight time in a powered-lift. This requirement
broadly references powered-lift as a category of aircraft and does not
narrowly scope the 10 hours to a specific type of powered-lift. The
same concept applies to the requirements for airplanes and helicopters.
The 10 hours of solo time for airplane single-engine and helicopter
ratings by Sec. 61.109(a) and (c) must be completed in the category
and class of aircraft for which the rating is sought, and, similarly,
the 10 hours of solo flight time for an airplane multiengine rating by
Sec. 61.109(b) must be completed in any airplane; these flight time
requirements are not specific to the model of aircraft the pilot seeks
to operate.
Next, L3Harris stated that Sec. 61.109(e)(5) should allow for a
reduction in solo time for number of flights made, such as two flights
equaling one hour. AIR VEV, similarly, generally suggested that the
required aeronautical experience in Sec. 61.109(e) combine flight
hours and total flights, similar to aeronautical experience
requirements in the glider category. Currently, the only provisions in
part 61 that permit a certain number of flights to be substituted for
hours exist in Sec. 61.56 and Sec. 61.159.\341\ For the same reasons
as discussed at length in section V.F. of this preamble, the FAA
declines at this time to permit this kind of substitution for a
commercial pilot certificate with a powered-lift category rating.
Additionally, the substitution in Sec. 61.56(b) and aeronautical
experience requirements as it applies to gliders are also not
applicable to remedy the powered-lift airman certification challenges.
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\341\ Specifically, under Sec. 61.56(b), glider pilots may
substitute a minimum of three instructional flights in a glider
flight review with certain conditions in lieu of the one hour of
flight training required for a flight review under Sec. 61.56(a).
Additionally, under Sec. 61.159(b), when seeking an ATP certificate
with an airplane category rating, a person who has performed at
least 20 night takeoffs and landings to a full stop by substituting
each additional night takeoff and landing to a full stop for 1 hour
of night flight time to meet the requirement of Sec. 61.159(a)(2)
(100 hours of night flight time).
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First, the substitution of training flights as set forth in Sec.
61.56(b) is only applicable in the case of a glider flight review,
after a person has obtained the appropriate certificates and ratings.
Additionally, glider flights cannot be predicted to be a certain
length, as they are unpowered and dependent upon winds, convection, and
other items that rely on certain extraneous factors (e.g., towed to
altitude by a powered aircraft for flights to occur). Therefore, the
rule allows the substitution of numbers of flights to equate for an
hour of flight time due to the unpredictability of the length of glider
flights. The required 10 hours is a minimal time crucial to ensure an
applicant for private pilot certificate with powered-lift ratings is
capable of operating the powered-lift, especially considering the
private pilot certificate is traditionally the first and foundational
building block certificate in the airman certification framework.
[[Page 92389]]
Finally, one individual stated that the proposed rule did not
mention ``Settling with Power'' or ``Vortex Ring State.'' The commenter
stated these aerodynamic conditions should be stressed with powered-
lift pilots, primarily non-helicopter pilots.
The FAA agrees that settling with power and vortex ring state are
conditions essential to a pilot's powered-lift training and did not
intend to exclude their significance in the examples of vital powered-
lift piloting conditions. However, Sec. 61.109 does not prescribe
specific aeronautical experience tasks or areas of operation. Instead,
the powered-lift ACSs, which set forth the aeronautical knowledge, risk
management, and flight proficiency standards for certification, include
these conditions on the practical test.\342\ Because an applicant for a
certificate or rating must perform the tasks specified in the
applicable ACS,\343\ it follows a pilot and instructor would ensure the
receipt of training on these conditions (regardless of any previously
held certificate). In fact, for most certificates and ratings, an
applicant must obtain an endorsement from a flight instructor
certifying that the applicant is prepared for the practical test.\344\
As such, the flight instructor must be confident that the applicant can
successfully perform all the tasks and maneuvers on the practical test.
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\342\ See Area of Operation XI, Emergency Operations, Task D.
Additionally, these conditions are included in the risk management
items in Area of Operation V (Takeoffs, Landings, and Go-Arounds),
and VI (Performance Maneuvers).
\343\ See Sec. 61.43(a).
\344\ Section 61.39(a)(6) requires that the applicant have an
endorsement in the applicant's logbook certifying that they have
received and logged training time within 2 calendar months preceding
the month of application in preparation of the practical test.
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2. Removal of Sec. Sec. 61.63(h) and 61.165(g)
The FAA proposed to remove certain paragraphs pertaining to
category and class ratings for the operation of an aircraft with an
experimental certificate. To ensure that pilots operating under
regulations before a 2004 final rule change \345\ requiring appropriate
category and class ratings complied with the revised provisions, the
FAA added Sec. Sec. 61.63(k) and 61.165(f), which are currently
situated as Sec. Sec. 61.63(h) and 61.165(g).\346\ These provisions
set forth the requirements to apply for a category and class rating
limited to a specific make and model of experimental aircraft. Among
other requirements, a person must have logged 5 hours of flight time
while acting as PIC in the same category, class, make, and model of
aircraft between September 1, 2004, and August 31, 2005. After more
than 15 years since initial codification, the FAA anticipated that
individuals who were operating under the pre-2004 requirements have
already used Sec. Sec. 61.63(h) and 61.165(g) to obtain a limited
category and class rating. As a result, the FAA proposed to remove
Sec. Sec. 61.63(h) and 61.165(g).
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\345\ 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.
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 (Aug. 21,
2009).
\346\ These paragraphs mirror each other, differentiated only by
the applicability based on certificate level. Section 61.63 applies
to those persons holding a recreational, private, or commercial
pilot certificate; Sec. 61.165(g) applies to those persons holding
an ATP certificate.
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The FAA received one comment on this proposed removal. FlightSafety
International opposed removal of Sec. 61.63(h), stating that removal
would reduce flexibility for the FAA, pilots, and OEMs because it will
not allow the new powered-lift pilot to obtain an experimental aircraft
type rating. The FAA disagrees that retaining these requirements would
provide flexibility in new powered-lift pilots obtaining an
experimental aircraft type rating. The requirements listed in current
Sec. Sec. 61.63(h) and 61.165(f) are only applicable in very limited
circumstances because the 5 hours of flight time required must have
been logged between September 1, 2004, and August 31, 2005, to ensure
that the pilots who were previously operating without a category and
class rating under the pre-2004 regulations could continue operations
safely (rather than requiring the full requirements for a category and
class rating to those pilots).
Therefore, these provisions were intended to provide relief to a
group of pilots operating two decades ago and would be largely
inapplicable to powered-lift pilots today. Section V.A. of this
preamble provides additional discussion about experimental certificates
and the use of operating limitations 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.
In the low likelihood that a powered-lift pilot did use these
provisions and log time during the prescribed time period, the FAA
provided notice in the NPRM that these paragraphs 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 January 21, 2025 to utilize the provisions. Therefore, the FAA
adopts the removal of Sec. Sec. 61.63(h) and 61.165(g) as proposed.
3. ATP Privileges and Limitations (Sec. 61.167)
Section 61.167 prescribes the privileges and limitations for an ATP
certificate holder, including those scenarios when an ATP certificate
holder may instruct other pilots. Currently, this privilege only
applies to ATP certificate holders who have met, in pertinent part, the
aeronautical experience requirements of Sec. 61.159 (aeronautical
experience requirements for an airplane category rating) and Sec.
61.161 (aeronautical experience requirements for a rotorcraft category
and helicopter class rating). The FAA proposed to amend Sec.
61.167(a)(2) to broaden the privileges to include applicability to
certificate holders who have met the aeronautical experience
requirements in Sec. 61.163 (i.e., persons with an ATP certificate
with a powered-lift category rating) to 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 noted
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).
The FAA received comments specific to ATP certificates with a
powered-lift category rating, however, these comments are addressed in
other sections of this preamble. Comments suggesting relief to the
aeronautical experience requirements for an ATP certificate with a
powered-lift category rating are addressed in section V.I.3 of this
preamble. Comments specific to the flight training privileges specific
to an ATP certificate with a powered-lift category rating under
proposed Sec. 194.205 are discussed in section V.G.1.iv of this
preamble. The FAA did not receive comments pertaining to the expansion
of privileges to include persons with an ATP certificate with a
powered-lift category rating in
[[Page 92390]]
Sec. 61.167(a)(2) and adopts the provision as proposed.
4. Second-in-Command Time in Part 135 Operations
Currently, Sec. Sec. 61.159 and 61.161 allow a pilot to credit SIC
time logged under an SIC professional development program (PDP) toward
certain flight time requirements for an ATP certificate with an
airplane category or a rotorcraft category and helicopter class
rating.\347\ The FAA proposed to amend Sec. 61.163 to add paragraph
(c) to allow SIC time logged under an SIC PDP to be counted toward 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), (a)(2), and (a)(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 toward 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. Rather, the proposal would
align the logging of SIC flight time acquired under an SIC PDP toward
an ATP certificate with powered-lift category rating with that as
permitted for an ATP certificate with an airplane category rating or a
rotorcraft category and helicopter class rating.
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\347\ An SIC PDP allows the certificate holder's pilots to log
SIC time in certain operations conducted under part 135 in an
airplane or operation that does not otherwise require an SIC. See
Sec. 135.99(c)(2). The FAA did not propose any revisions to the
aircraft requirements for an SIC PDP as set forth in Sec.
135.99(c); therefore, this final rule does not enable a part 135
operator to seek approval of an SIC PDP in a powered-lift.
---------------------------------------------------------------------------
The FAA noted that ICAO currently has a standard for logging flight
time to meet the standards for certificates and ratings in aircraft
other than powered-lift. ICAO has recommended practices for logging
time in powered-lift that are not yet standards but mirror the logging
standards for other categories of aircraft.\348\ However, ICAO 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. As a result, SIC time accrued in accordance with an
approved PDP program and credited toward the flight time requirements
of a certificate or rating in accordance with part 61 as described
results in an ICAO limitation being placed on the pilot's certificate
until such time that the pilot can demonstrate flight time logged meets
the ICAO standard and is reflected in their logbook in accordance with
Sec. 61.51.\349\ While these standards are only recommended practices
at this time, the FAA presumes the ICAO recommendations for powered-
lift will become standards in the future, given the mirroring standards
for airplanes and helicopters. Therefore, the FAA proposed to add
paragraphs (d) and (e) \350\ to Sec. 61.163 to include the requirement
for the ICAO limitation and the requirements for removing the
limitation. The FAA did not receive comment on these paragraphs (Sec.
61.163(c), (d), and (e)) and adopts the provisions as proposed.
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\348\ ICAO Annex 1, Sections 2.6.3.1.2 and 2.6.4.1.2 are
standards relative to the credit of flight time in airplanes and
helicopters, whereas Sec. 2.6.5.1.3 is a recommendation pertaining
to powered-lift and not a standard. Section 2.6.3.1.2 states for
airplanes ``When the applicant has flight time as a pilot of
aircraft in other categories, the Licensing Authority shall
determine whether such experience is acceptable and, if so, the
extent to which the flight time requirements of 2.6.3.1.1 can be
reduced accordingly. Section 2.6.4.1.2 states for helicopters,
``When the applicant has flight time as a pilot of aircraft in other
categories, the Licensing Authority shall determine whether such
experience is acceptable and, if so, the extent to which the flight
time requirements of 2.6.4.1.1 can be reduced accordingly.'' Section
2.6.5.1.3 is currently a recommendation for powered-lift and states,
``When the applicant has flight time as a pilot of aircraft in other
categories, the Licensing Authority should determine whether such
experience is acceptable and, if so, the extent to which the flight
time requirements of 2.6.5.1.1 could be reduced accordingly.''
\349\ See Sec. Sec. 61.159(e) and (f), 61.161(d) and (e).
\350\ As discussed in section V.I.4. of this preamble, this
final rule adopts new paragraph (c) to allow a pilot to credit SIC
time logged under an SIC PDP toward certain flight time requirements
for an ATP certificate with a powered-lift category rating.
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5. References to Category and Class
During the rulemaking process, the FAA identified several
regulations in various parts containing references to the category and
class of aircraft; however, the FAA did not propose or establish
classes of powered-lift in this rulemaking. As a result, the
requirements for the appropriate class of aircraft would present a
problem for powered-lift pilots in part 61, subpart K of part 91, part
135, part 141, and part 142. The FAA, therefore, proposed to update the
regulatory references to category and class to make clear that the
reference to class is only appropriate if the regulations require
classes for the category of aircraft. The FAA proposed two different
approaches to remedy the discrepancy. First, to account for the lack of
powered-lift classes in part 61, the FAA proposed to directly amend the
following sections: Sec. Sec. 61.3(e)(1)-(2), (f)(2)(i)-(ii) and
(g)(2)(i)-(ii); 61.45(a)(1)(i) and (a)(2)(ii) \351\; 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).
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\351\ The FAA notes that while the NPRM preamble discussed this
revision to Sec. 61.45(a)(1)(i) and (a)(2)(ii), the amendatory
instructions in the NPRM erroneously did not include the revisions
to Sec. 61.45. Due to the general nonsubstantive nature of this
revision and the discussion in the NPRM preamble, the FAA finds that
the public received adequate notice of this revision.
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To account for the lack of powered-lift classes in subpart K of
part 91 and parts 135, 141, and 142, the FAA proposed regulations under
the SFAR,\352\ which would clarify when references to class are
inapplicable when a powered-lift is used under those respective parts.
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\352\ The FAA chose to propose SFAR provisions rather than
permanent amendments to allow the agency time to assess which
permanent changes would be needed in part 141 to accommodate the use
of powered-lift in the certification and rating courses long-term.
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First, Sec. 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. The FAA proposed Sec. 194.245(b) to
clarify that the reference to class in Sec. 91.1055(b)(2) is
inapplicable when a powered-lift is used for the operation under
subpart K of part 91.
Next, as it pertains to part 141, Sec. Sec. 141.35(a)(1),
141.36(a)(1), 141.37(a)(2)(ii), and 141.37(a)(3)(ii) set forth certain
qualification requirements, including class ratings, for chief
instructors, assistant chief instructors, and check instructors.\353\
Additionally, the appendices of part 141 reference classes of aircraft
in the context of course content. To account for the inapplicability of
classes as it pertains to powered-lift, the FAA proposed 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), 141.37(a)(2)(ii), and
141.37(a)(3)(ii) when a powered-lift is used in the course. Proposed
Sec. 194.241(a) and (b) delineate the certificates and 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. To note, in delineating the ratings that must be
held on the pilot certificate for
[[Page 92391]]
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 proposed to add the requirement that such
person must hold a powered-lift type rating.\354\
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\353\ Specifically, Sec. Sec. 141.35(a)(1), 141.36(a)(1), and
141.37(a)(2)(ii) require chief flight instructors, assistant flight
instructors, and check instructors to 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 aircraft category and class of aircraft to be used
in the course. For checks and tests related to ground training,
Sec. 141.37(a)(3)(ii) requires the check instructor 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.
\354\ 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.
---------------------------------------------------------------------------
Additionally, proposed Sec. 194.249(b) 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. The
FAA also identified a technical amendment change to part
141.37(a)(3)(ii) discovered during the pendency of this rulemaking that
was not proposed in the NPRM. Currently, part 141.37(a)(3)(ii) states
that ``Except for a course of training for a lighter-than-air rating,
hold a current flight instructor certificate or ground instructor
certificate with ratings appropriate to the category and class of
aircraft used in the course.'' This language is incorrect in that there
is no category or class of aircraft listed on a ground instructor
certificate; rather, the language after ground instructor should be
tied with the flight instructor certificate. The FAA is therefore
adopting an amendment editorial in nature to correct the error.
The FAA proposed Sec. 194.249 to resolve the inapplicability of
class in parts 135 and 142. Specifically, Sec. Sec. 135.4(b)(2),
135.247(a)(1) and (2), and 135.603 set forth, first, similar deviation
to that in Sec. 91.1055(b)(2) and, second, certain requirements for
PICs \355\ in aircraft carrying passengers or in helicopter air
ambulance operations. The FAA proposed Sec. 194.249(a) to clarify that
the references to class in these regulations are inapplicable when a
powered-lift is used for the operation under part 135. Additionally,
Sec. Sec. 142.11(d)(2)(ii), 142.49(c)(3)(iii), 142.53(b)(1), and
142.65(b)(1) set forth certain requirements for issuance or amendment
of training specifications, instructor and certificate holder
privileges and limitations, and instructor training and testing.\356\
Similarly, the FAA proposed Sec. 194.249(c) to clarify that references
to class of aircraft in these sections do not apply when operating
powered-lift or FSTDs representing powered-lift under part 142.
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\355\ Section 135.4(b)(2) allows 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 certain
takeoffs and landings 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.
\356\ Specifically, 142.11(d)(2)(ii) discusses entitlement to
training specifications that contain the category, class and type of
aircraft that may be used for training, testing, and checking;
142.49(c)(3)(iii) requires an instructor to hold the certificates
and ratings specified by part 61 appropriate to the category, class,
and type of aircraft in which instructing, 142.53(b)(1) requires
certain flight hours and takeoffs and landings for simulator
instructors in the same category, class, and type (if required)
replicated by the simulator, and 142.65(b)(1) sets forth crewmember
position requirements for flight testing, flight checking, or line
operational simulation.
---------------------------------------------------------------------------
The FAA did not receive any comments on these amendments and adopts
the amendments as proposed.
J. Part 135 Pilot Qualifications
1. Statement of the Issue and Introduction
As discussed in the NPRM, the current regulatory framework of part
135, particularly subparts A, E, G, and H, was initially codified
without the contemplation of powered-lift operations. Specifically,
unlike part 61 where the 1997 final rule introduced powered-lift into
the CFR for airman certification, powered-lift could not operate in
part 135 and, therefore, revisions were unnecessary at that time.
Therefore, the NPRM proposed to introduce powered-lift into the
regulatory training and qualification paradigm in part 135, rather than
simply updating or modifying existing powered-lift requirements,
through a twofold framework: permanent regulatory amendments and
temporary SFAR requirements.
These 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 pilots by virtue of the use of
the term ``aircraft.'' \357\ Because the FAA anticipates that during
operations powered-lift will quickly transition to horizontal flight
using the wings like an airplane to afford powered-lift a much larger
operational range and faster speeds to optimize operational
capabilities, powered-lift pilots must possess many of the same skills
and experience as their airplane pilot counterparts in certain
instances. Conversely, due to the operational differences in the
capability of powered-lift and integration of powered-lift into the NAS
for civilian use, there are instances where existing airplane or
helicopter training and qualification rules do not readily apply, which
requires new temporary or permanent requirements.
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\357\ Pursuant to 14 CFR 1.1, ``aircraft'' means a device that
is used or intended to be used for flight in the air, which would
inherently include powered-lift.
---------------------------------------------------------------------------
2. Relevant History and 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 & H set forth
the testing and training requirements for crewmembers. The NPRM
provided a comprehensive history of the part 135 training and checking
regime,\358\ which continually seeks to provide the highest level of
safety and risk-mitigation in commuter and on-demand operations. This
SFAR and permanent amendments described herein are intended to provide
an equivalent level of training, checking, and testing for powered-lift
operations as those expected of airplane and helicopter operations.
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\358\ 88 FR 38946 at 39009 (June 14, 2023).
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3. Rules Applicable to Operations Subject to Part 135 (Sec. 135.3)
Section 135.3 prescribes the rules that apply to persons conducting
operations under part 135. This section is generally applicable to all
operations under part 135, regardless of aircraft category; however,
paragraph (b) applies only to airplanes. Specifically, Sec. 135.3(b)
requires that those certificate holders conducting commuter operations
under part 135 with airplanes in which two pilots are required by the
type certificate of the airplane must comply with subparts N and O of
part 121 (Training Program and Crewmember Qualifications, respectively)
instead of the requirements of subparts E, G, and H of part 135.
As discussed in the NPRM, the FAA determined 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
[[Page 92392]]
pilots by type certification.\359\ However, the FAA noted that subparts
N and O of part 121 are specific to multiengine airplanes, and the FAA
did not amend part 121 to accommodate powered-lift operations under
that part. Additionally, certain requirements in subparts N and O to
part 121 require compliance with appendices E and F of part 121 \360\
(Flight Training Requirements and Proficiency Check Requirements,
respectively), which are applicable to airplanes, as well. In the
absence of amending part 121 (specifically, subparts N and O and the
referenced appendices) to accommodate powered-lift-specific training
and checking, the powered-lift flightcrew member would be inherently
precluded from performing some airplane-specific tasks that are
incongruent with powered-lift operational capabilities, creating a
safety risk of insufficient training and checking.
---------------------------------------------------------------------------
\359\ Specifically, the NPRM discusses the intention of reducing
accidents and incidents related to human performance in commuter
operations and ensuring a balanced mix of training and checking to
enhance public and passenger safety. 88 FR 38946 at 39010 (June 14,
2023).
\360\ 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.
---------------------------------------------------------------------------
Therefore, to facilitate an appropriate level of training and
checking for certificate holders conducting commuter operations under
part 135 with powered-lift requiring two pilots by the type
certificate, the FAA proposed Sec. 194.247(b) to create an alternative
means of compliance with Sec. 135.3(b).\361\ For these operations, the
FAA proposed that certificate holders comply with subpart Y of part
121, which allows for an Advanced Qualification Program (AQP). This
program provides for approval of an alternate method for qualifying,
training, certifying, and otherwise ensuring the competency of persons
required to be trained under parts 121 and 135.\362\ This proposal
facilitates a rigorous safety standard for training and checking
without (1) imposing the inapt multiengine airplane requirements of
subparts N and O (and the applicable appendices) on powered-lift
commuter operators in part 135 or (2) overhauling the framework of part
121 to include powered-lift which are not entering part 121 operations
at this time.
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\361\ The FAA notes that the proposal to use an AQP is
temporary, as set forth in the SFAR rather than a permanent
regulation. As intended with the SFAR in general, as additional
information becomes available on the training and checking necessary
to effectuate safety for certain part 135 commuter powered-lift
operations, the FAA may revise this standard as appropriate.
\362\ Sec. 121.901.
---------------------------------------------------------------------------
ALPA supported the FAA's decision not to amend part 121 to
accommodate powered-lift operations, stating that considerable data
must be collected and analyzed before expanding into part 121
operations.
The FAA found that, in lieu of modifying subparts N and O of part
121 to accommodate the integration of certain powered-lift commuter
operations, implementing the AQP would uphold a similarly rigorous
safety standard for training and checking. The FAA proposed the use of
AQP to align more closely with the training and under subparts N and O
of part 121 as prescribed in Sec. 135.3. Compliance with AQP, normally
a voluntary program, shall be mandatory for powered-lift commuter
operations, given the unsuitability of the current N and O language to
powered-lift. AQP provides an alternative method for qualifying and
training pilots to ensure competency while providing an equivalent
level of safety to those required by a subpart N and O training
program. Additionally, the flexible, performance-based standard of an
AQP will best suit the SFAR's novel training paradigm for powered-lift
through the integration of safety program data, scenario-based training
and evaluations, crew resource management (CRM) training, customization
to the certificate holder's unique demographic and flight operation,
and innovative instructional methods and technology.
The FAA proposed Sec. 194.247(b) to require certain elements
within the AQP in recurrent ground training for PICs every 36 months.
This is to ensure that 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. Specifically, the FAA proposed Sec. 194.247(b)(2)(i) to
require 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. This requirement is
similar to the initial, recurrent, and upgrade ground training
requirements that govern airplane commuter operations.\363\ 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. Finally, 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.
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\363\ 14 CFR part 121, subpart N.
---------------------------------------------------------------------------
The FAA received one comment specifically pertaining to the
amendments proposed in Sec. 194.247. AWPC opposed the requirement to
adhere to subpart Y of part 121. AWPC contended that requiring powered-
lift operators to adhere to subpart Y is excessive and burdensome
because the programs require more time, larger staffing, and higher
costs than other training programs, which would be incongruent to apply
only to powered-lift operators. Instead, AWPC suggested that powered-
lift part 135 operators should adhere to the same regulations as
helicopter part 135 operators.
The FAA recognizes that establishing an AQP may place a burden on
operators.\364\ However, it is important to recognize that these
burdens (e.g., detailed job task analysis, increased evaluator and
trainer requirements, development of performance measurement tools and
qualification standards) are offset by the significant benefits offered
by an AQP. Unlike traditional training programs, which use maneuver-
based training and evaluation and often segment simulation events in a
manner that fails to realistically build up the accident error chain,
AQP scenario-based training and evaluation more closely simulate the
actual flight conditions known to cause most fatal carrier accidents.
This approach aligns training and evaluation with known causes of human
error, focusing on both crew and individual performance as well as
integrating flight training with CRM skill training. Moreover, AQP
offers greater efficiency to operators by allowing for proficiency
based training, as opposed to prescriptive programmed hours.
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\364\ The cost for the AQP information collection for AQP is
included in the PRA section of this rulemaking.
---------------------------------------------------------------------------
Whether a training program falls under subparts N and O of part
121, subparts E, G, and H of part 135, or subpart Y of part 121, the
financial burden of adding a new category of aircraft, such as powered-
lift, to a certificate holder's operations is similar. All training
programs require a front-end analysis of the certificate holder's
operation, aircraft, line environment, and job functions for each duty
position. Additionally, the regulations require the development of FAA-
approved operational manuals and training and qualification of all
instructors and
[[Page 92393]]
evaluators in adding a new category of aircraft to a certificate. The
process of adding a new aircraft category requires data collection and
analysis processes for both the initial and final approval of training
programs and the issuance of the appropriate operation specifications.
The FAA notes that 24 certificate holders, which includes one part 135
operator, to date, have voluntarily chosen to implement the AQP over
the standards in part 121 N&O. This voluntary adoption of AQP supports
that certificate holders have determined the benefit of implementing an
AQP exceeds its costs.\365\ As well, of the ten projects undergoing
type-certification at the FAA, only one project requires two pilots by
type certification (the AW-609), and thus subject to the subpart Y of
part 121.
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\365\ Over 90% of part 121 pilots are trained under an AQP
program, with 25 part 121 AQPs approved and 1 pending. There is
currently 1 part 135 operator and 2 other part 135 operators in the
approval process. All of the 121s and 135s are opting to comply with
AQP.
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As previously discussed, Sec. 135.3(b) sets forth certain training
program and qualification requirements specifically for commuter
operations that use airplanes in which two pilots are required by type
certification; conversely, Sec. 135.3(c) sets forth training program
and qualification requirements for those aircraft to which paragraph
(b) does not apply but who opt to use part 121 training standards.
The FAA maintains that allowing powered-lift to make use of the
``opt in'' provision in Sec. 135.3(c) to utilize subparts N and O of
part 121 is unworkable. As previously explained, 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. For
example, subparts N and O contain left and right seat requirements
whereas some powered-lift may only have one seat, training hour
requirements are tied to airplane types, and extended envelope training
is tailored to airplane characteristics that may not be applicable to
powered-lift. Additionally, powered-lift may present new requirements
(such as tandem seating for pilots) or different flight envelopes not
currently covered by subparts N and O. Having an N and O section that
does not adequately address powered-lift issues in full would create a
training gap among powered-lift pilots and not satisfy the intent of
the training program.
As ALPA commented, the permanent integration of powered-lift into
part 121 operations is premature; amending part 121 for powered-lift
operations requires extensive analysis of operational history based on
lessons learned from the initial SFAR period and part 135 operations.
The application of subparts N and O as written would mandate that a
powered-lift flightcrew perform some airplane-specific tasks
incongruent with powered-lift operational capabilities. These subparts
do not include specific tasks that are imperative to powered-lift
operations. This as-is application could result in PICs that are
insufficiently trained and checked on some maneuvers that powered-lift
possess the operational capability to conduct.
Likewise, the application of subparts E, G, and H under part 135 to
powered-lift is insufficient due to the expectation of safety during
commuter operations. As discussed in the NPRM, the FAA adopted a final
rule in 1995, upon recommendation from the NTSB, to require airplanes
that require two pilot crewmembers to comply with the training,
checking, and qualification requirements of part 121 (i.e., subparts N
and O).\366\ Specifically, the FAA considered the number of passengers
and types of operations that the part 135 commuter carriers conduct and
determined that comprehensive training requirements set forth by part
121 achieved a stronger level of safety. Specifically, part 121
training, to include CRM, benefits these types of passenger-carrying
operations because it provides more emphasis on training, whereas the
part 135 rules (i.e., subparts E, G, and H) rely more heavily on
testing and checking requirements. Powered-lift that require two pilots
by type certification will be similarly complex as airplanes in both
operating characteristics and in types of operation and require a
similarly high caliber of pilot training to ensure the public is as
safe as they would be in a part 121 operation.\367\
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\366\ Final rule: Air Carrier and Commercial Operator Training
Programs, 60 FR 65940 (Dec. 20, 1995).
\367\ The FAA proposed to use the phrase ``two pilots as
required by the aircraft flight manual''. For the final rule, the
FAA decided to use the term ``as required by type certification'' to
appropriately mirror Sec. 135.3.
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Powered-lift operations are expected to be operating in densely
populated areas, landing in complex airspace, and are significantly
novel in that the true diversity and complexity of future operations
are difficult to predict. Powered-lift operations will be able to
operate similar to current helicopter operations in take-off and
landing along with confined landing areas while also having a
predominant amount of the flight similar to an airplane at higher
altitudes and speeds. Helicopters are excepted from the same
requirements as airplanes because they generally do not take on the
complex nature of airplane commuter operations, which may often be
conducted under IFR, with numerous passengers in busy, complex
airspace, and in aircraft with complex systems and/or crew resource
management demands. If powered-lift are expected to take their place
among or, alternatively, replace some airplane commuter operations,
they must achieve the same level of safety expected by the public.
The unique nature of powered-lift as an entrant aircraft and
significant differences between types necessitate specific training
tailored to the operator's actual environment. Therefore, the FAA
determined the AQP is the most appropriate mechanism to facilitate a
customized, data-informed training program able to leverage
technological and training innovation. The data driven component of an
AQP will ensure that carriers are able to more precisely identify
critical training requirements for their novel operations that may be
unique to the type of powered-lift. In addition, AQP provides a
trained-to-proficiency model that uses planned hours, that exceeds the
training and checking paradigm imposed under subparts N and O of part
121.
In further reviewing the AQP requirements in subpart Y of part 121,
the FAA found that Sec. Sec. 121.903(c) and 121.921(a) contain the
word ``airplane'' versus the term ``aircraft,'' which is used in the
remainder of regulations in subpart Y. Notwithstanding the reference to
aircraft in Sec. Sec. 121.903(c) and 121.921(a), the intent of the
NPRM remains the same--to conduct training under subpart Y rather than
subparts N and O--and the regulatory impact cost analysis unchanged. In
the final rule, the FAA is requiring commuter operators to use AQP in
subpart Y of part 121 as proposed. However, the FAA modified Sec.
194.247(b)(1) to apply requirements of Sec. Sec. 121.903(c) and
121.921(a) to powered-lift.
After thorough analysis of all these factors, including any
additional burden to the certificate holder, the FAA has determined to
maintain the position that commuter operations under part 135 should be
required to train under an AQP in accordance with subpart Y of part
121. As noted, the FAA's decision is based on the inapplicability of
part subparts N and O in part 121 and the fact that subparts E, G, and
H of part 135 are not sufficient in the level of training needed for
powered-lift commuter operations. The use of AQP for powered-lift
reflects a commitment to achieving a high standard of safety and
operational efficiency.
[[Page 92394]]
4. Applicability of Rules for Eligible On-Demand Operations (Sec.
135.4)
Section 135.4 describes pairing and experience limitations as well
as operational limitations for eligible-on demand operations. Section
135.4 applies to powered-lift; however, Sec. 135.4(a)(3), when
describing pilot operating limitations, applies only to fixed-wing
aircraft. Section 135.4(a)(3) provides certain conditions when the
pilot-in-command shall make all take-offs and landings while conducting
an eligible-on demand operation. The FAA maintains that powered-lift
may have more complex landing situations than fixed-wing when operating
under conditions listed in (a)(3)(i) and (a)(3)(ii),\368\ and that the
experience mandated by the regulation should be applied to powered-lift
as well.
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\368\ These conditions relate to prevailing visibility at the
airport, visual range for the runway, runway conditions (e.g.,
water, snow, ice), crosswinds, and windshear.
---------------------------------------------------------------------------
The FAA proposed in Sec. 194.307 to apply the pilot operating
limitations in Sec. 135.4(a)(3) to powered-lift. The FAA did not
receive any comments, and the section is adopted as proposed.
5. Pilot in Command Qualifications (Sec. 135.243)
Section 135.243 prescribes qualifications for pilots serving as PIC
in certain passenger-carrying part 135 operations, passenger and cargo
flights under VFR, and passenger and cargo flights under IFR. Such
qualifications include minimum certificates, ratings, and hours of
pilot time, cross-country time, night flight time, and, if applicable,
actual or simulated instrument time. Certain PIC requirements in Sec.
135.243 apply to all aircraft (i.e., Sec. 135.243(b)(1)-(2),
(c)(1)(2)); therefore, these requirements that generally apply to PICs
in any aircraft in part 135 operations apply to PICs of powered-lift.
Other PIC requirements are specific to the category (i.e., airplane) or
class (i.e., helicopter) of aircraft being flown (e.g., Sec.
135.243(b)(3) applies to airplanes; Sec. 135.243(b)(4) applies to
helicopters). For these sections that do not include a specific
provision for powered-lift, the FAA proposed certain permanent changes
to incorporate powered-lift specific requirements into Sec. 135.243.
This section discusses each proposed revision, relevant comments to the
proposal, and resulting final amendments.
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,
under Sec. 135.243(a), 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, a person must hold an ATP certificate with
appropriate category and class ratings and, if required, an appropriate
type rating for that airplane. 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 of a
helicopter in scheduled interstate air transportation \369\ within the
48 contiguous states.
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\369\ Interstate air transportation is defined in 14 CFR 1.1:
the carriage by aircraft of persons or property as a common carrier
for compensation or hire, or the carriage of mail by aircraft in
commerce: (1) Between a place in a State or the District of Columbia
and another place in another State or the District of Columbia; (2)
Between places in the same State through the airspace over any place
outside that State; or (3) Between places in the same possession of
the United States;
Whether that commerce moves wholly by aircraft of partly by
aircraft and partly by other forms of transportation.
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As previously noted, the FAA proposed to add specific requirements
for powered-lift as permanent changes \370\ to align with the existing
requirements specific to airplanes and helicopters. Without adding a
provision for powered-lift to Sec. 135.243(a), Sec. 135.243(b) and
(c) would dictate PIC qualifications for powered-lift in certain
passenger-carrying operations based on whether the operation is
conducted under VFR or IFR (i.e., only a commercial pilot certificate
with a powered-lift category rating and a type rating would be
required). Leaving the regulation unchanged would result in less
stringent PIC requirements for powered-lift PICs in complex passenger-
carrying operations than those required to serve as PIC of an airplane
or helicopter.
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\370\ As discussed in the NPRM, a permanent revision aligns with
the permanent revisions in part 61 requiring the PIC in powered-lift
operations to hold a type rating (i.e., Sec. 61.31) and existing
requirements within Sec. 135.243 for airplanes and helicopters. The
FAA may propose subsequent amendments to modify the certification
standards for powered-lift PICs within Sec. 135.243(a) as more
operational information is collected during the life of the SFAR.
See 88 FR 39013 (June 14, 2023).
---------------------------------------------------------------------------
Therefore, the FAA proposed to permanently add paragraph (a)(3) to
Sec. 135.243 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 10 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'').
Consequently, as proposed, if a powered-lift PIC could not satisfy the
ATP certificate requirements, that operator 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. As proposed, under Sec.
135.243(a)(3), a PIC would not be permitted to serve as PIC with a
powered-lift type rating with a ``VFR only'' limitation in the
aforementioned part 135 operations.\371\
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\371\ The FAA proposed a permanent change to replace the
outdated reference to commuter operations as defined in ``part 119''
with ``part 110'' in Sec. Sec. 135.243(a)(1) and 135.244(a) in
light of the transfer of definitions from Sec. 119.3 to a new part
110. final rule: Operations Specifications, 75 FR 7482 (Feb. 10,
2011).
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ALPA disagreed with the FAA's proposed requirement for powered-lift
PICs to hold an ATP certificate and type rating only for on-demand
operations involving 10 or more passenger seats. ALPA recommended that
instead, if an ATP certificate is required for traditional helicopter
operations, an ATP certificate should also be required for similar
powered-lift operations regardless of seat capacity, to ensure the
highest level of safety in this novel aircraft type and its operations.
Bristow stated that operators of powered-lift in commuter
operations will be required to have an ATP certificate, but there is no
relief provided in the proposed rules that allows pilots to obtain
experience necessary for an ATP certificate. The commenter contended
that the small pool of military pilots with powered-lift experience
will hamper AAM commuter services. The commenter also noted that AAM
operations will be different than the other operations requiring the
PIC to hold an ATP certificate--functioning more like taxi/bus services
than as an alternative to commercial aircraft service.
In response to ALPA's comment on the scope of ATP certificate
requirement, the FAA notes that the regulatory text as proposed and
finalized in this rulemaking will apply to more operations than just
those where the powered-lift passenger-seat configuration consists of
10 seats or more (excluding each crewmember
[[Page 92395]]
seat). The ATP certificate and type rating requirement also will be
required for (1) turbojet-powered powered-lift, and (2) powered-lift in
commuter operations as defined in part 110. Thus, a PIC will be
required to hold an ATP certificate and type rating for a commuter
operation as defined in part 110 even if the powered-lift itself had a
passenger-seat configuration of only four. The FAA has determined that,
similar to the airplane operations that require a pilot to hold an ATP
certificate, the aforementioned powered-lift operations involve greater
complexity and therefore require the highest level of pilot proficiency
and experience. This requirement is commensurate with the public's
expectations for safety in commercial operations involving routine
scheduled flights.
The NPRM provided extensive discussion in support of the
requirement to hold an ATP certificate with a powered-lift category
rating and appropriate type rating not limited to VFR for certain part
135 commuter and on-demand powered-lift operations.\372\ Primarily, the
operations that are envisioned for powered-lift are virtually identical
to those existing airplane and helicopter operations in part 135 that
require ATP certification. As such, PIC qualifications must remain
consistent across operations to address the similar level of risk in
the complex operations (e.g., passenger carriage, duration of flight
time, operating systems, high-traffic areas in the NAS, etc.). This
complexity necessitates robust knowledge, training, and flight time to
achieve the highest level of safety.
---------------------------------------------------------------------------
\372\ 88 FR 38946 at 39012 (June 14, 2023).
---------------------------------------------------------------------------
To the extent that ALPA suggests that the ATP certificate
requirement should apply to the same operations applied to helicopter
operations (i.e., all interstate operations regardless of passenger
capacity), the FAA does not agree. PICs in on-demand and non-common
carriage operations in smaller powered-lift that are not turbojet-
powered are not required to hold the ATP certificate when conducting
interstate operations. If the FAA applied the same rule as helicopters,
these interstate operations in smaller powered-lift would require the
PIC to hold an ATP certificate. The FAA finds that an ATP certificate
for these types of operations typically involve smaller and less
complex aircraft, flying for a shorter duration of time with a lower
passenger-carrying capacity.
Under the hypothetical application of Sec. 135.243(a)(2) to
powered-lift, virtually all passenger carrying operations that crossed
state lines would require an ATP certificate. In addition, a blanket
requirement of an ATP certificate for powered-lift for all flights
would be a higher requirement than any other existing aircraft in
similar operations and create an undue burden for powered-lift
operations. This paradigm most aptly balances the need for increased
experience in complex operations and operating environments without
overly burdening other operations where a greater amount of flight
time, training, and qualification is not necessary.
Bristow's comments provide a perspective that AAM operations will
be different than the most traditional commercial operations that
require the PIC to hold an ATP certificate. However, the pilot
requirements in Sec. 135.243(a)(3) apply to all part 135 commuter
operations, and the characteristics of AAM operations described by
Bristow, such as shorter, more predictable routes within urban
environments and lower altitudes, do not justify lessening these
requirements. While some AAM operations may resemble taxi or bus
services in their function of ferrying passengers over relatively short
distances, the complexities and potential risks of commuter operations
are significantly greater.
The argument that such operations could be equated to ground
transportation overlooks the inherent complexities of aviation, where
the consequences of failures or emergencies can be immediate and
significantly different than the AAM operations described by Bristow.
The FAA maintains that the safety requirements and pilot
qualifications, including the requirement for an ATP certificate, must
reflect the potential risks and complexities associated with all part
135 commuter operations in all powered-lift designs. The AAM
operational characteristics described by Bristow, although distinct, do
not inherently diminish the potential criticality or safety
implications of emergencies that might occur during powered-lift
operations.
To the extent that Bristow expressed concerns that the FAA proposed
no relief from the ATP certificate requirements to accommodate ATP
certificate requirement in Sec. 135.243(a)(3), the FAA foresees
numerous paths to obtain the experience needed to serve in a commuter
operation. Initial cadre programs under the SFAR and part 135
operations not requiring an ATP certificate will allow pilots to begin
amassing experience needed to serve in more demanding commuter
operations. Finally, the FAA may not base a proposed regulation solely
on a perceived lack of appropriately qualified pilots, and it sees no
compelling safety case for reducing the experience requirements for a
new category of aircraft. Reducing the experience requirements for ATP
certification, particularly for a novel and limited segment like AAM,
would not align with the FAA's mandate to uphold appropriate standards
of safety. Therefore, Sec. 135.243(a) is being finalized as proposed.
ii. Section 135.243(b) and (c)
Except as specified in Sec. 135.243(a), Sec. 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. Specifically, under Sec. 135.243(b)(1)
and (c)(1), to serve as a PIC of an aircraft under VFR or IFR, the
person must hold at least a commercial pilot certificate with the
appropriate category, class, and type rating (if type rating is
required) for that aircraft. Additionally, dependent on whether the PIC
seeks to operate under VFR or IFR, the PIC must meet certain flight
time requirements set forth by Sec. 135.243(b)(2) and (c)(2). Because
these requirements apply to PICs of all aircraft, they would equally
apply to powered-lift PICs.
However, Sec. 135.243(b)(3) and (4) and (c)(3) and (4) prescribe
additional requirements specific to airplanes and helicopters regarding
instrument ratings and flight time requirements. Notably, these
paragraphs do not account for the requirements applicable to PICs
operating powered-lift under VFR or IFR. Therefore, the FAA proposed to
permanently amend Sec. 135.243(b) and (c) to set forth parallel
requirements for powered-lift operations under VFR and IFR.
Specifically, paragraphs (b)(5) and (c)(5) would require the PIC of
a part 135 VFR operation and a part 135 IFR operation in a powered-lift
to hold an instrument-powered-lift rating or an ATP certificate for the
powered-lift category. These requirements largely mirror the existing
requirements for PICs of part 135 airplane operations under VFR (or VFR
over-the-top in the case of helicopters) and IFR in airplanes and
helicopters (i.e., for airplane, an instrument rating or an ATP
certificate with an airplane category rating; for helicopters, an
instrument-helicopter rating or an ATP certificate with a category and
class rating for that aircraft, not limited to VFR).
Several commenters, including Archer, Eve, GAMA, and L3Harris,
[[Page 92396]]
opposed proposed Sec. 135.243(b)(5) requiring an instrument-powered-
lift rating or an ATP certificate with a powered-lift category rating
for operations under VFR. Archer disagreed with the FAA's assessment
that the operational characteristics of powered-lift are sufficiently
different from helicopters to justify requiring an instrument-powered-
lift rating for part 135 VFR operations. Archer stated that the type
certification process will demonstrate that their aircraft features the
same key operating characteristics as helicopters and, further, that
the requirement for initial commercial powered-lift pilots to hold an
airplane or helicopter instrument rating would provide an additional
layer of safety beyond that which is currently required for part 135
VFR helicopter pilots. Archer further contended their specific model
will have similar configuration as a helicopter.
Eve also recommended having powered-lift treated as helicopters in
this regard and to incorporate instrument ``awareness training'' in
commercial training and checking. Additionally, L3 supported striking
out powered-lift from the proposed Sec. 135.243(c)(5) text. L3
recommended that any instrument rating, such as an airplane instrument
rating, should be able to satisfy the instrument rating requirement in
Sec. 135.243(c)(5).
The FAA requires an instrument rating for part 135 VFR airplane
operations because if an airplane encounters inadvertent instrument
meteorological conditions (IIMC), the pilot must have the necessary
knowledge and skills to maintain safe control of the airplane,
transition to instruments, coordinate with ATC, and maneuver the
airplane to an emergency instrument approach and landing at an airport.
The FAA currently does not require an instrument rating for part 135
VFR helicopter operations, recognizing their capabilities for slow
flight and ability to land in a variety of conditions. While powered-
lift shares many characteristics with helicopters, a primary
consideration in requiring an instrument rating for VFR operations is
the powered-lift cruise profile. The FAA anticipates that other than
necessary for takeoff and landing, many powered-lift will be optimized
to primarily utilize lift provided by the wing for as long as practical
to maximize efficiencies in fuel consumption, speed, and range similar
to an airplane. This means many will operate at increased altitudes and
faster airspeeds and may require more time and distance to avoid IIMC
and complete an emergency approach and landing compared to a
helicopter. While some powered-lift may have the ability to fly at
slower airspeeds when operating in the vertical-lift flight mode, this
requires additional pre-flight planning to ensure the aircraft has
sufficient fuel/energy reserves to complete the flight in the vertical-
lift flight mode.\373\ However, IIMC events are not planned, therefore
the fuel/energy reserves on the aircraft may be insufficient to
transition from the wing-borne to the vertical-lift flight mode and
complete the flight in VFR conditions. Because not all powered-lift
types will have sufficient capability to avoid and recover from IIMC as
readily as their helicopter counterparts, the FAA has determined the
instrument rating provides a core competency that will increase safe
outcomes when unexpectedly transitioning from VMC to IMC conditions.
---------------------------------------------------------------------------
\373\ Powered-lift operators wishing to utilize helicopter
weather minimums and helicopter VFR fuel reserves must demonstrate
that their aircraft can meet certain performance and operational
criteria to ensure the powered-lift can safely conduct a landing in
vertical-lift flight mode at any point along the flight route.
Absent this capability, the powered-lift is required to adhere to
the airplane standards for weather minimums and fuel reserves.
---------------------------------------------------------------------------
While the FAA recognizes that some manufacturers' aircraft may have
the ability to transition rapidly into hovering flight modes or will
operate at slower airspeeds, the rule must encompass the entirety of
possible powered-lift designs. Some designs may not have the capability
of entering slow flight, and if they do, it may be extremely time
limited due to power consumption to complete a safe recovery at a
suitable landing area. Others may not have the capability to transition
into slower-flight modes in time to avoid an instrument encounter. In
time, classes may emerge that will allow for a diversification of rules
among the powered-lift fleet.
Due to their ability to have multiple configurations of flight, it
is important that powered-lift specific instrument skills be applied.
Configuration changes during approach, novel systems, and automation,
as well as unique emergency procedures make having an instrument rating
in category critical to the expected level of safety demanded of part
135 operations. The FAA has created instrument ratings that are
category and sometimes class (in the case of helicopters) specific
instead of being a universal rating on all categories for the very
reason that these categories and individual classes are unique enough
in operation that the training must be tailored as such.
Many proposed operating areas for powered-lift are in densely
populated urban areas, where an IIMC encounter may pose significant
public risk if a loss of control occurs. Requiring powered-lift pilots
to have an instrument rating during VFR operations on par with airplane
requirements ensures that PICs of powered-lift possess the proper
skills to safely conduct flight in the event of IIMC where pilot error
can immediately become critical.
Eve suggested that requiring an IFR rating is an overreach, given
some powered-lift may not even be capable of instrument flight. The
rationale behind the requirement is not to allow the aircraft to be
flown IMC when conditions deteriorate (as it is a VFR only operation),
but instead to ensure the pilot has the skills, experience, and
knowledge in the category to keep the aircraft under control both
during and before IIMC. Eve further suggested that many models will
likely be operating along planned routes, near forecast weather, and
short distances. This cannot be predicted for all types across the
category, however, and innovative uses of powered-lift may rapidly
expand beyond this possible area of operations. Although a powered-lift
may not be type-certified for IFR operations, pilots can still acquire
an instrument rating using these aircraft. This is similar to the
situation with many helicopters, which may not be type certified for
IFR flight, yet pilots often obtain their instrument ratings in these
helicopters by conducting simulated IMC training in VMC.
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,
limited, or strictly controlled, 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 is maintaining the instrument rating or ATP
requirement for powered-lift PICs operating under VFR, aligning the
regulation with the requirements imposed for airplanes.
GAMA, as part of its argument that powered-lift are add-on ratings
to the existing categories of rotorcraft or airplane, suggested that
Sec. 135.243 should be amended to allow for the instrument rating
(when required under the above regulation) to be held in airplane or
rotorcraft category (since there would be no powered-lift category in
this case). Recency would be accomplished in the aircraft type. This
[[Page 92397]]
is based on ICAO developed guidance as stated in GAMA's comment.
Due to the novelty of powered-lift, blended capabilities, their
differing capabilities, use of advanced technology, and unique
applications, the FAA has decided it is more prudent to develop
powered-lift as their own independent category. It is not required that
the FAA align all its regulations with ICAO recommendations regarding
powered-lift. Having a separate category as airplane or rotorcraft
would make holding a category specific instrument rating tailored
closer to the powered-lift capabilities and type of operations.
Therefore, the FAA adopts the provision as proposed.
6. Operating Experience (Sec. 135.244)
Section 135.244 specifies that before serving as PIC in a commuter
operation in part 135, a pilot must accomplish operating experience on
the make and basic model aircraft to be flown. This section, through
use of the term ``aircraft,'' applies to powered-lift. The hours of
operating experience required are set forth in Sec. 135.244(a)(1)
through (4) and are tailored to specific aircraft types: single-engine
aircraft, multiengine reciprocating engine-powered aircraft,
multiengine turbine-engine powered aircraft, and turbojet-powered
airplanes. These categories, established in the 1980s, did not foresee
the use of powered-lift in part 135. Further Sec. 135.244(b)
prescribes the manner and timing through which the pilot must
accomplish the operating experience and specifically requires the
operating experience to be accomplished in the aircraft. Section
135.244(b) had no proposed changes in the NPRM due to the reference to
aircraft and would include powered-lift.
To address this concern in Sec. 135.244(a)(1) through (4) which do
not include specific hours of operating experience for powered-lift,
the FAA proposed in Sec. 194.247(c) to require 20 hours of operating
experience in make and basic model of powered-lift before serving as
PIC in part 135. This 20-hour operating experience requirement
parallels the requirement for multi-engine turbine airplanes, which
share similar characteristics in terms of complexity. Additionally,
Sec. 194.247(c) would except powered-lift from the legacy operating
experience requirements under Sec. 135.244(a). By placing the powered-
lift requirement in the SFAR, the FAA would retain the flexibility to
adjust the 20-hour operating experience requirement as new data and
insights become available to align the operating experience
requirements with powered-lift operations.
Eve submitted comments regarding the amendment of Sec. Sec.
135.244(b) and 194.247. Similarly, L3Harris provided comments on the
same amendments. Eve and L3Harris did not challenge the number of hours
prescribed under Sec. 194.247(c); however, they commented that
scenario-based flight training or line-oriented flight training in an
FSTD equivalent to a Level C or higher in category, class, and type,
while under the direct observation of a qualified instructor, should
replace 50 percent of the hours required in Sec. 194.247(c). They
further contended that each hour of operating experience be replaced
with ``one full operating cycle.'' As noted in section V.F. of this
preamble, the FAA interprets the term ``operating cycle'' as it is
defined in Sec. 121.431 as a complete flight segment consisting of a
takeoff, climb, enroute portion, descent, and a landing.
Section 135.244(a) arose from a series of accidents in commuter
operations in which the PIC had little to no flight in the particular
make and model of aircraft they were to fly in revenue operations.\374\
While line-oriented and scenario-based flight training are useful
training experiences, time obtained in an FSTD may not adequately
replicate the range of real-world operational scenarios that were the
purpose of the original rule. The FAA emphasizes that, while FSTDs
provide valuable training opportunities, they currently do not fully
simulate the complexities of the NAS, including factors such as ATC
communications, air traffic, ground operations, and other operational
elements inherent in a part 135 commuter operation.
---------------------------------------------------------------------------
\374\ 45 FR 7540 (Feb. 4, 1980).
---------------------------------------------------------------------------
This recommended modification to allow operating experience to be
accomplished in FSTD would be difficult to limit only to powered-lift
as such allowance is not currently permitted in established categories
of aircraft that part 135 pilot will have far more extensive experience
flying in the NAS.\375\ Such a significant change for all categories of
aircraft necessitates a thorough evaluation of potential safety
implications across different operational contexts, which has yet to
occur. This departure from ``real-world'' experience would be beyond
the scope of the current rulemaking effort. The FAA recognizes the
advancements in simulation technology and its growing role in pilot
training. The FAA is actively evaluating the use of FSTDs in training
to this degree, and it is conceivable that advancements in FSTD
technology and demonstrated equivalency in safety outcomes may warrant
a reevaluation of the current stance in the future. However, the
rationale for FSTDs to provide a level of training equivalent to real-
world operations is a subject of ongoing assessment.
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\375\ As commenters have noted, they anticipate difficulties
meeting even the minimum flight time requirements in powered-lift
necessary for certificates and ratings whereas airplane and
helicopter pilots will have built the majority of their flight time
in airplanes and helicopters. It would be difficult to support
relief from an in-flight requirement by allowing FSTD time for
operating experience especially given the other increases FSTD use
permitted in this final rule.
---------------------------------------------------------------------------
In addition, the evaluation of new and emerging simulation
technology, such as the use of virtual reality (VR) devices on
qualified FSTDs, and the ability to realistically simulate scenarios/
situations is also currently being evaluated by the FAA. There are
current pathways that would allow for operators to have that technology
assessed under part 60 as discussed in section IV.C. of this preamble.
At this time, the use of such immersive simulation technologies have
not been fully evaluated for use on qualified FSTDs; nor are they
currently utilized in training to this degree.
The requirement for operating experience in actual aircraft
operations is rooted in ensuring the highest level of safety and public
confidence in commercial aviation. Thus, the FAA maintains the
importance of actual in-flight experience in the basic make and model
of aircraft to be flown. This experience encompasses many ``real-
world'' occurrences such as air traffic control, certain weather
conditions, passengers, ground obstacles/hazards, or other factors that
can play an important role in the development of a pilot's aeronautical
decision-making skills and operational proficiency in the actual
passenger-carrying part 135 commuter operations.
To the extent that commenters recommended replacing each hour of
flight with an ``operating cycle'' when there is already a provision to
reduce the flight hours by fifty percent for each takeoff and landing,
this allowance would potentially reduce hours even further than
currently allowed by Sec. 135.244(b)(4). That section already permits
the substitution of hours with takeoffs and landings. Replacing hours
with operating cycles would further decrease hours and reduce the
experience level of initial PICs in commuter operations to unacceptable
levels.
While the FAA appreciates the suggestions put forth by the
commenters, the current regulatory approach requiring actual aircraft
[[Page 92398]]
operating experience as prescribed in Sec. 135.244(b) will be
maintained. The FAA will continue to monitor advancements in FSTD
technology and their potential application in pilot training programs.
Any future changes to the regulatory requirements will be considered
through a comprehensive rulemaking process, ensuring stakeholder
engagement and adherence to safety priorities.
Eve commented that Sec. 61.64 requires pilots who completed their
practical test in a flight simulator without meeting certain experience
requirements to complete 25 hours of supervised flight with a qualified
pilot-in-command before their PIC restriction is lifted. Eve argued
that in the cases in which a pilot is completing the supervised
operating experience mandated by Sec. 61.64, the operating experience
requirements of Sec. Sec. 135.244 and 194.247 may be considered
satisfied.
A pilot can concurrently comply with the requirements of supervised
operating experience of Sec. 61.64 if the operating experience
requirements and provisions of Sec. Sec. 135.244 and 194.247 are also
complied with. The time requirements for the applicable regulations
address differing objectives of the operating experience. Section 61.64
addresses experience not received in the actual aircraft, whereas Sec.
135.244 provides passenger-carrying experience to a new pilot who is
learning about the operation. The requirements under Sec. 135.244(b)
are more restrictive, as they require the observations to be conducted
during part 135 commuter passenger-carrying operations. In the case of
an aircraft not previously used by the certificate holder in part 135
operations, operating experience acquired in the aircraft during
proving flights or ferry flights may be used. As a result, part 61 SOE
cannot replace the part 135 operating experience requirements--it would
not, on its own, satisfy the requirements of Sec. 135.244(b). However,
should the Sec. 61.64 requirements be satisfied during Sec.
135.244(b) operating experience, completing them concurrently (as
opposed to one in lieu of another) is possible. In this case, the pilot
satisfying the requirements of Sec. 61.64 must meet all requirements
to serve in a part 135 commuter operation.
HAI contended twenty hours of PIC in each make/model of powered-
lift is impractical, and that training in the basic make/model of any
other type of aircraft is considered sufficient without providing any
additional safety argument.
The FAA chose twenty hours in the aircraft to mirror multi-engine
turbine engine-powered requirements. The FAA expects many powered-lift,
due to their novel nature and complex systems, to be on par with the
level of complexity as these multi-engine turbine engine jets. The
powered-lift category presently includes aircraft as complex as the AW-
609, which is neither small nor simple in systems or operation. The
rule must be inclusive of and appropriate to all powered-lift that may
exist within the category. In time, if classes emerge in powered-lift
that are significantly more or less complex, higher or lower minimums
may be implemented. With regard to the comment that 20 hours of PIC in
each make and model is impractical, HAI did not provide any explanation
for its statement. To the extent that HAI suggests that time in any
make and model of powered-lift should count for all makes and models of
powered-lift, this allowance would be inconsistent with the
requirements imposed on other categories of aircraft in Sec. 135.244.
As HAI provided no safety justification for disparate requirements, the
FAA is finalizing Sec. 194.247 as proposed.
7. Second in Command Qualifications (Sec. 135.245)
In the NPRM, the FAA proposed revising Sec. 135.245, which sets
the certification requirements for SICs operating aircraft, to
specifically include reference to powered-lift where appropriate. The
FAA notes that a majority of the section did not require amendment as
the existing language in Sec. 135.245(a) and (d) already reference
``aircraft,'' a term that includes powered-lift.\376\ However, the FAA
proposed amendment to Sec. 135.245(c)(1) to add powered-lift, which
will ensure the instrument currency requirements for airplane and
helicopter SICs are likewise applicable to powered-lift. These proposed
changes standardize the SIC instrument experience requirements across
powered-lift, airplanes, and helicopters for SICs who serve in IFR
operations.
---------------------------------------------------------------------------
\376\ The FAA notes that Sec. 135.245(b) applies only to
helicopters, and that provision is unchanged in this final rule.
---------------------------------------------------------------------------
In its comments, GAMA proposed amending Sec. 135.245, recommending
that the SIC instrument rating requirement for powered-lift be
satisfied with either an airplane or helicopter instrument rating. This
approach contemplates powered-lift as an add-on type rating to existing
airplane or helicopter categories, per ICAO guidance, rather than a
separate powered-lift category.
Furthermore, GAMA recommended that powered-lift type ratings should
carry a VFR-only operating limitation, unless the approved course of
training is certified by the authority to include IFR operations and
VFR On-top. Additionally, GAMA suggested modifications to Sec.
135.245(c)(1), paragraphs (ii) and (iii), to align them with ICAO
guidance. The totality of these comments reflect GAMA's recommendation
for integrating powered-lift into the existing regulatory framework by
applying ICAO guidance applicable to airplanes or helicopters.
The FAA revised Sec. 135.245(c) to align the SIC instrument
experience requirements uniformly across powered-lift, airplanes, and
helicopters. This alignment ensures that the instrument experience
requirements are consistent across the categories of aircraft,
addressing the core of GAMA's recommendation for alignment. Further,
having the SIC instrument experience requirements for powered-lift
increases safety as explained in section V.J.5.ii. of this preamble.
Regarding GAMA's proposal that the FAA align all its regulations
with ICAO guidance regarding powered-lift, the FAA has decided on a
different path. After thorough consideration, detailed in section
V.J.7. of this preamble, the FAA has determined that the skill level
and knowledge required for pilots of powered-lift necessitate a more
conservative stance instead of applying ICAO recommendation to Sec.
135.245.
The FAA adopts the provision as proposed in the NPRM.
8. Pilot Qualifications: Recent Experience (Sec. 135.247)
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. 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.
Based on the active certification projects for powered-lift, the
FAA expected that a majority of powered-lift will not be type-
certificated for more than one pilot crewmember. For the reasons stated
in the NPRM, the FAA did not propose extending the alternative
experience requirements in Sec. 135.247(a)(3) to powered-lift and,
therefore, proposed no amendments to Sec. 135.247.\377\
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\377\ 88 FR 38946 at 39016 (June 14, 2023).
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[[Page 92399]]
The FAA did not receive any comments on excluding powered-lift from
the alternate provisions set forth by Sec. 135.247(a)(3). Therefore,
no regulatory changes are adopted in this final rule.
9. Initial and Recurrent Pilot Testing Requirements (Sec. 135.293)
In the NPRM, the FAA proposed amendments to Sec. 135.293, which
pertain to initial and recurrent pilot testing requirements, to
incorporate powered-lift where appropriate. While Sec. 135.293 remains
largely unchanged, modifications have been made to the following
sections to accommodate powered-lift.
Section 135.293(a)(9) specifies rotorcraft pilot testing
requirements on recognizing and avoiding of hazardous visibility
conditions like flat-light, whiteout, and brownout. The FAA proposed
extending these requirements to powered-lift pilots, ensuring they are
trained to recognize and avoid hazardous visibility conditions
applicable to powered-lift.
In Sec. 135.293(b), which specifies the requirement for pilots to
complete a practical skills and techniques competency check in the
aircraft every 12 months, the FAA proposed that powered-lift pilots
also complete these checks for each type of powered-lift they operate.
This proposal ensures that powered-lift pilots maintain the same level
of competency and proficiency as required for other aircraft types.
Section 135.293(c) mandates competency checks for rotorcraft
include demonstrations of maneuvering solely by reference to
instruments and transitioning into VMC following an inadvertent
encounter with IMC. Section 135.293(c) also requires that for non-IFR-
certified rotorcraft, the pilot must perform maneuvers that are
appropriate to the rotorcraft's installed equipment, the certificate
holders' operations specifications, and the operating environment.
Recognizing the critical importance of these skills, the FAA proposed
applying these same evaluation and maneuver requirements to powered-
lift pilots to ensure they possess the necessary capabilities to handle
similar conditions.
Finally, regarding Sec. 135.293(h), the FAA proposed a permanent
change to remove the compliance date memorialized in this paragraph and
reserve it, as the compliance date has already passed.
GAMA's comments recommend applying ICAO guidance to read the terms
``helicopter'' or ``rotorcraft'' to apply to ``powered-lift.''
Specifically, GAMA proposes that Sec. 135.293(a)(9), (b), (c), and
(h), as addressed above, should be applicable to powered-lift.
In response to GAMA's comments to apply ICAO guidance, the FAA
notes that the proposed language for Sec. 135.293(a)(9) already aligns
with this perspective by requiring powered-lift pilots to undergo
testing for hazardous weather condition recognition and avoidance.
Regarding Sec. 135.293(b), the FAA adopts language similar to multi-
engine airplanes due to the complexity and unique nature of each
powered-lift type, achieving similar outcomes to what helicopter-
specific language would have necessitated. For Sec. 135.293(c), the
FAA's proposal incorporates the more restrictive helicopter requirement
for powered-lift, in line with GAMA's suggestions. Finally, for Sec.
135.293(h), the FAA's proposal included the application of these
sections to powered-lift.
The FAA adopts the amendments to Sec. 135.293 as proposed.
10. Pilot in Command: Instrument Proficiency Check Requirements (Sec.
135.297)
i. Pilot in Command: Instrument Proficiency Check Requirements (Sec.
135.297(a) and (b))
Section 135.297 prescribes the instrument proficiency check (IPC)
requirements for the PIC of a part 135 IFR operation. The requirements
in Sec. 135.297(a) and (b) would apply to powered-lift PICs in part
135 operations as written.
The FAA did not receive any comments suggesting these provisions
should not be applicable to powered-lift; therefore, no amendments are
adopted in this final rule and Sec. 135.297(a) and (b) will apply to
pilots in command of powered-lift.
ii. Pilot in Command: Instrument Proficiency Check (IPC) Requirements
(Sec. 135.297(c))
The FAA proposed amendments to Sec. 135.297(c) to include powered-
lift in the IPC requirements for PICs. The regulation defines
instrument checking maneuvers for PICs flying an airplane under Sec.
135.243(a) (turbojet of 10 or more seats or a multi-engine commuter) or
PICs of airplanes and helicopters conducting IFR operations under Sec.
135.243(c). In addition to not addressing powered-lift IPC maneuver
requirements, this regulation contains a regulatory gap in that it does
not include a standard for helicopter operations conducted under Sec.
135.243(a). The FAA proposed to amend Sec. 135.297(c)(1)(i) to broadly
refer to ``aircraft'' to ensure consistency in the instrument
proficiency check requirements across categories of aircraft.
GAMA, as part of its broader argument that powered-lift should be
considered add-on ratings to the existing categories of rotorcraft or
airplane, proposed that the instrument proficiency check requirements
for powered-lift in Sec. 135.297(c)(1) match requirements with those
of helicopters. GAMA's recommendation would have powered-lift adhere to
the instrument proficiency check requirements of a helicopter, which
prior to this final rule would have applied instrument procedures and
maneuvers at the commercial pilot certificate level to all Sec.
135.297 checks for powered-lift even those operations that require the
PIC to hold an ATP certificate (i.e., Sec. 135.243(a)). The FAA
maintains that every aircraft category should be evaluated on ATP
instrument procedures and maneuvers when the operation requires the PIC
to hold an ATP certificate. Limiting this evaluation requirement to
airplanes while allowing helicopter and powered-lift operations to
conduct checks at the commercial-instrument level would undercut the
same rationale for holding the ATP certificate in the first place.
Therefore, the FAA adopts Sec. 135.297(c).
iii. Pilot in Command: Instrument Proficiency Check Requirements (Sec.
135.297(g))
Section 135.297(g) specifies the checking requirements for PICs
authorized to use an autopilot system in place of an SIC. The FAA
proposed permanently amending paragraph (g)(3), which currently only
references airplanes, 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. This amendment will ensure all PICs
are checked on autopilot systems to the same standard. Additionally, to
provide sufficient time for existing rotorcraft operators to update
their checking programs, if necessary, the FAA proposed a compliance
date of six months after the effective date of the final rule for this
paragraph.
The FAA did not receive any comments on the alternate provision set
forth by Sec. 135.297(g). The provision is adopted as proposed.
11. Initial and Transition Training and Checking: Flight Instructors
(Aircraft), Flight Instructors (Simulator) (Sec. 135.340)
The FAA did not propose any changes in the NPRM to Sec. Sec.
135.339 and 135.340
[[Page 92400]]
and, therefore, did not receive any comments on these provisions but
finds amendments necessary due to related changes in this final rule.
Section 135.340, which prescribes initial and transition training for
instructors in aircraft and simulators, as currently written, applies
to powered-lift flight instructors. To ensure the ATP certificate
privileges contained in Sec. 61.167(a) are not expanded as a result of
the SFAR's airman certification training curriculum, the FAA proposed a
temporary limitation to prohibit ATP certificate holders with powered-
lift ratings from instructing other pilots for the purpose of obtaining
a commercial pilot certificate with a powered-lift category rating or
an instrument-powered-lift rating.
Regulatory language in Sec. Sec. 135.339 and 135.340 currently
stipulates requirements that prevent flight instructors or check airmen
from qualifying in aircraft without two pilot seats, which creates a
conflict with the proposed SFAR single set of flight controls pathways.
Specifically, Sec. 135.339(e)(3) requires training and practice in
conducting flight checks from both the left and right pilot seats for
normal, abnormal, and emergency procedures to ensure competence in
conducting the required pilot flight checks. Similarly, Sec.
135.339(e)(4) requires safety measures likely to develop during
checking to be taken from either pilot seat for emergency situations.
Section 135.340 contains similar requirements necessitating dual
controls in paragraphs (e)(3) and (e)(4) for flight instruction.
In the case of single-pilot-seat powered-lift, the requirements
under Sec. Sec. 135.339 and 135.340 are not applicable due to there
being no distinction between left and right pilot seats. Consequently,
the FAA introduced regulatory flexibility within these sections to
accommodate training in single-seat powered-lift. The amendments allow
the collection of relevant data and other pertinent information during
the SFAR period, which may inform future updates to the regulations as
needed.
Therefore, the FAA is revising Sec. Sec. 135.339 and 135.340 to
reflect training required from both the pilot seat and the observer
seat (when applicable) to ensure instructors and check pilots are
properly trained on techniques and procedures to observe all required
maneuvers when using the single controls pathway.
12. Pilots: Initial, Transition, and Upgrade Ground Training (Sec.
135.345)
Section 135.345 establishes the requirements for initial,
transition, and upgrade ground training for pilots and includes the
requirements for what training must be completed. Powered-lift will be
included under the proposed expanded scope of Sec. 135.227(b) (as
discussed in section VI.D.4. of this preamble), which will require
training under Sec. 135.354(b)(6)(iv) in certain icing-related
requirements. Currently, Sec. 135.354(b)(6)(iv), is limited to
airplane operators seeking authorization to take off during ground
icing conditions. To address this issue, the FAA proposed extending
Sec. 135.345(b)(6)(iv) to include powered-lift through Sec.
194.247(d), which will require the icing-related training when
applicable.
The FAA did not receive any comments objecting to or suggesting
modifications to Sec. 194.247(d). Therefore, the FAA adopts the
provision as proposed.
K. Part 142 Training Centers
To accommodate powered-lift in part 142 training centers, and
harmonize requirements for airplanes, powered-lift, and rotorcraft, the
FAA proposed to amend certain part 142 requirements. Specifically, the
FAA proposed to amend Sec. Sec. 142.11(d)(2)(iii), 142.47(c)(2),
142.53(b)(2) and (b)(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 and training in an FSTD for
all aircraft categories.
1. Subpart A--General Requirements (Sec. 142.11(d)(2)(iii))
Subpart A of part 142 prescribes the requirements governing the
certification and operation of training centers and provides an
alternative means to accomplish the training required by part 61, 63,
65, 91, 121, 125, 135, or 137. Section 142.11 sets forth the
application requirements for issuance of a new or amended training
center certificate and training specifications. Because the FAA expects
training centers to use powered-lift FSTDs for training, testing, and
checking, the FAA proposed an amendment to Sec. 142.11(d)(2)(iii) to
remove the terms ``airplane'' and ``rotorcraft'' and use the term
``aircraft'' to include powered-lift. With this amendment, training
centers will 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. The FAA did
not receive comments on this amendment and adopts the amendment, as
proposed.
2. Subpart C--Personnel and Flight Training Equipment Requirements
(Sec. Sec. 142.47(c)(2) and 142.53(b)(2) and (b)(3))
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. First, Sec. 142.47 prescribes the
eligibility requirements for instructors in an approved flight training
course and, as relevant to this rulemaking, requires each instructor to
satisfactorily complete a written test accepted by the Administrator as
being of equivalent difficulty, complexity, and scope as the tests
provided by the Administrator for the flight instructor airplane and
instrument flight instructor knowledge tests. The FAA proposed to amend
Sec. 142.47(c)(2)(ii) to apply to the successful completion of the
written test for the specific category of aircraft in which the
instructor will instruct. The FAA did not receive comments on this
amendment and adopts the amendment as proposed. Section V.G.3. of this
preamble discusses additional amendments adopted within Sec. 142.47.
Next, Sec. 142.53 prescribes further training center instructor
training and testing requirements. Among other requirements, each
instructor who instructs in a flight simulator for an ATP certificate
test, type rating test (or both) must meet one of three requirements
set forth in Sec. 142.53(b)(1) through (3). Two of these options
include participation in an approved line-observation program under
part 121 or part 135, with certain parameters,\378\ or participation in
an approved in-flight observation training course, with certain
parameters.\379\ However, each of these options are airplane
specific,\380\ leaving an instructor in another category of aircraft
only the first compliance option in Sec. 142.53(b)(1) (i.e., in flight
operations).
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\378\ Sec. 142.53(b)(2).
\379\ Sec. 142.53(b)(3).
\380\ Sec. Sec. 142.53(b)(2)(i) and (b)(3)(i).
---------------------------------------------------------------------------
The FAA found, and maintains, 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 instructing in a rotorcraft or powered-lift as these
options do in airplanes. Additionally, expanding the options to
rotorcraft and powered-lift provides flexibility to select the best
option for the instructor and training center.
[[Page 92401]]
Therefore, the FAA proposed to amend paragraphs (b)(2) and (b)(3) to
change the word ``airplane'' to ``aircraft'' to encompass all aircraft
categories. The FAA did not receive comments on these option expansions
and adopts the amendment as proposed.
Finally, Sec. 142.57 prescribes the requirements for training
center certificate holders and applicants that use aircraft for flight
instruction. Specifically, Sec. 142.57(b), as currently written,
requires aircraft used for flight instruction to be at least a two-
place aircraft with engine power controls and flight controls easily
reached from both pilot stations. However, Sec. 142.57(c) provides an
exception to this requirement and allows a part 142 training center to
use an airplane for flight instruction with certain controls \381\ that
are not easily reached and operated in a conventional manner by both
pilots if the certificate holder has determined the instruction can be
given in a safe manner considering the location of controls and their
operation. Because the FAA's original intention in implementing this
regulation was to apply the exception to all aircraft, rather than only
airplanes, the FAA proposed revising the exception in Sec. 142.57(c)
to apply to all aircraft. The FAA did not receive comments on the
expanded flexibility and adopts the amendment as proposed. This
preamble further discusses Sec. 142.57 in the context of dual controls
in section V.K.2.
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\381\ Section 142.57(c) specifically delineates controls such as
nose-wheel steering, switches, fuel selectors, and engine air flow
controls.
---------------------------------------------------------------------------
Adding Inceptors to the List of Controls in Sec. 142.57(c)
While the FAA did not receive comments on the proposed amendment to
Sec. 142.57(c) adopted herein, Eve recommended that inceptors be added
to the types of controls referred to in Sec. 142.57(c) as excepted
from Sec. 142.57(b). In other words, Eve's proposed amendment would
permit and expand the exception to controls that are required to be
easily reached and operated in a conventional manner by both pilots
during flight instruction. Eve did not provide supporting arguments for
the exclusion of inceptors as compared to other controls; however, the
FAA maintains that these controls in particular are critical to
maintaining safety in in-flight instruction and, therefore, declines to
expand the exception to inceptors.
Section 142.57(c) identifies several controls excepted from meeting
the standard in Sec. 142.57(b) in recognition that certain uniquely
configured aircraft could be safely operated in the context of flight
instruction: nose-wheel steering, switches, fuel selectors, and engine
air flow controls. In a broad context, inceptors are flight-critical
controls on fly-by-wire aircraft used to adjust the flight path of an
aircraft that are not excepted from the requirements of Sec.
142.57(b). As previously defined in footnote 35 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.
Due to the breadth of piloting tasks and systems that inceptors
govern, systems that are critical must be accessible by both pilots
during flight training. Given these considerations, as well as the wide
variety of powered-lift designs and control features expected, the FAA
does not find it appropriate to extend relief in Sec. 142.57(c) to
inceptors at this time. The FAA considered the challenges imposed by
some new-entry powered-lift which may have only one set of controls
(e.g., inceptors) or one pilot station, which is discussed in section
V.D. of this preamble.
3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in
Training Courses Under Part 142 (Sec. 194.251)
Finally, the FAA proposed to relieve an applicant from the
requirement to receive flight training on a task (or perform the task
on a practical test) in accordance with an examiner's waiver authority
because the powered-lift is incapable of performing the task. In turn,
the FAA proposed that a training course for which approval is requested
is not required to include 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). The FAA proposed this relief in Sec.
194.251 and did not receive any comments on this provision. As
discussed in section V.H.1. of this preamble, the FAA adopted the
described training and testing relief as proposed; therefore, this
final rule adopts Sec. 194.251 as proposed.
L. Subpart K of Part 91 Pilot Qualifications
Subpart K of part 91 allows for fractional owners and their
respective management company to share operational control of an
aircraft. This subpart details certain operational considerations
pertaining to fractional ownership programs to include safety standards
for pilot training and qualifications. In the NPRM, the FAA discussed
how the current regulatory framework as well as proposed amendments
would be applicable to fractional ownership programs using powered-
lift.
Section 91.1053 prescribes the FAA certification and ratings
required to serve as a pilot in aircraft under 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 proposed 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.
The FAA received one comment in response to this proposal from Eve
who proposed that the FAA apply the same requirements of pilot
qualifications as already specified in Sec. 135.243(b) \382\ to
fractional operators under subpart K of part 91. Eve suggested their
proposal will allow future operators to foster the market from a less
complex start, which the FAA interprets to mean an entrance into the
market that is on par with similarly situated airplane operators, as
well as address the current shortage of professional pilots available
in the U.S. market. Eve also proposed revising the pilot qualification
minima in Sec. 135.243(b) to allow an airplane or helicopter
instrument rating in place of a powered-lift instrument rating. Eve
suggested this revised version of Sec. 135.243(b) could also be
incorporated into Sec. 91.1053 to apply to subpart K of part 91
operators. The FAA determined that there is a significant safety
advantage to being instrument rated in the category of aircraft flown
and that instrument experience in other categories does not
automatically provide the knowledge or skills to safely pilot the
aircraft in an inadvertent instrument conditions encounter.\383\ The
FAA, accordingly, adopts Sec. 91.1053 as proposed.
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\382\ Section 135.243(b) outlines who may serve as PIC of an
aircraft under VFR, and it includes a person who (1) holds at least
a commercial pilot certificate with certain ratings, (2) has had at
least 500 hours time as a pilot, including cross-country flight time
and at night, (3) for an airplane, holds an instrument rating or an
ATP certificate with an airplane category rating, or (4) for
helicopter operations conducted VFR over-the-top, holds a helicopter
instrument rating or an ATP certificate with a category and class
rating for that aircraft, not limited to VFR.
\383\ As discussed, Sec. 135.243(b) contains the PIC
qualification requirements for aircraft operated under VFR.
---------------------------------------------------------------------------
Section 91.1055 prescribes pilot operating limitations and pairing
requirements for fixed-wing program
[[Page 92402]]
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 proposed that this rule apply to
powered-lift in Sec. 194.245. The FAA received no comments and
therefore adopts Sec. 194.245 as proposed.
Section 91.1065 prescribes the initial and recurrent pilot testing
requirements. Section 91.1065(b) specifies ``multiengine aircraft;''
therefore, the parts of this section that reference aircraft are
applicable to powered-lift. As described in the NPRM, 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. The FAA did not receive any comments related to
Sec. 91.1065. As such, in accordance with 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.
VI. Operational Rules for Powered-Lift
A. Introduction
As noted in the Executive Summary, the FAA received comments
requesting that the FAA apply a more performance-based approach to the
SFAR operational rules rather than largely apply the airplane
provisions to powered-lift operations. As discussed in this section,
the FAA determined that applying performance-based criteria to allow
some powered-lift to use the rotorcraft/helicopter provisions for some
of the operational rules is appropriate. As a result, and as discussed
below in more detail, the FAA has created operational flexibility by
establishing some performance-based standards for powered-lift
operations.
The FAA notes there were four different regulatory tables in the
proposed SFAR. The FAA addressed the parts 91 and 135 airplane
provisions in the tables to Sec. Sec. 194.302 and 194.307. It
addressed the parts 91 and 135 helicopter and rotorcraft provisions in
the tables to Sec. Sec. 194.303 and 194.308. For the final rule, the
FAA has combined the part 91 airplane and rotorcraft tables, now found
at Sec. 194.302, and the part 135 airplane and rotorcraft tables, now
found at Sec. 194.306.
Finally, the FAA notes that it made a technical amendment to Sec.
194.301 to provide further clarity. There are some existing regulatory
sections that reference a specific category of aircraft such as
airplanes or rotorcraft. If any of those references are not clarified
in the SFAR regulatory text, then the FAA intended for them not to
apply to powered-lift. Consequently, the FAA amended Sec. 194.301 to
state, ``In addition, any sections or paragraphs within sections under
parts 91 and 135 that refer to specific categories of aircraft and that
are not referenced in the SFAR tables to Sec. 194.302 or Sec.
194.306, do not apply to powered-lift.''
B. Part 91 Rules for Powered-Lift
Section 91.9(a) and (b) 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
proposed 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 also proposed a permanent amendment to Sec. 91.1(d) to change the
term ``airplane'' to ``aircraft'' because these provisions apply to all
aircraft. The FAA did not receive any comments related to these
proposals and is therefore adopting Sec. 194.302(a) and the amendment
to Sec. 91.1(d) as final.
The FAA received a general comment about the proposed rules for
powered-lift and part 91.
AOPA argued the proposed SFAR did not sufficiently address
requirements for private powered-lift operations to be conducted under
part 91. AOPA indicated they expect an increase in private operations
within a few years and requested clarification on private operating
requirements.
The FAA disagrees with AOPA that the SFAR does not address
requirements for ``private'' operations. The FAA asserts that
operations that are not commercial operations are regulated by part 91.
During this rulemaking, the FAA evaluated the part 91 regulations to
determine how they apply to powered-lift. As discussed in the NPRM, the
part 91 rules pertaining to ``aircraft'' already apply to powered-
lift.\384\ The FAA then evaluated every part 91 rule pertaining to
``airplanes,'' ``helicopters,'' and ``rotorcraft'' and determined if
and how each of those would apply to powered-lift. Those regulations
are outlined in the SFAR under Sec. 194.302. As a result, the
regulations outlined in Sec. 194.302 address non-commercial operations
(what the commenter is referring to as ``private'' operations).
---------------------------------------------------------------------------
\384\ See 88 FR 38946 at 39024-39025 (June 14, 2023).
---------------------------------------------------------------------------
1. Flight Rules
Section 91.103 requires a PIC to be familiar with all available
information concerning that flight. Section 91.103(b)(1) states that
this information must include takeoff and landing distance data as
specified in an approved Airplane or Rotorcraft Flight Manual. The FAA
proposed in Sec. 194.302(b) that powered-lift with an AFM approved
through the aircraft certification process in part 21 comply with the
provisions in Sec. 91.103(b)(1). The FAA did not receive any comments
related to this proposal and is therefore adopting Sec. 194.302(b) as
final.
Section 91.107 prescribes rules related to the use of safety belts,
shoulder harnesses, and child restraint systems. Specifically, Sec.
91.107(a)(3)(i) through (iii) 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. The FAA proposed in Sec. 194.302(c) to apply Sec.
91.107(a)(3)(i) through (iii) to powered-lift. For seaplane and float-
equipped rotorcraft operations during movement on the surface, Sec.
91.107(a)(3) 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. The FAA
proposed 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. The FAA did not receive any comments related to
Sec. 194.302(c) and is therefore adopting Sec. 194.302(c) as final.
Section 91.113 prescribes the rules 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
[[Page 92403]]
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.'' The FAA proposed 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.
The FAA received three comments related to Sec. 91.113 and the
proposed Sec. 194.302(d). ALPA expressed support for including
powered-lift in the same right-of-way category as airplanes and
rotorcraft. An anonymous commenter stated they believe it is important
that all pilots have the same understanding of which aircraft have the
right-of-way, and therefore recommended the FAA make a permanent change
to Sec. 91.113(d)(2) and (3) instead of publishing this change in the
SFAR. An individual commenter asked the FAA to elaborate on why
powered-lift is proposed to be grouped with these other aircraft types
and how this categorization ensures safe and efficient traffic flow.
Right-of-way rules maintain the privilege of less maneuverable
aircraft to safely proceed with priority over more maneuverable
aircraft in the NAS. The proposed Sec. 91.113(d)(2) continues to give
gliders right-of-way over powered aircraft such as airplanes, powered-
lift, and rotorcraft. Additionally, the proposed Sec. 91.113(d)(3)
continues to give airships right-of-way over all other powered
aircraft, except for those aircraft that are towing or refueling
another aircraft. Balloons will continue to have the right-of-way over
any other aircraft category.
The FAA agrees with the commenter that Sec. 91.113 should outline
the powered-lift right-of-way rule instead of the SFAR so that all
pilots understand how powered-lift should be treated in the NAS under
the right-of-way rules. The FAA recognizes that a separate rulemaking,
the Modernization of Special Airworthiness Certification NPRM
(``MOSAIC''),\385\ has proposed language under Sec. 91.113 that would
apply to ``powered aircraft.'' The FAA is promulgating this powered-
lift final rule before the MOSAIC final rule. As a result, any changes
included in the final MOSAIC regulatory text for Sec. 91.113 will
supersede the powered-lift Sec. 91.113 language once MOSAIC is
finalized and effective. Nevertheless, the language in this rule allows
powered-lift to operate under the Sec. 91.113 right-of-way rules.
---------------------------------------------------------------------------
\385\ See 88 FR 47650 at 47704 (July 24, 2023).
---------------------------------------------------------------------------
Therefore, the FAA adopts the proposal under Sec. 194.302(d) as a
permanent amendment. The FAA recognizes the importance of all pilots
understanding the right-of-way rules set forth in Sec. 91.113.
Consequently, instead of placing the final language within the SFAR, it
is now a permanent change within Sec. 91.113. Under Sec.
91.113(d)(2), a glider has the right-of-way over an airship, powered
parachute, weight-shift-control aircraft, airplane, powered-lift, or
rotorcraft. Under Sec. 91.113(d)(3), an airship has the right-of-way
over a powered parachute, weight-shift-control aircraft, airplane,
powered-lift, or rotorcraft.
Section 91.119 prescribes the minimum safe altitude (MSA) for
aircraft operations. This section establishes less restrictive minima
for helicopters, which in certain circumstances as described in Sec.
91.119(d), are allowed to operate below the minimum altitudes
prescribed for airplanes in Sec. 91.119 (b) and (c). The justification
for allowing helicopters to operate below minimum altitudes was based
on helicopter performance capability. Accordingly, the FAA did not
propose to apply the helicopter minimum altitude requirements of Sec.
91.119 to powered-lift. The rationale for this was based on the
understanding that powered-lift will likely operate like airplanes in
cruise flight, requiring more time and distance to correct their
flightpath to avoid other aircraft and obstacles. The FAA proposed
powered-lift operators comply with the minimum altitude requirements
prescribed Sec. 91.119 (b) and (c).
The FAA received eight comments related to Sec. 91.119 and minimum
safe altitudes. ALPA supported the proposed exclusion of powered-lift
from Sec. 91.119(d).
Eve recommended that powered-lift, based on anticipated operational
performance such as speed and maneuverability, utilize the same MSA
requirements as those applied to helicopters.
In a group comment, Archer, CAE, GAMA, Joby, AWPC, Lilium and NBAA
suggested that the FAA consider the operational capabilities of
powered-lift (e.g., vertical capabilities) when applying the minimum
safe altitude requirements.
The FAA has reevaluated its proposal and has determined that
certain powered-lift, similar to helicopters, have operating
characteristics that enable them to land in a relatively small space,
such as their ability to autorotate (or perform an equivalent maneuver)
with precision during power-out emergencies. Therefore, the FAA agrees
with the group commenters that those powered-lift that have
demonstrated the capability to autorotate or conduct an approved
equivalent maneuver should also be allowed the same minimum safe
altitudes as those afforded to helicopters in Sec. 91.119(d). The FAA
has determined there would be no adverse effect on safety to allow
certain powered-lift to utilize helicopter minimum safe altitudes. As
such, the FAA adopts a performance-based rule allowing powered-lift
operating in the vertical-lift flight mode to use an altitude lower
than that specified for airplanes in certain circumstances. This rule
is being adopted as Sec. 194.302(d). Importantly, the FAA notes that
some helicopter routes may be lower than the minimum altitude published
in the AFM for a given powered-lift configuration (e.g., an altitude
which enables a transition from wing-borne flight to vertical-lift
flight mode at an altitude sufficient to conduct a safe autorotation,
or an approved equivalent maneuver, to a landing). Regardless of any
clearance or helicopter route prescribed altitude, no powered-lift may
operate lower than any AFM limitation (or any other limitation, e.g.,
MEL, etc.). The FAA reiterates that a clearance by air traffic does not
grant exemption from any other rule. Section 91.9 requires compliance
with all AFM-prescribed operating limitations, subject to limited
exception provided in Sec. 91.9(d).
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 proposed 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, similar to
airplanes. The FAA proposed in Sec. 194.303(b)(1) to apply the
helicopter provisions detailed in Sec. 91.126(b)(2) to powered-lift
when the powered-lift intends to land in vertical-lift flight mode. The
FAA did not receive any comments related to the proposed Sec.
194.302(e) or Sec. 194.303(b)(1). The FAA is adopting both proposed
changes as final in Sec. 194.302(e) and Sec. 194.302(f).
Section 91.126(c) outlines the final flap settings required for
turbojet-powered airplanes as outlined in the Airplane Flight Manual.
Specifically, Sec. 91.126(c) 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. The FAA is not aware of any turbojet-
[[Page 92404]]
powered powered-lift currently in the certification process, nor are
any anticipated during the term of this SFAR. To ensure that powered-
lift can land safely at airports in Class G airspace, the FAA did not
propose to apply this paragraph to powered-lift. The FAA received no
comments on this and, as proposed, will not apply Sec. 91.126(c) to
powered-lift.
Section 91.129 provides various requirements for operations in
Class D airspace, which will each be discussed, in turn. Comments and
FAA responses related to this rule have been consolidated at the
conclusion of this section.
The provisions of Sec. Sec. 91.129(a) through (d), (g)(1), and (i)
refer to aircraft, and accordingly are already applicable to powered-
lift. However, Sec. 91.129(e)(1) and (e)(2) require minimum altitudes
when operating at an airport in Class D airspace in large or turbine-
powered airplanes. To remain consistent with this established agency
policy for aircraft operations that are likely to result in similar
noise due to size and powerplant, the FAA proposed in Sec. 194.302(f)
that large or turbine-powered powered-lift comply with Sec.
91.129(e)(1) and (e)(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.
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 proposed in
Sec. 194.302(f) that large or turbine-powered powered-lift also need
to 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.
Section 91.129(h) 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, and the FAA considers this requirement to be appropriate for
powered-lift operations to ensure adequate noise abatement. The FAA
proposed in Sec. 194.302(f) that large or turbine-powered powered-lift
comply with Sec. 91.129(h).
Airbus Helicopters provided a comment related to Sec.
91.129(e)(1), (e)(2), (g)(2), and (h). In this comment, Airbus
Helicopters stated that powered-lift design will have a significantly
reduced noise footprint compared to large airplanes, and therefore, the
FAA should consider lower altitude minima in Class D airspace. Airbus
Helicopters proposed the following regulatory amendment: ``Section
91.129(e)(1) and (2), (g)(2), and (h) 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.''
The FAA finds that there is insufficient data to support Airbus
Helicopters' claim that powered-lift designs will have a significantly
reduced noise footprint compared to large airplanes. Furthermore, the
FAA notes that operators may seek relief from this rule by applying for
a waiver in accordance with Sec. 91.903. The FAA is adopting the
requirements for applying Sec. 91.129(e)(1) and (2), (g)(2) and (h) to
powered-lift, as proposed, in Sec. 194.302(g).
Section 91.129(e)(3) states 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 proposed in Sec. 194.302(g)
that powered-lift intending to land in wing-borne flight mode must
comply with this provision of paragraph (e)(3) to ensure adequate
obstacle clearance is maintained during the approach. Compliance with
this provision would not be required for those powered-lift intending
to land in vertical flight mode as they will be flying slower than when
in forward flight (wing-borne flight mode) similar to a helicopter. The
FAA received no comments on the proposed Sec. 194.302(g) and
therefore, as a result of renumbering, adopts this provision in Sec.
194.302(h) as final.
Section 91.129(f) imposes requirements for approaches in Class D
airspace, 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 in order to land like a helicopter. The FAA proposed in Sec.
194.302(h) that powered-lift must comply with Sec. 91.129(f)(1) when
the operator intends to land the powered-lift in wing-borne flight
mode. When the operator of the powered-lift intends to land in
vertical-lift flight mode, however, the operator must comply with the
helicopter provisions detailed in Sec. 91.129(f)(2), as proposed in
Sec. 194.303(b). 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. 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. The FAA
did not receive any comments and therefore, as a result of renumbering,
adopts these requirements in Sec. Sec. 194.302(i) and 194.302(j) as
final.
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 proposed in Sec. 194.302(i) that
Sec. 91.131(a)(2) should apply to large powered-lift regardless of
powerplant type. The FAA received no comments on Sec. 194.302(i) and
therefore, as a result of renumbering, adopts this proposal in Sec.
194.302(k) as final.
Section 91.151 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. For powered-lift, the FAA proposed in Sec. 194.302(j) that
powered-lift must comply with the airplane reserve requirements in
Sec. 91.151(a) due to the lack of powered-lift operational data to
support use of the less restrictive rotorcraft fuel reserve.
The FAA received 21 comments related to the proposed Sec.
194.302(j). Two commenters supported the proposed fuel reserve
requirements, while 19 proposed an alternative to the FAA's original
proposal.
ALPA said these requirements would enable normalized integration of
aircraft with novel power sources and are necessary to achieve
equivalent levels of safety to current aircraft operational
[[Page 92405]]
requirements, even if they result in limiting flight times for some
powered-lift. Electra.aero posited that electric energy storage
technologies still have significant uncertainties that warrant a more
conservative approach until sufficient operational experience is
achieved. Other commenters suggested the proposed fuel requirements
could be detrimental to enabling powered-lift operations. Bristow
argued that the proposed requirements would limit the scope of missions
that powered-lift can accomplish, which would negatively impact the
economic benefits and travel efficiencies that these vehicles would
otherwise provide. Bristow, Airbus Helicopters, and Joby all contended
that electric powered-lift may be unable to meet the energy reserve
requirements necessary to operate. BETA said that, for short-duration
flights, the proposed requirements could mean requiring more than
double (for VFR) or triple (for IFR) the required energy, which it said
is a heavy burden compared to the impact of the same reserve on
traditional aircraft. AgustaWestland Philadelphia Corporation (AWPC)
stated that the proposed requirements would reduce their vehicle's
range and payload by 10-15 percent.
Several commenters recommended applying current helicopter fuel
minimum requirements in Sec. 91.151(b) to powered-lift. These
commenters, including CAE, the Vertical Flight Society, Bristow, GAMA,
and Joby noted similarities between helicopters and powered-lift,
including their maneuverability at low speeds and the flexibility to
land safely at varied locations due to their vertical landing
capabilities. AWPC suggested that VTOL-capable powered-lift should be
allowed to use helicopter VFR fuel reserves, while powered-lift
authorized to utilize copter procedures should be allowed to use
helicopter IFR fuel reserves.
Archer added that many powered-lift, unlike helicopters, have no
single-point-of-failure vulnerabilities. Additionally, Archer said
that, because Sec. 91.151(b) applies to the entire rotorcraft
category, other aircraft that are typically incapable of vertical
operations like gyrocopters are still regulated by the 20-minute fuel
reserve requirement due to their ability to land in confined areas.
Archer stated that electric powered-lift can land vertically in zones
smaller than typically needed for gyrocopters and often require less
surface area to conduct a landing than many helicopters.
Several commenters recommended the FAA consider applying
performance-based reserve requirements that consider each powered-
lift's characteristics and intended operations. Bristow said there is
precedent for this type of approach in Sec. Sec. 121.645 and 121.646
where the FAA applies different fuel reserve criteria for domestic,
flag, and ETOPS commercial airline operations. Supernal suggested
revising the existing fuel reserve requirement to a performance-based
standard for powered-lift to maintain an equivalent level of safety.
Eve and L3Harris recommended adding language to part 194 that would
allow for reduced energy requirements (subject to approval of the
Administrator) based on a specific risk mitigation assessment,
including energy consumption data, energy planning and in-flight energy
management, and selection of alternate landing sites. GAMA and Joby
added other factors to consider in an assessment, including
environmental factors, performance capabilities, weather patterns, and
air traffic. These commenters referenced a white paper \386\ from GAMA
that they said provided more information on this issue. ANAC suggested
fuel reserve requirements could be defined case-by-case based on the
ConOps presented for the project.
---------------------------------------------------------------------------
\386\ General Aviation Manufacturers Association, Managing Range
and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-
content/uploads/Managing-Range-and-Endurance-of-Battery-Electric-
Aircraft_v1-1.pdf.
---------------------------------------------------------------------------
The FAA stated in the NPRM that it did not have sufficient
operational data to reduce fuel requirements. In response, AWPC said
the Bell-Boeing V-22 Osprey shares performance characteristics with one
of the company's powered-lift designs and has more than 20 years of
flight experience with hundreds of thousands of flight hours
accumulated that could provide relevant data. An individual pilot
suggested the FAA seek input from the pilots currently flying powered-
lift to better understand their operational experience.
The FAA has reconsidered its position regarding Sec. 91.151. In
vertical-lift flight mode, a powered-lift can operate in a manner
similar to a helicopter. As such, powered-lift require less surface
area for a landing, thereby increasing the number of available landing
sites, both planned and unplanned. Risk is further mitigated when
operations are conducted under VFR. The FAA has concluded that,
provided the powered-lift is continuously capable of conducting a
landing in the vertical-lift mode along the entire route of flight,
there is no adverse effect on safety to allow powered-lift to utilize
rotorcraft VFR fuel requirements in accordance with Sec. 91.151(b).
However, if the powered-lift cannot be assured of a safe landing in the
vertical-lift flight mode along the entire route of flight, then
compliance with Sec. 91.151(a) would be required. Indications that a
powered-lift may not be assured of a safe landing in vertical-lift
flight mode along the entire route of flight may include a limitation
or requirement in the AFM which would preclude such a landing.
Likewise, the powered-lift may not be capable of transitioning from
wing-borne to vertical-lift flight mode quickly enough to comply. This
provision will not prevent a powered-lift from operating in wing-borne
flight mode. Rather, it will require the powered-lift to have the
performance capability, as detailed in the AFM, to conduct a landing in
vertical-lift flight mode along the entire route of flight in order to
take advantage of the rotorcraft VFR fuel requirements. Therefore, as a
result of renumbering, the FAA adopts this proposal, as amended, in
Sec. 194.302(l).
Sections 91.155 and 91.157 permit helicopters to operate under
lower visibility and cloud clearance minima than airplanes. The FAA
determined that powered-lift possess a wider range of characteristics,
with some operating more akin to airplanes during cruise flight. The
FAA proposed in Sec. 194.302(k) that powered-lift comply with the more
restrictive airplane weather minima in Sec. Sec. 91.155 and 91.157.
The rationale for the proposed Sec. 194.302(k) was that powered-
lift will likely operate similar to an airplane in cruise flight, thus
requiring more time and distance to correct their flightpath to avoid
other aircraft and obstacles. As such, a higher visibility minimum is
needed to ensure safety. The FAA received 13 comments in response to
this proposal. Two commenters expressed support. Eleven commenters
proposed an alternative to the FAA's original proposal.
Electra.aero and ALPA expressed support for the proposed weather
minima for powered-lift. Electra.aero stated that the ability for eVTOL
aircraft to hover at lower, helicopter-like speeds is often limited by
the battery thermal capability that only provides a few minutes of
hover time.
Archer suggested replacing category-based operational rules
regarding visibility minimums with type-specific rules informed by the
type certification and FSB process, similar to that proposed in the
NPRM for airworthiness evaluation and eligibility for Copter
Procedures.
[[Page 92406]]
GAMA stated powered-lift possess helicopter-like maneuverability,
safe operation at low airspeeds and altitudes, and the capability of
vertical takeoff and landing. Given these characteristics, the
helicopter provisions of this rule should apply. The ability of
helicopters to operate at lower speeds and with increased
maneuverability while maintaining safety under less restrictive minima
should be considered for powered-lift. Therefore, the exception
incorporated in Sec. 91.155 should allow powered-lift pilots to take
advantage of their aircraft's capabilities while ensuring an equivalent
level of safety.
Several commenters recommended applying helicopter weather minima
requirements of Sec. 91.155(b)(1) instead of the airplane requirements
of Sec. 91.155(b)(2). Commenters such as GAMA argued that, when
determining appropriate weather minima requirements, powered-lift are
more comparable to helicopters than airplanes in their ability to land
immediately if conditions deteriorate, and fly at slow speeds with high
maneuverability. Joby asserted that grouping powered-lift with
helicopters would benefit all air traffic due to the two categories'
similarities in performance and maneuverability. AWPC stated that
restricting powered-lift from utilizing helicopter minima contradicts
the FAA's intent (in Sec. Sec. 91.126 and 91.129) for powered-lift in
vertical-lift flight mode to adhere to helicopter directions of turn
when operating in a traffic pattern. Lilium said that powered-lift are
designed to operate in low-altitude environments for short routes, and
therefore using helicopter VFR minimum weather requirements could
improve airspace congestion by providing the ability to operate at
lower enroute altitudes. Eve suggested that Multi Electric Propulsion
Systems (MEPS) are capable of assuring maneuverability comparable to
helicopters even when deviating from clouds, traffic, and obstacles.
Some commenters contended that applying helicopter weather minima
requirements to powered-lift would provide a higher level of
operational safety.
CAE, Joby, and NBAA contended that many powered-lift will cruise at
speeds lower than the fastest helicopters, which are subject to less
restrictive minima than those proposed in the NPRM. These commenters
also justified imposing less restrictive weather minima requirements
for powered-lift due to similar qualities as helicopters by referencing
excerpts from the NPRM.
AIR VEV disagreed with the FAA's assertion that powered-lift in
cruise operations, ``perform similar to an airplane, operating at high
speeds and possibly without the ability to maneuver as quickly as a
helicopter.'' AIR VEV said this statement is not true for the powered-
lift it is manufacturing.
AWPC suggested the Bell-Boeing V-22 Osprey provides a precedent for
applying lower weather minima requirements to turbine-powered tiltrotor
aircraft.
Commenters also highlighted certain enhanced safety features of
powered-lift as justification for reducing the proposed weather minima
requirements. Joby said that most powered-lift will use advanced flight
control systems with advanced means of flight stabilization, flight
augmentation, and envelope protection to allow for much safer flight in
situations with reduced visibility by minimizing loss of control during
unintentional flight into IMC.
Lilium, Joby, and AIR VEV suggested that the FAA could establish
special allowances for VFR weather minima based on characteristics of
each individual powered-lift and the type of operation being conducted.
Lilium said this approach would be consistent with ICAO Doc.
10103.\387\
---------------------------------------------------------------------------
\387\ Guidance on the Implementation of ICAO Standards and
Recommended Practices for Tilt-rotors (10103), International Civil
Aviation Organization (2019), is available for purchase in the ICAO
Store.
---------------------------------------------------------------------------
The FAA has reconsidered its position regarding Sec. 91.155 and
Sec. 91.157. The FAA agrees with the commenters that weather minima
are based on aircraft speed and maneuverability. Helicopters operate at
lower speeds and are capable of greater maneuverability than other
aircraft. This allows pilots to see and avoid other air traffic or
obstructions in time to prevent a collision. Powered-lift have
equivalent maneuvering capabilities to helicopters when operating in
vertical-lift flight mode. For this reason, the FAA agrees there should
be no adverse effect on safety for powered-lift operating in the
vertical-lift flight mode to utilize the same VFR weather minima as
helicopters.
Therefore, the FAA will incorporate a change from the visibility
minimums in proposed Sec. 194.302(k) by allowing powered-lift
operating in the vertical-lift flight mode to comply with the
helicopter visibility minimums prescribed in Sec. 91.155(a) and
(b)(1). In addition, the helicopter exceptions of Sec. 91.157(b)(3),
(b)(4), and (c) will also be applicable to powered-lift when operating
in the vertical-lift flight mode. Powered-lift seeking to use the
helicopter visibility minimums must be operated at a speed that allows
the pilot enough time to see and avoid any other air traffic or any
obstructions in time to avoid a collision. A powered-lift which cannot
be operated at a speed that allows the pilot enough time to see and
avoid any other air traffic or any obstructions to avoid a collision,
regardless of the mode of flight, must comply with the airplane
visibility minimums prescribed in Sec. 91.155(a) and (b)(2) and are
not authorized to use the helicopter exceptions of Sec. 91.157(b)(3),
(b)(4), and (c). Therefore, the new SFAR provision related to Sec.
91.155(a) is adopted at Sec. 194.302(m), and the new SFAR provision
related to Sec. 91.155(b)(1) is adopted at Sec. 194.302(n). The
proposed Sec. 194.302(k), pertaining to Sec. 91.155(b)(2), is being
adopted as amended at Sec. 194.302(o). Finally, the new SFAR provision
related to Sec. 91.157(b)(3), (b)(4), and (c) is adopted at Sec.
194.302(p).
Sections 91.167 and 91.169 prescribe certain operational
requirements for IFR flight. The FAA received numerous comments related
to performance-based changes proposed for both rules. Because both
sections relate to IFR operations, the FAA proposes changes that are
similar in nature, whereby a powered-lift may be operated using
helicopter minimums, provided the powered-lift is authorized to conduct
Copter Procedures, defined in part 97, and is continuously capable of
conducting a landing in the vertical-lift flight mode along the entire
route of flight, as outlined in the response to Sec. 91.169(b) and (c)
of this section. These changes are described in greater detail in the
following paragraphs.
Section 91.167 prescribes the fuel requirements for flight in IFR
conditions. Under Sec. 91.167, helicopter operations are permitted
with lower fuel minima. Section 91.167(a)(3) requires aircraft, other
than helicopters, to carry a 45-minute fuel reserve and helicopters to
carry a 30-minute fuel reserve. The FAA proposed that powered-lift
should initially have a 45-minute fuel reserve, consistent with other
aircraft requirements.
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
[[Page 92407]]
be at least 3 statute miles, the fuel reserve necessary to fly to the
alternate airport is not required. The FAA did not propose changes to
the current applicability of Sec. 91.167(b)(2)(i), which would require
powered-lift to comply with the requirements imposed on aircraft other
than helicopters, to ensure an appropriate level of risk mitigation for
these new-entrant aircraft. An anonymous commenter agreed with the FAA
proposal to retain the IFR fuel requirements for aircraft other than
helicopters, as prescribed in Sec. 91.167(a) and (b) as proposed in
the NPRM.\388\
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\388\ See 88 FR 38946 at 39029-39030 (June 14, 2023).
---------------------------------------------------------------------------
Several commenters proposed that the FAA should revise the SFAR to
allow powered-lift to comply with the helicopter fuel requirements.
Joby stated the FAA should amend the part 194 requirements that specify
fuel reserves for powered-lift to align with today's requirements for
helicopters. Bristow believed imposing fixed wing aircraft fuel
minimums is overly restrictive, offering no additional safety benefits
over the helicopter fuel minimums. Bristow argued that the FAA should
apply the minimum fuel reserve requirements associated with helicopters
to operations by powered-lift. However, Bristow also believed that a
more nuanced approach to fuel reserve minimums, based on mission-type
and duration, is both possible and desirable.
In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and Vertical
Flight Society (VFS) collectively stated that the FAA failed to
consider powered-lift characteristics and operating environment by
unilaterally applying airplane fuel reserves to all powered-lift. The
group comment argued that the FAA should consider the capabilities of
powered-lift and apply ICAO Document 10103 to its assessment of
operational rules. In the alternative, the group comment suggested that
the FAA should provide a pathway for an operator or manufacturer to
seek approval or authorization to adopt the alternate rule.
Ten commenters proposed that the FAA should revise Sec. 91.167 to
be a performance-based standard for powered-lift.
Archer urged the FAA to provide a path to performance-based fuel
reserves and reconsider the proposal that it believes arbitrarily
assigns airplane fuel reserve regulations to an aircraft capable of
vertical operations. Archer also argued that the FAA should follow the
safe, long-standing precedent of part 121 Performance Based Contingency
Fuel (PBCF) Operations Specifications and enable a data-driven approach
to recognizing aircraft-specific capabilities and actual operational
performance to assure safety and avoid unnecessary and arbitrary
limitations on vehicles with restricted range.
CAE stated the FAA failed to consider powered-lift characteristics
and operating environment in unilaterally applying airplane fuel
reserves to all powered-lift. CAE argued that the FAA should consider
the performance-based capabilities of these powered-lift when
determining fuel reserves.
Eve recommended that fuel/energy reserves should be built on
performance-based capabilities of the powered-lift and allow the
reduction of fuel/energy reserves based on a risk assessment by
considering proper and safety dispatch criteria (flight planning) and
other operational aspects.
AWPC disagreed with the FAA's decision to apply airplane fuel
reserves for powered-lift, arguing that the proposed VFR and IFR fuel
reserve requirements are prohibitive and fail to account for specific
powered-lift performance capabilities. AWPC argued that powered-lift
capable of VTOL and powered-lift authorized to utilize copter
procedures should be allowed to use helicopter VFR fuel reserves. AWPC
argued that this recommendation aligns with ICAO Document 10103.
Lilium recommended that the FAA should adopt a flexible approach
for establishing energy requirements for powered-lift. Lilium argued
that adding language such as ``as determined by the Administrator''
would permit future operators to use performance-based reserve
solutions. Alternatively, Lilium suggested that the FAA adopt a 20-
minute helicopter prescriptive reserve, considering the enhanced safety
features of powered-lift.
BETA recommended the FAA add an option for use of a performance-
based reserve that can be determined based on the capability of the
aircraft and the intended flight plan.
Supernal argued that the FAA should revise the existing fuel
reserve requirement to a performance-based standard for powered-lift to
maintain an equivalent level of safety.
The Vertical Flight Society/American Helicopter Society
International, Inc. urged the FAA set performance-based reserves
requirements for powered-lift that reflect their operational intent and
capabilities, arguing that such an approach would be consistent with
ICAO Document 10103.
In a group comment, NBAA, AUVSI, National Air Transportation
Association, AIA, Vertical Flight Society, and Helicopter Association
International collectively encouraged the FAA to consider the language
in the Advanced Aviation Act when developing the final rule for this
SFAR, including performance-based requirements for energy reserves and
other range- and endurance-related requirements that reflect the
capabilities and intended operations of the aircraft.
L3Harris Commercial Aviation Solutions and L3Harris Commercial
Training Solutions stated that there should be performance-based
limitations based on a risk mitigation assessment considering energy
consumption data, energy planning, alternate landing sites, and
inflight energy management.
After reviewing the comments, the FAA has reconsidered its position
regarding Sec. 91.167. In the final rule, the FAA will allow powered-
lift to utilize the IFR fuel requirements established for helicopters.
As the commenters suggest, when a powered-lift is operating similarly
to a helicopter, powered-lift should be required to only carry the fuel
reserves of a helicopter. The FAA agrees that powered-lift authorized
to conduct copter procedures and that have the performance capability,
as provided in the AFM, for the entire flight to conduct a landing in
the vertical-lift flight mode may comply with the IFR fuel requirements
established for helicopters.
Furthermore, during aircraft certification, the FAA will assess the
aircraft's stability, system, and equipage for IFR operations. A
powered-lift that does not possess these capabilities may still be
certificated for IFR but will be prohibited from performing copter
procedures and have a limitation in the AFM to that effect. Powered-
lift with such a limitation would not be authorized to use the IFR fuel
requirements for helicopters and would be required to use the IFR
alternate airport minimums specified for airplanes.
This provision will not prevent a powered-lift from operating in
wing-borne flight mode but will require the powered-lift to have the
performance capability, as detailed in the AFM, to conduct a landing in
vertical-lift flight mode along the entire route of flight. Therefore,
the FAA agrees with the commenters that, provided the powered-lift is
continuously capable of conducting a landing in the vertical-lift
flight mode along the entire route of flight, there is no adverse
effect on safety to allow powered-lift to utilize helicopter IFR fuel
requirements in accordance with Sec. 91.167(a)(3) and (b)(2)(ii).
Therefore, a person operating a powered-lift will have the option
to use
[[Page 92408]]
the helicopter fuel requirements under Sec. 91.167(a)(3) and
(b)(2)(ii) when the aircraft is authorized to conduct copter procedures
and has the performance capability, as provided in the AFM, to always
conduct a landing in the vertical-lift flight mode along the entire
flight. When taking into consideration the performance capability, a
person operating a powered-lift must consider the energy required to
successfully complete a descent from the altitude they plan to use, any
required instrument or visual procedure, and any landing performance
data contained in the AFM that enables a landing in the vertical-lift
flight mode. There may be performance requirements or limitations
contained in the AFM, or in any approved Minimum Equipment List (MEL),
that would prevent a powered-lift from conducting a landing in the
vertical-lift flight mode, such as a landing weight limitation or a
deferred maintenance item, thereby requiring a person to use the 45
minutes of reserve fuel. This requirement is adopted as Sec.
194.302(q).
Section 91.169 prescribes the information required for filing an
IFR flight plan. Under Sec. 91.169, 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 FAA reasoned that, while powered-lift have a range of performance
characteristics, the majority of powered-lift flight time will be
during cruise operations and therefore proposed that powered-lift
comply with the provisions of Sec. 91.169(b)(2)(i) and (c)(1)(i) as
written for aircraft other than helicopters.
Four operators provided comments related to Sec. 91.169. Archer
asserted that the FAA should evaluate the operational capabilities of
each powered-lift through the type certification process before
deciding which operational rules are appropriate. Archer pointed out
that powered-lift that share the key operating capabilities that enable
helicopters to safely operate at lower altitudes and reduced weather
minima should be subject to the same operating rules. Archer
recommended the FAA replace category-based operational rules regarding
visibility minimums in favor of type-specific rules informed by the
type certification and FSB process, similar to that proposed in the
NPRM for airworthiness evaluation and eligibility for Copter
Procedures.
AWPC argued that certain powered-lift, such as their AW609
Tiltrotor, are capable of VTOL, like helicopters, during takeoff and
landing. AWPC contended that IFR weather reporting requirements/IFR
alternate airport weather minima should be performance-based due to the
VTOL capability.
Lilium asserted that the safe use of helicopter flight rules for
powered-lift can be evaluated during aircraft certification and/or the
type rating evaluation process and urged the FAA to adopt a similar
comprehensive and risk-based approach as suggested for altitude
requirements to evaluate the capabilities and performance of each
individual powered-lift to safely operate under helicopter IFR. Lilium
also asserted that the FAA's proposal is inconsistent with the way
other countries regulate powered-lift.
GAMA generally stated that the FAA should adopt performance-based
regulations for powered-lift that take into consideration the diverse
capabilities of such aircraft. GAMA also suggested that the FAA follow
the approach recommended in ICAO Document 10103.
After reviewing the comments, the FAA has reconsidered its position
regarding the proposal to apply Sec. 91.169(b)(2)(i) and (c)(1)(i) to
powered-lift. Similar to Sec. 91.167, the FAA will now allow powered-
lift that are authorized to conduct copter procedures and that have the
performance capability to land in the vertical-lift flight mode, as
provided in the AFM, to use the helicopter provisions specified in
Sec. 91.169(b)(2)(ii) and (c)(1)(ii) for helicopters. This provision
can be found in Sec. 194.302(r).
The FAA agrees with Archer, Lilium, and GAMA that some degree of a
performance-based rule is appropriate. As discussed above in the Sec.
91.167 section, during aircraft certification, the FAA will assess the
aircraft's capabilities and characteristics for IFR operations. A
powered-lift that does not possess the appropriate characteristics may
still be certificated for IFR but will be prohibited from performing
copter procedures and have a limitation inserted into the AFM to that
effect.
As recommended by AWPC, and as discussed in the Sec. 91.167
section, when taking into consideration the performance capability, a
person operating a powered-lift must consider any landing performance
data contained in the AFM that enables a landing in the vertical-lift
flight mode. Requirements or limitations outlined in the AFM may
require a person to use the IFR alternate airport minimums specified
for airplanes. For the foregoing reasons, the FAA is adopting a
performance-based rule for Sec. 91.169, as outlined in Sec.
194.302(r).
Section 91.175 governs takeoff and landing under IFR. Sections
91.175(f)(2)(i) and (ii) apply to powered-lift as-written because those
paragraphs are applicable to all aircraft. Therefore, these provisions
are not included in Sec. 194.302, as they already apply to powered-
lift.
Section 91.175(f)(2)(iii) governs takeoff and landing under IFR for
helicopters. In the NPRM, the FAA did not address Sec.
91.175(f)(2)(iii) because it is helicopter specific, and the FAA
asserted Sec. 91.175(f)(2)(i) and (ii) were sufficient because they
apply to aircraft, including powered-lift. However, in response to
comments received and discussed below, the FAA will permit some
powered-lift to use the \1/2\ statute mile visibility stipulated for
helicopters in Sec. 91.175(f)(2)(iii).
Section 91.175(f)(4)(i) requires airplanes operating under parts
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 proposed in Sec.
194.302(l) that any powered-lift that would be required to comply with
the provisions of subpart I of part 135 (Airplane Performance Operating
Limitations) must also comply with Sec. 91.175(f)(4)(i). The takeoff
limitations of subpart I of part 135, and therefore the provisions of
Sec. 91.175(f)(4)(i), are only applicable to certain powered-lift that
are required to comply with subpart I. As discussed in section VI.D.6.
of this preamble, subpart I of part 135 will only apply to those
powered-lift that are designated as ``large or transport category''
during type certification. The FAA did not receive any comments
specific to Sec. 91.175(f)(4), which was proposed as Sec. 194.302(l).
However, the FAA received three comments specific to the takeoff
visibility requirements of Sec. 91.175(f)(2).
AWPC did not agree with the FAA's proposal in the SFAR to apply
blanket airplane requirements to powered-lift without any performance-
based relief. AWPC urged the FAA to take a tailored approach for this
rule utilizing performance-based requirements instead of applying
airplane rules to all powered-lift.
Lilium noted that the safe use of helicopter flight rules for
powered-lift can be evaluated during aircraft certification and/or the
type rating evaluation process. Lilium urged the FAA to adopt a similar
comprehensive and risk-based approach as suggested for altitude
requirements, to evaluate the capabilities and performance of each
individual powered-lift to safely operate under helicopter IFR.
GAMA recommended the FAA follow ICAO Document 10103 and apply the
[[Page 92409]]
helicopter requirements for this rule to powered-lift.
AWPC expressed their understanding that the lower takeoff
visibility minimums for helicopters are based on lower speeds,
maneuvering characteristics, and the ability to comply with copter
procedures under part 97.
In response to the comments received, the FAA evaluated the
feasibility of allowing a powered-lift to use the helicopter visibility
takeoff minimums stipulated in Sec. 91.175(f)(2)(iii). When Sec.
91.175(f) was drafted in 1985, the rationale used for a lower takeoff
minimum for helicopters was that they are highly maneuverable and
capable of sustaining flight at lower airspeeds. The NPRM also
mentioned that, due to the unique flight capabilities of helicopters,
they can safely maneuver in lower takeoff visibility conditions.\389\
---------------------------------------------------------------------------
\389\ Rotorcraft Regulatory Review Program Notice No. 5, NPRM,
50 FR 10144, 10157 (Mar. 13, 1985).
---------------------------------------------------------------------------
The FAA agrees with AWPC's statement that powered-lift benefit from
being highly maneuverable and capable of sustaining flight at lower
airspeeds and will make a change in the final rule for those powered-
lift conducting a vertical take-off. However, the FAA does not believe
providing all powered-lift broad authorization to use helicopter take-
off minimums would be in the best interest of aviation safety.
Therefore, the FAA will prohibit those powered-lift having two engines
or less that do not have the capability to use copter procedures from
conducting an IFR takeoff using the \1/2\ mile visibility minimum. The
capability to use copter procedures will be identified in the
limitations section of the AFM.
In response to the comments received from AWPC and GAMA, the FAA is
adopting a change in the final rule for IFR takeoff minimums for
powered-lift. In this final rule, the FAA will allow powered-lift that
have two engines or less to use the helicopter minimums of \1/2\ mile
providing the powered-lift conducts their takeoff vertically and are
authorized to use copter procedures. This provision is adopted in Sec.
194.302(s). In addition, the FAA is adopting Sec. 194.302(l) as
proposed, though due to renumbering, it is now Sec. 194.302(t).
2. Equipment, Instrument, and Certificate Requirements
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 in Sec. 91.205 or FAA-approved
equivalents. For powered-lift that meet the definition of small
aircraft in Sec. 1.1, the FAA proposed in Sec. 194.302(m) that the
position and anti-collision lights meet the requirement set forth in
Sec. 23.2530(b). The FAA proposed that this requirement should apply
to small powered-lift to provide 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.
The FAA also proposed in Sec. 194.302(m) that small powered-lift
should meet the Sec. 91.205(b)(14) requirement for installing an
approved shoulder harness or restraint system for all seats to provide
an equivalent level of safety to small airplanes.
The FAA did not receive any comments on the proposals for small
powered-lift in Sec. 194.302(m). The FAA is therefore adopting Sec.
194.302(m) as proposed, though due to renumbering, it is being adopted
as Sec. 194.302(u).
Section 91.205(d) prescribes instruments and equipment requirements
for IFR flight. Under Sec. 91.205(d)(3), an aircraft must have a
gyroscopic rate-of-turn indicator installed, 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 proposed in Sec. 194.302(n) that
all powered-lift approved for IFR during type certification would be
required to comply with the airplane provisions in Sec.
91.205(d)(3)(i) for IFR flight, which requires 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 received three comments on Sec. 194.302(n).
Airbus, GAMA, and Joby requested that the FAA provide relief to the
requirement that powered-lift have either a gyroscopic rate-of-turn
indicator or a third attitude instrument system usable through flight
attitudes of 360 degrees of pitch and roll installed in accordance with
Sec. 91.205(d)(3)(i). The commenters asserted that this regulation may
not be compatible with aircraft designed with advanced flight control
systems.
The FAA considered the comments from Airbus, GAMA, and Joby and
their requests for relief from the proposed requirement. Section 91.205
already includes flexibility for operators, as it allows for FAA-
approved equivalents to the instruments and equipment specified in
Sec. 91.205. Section 91.205(a) contains the phrase ``or FAA-approved
equivalents.'' This phrase provides the flexibility necessary to
consider other types of aircraft systems not specifically included in
Sec. 91.205 paragraphs (b) through (f); therefore, the FAA determined
no additional regulatory revisions are required. The FAA is therefore
adopting Sec. 194.302(n) as proposed, though due to renumbering, it is
being adopted as Sec. 194.302(v).
Section 91.207 requires an emergency locator transmitter (ELT) for
airplane operations to facilitate search and rescue efforts in locating
downed aircraft. The FAA proposed applying Sec. 91.207 to powered-lift
in Sec. 194.302(o). The FAA received two comments related to the
proposed Sec. 194.302(o).
ALPA expressed support of Sec. 194.302(o), which requires all
powered-lift to comply with Sec. 91.207 and be equipped with an ELT.
Joby, however, argued that mandating ELTs would increase cost and
decrease payload capacity without providing an increase in operational
safety. Joby suggested there are suitable alternatives to ELTs such as
ADS-B, personal locator beacons, personal satellite trackers, and
mobile phones.
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 little civil
operational history. The FAA noted in the ADS-B final rule that the
ADS-B system cannot replace the ELT function since the ADS-B system is
not required to be crashworthy nor is the ADS-B system integrated with
the satellite-based search and rescue system (SARSAT) and, thus, may
not be operable or able to transmit following an aircraft accident.
Similarly, the FAA does not consider personal locator beacons, personal
satellite trackers, and mobile phones as a suitable replacement for an
ELT as these devices do not meet the requirements for new installation
specified in Sec. 91.207, nor the minimum operational performance
standards (MOPS) for ELTs. Accordingly, the FAA is adopting Sec.
194.302(o) as proposed, though due to renumbering it is being adopted
as Sec. 194.302(w).
[[Page 92410]]
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(a) requires that
no person may takeoff an aircraft with inoperative instruments or
equipment installed. This applies to powered-lift. Section 91.213(d)
provides specific relief for an aircraft without an approved MEL;
however, powered-lift is not included in the aircraft eligible for the
exception in Sec. 91.213(d)(1). The FAA did not propose to include
powered-lift in the exceptions set forth in Sec. 91.213(d). The FAA
did not receive any comments on this and will therefore not apply Sec.
91.213(d) to powered-lift.
Section 91.215(b) states that no person may operate an aircraft in
the airspace described in Sec. 91.215(b)(1) through (5) unless that
aircraft is equipped with an operable coded radar beacon transponder.
The FAA anticipates that, while all new entrant powered-lift will have
a substantial electrical system, some powered-lift may be powered by
batteries, rather than an engine. Sections 91.215(b)(3) and (5) allow
aircraft to operate without a transponder if the aircraft was
certificated without an engine-driven electrical system. The FAA
proposed in Sec. 194.305 that the exceptions outlined in Sec.
91.215(b)(3) and (5) for ``aircraft'' not apply to powered-lift. The
effect of the proposal is that all powered-lift must be equipped with
an operable coded radar beacon transponder as required in Sec.
91.215(b)(1), (2), and (4). The FAA did not receive any comments
related to the proposed Sec. 194.305. The FAA determined that adding
``Notwithstanding Sec. 194.301,'' to the beginning of Sec. 194.304
helps to clarify that the aircraft provisions under Sec. 91.215(b)(3)
and (5) do not apply to powered-lift even though, generally, any
aircraft provisions in part 91 already apply to powered-lift. As such,
as a result of renumbering, the FAA adopts Sec. 194.304 as proposed.
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. The FAA proposed in Sec.
194.302(p) that all powered-lift comply with the altitude alerting
requirements under Sec. 91.219. The FAA received one comment on the
proposed Sec. 194.302(p) from EASA, requesting more details as to how
the FAA decided that all new powered-lift entrants would be considered
``high performant.''
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, rather than just those powered-lift that are
powered by turbines. 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. As such, the FAA is generally taking the more
conservative approach and requiring that certain operating regulations
apply to all powered-lift, regardless of powerplant. There are,
however, some instances where the FAA proposed to apply certain
regulations based on the type of powerplant. Such regulations are
tailored based on the type of powerplant because those regulations
contain factors other than performance to 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 in this preamble why it
decided to retain the powerplant reference.
EASA requested more details as to how the FAA decided that all new
powered-lift entrants would be considered ``high performant.'' In
formulating the discussion surrounding use of altitude alerting
equipment, the FAA identified that some powered-lift may have high
performance capabilities which warrant the use of such equipment.
Because powered-lift capabilities are not yet fully known, the most
conservative approach is to require this equipment. The FAA received no
negative comments and will adopt the proposed Sec. 194.302(p) as
final, though due to renumbering it is being adopted as Sec.
194.302(x).
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). The FAA proposed
in Sec. 194.302(q) that all powered-lift, regardless of powerplant
type, with 6 or more seats must be equipped with an HTAWS system that
meets the Technical Standard Order (TSO) C194 or an FAA-approved TAWS
A/HTAWS hybrid system. In addition, the FAA proposed in Sec.
194.302(q) that powered-lift must 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 flightcrew
reactions in response to a TAWS activation.
The FAA received one comment from ALPA related to the proposed
Sec. 194.302(q). ALPA stated that all powered-lift (regardless of
seating capacity) must be equipped with TAWS or HTAWS as applicable, an
Aircraft Collision Avoidance System (ACAS), and a CVR and FDR. ALPA
recommended that when HTAWS is required for traditional helicopter
operations, it should also be required for similar powered-lift
operations regardless of seat capacity, to ensure the highest level of
safety in this novel aircraft type and its operations.
The FAA has considered ALPA's recommendation for TAWS/HTAWS to be
required for all powered-lift regardless of seating capacity. The FAA
is adopting the rule as proposed in the NPRM. The FAA has previously
determined that a TAWS requirement is appropriate for only those
turbine-powered airplanes with 6 or more passenger seats, excluding any
pilot seat. For consistency with previous rulemaking, the FAA is
requiring all powered-lift, regardless of powerplant, with six or more
passenger seats, excluding any pilot seat, to meet a similar terrain
awareness equipment requirement. Because powered-lift are capable of
flight in vertical mode and have been granted some of the same
operating privileges as rotorcraft, the terrain awareness equipment
must meet either HTAWS or hybrid A/HTAWS specifications, to comply with
Sec. 91.223(a). The costs imposed on operators and individuals
required to comply with 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.
Moreover, the FAA has determined that requiring this equipment for all
powered-lift regardless of the seating capacity is not warranted at
this time because the FAA does not have the data to support requiring
TAWS/HTAWS to be installed on powered-lift with less than six passenger
seats. As such, requiring powered-lift to comply with TAWS/HTAWS
regardless of seating capacity is not consistent with current
regulations. The FAA is therefore adopting Sec. 194.302(q) as
proposed, though due to renumbering it is being adopted as Sec.
194.302(y).
3. Incorporation by Reference
Incorporation by reference (IBR) is a mechanism that allows Federal
agencies
[[Page 92411]]
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.\390\ Material that is incorporated by
reference has the same legal status as if it were published in full in
the Federal Register and the CFR. 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.
---------------------------------------------------------------------------
\390\ 5 U.S.C. 552(a).
---------------------------------------------------------------------------
The standards referenced in Sec. Sec. 194.109, 194.302, and
194.306 of this rule are 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. In accordance with 5 U.S.C. 552(a) and 1 CFR
part 51,\391\ all approved materials are available for inspection at
the FAA's Office of Rulemaking, 800 Independence Avenue SW, Washington,
DC 20591 (telephone (202) 267-9677). This material is also available
from the sources indicated in paragraphs (a) and (b) of Sec. 194.109
and as follows:
---------------------------------------------------------------------------
\391\ 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(b)(2) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the final 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.
---------------------------------------------------------------------------
1. Copies of Technical Standard Order (TSO)-C194, Helicopter
Terrain Awareness and Warning System (Dec. 17, 2008) 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.'' This TSO contains the minimum performance standards the
helicopter terrain awareness and warning system must meet for approval
and identification with the TSO marking.
2. Copies of 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) may be obtained from RTCA, Inc.,
1150 18th St NW, Suite 910, Washington, DC 20036; telephone (202) 833-
9339; website: www.rtca.org/products. Section 2 of RTCA DO-309 contains
the equipment performance requirements and test procedures for
Helicopter Terrain Awareness and Warning Systems.
4. Special Flight Operations
Section 91.313 prescribes operating limitations for restricted
category civil aircraft. Section 91.313(a) through (e) apply to all
restricted category aircraft, including powered-lift. Section 91.313(f)
relates to operations under part 133, which powered-lift are not
currently authorized to conduct. 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 proposed in
Sec. 194.302(r) that restricted category small powered-lift must have
an approved shoulder harness or restraint system for all seats
installed to provide an adequate level of safety for powered-lift
operations. The FAA did not receive any comments on this proposal and
therefore adopts Sec. 194.302(r) as proposed, though due to
renumbering it is being adopted as Sec. 194.302(z).
5. Maintenance, Preventive Maintenance, and Alterations
Section 91.409 prescribes inspection programs to ensure that the
aircraft is airworthy. Sections 91.409(a) and (b) require annual and
100-hour inspections, or optionally a progressive inspection program
under paragraph (d) for aircraft that do not fall under the exceptions
provided in paragraph (c).\392\ Section 91.409(e) through (h) set forth
inspection program options and requirements for larger aircraft and
aircraft with more complex aircraft systems which are more stringent
than those provided under Sec. 91.409(a), (b), and (d). Because
paragraphs (e) through (h) apply to more complex aircraft, the FAA
proposed in Sec. 194.302(s) that these paragraphs should apply to
technically advanced powered-lift (TAPL), which is 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. The FAA
proposed requiring certain minimum display elements for both a PFD and
MFD, clarifying what will be considered a PFD or MFD. Powered-lift that
are not considered technically advanced under the definition used for
compliance with Sec. 91.409 within this SFAR and are not maintained
under a CAMP under Sec. 135.411(a)(2) must continue to comply with
Sec. 91.409(a), (b), and (d) because those provisions apply to
``aircraft.''
---------------------------------------------------------------------------
\392\ Section 91.409 does not apply to an aircraft that is
maintained under a Continuous Airworthiness Maintenance Program
(CAMP), such as under Sec. 135.411(a)(2).
---------------------------------------------------------------------------
The FAA received four comments related to Sec. 91.409 and proposed
Sec. 194.302(s).
AUVSI expressed concern with the FAA's approach to TAPL. AUVSI also
argued that the proposal is inconsistent with the flightcrew interface
requirements that have been proposed as airworthiness standards/
criteria for both the Joby JAS4-1 and the Archer Model M001 powered-
lift. AUVSI noted that Sec. 194.302(s) imposes a design requirement
and that such requirements should not be implemented through
operational rules.
CAE recommended the determination of TAPL be delegated to the
Aircraft Certification Offices (ACO), Aircraft Evaluation Division
(AED), or Flight Standardization Board (FSB) assigned to a specific
aircraft certification project, rather than to individual FSDOs. CAE
emphasized that the TAPL determination should be made based on the
aircraft and equipment combination, not individual operator policies or
procedures.
In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS
collectively stated that the determination of TAPL should be delegated
to the ACO, AED, or FSB assigned to a specific aircraft certification
project, not to individual FSDOs.
An individual commented that the FAA should provide more guidance
on maintenance and inspection requirements in the final rule, including
specific maintenance standards or procedures and the frequency of
inspections for powered-lift. This individual commenter asked for
clarification on how maintenance, inspection, and minimum equipment
requirements would differ from existing requirements for airplanes and
helicopters.
The FAA agrees with the commenters who recommended that the
determination of a TAPL should not rest with individual field offices.
The rule determines whether a powered-lift constitutes a TAPL because
it outlines the required criteria.
However, the FAA disagrees with AUVSI about the proposed Sec.
194.302(s). The definition of TAPL is intended to allow the FAA to
distinguish between complex and less complex powered-lift and thereby
determine which inspection program applies. The TAPL definition is
[[Page 92412]]
not an indirect imposition of design requirements via operational
rules.
Finally, in response to the commenter who requested more details on
maintenance and inspection requirements, the FAA notes that, unless
otherwise specified by part 194, powered-lift must continue to comply
with rules applicable to all aircraft in part 43 of this chapter as
well as any applicable maintenance and inspection requirements under
parts 91 and 135 of this chapter.
The FAA adopts Sec. 194.302(s) as proposed, though due to
renumbering, it is being adopted as Sec. 194.302(aa).
Section 91.411 prescribes the requirements for altimeter system and
altitude reporting equipment tests and inspections. The FAA proposed in
Sec. 194.302(t) to apply Sec. 91.411 to powered-lift, as it currently
applies to both airplanes and helicopters, without differentiation. The
FAA did not receive any comments on the proposed Sec. 194.302(t) and
therefore adopts the proposed Sec. 194.302(t) as final, though due to
renumbering, it is being adopted as Sec. 194.302(bb).
6. Large and Turbine-Powered Multiengine Airplanes and Fractional
Ownership Program Aircraft
Section 91.501 prescribes operating rules governing the operation
of large airplanes of U.S. registry, turbojet-powered multiengine civil
airplanes of U.S. registry, and fractional ownership program aircraft
of U.S. registry that are operating under subpart K of part 91 in
operations not involving common carriage.
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. The FAA proposed 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. The FAA received no comments on the proposed Sec.
194.302(u). Though the proposal will not substantively change, the FAA
determined that further clarification is necessary in the subpart F
applicability section under Sec. 194.302(cc). First, the FAA is
clarifying under Sec. 194.302(cc) that part 91, subpart F applies to
powered-lift operating under subpart K of part 91 (``Fractional
Ownership Operations'').\393\ The current Sec. 91.501 already states
that subpart F applies to fractional ownership program aircraft, but
the FAA determined that expressly stating this in the SFAR regulatory
text will help clarify the applicability of subpart F. Second, the FAA
has clarified that any sections or paragraphs within sections that
refer to a specific category of aircraft, such as airplanes or
helicopters, and that are not outlined in the SFAR tables to Sec.
194.302 or Sec. 194.306, do not apply to powered-lift. Any regulatory
reference to a category of aircraft that is intended to apply to
powered-lift will be included in the SFAR tables. As such, the FAA
adopts Sec. 194.302(u) as final, though due to renumbering, it is
being adopted as Sec. 194.302(cc).
---------------------------------------------------------------------------
\393\ As discussed in the NPRM, subpart K of part 91 allows for
fractional owners and their respective management company to share
operational control of an aircraft. This subpart details certain
operational considerations pertaining to fractional ownership
programs to include safety standards for pilot training and
qualifications. In the NPRM, the FAA discussed how the current
regulatory framework as well as proposed amendments would be
applicable to fractional ownership programs utilizing powered-lift.
See 88 FR 39020, 39038.
---------------------------------------------------------------------------
Section 91.503 describes required flying equipment and operating
information for airplanes under subpart F of part 91. The FAA proposed
in Sec. 194.302(v) that this section apply to large powered-lift
because the FAA anticipates that powered-lift will be used in
passenger-carrying operations highly similar to airplanes. The FAA
received no comments on the proposed Sec. 194.302(v) and therefore
adopts Sec. 194.302(v) as final, though due to renumbering, it is
being adopted as Sec. 194.302(dd).
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. 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 proposed in Sec. 194.302(w) that Sec. 91.505 apply
to large powered-lift because, as stated previously, the FAA expects
powered-lift to be used in passenger-carrying operations similar to
airplanes. The FAA received no comments and therefore adopts Sec.
194.302(w) as proposed, though due to renumbering it is being adopted
as Sec. 194.302(ee).
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. The FAA
proposed in Sec. 194.302(x) that large powered-lift must comply with
the equipment requirements in this section. The FAA received no
comments on the proposed Sec. 194.302(x) and therefore adopts it as
final, though due to renumbering, it is being adopted as Sec.
194.302(ff).
Section 91.509(a) requires a life preserver or an approved
flotation means for each occupant of an airplane. The FAA proposed in
Sec. 194.302(y) that powered-lift meet the requirements of Sec.
91.509(a). The FAA received no comments on this proposal.
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. The FAA determined that the vertical
landing capability of powered-lift should be considered in evaluating
the applicability of this rule. Therefore, the FAA proposed in Sec.
194.302(y)(1) to also apply the definition of extended over-water
operations for helicopters to powered-lift. The FAA received no
comments to this proposal.
Section 91.509(b)(5) specifically requires a lifeline to be stowed
in accordance with Sec. 25.1411(g). 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 proposed 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. The FAA received no comments to Sec.
194.302(y)(2). As a result of the foregoing, the FAA adopts Sec.
194.302(y) as final, but as a result of renumbering, it is now Sec.
194.302(gg).
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
[[Page 92413]]
Sec. 91.511. The FAA proposed in Sec. 194.302(z) to require large
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. The FAA received no
comments on proposed Sec. 194.302(z) and therefore adopts Sec.
194.302(z) as final, though due to renumbering it is being adopted as
Sec. 194.302(hh).
Section 91.513 describes requirements for emergency equipment for
airplanes, such as fire extinguishers, first aid kits, and megaphones.
The FAA proposed in Sec. 194.302(aa) to apply the safety standards
required in this section to large powered-lift. The FAA received no
comments on the proposed Sec. 194.302(aa) and therefore adopts Sec.
194.302(aa) as final, though due to renumbering it is being adopted as
Sec. 194.302(ii).
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. The FAA proposed in Sec. 194.302(bb) to
apply the minimum flight altitudes in Sec. 91.515 to large powered-
lift. The FAA received no comments on the proposed Sec. 194.302(bb).
Therefore, the FAA adopts the proposed Sec. 194.302(bb) as final,
though due to renumbering it is being adopted as Sec. 194.302(jj).
Section 91.517 describes passenger information and signage
displaying the use of seatbelts and non-smoking requirements. The FAA
proposed in Sec. 194.302(cc) that large powered-lift comply with the
information and signage display requirements in Sec. 91.517. The FAA
received no comments and is adopting Sec. 194.302(cc) as final, though
due to renumbering it is being adopted as Sec. 194.302(kk).
Section 91.519 describes passenger briefings for the use of
seatbelts and non-smoking requirements. The FAA proposed in Sec.
194.302(dd) that Sec. 91.519 should also apply to large powered-lift
because passenger briefings for seatbelt use and smoking are equally
important for airplane and powered-lift passenger-carrying operations.
The FAA received no comments on Sec. 194.302(dd) and therefore adopts
the proposed Sec. 194.302(dd) as final, though due to renumbering it
is being adopted as Sec. 194.302(ll).
Section 91.521 prescribes the requirements for equipping transport
category airplanes with shoulder harnesses and safety belts. The FAA
proposed in Sec. 194.302(ee) that large powered-lift comply with the
safety equipment requirements for airplanes in this section. The FAA
did not receive any comments on the proposed Sec. 194.302(ee). As
such, the FAA adopts Sec. 194.302(ee) as final, though due to
renumbering, it is being adopted as Sec. 194.302(mm).
Section 91.523 imposes requirements regarding how carry-on baggage
is stored on airplanes with a seating capacity of more than 19
passengers. The FAA proposed in Sec. 194.302(ff) that, should powered-
lift with more than 19 seats 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). The FAA did not receive any comments on the proposed Sec.
194.302(ff) and therefore adopts Sec. 194.302(ff) as final, though due
to renumbering, it is being adopted as Sec. 194.302(nn).
Section 91.525 describes the requirements for the carriage of
cargo. The FAA proposed in Sec. 194.302(gg) that this section should
apply to powered-lift. The FAA received no comments on the proposed
Sec. 194.302(gg) and therefore adopts Sec. 194.302(gg) as final,
though due to renumbering, it is being adopted as Sec. 194.302(oo).
Section 91.527 describes the requirements for operations in icing
conditions. 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 proposed in Sec. 194.302(hh) that the
requirements of Sec. 91.527(a) should apply to all large powered-lift,
including the vertical-lift flight mode lifting devices. The FAA
received no comments on the proposed Sec. 194.302(hh) and therefore
adopts Sec. 194.302(hh) as final, though due to renumbering, it is
being adopted as Sec. 194.302(pp).
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. The FAA proposed 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), pertaining to Sec. 135.227(d),
requires powered-lift seeking certification to operate in known or
forecast light or moderate icing conditions to have procedures for the
use of the ice protection equipment set forth in the AFM. The FAA
received no comments on either the proposed Sec. 194.302(ii) or Sec.
194.308(i). As such, the FAA adopts both Sec. Sec. 194.302(ii) and
194.308(i) as final. However, due to renumbering, Sec. 194.302(ii) is
being adopted as Sec. 194.302(qq) and Sec. 194.308(i) is being
adopted as Sec. 194.306(xx).
Section 91.527(c) prohibits airplane operations into known or
forecast severe icing conditions, except for an airplane that has ice
protection provisions that meet the requirements in section 34 of
Special Federal Aviation Regulation No. 23, or those for transport
category airplane type certification. The FAA did not propose to apply
this regulation to powered-lift operations, explaining that powered-
lift would be prohibited from operating into known or forecast severe
icing conditions. However, upon further review, the FAA determined the
SFAR regulatory text should explicitly address this prohibition. As a
result, the FAA is adding paragraph (rr) within Sec. 194.302, applying
paragraph (c) of Sec. 91.527 to powered-lift that are subject to the
requirements of subpart F of part 91. Section 194.302(rr) states that
no pilot may fly a powered-lift into known or forecast severe icing
conditions. The exceptions outlined in Sec. 91.527(c) (i.e., for
airplanes and transport category airplanes with ice protection
provisions) do not apply to powered-lift. The FAA therefore adopts
Sec. 194.302(rr) as amended, which prohibits powered-lift from flying
into known or forecast icing conditions.
Section 91.529 addresses flight engineer requirements for airplane
operations. The FAA did not propose application of this section to
powered-lift because modern aircraft are not designed to require a
flight engineer.
Section 91.531 describes second-in-command SIC requirements for
airplanes in subpart F. Section 91.531(a) provides that, subject to an
exception in Sec. 91.531(b), no person may operate any airplane that
is type certificated for more than one required pilot, any large
airplane, or any commuter category airplane without a pilot designated
as SIC. The FAA proposed in Sec. 194.302(jj) that paragraphs (a)(1)
and (2) apply to powered-lift. However, the FAA proposed 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 in the
[[Page 92414]]
Federal Aviation Regulations. Section 91.531(b)(1) states that an
airplane certificated for operation with one pilot may be operated
without a pilot designated as SIC. Section 91.531(b)(2) states that a
person may operate a large or turbojet-powered multiengine airplane,
holding a special airworthiness certificate, without an SIC if (1) the
airplane was originally designed with only one pilot station, or (2)
the airplane was originally designed with more than one pilot station,
but single pilot operations were permitted by the AFM or were otherwise
permitted by the U.S. Armed Forces or the armed forces of a Chicago
Convention contracting State. The FAA proposed in Sec. 194.302(jj)
that Sec. 91.531(b)(1) apply to a powered-lift certificated for
operation with one pilot and that (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. The FAA determined that further clarification is
necessary for Sec. 91.531(b)(2) because the current regulation applies
to large and turbojet-powered multiengine airplanes. Though the FAA
explains in the NPRM it will not reference ``multiengine'' or
``turbojet-powered'' for powered-lift in the operational rules,\394\
the SFAR regulatory text should clarify that Sec. 91.531(b)(2) applies
to ``large'' powered-lift. As a result, the FAA is clarifying under
Sec. 194.302(ss) that Sec. 91.531(b)(2) applies to large powered-lift
that meet the additional requirements outlined in Sec. 91.531(b)(2),
which includes subparagraphs (i) and (ii).
---------------------------------------------------------------------------
\394\ See 88 FR 39025 (June 14, 2023).
---------------------------------------------------------------------------
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. The FAA proposed in
Sec. 194.302(jj) that paragraph (c) apply to large powered-lift. The
FAA received no comments on the proposed Sec. 194.302(jj) and
therefore adopts Sec. 194.302(jj) as final, though due to renumbering,
it is being adopted as Sec. 194.302(ss).
Section 91.533 describes flight attendant requirements for
airplanes with more than 19 passengers. The FAA proposed in Sec.
194.302(kk) that this section apply to powered-lift with more than 19
passengers onboard if the powered-lift are certificated for civil
operations during the duration of the SFAR. The FAA received no
comments on the proposed Sec. 194.302(kk) and therefore adopts Sec.
194.302(kk) as final, though due to renumbering, it is being adopted as
Sec. 194.302(tt).
7. Additional Equipment and Operating Requirements for Large and
Transport Category Aircraft
Section 91.603 requires that a transport category airplane be
equipped with an aural speed warning device that complies with Sec.
25.1303(c)(1). The FAA proposed in Sec. 194.302(ll) that this
regulation apply to large powered-lift. As noted in the NPRM, the FAA
also proposed that instead of Sec. 25.1303, the FAA may apply other
airworthiness criteria it finds provide an equivalent level of safety
in accordance with Sec. 21.17(b). The FAA did not receive any comments
on the proposed Sec. 194.302(ll) and therefore adopts Sec.
194.302(ll) as final, though due to renumbering, it is being adopted as
Sec. 194.302(uu).
Section 91.605 prescribes transport category civil airplane weight
limitations. 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 AFM; accordingly, the FAA did 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 takeoff that airplane at a weight
greater than that listed in the Airplane Flight Manual. The FAA
proposed 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 AFM.
Section 91.605(b)(2) stipulates no person operating a turbine-
engine-powered transport category airplane may takeoff 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. The FAA proposed 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--that
have the landing performance information in the AFM.
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 proposed in Sec.
194.302(oo) to apply these requirements to certain large powered-lift.
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 proposed 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 AFM.
The FAA did not receive any comments on proposed Sec. 194.302(mm),
(nn), or (oo). The FAA therefore adopts Sec. 194.302(mm), (nn), and
(oo) as final, though due to renumbering, these sections are being
adopted as Sec. 194.302(vv), (ww), and (xx).
Section 91.609 prescribes the requirements for flight data
recorders (FDR) and cockpit voice recorders (CVR) in large and
transport-category U.S.-registered civil aircraft.\395\ The
requirements are based, in part, on the passenger-seating configuration
of each aircraft. The FAA proposed in Sec. 194.302(pp) that a powered-
lift, based on seating configuration but regardless of the type of
powerplant, must comply with the certification provisions listed in
Sec. 91.609(c)(3), (e)(1), and (i), or with such airworthiness
criteria as the FAA may find provide an equivalent level of safety in
accordance with Sec. 21.17(b). Furthermore, the FAA proposed that
operators of powered-lift must comply with Sec. Sec. 194.312 or
194.313 in lieu of the appendices referenced in Sec. 91.609(c)(1).
---------------------------------------------------------------------------
\395\ The FAA notes that it published a Notice of Proposed
Rulemaking pertaining to CVRs, but the proposal does not impact this
final rule. See 25-hour Cockpit Voice Recorder (CVR) Requirement,
New Aircraft Production, NPRM, 88 FR 84090 (Dec. 4, 2023).
---------------------------------------------------------------------------
The FAA received four comments on the proposed Sec. Sec.
194.302(pp), 194.312, and 194.313.
ALPA argued that FDR and CVR should be required for powered-lift,
regardless of seating capacity. ALPA further recommended that, in
addition to requiring CVR and FDR recorders for all powered-lift,
powered-lift operators should be required to install Flight Data
Monitoring Systems (FDMS) to identify adverse trends and prevent
accidents.
The FAA has previously determined that the FDR requirement is
appropriate
[[Page 92415]]
for only those multiengine, turbine-powered airplanes or rotorcraft
that have a passenger seating configuration, excluding any pilot seats,
of 10 or more. Due to the capability of powered-lift to operate in
wing-borne flight mode and vertical-lift flight mode, the FAA will also
require multiengine, turbine-powered powered-lift to comply with Sec.
91.609(c)(1).
In addition, the FAA has previously determined that the cockpit
voice recorder (CVR) requirement is appropriate for only those
multiengine, turbine-powered airplanes or rotorcraft that have a
passenger seating configuration of six passengers or more and for which
two pilots are required by type certification. Due to the capability of
powered-lift to operate in the wing-borne flight mode and vertical-lift
flight mode, the FAA will also require multiengine, turbine-powered
powered-lift to comply with Sec. 91.609(e).
Lastly, as stated in the NPRM, the costs imposed on operators and
individuals complying with 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. Requiring powered-lift to comply with FDR and CVR regardless of
seating capacity is not consistent with current regulations. Moreover,
the FAA determined that requiring equipment such as CVRs and FDRs for
all powered-lift regardless of the seating capacity is not warranted at
this time because the FAA does not have the data to support requiring
that equipment to be installed on powered-lift with less than six
passenger seats.
An individual commenter stated that, although the NPRM mentions
that powered-lift can operate using features of both helicopters or
airplanes, the proposed rule only addresses two flight modes: wing-
borne and vertical-lift flight. The commenter argued that the most
critical operating modes, as evidenced by historical accident,
incident, and anomalous event data for the V-22 Osprey tilt-rotor, are
during transition (VTOL-airplane) and conversion (airplane-VTOL), when
the lift is being shared by engine-driven lift devices/engine thrust
and the wing. The commenter argued that the rule should address
powered-lift transition and conversion modes of flight.
Although there is no table specific to ``transition'' and
``conversion'' modes, the existing parameters listed in the published
FDR tables include these flight modes (e.g., Sec. 194.310 contains a
section that specifies ``Pilot inputted--Primary controls (i.e.,
Ascent, descent, acceleration and deceleration, heading and directional
control for all axes)''). The FAA proposed requiring the FDR to record
all data during the manipulation of all primary flight controls for all
axes, which includes recording the full range during any transitions in
and out of the vertical-lift flight mode.\396\ These parameters were
included in Table 1 to Sec. 194.312 and Table 1 to Sec. 194.314 in
the proposed SFAR. Therefore, the transition and conversion modes are
incorporated into the SFAR FDR tables.
---------------------------------------------------------------------------
\396\ See Section XIII (``Definitions'') for more information on
how the FAA defines these flight modes in the final rule.
---------------------------------------------------------------------------
ANAC asked the FAA to consider adopting the following requirement:
``No person may operate a U.S. civil registered multiengine aircraft
having a passenger seating configuration of six passengers or more
unless it is equipped with an approved cockpit voice recorder.''
Lastly, ANAC suggested exploring the integration of lightweight flight
recorders for voice and data recording.
ANAC suggested that the required amount of recorded information be
reduced from 25 hours to 10 hours due to the perceived limited
endurance of powered-lift. However, the FAA notes that subpart G of
part 91 applies to the operation of large and transport category U.S.-
registered civil aircraft. The FAA expects large and transport-category
powered-lift to have endurances similar to transport-category airplanes
and helicopters. Therefore, the FAA has determined that existing FDR
requirements are appropriate for large and transport category U.S.-
registered civil powered-lift and will provide a level of safety
equivalent to airplanes and rotorcraft. The FAA has previously
determined that the CVR requirement is appropriate only for those 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. The FAA does not intend to expand this requirement to include
aircraft for which only one pilot is required. Furthermore, as stated
in the NPRM the costs imposed on operators and individuals complying
with 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. As such, requiring
powered-lift to comply with the CVR requirements for aircraft requiring
only one pilot is not consistent with current regulations and would
create a financial burden on the operator.
An anonymous commenter stated they are concerned that the proposed
flight recorder parameters do not adequately address the unique design
and operation of vertical lift vehicles. Furthermore, battery
propulsion systems are not included in the proposed parameter list in
this NPRM. The commenter asserted that, considering that the intent of
battery technology is to replace legacy turbine-powered systems,
powered-lift should be mandated to carry flight recording technology
regardless of weight or passenger capacity. The FAA disagrees. The
parameters specified in the proposed tables of Sec. 194.312 through
Sec. 194.315 in the SFAR adequately encompass current powered-lift
designs. The FAA proposed the requirement of the FDR to record all the
pilots' inputs of the primary controls (i.e., ascent, descent,
acceleration, and deceleration, heading and directional control for all
axes). Thus, regardless of propulsion system or weight, the FDR would
record the primary controls inputs.
In summary, the FAA notes that subpart G of part 91 applies to the
operation of large and transport-category U.S.-registered civil
aircraft. The FAA expects large and transport-category powered-lift to
have endurances similar to transport-category airplanes and
helicopters. Therefore, the FAA has determined that existing CVR and
FDR requirements are appropriate to large and transport category U.S.
registered civil powered-lift and will provide a level of safety
equivalent to airplanes and rotorcraft. The FAA does not intend to
expand the current rule to include all powered-lift, regardless of
powerplant, seating capacity, or number of pilots required. Requiring
equipment such as CVRs and FDRs for all powered-lift is not warranted
at this time because the FAA does not have the data to support
requiring this equipment to be installed all powered-lift regardless of
seating capacity. Furthermore, as stated in the NPRM, the costs imposed
on operators and individuals complying with 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. As a result of the foregoing, the FAA adopts
Sec. 194.302(pp)(1) and (2) as final, though due to renumbering, those
provisions are adopted as Sec. 194.302(yy)(1) and (2).
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
[[Page 92416]]
rotorcraft begins lift-off to when the airplane has completed the
landing roll or the rotorcraft has landed at its destination. The FAA
proposed 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 point at which the powered-lift begins
the takeoff roll or begins lift-off until the latter point when the
powered-lift has completed the landing roll or has landed at its
destination. The FAA did not receive any comments on this proposal and
therefore adopts Sec. 194.302(pp)(3) as final, though due to
renumbering, it is being adopted as Sec. 194.302(yy)(3).
Section 91.609(i) describes the CVR requirements for airplanes or
rotorcraft manufactured on or after April 7, 2010. Section 91.609(j)
describes the requirements for recording datalink messages in airplanes
or rotorcraft when the datalink communication equipment was installed
on or after April 6, 2012. The FAA considers CVRs and FDRs to be
necessary safety equipment on airplanes and rotorcraft and proposed in
Sec. 194.302(pp) that these requirements also be applicable to
powered-lift. The FAA did not receive any comments related to Sec.
91.609(i) and (j). The FAA therefore adopts Sec. 194.302(pp) as final,
though due to renumbering, it is being adopted as Sec. 194.302(yy).
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 acknowledged 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 received one comment related to Sec. 91.611 from BETA, who
recommended that the FAA make Sec. 91.611 applicable to all powered-
lift for which the AFM contains procedures for normal flight operations
without all engines operating. BETA stated the FAA's decision to
exclude Sec. 91.611 from the SFAR unnecessarily restricts operations
of powered-lift that during the type certification process establish
that the aircraft can safely perform normal flight operations without
all engines operating.
The FAA notes that Sec. 91.611 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. The FAA further
notes that the applicability section subpart G of part 91 applies to
the operation of large and transport category U.S.-registered civil
aircraft. The A250, a powered-lift mentioned in BETA's comment, is not
a large nor a transport category U.S.-registered civil aircraft and
therefore is not subject to the requirements of subpart G of part 91.
Section 91.613 requires airplane compartment interiors to meet the
flame propagation requirements set forth in Sec. Sec. 25.853 or
25.856. For large powered-lift, the FAA proposed in Sec. 194.302(qq)
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. The FAA did not receive any comments related to Sec. 194.302(qq)
and therefore adopts Sec. 194.302(qq) as final, though due to
renumbering, it is being adopted as Sec. 194.302(zz).
8. Waivers
Section 91.903 permits the Administrator to issue a certificate of
waiver authorizing the operation of aircraft in deviation from any rule
listed under Sec. 91.905 if the Administrator finds that the proposed
operation can be safely conducted under the terms of that certificate
of waiver. In the NPRM, the FAA proposed a permanent change to Sec.
91.903 that would allow the FAA to issue certificates of waiver for any
of the part 91 operating rules as modified by part 194. In other words,
each corresponding part 194 operating rule addressing a waivable part
91 rule will also be waivable. For example, Sec. 91.107 is a waivable
regulation under Sec. 91.905. Similarly, Sec. 194.302(c), which
applies Sec. 91.107 to powered-lift, will also be waivable under the
Sec. 91.903 amended language. For any rules that are not waivable, a
powered-lift operator may still petition for an exemption. The FAA did
not receive comments regarding proposed Sec. 91.903(a) and finalizes
the amendment as proposed.
9. Fractional Ownership Operations
Section 91.1037 addresses the requirements for operating large
transport category airplanes at destination and alternate airports. 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. Therefore, the FAA proposed that large
transport category powered-lift comply with Sec. 91.1037 as set forth
in Sec. 194.302(rr). Furthermore, the FAA proposed 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, will be applicable, as set forth
in Sec. 194.302(rr)(i). The FAA did not receive any comments related
to Sec. 194.302(rr) and therefore adopts Sec. 194.302(rr) as final,
though due to renumbering, it is being adopted as Sec. 194.302(aaa).
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.
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 proposed 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).
Under Sec. 91.1041(d), the FAA requires validation testing for
certain authorizations, for operations outside U.S. airspace, 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. Under Sec.
194.302(ss), the FAA proposed applying Sec. 91.1041(d) to powered-lift
that are subject to the requirements of subpart K of part 91. The FAA
did not receive comments regarding Sec. 91.1041(d).
The FAA received one comment from Lilium regarding the 25-hour
proving test requirement under Sec. 91.1041(b). Lilium urged the FAA
to consider
[[Page 92417]]
adopting a tailored approach to this requirement. Specifically, Lilium
stated the FAA could require program managers to conduct a series of
proving tests, each focusing on a specific aspect of the aircraft's
operation, and that the proving test period should be tailored to the
expected geographical routes and flight times of the program.
Powered-lift, regardless of the powerplant, have additional
complexity due to their design and operation. These features have not
been available and experienced by the civilian market to date. Although
Lilium proposed a specific strategy for tailoring the proving test
requirements, Sec. 91.1041(g) already allows the Administrator to
authorize deviations from the proving and validation testing
requirements if the Administrator finds that special circumstances make
full compliance with this section unnecessary. As a result of this
deviation authority, no additional regulatory revisions are required.
The FAA accepts Sec. 194.302(ss) as final, though due to renumbering,
it is being adopted as Sec. 194.302(bbb).
Section 91.1045 contains additional safety equipment requirements
for program aircraft. The FAA proposed that this rule apply to certain
powered-lift in proposed Sec. 194.302(tt) and (uu).
For powered-lift with more than 30 seats or a payload capacity of
more than 7,500 pounds, the FAA proposed 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. Furthermore, the FAA
proposed that Sec. 91.1045(a)(3) and (b)(3) apply to powered-lift, and
that instead of TAWS, a powered-lift must be equipped with an HTAWS
that meets the requirements of TSO-C194 and Section 2 of RTCA DO-309 or
a FAA-approved TAWS A/HTAWS hybrid system.
Section 91.1045(b)(5) refers to airborne thunderstorm detection
equipment required by Sec. 135.173 and airborne weather radar required
by Sec. 135.175. 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 FAA proposed 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.
EASA asked if the FAA expects to issue a waiver from the
requirement for powered-lift to be equipped with thunderstorm detection
equipment. Although not explicitly stated, it appears EASA is
referencing Sec. 91.1045. The FAA does not issue waivers to this rule.
However, an individual or entity may seek relief from this rule, in the
form of an exemption, by following the criteria set forth in 14 CFR
part 11. The FAA will consider any exemption request that is submitted
in accordance with 14 CFR part 11.
The FAA is adopting Sec. 194.302(tt) and (uu) as proposed, though
due to renumbering, these sections are being adopted as Sec.
194.302(ccc) and (ddd).
The FAA notes applicability of pilot qualifications and training
requirements in Subpart K of part 91 are discussed in section V.L. of
this preamble.
With the exception of Sec. 91.1109(b)(4), Sec. 91.1109 applies to
powered-lift because it is generally applicable 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 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 did not include part 125 in
this SFAR. 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 notes that Sec. 91.1115(b)(1) uses the word
``airplane'' and the rest of paragraph (b) uses the word aircraft. The
FAA proposed 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. 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. The FAA did not
receive any comments on the proposed Sec. 91.1115(b)(1) and therefore
adopts it as final.
C. Part 97 Rules for Powered-Lift
Title 14 CFR part 97 prescribes standard instrument approach
procedures, obstacle departure procedures, and weather minimums that
apply to IFR takeoffs and landings at civil airports in the United
States. It further defines copter procedures as helicopter procedures,
with applicable minimums as prescribed in Sec. 97.35. 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 can perform the
operations safely. The purpose of this section of the SFAR is to
propose a regulatory pathway that allows powered-lift to use the copter
procedures defined in Sec. 97.3.
In the NPRM, the FAA proposed Sec. 194.305 to ensure that powered-
lift seeking to use copter procedures can be certified under Sec.
21.17(b), be approved for IFR operations, and meet equivalent system
design and stability as helicopters currently type certificated for
instrument flight under part 27 and appendix B to part 29. If the
powered-lift does not meet that equivalency, the aircraft's flight
manual will contain a limitation prohibiting use of copter procedures.
As explained in the NPRM, 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 provided in greater detail in the NPRM.\397\
---------------------------------------------------------------------------
\397\ See 88 FR 39040-39041 (June 14, 2023). Specifically, the
NPRM further explains the TERPs Manuals and Copter instrument
procedures (IP) process, as well as the airworthiness evaluation
process for copter procedures. 88 FR 39040 (June 14, 2023). The NPRM
also explains that the minimums prescribed for copter procedures are
not published in the Code of Federal Regulations; rather, the
Standard for Terminal Instrument Procedures (TERPs) are documented
on FAA Forms 8260-3, 8260-4, 8260-5, and 8260-15A, and depicted on
aeronautical charts published by the FAA. They are incorporated by
referenced pursuant to 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
The FAA received five public comments that were in support of the
proposed language. Joby and Bristow generally supported the language.
Both commenters (from CAE and National Business Aviation Association
(NBAA)) considered the draft language to be a practical application of
IFR procedures to powered-lift and expressed their support. GAMA
expressed very strong support of the draft language allowing certified
powered-lift to use helicopter procedures stating it is ``welcomed by
industry stakeholders.''
[[Page 92418]]
Therefore, the FAA adopts Sec. 194.305 as proposed.
D. Part 135 Rules for Powered-Lift
The FAA conducted a review of the part 135 regulations to identify
which rules specified aircraft, airplane, helicopter, rotorcraft, or
powered-lift in the text of the rule. All part 135 regulatory
requirements imposed on ``aircraft'' apply to powered-lift, so any
portions of part 135 which are silent to aircraft category are
applicable to all part 135 operations conducted with powered-lift. The
FAA considered the safety aspects of the rule and whether powered-lift
have similar operating and performance characteristics to airplanes or
helicopters, and determined which should be applicable to powered-lift.
This final rule uses existing requirements for airplane, helicopter, or
rotorcraft and includes some new requirements specifically for powered-
lift. This final rule will apply to all powered-lift when used in part
135 operations.
In response to comments received, the FAA drafted some new
performance-based requirements. These new requirements allow the use of
some helicopter rules as long as the operator complies with the
appropriate risk mitigations that are detailed in the final rule, as an
alternative to the airplane rules. Therefore, there is no longer a
distinct dividing line between airplane or helicopter rules being
applicable to powered-lift, so the final rules below are listed in
numerical order.
1. Subpart A: General
Subpart A prescribes requirements regarding the applicability,
manual requirements, aircraft requirements, and crewmember certificate
requirements for part 135.
Section 135.1 outlines the applicability of part 135. In
particular, Sec. 135.1(a)(9) lists helicopter air ambulance (HAA)
operations, as defined in Sec. 135.601(b)(1), as being governed by
part 135. Regulations for HAA operations are found in subpart L of part
135. As discussed in section VI.D.8. of this preamble, the FAA is
applying subpart L of part 135 to powered-lift that conduct air
ambulance operations. Therefore, it is necessary for Sec. 135.1(a)(9)
to be applicable to powered-lift that conduct air ambulance operations.
The application of Sec. 135.1(a)(9) to powered-lift conducting air
ambulance operations was proposed in Sec. 194.308(a).
The FAA received one comment from GAMA on proposed Sec.
194.308(a). GAMA requested that powered-lift be treated as helicopters
for the purposes of Sec. 135.1(a)(9). As the FAA proposed that Sec.
135.1(a)(9) be applicable to powered-lift conducting air ambulance
operations, GAMA's comment was already addressed in the NPRM.
Therefore, the FAA adopts Sec. 194.308(a) as final, but as a result of
renumbering it is now Sec. 194.306(a).
Section 135.23 specifies the required content for those operators
required to have a manual under Sec. 135.21. Section 135.23(r)
specifies the manual content requirements of a Destination Airport
Analysis. However, the Destination Airport Analysis manual content
requirements are only required if a Destination Airport Analysis is
required by Sec. 135.385 (``Large transport category airplanes:
Turbine engine powered: Landing limitations: Destination Airports'').
As specified in section VI.D.6. of this preamble, Sec. 135.385 applies
to large powered-lift per Sec. 194.306(hhh) and (iii).
In the NPRM, the FAA proposed in Sec. 194.307(a) that, if a large
powered-lift is required by Sec. 194.307(qq) and (rr) to comply with
Sec. 135.385, then the requirements of Sec. 135.23(r)(7) would be
applicable to powered-lift.
The FAA received no comments on proposed Sec. 194.307(a); however,
the FAA determined that clarification on Sec. 135.23(r) is necessary.
Although subparagraph (r)(7) contains the only specific reference to
``airplane'' under Sec. 135.23, the FAA is revising the proposed
regulatory text under Sec. 194.307(a) to reference ``Section
135.23(r)'' instead of ``(r)(7)'' because the introductory text to
paragraph (r) of Sec. 135.23 cross-references an airplane-specific
section of part 135 (Sec. 135.385). As a result, to minimize any
confusion of whether all of Sec. 135.23(r) applies to powered-lift,
the FAA is revising Sec. 194.307(a) to state ``Section 135.23(r)''.
The FAA therefore adopts Sec. 194.307(a) as revised, but as a result
of renumbering, it is now Sec. 194.306(b).
2. 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.
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.
In the NPRM, the FAA stated that the autopilot requirements in
Sec. 135.93(a)-(f) would apply to powered-lift because the section is
generally applicable to aircraft. While Sec. 135.93 is applicable to
aircraft in general, Sec. 135.93(g) excludes rotorcraft from having to
comply with the minimum altitudes for use of an autopilot. However, the
FAA chose in the NPRM to not apply the exception in Sec. 135.93(g) to
powered-lift.
In Sec. 194.307(b), the FAA proposed to apply the requirements
referencing the ``airplane'' flight manual to powered-lift, as
reflected in a powered-lift's AFM. The FAA anticipated that powered-
lift will conduct most of their autopilot-controlled flight operations
much like an airplane (in wing-borne flight mode), with the lift being
primarily produced by the wings thereby enabling a powered-lift to
travel at a greater forward velocity than a helicopter.
The FAA received three comments on proposed Sec. 194.307(b). The
commenters argue that the requirement to use airplane regulations for
this rule is prohibitive, short sighted, and is not in the public's
interest. Commenters recommended using ICAO direction, which utilizes
the helicopter rules.
AWPC asserted that restricting the use of an autopilot in their
aircraft below 500 feet AGL is prohibitive. The commenter suggested
this is against public interest since their aircraft is capable of
sustained hovering maneuvers and is expected to be used for Search and
Rescue (SAR) operations at minimum use heights 30 feet above the
surface. AWPC indicated that their aircraft will have specific
autopilot modes--such as radar altimeter hold, transition down to a
hover, barometric altimeter hold, and winchman trim mode--and contends
the use of an autopilot should be based on aircraft capabilities.
Therefore, AWPC argued that their aircraft should be allowed to engage
the autopilot at a certified minimum use heights under the same
regulations as permitted for helicopters in Sec. 135.93(g).
AUVSI asserted the FAA's proposal falls short in regard to
supporting autonomy, including advanced autopilots, by applying the
airplane altitude requirements of Sec. 135.93. The commenter also
asserted the FAA is short sighted and safety-limiting by not
considering a fully autonomous auto flight system. AUVSI contended the
FAA is prohibiting a safety-enhancing system from being able to be used
during some of the phases of flight most susceptible to pilot error
accidents when autonomous takeoff and landing are being routinely
demonstrated by eVTOL (and other) aircraft today.
GAMA submitted a comment indicating it represents consensus
recommendations from the following powered-lift member companies: AIR,
Joby, Vertical Aerospace Group, Airbus Helicopters, AWPC, Volocopter,
Archer,
[[Page 92419]]
Lilium, Wisk, BETA, Overair, Zipline, EVE Air Mobility, and Supernal.
In this comment, they conducted a gap analysis with those regulations
they identified and the ICAO guidance to determine whether helicopter
or airplane rules should apply. In general, GAMA recommended that the
FAA use the ICAO Document 10103 and apply rules for helicopters to
powered-lift most of the time. They stated these recommendations were
crafted by broad powered-lift industry consensus and supports their
entry into service by 2024. GAMA's group comment requested that
powered-lift be included in the rotorcraft exception of Sec.
135.93(g), which means there would be no minimum altitudes for the use
of an autopilot installed on powered-lift.
The FAA has evaluated the comments and the information that AWPC
provided in their comment regarding the capabilities that are built
into their autopilot system and the type of operations where the
autopilot use would be desirable. This prompted the FAA to reconsider
the proposal from the NPRM to unilaterally apply the autopilot enroute
requirements of Sec. 135.93(c) to all powered-lift. Due to the hybrid
nature of powered-lift and the varying performance capabilities of
these aircraft designs, the FAA determined unilaterally applying the
rotorcraft exception of Sec. 135.93(g) would not necessarily provide
the safety parameters for enroute operations currently set forth in
Sec. 135.93(c) to all powered-lift designs.
In response to the comments received, for those powered-lift
manufacturers that have requested the FAA to evaluate the autopilot
system and to subsequently have a published minimum engagement altitude
for enroute operations in the AFM, the FAA is providing a performance-
based alternative for those aircraft. This performance-based
alternative would permit a powered-lift to conduct enroute operations
with the autopilot engaged below 500 feet. For an autopilot system to
have a minimum engagement altitude for enroute operations specified in
the AFM, it must be shown during type certification that the powered-
lift can be safely operated at the minimum engagement altitude.
However, if no minimum engagement altitude is specified in the AFM,
then a powered-lift could not use the autopilot in enroute operations
below 500 feet or at an altitude that is no lower than twice the
altitude loss specified in the AFM for an autopilot malfunction in
cruise conditions, whichever is greater.
The addition of the performance-based alternative will maintain the
level of safety provided by the current rule since the autopilot system
will be evaluated during the aircraft certification process. During the
type certification of the powered-lift the authorizations and
limitations of the aircraft autopilot system can be documented in the
AFM. For those powered-lift that do not have a minimum engagement
altitude specified in the AFM, safety will be maintained because the
autopilot in the powered-lift may not be used enroute either below 500
feet, or at an altitude that is twice the altitude loss specified in
the AFM for an autopilot malfunction, whichever is higher, and this is
consistent with the current requirements of Sec. 135.93(c).
GAMA recommended to follow the ICAO requirements, which would use
the helicopter rule. The FAA disagrees with GAMA's recommendation and
believes that due to the hybrid nature of powered-lift and the varying
performance capabilities of these aircraft designs, unilaterally
applying the rotorcraft exception of Sec. 135.93(g) would not
necessarily provide the safety parameters currently set forth in Sec.
135.93(a)-(f) to all powered-lift designs, and they should be required
to adhere to the autopilot limitations provided in their AFM.
Therefore, the FAA has amended Sec. 194.307(b), which as a result
of renumbering is now Sec. 194.306(c), to provide powered-lift a
performance-based alternative for enroute use of autopilots. The FAA is
also retaining the provision in Sec. 135.93(c)(3) which permits
enroute use of the autopilot at an altitude specified by the
Administrator.
Section 135.100 details flightcrew member duties and activities in
relation to critical phases of flight. Section 135.100 defines
``critical phases of flight'' as including ``all ground operations
involving taxi, takeoff and landing, and all other flight operations
conducted below 10,000 feet, except cruise flight.'' A note appended to
Sec. 135.100 states that ``taxi'' is defined as ``movement of an
airplane under its own power on the surface of an airport.'' The FAA
adopted the Sec. 135.100 note in 1981 (Elimination of Duties final
rule, 46 FR 5500). As illustrated by the Sec. 135.100 note's focus on
airplanes, people often only associate the ground movement of airplanes
with taxiing. However, there are comparable movements of aircraft under
their own power, such as ground taxiing by wheeled helicopters. The
narrowed focus of the Sec. 135.100 note limits the restrictions in
Sec. 135.100 just to airplanes, even though helicopters and powered-
lift may have the ability to move under their own power in a similar
manner. To maintain an equivalent level of safety for all aircraft
conducting operations at an airport, regardless of the category of
aircraft and the kind of taxiing they do, all movement of any aircraft
under its own power at an airport must be done free from distraction of
non-safety related duties and activities. As such, the FAA proposed in
the NPRM to amend the note as a permanent change in Sec. 135.100 by
broadening the term to ``aircraft'' from ``airplane,'' and by applying
references to ``taxi'' in Sec. 135.100 to all categories of aircraft.
This change would satisfy the intent of the rule by requiring a sterile
cockpit environment for all aircraft during critical phases of flight,
which improves safety by reducing distractions for all aircraft
operations, including powered-lift.
The FAA received one comment on Sec. 135.100 from an individual,
who indicated that the proposed definition of ``taxi'' under Sec.
135.100 does not fully encompass the capabilities or current operating
procedures for powered-lift. Specifically, the commenter noted that
some powered-lift have the design capability to hover taxi, which the
commenter noted was defined in the Pilot-Controller Glossary as
``movement conducted above the surface and in ground effect at
airspeeds less than approximately 20 knots.'' The commenter recommended
amending the note in Sec. 135.100 to incorporate the Pilot-Controller
Glossary definition of hover taxi to accommodate these types of
powered-lift.
The FAA agrees with the commenter that the note in Sec. 135.100
does not fully encompass the capabilities or current operating
procedures for powered-lift. To ensure the sterile cockpit requirements
are being applied during all critical phases of flight, including
various forms of taxiing, the FAA is adding both hover taxi and air
taxi from the Pilot Controller Glossary to the existing note in Sec.
135.100. This will ensure that flight crewmembers are not distracted
when taxiing their aircraft, whether such taxiing is traditional ground
taxiing, hover taxiing, or air taxiing. Therefore, the FAA is amending
Sec. 135.100 as a permanent change to add paragraph (d), which
includes both hover and air taxi under the definition of ``taxi.''
Section 135.117(a) requires each PIC of an aircraft carrying
passengers to ensure that passengers have been orally briefed on
certain specific items. In particular, 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 equipment.
[[Page 92420]]
With respect to helicopters, an extended overwater operation is defined
in Sec. 1.1 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
135.117(a)(6) applies to all aircraft, including powered-lift
conducting extended overwater operations as defined in Sec. 194.103.
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 must 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.\398\ In the
NPRM, the FAA proposed applying Sec. 135.117(a)(9) to powered-lift in
Sec. 194.308(b).
---------------------------------------------------------------------------
\398\ ``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.
---------------------------------------------------------------------------
The FAA received one comment from GAMA, cosigned by other industry
stakeholders on proposed Sec. 194.308(b). Regarding Sec. 135.117,
GAMA recommended the FAA apply the ICAO guidance and use the paragraphs
stipulated for airplanes for powered-lift, rather than the regulations
for rotorcraft.
The FAA disagrees with GAMA's recommendation to only apply the
airplane provisions of Sec. 135.117 to powered-lift operations.
Powered-lift may have the ability to glide, autorotate, or both. Not
all powered-lift designs may be able to perform a glide and ditch
similar to an airplane in an emergency. For those powered-lift that are
unable to glide and can only conduct an autorotation in an emergency,
it is critical to ensure that passengers receive the briefing required
by Sec. 135.117(a)(9). Failing to require the Sec. 135.117(a)(9)
briefing would expose passengers to unnecessary risk in the event of a
water landing.
Additionally, the FAA does not have the historical data on powered-
lift 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 will
address powered-lift as helicopters for the purpose of overwater
operations.
In response to the comment received, the FAA did not make any
changes to the proposed regulatory text. Therefore, the FAA adopts
Sec. 194.308(b) as final, but as a result of renumbering, it is now
Sec. 194.306(d).
Section 135.128 regulates the use of safety belts and child
restraint systems, requiring 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, Sec. 135.128(a)
makes clear that 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. This is
because 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.
In the NPRM, the FAA proposed 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. The FAA received no comments on proposed
Sec. 194.307(c). Therefore, the FAA adopts Sec. 194.307(c) as final,
but as a result of renumbering, it is now Sec. 194.306(e).
3. 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.\399\ In the NPRM, the FAA proposed in Sec.
194.307(d) that, if a certificate holder has not previously proven a
powered-lift in operations under part 135, they would be required to
conduct at least 25 hours of proving tests as detailed in Sec.
135.145(b)(1) through (3).
---------------------------------------------------------------------------
\399\ Proving tests are necessary to evaluate each certificate
holder's ability to conduct operations safely and in accordance with
the applicable regulations.
---------------------------------------------------------------------------
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. In the NPRM, the FAA proposed in Sec. 194.307(e)
that validation testing required by Sec. 135.145(d)(1) would apply to
all powered-lift. Under the proposed Sec. 194.307(e), validation
testing would 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.
EASA supported the FAA's intent ``to ensure powered-lift operate to
the highest level of safety in part 135,'' as noted in the FAA's
rationale for proposed Sec. 194.307 in Notice 23-8. EASA asked if the
FAA intends to have increased safety requirements similar to part 121
operations.
In the SFAR, the FAA intends for powered-lift to comply with the
level of safety provided in part 135. To require powered-lift to comply
with a higher regulatory requirement than already stipulated in part
135 would place an undue burden on powered-lift operators with no basis
to support higher regulatory requirements, such as those found in part
121.
In response to the comments received, the FAA did not make any
changes to the proposed regulatory text. Therefore, the FAA adopts
Sec. 194.307(d) and (e) as final, but as a result of renumbering, they
are now Sec. 194.306(f) and (g), respectively.
Section 135.150 requires a public address and crewmember interphone
systems for aircraft that have a passenger seating configuration of
more than 19, excluding any pilot seat. 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.
The FAA proposed in Sec. 194.307(f) that, for large powered-lift,
the public address system required by Sec. 135.150(a)(7) must comply
with Sec. 25.1423 or such airworthiness criteria as the FAA may find
provides an equivalent level of safety in accordance with Sec.
21.17(b). Additionally, the FAA proposed 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 must 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 received no comments on proposed Sec. 194.307(f) and (g).
Therefore, the FAA adopts Sec. 194.307(f) and (g) as final, but as a
result of renumbering,
[[Page 92421]]
they are now Sec. 194.306(h) and (i), respectively.
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. In the NPRM, the FAA proposed in Sec.
194.307(h) through (m) to require CVRs for powered-lift with the same
seating configurations and pilot requirements that are in Sec.
135.151. In Sec. 194.307(h), the FAA proposed 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 Sec. 135.151(a) or (b), regardless of the type of
powerplant. In Sec. 194.307(k), the FAA proposed applying Sec.
135.151(g)(1) to powered-lift with a passenger seating configuration of
six or more seats, for which two pilots are required by certification
or operating rules, and that are required by Sec. 135.152 to have a
flight data recorder. In Sec. 194.307(l), the FAA proposed applying
Sec. 135.151(g)(2) to powered-lift with a passenger seating
configuration of twenty or more seats and which are required by Sec.
135.152 to have a flight data recorder. The FAA also proposed in Sec.
194.307(j) and (m) that, although Sec. 135.151(d) and (h) reference
airplanes or rotorcraft, these paragraphs will also apply to powered-
lift to ensure that uninterrupted audio signals are recorded and that
all datalink messages are recorded when required. The FAA will include
CVR airworthiness requirements during type certification based on an
applicant's proposed operational needs. Operators must 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 received two comments on when a powered-lift would be
required to be equipped with a CVR. ALPA provided a comment arguing
that limiting the requirement to equip powered-lift with CVRs, FDRs, or
TAWS (see section VI.B.7. of this final rule) based on seating
configuration would exclude the first generation of powered-lift from
the safety benefits of this equipment. ALPA disagreed with the FAA's
rationale, arguing that the FAA has based its rationale on traditional
aircraft and flight operations. They asserted these emerging novel
entrants into the NAS pose a new challenge to the safety matrix of
commercial aviation, and therefore the existing practices of aircraft
weight, size, and seating capacity for required safety equipment is
unjustified. ALPA recommended all powered-lift (regardless of seating
capacity) should be equipped with a CVR. EASA commented about the
requirement to equip powered-lift with CVRs and FDRs. EASA argued that
it is crucial to consider the important role this equipment provides in
incident and accident investigations, emphasizing its importance for
those eVTOLs with lower passenger capacity who are engaging in
commercial passenger transportation in congested areas. EASA asked the
FAA to take into consideration that the majority of the current designs
of eVTOL will not be required to equip their aircraft with a CVR due to
seating capacity. They requested that the FAA clarify if alternatives
are going to be considered to compensate for the lack of such recording
capability in the AAM group.
The FAA agrees that CVRs provide valuable information during
accident investigations. However, the FAA does not agree that it is
necessary for all powered-lift, regardless of seating capacity, be
equipped with a CVR. The FAA reduced the minimum seat requirement in
Sec. 135.151(a) and (g)(1) from 10 passenger seats to 6 passenger
seats in 1987 because of the large number of small airplanes that
operate with seating configurations of six to nine passenger seats and
that are required by certification or part 135 operating rules to have
two pilots. In 1988, the FAA required rotorcraft with the same
passenger seat configurations and operational requirements as airplanes
to be equipped with a CVR. For the same reasons that the FAA imposed
the CVR requirements for airplanes and rotorcraft with certain seating
capacities, the FAA will require CVRs for powered-lift with those same
seating configurations and pilot requirements, regardless of the types
of powerplant. The FAA has determined that requiring equipment such as
CVR for all powered-lift regardless of the seating capacity is not
warranted at this time because the FAA does not have the data to
support requiring CVRs to be installed on powered-lift with less than
six passenger seats. Additionally, requiring a CVR on powered-lift with
less than six passenger seats increases the associated costs and
requires a higher standard than what is currently in place for other
aircraft of similar passenger seating capacity.
Therefore, the FAA adopts Sec. 194.307 (h), (i), (j), (k), (l) and
(m) as final, but as a result of renumbering, they are now Sec.
194.306(j), (k), (l), (m), (n) and (o).
Section 135.152 specifies when a flight data recorder (FDR) is
required to be installed on an aircraft, parameters to be recorded, and
installation requirements. The FAA proposed in Sec. 194.307(n) to
apply Sec. 135.152(c), (d), (f), and (j) to powered-lift with a
passenger seating configuration, excluding crewmember seats, of 10 to
30. The FAA proposed in Sec. 194.307(o) to apply Sec. 135.152(a) to
powered-lift with a passenger seating configuration of 10 to 19 seats.
Additionally, the FAA proposed in Sec. 194.307(p) that Sec.
135.152(b) and (b)(3) apply to powered-lift with a passenger seating
configuration of 20 to 30 seats, regardless of the type of powerplant.
The FAA received three comments on when a powered-lift would be
required to be equipped with a FDR, and one comment on the FDR
recording parameters.
ALPA expressed general support for the FAA's analysis of part 135
regulations and identification of helicopter rules that are appropriate
for powered-lift. However, ALPA pointed out several proposed rules
under Sec. 194.307 that would only apply to powered-lift with certain
minimum seating capacities. ALPA said that, because powered-lift
generally have less than six seats, many powered-lift would be excluded
from the safety benefits provided by these rules. ALPA therefore
recommended that these rules apply to all powered-lift, regardless of
seating capacity, for enhanced safety.
Similarly, EASA stated in their comment that most current eVTOL do
not meet the minimum passenger seating configurations and therefore
would not be affected by the proposals requiring either a CVR or FDR
under Sec. 194.307. Without these CVR and FDR provisions, EASA noted
that there will be a lack of data. EASA advocated for applying Sec.
194.307 to all powered-lift, regardless of seating capacity.
Additionally, GAMA noted that the ICAO Document 10103 framework
would result in powered-lift of certain weight to be required to
install FDRs, rather than basing it on seating capacity. GAMA stated
that this would enable operators to collect and share data about the
suitability of rotorcraft rules. GAMA further recommends that the FAA
apply ICAO guidance and replace the term ``helicopter'' or
``rotorcraft'' with ``powered-lift,'' as written in ICAO Annex 6, Part
3, Section 2, Chapter 4,
[[Page 92422]]
4.3.1.1. This would add a weight requirement of 4,960 pounds to trigger
the installation of an FDR, instead of a 10-passenger seat capacity
trigger.
The FAA considered the comments requesting the FAA to require all
powered-lift to be equipped with an FDR, regardless of the passenger
seating capacity, as well as an aircraft weight in lieu of a passenger
seat capacity threshold. When the FDR rule was first promulgated in
1988, it was based on NTSB safety recommendations. In response to a
number of significant events and the substantial growth in commuter air
transportation, the FAA required FDRs for all multiengine turbine-
powered airplanes and rotorcraft operated under part 135 having a
passenger seating configuration of 10-19 seats. In the FDR final rule,
the FAA acknowledged that the FDR requirements for larger aircraft
operating under part 135 are more stringent than those for smaller
aircraft because the small aircraft are required to be equipped with
cockpit voice recorders.\400\ The FAA determined the cost of installing
cockpit voice recorders is substantially less than that of flight data
recorders and therefore would not be a significant burden on small
operators.\401\ The FAA acknowledges that FDR data is beneficial for
accident investigations. However, the FAA continues to believe that the
benefits of requiring an FDR would not be justified in aircraft with
less than 10 passenger seats because the FAA does not yet have the data
to support requiring FDRs to be installed on powered-lift with less
than ten passenger seats. Without the data to support requiring an FDR
on powered-lift with less than ten passenger seats, the associated
costs and mandating a higher standard than what is currently in place
for other categories of aircraft of similar passenger seating capacity
is not justified. As such, the FAA will not adopt ALPA and EASA's
recommendation to require FDRs for all powered-lift, regardless of
seating capacity.
---------------------------------------------------------------------------
\400\ See Cockpit Voice Recorders (CVR) and Flight Recorders,
final rule, 53 FR 26134, 26137 (Jul. 11, 1988).
\401\ Id.
---------------------------------------------------------------------------
Additionally, the FAA will not adopt GAMA's suggestions to base the
FDR requirement on aircraft weight rather than seating capacity. Basing
the FDR requirement on seating capacity for powered-lift is consistent
with how the FAA has historically determined whether FDR is required.
Therefore, the FAA will continue basing the determination of whether
FDR is required on seating capacity, not aircraft weight.
An individual commenter said the proposed FDR tables for part 135
only address vertical-lift and wing-borne flight modes. The commenter
said the rule should address powered-lift transition (VTOL-airplane),
and conversion (airplane-VTOL) modes of flight under all applicable and
relevant sections.
In response to the individual commenter regarding the proposed FDR
Tables, the FAA responds that not all powered-lift designs will have
transition and conversion modes like a tilt-rotor as referenced by the
commenter. The NPRM discussed the two flight modes that the operational
rules refer to, these are wing-borne and vertical-lift flight
modes.\402\ Wing-borne flight mode is when a powered-lift is operating
more like a traditional airplane, which uses a wing to generate lift
and depends exclusively or partially on nonrotating airfoil(s) for lift
during takeoff, landing, or horizontal flight. Vertical-lift flight
mode refers to a powered-lift that is operating like traditional
rotorcraft, which is in a configuration that allows vertical takeoff,
vertical landing, and low speed flight; and depends principally on
engine-driven lift devices or engine thrust for lift. The FAA
recognizes powered-lift will have the ability to transition in and out
of the vertical-lift flight mode. In the NPRM, the FAA proposed
requiring the FDR to record all data during the manipulation of all
primary flight controls for all axes, which includes recording the full
range during any transitions in and out of the vertical-lift flight
mode. These parameters were included in Table 1 to Sec. 194.312 and
Table 1 to Sec. 194.314 in the proposed SFAR. Therefore, the FDR would
record all parameters, including when a powered-lift is transitioning
in and out of the vertical-lift flight mode.
---------------------------------------------------------------------------
\402\ See Section XIII (``Definitions'') for more information on
how the FAA defines these flight modes in the final rule.
---------------------------------------------------------------------------
In response to the comments received, the FAA did not make any
changes to the proposed regulatory text, and adopts as final Sec.
194.307(n), (o), and (p), which as a result of renumbering is now Sec.
194.306(p), (q), and (r), as well as Table 1 to Sec. 194.314 and Table
1 to Sec. 194.315, which as a result of renumbering are now Table 1 to
Sec. 194.312 and Table 1 to Sec. 194.313, respectively.
While considering the FDR requirements of Sec. 135.152, the FAA
became aware of the need for a technical correction in Sec.
135.152(j), which cross-references the operational parameters that must
be recorded for turbine-engine powered airplanes with a seating
configuration of 10 to 30 passenger seats. The FAA proposed to correct
the cross-reference in Sec. 135.152(j) to refer to Sec. 135.152(h)(1)
through (h)(88).
The technical correction for paragraph (j) will be adopted as final
to Sec. 135.152.
Section 135.154 requires turbine-powered airplanes to be equipped
with TAWS. 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 proposed 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 proposed in Sec. 194.307(q) that Sec.
135.154(c) apply to powered-lift as they will be required to have an
AFM that contains the appropriate procedures on the use of this
equipment and the proper flight crew reactions in response to the
activation of a terrain awareness system. This ensures powered-lift
equipped with HTAWS or an FAA-approved TAWS A/HTAWS hybrid system are
operated at a level of safety that a terrain awareness system currently
provides for airplanes.
The FAA received two comments, one from ALPA and one from EASA, on
when a powered-lift would be required to be equipped with a TAWS or
HTAWS.
ALPA recommended that TAWS or HTAWS as applicable should be
required for all powered-lift regardless of seating capacity. ALPA
stated that, if HTAWS is required for helicopter operations, it should
also be required for similar powered-lift operations regardless of the
seating capacity. ALPA argued that this would ensure the highest level
of safety in this novel aircraft type, and operations.
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 will require any
powered-lift having a passenger seating
[[Page 92423]]
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.
The FAA does not believe there is any justification to require a
terrain awareness system for all powered-lift and will retain the
threshold of a passenger seating capacity of 6 or more for those
powered-lift conducting operations other than air ambulance operations.
Powered-lift conducting air ambulance operations, regardless of
passenger seat configuration, will be required to be equipped with an
HTAWS or a FAA-approved TAWS-A/HTAWS hybrid system. This will align the
powered-lift requirements with those currently required for helicopters
and airplanes. Therefore, the FAA has determined requiring any terrain
warning system for all powered-lift, regardless of the seating
capacity, is not warranted at this time. Additionally, the FAA has no
data to support ALPA's request to require terrain warning systems on
all powered-lift. The FAA has determined the justification of
complexity, size, speed, and flight performance characteristics
mentioned in the final rule of March 29, 2000, including passenger
seating capacity, is still valid today and will be applied uniformly to
powered-lift.\403\
---------------------------------------------------------------------------
\403\ See Terrain Awareness and Warning System, final rule, 65
FR 16736 (Mar. 29, 2000).
---------------------------------------------------------------------------
In their comment, EASA asked whether the FAA considered standards
for the implementation of congested area databases for the HTAWS
requirements.
In response to EASA's comment regarding the implementation of
congested area databases for the HTAWS requirements, the obstacle and
terrain databases include data for congested areas, and this subject is
covered in TSO-C194 and Section 2 of RTCA DO-309, which are
incorporated by reference under Sec. 194.306(s) and (ooo).
In response to the comments received, the FAA did not make any
changes to the proposed regulatory text and adopts Sec. 194.307(q) as
final, but as a result of renumbering it is now Sec. 194.306(s).
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.\404\ The FAA anticipates that powered-lift will incorporate
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, in the NPRM,
the FAA proposed in Sec. 194.307(r) that Sec. 135.158 apply to all
powered-lift that have a required pitot heating system installed.
Section 194.307(r) cites the Sec. 135.158 rule and invokes Sec.
25.1326, which mandates a prescriptive means (``amber light'') to
indicate pitot heat failures.
---------------------------------------------------------------------------
\404\ Transport Category Airplanes--Pitot Heat Indication
Systems, final rule, 46 FR 43804 (Aug. 31, 1981).
---------------------------------------------------------------------------
The FAA received one comment on the proposed Sec. 194.307(r) from
BETA. BETA agreed that it is necessary for highly augmented, advanced
flight control systems to include indication of pitot heat failures.
BETA also agreed that the safety intent of the rule makes sense to
apply to powered-lift. However, BETA argued that it does not make sense
to apply the prescriptive means of indication used by part 25 transport
category aircraft to powered-lift. BETA stated that many modern
aircraft present pilot alerts through means other than colored flight
deck lights, such as Crew Alerting System (CAS) alerts. BETA noted
that, in March 2022, the FAA accepted ASTM F3120/F3120M-20 as an
accepted means of compliance for Sec. 23.2605, which covers crew
alerting. Section 8.2.1 of ASTM F3120/F3120M-20 provides that the alert
must conform to a ``Caution'' alert that is in clear view of a
flightcrew member. This means of compliance allows the applicant to
maintain a consistent flight deck indication philosophy, which is
preferable from a safety and human factors perspective. BETA understood
the FAA's safety intent is to require a crew alert that conforms to a
prioritization hierarchy based on the urgency of flightcrew awareness
and response if the pitot heat fails. BETA asserted this can be
accomplished without the prescriptive aspects of Sec. 25.1326(a),
which may be inconsistent with the crew alerting philosophy or flight
deck design of a specific powered-lift.
BETA recommended the FAA revise the SFAR to adopt Sec. 135.158
with modifications to change ``amber light'' in the referenced Sec.
25.1326(a) to ``Caution alert'' to allow for the pitot heat indication
as appropriate for powered-lift.
The FAA agrees with BETA that the alert should not only be limited
to an amber light and that there should be another FAA-approved method
of crew notification, such as a caution alert. Technological advances
in aircraft crew alerting systems, including electronic cockpit
displays, can provide equal or better notification to the flightcrew of
improper operation or failure of systems. These highly automated
systems will provide an equal or better indication to the flightcrew as
would be provided by an amber light. The FAA is therefore amending the
proposed regulatory text for Sec. 194.307(r) to allow for the
indication in powered-lift to be something other than an amber light
when a pitot system is not operating. Therefore, the FAA has amended
the SFAR to allow compliance with the criteria established under Sec.
23.2605, Sec. 25.1326, or equivalent airworthiness criteria
established during certification under Sec. 21.17(b). The requirement
will be that the alert is in clear view of a flightcrew member. The FAA
adopts the amended regulatory text in Sec. 194.307(r) as final, but as
a result of renumbering it is now Sec. 194.306(t).
Section 135.159 stipulates the equipment requirements for when an
aircraft is carrying passengers under VFR at night or under VFR over-
the-top conditions.
When powered-lift are operated in wing-borne flight mode, they
operate much like a traditional airplane in cruise flight. As such, the
FAA proposed in Sec. 194.307(s) that the exception in Sec.
135.159(a)(1), which allows for an aircraft to be equipped with a third
attitude indicator in lieu of a gyroscopic rate-of-turn indicator,
should apply to powered-lift with a third attitude indicator. Section
135.159(a)(1) provides a separate standard for the third attitude
indicator for airplanes as compared to helicopters. Under Sec.
194.307(s), operators seeking to use the exception in Sec.
135.159(a)(1) must ensure that the powered-lift is equipped with an
attitude indicator capable of displaying the pitch and roll
specifications of flight attitudes of 360 degrees of pitch-and-roll.
The FAA received two comments on proposed Sec. 194.307(s), one
from Joby and one from GAMA.
Joby indicated the FAA's proposal is overly prescriptive and
inappropriate for powered-lift. Joby argued that their own systems
inherently understand attitude and rates. Joby further stated that, if
their attitude control system were to improperly estimate this data,
the pilot cannot take control of the aircraft, even if the pilot
correctly understands the attitude, because all pilot commands would be
interpreted via a malfunctioning flight computer. Joby argued that such
fly by wire
[[Page 92424]]
systems will be designed to the appropriate development assurance level
(DAL) to control the aircraft under all conditions and will generally
include redundant sensing with voting and exclusion of failed or
misleading sensors.
Joby asserted that, in these full-time fly-by-wire aircraft, there
is no safety benefit from independent sensing of attitude or other
primary flight indications. Joby stated that it is sufficient for their
system to display the output of its own attitude estimation since their
system will be designed with the availability and redundancy needed to
control the aircraft in all conditions. Joby also stated that, given
the level of flight augmentation in their fly-by-wire system, the pilot
will not perform attitude management or other stability tasks, instead
being primarily focused on navigating the aircraft. Joby stated this is
the case even in IMC conditions. Joby also argued that requiring a
specific number of sensors, displays, or type of sensing is
inappropriate and should instead be performance-based. Joby stated that
each proposed design should be evaluated against the criticality of
attitude information to the pilot and the hazard presented by loss of
information, as well as the integrity of the source of information.
Joby further asserted that, for powered-lift, there may not be a need
to have multiple attitude sources displayed to the pilot
simultaneously. Joby stated that, in their aircraft, the pilot does not
have the task of comparing multiple data sets and deciding which are
not correct, and thus there should not be a prescriptive requirement to
show multiple displays of attitude or turn rate to the pilot.
Joby also asserted that the highly augmented systems installed on
powered-lift are often envelope-limited and will therefore prevent the
aircraft from exiting a narrow set of pitch and roll angles. As such,
Joby argued that no pilot input can cause an exceedance, which is
inherently a loss of control event, as it represents a failure of the
fundamental control laws. With indirect controls, the pilot would not
be able to recover an aircraft beyond programmed pitch or roll limits,
as the flight control system itself is already outside of approved
functionality.
According to Joby, requiring sensing that works through 360 degrees
is also inappropriate. They asserted that this would require
implementation and demonstration of a device which cannot be exercised
by a properly functioning flight control system and may require
applicants to design attitude sensing beyond aircraft performance only
to meet this rule.
In their comment, GAMA provided the recommendation to use the ICAO
guidance provided for helicopters for this rule.
The FAA disagrees with both of the commenters. According to Sec.
91.3, the pilot in command of an aircraft is directly responsible for,
and is the final authority as to, the operation of that aircraft. This
cannot be delegated away from the pilot in command, regardless of the
flight control or avionics package installed in the aircraft. Section
135.159 requires the aircraft to be equipped with certain
instrumentation when carrying passengers under VFR at night or under
VFR over-the-top conditions. Pilots engaging in VFR night operations
may often unexpectedly encounter unpredicted adverse weather conditions
which necessitate the use of instruments to safely pilot the aircraft
out of the area. Additionally, during flights on dark nights over areas
in which few, if any, ground reference lights are available, control of
the aircraft is, to a great extent, dependent upon reference to
instruments. Instrument flight may also become necessary in over-the-
top operations due to such things as mechanical emergencies and weather
conditions. The rate-of-turn indicator and the pitch and bank indicator
ensures a single point of failure will not leave a pilot with no bank
indication, enabling a pilot in command to maintain the safety of the
flight and fulfill his responsibility for that flight.
The FAA asserts the equipment requirements of Sec. 135.159 are
essential, and since powered-lift in wing-borne flight mode operate
similar to an airplane, the powered-lift needs to be equipped with a
gyroscopic rate-of-turn indicator, except a third attitude indicator
capable of displaying the pitch and roll specifications for airplanes
may be used in place of the required gyroscopic rate-of-turn indicator.
Additionally, there is no requirement to use the exception provided
in Sec. 135.159(a)(1). Operators could choose to comply with Sec.
135.159(a) and install a gyroscopic rate of turn indicator. Section
194.307(s) simply gives powered-lift operators the option to use a
third attitude instrument system instead of a gyroscopic rate of turn
indicator, as allowed for airplanes in Sec. 135.159(a)(1).
Therefore, the FAA adopts Sec. 194.307(s) as final, but as a
result of renumbering it is now Sec. 194.306(u).
Section 135.160 requires radio altimeters for all rotorcraft
operations conducted under part 135. The FAA proposed in Sec.
194.308(c) to require persons operating powered-lift to comply with the
radio altimeter requirements of Sec. 135.160(a).\405\ Consistent with
rotorcraft that must comply with Sec. 135.160(a), the FAA also
proposed to allow persons operating powered-lift with a maximum takeoff
weight no greater than 2,950 pounds to have the ability to apply for a
deviation from the radio altimeter requirements in accordance with
Sec. 135.160(b).
---------------------------------------------------------------------------
\405\ A-02-35 NTSB recommendation to incorporate radio
altimeters for passenger carrying operations.
---------------------------------------------------------------------------
The FAA received two comments with one being partially in favor of
the FAA's proposal.
Joby indicated that the FAA's proposed rationale for requiring a
radio altimeter is overly broad and does not address specifics for
electric powered-lift or their intended types of operations, namely
urban air taxi, air tours, or short, regional flight operations. Joby
argued that a radio altimeter may not be necessary or even beneficial
to safety for those types of operations. Joby asserted that powered-
lift with advanced flight control systems do not exhibit the same
safety concerns from inadvertent IMC encounters as traditional part 135
helicopters. Joby further stated that the use of radio altimeters in
urban settings does not provide the same assumed benefits and may
decrease operational safety.
Joby urged the FAA to consider revising the radio altimeter
requirements for powered-lift to address the types of operations where
radio altimeters would be most beneficial, and to carefully consider
specific aircraft design characteristics, equipage, or functionality
when determining ``unless otherwise authorized in the certificate
holder's approved minimum equipment list'' under Sec. 135.160(a). They
also suggested revising Sec. 135.160(b) to allow deviations based on
the type of operations and specific aircraft design characteristics,
equipage, and functionality.
According to Joby, electric powered-lift are not intended to be
operated in the type of missions or environments that lead to the type
of accidents that motivated the adoption of Sec. 135.160. Joby stated
that helicopters flying under part 135 are traditionally used for a
wide variety of missions, while electric powered-lift are intended to
be operated in a very narrow range of missions with ranges typically
under 100 NM. Joby argued that the value of a radio altimeter for
additional situational awareness and safety margin due to unknowns from
off-airport operations and unimproved landing zones will inherently be
much lower for electric powered-lift than for traditional helicopters.
[[Page 92425]]
Joby asserted that the risk of losing visual acuity due to flat
light, whiteout, or brownout is much more likely to occur during off
airport operations or flight over rural or mountainous terrain. Joby
stated the environments for urban air taxi, urban air tour, and short
regional flights in metropolitan areas are different. These operations
will be conducted in well developed areas where there are more
buildings, roads, lights, surrounding structures, and prepared surfaces
which provide good visual cues and allow pilots to maintain good depth
of field and contrast in their vision. Therefore, according to Joby,
the risk of exposure to flat light, whiteout, and brownout conditions
will be significantly diminished. Joby also mentioned that some
electric powered-lift being developed may be prohibited from operating
in falling or blowing snow and takeoff and landing from snow covered
surfaces.
Joby stated that ``many powered-lift currently in development are
using advanced flight control systems with advanced means of flight
stabilization, flight augmentation, and envelope protection--such as
flight path hold, altitude hold, airspeed hold, hover hold, level
flight mode, ROC/ROD protection, and similar functionality.'' According
to Joby, these aircraft exhibit much lower pilot workload for aviating
and navigating tasks than traditional helicopters and allow for much
safer flight in situations with reduced visibility. Joby stated that
these aircraft use modern flight deck avionics systems that have
significantly improved situational awareness compared to traditional
rotorcraft. Therefore, Joby argued that the pilots of these powered-
lift will have a much higher level of situational awareness in general
than pilots of traditional VFR helicopters. Joby asserted that this
situational awareness is more effective than radio altimeters in most
phases of flight because radio altimeters cannot look forward of the
aircraft, while technologies such as HTAWS can.
Joby stated that, during a loss of visual reference due to flat
light, whiteout, brownout, or any other inadvertent IMC encounter,
powered-lift will behave significantly differently from traditional
rotorcraft that depend on the pilot to maintain stability and control
and ascertain the flight path relative to the ground or obstacles.
According to Joby, powered-lift flight control systems are
intentionally designed to revert to safe and stable flight when the
pilot lets go of the controls. Therefore, Joby stated the assumed
safety benefit of a radio altimeter for loss of visual reference due to
flat light, whiteout, brownout, or other, inadvertent IMC encounter is
significantly reduced and may be negligible.
Joby argued that the proposed requirement is problematic due to the
current radio altimeter TSO performance requirements. Joby suggested
allowing for alternative, lower power, lower performance radio
altimeters or for performance-based functionality, which may be non-TSO
equipment or functionality approved under the Type Design. Joby argues
that increased flexibility, to meet the ``FAA-Approved radio
altimeter'' requirement would allow the industry to develop solutions
better suited to improve safety in urban environments. For these
reasons, Joby contended that a universal requirement for all powered-
lift to be equipped with a radio altimeter for part 135 operations is
misplaced and would negatively impact electric powered-lift conducting
air taxi flight operations.
The FAA disagrees with Joby and has determined that radio
altimeters are an important safety device designed to inform the pilot
of the aircraft's actual height above the surface. The FAA also
believes that radio altimeter requirements should not be limited to
only IMC flights, as radio altimeters provide additional situational
awareness during inadvertent encounters with IMC as well as additional
situational awareness after encounters with brownout, whiteout, or
other situations where vision is suddenly limited and pilots lose their
reference to the horizon and the ground. Powered-lift, like rotorcraft,
can conduct vertical-lift flight mode take-offs and landings, so they
could be susceptible to these same hazards that are applicable to
rotorcraft.
Furthermore, the regulation takes into consideration the various
designs of powered-lift and the different types of operations/missions
that may be conducted with those aircraft, not just a segment of the
operations that could be conducted with a powered-lift as requested by
the commenter. Additionally, the FAA believes that electric powered-
lift transporting passengers, including those operations conducted in
concentrated urban environments, could encounter some of the hazards
cited above and would benefit from the information that a radio
altimeter provides to the pilot. As such, the FAA intends to apply the
radio altimeter rule broadly, so that the safety enhancements provided
by the radio altimeter will be available to all powered-lift regardless
of the types of operations they perform.
The FAA disagrees with Joby's recommendation to expand the
deviation authority contained in Sec. 135.160(b). When the FAA
published the final rule requiring radio altimeters, it recognized
there was a limited number of older helicopters used in part 135
operations that may not have adequate room on the flightdeck to install
a radio altimeter.\406\ Therefore, the FAA included the ability for a
certificate holder to obtain a deviation from this rule for
circumstances when a radio altimeter cannot physically be located on
the flightdeck. The FAA also noted that an HTAWS or other device such
as a multi-function display that incorporates a radio altimeter would
be permitted under this rule and that deviation authority may not be
warranted for helicopters in which a radio altimeter can be
incorporated into the flightdeck's existing configuration. The FAA
believes there is no justification to expand the deviation for powered-
lift beyond the original limit of no greater than 2,950 pounds. This
would ensure that powered-lift and helicopters will use the same
criteria for authorization of a deviation as explained in the
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations final rule of 2014.
---------------------------------------------------------------------------
\406\ 79 FR 9932, 9939 (Feb. 21, 2014).
---------------------------------------------------------------------------
In response to Joby's request for a discussion about the relief
provided for radio altimeters in a certificate holder's MEL, the FAA
notes that powered-Lift MMELs will be treated no differently than any
other aircraft with regard to MMELs. Proposed MMEL relief is normally
submitted to the FAA by manufacturers or operators. The entity that
requests the relief is responsible for submitting an evaluation plan
that considers all phases of flight operation and that demonstrates
that flight operations with the inoperative item will have an
equivalent level of safety compared to flight operations with the same
item operative. In response to Joby's comment requesting the FAA revise
part 194 rules to allow for alternative, lower power, lower performance
radio altimeters or performance-based functionality, which may be non-
TSO equipment or functionality approved under the Type Design, the FAA
notes that Sec. 135.160 requires a radio altimeter be ``FAA-
approved.'' Radio altimeters installed as part of the initial type
design or a type design change would be FAA-approved. However, if the
equipment was to be installed after initial aircraft certification,
then the radio altimeter
[[Page 92426]]
would need to meet a TSO standard and be an FAA-approved device.
GAMA recommended that the FAA use ICAO Document No. 10103 and apply
the rule for helicopters in Sec. 135.160 to powered-lift. The FAA
reviewed ICAO Document No. 10103 and notes that the document indicates
that radio altimeters should only be required in powered-lift that must
perform a forced landing when experiencing a critical power-unit
failure at any stage in the flight profile while operating in
Instrument Meteorological Conditions (IMC).
The FAA agrees with GAMA in that Sec. 135.160 should be applicable
to powered-lift as it is applicable to rotorcraft. However, the FAA
disagrees that the radio altimeter should only be required when a
powered-lift must perform a forced landing when experiencing a critical
power unit failure at any stage in the flight profile while operating
in IMC. As stated in the NPRM, radio altimeters are valuable safety
tools that can provide additional situational awareness during an
inadvertent encounter with IMC, as well as additional situational after
encounters with brownout, whiteout, 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. The situations where a radio
altimeter can provide valuable situational information are not limited
to only operations conducted in IMC conditions but can also occur
during VFR or flights conducted in VMC conditions where a pilot
encounters conditions that they initially did not anticipate.
In response to the comments received, the FAA did not make any
changes to the proposed regulatory text and adopts Sec. 194.308(c) as
final, but as a result of renumbering it is now Sec. 194.306(v).
Section 135.163 outlines the equipment requirements for all
aircraft carrying passengers under IFR. 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 proposed 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 drivetrain system 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.
The FAA received no comments on proposed Sec. 194.308(d) and
therefore adopts Sec. 194.308(d) as final, but as a result of
renumbering it is now Sec. 194.306(w).
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. The FAA determined that paragraph (d) 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)-(3) of Sec. 135.165. Although (g)(1) uses the term
airplane, the FAA proposed 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 proposed that paragraphs (d)
and (g)(1) apply to powered-lift, as this will ensure powered-lift will
be able to communicate as required during IFR and extended over-water
flights.
The FAA received no comments on proposed Sec. 194.307(t) and (u),
and therefore, adopts Sec. 194.307(t) and (u) as final, but as a
result of renumbering they are now Sec. 194.306(x) and (y).
While developing this final rule, the FAA noted that Sec.
135.165(d) inadvertently continued to reference part 119 for the
definition of ``commuter operation.'' The definition of ``commuter
operation'' was moved to Sec. 110.2 in the Operations Specifications
final rule (76 FR 7482, Feb. 10, 2011). The FAA is adopting a permanent
amendment to Sec. 135.165(d) to reflect the current location of the
``commuter operation'' definition.
Section 135.168 contains requirements for emergency equipment for
rotorcraft overwater operations. In the NPRM, the FAA proposed to apply
Sec. 135.168 to powered-lift under Sec. 194.308(e). Under the
proposed Sec. 194.308(e), 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 the NPRM, the FAA indicated that 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.
The FAA received three comments on proposed Sec. 194.308(e).
According to GAMA, certain powered-lift demonstrate the capability
to glide in a manner similar to airplanes when carrying passengers over
water. GAMA asserted that, in such cases, it is imperative that the FAA
apply the relevant airplane version of the rule to ensure appropriate
and effective oversight. GAMA argued that, by recognizing the glide
capabilities of these powered-lift, the FAA can optimize safety
measures and streamline regulations accordingly. GAMA further argued
that it is crucial to take full advantage of the similarities to
airplane operations in these specific scenarios to maintain an
equivalent level of safety for passengers and to facilitate smooth and
efficient operations.
AWPC stated that their aircraft, the AW609, is a tiltrotor and is
designed to operate like a pressurized turboprop airplane when in
horizontal flight mode. AWPC argued that the AW609 has the equipment
and related characteristics of a helicopter to conduct ditching
procedures. This design approach, according to AWPC, addressed the
concerns the FAA stated in the proposed SFAR such as buoyancy and the
duration to remain afloat after ditching in water. AWPC further stated
that the AW609 Tiltrotor has design features such as a door above the
waterline, wing fuel tanks, and a pressurized cabin with closeable
outflow valves, as well as being equipped with an overhead escape hatch
and flotation system. Therefore, AWPC contended that the application of
helicopter rules is inappropriate for the AW609 Tiltrotor and requests
the FAA apply a performance and equipage-based approach to applying
regulations for overwater operations to the AW609 Tiltrotor.
Joby recommended the FAA follow the ICAO guidance for powered-lift,
which Joby stated applies airplane rules to powered-lift for overwater
operations. Joby also recommended that the FAA
[[Page 92427]]
reverse course on many of the proposed powered-lift rules and instead
use helicopter-based rules to align with ICAO Document 10103. Joby
stated that, for situations like overwater operations where helicopter
rules would not be advisable, limitations can be placed in the AFM or,
in very limited situations, addressed through placards. According to
Joby, this approach would result in a more logical transition from
existing aircraft types to powered-lift.
The FAA has reviewed the comments received and as part of the
review, the FAA considered Sec. 136.9, which addresses commercial air
tours operating over water beyond the shoreline. Sections 136.9 and
135.168 are similar because they stipulate when a life preserver is
required to be worn. The FAA determined that the performance-based
criteria of Sec. 136.9(b)(3) could provide flexibility to the life
preserver requirements of Sec. 135.168(b)(1) without any degradation
to safety. Therefore, under Sec. 194.306(z), which addresses Sec.
135.168, the FAA will introduce the provision only requiring the life
preservers to be readily available instead of requiring them to be worn
when the powered-lift is able to meet certain performance requirements.
In order to use this provision under Sec. 194.306(z)(1), the multi-
engine powered-lift must be operated at a weight that will allow it to
climb with the critical engine inoperative or when experiencing a
critical change of thrust, of at least 50 feet a minute, at an altitude
of 1,000 feet above the surface.
The term ``critical change of thrust'' is a new term the FAA has
introduced since the publication of the NPRM, and it can be used for
those powered-lift that do not necessarily have a critical engine. A
critical change of thrust means a failure that would most adversely
affect the performance or handling qualities of an aircraft. This new
term ensures powered-lift that do not have a critical engine but do
experience an adverse effect on performance or handling qualities
resulting from failures of the flight control or propulsive system,
either singular or in combination, must meet the same performance
requirements specified for aircraft that have a critical engine. Adding
the term ``critical change of thrust'' ensures that those novel
aircraft that may not have a critical engine will be required to
demonstrate the same performance requirements as those stipulated for
aircraft with a critical engine, thereby ensuring the same level of
safety is maintained.
The FAA took into consideration the ability of the powered-lift to
remain at least 1,000 feet above the surface after the critical engine
becomes inoperative or the powered-lift experiences a critical change
of thrust. This will ensure a powered-lift will have the ability to
remain out of the water, providing ample time for each occupant to don
their life preservers. For those powered-lift that do not have this
performance capability, the occupants must wear life preservers during
the flight.
The FAA also took into consideration that some powered-lift would
be operated at higher altitudes overwater similar to airplanes, rather
than the lower altitudes at which helicopters normally operate, and the
requirement for each occupant to wear a life preserver when over water
is therefore unnecessary for some powered-lift.
As a result of the foregoing, the FAA amends the proposed rule for
multi-engine powered-lift that are operated at a weight that will allow
it to climb, with the critical engine inoperative or while experiencing
a critical change of thrust, at least 50 feet a minute, at an altitude
of 1,000 feet above the surface. For those powered-lift, life
preservers are not required to be worn but must be readily available
and easily accessible to each occupant. Proposed Sec. 194.308(e) is
adopted as amended, but due to renumbering, it is now Sec. 194.306(z).
Section 135.169 provides additional airworthiness requirements for
large airplanes, as well as 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. Section
135.169 also includes rules about the material used as a liner for
cargo or baggage compartments.
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. The FAA proposed 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 determines will provide an equivalent level of safety in
accordance with Sec. 21.17(b). Powered-lift will spend their cruise
portion of flight similar to airplanes. When a powered-lift is
configured with 10 or more passenger seats or is large, the persons
riding on the powered-lift should be afforded the same level of safety
afforded to passengers on an airplane.
Section 135.169(b), which applies to operators of small airplanes
that have a passenger seating configuration, excluding pilot seats, of
10 seats or more, requires certain type certifications for such small
aircraft. Since powered-lift are currently in development, the FAA has
determined that Sec. 135.169(b)(2) through (b)(7) should not be
applicable to them. As discussed in the NPRM, the FAA has determined
that Sec. 135.169(b)(1) and (b)(8) should be applicable to powered-
lift. Section 135.169(b)(1) requires that such airplanes be
certificated in the transport category, while (b)(8) requires
certification in the normal category as a multi-engine certification
level 4 airplane, as defined in part 23. The FAA proposed 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). Section 194.307(w) will ensure that 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). The FAA notes that, although
it proposed in the NPRM preamble to apply Sec. 135.169(b)(1) to
powered-lift, paragraph (b)(1) was inadvertently excluded from the
proposed SFAR regulatory text at Sec. 194.307(w). As a result, the FAA
has added Sec. 135.169(b)(1) to the SFAR at Sec. 194.306(bb).
Section 135.169(d) addresses cargo or baggage compartments of 200
cubic feet or greater volume in transport category airplanes by
requiring more flame-resistant materials. The intent of Sec.
135.169(d) is to reduce the risk of fire burning through the
compartment liner and becoming uncontained.\407\ Accordingly, the FAA
proposed in Sec. 194.307(x) that large powered-lift that have a cargo
or baggage compartment of 200 cubic feet or greater will be required to
meet the certification requirements of appendix F to part 25, part III
or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with Sec. 21.17(b).
---------------------------------------------------------------------------
\407\ See Fire Protection Requirements for Cargo or Baggage
Compartments, final rule, 54 FR 7384 (Feb. 17, 1989).
---------------------------------------------------------------------------
The FAA received one comment on proposed Sec. 194.307(v), (w), and
(x) from an individual commenter.
Specifically, the individual commenter sought guidance on the
definitions of small and large powered-lift as used for this rule. The
commenter mentions that part of the NPRM suggests that small powered-
lift are those with 10
[[Page 92428]]
or more passengers. The commenter notes that other parts of the NPRM
suggest that a large powered-lift would be one capable of 10 or more
passengers. The commenter requests that the FAA provide guidance as to
the specific definitions of small and large powered-lift and as to
whether the definition of passenger capacity and cargo compartment type
from Sec. 135.169 applies to powered-lift.
Per Sec. 1.1, passenger seating configuration does not define
small or large aircraft. Instead, whether an aircraft is small or large
is determined by weight alone. Specifically, the definition of large
aircraft contained in Sec. 1.1 is based upon maximum certificated
takeoff weight, not on passenger seating configuration. As such, a
large powered-lift may be configured with less than 10 passenger seats,
while a small powered-lift may be configured with more than 10
passenger seats.
The FAA evaluated the weight parameters for both transport category
airplanes and transport category rotorcraft and determined that the
weight limit for large aircraft (over 12,500 pounds, Sec. 1.1) would
be an appropriate weight at which to apply airplane transport category
standards to powered-lift. Accordingly, small powered-lift would
include powered-lift weighing 12,500 pounds or less. To determine
whether a powered-lift qualifies as small or large, the FAA will use
the existing Sec. 1.1 weight criteria definitions and not the
commenter's suggested seat number because weight thresholds are already
used in the regulations.
The commenter also inquired if the current Sec. 135.169 applies,
specifically in the context of the aircraft's number of passenger seats
and cargo/baggage compartment size.
As stated in the NPRM, Sec. 194.306(aa) through (cc) will require
certain Sec. 135.169 subparagraphs to apply based on the powered-
lift's seating and cargo/baggage compartment size. The additional Sec.
135.169 airworthiness requirements would be required for powered-lift
based on the same criteria specified for airplanes, large airplanes (as
defined in Sec. 1.1), or small airplanes with a passenger-seating
configuration, excluding pilot seats, of 10 or more. Therefore, large
powered-lift, or small powered-lift with a passenger-seating
configuration, excluding pilot seats, of 10 or more, would have to
comply with the additional airworthiness requirements in Sec. 135.169.
Moreover, large powered-lift that have a cargo or baggage
compartment of 200 cubic feet or greater in volume would be required to
meet the certification requirements of appendix F to part 25, part III,
or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with Sec. 21.17(b).
In response to the comments received, the FAA did not make any
changes to the proposed regulatory text. Therefore, the FAA adopts
Sec. 194.307(v), (w), and (x) as final, but as a result of renumbering
they are now Sec. 194.306(aa), (bb), and (cc).
Section 135.170 lists the requirements for materials used in the
compartment interiors of specific airplanes. Some powered-lift may be
able to transition to a landing quickly; however, others may have
descent, landing, and evacuation times similar to airplanes so to
provide an equivalent of safety for passengers the FAA determined this
rule should be applicable to large powered-lift. The FAA proposed in
Sec. 194.307(y) and (z) that large powered-lift must comply with the
applicable paragraphs of Sec. 135.170(b)(1) and (b)(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. The FAA asserted that the
flame propagation requirements applicable to transport category
airplanes should also be applicable to large powered-lift in order 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).
The FAA received no comments on proposed Sec. 194.307(y), (z), and
(aa), and therefore adopts Sec. 194.307(y), (z), and (aa) as final,
but as a result of renumbering they are now Sec. 194.306(dd), (ee),
and (ff).
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.
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.
The FAA 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. The FAA does not yet have enough information
about the operations of powered-lift to state definitively whether such
aircraft will have the agility and maneuverability of a helicopter
during the cruise portion of flight. The FAA anticipates that 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 received one comment from EASA questioning the logic of
requiring large eVTOL to have thunderstorm detection equipment. EASA
pointed out that many powered-lift operations are expected to be quite
local. EASA also raised the question of waivers for this requirement.
This SFAR is not limited to only eVTOL by the FAA but applies to
all powered-lift that may operate in the NAS, some of which will not be
limited to local area flying. The use of airborne thunderstorm
detection equipment or airborne weather radar contributes to greater
safety in operations, even in local area flying areas, because it
enables the pilot to detect and locate severe adverse weather areas
early. The equipment also enables the pilot to avoid those thunderstorm
areas and take other actions necessary for safety of the flight.
Furthermore, the FAA has concluded that this equipment is an additional
safety benefit for aircraft with 10 or more passenger seats. Throughout
the FAA's regulations, 10 or more passenger seats is a threshold at
which many additional regulatory requirements are imposed in order to
mitigate the risk of carrying the additional people.
In response to the comments received, the FAA will not make any
changes to the final rule, and powered-lift must adhere to the
provisions provided in Sec. 135.173(a) as written for all aircraft
that have a passenger seating configuration, excluding any pilot seat,
[[Page 92429]]
of 10 seats or more in passenger-carrying operations.
Section 135.178 details additional emergency equipment applicable
to airplanes with a passenger seating configuration of more than 19
seats. 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.\408\
---------------------------------------------------------------------------
\408\ 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 threshold requirement in Sec. 135.178. Those powered-
lift should have the requisite procedures and equipment to evacuate
passengers in the event of an emergency such as is currently required
for airplanes. As such, in the NPRM, the FAA proposed in Sec.
194.307(bb) to apply Sec. 135.178 to powered-lift with a passenger
seating configuration of 19 seats or more.
The FAA received no comments on proposed Sec. 194.307(bb);
therefore, the FAA adopts Sec. 194.307(bb) final, but as a result of
renumbering it is now Sec. 194.306(gg).
Section 135.179 contains the conditions required to take off an
aircraft with inoperable instruments or equipment, lists the MEL
requirements, and enumerates which instruments and equipment may not be
contained within the MEL. In 1991, 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 \409\ 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.'' \410\ 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
revealed 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 proposed to make a technical amendment to Sec. 135.179(b)(1)
to reflect that intent by replacing the word airplane with aircraft.
---------------------------------------------------------------------------
\409\ Minimum Equipment List Requirements, 54 FR 3320 (Jan. 23,
1989).
\410\ Minimum Equipment List Requirements, 56 FR 12311 (Mar. 22,
1991).
---------------------------------------------------------------------------
The FAA received no comments on the proposed amendment to Sec.
135.179(b)(1). Therefore, the FAA adopts the amendment to Sec.
135.179(b)(1) as final.
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 transponder signals from nearby aircraft to alert
pilots to the danger of mid-air collisions. The FAA anticipates that
certain powered-lift will have the same relative speed, size, and
passenger-carrying capacity as the airplanes that must be equipped with
TCAS under Sec. 135.180. 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 proposed in Sec. 194.307(cc) this section apply
to powered-lift that have a passenger seat configuration, excluding any
pilot seat, of 10 to 30 seats.
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
AFM. 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.
The FAA received one comment on proposed Sec. 194.307(cc) from
ALPA. ALPA recommended all powered-lift (regardless of seating
capacity) should be equipped with a Terrain Awareness and Warning
System (TAWS) or a Helicopter Terrain Awareness and Warning System
(HTAWS) as applicable, and an Aircraft Collision Avoidance System
(ACAS), as well as CVR and FDR. They asserted that these sources of
information aid in the avoidance of Controlled Flight into Terrain
(CFIT) and Mid-Air Collisions (MAC), and they all directly enhance
flight safety. ALPA recommended that, when a TCAS system is required
for traditional airplanes or helicopter operations, under the SFAR it
should also be required for powered-lift regardless of seat capacity,
to ensure the highest level of safety in this new and novel aircraft
type and operations.
The FAA agrees with ALPA that a TCAS provides valuable collision
avoidance information to flightcrew during flight. However, the FAA
disagrees that all powered-lift, regardless of the passenger seat
configuration, should be required to install a TCAS. When the FAA
promulgated the TCAS final rule of 1989, the categories of commercial
aircraft for which TCAS I or II will be required were based on the
provisions of Pub. L 100-223 and on the relative speed of the aircraft,
the size of the aircraft, and the number of passengers per aircraft who
would benefit from TCAS installation. The FAA anticipates some powered-
lift will have the same relative speed, size, and passenger-carrying
capacity as the airplanes required to be equipped with TCAS. As such,
those powered-lift of similar size will be required to equip their
aircraft with TCAS.
The FAA believes the criteria established for TCAS installations in
aircraft with 10 to 30 passenger seats is still valid today. Aircraft
below the 10-passenger seat threshold are smaller and therefore don't
have the same need for TCAS. Additionally, the FAA believes the
associated costs for requiring a higher standard than what is currently
in place for other aircraft will place this new emerging industry at an
unfair disadvantage. The SFAR enables the FAA to collect data to inform
the FAA on future rulemaking for powered-lift operations, and once
powered-lift operations become more commonplace and the FAA has a
better understanding of the operational complexities for these
aircraft, the FAA could consider making a future adjustment to the TCAS
requirements. However, at this time, the FAA will require TCAS be
installed on powered-lift that have a passenger seat configuration of
10 or more passenger seats.
In response to the ALPA comment, the FAA did not make any changes
to the proposed regulatory text. Therefore, the FAA adopts Sec.
194.307(cc) as final, but as a result of renumbering it is now Sec.
194.306(hh).
Section 135.181 details performance requirements for all aircraft
operated over-the-top \411\ or in IFR conditions. The FAA proposed in
Sec. 194.308(f) to apply Sec. 135.181(b) to all powered-lift. A
powered-lift that is able to meet the performance requirements of Sec.
135.181(b) would provide the same
[[Page 92430]]
level of safety established for helicopters. This exception would
provide the same economic relief to powered-lift operators as that
experienced by helicopter operators. In the NPRM the FAA did not
propose any changes relating to Sec. 135.181(a)(2) because this
paragraph applies to all multi-engine aircraft.
---------------------------------------------------------------------------
\411\ Over-the-top means above the layer of clouds or other
obscuring phenomena forming the ceiling.
---------------------------------------------------------------------------
The FAA received two comments on proposed Sec. 194.308(f), one
from GAMA and one from Joby.
GAMA recommended that the FAA apply the rotorcraft or helicopter
rules in Sec. 135.181 to powered-lift. GAMA agrees with the FAA that
it was appropriate to allow powered-lift to use the performance
requirements of Sec. 135.181(b) when conducting offshore passenger-
carrying operations.
The FAA received a comment from Joby not directly specifying Sec.
135.181 but relating to Sec. 135.183(c), which is a performance
requirement for a multi-engine aircraft to maintain a certain altitude
above the surface when a critical engine is inoperative. Joby's comment
regarding Sec. 135.183 advocated that the FAA use another term to
capture aircraft that do not have a ``critical engine'' but may have
other powerplants that could experience a loss of thrust impacting the
aircraft's ability to stay aloft. As this comment raised the concern
about powered-lift without a ``critical engine,'' the FAA is including
Joby's comment here.
The term ``critical change of thrust'' will be added to the SFAR
alongside the current term ``critical engine'' in order to ensure that
the performance requirements currently stipulated in Sec.
135.181(a)(2) and (b) will apply to those powered-lift that do not have
a critical engine but can experience a critical change of thrust.\412\
Using the term ``critical change of thrust'' ensures that those novel
aircraft that may not have a critical engine will be required to
demonstrate the same performance requirements as those stipulated for
aircraft with a critical engine, thereby ensuring the same level of
safety is maintained.
---------------------------------------------------------------------------
\412\ For a more detailed discussion on ``critical change of
thrust'' see Section V.C.3 regarding Sec. 135.168.
---------------------------------------------------------------------------
As a result, the FAA will add the term ``critical change of
thrust'' with respect to powered-lift under Sec. 135.181(a)(2) and
(b). The FAA adopts Sec. 194.306(ii), which addresses Sec.
135.181(a)(2), as final. The FAA also adopts the proposed Sec.
194.308(f) and the new verbiage of ``critical change of thrust'' as
final. Due to renumbering, the proposed Sec. 194.308(f) is being
adopted as Sec. 194.306(jj).
Section 135.183 provides the performance requirements for land
aircraft to operate over water. Section 135.183(a) requires that any
aircraft operate at an altitude that allows it to reach land in the
event of an engine failure. Section 135.183(b) allows overwater
operations strictly limited to only takeoff and landing operations.
Section 135.183(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. Section 135.183(d) allows helicopters the
option of installing floats if they are unable to meet the requirements
of paragraph (a) or (c). Section 135.183(a)-(c) are applicable to
powered-lift because those paragraphs reference aircraft.
The FAA anticipates that powered-lift may be utilized in the same
fashion as helicopters carrying passengers over water. Some powered-
lift may not be equipped with floats. Powered-lift that are equipped
with a flotation device will provide the same level of safety that is
currently extended to helicopters since that flotation device will have
gone through the FAA certification process. The FAA expects that a
powered-lift equipped with floats would land similarly to a float-
equipped helicopter. Accordingly, the FAA proposed 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
paragraphs (a) or (c).
The FAA received four comments on proposed Sec. 194.308(g),
relating to Sec. 135.183.
In their comment, Joby agreed with the FAA's proposal to include
powered-lift with all references to helicopter floats.
Joby stated that most electric powered-lift being developed now use
distributed electric propulsion (DEP) systems that include multiple
electric engines/electric power units (EPUs). They also mention that
some of these designs may not have a single engine that could fail and
be critical for performance or handling qualities. According to Joby,
with some of these DEP propulsion designs there may be likely failures
that don't result in total loss of a single engine, result in partial
loss of thrust on multiple engines, result in total loss of thrust on
multiple engines/stations simultaneously, or other non-intuitive engine
failure scenarios. For these reasons, airworthiness criteria and design
standards have adopted the concept of ``critical loss of thrust'' for
showing compliance for performance and handling qualities. Joby
asserted the term ``critical loss of thrust'' is specific to the
aircraft and the electric propulsion system designs being used.
Therefore, Joby recommended revising Sec. 135.183(c) to better
accommodate multi-engine aircraft with distributed electric propulsion
systems by adding ``or critical loss of thrust for distributed electric
propulsion systems.'' Additionally, Joby stated, aircraft that can be
shown to climb after a critical loss of thrust should be provided
appropriate credit.
In their comment, EASA inquired what the FAA expects the buoyancy
and demonstrated sea states to be, since the FAA is offering the option
to install floats for powered-lift unable to meet the requirements of
Sec. 135.183(a) or (c).
AWPC stated that their aircraft, the AW609 a tiltrotor, is designed
to operate like a pressurized turboprop airplane when in horizontal
flight mode and has the equipment and related characteristics of a
helicopter to conduct ditching procedures. This design approach,
according to AWPC, addresses the concerns the FAA stated in the NPRM,
such as buoyancy and the duration to remain afloat after ditching in
water. The AW609 tiltrotor has design features such as a door above the
waterline, wing fuel tanks, and a pressurized cabin with closeable
outflow valves. It is also equipped with an overhead escape hatch and
flotation system. Therefore, AWPC contended that the application of
helicopter rules is inappropriate for the AW609 tiltrotor and requests
the FAA apply a performance and equipage-based approach to applying
regulations for overwater operations to the AW609 Tiltrotor.
GAMA argued that certain powered-lift demonstrate the capability to
glide in a manner similar to airplanes when carrying passengers over
water. GAMA asserted that, in such cases, it is imperative that the FAA
apply the relevant airplane version of the rule to ensure appropriate
and effective oversight. By recognizing the glide capabilities of these
powered-lift, GAMA argued that the FAA can optimize safety measures and
streamline regulations accordingly. GAMA stated that it is crucial to
take full advantage of the similarities to airplane operations in these
specific scenarios to maintain an equivalent level of safety for
passengers and facilitate smooth and efficient operations.
The FAA agrees with Joby that another term to capture aircraft that
does not have a ``critical engine'' but may have other powerplants that
could experience a loss of thrust impacting the aircraft's ability to
stay aloft needs to be
[[Page 92431]]
addressed. The FAA did not include the term ``distributed electric
propulsion'' as recommended by Joby because the FAA determined this
change should apply to all future propulsion systems that could
experience a critical change of thrust, and not just those that are
electrically driven. Therefore, the FAA will add ``or while
experiencing a critical change of thrust'' under Sec. 194.306(kk)(1)
in the final rule thereby ensuring the safety mitigations for land
aircraft operated over water under Sec. 135.183(c) will also apply to
powered-lift that may not have a critical engine.\413\ This provision
is adopted at Sec. 194.306(kk).
---------------------------------------------------------------------------
\413\ For a more detailed discussion on ``critical change of
thrust'' see Section V.C.3 regarding Sec. 135.168.
---------------------------------------------------------------------------
In response to GAMA's comment, the FAA states the requirements
found in Sec. 135.183 provides risk mitigations for all land aircraft
when operated over water. This rule as written would apply to powered-
lift except for paragraph (d), which as written for helicopters. To
operate a powered-lift over water carrying passengers under part 135,
the powered-lift must be operated at an altitude that allows it to
reach land in the case of an engine failure. All aircraft are allowed
to operate over water when it is necessary for takeoff or landing. Any
aircraft that is multiengine and has the performance capability to
climb, with the critical engine inoperative, at least 50 feet a minute,
at an altitude of 1,000 feet above the surface will also be allowed to
operate over water. Per Sec. 194.308(g), powered-lift that cannot
climb, with the critical engine inoperative or experiencing a critical
change of thrust, at least 50 feet a minute, at an altitude of 1,000
feet above the surface must equip their aircraft with flotation devices
in order to operate over water. The FAA anticipates that most powered-
lift will be multi-engine and could have the performance capability to
stay out of the water, but if they don't and the powered-lift lacks
that performance capability, the operator must install flotation
devices or stay high enough to be able to either glide or autorotate to
reach land in the case of engine failure.
The FAA believes the requirements that are currently in Sec.
135.183 for all aircraft are in line with the comments received from
both GAMA and AWPC aimed at following the airplane requirements. The
only difference is the flotation requirement the FAA will place on
powered-lift should they not have the performance capability to stay
out of the water. As addressed in the overwater requirements of
Sec. Sec. 135.168, 136.9, and 136.11, the FAA does not know whether or
not a powered-lift will take on water like a helicopter or float for a
longer period of time like an airplane after ditching. AWPC requested
the FAA apply a performance-based approach to applying overwater
regulations. That performance-based approach is already found in Sec.
194.306(kk), addressing Sec. 135.183(c).
In response to EASA's request on the expected buoyancy and
demonstrated sea states, the FAA notes that buoyancy and sea states are
defined within aircraft certification (combination of regulation and
guidance material) if a ditching approval is sought. If a powered-lift
applicant requests this approval, then the FAA would apply the
appropriate airworthiness criteria from the existing airworthiness
standards to meet the equivalent level of safety as required under
Sec. 21.17(b).
In response to the comments received, the FAA made one change to
the regulatory text at Sec. 194.306(kk) by using the term ``or while
experiencing a critical change of thrust.'' The FAA is not making any
changes regarding the provision to require powered-lift to be equipped
with floats when unable to otherwise meet the requirements of Sec.
135.183(a) and (c). The FAA is therefore adopting the proposed Sec.
194.308(g), though due to renumbering, it is being adopted as Sec.
194.306(ll).
4. 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. Different minimum altitudes for airplanes
and helicopters exist because the special flight characteristics of a
helicopter enable it to accomplish an emergency landing in a small
space relative to an airplane. Additionally, the maneuverability of a
helicopter permits it to make corrective actions in less distance than
most airplanes. This enables a helicopter to be operated over congested
areas at 300 feet above the surface without compromising the safety of
persons or property on the surface.
In the NPRM, the FAA proposed in Sec. 194.307(dd) to apply the
airplane minimum altitude requirements of Sec. 135.203(a) to powered-
lift. The FAA anticipates that many powered-lift operators will prefer
to utilize lift provided by the wing for as long as practicable in
order to gain efficiencies in speed and range. The FAA expects that the
transition from forward flight to vertical flight will require
additional time, distance, and altitude for powered-lift. 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 received seven comments in response to the proposed Sec.
194.307(dd). Several commenters disagreed with proposed Sec.
194.307(dd) and recommended applying the helicopter requirements of
Sec. 135.203(b) instead. CAE and NBAA argued that the rationale
provided by FAA for allowing powered-lift to use copter procedures
should justify applying helicopter MSA requirements to powered-lift.
CAE stated that powered-lift are capable of vertical takeoff and
landing in small spaces and have helicopter-like maneuverability.
Furthermore, CAE noted that the FAA is allowing powered-lift to use
part 97 copter instrument procedures, recognizing the vertical
capabilities of these aircraft, but then does not apply the same
premise to minimum safe altitudes.
Lilium said that, although autorotation is a key feature for
helicopters, it should not be the primary factor that allows powered-
lift to operate using helicopter minimums. Lilium suggested determining
on a case-by-case basis whether a powered-lift should be allowed to use
the helicopter requirements of Sec. 135.203(b), taking into
consideration the aircraft's redundant propulsion systems, equipment,
operational environment, and design.
Archer recommended replacing category-based operational rules
regarding minimum safe altitude with type-specific rules informed by
the type certification and FSB process, similar to that proposed in the
NPRM for the airworthiness evaluation and eligibility for copter
procedures. Archer believed using this method to establish the
operational rules would allow the FAA to evaluate the operational
capabilities of each powered-lift before deciding which operational
rules are appropriate. Archer argued that such evaluations would
achieve the goal of an equivalent level of safety through performance-
based rulemaking. Archer further stated that powered-lift which share
the key operating capabilities that enable helicopters to safely
operate at lower altitudes and reduced weather minima should be subject
to the same operating rules.
[[Page 92432]]
Eve asserted that the FAA has assigned powered-lift with the
minimum safe altitude specified for airplanes based on two assumptions:
that most powered-lift flights while in cruising phase are performed in
wing-borne flight mode, and that, even if considering the possibility
of transitioning from wing-borne to vertical flight mode in case of an
emergency, that requires a safe landing in some place in the city,
which would result in a loss of altitude. Even though the first
assumption is valid for most powered-lift, Eve alleged that the second
assumption deserves further consideration. Eve argued that the time,
distance, and speed necessary to transition from wing-borne flight mode
to vertical-lift flight mode should be considered when applicable to
powered-lift operating in an urban environment. Without knowing those
parameters, Eve argued that it is not reasonable to assume that
powered-lift will perform as an airplane and not as a helicopter when
time, speed, and speed necessary to transition are taken into
consideration. Eve stated that, for most powered-lift, those time,
distance, and speed responses will have a suitable certified
performance because of the use of MEPS (Multi-Electric Propulsion
System), which Eve alleged will provide increased thrust, efficiency,
and redundancy to minimize any possible loss of altitude. Therefore,
Eve recommended that the FAA apply the helicopter provisions of Sec.
91.119(b)(1) and Sec. 135.203(b) to powered-lift.
AWPC stated that the FAA's proposal to limit powered-lift to
airplane MSAs will inhibit their AW609 Tiltrotor powered-lift from
conducting low-altitude missions such as Search and Rescue (SAR) and
Air Ambulance. AWPC stated that, while operating in horizontal flight
mode, the AW609 crews can reach the distressed person or patient faster
than helicopters. However, AWPC argued that, without the ability to
operate at helicopter MSAs, even in vertical flight mode, the AW609
Tiltrotor would not be authorized to operate on the helicopter routes
or even land at a hospital helipad. AWPC asserted that the minimum
altitudes for powered-lift should be based on aircraft performance and
capabilities. AWPC agreed that powered-lift operating in horizontal
flight mode should operate in accordance with airplane MSA. However,
AWPC argued that powered-lift capable of demonstrating category A
performance or an ability to autorotate comparable to helicopters, such
as the AW609 Tiltrotor, should be allowed to operate at helicopter MSA
when in vertical flight mode.
GAMA stated that powered-lift possess helicopter-like
maneuverability, safe operation at low airspeeds and altitudes, and the
capability of vertical takeoff and landing. Given these
characteristics, GAMA felt that the helicopter provisions of this rule
should apply.
Joby argued that, depending on the powered-lift's characteristics,
the MSA rules for helicopters should be applied. Joby pointed to the
ability of powered-lift to take off and land vertically in relatively
small spaces, similar to a helicopter. Joby also states that many
electric powered-lift currently in development have distributed
electric propulsion systems, which Joby alleged provide a high level of
redundancy in producing thrust and lift. Joby argued that requiring a
higher minimum safe altitude for these powered-lift flight operations
is not necessary to maintain an equivalent level of safety. For those
aircraft which incorporate multiple electric engines or electric
propulsion units, Joby alleged that the loss of a single electric
engine/electric propulsion unit (EPU) or even a critical loss of thrust
would not directly endanger the crew or passengers or create an undue
hazard to persons or property on the ground. According to Joby,
following an engine failure, these aircraft will be able to continue
safe flight. Joby suggested powered-lift provide a higher level of
safety than single engine airplanes or helicopters.
Joby specifically pointed to powered-lift flying air tour and air
taxi operations, arguing that the ability to fly at lower minimum safe
altitudes increases their ability to navigate under and around
congested airspace, deconflict with other aircraft, fly missions more
efficiently, and better meet market and community objectives in a
manner consistent with safety. Joby believed that establishing higher
minimum safe altitudes will inadvertently reduce safety while also
negatively affecting marketability and community service. Joby also
believed that, by allowing flight below airspace shelves or below
approach paths, which is common for helicopters, operational safety
will be improved while allowing for more inherent traffic
deconfliction. Joby argued that this is especially important for
electric powered-lift that have relatively shorter range and endurance
capabilities than traditional aircraft.
In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS argued
that, considering the FAA is allowing powered-lift to use part 97
copter instrument procedures, thereby recognizing the vertical
capabilities of these aircraft, the FAA should apply the same premise
to minimum safe altitudes.
The FAA evaluated the information from the commenters and therefore
will create a performance-based rule allowing powered-lift to use an
altitude lower than specified for airplanes. The FAA considered the
special flight characteristics of a helicopter, which can accomplish an
emergency landing within a relatively small space as noted in the Part
60--Air Traffic Rules final rule.\414\ The FAA has concluded that
powered-lift that are able to autorotate or conduct an approved
equivalent maneuver should be allowed to use the same VFR minimum
altitudes as provided to helicopters. This provision is adopted at
Sec. 194.306(mm) and (nn). To use this provision, the powered-lift
will have to be operating either in the vertical-lift flight mode or
when operating in the wing-borne flight mode be able to transition from
wing-borne flight to the vertical-lift mode and then conduct a safe
autorotation or approved equivalent maneuver that permits a controlled
descent to a landing.
---------------------------------------------------------------------------
\414\ Part 60--Air Traffic Rules, final rule, 20 FR 6694, 6695
(Sept. 13, 1955).
---------------------------------------------------------------------------
When operating in the vertical-lift flight mode, the powered-lift
must be certificated and be able to conduct an autorotation or an
approved equivalent maneuver to a landing. Then the provisions of Sec.
135.203(b) will apply. If a powered-lift is not certificated or able to
conduct an autorotation or an approved equivalent maneuver to a
landing, then the minimums specified in Sec. 135.203(a) would apply.
In order to utilize a lower VFR minimum altitude in the wing-borne
flight mode, an operator must be authorized by Operations
Specifications. The Operations Specification will specify the VFR
minimum altitude for each type of powered-lift. To receive this
authorization, the powered-lift's AFM must have a minimum altitude
specified that enables a transition from wing-borne flight to the
vertical-lift mode and then conduct a safe autorotation or approved
equivalent maneuver that permits a controlled descent to a landing.
This authorization will be granted to each specific type of powered-
lift since each type could have a different minimum altitude specified
in the respective AFM. When operating in the wing-borne flight mode a
powered-lift in no case will be allowed to go below 300 feet above the
surface. If the powered-lift does not have this
[[Page 92433]]
limitation established in their flight manual, then when operating in
the wing-borne flight mode, they will be limited to the airplane
criteria found in Sec. 135.203(a) for day and night operations. This
is reflected in the amended Sec. 194.307(dd), which is renumbered as
Sec. 194.306(mm).
Section 135.205 provides the visibility requirements for an
airplane or helicopter operating under VFR in uncontrolled airspace.
The FAA proposed in Sec. 194.307(ee) that powered-lift operating under
VFR in uncontrolled airspace would be required to maintain the ceiling
and visibility requirements detailed for airplanes under Sec.
135.205(a). The FAA based this proposal on the conclusion that powered-
lift will have the potential to fly at airspeeds higher than rotorcraft
and may need additional visibility to safely identify other aircraft
and obstacles and to make appropriate corrective actions.
The FAA received nine comments on proposed Sec. 194.307(ee). The
FAA received one comment that agreed with the FAA proposal, seven
comments that disagreed and wanted the FAA to apply requirements other
than those specified for airplanes, and one comment relating to air
ambulance operations.
Electra.aero supported the FAA's rationale and decision to apply
airplane VFR/IFR weather minima to electric powered-lift. Electra.aero
noted that powered-lift will have increased maneuverability and the
ability to hover or loiter at lower speeds, similar to helicopters.
However, according to Electra.aero, many electric powered-lift will be
limited by the battery thermal capability and will only have the
ability to hover for a few minutes.
Archer recommended replacing category-based operational rules
regarding visibility minimums in favor of type specific rules informed
by the type certification and FSB process. Archer argued that this
method to establish the operations rules would allow the FAA to
evaluate the operational capabilities of each powered-lift before
deciding which operational rules are appropriate. Archer further
asserted that powered-lift which share the key operating capabilities
that enable helicopters to safely operate in reduced weather minima
should be subject to the same operating rules.
CAE stated that many powered-lift will cruise at speeds lower than
a fast helicopter but points out that the weather minimums for those
helicopters have not been increased to mirror the airplane minimums.
CAE also mentioned that, currently, weather minimums are not based only
on speed but also on maneuverability. Considering the ability of
helicopters to operate at lower speeds and with increased
maneuverability while maintaining safety under less restrictive minima,
CAE suggested that same criteria should be considered for powered-lift.
AWPC contended that the blanket application of airplane VFR
minimums for all powered-lift is prohibitive. AWPC asserted that their
AW609 Tiltrotor can operate in vertical flight mode with
maneuverability characteristics consistent with helicopters. AWPC
argued that basic VFR and special VFR operations should be based on
mode of flight.
Lilium urged the FAA to adopt a similar comprehensive and risk-
based approach as Lilium suggested for altitude requirements. Lilium
also suggested that the FAA evaluate the capabilities and performance
of individual powered-lift for operating under the helicopter VFR
weather requirements. Lilium argued that powered-lift are designed to
operate in low-altitude environments (below 10,000 mean sea level (MSL)
for short routes. Lilium asserted that utilizing helicopter VFR minimum
weather requirements may improve airspace congestion and energy
efficiencies with the ability to operate at lower in-route altitudes.
Lilium noted that ICAO Document 10103 provides guidance for the
application of the appropriate operating rules based on the aircraft's
performance characteristics demonstrated during type certification,
effectively allowing powered-lift to utilize helicopter requirements if
they are determined to be capable of safely operating under such
conditions. Lilium suggested that the FAA consider adopting a similar
performance-based approach, aligning with international standards and
enabling U.S. operators to be competitive on a global scale. Lilium
concluded by stating this approach will ensure each aircraft's safety
capabilities are considered when determining appropriate visibility
requirements.
GAMA stated the proposal to use the operational rules for airplanes
limits the acceptability of rotorcraft rules and does not establish a
pathway for the development and application of performance-based rules.
GAMA mentioned that the application of prescriptive operating rules
without consideration for the aircraft's performance reduces the
usefulness of powered-lift. They strongly recommended the FAA to
consider the diverse capabilities of powered-lift and propose applying
appropriate operating rules based on the performance characteristics of
each powered-lift. Similar to Lilium, GAMA advocated for the FAA to
adopt the approach laid out in ICAO Document 10103. GAMA stated that
their members understand ICAO Document 10103 as an example of a
performance-based approach that was developed for a large turbine-
powered configuration. While the document primarily focuses on large
turbine-powered tilt-rotors, GAMA argued that the document explicitly
acknowledges that tilt-rotors are part of the powered-lift category.
GAMA noted that, while the manual doesn't specifically address all
types of powered-lift, it foresees its use as a basis for other civil
powered-lift as they mature in design. GAMA argued that the FAA should
recognize and allow operations based on the full capabilities of
powered-lift to allow application of rotorcraft rules when appropriate,
based on aircraft performance to ensure safety and operational
effectiveness. GAMA firmly believed that regulations should encompass
the entire spectrum of powered-lift.
GAMA suggested that the FSB report, type certificate data sheet,
AFM, and other documents provide methods to establish appropriate
operating rules. GAMA argued that an operator's Safety Management
System (SMS), operational control policies, training requirements, and
other factors demonstrate their capabilities. To achieve this, GAMA
suggested the FAA can add ``unless as otherwise specified,'' ``unless
otherwise authorized by the Administrator,'' or ``as specified per
Flight Standardization Board report'' to Sec. Sec. 194.302, 194.303,
194.307, and 194.308.
GAMA concluded by saying that powered-lift possess helicopter-like
maneuverability, safe operation at low airspeeds and altitudes, and the
capability of vertical takeoff and landing. Given these
characteristics, GAMA asserted that the helicopter provisions for
visibility minimums should apply to powered-lift.
Joby argued that powered-lift currently in development are mostly
like helicopters in terms of performance and maneuverability
capabilities. Joby stated that most electric powered-lift will cruise
at speeds less than the fastest helicopters. Joby stated that powered-
lift are able to abort continued flight and can land immediately if
conditions deteriorate quickly. Joby argued that these qualities should
allow electric powered-lift to operate at lower visibility and cloud
clearance distances while maintaining the same degree of safety as
fixed-wing aircraft flying under
[[Page 92434]]
more restrictive minima per the FAA's own rationale and previous policy
established for helicopters. According to Joby, VFR visibility and
cloud separation requirements also provide a safety margin from
unintentional flight into Instrument Meteorological Conditions. Joby
suggested that powered-lift can be operated with reduced visibility and
cloud separation minima, while still maintaining the same degree of
safety as fixed-wing aircraft flying under more restrictive minimums.
Joby recommended that the FAA establish special allowances for VFR
weather minima as a function of the type of operation being conducted,
such as urban air taxi service, air ambulance, air tours, or regional
travel. Joby argued that the FAA should consider the benefits of
enhanced vision systems to support operations in basic VFR minimums.
In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS asserted
that many powered-lift will cruise at speeds lower than fast
helicopters, such as the Bell 429, Eurocopter AS365, and many other
helicopter types, yet the weather minimums for those helicopters are
not increased to the airplane minimums. Therefore, they contended that
weather minimums are not based only on speed but also on
maneuverability.
Airbus Helicopters asserted that some powered-lift designs may have
performance characteristics comparable to helicopters and are expected
to perform emergency medical services. They provided that the FAA's
proposed approach is restrictive and could prevent the development of
medical services with powered-lift. They recommended the FAA reconsider
the application of these for powered-lift performing air ambulance
operations.
In response to Airbus Helicopters comment, the FAA refers Airbus
Helicopters to the visibility requirements specified for air ambulance
operations as provided in Sec. 194.306(qqq), pertaining to Sec.
135.609. In the final rule the FAA made provisions for powered-lift
conducting air ambulance operations to use visibility requirements
based upon the mode of flight.
In reconsidering the proposal requiring powered-lift to comply only
with airplane visibility minimums, the FAA has carefully re-evaluated
the purpose of the visibility regulations established for helicopters
to help determine if the justification used for helicopters could be
applied to powered-lift today. The FAA considered the commenters'
assertions that weather minimums are not only based on speed but also
on the maneuverability of an aircraft. The FAA agrees with the
commenters that helicopters, which operate at lower speeds, benefit
from the increased maneuverability while maintaining safety under a
less restrictive visibility minima. The FAA believes powered-lift
operating in the vertical-lift flight mode will benefit from increased
maneuverability. The FAA has concluded that, when a powered-lift is
operating in the vertical-lift flight mode at a speed that allows the
pilot to see and avoid any other air traffic or any obstructions in
time to avoid a collision, a lower visibility minimum can be used
without any degradation of safety.
Therefore, the FAA will incorporate a change from the visibility
minimums proposed in Sec. 194.307(ee) of the NPRM by allowing powered-
lift operating in the vertical-lift flight mode to comply with the
helicopter visibility minimums of \1/2\ mile during the day and 1 mile
at night. This provision is adopted at Sec. 194.306(pp). This lower
visibility minimum will be limited to VFR at an altitude of 1,200 feet
or less above the surface or within the lateral boundaries of the
surface areas of Class B, Class C, Class D, or Class E airspace
designated for an airport. Powered-lift seeking to use the helicopter
visibility minimums must be operated at a speed that allows the pilot
enough time to see and avoid any other air traffic, or any obstructions
in time to avoid a collision. All powered-lift operating in the wing-
borne flight mode, and those operating in the vertical-lift flight mode
which cannot be operated at a speed that allows the pilot enough time
to see and avoid any other air traffic or any obstructions to avoid a
collision, must comply with the airplane visibility minimums prescribed
in Sec. 135.205(a). The FAA will adopt the proposed Sec. 194.307(ee)
as amended, though due to renumbering, it is being adopted as Sec.
194.306(oo).
Section 135.207 outlines helicopter surface reference requirements
under VFR. The FAA anticipates that powered-lift will be equipped with
advanced technologies and flight instrumentation that will provide
adequate situational awareness as well as an ability to maintain
positive control of an aircraft in lower light and visibility
situations. The FAA proposed in Sec. 194.308(h) that Sec. 135.207
will only apply to powered-lift that do not have the flight
instrumentation listed in Sec. 135.159 installed and operable. This
will ensure that the pilot can safely control a powered-lift that is
manufactured without flight instruments required by Sec. 135.159.
The FAA received two comments on proposed Sec. 194.308(h), one
from AWPC and one from GAMA. AWPC suggested that the title of Sec.
135.207 should be amended to ``Helicopters and powered-lift surface
reference requirements.'' For the text of Sec. 135.207, AWPC suggested
that the phrase ``or powered-lift'' be added after ``no person may
operate a helicopter.''
GAMA recommended that the FAA should use the ICAO guidance provided
for helicopters most of the time. Similar to AWPC, GAMA placed the term
powered-lift alongside helicopter for Sec. 135.207 in their
recommendation for the FAA to follow ICAO. The change suggested by AWPC
and GAMA for Sec. 135.207 is too restrictive and would prohibit
powered-lift from flying VFR over the top, or at night without visual
surface references, even when a powered-lift has the instruments
specified in Sec. 135.159 to conduct the operation safely. As stated
in the NPRM, the FAA anticipates that powered-lift that are equipped
with advanced technologies and flight instrumentation will provide
adequate situational awareness as well as an ability to maintain
positive control of an aircraft in lower light and visibility
situations. The FAA will adopt the proposed rule as final, though due
to renumbering, it is being adopted as Sec. 194.306(qq).
Section 135.209(a) requires airplanes 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. Section 135.209(b) states that helicopters must have enough
fuel to fly to the first point of intended landing, considering wind
and forecast weather conditions, and enough fuel to fly after that for
at least 20 minutes regardless of day or nighttime.
In the NPRM, the FAA proposed in Sec. 194.307(ff) to require
powered-lift to adhere to the fuel reserves set forth in Sec.
135.209(a). This is because powered-lift will likely conduct cruise
operations in configurations similar to airplanes, while they will
conduct takeoff and landing operations in a manner similar to
helicopters. Because powered-lift will predominately use wing-borne
flight during cruise, similar to airplanes, the FAA anticipates that
some powered-lift would 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
[[Page 92435]]
sites, and would benefit from the additional fuel reserves required for
airplanes.
There were 15 comments received for Sec. 194.307(ff). The FAA
received comments from two commenters that agreed with the FAA proposal
and thirteen commenters that disagreed and wanted the FAA to apply
requirements other than those specified for airplanes.
An anonymous commenter agreed with the FAA's proposal, noting that
battery-powered aircraft should have the same energy ``fuel'' reserves
as other propeller or jet aircraft, 30 minutes during the day and 45
minutes at night. The commenter pointed out that weather can be
unpredictable. This commenter provided an anecdote from their own
experience when flying on the Bay area side of the Pacific Coast
mountains. During a flight, by the time the commenter saw the fingers
of fog coming through the mountain passes from the Pacific Coast they
barely had enough time to get back to Palo Alto airport, fly a landing
pattern, and still land in VFR. Additionally, the commenter pointed out
that un-forecast winds could exceed the capability of the powered-lift
to land at a vertiport located on top of a building, thus requiring a
diversion to another location, meriting extra reserves.
The Advanced Air Mobility Institute suggested the FAA consult with
the Department of Defense to determine powered-lift fuel requirements.
Electra.aero supported the FAA's rationale and decision to apply
airplane fuel reserve requirements to eVTOL aircraft. Electra.aero
pointed out that operations in the National Airspace System (NAS)
require margin, which can only come from appropriate reserves to allow
for unexpected circumstances. Electra.aero also noted that electric
energy storage technologies still have significant uncertainties which
warrant this more conservative approach until sufficient operational
experience is achieved.
Archer believed that the application of airplane fuel reserves to
the powered-lift category is inappropriate and argues that the FAA is
failing to consider the unique operational capabilities of powered-lift
that are able to take off and land vertically. Archer pointed out that
there is limited range and endurance inherent in battery electric
propulsion. Archer urged the FAA to consider regulations that will
enable approvals of performance-based fuel reserves tailored
specifically for those eVTOL powered-lift seeking certification.
Archer further argued that aircraft certification should inform the
decision on fuel reserves rather than operational data. For example,
Archer noted that, while helicopters have multiple single-point-of-
failure vulnerabilities, their own ``Midnight'' aircraft has no single-
point-of-failure vulnerabilities, a reliability Archer feels should
also be recognized in the determination of reserve fuel.
Archer pointed out that existing airplane fuel reserve regulations
in part 91 and 135 would permit, as an example, an aircraft operating a
3,000 nm, 5-hour flight, with a requirement to land on runways in
excess of 5,000' in length, to carry just 30 minutes of reserve fuel.
Archer said this should not be the standard applied to an aircraft
anticipated to typically operate less than 50 nm, 20-minute flights.
In order to recognize the unique, short-range operating environment
anticipated by powered-lift eVTOLs, Archer recommended a regulation
that can follow long-standing precedent of the fuel reserve OpSpecs
that are utilized by many part 121 air carriers. Archer argued that
this data-driven fuel planning would recognize that eVTOLs operating on
very short stage lengths are likely to be able to demonstrate, with
data, consistency in operations that enable lower fuel reserves with
equivalent levels of safety.
Archer recommended that the FAA adopt language in part 194 that
will allow for Performance Based Contingency Fuel (PBCF) approvals for
part 135 based on operational data.
CAE asserted that the FAA has failed to consider powered-lift
characteristics and their operating environment. CAE noted that
airplanes require longer fuel reserves because they might have to fly a
farther distance to reach a suitable landing site, while helicopters
are afforded the advantage of shorter fuel reserves because they are
capable of landing in smaller locations. According to CAE, the same is
true for powered-lift, which can land in a vertical mode at the same
types of locations as helicopters.
Additionally, CAE argued that the proposed SFAR prescriptive time-
based requirements do not consider each individual aircraft's
performance-based capabilities when determining fuel reserves. CAE then
suggested that the FAA should apply ICAO Document 10103 when assessing
operational rules, as an application of the ICAO guidance would result
in helicopter fuel reserve regulations being applied to powered-lift.
Additionally, CAE proffered that the FAA should allow operators and
manufacturers to seek waivers or exemptions based on the performance of
their powered-lift.
AWPC argued that powered-lift capable of VTOL should be allowed to
use helicopter VFR fuel reserves and that powered-lift authorized to
utilize copter procedures should be allowed to use helicopter IFR fuel
reserves. AWPC stated that this recommendation aligns with ICAO
Document 10103, which they argue supports applying helicopter fuel
reserves to powered-lift such as the AW609 Tiltrotor. AWPC argued that
a performance-based approach to the fuel reserve requirements for their
own AW609 Tiltrotor is appropriate based on its capabilities consistent
with helicopters and confirmed by the empirical data from the V-22
operations. AWPC believed that applying the helicopter fuel reserves to
their powered-lift likely would exceed the level of safety of existing
helicopters and airplanes.
Eve stated that, while the FAA acknowledges that powered-lift
operations seem to be more aligned with the type of missions
helicopters operate, the FAA still disregards the rotorcraft fuel
reserve requirements of 20-minute regardless of whether the operation
occurs during the day or night. Eve argued that the FAA has opted for a
much more conservative approach without considering the performance-
based capabilities of powered-lift to be operated in urban environment.
Eve recommended considering appropriate operational requirements
applied for energy reserve based on the design and performance
capabilities of each individual certified powered-lift. Eve further
recommended that the FAA consider alignment with ICAO Document 10103
guidance to meet the existing operational safety level applied for
helicopters and airplanes.
Eve recommended for the SFAR that the FAA introduce more practical,
performance-based energy reserve requirements applied for planned
routes and consider the type of energy used by the powered-lift
relating to the operation applied for each type of aircraft (shorter
range, alternate landing sites, energy capacity, performance
capabilities). Eve provided an example of their concept for
``Alternative Energy Reserve Requirement,'' which includes a specific
risk mitigation assessment. Eve's proposed specific risk mitigation
assessment would include at a minimum, certified energy consumption
data provided by the manufacturer, energy planning and in-flight
replanning, the selection of alternate landing sites, and in-flight
energy management.''
Lilium stated that the FAA's proposed requirement will create
obstacles to market success for eVTOL powered-lift
[[Page 92436]]
operators. Lilium recommended a more flexible approach that allows
powered-lift and part 135 commercial operators meeting specific
performance requirements to utilize performance-based and/or helicopter
reserve requirements. Lilium believed that the necessary aircraft
performance criteria could be determined during aircraft certification
and type rating evaluation processes. Lilium also believed the
performance-based requirements combined with the appropriate operator
requirements and evaluations can provide a safer and more appropriate
reserve solution for certain powered-lift.
Lilium suggested taking cues from EASA, which is adopting a
performance-based approach. Lilium suggested similarly embracing modern
and sophisticated energy planning standards that surpass the FAA's
adoption of airplane standards rooted in 1950-70s technology. Lilium
proposed allowing operators who comply with EASA's proposed performance
standards to adopt those standards for U.S. operations, thus enabling
the use of EASA-approved performance-based reserve requirements.
Lilium supported the system framework and concepts outlined in an
upcoming GAMA white paper \415\ and asserts it should be adopted by the
FAA as an alternative to what Lilium sees as overly strict airplane
fuel reserve requirements. Alternatively, Lilium suggested that the FAA
consider applying the 20-minute VFR fuel reserve requirements for
helicopters to powered-lift or have available a performance-based fuel
reserve requirement that would be approved by the FAA, in lieu of
airplane requirements. Lilium believed such an approach, combined with
the appropriate aircraft equipment and operator capabilities, would
better serve the unique operational needs of powered-lift.
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\415\ General Aviation Manufacturers Association, Managing Range
and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-
content/uploads/Managing-Range-and-Endurance-of-Battery-Electric-
Aircraft_v1-1.pdf.
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BETA asserted the FAA's proposal of the existing airplane VFR and
IFR reserve requirements is overly burdensome for powered-lift that may
only be capable of short duration flights and does not consider the
variability in required energy reserves for electric propulsion
powered-lift based on the planned flight profile and landing type. BETA
recommended the FAA add an option for a performance-based fuel reserve
that can be determined based on the capability of the aircraft and the
intended flight plan because they asserted the safety intent of the
fuel reserve requirement can be met by using those parameters.
BETA argued that the initial certified electric propulsion powered-
lift will likely have range capability below traditionally fueled
aircraft of the same size and capability due to current technology
limitations in energy storage. BETA also believed for short duration
flights the existing airplane reserve requirements may represent
carrying more than double the required energy for a VFR mission and
triple the energy required for an IFR mission. BETA argued that this is
a disproportionately heavy burden when compared to the performance
impact of the same reserve on traditional aircraft using standard
aviation fuels. BETA further stated that the FAA's proposed fuel
reserve does not provide a commensurate increase in safety that
balances the reduction in usefulness of the aircraft.
According to BETA, for electric propulsion aircraft, the rate of
energy consumption is significantly higher during vertical flight
operations like takeoff and landing and is not generally proportional
to duration of flight or distance flown. BETA also mentioned that
electric propulsion powered-lift will have variable energy reserve
needs based on the planned flight profile.
The Vertical Aerospace Group stated the 30-minute energy reserve
requirement for day VFR operation is overly conservative and fails to
consider the unique operating characteristics of powered-lift, which
are capable of vertical landings and performing approach and go-around
maneuvers in low-speed thrust-borne mode, allowing more flexibility in
emergency conditions.
The Vertical Aerospace Group argued that the proposed reserve
requirement will hinder the development of the powered-lift industry in
the United States. According to the Vertical Aerospace Group, eVTOLs
are primarily designed for short distances, such as urban air mobility
operations, and applying fuel reserve requirements for airplanes, which
often undertake longer cross-country flights, is not aligned with the
typical mission profiles of powered-lift eVTOLs and could hinder growth
of this emerging sector.
Given the variation of aircraft designs within the powered-lift
category, the Vertical Aerospace Group encouraged the FAA to take a
performance-based approach, setting fuel requirements based on the
performance and the type of operation of the specific aircraft,
allowing for a more tailored approach in which the overall design,
operational profile, and safety requirements of the aircraft are
considered. In addition, the Vertical Aerospace Group stated that such
an approach would be in line with other regulators such as EASA
supporting greater regulatory harmonization.
GAMA argued the approach to use airplane requirements for many of
the operational rules does not consider that many powered-lift have
performance capabilities similar to rotorcraft. GAMA further stated
that the application of prescriptive operating rules without
consideration for vehicle performance reduces the usefulness of
powered-lift. GAMA strongly recommended the FAA consider the diverse
capabilities of powered-lift and mentions that the broad diversity for
the blanket application of airplane rules is not suitable for
accommodating the unique design characteristics of these new aircraft.
According to GAMA, the distinct performance capabilities of
powered-lift significantly impact their flight operations, fuel
consumption, and the ability to respond to varying weather conditions
and other unexpected circumstances that would drive a reserve
requirement. GAMA noted that the ability for powered-lift to engage in
vertical takeoff and landing means powered-lift can avoid lengthy
diversions often required of fixed-wing aircraft to find suitable
runways in emergency or uncertain conditions, thus reducing the need
for prolonged extra reserve fuel. GAMA further stated that the ability
to hover, decelerate rapidly, and maneuver at low speeds allows both
helicopters and powered-lift to safely operate in conditions of reduced
visibility, further justifying a reduced fuel reserve requirement.
GAMA believed a performance-based energy reserve concept has the
same overarching objective as the prescriptive time-based reserve
approach, which is to ensure a safe landing. According to GAMA, the FAA
could assess the energy capabilities of each powered-lift in order to
determine the performance-based energy reserve.
Joby argued that the FAA should amend their part 194 requirements
to specify fuel reserves for powered-lift to align with today's
requirements for helicopters. Joby stated that powered-lift share
unique performance capabilities with helicopters, which differentiates
them from traditional fixed-wing aircraft. Joby argued that these
capabilities mean powered-lift can sidestep extensive detours to locate
appropriate runways during emergencies or uncertain situations, thereby
decreasing the necessity for extended reserve energy. According to
[[Page 92437]]
Joby, the proficiency to hover and navigate at low velocities permits
helicopters and powered-lift to function in reduced visibility
scenarios. Considering these abilities, powered-lift are often able to
land in environments where conventional aircraft would be compelled to
divert, further endorsing the case for equivalency with respect to
reserve energy.
Joby noted that an electric powered-lift, when being dispatched,
might be required to carry a more significant portion of its energy
reserve under the proposed regulation compared to conventionally fueled
aircraft and might be restricted from commencing flights merely because
of disproportionate energy reserve mandates.
AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single
document submitted by NBAA. These organizations stated they believe the
FAA failed to consider the characteristics powered-lift and their
operating environment by unilaterally applying airplane fuel reserves
to all powered-lift. They also stated that airplanes require longer
fuel reserves because they might have to fly a farther distance to
reach a suitable landing site, while helicopters are afforded the
advantage of shorter fuel reserves because they are capable of landing
in smaller locations. The same should hold true of powered-lift, which
can land in a vertical mode at the same types of locations as
helicopters. These commenters recommended the FAA consider the
capabilities of powered-lift and apply ICAO Document 10103 to its
assessment of operational rules. This will allow for international
harmonization and for aircraft to best utilize each aircraft's
capabilities. The group also mentioned that if the FAA does not allow
blanket permission for powered-lift to utilize helicopter operational
rules while in vertical flight mode, the FAA should provide a pathway
for an operator or manufacturer to seek approval or authorization to
adopt the alternate rule.
Like several other commenters, L3Harris stated that the FAA should
utilize ICAO Document 10103. Specific to the fuel requirements, L3
Harris suggests the FAA add a specific section to the SFAR that
specifies fuel reserve requirements for both VFR and IFR operations.
An individual commenter asserted the FAA SFAR is far too
conservative on operational guidance and that the FAA fails to
understand the performance capability of powered-lift. The commenter
indicated they have flown powered-lift for 11 years and indicated that
having the flexibility to use helicopter regulations and operating
procedures has ensured their ability to safely complete the mission and
care for the crew and passengers.
The FAA has considered the many comments requesting the FAA to
allow powered-lift to use the helicopter VFR fuel minimums. In
response, the FAA has decided to provide some relief from the VFR fuel
supply requirements the FAA originally proposed in the NPRM for
powered-lift when the aircraft has the performance capability to always
conduct a landing in the vertical-lift flight mode along the entire
route of flight. The FAA has considered the hybrid nature of a powered-
lift and its ability to operate similar to a helicopter or an airplane,
depending on the mode of flight in which it is being operated. The FAA
acknowledges that, when a powered-lift can conduct a landing in the
vertical-lift flight mode, which enables it to land in areas similar to
what a helicopter requires, there will be more landing sites available
to the powered-lift as compared to airplanes. Therefore, the FAA will
allow a powered-lift to use the VFR helicopter fuel minimums when they
are able to conduct a landing in the vertical-lift flight mode. This
provision would not prevent a powered-lift from operating in the wing-
borne flight mode but will require the powered-lift to have the
performance capability, as detailed in the AFM, to conduct a landing in
the vertical-lift flight mode along the entire route of flight.
This will provide powered-lift operational flexibility without a
degradation of safety, as there is a long history of helicopter
operations using the 20-minute fuel reserve requirement. When using
this provision, a person must consider any landing performance data
that enables a landing in the vertical-lift flight mode, including
taking into consideration the energy requirements to successfully
complete a descent and landing in the vertical-lift flight mode from
the altitude they plan to use. There may be performance requirements or
limitations contained in the AFM that would prevent a powered-lift from
conducting a landing in the vertical-lift flight mode, such as a
landing weight limitation, thereby requiring the use of the airplane
fuel supply requirements of Sec. 135.209(a).
In the comments, the FAA received requests from manufacturers that
are developing aircraft with a non-traditional fuel supply, such as
battery powered, to allow fuel requirements other than the prescriptive
airplane or helicopter VFR fuel supply requirements. The FAA has
decided to adopt a deviation process as an alternative pathway to the
VFR fuel supply requirements. The FAA concluded that the deviation
process could maintain the level of safety provided by Sec. 135.209
and be beneficial to those powered-lift using non-traditional fuel
sources. In order to maintain this level of safety, the FAA has
determined a deviation will be available only to those powered-lift
operating over specific routes that have predetermined suitable landing
areas available. A suitable landing area under Sec. 194.306(rr) and
(ss) is an area that provides the operator reasonable capability to
land without causing undue hazard to persons or property. These
suitable landing areas must be site-specific, designated by the
operator, and accepted by the FAA. This will ensure that any operation
conducted with less than the prescriptive VFR fuel supply minimums will
be conducted under a controlled environment. The controlled environment
will incorporate pre-determined suitable landing areas that are known
by the pilot in advance and be based upon the specific route being
flown along with the VFR fuel reserve specified in minutes. The FAA
will evaluate each certificate holder's deviation request to determine
if the proposed operation will maintain an equivalent level of safety
as currently provided in the prescriptive rule. The authorization to
use this deviation would be granted to the certificate holder via
Operations Specifications (OpSpecs). In response to Archer's point on
operational data being determined during aircraft certification, the
FAA notes that the fuel reserve requirements are based upon the
operational rules in which the flight is conducted and, unlike Archer
alleged, are not determined during aircraft certification. Archer also
mentioned that, while helicopters have multiple single-point-of-failure
vulnerabilities, Archer's ``Midnight'' aircraft has none, a reliability
Archer believed should also be recognized in the determination of
reserve fuel. In response to this comment, the FAA states reliability
is not a consideration for the fuel requirements of this rule. The FAA
also disagrees with Archer's assertion that fuel reserve requirements
should vary based upon the range of the aircraft. The FAA has
consistently held that fuel reserve requirements do not vary based upon
the range of the aircraft.
The FAA also disagrees with Eve's assertion that the FAA should
consider appropriate operational requirements applied for energy
reserve based on the design and performance capabilities of each
individual certified powered-lift.
[[Page 92438]]
Fuel reserve requirements are based upon the operational rules in which
the flight is conducted and are not based upon an aircraft's individual
design or performance capability.
BETA also mentioned that electric propulsion powered-lift will have
variable energy reserve needs based on the planned flight profile. The
FAA does agree with BETA's assertion that fuel reserve requirements are
not entirely based upon the duration of flight or distance flown. All
operators must take into consideration the energy requirements based
upon their entire planned flight including any extra energy
requirements for vertical-lift flight operations. The FAA disagrees
with BETA's argument that the variable energy reserve should be based
upon the planned flight profile without any kind of mitigations to
ensure the continued safety of the operation. However, as discussed
above, the FAA is providing a pathway, through deviations, for a
reserve amount less than the prescriptive airplane or helicopter fuel
reserve minimums.
In response to the Vertical Aerospace Group's comments, the FAA
notes that fuel reserves are based upon time to enable a pilot to take
corrective/alternative action, not on the type of energy used to propel
the aircraft. Therefore, time is the factor for fuel reserve planning,
and that time computes into a specific quantity of fuel or energy
remaining, based upon the fuel/energy usage of the aircraft.
In response to the Advanced Air Mobility Institute's comment, the
FAA asserts that commercial flight operations do not have the same
level of acceptable risk as Department of Defense operations.
Therefore, using the Department of Defense VFR fuel requirements would
not be the benchmark for setting the VFR fuel requirements for powered-
lift in part 135 operations.
In conclusion, the FAA will require a powered-lift unable to land
in the vertical-lift flight mode along the entire route to have 30
minutes fuel reserve during the daytime and 45 minutes during
nighttime, as outlined in Sec. 135.209(a). The FAA will add a
provision enabling powered-lift that are continuously capable of
conducting a landing in the vertical-lift flight mode along the entire
route of flight to use 20 minutes of fuel reserve, as outlined in Sec.
135.209(b). This provision is adopted at Sec. 194.306(ss).
Additionally, the Administrator may authorize deviations from the
airplane or helicopter prescriptive fuel reserve requirements for
powered-lift operations on specific routes that have one or more
predetermined suitable landing areas, if the FAA finds the operation
can be conducted safely. The FAA will adopt the proposed Sec.
194.307(ff) as amended, though due to renumbering, it is being adopted
as Sec. 194.306(rr).
Section 135.221 provides the requirements for alternate airport
weather minimums. Per Sec. 135.221(a), no person operating an aircraft
other than rotorcraft 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. Section 135.221(b) provides alternate
airport weather minimums for rotorcraft.
The FAA notes that powered-lift will likely spend the majority of
flight time in wing-borne flight and cruise at higher altitudes with
the potential for higher speeds than rotorcraft. As such, the FAA
proposed the rules for rotorcraft in Sec. 135.221(b) will not apply to
powered-lift.
The FAA received four comments on the FAA's proposal to apply the
requirements of Sec. 135.221(a) to powered-lift and not permit
powered-lift to use the provisions of Sec. 135.221(b).
AWPC argued that their AW609 Tiltrotor, is capable of VTOL, can
conduct copter instrument approaches, and has an endurance comparable
to helicopters. AWPC noted the AW609 Tiltrotor can conduct copter
instrument approaches as well as meet the requirements for copter
procedures as defined in Sec. 97.3 (allow for reduced visibility
minimums). As such, AWPC argued that their powered-lift should be
subject to a performance-based IFR alternate airport weather minima
requirement.
Lilium believed that the safe use of helicopter flight rules for
powered-lift can be evaluated during aircraft certification and/or the
type rating evaluation process. Lilium recommended that the FAA adopt a
similar comprehensive and risk-based approach as suggested by Lilium
for altitude requirements in order to evaluate the capabilities and
performance of each individual powered-lift to safely operate under
helicopter IFR.
While GAMA did not specifically address Sec. 135.221, GAMA
recommended that the FAA consider the capabilities of powered-lift
rather than adopting what GAMA characterized as a ``blanket
application'' of airplane rules. GAMA generally supported the FAA
adopting performance-based operating regulations for powered-lift and
points to ICAO Document 10103 as a source of guidance.
In response to the comments received, the FAA made changes to the
original proposal and will add regulatory text at Sec. 194.306(tt) to
allow powered-lift to have the ability to use the rotorcraft alternate
airport weather minimums specified in Sec. 135.221(b), provided the
powered-lift has the authorization to conduct copter procedures and can
land in the vertical-lift flight mode, as provided in the AFM.
A powered-lift will only be authorized to utilize copter procedures
if they are able to fly at the slower airspeeds necessary to conduct
those procedures. Powered-lift that are unable to meet the requirements
for copter procedures will be required to use standard approach
procedures and therefore the alternate airport minimums specified for
aircraft in Sec. 135.221(a). During aircraft certification, the FAA
will assess the aircraft's stability, system, and equipage for IFR
operations. 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 AFM to that
effect. Those powered-lift would not be authorized to use the
rotorcraft option and would be required to use the IFR alternate
airport minimums specified for aircraft. This requirement is adopted at
Sec. 194.306(tt).
When taking into consideration whether a powered-lift can land in
the vertical-lift flight mode, a person must consider any landing
performance data contained in the AFM that enables the aircraft to
conduct a landing in the vertical-lift flight mode. There may be
performance requirements or limitations contained in the AFM that would
prevent a powered-lift from conducting a landing in the vertical-lift
flight mode, such as a landing weight limitation, thereby requiring a
person to use the IFR alternate airport minimums specified for aircraft
in Sec. 135.221(a).
In response to Lilium's comment about establishing operational
rules during aircraft certification, the FAA disagrees with Lilium.
During the certification process, an applicant should have an
understanding of the requirements of the rules in which they wish to
market their aircraft and design them accordingly.
Section 135.223(a) requires aircraft other than helicopters to
carry a 45-minute fuel reserve. Section 135.223(a)(3) requires a fuel
reserve for helicopters of at least 30 minutes. In the NPRM, the FAA
proposed to retain the 45-minute fuel reserve requirement specified for
aircraft for powered-lift
[[Page 92439]]
and did not apply the less restrictive helicopter fuel reserve
requirement set forth in Sec. 135.223(a)(3).
The FAA received one comment in support of and twelve comments
opposing the FAA's proposal to apply Sec. 135.223(a)(3).
An anonymous commenter agreed with the FAA's proposal noting that
battery-powered aircraft should have the same energy ``fuel'' reserves
as other propeller or jet aircraft, 30 minutes at day and 45 minutes at
night, and 45 minutes IFR reserve plus ``fuel'' or battery power to fly
to an alternate airport and conduct the approach if necessary.
Archer believed that the application of airplane fuel reserves to
the powered-lift category is inappropriate, and that the FAA is failing
to consider the unique operational capability of a powered-lift's
ability to take off and land vertically. Archer urged the FAA to
consider regulations that will enable approvals of performance-based
fuel reserves tailored specifically for those eVTOL powered-lift
seeking certification.
According to Archer, in order to recognize the unique, short-range
operating environment anticipated by powered-lift eVTOLs, they
recommend a regulation that can follow long-standing precedent of the
fuel reserve OpSpecs that are utilized by many part 121 air carriers.
This data-driven fuel planning would recognize that eVTOLs operating on
very short stage lengths are likely to be able to demonstrate, with
data, consistency in operations that enable lower fuel reserves with
equivalent levels of safety. Archer recommended that the FAA adopt
language in part 194 that will allow for Performance Based Contingency
Fuel (PBCF) approvals for part 135 based on operational data.
The Advanced Air Mobility Institute suggested the FAA consult with
the Department of Defense to determine powered-lift fuel requirements.
As stated above, CAE provided comments on fuel reserves
distinguishing between the varying characteristics and differences
between airplanes and powered-lift. CAE also recommended that the FAA
should provide an alternate pathway for an operator or manufacturer to
obtain approval for a different fuel reserve minimum.
AWPC argued that powered-lift capable of VTOL should be allowed to
use helicopter VFR fuel reserves.
Eve recommended considering appropriate operational requirements
applied for energy reserve based on the design and performance
capabilities of each individual certified powered-lift. Eve recommended
that the FAA consider alignment with ICAO Document 10103 guidance to
meet the existing operational safety level applied for helicopters and
airplanes.
Eve recommended that the FAA introduce more practical, performance-
based energy reserve requirements applied for planned routes and
consider the type of energy used by the powered-lift relating to the
operation applied for each type of aircraft.
Lilium recommended that the FAA adopt appropriate regulatory
amendments to provide flexibility for certificate holders to operate
powered-lift under helicopter instrument requirements where it has been
determined appropriate and approved by the Administrator.
BETA asserted that the FAA's adoption of the existing airplane VFR
and IFR reserve requirements is overly burdensome for powered-lift that
may only be capable of short duration flights and fails to consider the
variability in required energy reserves for electric propulsion
powered-lift based on the planned flight profile and landing type.
The Vertical Aerospace Group asserted that the 30-minute energy
reserve requirement for day VFR operation is overly conservative and
that the FAA failed to consider the unique operating characteristics of
powered-lift and access to powered-lift would be limited. It also
alleged that powered-lift are capable of vertical landings and
performing approach and go-around maneuvers in low-speed thrust-borne
mode, allowing more flexibility in emergency conditions.
Vertical Aerospace Group also stated that the FAA should recognize
that electric powered-lift have fundamentally different energy
densities and limitations compared to traditional aviation fuel and the
FAA should take this into consideration in setting the appropriate
requirements. Powered-lift are primarily designed for short distance
urban air mobility operations, and applying fuel reserve requirements
for airplanes is not aligned with the typical mission profiles of these
aircraft. It also asserted that electric propulsion systems offer a
markedly higher precision in remaining energy indication compared to
traditional turbine engines. This enhanced precision makes a time-based
approach to energy-reserves limiting and fails to capitalize on the
real-time, high-fidelity data that will be available for more precise
energy management.
Vertical Aerospace Group encouraged the FAA to take a performance-
based approach, setting fuel requirements based on the performance and
the type of operation of the specific aircraft. According to Vertical
Aerospace Group, this will allow for a more tailored approach in which
the overall design, operational profile, and safety requirements of the
aircraft are taken into account. In addition, such an approach would be
in line with other key regulators, such as EASA, supporting the
collective ambition for greater regulatory harmonization.
GAMA stated that the approach to use airplane requirements for many
of the operational rules does not consider that many powered-lift have
performance capabilities similar to rotorcraft. GAMA further asserted
that the application of prescriptive operating rules without
consideration for the vehicle performance reduces the usefulness of
powered-lift. GAMA strongly recommended that the FAA consider the
diverse capabilities of powered-lift and mentions that the broad
diversity for the blanket application of airplane rules is not suitable
for accommodating the unique design characteristics of these new
aircraft. GAMA's comments submitted for this section are identical to
the comments submitted for Sec. 135.209 and are cited in that section.
GAMA also submitted an additional document that recommends adopting
most of the recommendations from ICAO Document 10103, stating that, for
most operating rules where the term helicopter is used, powered-lift
should also fit. The exception would extend certain operating rules
applicable to airplanes to powered-lift, such as over water operations
and oxygen requirements. GAMA recommended using operational concepts
for some electric powered-lift that may be supported by performance-
based fuel/energy reserves as an alternative to current time-based
concepts. They stated that this approach would allow for adequate
mission-specific energy reserves without lowering today's established
safety levels and thus eliminate the need for recurring exemptions.
Joby stated the FAA should amend their part 194 requirements that
specify fuel reserves for powered-lift to align with today's
requirements for helicopters. Joby stated that powered-lift share
unique performance capabilities with helicopters, which differentiates
them from traditional fixed-wing aircraft. Joby argued that, under the
proposed regulation, an electric powered-lift might be required to
carry a more significant portion of its energy reserve compared to
conventionally fueled aircraft. Joby's comments are identical to their
comments for Sec. 135.209 and are cited in that section.
[[Page 92440]]
AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single
document submitted by NBAA. They believed the FAA failed to consider
the characteristics powered-lift and their operating environment by
unilaterally applying airplane fuel reserves to all powered-lift. They
asserted that powered-lift should be permitted to utilize helicopter
fuel reserves since powered-lift are capable of landing like
helicopters. AOPA, GAMA, HAI, NATA, NBAA, and VFS comments are
identical to their comments for Sec. 135.209 and are cited in that
section.
L3Harris Commercial Aviation Solutions--Advanced Air Mobility
asserted the FAA's NPRM for powered-lift does not align with ICAO.
L3Harris recommended that the FAA clarify the framework for powered-
lift utilizing ICAO Document 10103.
In response to the commenters such as Archer, CAE, LTDA/Eve,
Lilium, GAMA, Joby, and NBAA and their assertions stated above with
regard to fuel reserves, the FAA will add an option to the final rule
allowing powered-lift to use a 30-minute fuel reserve for IFR flight,
which is the IFR fuel reserves specified for helicopters. The FAA will
allow this provision only for those powered-lift that can use copter
procedures and have the performance capability to land in the vertical-
lift flight mode. If the powered-lift can meet those two provisions,
they will be allowed to use the 30-minute fuel reserve requirement.
A powered-lift will only be authorized to utilize copter procedures
if they are able to fly at the slower airspeeds necessary to conduct
those procedures, see section IV.B. part 97. During aircraft
certification, the FAA will assess the aircraft's stability, system,
and equipage for IFR operations. This assessment will occur during the
type certification process. A powered-lift design that meets the
standards, which provides an equivalent level of safety to the relevant
standards in parts 27 or 29, can be certificated for IFR flight and
authorized to execute copter procedures. However, a powered-lift may
still be certificated for IFR flight but could be prohibited from
performing copter procedures and have a limitation in the AFM to that
effect. Therefore, those powered-lift with a limitation in the AFM
prohibiting copter procedures would not be authorized to use the 30-
minute fuel reserve option and would be required to use the 45-minute
fuel reserves specified for aircraft.
Although in the NPRM the FAA stated it did not have sufficient
experience to grant relief for powered-lift fuel requirements, the FAA
evaluated the comments received about how a powered-lift can have the
ability to fly at slower airspeeds like a helicopter. Therefore, the
FAA considers that the mitigations of requiring a powered-lift to be
able to conduct copter procedures and always be able to conduct a
landing in the vertical-lift flight mode along the entire flight should
ensure the safety of the operations will be comparable to those
conducted with helicopters. Therefore, a person operating a powered-
lift will have the option to use the 30-minute helicopter IFR fuel
reserve requirement when the powered-lift is authorized to conduct
copter procedures and has the performance capability, as provided in
the AFM, to always conduct a landing in the vertical-lift flight mode
along the entire flight. This aligns with the rationale provided in the
March 13, 1985, NPRM where the FAA proposed to permit helicopters to
use a 30-minute IFR fuel reserve. In that NPRM, the FAA asserted that
helicopters, with their reduced IFR approach minimums stipulated in
part 97, will have a better probability of completing a flight to the
planned destination. On November 7, 1986, the FAA codified the 30-
minute IFR fuel reserve requirement.\416\ Therefore, by ensuring that a
specific powered-lift can operate in flight at the reduced airspeeds
required to conduct copter procedures, a powered-lift would also have a
better probability of completing a flight to the planned destination
and will be able to use a 30-minute IFR fuel reserve.
---------------------------------------------------------------------------
\416\ 51 FR 40710 (November 7, 1986).
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When taking into consideration the performance capability to
conduct a landing in the vertical-lift flight mode, a person must
consider the energy required to successfully complete a descent from
the altitude they plan to use, any required instrument or visual
procedure, and land in the vertical-lift flight mode. There may be
performance requirements or limitations contained in the AFM, or in any
approved Minimum Equipment List (MEL), that would prevent a powered-
lift from conducting a landing in the vertical-lift flight mode, such
as a landing weight limitation or a deferred maintenance item, thereby
requiring a person to use the 45-minutes of reserve fuel.
In response to Archer's and Eve's argument related to operational
data being determined during aircraft certification, the FAA notes that
the fuel reserve requirements are based upon the operational rules
under which the flight is conducted. Fuel reserve requirements are not
determined during aircraft certification.
In response to Archer's comment about single-point-of-failure
vulnerabilities, the FAA notes that reliability is not a consideration
for the fuel requirements of this rule. The FAA does not use
reliability of an aircraft design as a determining factor for IFR fuel
requirements.
Archer recommended the use of an Operations Specification to permit
operators to use a lower fuel requirement for IFR flights. The FAA has
determined that such an Operations Specification would not be in the
interest of safety for short-haul domestic IFR flights. The FAA notes
that Operations Specification B043 is only allowed for international
flights, and the short haul domestic flights that Archer referenced in
their comment is not within scope of what this Operation Specification
permits.
In response to the Vertical Aerospace Group, GAMA, and Joby
comments on fuel/energy reserve, the FAA asserts the operational rules
for IFR fuel requirements that are based upon time are appropriate. The
requirement, which is based upon a known amount of time, provides a
suitable safety mitigation for unforeseen circumstances a pilot might
encounter during an IFR flight. Utilizing a time-based requirement
allows a universal standard in which a variety of aircraft (whose fuel/
energy consumption can vary by significant margins due to the size of
the aircraft and type of powerplant) will have the same amount of time
available to deal with unforeseen circumstances.
Vertical Aerospace Group commented on electric propulsion systems
offering a higher precision in remaining energy. The FAA agrees that
having a highly precise display of remaining energy would be beneficial
for a pilot to determine the amount of fuel/energy available. However,
having an accurate reading of remaining fuel/energy onboard an aircraft
is not a suitable replacement for the time aloft prescribed by the rule
to deal with unforeseen circumstances that may occur during an IFR
flight.
In response to the Advanced Air Mobility Institute's comment, the
FAA asserts that commercial flight operations and their level of
acceptable risk are not the same as what the Department of Defense
would deem acceptable. Therefore, using the Department of Defense IFR
fuel requirements would not be the appropriate benchmark for
determining the IFR fuel requirements for powered-lift in part 135
operations.
In response to the comments received, the FAA will allow a powered-
lift the
[[Page 92441]]
option to use the 30-minute helicopter IFR fuel reserve requirement
when the powered-lift is authorized to conduct copter procedures and
has the performance capability, as provided in the AFM, to always
conduct a landing in the vertical-lift flight mode along the entire
flight. Therefore, the FAA will add Sec. 194.306(uu) to the final
rule.
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.
In the NPRM, the FAA proposed in Sec. 194.307(gg) to apply Sec.
135.225(e) to powered-lift. PICs of powered-lift should also possess a
high degree of familiarity with their aircraft and its controls,
instruments, and performance requirements, and due to the complexity
required as the aircraft transitions from winged to vertical flight
during a critical phase of flight, the PICs of all powered-lift will
have the increased MDA or DA/DH and visibility landing minimums.
The FAA received one comment on proposed Sec. 194.307(gg) from
Archer, generally expressing support for ensuring that there is an
equivalent level of safety between airplanes, helicopters, and powered-
lift.
In response to the comment received, the FAA did not make any
changes to the proposed regulatory text. Therefore, the FAA adopts the
proposed Sec. 194.307(gg) as final, though due to renumbering, it is
being adopted as Sec. 194.306(vv).
Section 135.227 addresses the operating limitations in icing
conditions for airplanes and helicopters. Section 135.227(a) applies to
all aircraft, meaning that powered-lift must comply with those
requirements as written. Paragraph (b) applies to only airplane
operations and requires pilots to have completed training required by
Sec. 135.341 prior to conducting operations 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.\417\ In the NPRM, the FAA proposed to apply Sec.
135.227(b) to powered-lift in Sec. 194.307(hh).
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\417\ 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.
---------------------------------------------------------------------------
Section 135.227(d) states that no pilot may operate a helicopter
under IFR into known or forecasted icing conditions, or under VFR into
known icing conditions, unless the helicopter has been type-
certificated and is appropriately equipped for operating in icing
conditions. The FAA proposed in Sec. 194.308(i) to apply Sec.
135.227(d) to powered-lift, allowing powered-lift to conduct flights
into known or forecast light or moderate icing conditions, providing
the powered-lift has been type certificated and is appropriately
equipped.
The FAA received one comment generally on operating in icing
conditions and one comment on proposed Sec. 194.308(i).
The Advanced Air Mobility Institute recommended that the FAA
consult with the Department of Defense (DoD) on the final rulemaking
regarding operations in known or forecast severe icing conditions.
This rulemaking is not addressing powered-lift operations in known
forecast severe icing conditions. However, the FAA will take this
recommendation into consideration if the FAA contemplates additional
rulemaking permitting powered-lift to operate in known or forecast
severe icing conditions.
GAMA agreed with the FAA's proposal in Sec. 194.308(i), the
helicopter requirement, to apply the requirements of Sec. 135.227(d)
to powered-lift.
The FAA did not make any changes to the proposed regulatory text in
response to the comments received. The FAA noticed during the
consolidation of the part 135 airplane and rotorcraft tables that the
reference contained in proposed Sec. 194.308(i) in the additional
requirements column was incorrectly listed as Sec. 194.307(ii). The
FAA also determined the critical surface reference in the proposed
Sec. 194.308(i) would no longer be required because Sec. 194.306(ww)
already covers the critical surfaces requirement. Furthermore, the
reference leading the reader to the helicopter requirements in proposed
Sec. 194.307(hh)(3), which stated ``For IFR and VFR flight into
certain icing conditions, see Sec. 194.308(i)'' is no longer needed.
Due to the consolidation and subsequent renumbering, the proposed Sec.
194.307(hh) is being adopted as Sec. 194.306(ww) and proposed Sec.
194.308(i) is being adopted as Sec. 194.306(xx).
Section 135.229 provides the airport requirements for part 135
operations. The requirements of Sec. 135.229 apply to all aircraft,
with the exception of Sec. 135.229(b)(2)(ii), which states that
helicopters are also allowed to land at an airport where the limits of
the area to be used for takeoff and landing are marked using reflective
material. The landing lights on helicopters are generally oriented so
that they shine at an angle approximate to a normal approach angle used
by helicopters.\418\ This negates the need for illuminated runway
lights on the landing area and permits the helicopter pilot to easily
pick out and maintain a safe approach angle to an area marked by
reflective material.
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\418\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
---------------------------------------------------------------------------
The FAA proposed 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.
The FAA received one comment from GAMA on proposed Sec. 194.308(j)
agreeing with the FAA's proposal to allow a powered-lift to takeoff
from or land at an airport that uses reflective material when
conducting a takeoff or landing.
The FAA did not make any substantive changes to the proposed
regulatory text. In finalizing this rule, however, the FAA determined
that it needed to revise the regulatory text to clarify the FAA's
intent, as described in the NPRM, which was to include areas used for
both takeoffs and landings. This also aligns with the provisions
contained within the text of Sec. 135.229. As a result, the FAA has
clarified that Sec. 135.229, adopted as final as Sec. 194.306(yy),
includes areas used for both takeoff and landing, not just landing
areas.
5. Subpart F: Crewmember Flight Time and Duty Period Limitations and
Rest Requirements
Subpart F details crewmember flight time, duty period limitations,
and rest requirements.
Section 135.271 provides the rest and duty requirements for
Helicopter Air Ambulance (HAA) operations conducted from a hospital. In
order to ensure that the helicopter pilot is adequately rested, Sec.
135.271(f) requires there to be an approved place of rest at,
[[Page 92442]]
or in close proximity to, the hospital where the helicopter is based.
Powered-lift can conduct vertical takeoffs and landings and can
conduct air ambulance operations at a hospital heliport. Therefore,
powered-lift operators authorized to conduct air ambulance operations
based at a hospital should be allowed to use the rest and duty rules
permitted by Sec. 135.271. Therefore, the FAA proposed in Sec.
194.308(k) that Sec. 135.271 could apply to powered-lift conducting
HAA operations in accordance with subpart L of part 135.
The FAA received two comments on proposed Sec. 194.308(k). ALPA
and GAMA both agreed with the FAA's proposal to apply Sec. 135.271 to
powered-lift conducting HAA operations in accordance with subpart L of
part 135.
The FAA did not make any changes to the proposed regulatory text
and adopts Sec. 194.308(k) as final, though due to renumbering, it is
being adopted as Sec. 194.306(zz).
6. 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 Subpart I is airplane
specific, the FAA acknowledged 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 anticipated some powered-lift could operate similarly
to an airplane during takeoff and landing and will routinely operate
similarly 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).
In the NPRM, the FAA anticipated 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 the latter, some of the requirements of
subpart I should be applicable.
For powered-lift that can conduct takeoff and landings using wing-
borne lift, the performance data will be published in the AFM 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. 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 are currently
afforded to those transported on airplanes.
Although the FAA has not yet published a transport category
certification standard for powered-lift, the FAA proposed to apply the
transport category requirements of subpart I to large powered-lift. Due
to the novel designs of powered-lift and the varying capabilities of
those aircraft, a combination of the aircraft certification standards
from the various sections of parts 23, 25, 27, and 29 may be used to
develop the certification criteria for each individual powered-lift
design.
Section 135.361(a) states that subpart I of part 135 applies to the
operation of the categories of airplanes listed in Sec. 135.363 when
operated under part 135. The FAA proposed in Sec. 194.307(ii) that the
sections of subpart I of part 135 should apply to powered-lift,
regardless of powerplant type. The FAA has clarified in the regulatory
text that any provisions within subpart I of part 135 that reference a
specific category of aircraft, such as an airplane, and that are not
referenced in the SFAR tables to Sec. Sec. 194.302 or 194.306, do not
apply to powered-lift.
The FAA received no comments on proposed Sec. 194.307(ii);
therefore, the FAA adopts the proposed Sec. 194.307(ii) as final,
though due to renumbering, it is being adopted as Sec. 194.306(aaa).
Section 135.363(a) through (e) outline which sections of subpart I
apply to certain types of airplanes, considering factors such as: the
size, type of powerplant, and certification basis for the airplane. The
FAA did not anticipate that there would be a large powered-lift
produced with a reciprocating engine, therefore paragraph Sec.
135.363(a) will not be applicable. The FAA proposed in Sec.
194.307(jj) that when a powered-lift meets the criteria established in
paragraphs (b) through (e), regardless of powerplant type, the
referenced regulatory sections will apply.
Section 135.363(f) requires the performance data in the AFM to be
used in determining compliance with Sec. Sec. 135.365 through 135.387.
Section 135.363(f) also contains a provision to allow the interpolation
and computing the effects of changes in specific variables, so long as
those calculations are substantially as accurate as the results of
direct tests. The FAA proposed in Sec. 194.307(kk) that if a powered-
lift is required to be in compliance with a section contained in
Sec. Sec. 135.365 through 135.387, then the provisions of Sec.
135.363(f) will apply. Although Sec. 135.365(f) specifies an AFM, the
FAA asserted that for any powered-lift that requires compliance with a
section contained in Sec. Sec. 135.365 through 135.387, the powered-
lift AFM 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.
The FAA received no comments on proposed Sec. 194.307(jj) and
(kk). Therefore, the FAA adopts the proposed Sec. 194.307(jj) and (kk)
as final, though due to renumbering, these sections are being adopted
as Sec. 194.306(bbb) and (ccc). Additionally, the FAA inadvertently
included Sec. 135.363(a) in the proposed Sec. 194.307(jj), though the
accompanying preamble text in the NPRM made clear that Sec.
194.307(jj) was meant to only apply Sec. 135.363(b) through (e) to
powered-lift. The adopted Sec. 194.306(bbb) corrects this error.
Section 135.379 contains takeoff limitations applicable to large
turbine engine-powered transport category airplanes.
Section 135.379(a) states 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 AFM. The
calculation for determining that takeoff weight must consider the
elevation of the airport and the ambient temperature existing at the
time of takeoff.
Section 135.379(c) requires that an airplane subject to Sec.
135.379(c) cannot takeoff at a weight greater than that listed in the
AFM. Section 135.379(c) also 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.
Section 135.379(d) states 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).
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 include
which runway is used and its gradient, airport elevation, ambient
temperature, or wind
[[Page 92443]]
component. 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.
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 reaching a height of 50 feet, the maximum bank is not
more than 15 degrees.
Section 135.379(g) applies the terms takeoff distance, takeoff run,
net takeoff flight path to have the same meanings as set forth in the
rules under which the airplane was certificated. In the NPRM, the FAA
included paragraph (g) in the regulation text table making it
applicable to large powered-lift certificated to conduct takeoff
operations that utilize wing-borne lift as indicated in the AFM. For
those powered-lift that have a takeoff distance, takeoff run and net
takeoff flight path this will ensure the safety requirements relevant
to those terms are taken in consideration just as they are for
airplanes.
The FAA proposed in Sec. 194.307(ll) that paragraphs (a) and (d)
of Sec. 135.379 apply to large powered-lift. In addition, the FAA
proposed in Sec. 194.307(mm) that paragraphs (c), (e), (f), and (g) of
Sec. 135.379 apply to large powered-lift that utilize wing-borne lift
during takeoff and have the takeoff performance information contained
in the AFM. 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).
The FAA received no comments on proposed Sec. 194.307(ll) and (mm)
and therefore, the FAA adopts the proposed Sec. 194.307(ll) and (mm)
as final. However, due to renumbering, these sections are being adopted
as Sec. 194.306(ddd) and (eee).
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 will be able to clear all terrain and
obstructions within its flightpath with one engine inoperative. Section
135.381(b) lists six assumptions that must be considered when computing
the net flight path and 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. The important
safety criteria of Sec. 135.381 should apply to powered-lift if one
engine were to become inoperative. As such, the FAA proposed in Sec.
194.307(nn) that this section be applicable to large powered-lift.
The FAA received no comments on proposed Sec. 194.307(nn), and
therefore, the FAA adopts Sec. 194.307(nn) as final, though due to
renumbering, it is being adopted as Sec. 194.306(fff).
Section 135.383 provides en route limitations for turbine engine-
powered large transport category airplanes with two engines
inoperative. Specifically, Sec. 135.383(c) specifies that a person
operating a turbine engine-powered large transport category airplane on
an intended route must ensure that the airplane is no more than 90
minutes away from an alternate airport, or that a powered-lift with two
inoperative engines will clear all terrain and obstructions within its
flightpath. 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. Additionally, Sec. 135.383(c)(2)
contains assumptions that must be considered when computing the net
flight path, required horizontal and vertical safety areas and fuel
requirements. Having alternate airports planned along the route is
essential for en route operations. Therefore, the FAA proposed in Sec.
194.307(oo) that Sec. 135.383(c) should apply to large powered-lift.
The FAA received no comments on proposed Sec. 194.307(oo) and
adopts Sec. 194.307(oo) as final, though due to renumbering, it is
being adopted as Sec. 194.306(ggg).
Section 135.385 provides required landing limitations at
destination airports for large turbine engine-powered transport
category airplanes.
Section 135.385(a) stipulates that no person operating a turbine
engine powered large transport category airplane may take off at a
weight if the weight of the airplane on arrival would exceed the
landing weight as contained in the AFM. Section 135.385(a) is intended
to ensure an airplane will not arrive overweight for landing. Section
135.385(b) through (f) detail which factors must be applied when
determining the required landing distances. The FAA believes these
considerations are equally applicable to large powered-lift and
therefore proposed 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 must allow a full stop landing
at the intended destination airport within 60 percent of the effective
length of each runway. 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. The FAA proposed in Sec. 194.307(qq)
that Sec. 135.385(b) applies to large powered-lift that utilize wing-
borne lift during landing and provide landing performance information
in the AFM.
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. The FAA proposed in
Sec. 194.307(qq) that Sec. 135.385(d) would be applicable to large
powered-lift that utilize wing-borne lift during landing and have
landing performance information contained in the AFM.
Section 135.385(e) provides that a turbojet-powered airplane that
would otherwise be prohibited from conducting a takeoff because the
airplane could not be landed on the most suitable runway may takeoff if
an alternate airport is selected.
The FAA proposed in Sec. 194.307(qq) that Sec. 135.385(e) would
apply to large powered-lift that conduct landing operations that depend
on wing-borne lift and have that landing performance information
contained in the AFM.
Section 135.385(f) provides an option to eligible on-demand
operators to conduct a takeoff if the operation is permitted by an
approved Destination Airport Analysis in that operator's manual and
certain conditions are met. The eligible on-demand operator is
authorized to calculate the required runway distance at 80 percent of
the effective length of the runway. A powered-lift using the wing-borne
lift mode during landing is similar in operation to a landing airplane.
Therefore, the FAA proposed in Sec. 194.307(qq) this paragraph be
applicable to large powered-lift that utilize wing-borne lift during
landing and have landing performance information contained in the AFM.
[[Page 92444]]
The FAA received no comments on proposed Sec. 194.307(pp) or (qq);
therefore, the FAA adopts Sec. 194.307(pp) and (qq), as final.
However, due to renumbering, these sections are being adopted as Sec.
194.306(hhh) and (iii).
Section 135.387 stipulates landing limitations for selecting an
alternate airport for large turbine engine powered transport category
airplanes.
Specifically, Sec. 135.387 requires that 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. The FAA proposed in Sec. 194.307(rr) that
paragraphs (a) and, for eligible on-demand operators, paragraph (b)
would apply to large powered-lift that utilize wing-borne lift during
landing and has landing performance information contained in the AFM.
The FAA received no comments on proposed Sec. 194.307(rr) and is
adopting Sec. 194.307(rr) as final, though due to renumbering, it is
being adopted as Sec. 194.306(jjj).
Section 135.397 stipulates the performance operating limitations
for small 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. Section 135.397(a) is applicable to
reciprocating engine powered airplanes, and the FAA asserts that
paragraph (a) would not be applicable to powered-lift. Therefore, the
FAA proposed 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 or
landing, and that have takeoff or landing performance information
contained in the AFM.
The FAA received no comments on proposed Sec. 194.307(ss);
therefore, the FAA adopts Sec. 194.307(ss) as final, though due to
renumbering, it is being adopted as Sec. 194.306(kkk).
7. Subpart J: Maintenance, Preventative Maintenance, and Alterations
Section 135.429 applies to all aircraft used for operations
conducted under part 135, including powered-lift, with the exception of
Sec. 135.429(d). Section 135.429(d) is focused on rotorcraft and
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 rule is intended to allow a certificate
holder the opportunity to establish a preventive maintenance process
when a mechanical interruption occurs in a remote area or site. 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 proposed in Sec. 194.308(l) to apply Sec.
135.429(d) to powered-lift that operate in remote areas or sites.
The FAA received three comments, a group comment from AOPA, GAMA,
HAI, NATA, NBAA, and VFS, and comments from CAE and Joby on proposed
Sec. 194.308(l). All three were in support of the FAA's proposal 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.
The FAA adopts Sec. 194.308(l) as final, though due to
renumbering, it is being adopted as Sec. 194.306(lll).
8. Subpart L: Helicopter Air Ambulance Equipment, Operations, and
Training Requirements
Helicopter air ambulance (HAA) operations must comply with subpart
L of part 135, as well as the other requirements of part 135. In the
NPRM, the FAA proposed that powered-lift conducting air ambulance
operations should be required to comply with subpart L of part 135.
Because the FAA proposed that subpart L apply to powered-lift, it also
proposed in Sec. 194.308(a) that Sec. 135.1(a)(9) apply to powered-
lift conducting air ambulance operations.
Section 135.601 provides the applicability and definitions for
subpart L of part 135. The FAA anticipated 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.\419\
---------------------------------------------------------------------------
\419\ 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.
---------------------------------------------------------------------------
Powered-lift conducting air ambulance operations should be provided
to the public at the same level of safety as HAA operations, and the
rules contained in subpart L provide this level of safety. Accordingly,
the FAA proposed in Sec. 194.308(m) that the applicability and
definitions section of subpart L also apply to powered-lift.
The FAA received one comment on proposed Sec. 194.308(m) from
GAMA, who expressed support for the FAA's proposal that the
applicability and definitions section of subpart L apply to powered-
lift that conduct air ambulance operations. Therefore, the FAA adopts
Sec. 194.308(m) as final, though due to renumbering, it is being
adopted as Sec. 194.306(mmm).
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. The FAA proposed in Sec.
194.308(n) that these requirements also apply for powered-lift
operations occurring under subpart L.
The FAA received one comment on proposed Sec. 194.308(n) from GAMA
that supported the FAA's proposal that the requirements of Sec.
135.603 should apply to powered-lift that conduct air ambulance
operations. The FAA realized in finalizing this rule that further
clarification is necessary under Sec. 194.306(nnn), pertaining to
Sec. 135.603. As mentioned above, the regulation currently requires
the PIC to hold either a helicopter instrument rating or an ATP
certificate with a category and class rating for that aircraft, that is
not limited to VFR. These references are not applicable to powered-
lift.\420\ As a result, the FAA has clarified that the PIC must hold a
``powered-lift'' instrument rating or an ATP certificate with a
category rating for that aircraft. Therefore, the FAA adopts Sec.
194.308(n) as final, though due to renumbering, it is being adopted as
Sec. 194.306(nnn).
---------------------------------------------------------------------------
\420\ For discussion on ``class'' ratings, see Section V.A
(``Certification of Powered-Lift Pilots'').
---------------------------------------------------------------------------
Section 135.605 stipulates the requirements for using a HTAWS.
Consistent with proposed Sec. 194.307(q), for powered-lift operating
under subpart L, the FAA proposed 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-lift flight modes of operation for
compliance with Sec. 135.605. The FAA proposed in Sec. 194.308(o)
that any powered-lift that is used in air
[[Page 92445]]
ambulance operations as defined Sec. 135.601 be equipped with HTAWS,
unless equipped with an FAA approved TAWS A/HTAWS hybrid system, in
accordance with Sec. 135.605.
The FAA received no comments on proposed Sec. 194.308(o) and
therefore adopts Sec. 194.308(o) as final, though due to renumbering,
it is being adopted as Sec. 194.306(ooo).
Section 135.607 requires flight data monitoring systems for HAA
operations. The FAA determined that it would be appropriate to apply
the requirement for helicopters to have flight data monitoring system
capable of recording flight performance data to powered-lift conducting
air ambulance operations as set forth in Sec. 135.607. The FAA did not
identify 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 proposed Sec.
194.308(p).
The FAA received one comment on proposed Sec. 194.308(p) from ALPA
that referenced both a Flight Data Monitoring Systems (FDMS) and Sec.
135.607. ALPA's comment was not specifically directed toward the FAA's
requirement for powered-lift conducting air ambulance operations to
equip the aircraft with a FDMS, but rather that all powered-lift should
be required to be equipped with an FDMS. While the FAA is not requiring
FDMS for all powered-lift, as discussed in section VI.B.6. of this
preamble, the FAA is requiring all powered-lift that conduct air
ambulance operations to equip their aircraft with an FDMS. As such, the
FAA adopts Sec. 194.308(p) as final, though due to renumbering, it is
being adopted as Sec. 194.306(ppp).
Section 135.609 provides rules for VFR ceiling and visibility
requirements for part 135 air ambulance operations in Class G airspace.
For powered-lift, the FAA evaluated the VFR minimum altitudes, required
visibility, and distance from cloud requirements for airplanes as
contained in Sec. 135.203 (VFR minimum altitudes), Sec. 135.205 (VFR
visibility requirements), and Sec. 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 during the NPRM of applying the
ceiling and visibility requirements of airplanes to powered-lift. In
Sec. 194.308(q), the FAA proposed the ceiling and visibility
requirements for powered-lift air ambulance operations. In the NPRM the
FAA proposed to change the nighttime ceiling requirements for all
powered-lift operating as an air ambulance regardless of the mode of
flight. The FAA also proposed no changes to the current ceiling and
visibility minimums for daytime operations.
The FAA received three comments on the proposed visibility
requirements for powered-lift air ambulance operations.
GAMA recommended that the FAA use the ICAO guidance provided for
helicopters for this rule.
AWPC argued that the FAA's proposal to limit powered-lift to
airplane minimums will inhibit the ability of their aircraft to conduct
low altitude air ambulance operations. AWPC also stated that their
powered-lift, the AW609, is able to operate in horizontal flight mode
and reach the patient's location faster than helicopters. However, AWPC
expressed concerned that the proposed rule will prohibit the use of
helicopter minimums, helicopter routes, or hospital helipads.
Airbus Helicopters stated that some powered-lift designs are
expected to perform emergency medical services and may have performance
characteristics comparable to helicopters. According to Airbus
Helicopters, the restrictive approach proposed in the NPRM could
prevent the development of medical services with powered-lift that
would have been otherwise beneficial for the public. Airbus Helicopters
therefore proposed the FAA reconsider the proposed Sec. 194.308(q).
The FAA disagrees with GAMA's recommendation to universally apply
the helicopter VFR ceiling and visibility requirements for Class G
airspace for HAA operations to powered-lift. Universally applying the
helicopter minimums provided in Sec. 135.609 to powered-lift when they
are operating in the wing-borne flight mode during night operations
would not provide the same level of safety required by the minimums
specified for airplanes in Sec. 135.203(a)(2). Applying higher
nighttime minimums, as proposed in the NPRM, to powered-lift operating
in wing-borne flight mode will maintain the safety margins already
built into the regulations when a powered-lift is being operated in a
manner similar to an airplane.
Based upon the comments received, the FAA reevaluated the
requirements that were proposed in the NPRM and has added minimums
based upon existing helicopter minimums. These new minimums will apply
to a powered-lift being operated in the vertical-lift flight mode at
night. When operating in the vertical-lift flight mode, much like a
helicopter, a powered-lift will benefit from the increased
maneuverability and the ability to conduct flight at slower speeds to
include hovering. Therefore, the FAA will apply the helicopter minimums
as provided for day and nighttime operations in Sec. 135.609 when a
powered-lift is operating in the vertical-lift flight mode. The daytime
helicopter minimums for powered-lift operating in vertical-lift flight
mode are the same minimums proposed in the NPRM. The nighttime minimums
for powered-lift operating in vertical-lift flight mode are lower than
what the FAA proposed, and they are the same minimums currently
outlined for helicopters operating at night with an approved HTAWS
under Sec. 135.609(a). Since the flight characteristics are akin to
helicopters, there should be no degradation of safety by allowing
powered-lift to use the helicopter minimums when operating in the
vertical-lift flight mode.
The FAA will apply the minimums as proposed in the NPRM when the
powered-lift is being operated in the wing-borne flight mode, which
includes both daytime and nighttime ceiling and visibility minimums.
These VFR ceiling and visibility requirements will provide the pilot
the time and space to maneuver the powered-lift to avoid other
aircraft, terrain, and obstacles. As mentioned in the NPRM, the intent
behind the HAA rules is to ensure a higher level of safety for air
ambulance operations because they are conducted under unique
conditions. The below table outlines the amended ceiling and visibility
requirements for powered-lift depending on the flight mode and whether
the operations occur during the day or at night. As mentioned, the only
change to the minimums that were proposed in the NPRM is the addition
of the ceiling and visibility minimums for powered-lift operating at
night in the vertical-lift flight mode, and those minimums reflect the
current helicopter (with HTAWS) nighttime minimums under Sec.
135.609(a).
[[Page 92446]]
Table 9--Revised VFR Air Ambulance Minimums in Class G Airspace
----------------------------------------------------------------------------------------------------------------
Day vertical-lift and Night vertical-lift Night--wing-borne mode
wing-borne mode mode -------------------------
Location ----------------------------------------------------
Ceiling Visibility Ceiling Visibility Ceiling Visibility
(FT) (SM) (FT) (SM) (FT) (SM)
----------------------------------------------------------------------------------------------------------------
Non-mountainous Local Flying Areas 800 2 800 3 1500 3
Non-mountainous Non-Local Flying 800 3 1000 3 1500 3
Areas............................
Mountainous Local Flying Areas.... 800 3 1000 3 2500 3
Mountainous Non-Local Flying Areas 1000 3 1000 5 2500 5
----------------------------------------------------------------------------------------------------------------
The FAA adopts Sec. 194.308(q) as revised and as Sec.
194.306(qqq), due to renumbering.
Section 135.611 sets forth requirements for HAA IFR operations at
locations without weather reporting. The FAA proposed the applicability
of this section in Sec. 194.308(r). The provisions of Sec. 135.611
are only available to certificate holders that are authorized to
conduct IFR operations under subpart L and are authorized to conduct
IFR air ambulance operations at airports with an instrument approach
procedure and at which a weather report is not available from the U.S.
National Weather Service (NWS), a source approved by the NWS, or a
source approved by the FAA. That authorization will be subject to the
provisions detailed in Sec. 135.611 and is also available to powered-
lift authorized to conduct air ambulance operations.
The FAA received one comment on proposed Sec. 194.308(r) from GAMA
that supported the FAA's proposal that a powered-lift conducting air
ambulance operations can be authorized by the Administrator to conduct
IFR helicopter air ambulance operations at airports with an instrument
approach procedure and at which a weather report is not available from
the U.S. National Weather Service (NWS), a source approved by the NWS,
or a source approved by the FAA. Therefore, the FAA adopts Sec.
194.308(r) as final, though due to renumbering, it is being adopted as
Sec. 194.306(rrr).
Section 135.613 details the ceiling and visibility requirements for
approach and departure IFR transitions for HAA operations. Section
135.613 establishes weather minimums for HAA that are using an
instrument approach and are now transitioning to visual flight for
landing. Section 135.613 also permits VFR to IFR transitions for
departures if the pilot has filed an IFR flight plan, will obtain an
IFR clearance within 3 NM of the departure location, and departs
following an FAA-approved obstacle departure procedure. In Sec.
194.308(s), the FAA proposed applying Sec. 135.613 to powered-lift
conducting operations in accordance with subpart L of part 135.
The FAA received one comment on Sec. 194.308(s) from GAMA, which
recommended the FAA apply ICAO rules for helicopters for Sec. 135.613.
The FAA took this general comment into consideration when writing this
final rule and made some changes throughout the SFAR to provide some
flexibility to enable powered-lift to use helicopter-based requirements
when they are operating in the vertical-lift flight mode.
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 proposed in Sec. 194.308(s) that Sec.
135.613(a)(1) only apply to powered-lift that are equipped and
certified to conduct these PinS approaches. The FAA is not making
changes from the proposed regulatory text in Sec. 194.308(s) related
to Sec. 135.613(a)(1).
Section 135.613(a)(2) has VFR ceiling and visibility requirements
for helicopters when conducting instrument approaches to a landing area
that is 3 NM or less away from the missed approach point. As stated in
the NPRM, the FAA established more stringent VFR ceiling minimums for
powered-lift because 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
operating in the wing-borne flight mode and conducting VFR transitions
to landing areas. Therefore, the FAA will leave the VFR ceiling of
1,000 feet and visibility requirements of 2 NM for day operations and
1,500-foot ceiling and 3 NM visibility for night operations as proposed
in the NPRM for powered-lift when they are operating in the wing-borne
flight mode.
The FAA has determined that, when the powered-lift is operating in
the vertical-lift flight mode during the visual transition from the
approach to the landing area, helicopter minimums will be acceptable.
Because a powered-lift will be flying like a helicopter when in the
vertical-lift flight mode and operating at slower speeds, the aircraft
is able to maneuver more like a helicopter. Therefore, in the final
rule, the FAA will allow powered-lift that are operating in the
vertical-lift flight mode to use the VFR ceiling and visibility
minimums prescribed for helicopters in Sec. 135.613(a)(2)(i) and (ii).
Therefore, the FAA adopts Sec. 194.308(s) as revised and as Sec.
194.306(sss), due to renumbering.
Section 135.613(b) provides two scenarios for transitions from VFR
to IFR upon departure. The first scenario provided in Sec.
135.613(b)(1) stipulates the VFR weather minimums providing the
powered-lift follows an FAA-approved obstacle departure procedure, and
an IFR clearance is obtained on or before reaching a predetermined
location that is not more than 3 NM from the departure location. In
these instances, the FAA proposed weather minimums for powered-lift of
no less than 1000-foot ceiling with 2 statute miles visibility for day
and no less than 1500-foot ceiling and 3 statute mile visibility for
nighttime. The FAA will retain this requirement for those powered-lift
operating in the wing-borne flight mode. When the powered-lift is
operating in the vertical-lift flight mode during the transition from
VFR to IFR and meets the above requirements regarding an obstacle
departure procedure and the 3 nautical mile distance from the departure
location, then the VFR weather minimums for day operations will be no
less than a 600-foot ceiling and 2 statute miles flight visibility, and
for night operations, no less than a 600-foot ceiling and 3 statute
miles flight visibility.
In the second scenario for Sec. 135.613(b)(2) if the departure
does not meet the criteria relating to the obstacle departure procedure
and is unable to obtain the IFR clearance within 3 NM from the
departure location then the VFR weather minimums required for
[[Page 92447]]
powered-lift by the class of airspace apply.
Therefore, the FAA is adding Sec. 194.306(ttt) to ensure the
weather minimums stipulated in Sec. 194.306(sss) are captured
dependent on the mode of flight.
Section 135.615 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. Section
135.615(b) requires the pilot in command, while conducting VFR
operations, to ensure that all terrain and obstacles along the route of
flight are cleared vertically by no less than those prescribed in Sec.
135.615(b). In proposed Sec. 194.308(t), the FAA proposed applying
Sec. 135.615 to powered-lift conducting operations in accordance with
subpart L of part 135 using the VFR minimum altitudes specified for
airplanes in Sec. 135.203(a)(1) and (2).
The FAA received one comment on proposed Sec. 194.308(t) from
GAMA, who requested that the FAA allow powered-lift to use the
helicopter minimums stipulated in Sec. 135.615(b)(1) and (2). In the
NPRM, the FAA noted that there are similarities between airplanes and
powered-lift using wing-borne lift during the cruise portions of
flight. In the proposed Sec. 194.308(t), in order 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 must 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 proposed that the pilot in
command of a powered-lift must use the minimum altitudes specified in
Sec. 135.203(a)(1) and (2) when making the determinations required by
Sec. 135.615(a)(3). In the final rule, the FAA will still require the
pilot in command of a powered-lift to use the minimums specified in
Sec. 135.203(a)(1) and (2) for the VFR flight planning required by
Sec. 135.615(a) and for the enroute operations required by Sec.
135.615(b) when the powered-lift will be operated enroute in the wing-
borne flight mode.
In consideration of the comments received, the FAA will now allow a
powered-lift operated in the vertical-lift flight mode during enroute
operations to use the minimums described in Sec. 135.615(b). Powered-
lift that will be operated in the vertical-lift flight mode during the
enroute phase of flight will use the altitudes specified in Sec.
135.615(b) to determine the minimum required ceiling and visibility to
conduct that planned flight as required by Sec. 135.615(a). The FAA
made this change because a powered-lift in the vertical-lift flight
mode will be flying like a helicopter and operating at slower speeds
thus enabling the powered-lift to maneuver more like a helicopter.
Section 135.615(c) addresses the rerouting of the planned flight
path, change in destination, or other changes to the planned flight
that occur while the helicopter is on the ground at an intermediate
stop. This occurrence requires an evaluation of the new route in
accordance with Sec. 135.615(a). In the NPRM, the FAA proposed this
provision apply to powered-lift and adopts it as final. When the
powered-lift is operated in the vertical-lift flight mode during the
enroute phase of flight, when conducting the evaluation of the new
route, the altitudes specified in Sec. 135.615(b) will apply. However,
when the powered-lift is operated in the wing-borne flight mode during
the enroute phase of flight, when conducting the evaluation of the new
route, the altitudes specified in Sec. 135.203(a)(1) and (2) will
apply.
Therefore, the FAA adopts Sec. 194.308(t) as revised, but as a
result of renumbering, it is now Sec. 194.306(uuu).
The FAA also proposed 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 received one comment on proposed Sec. 194.308(u) from
GAMA, which agreed with the FAA's proposal to apply the pre-flight risk
analysis requirements of Sec. 135.617 to powered-lift conducting air
ambulance operations. Therefore, the FAA adopts Sec. 194.308(u) as
final, though due to renumbering, it is being adopted as Sec.
194.306(vvv).
Section 135.619 requires a certificate holder who is authorized to
conduct HAA operations with 10 or more helicopter air ambulances
assigned to the certificate holder's operations specifications to have
an operations control center. The FAA proposed 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.
The FAA received one comment on proposed Sec. 194.308(v) from
GAMA, which agreed with the FAA's proposal to apply the Operations
control center requirements of Sec. 135.619 operators utilizing
powered-lift to conduct air ambulance operations. Therefore, the FAA
adopts Sec. 194.308(v) as final, though due to renumbering, it is
being adopted as Sec. 194.306(www).
Section 135.621 stipulates the requirements for the briefing of
medical personnel on HAA flights. The FAA proposed in Sec. 194.308(w)
to apply the briefing requirements contained in Sec. 135.621 for
medical personnel to air ambulance operations that occur in powered-
lift.
The FAA received one comment on proposed Sec. 194.308(w) from
GAMA, which agreed with the FAA's proposal to apply the briefing of
medical personnel requirements of Sec. 135.621 to operators utilizing
powered-lift to conduct air ambulance operations. Therefore, the FAA
adopts Sec. 194.308(w) as final, though due to renumbering, it is
being adopted as Sec. 194.306(xxx).
E. Part 136 Rules for Powered-Lift
In the Update to Air Carrier Definitions final rule, the FAA
expanded the definitions and applicability of part 136 to accommodate
powered-lift and to ensure that the stringent safety risk mitigations
would apply to powered-lift that conduct commercial air tours.\421\ In
the NPRM, the FAA proposed to apply certain part 136 requirements that
are specific to helicopters to powered-lift. The FAA also took into
consideration powered-lift may conduct commercial air tours in the
wing-borne flight mode to address the risks associated with enabling
the operation of commercial air tours in powered-lift.
---------------------------------------------------------------------------
\421\ See Update to Air Carrier Definitions NPRM, 87 FR 75005
(Dec. 07, 2022).
---------------------------------------------------------------------------
The FAA received six comments relating to part 136 with one
commenter submitting two comments. Some comments were specific to the
sections within part 136. Most comments broadly suggested the FAA
follow ICAO Document 10103, Guidance on the Implementation of ICAO
Standards and Recommended Practices for Tilt-rotors and apply the
airplane rules. All commenters agreed the safety provisions of part 136
should also apply to powered-lift.
GAMA recommended the FAA follow ICAO guidance and to read
``helicopter'' or ``rotorcraft'' as ``powered-lift'' or read
``airplane'' as ``powered-lift'' depending on the regulation. GAMA
suggested the FAA should apply the relevant airplane
[[Page 92448]]
version of the rule to Sec. Sec. 136.9 and 136.11 and the relevant
rotorcraft version of the rule to Sec. Sec. 136.1 and 136.13.
According to GAMA, certain powered-lift demonstrate the capability to
glide in a manner similar to airplanes, therefore GAMA suggested the
FAA take full advantage of the similarities to airplanes during
overwater operations.
CAE and ADS (a UK trade association) both stated that using the
ICAO Document 10103 as a basis for powered-lift should be considered.
For part 136 this would translate to using the airplane rules for
overwater operations. NBAA submitted a group comment for AOPA/GAMA/HAI/
NATA/NBAA/VFS which also stated the FAA should consider using the ICAO
Document 10103 as a basis for powered-lift rule development.
In response to these comments from GAMA, and CAE, ADS, and NBAA who
also recommended the FAA follow the ICAO document 10103 in relation to
part 136, the FAA notes that these recommendations did not provide any
justification for following ICAO document 10103. This ICAO guidance
acknowledges the operation of tilt-rotors closely aligns with that of
helicopters and therefore states that ICAO Annex 6, Part III, Section
2, the helicopter provisions should apply most of the time. In some
cases, the ICAO guidance recommends the use of Annex 6, Part I, which
are provisions for airplanes. Flight over water is one example in which
this guidance recommends airplane provisions. The FAA noted that no
comments were provided relating to part 136 and features that may
influence buoyancy or whether powered-lift will take on water or float
for a longer period of time after ditching. 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--characteristics of airplane designs--will exist in all
powered-lift. Therefore, the FAA will not adopt the ICAO guidance
across the board for powered-lift but will look at each regulation
individually.
In finalizing this rule, the FAA determined that creating a table
for part 136 would maintain consistency throughout the SFAR operating
rules for parts 91, 135, and 136. In addition, as already explained in
the introduction to the operational rules, the FAA combined the
airplane and rotorcraft provisions in parts 91 and 135 so that each
section now only has one table instead of two. Similarly, the FAA has
created a table to Sec. 194.308 outlining both the airplane and
rotorcraft provisions applicable to powered-lift under part 136. As
part of this revision, the FAA added paragraph Sec. 194.308(a)
reiterating that powered-lift must continue to comply with rules
applicable to all aircraft under part 136.
1. Suitable Landing Area for Rotorcraft (Sec. 136.1)
The term ``suitable landing area for rotorcraft'' is codified in
Sec. 136.1 as an area that provides the operator reasonable capability
to land in an emergency without causing serious injury to persons.
These suitable landing areas must be site-specific, designated by the
operator, and accepted by the FAA.\422\ In the NPRM, the FAA proposed
to apply Sec. 136.1 to powered-lift in Sec. 194.310(b)(1). Applying
the definition for suitable landing areas for rotorcraft to powered-
lift ensures powered-lift operators designate potential landing areas
in advance of an operation. Designating potential landing areas reduces
the risk of an accident because the PIC is aware of potential sites for
emergency landings. The FAA expects operators conducting commercial air
tours in powered-lift to designate a site-specific landing area that,
when used, would not cause serious injury to persons.
---------------------------------------------------------------------------
\422\ Sec. 136.1.
---------------------------------------------------------------------------
The FAA received one comment on proposed Sec. 194.310(b)(1) from
GAMA who agreed with FAA that powered-lift should be aligned with
rotorcraft in Sec. 136.1 and therefore adopts as proposed. As a result
of renumbering, this is now codified under Sec. 194.308(b).
2. Life Preservers for Over Water (Sec. 136.9)
Section 136.9(a), which applies to powered-lift as written,
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.\423\ Section
136.9(b) provides exceptions to this requirement when a life preserver
is readily available and easily accessible to each occupant. Section
136.9(c) states no life preserver is required if the overwater
operation is necessary only for takeoff or landing. In the NPRM, the
FAA stated the exceptions in Sec. 136.9(b)(1), (b)(3), and (c) apply
to powered-lift as written.
---------------------------------------------------------------------------
\423\ Sec. 136.9.
---------------------------------------------------------------------------
Section 136.9(b)(2) requires the operator and PIC of a commercial
air tour over water beyond the shoreline to ensure that a life
preserver for each occupant is readily available and easily accessible
if the airplane is within power-off gliding distance to the shoreline
for the duration of the time that the flight is over water. In the
NPRM, the FAA proposed in Sec. 194.310(a)(1) to apply Sec.
136.9(b)(2) to powered-lift when it is operating in the wing-borne
flight mode within the power-off gliding distance to the shoreline.
Therefore, when a powered-lift is operating in the wing-borne flight
mode, life preservers only need to be readily available and easily
accessible to each occupant. Conversely, when operating in vertical-
lift mode, those life preservers must be worn by each occupant.
The FAA received one comment on proposed Sec. 194.310(a)(1) from
GAMA, who agreed with the FAA that powered-lift should be aligned with
airplanes in Sec. 136.9(b)(2). The FAA therefore adopts Sec.
194.310(a)(1) as proposed but, as a result of renumbering, it is now
Sec. 194.308(d)(1)(i).
The FAA received a comment from Joby related to Sec. 136.9(b)(3),
which was not explicitly addressed in the NPRM because Sec.
136.9(b)(3) already applies to aircraft in general, including powered-
lift. Joby indicated the critical engine inoperative for multiengine
aircraft does not apply to electric powered-lift. Joby also mentioned
that electric powered-lift currently being developed may not have a
single engine failure which would be critical for performance or
handling qualities. Joby commented about the airworthiness criteria and
design standards for electric powered-lift, mentioning they have
adopted the concept of ``critical loss of thrust,'' which is specific
to an aircraft and the electric propulsion system architecture being
used. Therefore, Joby recommended adding ``or critical loss of thrust
for distributed electric propulsion systems'' to Sec. 136.9(b)(3) to
better accommodate multi-engine aircraft with distributed electric
propulsion systems.
The FAA agrees with Joby that another term to capture aircraft that
does not have a ``critical engine'' but may have other powerplants that
could experience a loss of thrust impacting the aircraft's ability to
stay aloft needs to be addressed. The FAA addresses Joby's comment in
section VI.D.3 of this preamble.\424\ For the reasons previously
discussed, the FAA will add ``or while experiencing a critical change
of thrust'' under Sec. 194.308(d)(1)(ii) in the final rule which will
read, ``Section 136.9(b)(3) applies to multiengine powered-lift that
can be operated with the critical engine inoperative or while
experiencing a critical change of thrust, at a weight that
[[Page 92449]]
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 approved Aircraft
Flight Manual for that aircraft.'' By adding this term to the SFAR, it
will allow the exception for a life preserver to be readily available
for its intended use and easily accessible to each occupant rather than
requiring each occupant to wear a life preserver providing the powered-
lift can meet the performance criteria discussed above. If a powered-
lift cannot meet the performance criteria as discussed above or is not
equipped with floats, then each occupant must wear a life preserver
from before takeoff until the flight is no longer over water.
---------------------------------------------------------------------------
\424\ For a more detailed discussion on ``critical change of
thrust'' see Section V.C.3 regarding Sec. 135.168.
---------------------------------------------------------------------------
The FAA did not include the term ``distributed electric
propulsion'' as recommended by Joby because the FAA wanted this change
to apply to all future propulsion systems that could experience a
critical change of thrust, and not just those that are electrically
driven.
Joby also recommended, regarding Sec. 136.9(b)(3), that the term
aircraft be used in place of airplane and rotorcraft in reference to
flight manual. That change was made in the Update to Air Carrier
Definitions rule which was published July 26, 2023.
As a result of the foregoing, the FAA adopts Sec. 194.308(a)(1) as
proposed, but as a result of renumbering it is now Sec.
194.308(d)(1)(i). The FAA also adds Sec. 194.308(d)(1)(ii), which adds
the term ``critical change of thrust'' to Sec. 136.9(b)(3) in response
to Joby's comment.
3. Rotorcraft Floats Over Water (Sec. 136.11)
Section 136.11 permits single-engine rotorcraft 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
rotorcraft 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 as provided in the AFM also
must be equipped with fixed floats or an inflatable flotation system.
Rotorcraft that are equipped with flotation systems must have an
activation switch for that system on one of the primary flight
controls, and the system must be armed when the rotorcraft is over
water and flying at a speed that does not exceed the maximum speed
prescribed in the AFM. 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.\425\
---------------------------------------------------------------------------
\425\ See Update to Air Carrier Definitions NPRM, 87 FR 75004
(Dec. 07, 2022).
---------------------------------------------------------------------------
In the NPRM, the FAA proposed to apply Sec. 136.11(a)(2), (b), and
(c) 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. Requiring flotation equipment is a
necessary requirement for mitigating the serious risks posed by engine
failures over water for these aircraft.
Joby commented on Sec. 136.11 with a suggestion to add the term
powered-lift alongside helicopter to the entire section except for
Sec. 136.11(a)(1), which is for single-engine rotorcraft. Joby also
requested to add ``critical loss of thrust for distributed electric
propulsion systems'' to Sec. 136.11(a)(2) for the same reasons
specified in their comment on Sec. 136.9(b)(3).
GAMA suggested Sec. 136.11 would not need to be changed because
the overwater requirements for powered-lift are covered by Sec. 136.9.
The FAA disagrees with GAMA. These two over water regulatory
requirements are both necessary for powered-lift, as Sec. 136.11
provides criteria for inflatable floats that is not found within Sec.
136.9 (b)(1). Section 136.11 requires rotorcraft to install floats when
used in commercial air tours over water beyond the shoreline unless it
is a multi-engine aircraft that can meet the performance criteria to
keep it out of the water. The same criteria are equally important for
powered-lift. If the powered-lift is operating beyond the shoreline and
cannot meet that performance criteria to keep it out of the water, then
each occupant must wear a life preserver. Powered-lift, just like
multiengine rotorcraft, that have the performance capability to keep
the aircraft out of the water are not required to install floats.
However, the operator or pilot in command of a commercial air tour over
water beyond the shoreline must still ensure a life preserver is
readily available and easily accessible to each occupant as required
for all aircraft under Sec. 136.9(b).
Based on the information the FAA received during the comment
period, the FAA decided to remove the reference to ``vertical-lift
flight mode'' in Sec. 194.310(b)(2) because powered-lift designs are
still in the development phase and there is no operational data to
support that most powered-lift designs will behave like an airplane in
a ditching scenario regardless of the flight mode. One of the purposes
of the SFAR is to gain knowledge such as this before a final rule is
codified. The FAA also believes many of the powered-lift will have the
performance capability to keep the aircraft out of the water and will
therefore not be required to install floats. As a result, the FAA has
removed reference to ``vertical-lift flight mode'' in Sec.
194.308(d)(2).
As discussed above, in the NPRM, the FAA proposed to apply Sec.
136.11(a)(2), (b), and (c) to powered-lift that are conducting air tour
operations beyond the ``auto-rotational distance or gliding distance
from the shoreline.'' The FAA is removing this reference for three
reasons. First, due to the removal of the reference to vertical-lift
flight mode, the FAA determined the term ``auto-rotational'' is no
longer required for Sec. 194.308(d)(1) and (2). Second, in review of
the National Air Tours Safety Standards final rule published February
13, 2007, the FAA used the term ``gliding distance'' with respect to
helicopters and implied that the use of the term gliding was inclusive
of an autorotation.\426\ Third, removing the reference ``auto-
rotational'' will maintain consistency and avoid any confusion with the
term ``gliding'' contained in Sec. 136.11. As a result, the FAA has
used the verbiage from Sec. 136.11 stating that Sec. 136.11(a), (b),
and (c) apply to powered-lift ``used in commercial air tours over water
beyond the shoreline.'' In addition, the exceptions under Sec.
136.11(c) still apply--the exception under Sec. 136.11(c)(2) would
apply to powered-lift that meet those criteria, which includes both
autorotating and gliding distance to the shoreline.
---------------------------------------------------------------------------
\426\ National Air Tours Safety Standards, final rule, 72 FR
6904 (Feb. 13, 2007).
---------------------------------------------------------------------------
In the NPRM, the FAA stated it would not apply the single-engine
provision from Sec. 136.11(a)(1) to powered-lift because all powered-
lift coming to the market are currently multiengine, not single-engine.
However, the FAA has reconsidered the decision to not apply Sec.
136.11(a) to single-engine powered-lift because a single-engine
powered-lift could be developed during the duration of the SFAR and
should be equally covered by the safety provisions stipulated for
rotorcraft in Sec. 136.11(a). Without knowing whether a powered-lift
will float for a longer period of time than a rotorcraft after
ditching, the safety justifications to require floats be installed on
single-engine powered-lift
[[Page 92450]]
are equal to those for single-engine rotorcraft used in commercial air
tours over water beyond the shoreline. Therefore, the FAA will add
powered-lift alongside rotorcraft in the SFAR and change Sec.
194.310(b)(2) to meet the intent of Sec. 136.11(a)(1). This new
provision is codified at Sec. 194.308(d)(2)(i).
The FAA is making a change to the final regulatory text pertaining
to Sec. 136.11(a)(2). Joby's comment on Sec. 136.11(a)(2) is
identical to their comment on Sec. 136.9(b)(3), and therefore the FAA
will incorporate the verbiage into SFAR Sec. 194.308(d)(2)(ii) with
minor revision to Joby's proposal for Sec. 136.11(a)(2) as discussed
in the section regarding Sec. 136.9(b)(3). As discussed in Sec.
136.9(b)(3), the FAA will add the term ``critical change of thrust'' to
Sec. 194.308(d)(2)(ii). Adding this paragraph will ensure a powered-
lift operating in commercial air tours over water beyond the shoreline
must meet the performance requirements of Sec. 136.11(a)(2) or be
equipped with fixed floats or an inflatable flotation system adequate
to accomplish a safe emergency ditching.
In their comment relating to Sec. 136.11(b)(2), Joby also
recommended that the term aircraft be used in place of airplane and
rotorcraft in reference to flight manual. That change was made in the
Update to Air Carrier Definitions rule which was published July 26,
2023.
Therefore, the FAA adopts Sec. 194.310(b)(2) with the changes
referenced above; however, due to renumbering this provision is now
Sec. 194.308(d)(2). The FAA will add the provisions of Sec. 136.11(a)
to single-engine powered-lift under Sec. 194.308(d)(2)(i), add the
term ``critical change of thrust'' to Sec. 194.308(d)(2)(ii), remove
the provision that Sec. 194.308(d)(2) is only applicable to powered-
lift operating in the vertical-lift flight mode, and remove references
to ``auto-rotational or gliding distance'' in Sec. 194.308(d)(2).
4. Rotorcraft Performance Plans and Operations (Sec. 136.13)
Section 136.13 requires operators using rotorcraft to develop a
performance plan before each commercial air tour operation. These plans
must be reviewed by the Pilot in Command (PIC) for accuracy and adhered
to during flights. Such plans play a crucial role in mitigating risks
by requiring the PIC to be prepared to respond to unexpected
situations.
Similar to rotorcraft, commercial air tour operators of powered-
lift will likely take advantage of the vertical takeoff, out of ground
effect hovering capabilities, and out of ground effect slow flight
capabilities of these aircraft while operating at speeds that may not
exceed effective translational lift airspeed. Operating in this
condition increases the exposure to the risk of not being able to
perform a successful autorotation landing in the event of an engine
failure. The FAA acknowledged that operating within the ``avoid'' zone
of the height/velocity (H/V) diagram or the ``avoidance area related to
the transitions that may occur between the vertical-lift and wing-borne
mode'' decreases the ability to successfully perform an autorotation,
or a safe landing following a critical change of thrust. Hence,
operators must not just plan, but operate in alignment with the
performance plan to ensure aviation safety. As a result, operators
should be aware of H/V diagrams or the performance capability of their
aircraft following a critical change of thrust. This will require a
performance plan for commercial air tours that are conducted in
powered-lift which have height velocity information or performance
criteria with avoidance area information contained in the AFM related
to the transitions that occur between the vertical-lift and wing-borne
mode.
The FAA received one comment from GAMA who agreed the provision of
Sec. 136.13 should apply to powered-lift. The FAA did not make any
substantive changes to the proposed regulatory text. As a result, the
FAA adopts Sec. 194.310(b)(3), which requires a person to comply with
the requirements specified for rotorcraft contained Sec. 136.13, as
final. As a result of renumbering, it is now Sec. 194.308(d)(3).
5. Commercial Air Tours in Hawaii
In the Update to Air Carrier Definitions final rule, the FAA
amended the applicability and definitions that were contained in
subpart A of part 136 and appendix A to include powered-lift.\427\
Additionally, the information contained in appendix A to part 136 was
moved to subpart D of part 136. Subpart D of part 136 now contains the
special operating rules for air tour operators in Hawaii.\428\ This
subpart prescribes operating rules for air tour flights conducted in
airplanes, powered-lift, or rotorcraft under VFR in the State of Hawaii
pursuant to parts 91, 121, and 135.\429\
---------------------------------------------------------------------------
\427\ Update to Air Carrier Definitions final rule, 88 FR 48077
(July 26, 2023).
\428\ In the Update to Air Carrier Definitions final rule, the
FAA recodified appendix A, which was previously SFAR No. 71, as
subpart D of part 136. Update to Air Carrier Definitions, final
rule, 88 FR 48078 (July 26, 2023).
\429\ Id.
---------------------------------------------------------------------------
The FAA received one comment from GAMA relating to appendix A
Special Operating Rules for State of Hawaii. They made a broad
statement to apply either airplane or helicopter rules for powered-
lift, including for appendix A, without any specifics. The FAA agrees
with GAMA, as their broad statement is in line with the FAA's general
approach to integrating powered-lift into the regulations. As stated in
the NPRM, for rules that are not generally applicable to aircraft, the
FAA will apply the rotorcraft rules to powered-lift as contained in
subpart D of part 136--Special Operating Rules for Air Tour Operators
in the State of Hawaii.
Flotation Equipment: Section 136.75(a) replaced section 3 of
appendix A, as identified in the NPRM, and does not permit an air tour
in Hawaii in a single-engine \430\ rotorcraft beyond the shore of any
island unless the rotorcraft is amphibious, equipped with floats
adequate to accomplish a safe emergency ditching, and approved
flotation gear is easily accessible for each occupant or each person on
board the rotorcraft is wearing approved flotation gear. The FAA
proposed to apply section 3 of appendix A (now Sec. 136.75(a)) to
powered-lift in Sec. 194.310(b)(4)(i). 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. The FAA determined that extending
this requirement to all powered-lift operators conducting air tours in
Hawaii beyond the shore of any island was appropriate because powered-
lift will likely operate in a manner that is similar to rotorcraft when
conducting air tour operations in Hawaii.
---------------------------------------------------------------------------
\430\ See below for further discussion on the FAA permanently
amending Sec. 136.75(a) to refer to ``single-engine'' rotorcraft.
---------------------------------------------------------------------------
The FAA did not receive any comments on SFAR 194.310(b)(4)(i). The
only change the FAA is making to the proposed Sec. 194.310(b)(4)(i) is
that it now references Sec. 136.75(a), rather than section 3 of
Appendix A. The FAA adopts Sec. 194.310(b)(4)(i) as amended, but as a
result of renumbering, it is now Sec. 194.308(d)(4).
i. Performance Plan (Sec. 136.75(b))
Section 136.75(b) replaced section 4 of appendix A as identified in
the NPRM and requires each rotorcraft operator to complete a
performance plan that is based on the current approved AFM for that
aircraft and the PIC must
[[Page 92451]]
comply with that plan.\431\ The performance plan must be based upon
information contained in the AFM and must consider the maximum density
altitude for the flight; maximum gross weight and center of gravity for
hovering while in and out of ground effect; and the highest combination
of weight, altitude, and temperature. 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.
---------------------------------------------------------------------------
\431\ Sec. 136.75(b).
---------------------------------------------------------------------------
In the NPRM, the FAA proposed to apply section 4 of appendix A (now
Sec. 136.75(b)) to powered-lift in Sec. 194.310(b)(4)(ii). 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 operation.
In response to the one comment received from GAMA, noted above, the
FAA did not make any changes to the proposed regulatory text. The only
change the FAA is making to Sec. 194.310(b)(4)(ii) is that it now
references Sec. 136.75(b), rather than section 4 of appendix A. The
FAA adopts Sec. 194.310(b)(4)(ii) as revised, but as a result of
renumbering, it is now Sec. 194.108(d)(5).
Section 136.75(c) replaced section 5 of appendix A as identified in
the NPRM and 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 or a critical change of thrust in accordance with the
height-speed envelope under current weight and aircraft altitude.
In the NPRM, the FAA proposed to apply section 5 of appendix A (now
Sec. 136.75(c)) to powered-lift in Sec. 194.310(b)(4)(iii). Applying
the operational limitations for rotorcraft to powered-lift was
determined to be appropriate because the FAA expects powered-lift will
hover and have other operating characteristics like rotorcraft when
conducting air tours. Because engine power loss or a critical change of
thrust could have detrimental consequences, powered-lift may require
quick landings in response to engine failures or critical changes of
thrust. The FAA determined that requiring the PIC to operate the
aircraft in a manner that permits the PIC to land safely was an
appropriate means of mitigating the risk associated with engine power
loss or critical changes of thrust. Overall, the proposal aims to
ensure that powered-lift operations in commercial air tours adhere to
safety standards equivalent to those established for rotorcraft in
Hawaii. This extension was deemed appropriate given the similarities in
operating profiles between powered-lift and rotorcraft during air tour
operations in Hawaii.
In response to the one comment received from GAMA as mentioned
above, the FAA did not make any changes to the proposed regulatory
text. However, to align with the new verbiage, critical change of
thrust, associated with powered-lift and previously discussed in
section VI.D.3. of this final rule, the FAA will add language to
clarify that the term ``critical change of thrust'' is included after
``in event of engine power loss'' in Sec. 136.75(c). The FAA is
further amending Sec. 194.310(b)(4)(iii) to refer to Sec. 136.75(c),
rather than section 5 of appendix A. As a result, the FAA adopts Sec.
194.310(b)(4)(iii) as amended, but as a result of renumbering, these
amendments are reflected in Sec. 194.308(d)(6).
ii. Permanent Rule Change for Sec. 136.75(a)
In the Update to Air Carrier Definitions rule, when appendix A was
moved to subpart D and the term helicopter was changed to rotorcraft, a
word was inadvertently omitted. As a result, the applicability of
required flotation equipment was mistakenly expanded to all rotorcraft,
instead of only single-engine rotorcraft. Therefore, the FAA will add
the term ``single-engine'' ahead of ``rotorcraft'' as a permanent
change in Sec. 136.75(a) because the FAA never intended for this
requirement to apply to all rotorcraft, but instead to only apply to
single-engine rotorcraft.
F. Part 43 Applicability to Powered-Lift
Part 43 outlines maintenance, preventive maintenance, rebuilding,
and alteration rules for any aircraft with U.S. airworthiness
certificates; 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.\432\ Aircraft operating under parts 91 or 135 must be
maintained and inspected in accordance with part 43.
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\432\ Sec. 43.1.
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Section 43.3(h) states that the Administrator may approve a
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 FAA proposed in Sec.
194.402(a) 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. 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.\433\ The pilot is required to complete
an FAA-approved training program and perform the specific preventive
maintenance items under the direct control of the certificate holder's
preventive maintenance program. Some powered-lift pilots may operate in
remote areas and would consequently experience the same challenges that
exist for rotorcraft when an unscheduled malfunction occurs.
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\433\ See Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40692 at 40702 (Nov. 7, 1986).
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The FAA did not receive any comments on Sec. 43.3(h). Therefore,
the FAA adopts Sec. 194.402 as final and applies Sec. 43.3(h) to
powered-lift.\434\
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\434\ 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, 43.17, and
Appendix F to part 43 all apply to ``aircraft,'' and, accordingly,
to powered-lift. See 14 CFR part 43.
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The FAA also proposed to apply Sec. 43.15(b) to powered-lift in
Sec. 194.402(b). Section 43.15(b) requires persons performing an
inspection on a rotorcraft, as required by part 91, to inspect certain
rotorcraft systems in accordance with the maintenance manual or
Instructions for Continued Airworthiness.\435\
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\435\ Sec. 43.15(b).
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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.\436\ However, these systems are specific to rotorcraft and
may or may not apply to powered-lift. Powered-lift are new entrant
aircraft, and as a result, the FAA did not
[[Page 92452]]
have the information to know all the systems on any given powered-lift
that may be considered a critical part. The parts the powered-lift
manufacturer identifies as ``critical parts'' for flight are required
inspection items and must be listed in the aircraft manufacturer's
maintenance manual. 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.
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\436\ 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.
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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.
Requiring a powered-lift critical parts inspection under Sec.
194.402(b) will ensure that the owner or operator's inspections comply
with both Sec. 43.15(b) as well as Sec. 91.409, which requires
aircraft inspections conducted in accordance with part 43 to obtain or
keep an airworthiness certificate. The FAA did not receive any comments
on the proposed Sec. 194.402.
Therefore, the FAA adopts Sec. 194.402 as final and applies
Sec. Sec. 43.3(h) and 43.15(b) to powered-lift.
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. 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 hiring decision.
Section 111.1(b)(4) states that part 111 applies to an operator who
operates two or more aircraft described in paragraphs (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 (i) and (ii) apply to standard
airworthiness airplanes that require a type rating under Sec. 61.31(a)
and turbine-powered rotorcraft, respectively.
In the NPRM, the FAA proposed permanently amending Sec.
111.1(b)(4) to include a new paragraph (iii) that applies to large
powered-lift. The FAA did not propose amending other paragraphs within
Sec. 111.1 because, as currently written, they already apply to
operators of powered-lift. Pilots of large powered-lift may go on to
work for an air carrier in the future, and reporting these pilot
records would be relevant to a future hiring air carrier. This proposal
aligns with the current requirements and intent of Sec. 111.1(b)(4)
and the type rating requirements in Sec. 61.31(a).
The FAA received one comment related to Sec. 111.1(b)(4). A4A
agreed with the FAA's proposed amendment to Sec. 111.1(b)(4), stating
that obtaining information before a pilot is hired via the FAA's PRD is
necessary for safety.
The FAA agrees with A4A that the PRD provides a crucial level of
detailed information on pilots operating in the NAS. The PRD provides
air carriers with pilot certificates, ratings and limitations, medical
certificate information, failed attempts to pass a practical test, and
accidents and incidents from the FAA, employment history from air
carriers, and the date of request for motor vehicle driving records
from the National Driver Register.
In response to the comment received, the FAA did not make any
changes to the proposed regulatory text. Therefore, the FAA adopts
Sec. 111.1(b)(4)(iii) as final.
VII. Air Traffic Operations
In the NPRM, the FAA proposed to leverage its existing standards
and procedures for powered-lift air traffic operations. These standards
and procedures encompass separation protocols managed by Air Traffic
Control (ATC) to ensure safe and orderly air traffic flow. These
standards vary based on factors like airspace classification and
aircraft type.
FAA Order JO 7110.65 details the air traffic separation standards
and addresses separation standards and procedures for aircraft and
helicopters differently. Factors like aircraft weight, wake turbulence,
and radar distance influence separation standards, with ongoing
monitoring to maintain safety. Currently, the FAA's Air Traffic
Organization is working to modify JO 7110.65, ensuring safe and
efficient powered-lift operations in the National Airspace System
(NAS). While updates to accommodate powered-lift are underway, ATC will
leverage its existing standards for aircraft.
Eve suggested the SFAR did not consider emerging technology and
benefits of advanced traffic management services that will support
operations coordination at scale. The FAA will not make any changes at
this time. The FAA will use existing traffic management systems to
support and manage powered-lift operations as necessary. However, the
FAA may consider whether changes are appropriate as demand for powered-
lift operations grows.
One commenter asserted people on the ground should be protected
from the unique risks posed by eVTOLs' battery systems, which the
commenter said are highly flammable. The commenter recommended
considering flight routes for battery powered eVTOLs and said, if these
aircraft operate over densely populated areas, they should follow
railroads, highways, and street paths, rather than cutting across
neighborhoods. Additionally, the commenter argued the flying public
should be made aware ahead of time whether an eVTOL they intend to fly
on as a passenger has a pilot on-board.
The FAA did not make any changes to the proposed regulatory text
and determined no additional rulemaking is necessary at this time to
address air traffic procedures. As mentioned above, the FAA will use
existing traffic management systems to support and manage powered-lift
operations as necessary. In addition, these aircraft are required to be
type certificated, including those used for carrying passengers, and
thus required to meet the FAA's expectations for safety and
reliability. Today, one way the FAA helps protect persons and property
on the ground with manned aviation is by using minimum safe altitudes
which pilots must follow to help ensure the pilot has enough time to
respond to an emergency. As discussed in section VI. of this preamble
(``Operational Rules for Powered-Lift''), during this rulemaking, the
FAA evaluated the current minimum safe altitudes to determine how they
should apply to powered-lift. The FAA determined that some powered-lift
have operating characteristics similar to helicopters in that they can
land in a relatively small space and have the ability to autorotate (or
perform an equivalent maneuver) with precision during power-out
emergencies. If a powered-lift can meet the performance-based
requirements outlined in the SFAR, it can use the minimum safe
altitudes for helicopters with no adverse effect on safety. Powered-
lift that cannot meet the
[[Page 92453]]
performance-based requirements will use the minimum safe altitudes
outlined for aircraft other than helicopters. In regard to the
suggestion that powered-lift operations alert passengers on whether a
pilot is operating the aircraft, the powered-lift rule does not
contemplate powered-lift operating without a pilot, and therefore does
not address passenger-carrying operations without a pilot on board.
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 (CAAs) each integrate the ICAO SARPs into
their national legal frameworks and practices and are responsible for
regulatory oversight. When unable to integrate the ICAO SARP into their
national legal framework, each ICAO Member State CAA is obligated to
file a difference to that ICAO SARP and update their CAA's Aeronautical
Information Publication (AIP). When the FAA is notified that ICAO
adopted a new standard which is impracticable to comply with in all
respects of the standard or procedure, or to bring its own regulations
or practices into full accord with any international standard, the FAA
will notify ICAO of the differences between its own practice and that
established by the international standard.
As these aircraft obtain type certification, the FAA will amend, as
appropriate, operational rules and pilot training requirements to
support the varied designs being proposed by the manufacturers. Longer
term, the agency will continue to develop permanent powered-lift
regulations to safely enable powered-lift operations by working with
industry and international partners. This process is performed in
parallel to the FAA's international partners' efforts and in alignment
with international safety requirements. This is an ongoing project and
relies on data-gathering processes to develop more permanent
regulations.
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. Similarly, ICAO Annex 1 provides
SARPs for personnel licensing, including those for powered-lift
ratings. Specifically, ICAO included a permissive transitional measure
in ICAO Annex 1, providing ICAO member States a temporary
recommendation for the issuance of a powered-lift type rating. 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 has chosen not to implement this permissive transitional
measure as written, but rather require a powered-lift category rating
in addition to a type rating for each make/model of aircraft. This is
due to the wide range of powered-lift being developed that have complex
and varied design, flight, and handling characteristics, making the
establishment of classes within powered-lift not practicable at this
time. Therefore, pilots with an airplane category or rotorcraft
category helicopter class rating may transition and/or add a powered-
lift category rating, hence providing a substantial pool of qualified
candidates to staff the initial cadre of powered-lift pilots and
instructors. This meets the standards in ICAO Annex 1 and establishes a
path toward pilot certification with an equivalent level of safety by
providing pilots training on the unique designs of powered-lift while
leveraging those pilots' prior experience and advanced training devices
to create the first group of powered-lift pilots. These pilots will
then go on to form the first instructors for subsequent applicants.
Should the ICAO transitional measure become a standard in the future,
the FAA will undertake measures to align with ICAO standards to the
greatest extent practicable, which may include filing a difference.
EASA stated that the FAA's definition of ``powered-lift'' will not
fit all innovative VTOL aircraft because they do not all have non-
rotating airfoils to create lift during horizontal flight and expressed
concern regarding international harmonization efforts. The agency
described its approach to certify innovative VTOL aircraft as a
separate ``VTOL-capable aircraft'' category with a new, flexible
regulatory framework for pilot licensing and operations of such
aircraft. EASA invited the FAA to reconsider its own approach in the
proposed SFAR, stating that European VTOL aircraft manufacturers view
the powered-lift category rating requirement as an obstacle to
achieving innovative VTOL aircraft operations. While EASA acknowledged
that the FAA's approach to powered-lift pilot licensing is comparable
to the agency's own approach in many respects, the principal difference
is the powered-lift category rating requirement where, instead, EASA
proposed alignment with Sec. 2.1.1.4.\437\
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\437\ Additionally, EASA described that in CM-FCD-001, EASA
proposed requiring each applicant for a Type Certificate (TC) of
VTOL-capable aircraft carry out a gap analysis, or Training Needs
Analysis (TNA), to develop a customized syllabus to be approved as
part of the Operational Suitability Data: Flight Crew (OSD FC). EASA
described that the TNA, conducted in coordination with the agency,
would identify the elements of pilot type rating training and
checking based on the specific characteristics of the aircraft and
will be the foundation of the training syllabi. NBAA also emphasized
the proposal in CM-FCD-001 as a means to qualify FAA airmen.
---------------------------------------------------------------------------
The FAA received many comments on the decision to decline to
implement ICAO's transitional measure. These comments are summarized
and addressed in section V.A. of this preamble, Establish a Type Rating
Requirement for Persons Seeking to Act as PIC of Powered-Lift, of this
preamble. The FAA is actively engaged with international certification
authorities to define and align the certification requirements for
Advanced Air Mobility. In addition to alignment with the ICAO Annexes,
the FAA also maintains bilateral agreements, which cover innovative
projects such as eVTOL aircraft. The FAA will continue to work with
other foreign regulators to validate their eVTOL aircraft under
development and to develop a path for U.S. eVTOL aircraft to be
validated by them, especially with EASA, where aircraft certification
and airman certification pathways may diverge. The level of new and
innovative technology in an eVTOL aircraft is of course very high, so
early partnerships and cross-authority communication to harmonize our
approach for these technology areas are critical to our success.
International engagement, collaboration, and harmonization are integral
parts of our mission given the global nature of this industry when it
comes to aviation
[[Page 92454]]
safety. The FAA remains committed to improving the sharing of knowledge
and information to advance global aviation safety--in other words,
transparency.
B. Operations of Aircraft
Under parts 91 and 135, while operating outside the United
States,\438\ the FAA requires U.S. operators to comply with ICAO Annex
2, Rules of the Air. As a result, powered-lift operators 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 FAA's approach to
powered-lift operational requirements centered on determining which
airplane-, helicopter-, or rotorcraft-specific rules apply to powered-
lift and takes into account which flight mode, either vertical-lift or
wing-borne flight mode, the aircraft will operate in during those
operations. The FAA has determined this approach meets an equivalent
level of safety with the current rules in parts 91 and 135 while
allowing operational flexibility commensurate with the variable nature
of powered-lift flight modes.
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\438\ See Sec. 91.703 for additional requirements for
operations of civil aircraft of U.S. registry while conducting
operations outside of the United States.
---------------------------------------------------------------------------
Several commenters contended that the proposed SFAR does not fully
align with ICAO SARPs.
Commenters recommended the FAA revise the NPRM to apply helicopter
altitude and weather minima for approach, departure, and landing; and
revise the existing fuel reserve requirement to a performance-based
standard for powered-lift to maintain an equivalent level of safety.
Archer recommended clarifying the framework via ICAO Document 10103
``Guidance on the Implementation of ICAO Standards and Recommended
Practices for Tilt-rotors.''
A joint association letter from AIA, AUVSI, HAI, NATA, NBAA, and
VFS encouraged the FAA to consider language in the Advanced Aviation
Act \439\ when adjudicating comments as well as considering the
guidance found in ICAO Document 10103.
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\439\ The Advanced Aviation Act ``directs the DOT to redesignate
the Office of NextGen as the Office of Advanced Aviation whose
duties include the coordination of rulemaking and approval processes
on manners relating to advanced aviation systems.'' The bill also
seeks to promote a practical pathway for pilot qualifications and
operations, aligning those pathways with section 2.1.1.4 of ICAO
Annex 1, adoption of recommendations in Document 10103, applying
performance-based requirements for energy reserves, and consulting
with the U.S. Air Force Agility Prime Program. Advanced Aviation
Act, H.R. 220, 118th Congress.
---------------------------------------------------------------------------
To achieve better alignment with ICAO standards, Joby suggested the
FAA reverse proposed Sec. Sec. 194.302 and 194.303, add ``unless
otherwise specified'' to those proposed sections to allow flexibility,
or regulate all powered-lift operations according to helicopter
rules.\440\ AWPC, ADS, and GAMA suggested conforming with ICAO SARPs by
including performance-based operational rules that account for the
diverse operational capabilities of powered-lift.
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\440\ If applying helicopter rules to all powered-lift
operations, Joby recommended addressing other relevant regulations
with limitations in the Airplane Flight Manual (AFM).
---------------------------------------------------------------------------
Commenters identified ICAO Document 10103 \441\ as providing a
framework for harmonizing powered-lift standards. Joby, Supernal, AWPC,
the NBAA, and L3Harris contended that the ICAO SARPs and ICAO Document
10103 were dismissed, misrepresented, or ignored by the FAA in the
proposed SFAR. With regard to ICAO Document 10103, the NPRM
acknowledged this document as providing ``basic guidance relative to
large turbine-powered tilt-rotors (a kind of powered-lift),'' \442\ but
determined that it does not address electric-powered tilt-rotors or
other types of powered-lift. Joby disagreed with this assessment and
asserted that the document does not solely apply to large turbine-
powered tilt-rotors as the NPRM stated. Supernal and the NBAA argued
that the document's standards do not explicitly exclude electric
propulsion and that there is no safety case made for the FAA's
conclusion confirming ICAO intended to exclude electric propulsion. The
NBAA stated that other National Aviation Authorities (NAAs) seem
prepared to follow the concepts of ICAO Document 10103. EASA, for
example, utilized ICAO Document 10103 in consideration of rulemaking
efforts related to air mobility. The commenters believe the rationale
in the preamble is insufficient to support dismissal of Document 10103.
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\441\ Guidance on the Implementation of ICAO Standards and
Recommended Practices for Tilt-rotors (10103), International Civil
Aviation Organization (2019).
\442\ Integration of Powered-Lift: Pilot Certification and
Operations; Miscellaneous Amendments Related to Rotorcraft and
Airplanes NPRM, 88 FR 39068 (June 14, 2023).
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AWPC argued that the FAA did not consider ICAO Standards and
Recommended Practices in the proposed SFAR and its applicability to the
AW609 Tiltrotor. AWPC noted throughout the SFAR that the FAA states it
lacks sufficient operational data regarding powered-lift operations.
The commenter disagreed because, with over 700,000 large turbine
powered tiltrotor flight hours, AWPC believed sufficient operational
data exists for the FAA to review when evaluating the rules and
regulations that should apply to the AW609 tiltrotor operations.
CAE and NBAA stated that the NPRM's proposal to adopt airplane
rules for powered-lift (except where helicopter rules are more
conservative) endangers harmonization efforts with ICAO member states,
and that manufacturers and operators in states closely aligned with
ICAO have less costly regulatory burdens while achieving the same
safety goals. As mentioned above, CAE and the NBAA believed the FAA
should consider ICAO Document 10103. CAE and the NBAA further stated
that powered-lift aircraft should utilize helicopter fuel reserves,
weather minimums and most other helicopter operational rules in parts
91, 135, and 136; however, because the aircraft can glide farther than
rotorcraft and some are capable of high altitudes, airplane rules
should apply for overwater operations and high-altitude oxygen
requirements.
Supernal recommended revision to the SFAR purporting that ICAO has
adopted a helicopter-based requirement for vertical flight and aircraft
for on-wing flight. The commenter believes this approach aligns
powered-lift with helicopter requirements in FAA operational rules in
parts 91, 135, and 136. The commenter stated that the FAA's proposal to
align powered-lift more closely with airplane regulations creates
unreasonable mandates for energy reserves, minimum safe altitudes, and
weather minima. Supernal also stated that powered-lift perform with the
same low speed and maneuverability as a helicopter and that the
requirements should reflect these characteristics for takeoff and
landing. Finally, Supernal commented that ICAO Guidance Document 10103
provides operational rule standards for powered-lift and that this
guidance is the basis for the ICAO approach.
ADS placed heavy emphasis on the harmonization of regulations in
aligning with international standards, including the United Kingdom.
ADS is the trade association for the United Kingdom's aerospace,
defense, security, and space industries. ADS asserted stakeholders will
seek to export products to U.S. customers and therefore have a vested
interest in the regulatory framework currently under review. ADS
encourages the FAA to align with current guidance published in ICAO Doc
10103 because this would allow rules to be aligned with the aircraft
type's capabilities, whether airplane or helicopter. Finally,
[[Page 92455]]
ADS stated that the ICAO Guidance Document 10103 also supports the
development of performance-based operational rules based on the
specific performance characteristics of an aircraft.
Ferrovial Vertiports stated the FAA approach deviates from the
international standards for powered-lift pilot qualification and
operations. According to the commenter, to remain globally competitive,
the United States should align with the standards developed by ICAO
regarding powered-lift and tilt-rotor aircraft and seek harmonization
with trusted allies such as the EASA. In addition, HAI maintained the
SFAR does not address the requirements of our bilateral safety
agreements, particularly with the European Union. That agreement
requires discussions between the FAA and EASA when each is
contemplating regulations affecting design, production, or maintenance.
L3Harris supported the FAA's intention to use the SFAR as a bridge
to permanent rulemaking and gathering data for future adjustments.
However, this commenter stated that the proposed SFAR does not provide
the necessary conditions to enable initial operations and the
collection and sharing of performance data. L3Harris believes that
alignment with the ICAO Document 10103 framework in the final rule
would enable operators to collect and share data about the suitability
of rotorcraft operational rules for powered-lift, adjust current
standards, and accommodate the diverse range of vehicle types and
performance within the powered-lift category effectively. L3Harris
further proposed the SFAR should be reexamined by a permanent
rulemaking effort as soon as practicable.
The NBAA stated that using ICAO Document 10103 as a basis, powered-
lift aircraft would utilize helicopter fuel reserves, weather minimums
and most other helicopter operational rules in parts 91, 135, and 136;
however, because the aircraft can glide farther than rotorcraft and
some are capable of high altitudes, airplane rules would apply to
overwater operations and high-altitude oxygen requirements. Supernal
suggested revising existing fuel reserve requirements to a performance-
based standard for powered-lift. In doing so, Supernal believes an
equivalent level of safety can be maintained. Further, Supernal also
requested the SFAR to apply helicopter altitude and weather minima for
approach, departure, and landing.
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 enable operations, allowing both the
FAA and industry to observe those operations and then incorporate
additional efficiencies while maintaining safety in a later permanent
change to the regulations.
The FAA acknowledges that AWPC has accomplished many flight hours
while working toward the type certification of the AW609. However,
there are many other powered-lift entering the market and the FAA notes
that these rules are applicable to all powered-lift. Further, the FAA
notes that ICAO Document 10103 sets forth basic guidance relative only
to large turbine-powered tilt-rotors; however, this guidance does not
address electric-powered tilt-rotors or other types of powered-lift.
Additionally, the FAA reviews and evaluates training and operational
suitability during an FSB in which AWPC will deliver its proposed type
rating course to FAA FSB members for approval.
ICAO Document 10103 addresses the fact that tilt-rotor aircraft are
a class of powered-lift. This document also makes a note that the
manual does not address other aircraft within the powered-lift category
such as vectored-thrust or ducted fan. The FAA is aware and fully
understands the nature of this document in that the recommendation is
to replace the terminology in regard to other regulations specific to
helicopters with that of tilt-rotor. Although ICAO at the time
anticipated the document would be used as a basis for other civil-
powered aircraft as they approach design maturity, the FAA's position
is that the tilt-rotor is a class of powered-lift, and a one-for-one
swap of this terminology would not align in general terms with the
intent in issuing a powered-lift category rating.
Notwithstanding, the FAA has evaluated each specific operating rule
and the safety intent provided. Specifically, in response to comments
received, the FAA determined that an equivalent level of safety may be
maintained in some instances by applying performance-based criteria
with certain parameters under parts 91 and 135. These new requirements
allow the use of some helicopter rules as long as the operator complies
with the appropriate risk mitigations that are detailed in the final
rule. Therefore, there is no longer a distinct dividing line between
airplane or helicopter rules being applicable to powered-lift. This
approach more fully aligns with the ICAO Document 10103. While the FAA
notes that the Document 10103 is guidance material--rather than
international standards--the FAA believes the final rule addresses
these comments and may consider these comments again in the future as
empirical evidence and data are obtained through initial operations.
Specific performance-based operating rules are outlined in the SFAR
tables to Sec. Sec. 194.302 and 194.306.
C. Airworthiness of Aircraft
ICAO 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 currently exist. Since
publication of the NPRM, no revision of ICAO Annex 8 design standards
for powered-lift has been initiated by ICAO. While ICAO Document 10103
provides basic guidance related to large turbine-powered tilt-rotors,
the guidance does not address electric-powered tilt-rotors or other
types of powered-lift at this time.
Powered-lift are special class aircraft for FAA type certification.
The FAA will apply airworthiness criteria that meet an equivalent level
of safety to the existing airworthiness standards in Sec. 21.17(b),
which would be eligible for a standard airworthiness certificate under
Sec. 21.183. The FAA continues to hold that leveraging its existing
standards through the process in Sec. 21.17(b) meets the intent of
ICAO Annex 8 since design standards for these aircraft currently do not
exist. The FAA received no comments on the airworthiness standards for
powered-lift as it relates to ICAO and international standards.
IX. Advanced Air Mobility
The FAA noted in the NPRM that powered-lift will support future
deployment of advanced air mobility (AAM) operations and this
rulemaking is a key step in integrating AAM into the national airspace.
The AAM Coordination and Leadership Act defines ``advanced air
mobility'' as ``a transportation system that transports people and
property by air between two points in the United States using aircraft
with advanced technologies, including electric aircraft or electric
vertical take-off and landing aircraft, in both controlled and
uncontrolled
[[Page 92456]]
airspace.'' \443\ The FAA Reauthorization Act of 2024 updated the
definition to mean ``a transportation system that is comprised of urban
air mobility and regional air mobility using manned or unmanned
aircraft.'' \444\ AAM includes transporting passengers in concentrated
urban environments with electric Vertical Takeoff and Landing (eVTOL)
aircraft.
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\443\ AAM Coordination and Leadership Act, Public Law 117-203
(Oct. 17, 2022).
\444\ FAA Reauthorization Act of 2024, Public Law 118-63 (May
16, 2024).
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Many commenters suggested there are potential benefits of AAM,
including increased transportation efficiency and environmental
benefits, among others. A4A expressed its enthusiasm for the potential
advancements in air transportation that AAM will bring and noted safety
should be the highest priority for AAM oversight and integration in the
aviation environment. A4A urged the FAA to adopt A4A's recommendations
\445\ made in response to the DOT's request for information on AAM
strategy \446\ and expressed its support for the proposed SFAR for
powered-lift pilots, noting that it expects ``for hire'' operations
will be regulated and certificated as air carriers conducting
operations under part 135.
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\445\ Airlines for America's response to DOT-OST-2023-0079.
\446\ Request for Information on Advanced Air Mobility, 88 FR
31593 (May 17, 2023). The DOT's RFI was published to inform the
national strategy required by the AAM Coordination and Leadership
Act.
---------------------------------------------------------------------------
The FAA's research strategy is evolving to incorporate research
needed to inform AAM integration, in alignment with the agency's
increasing focus on AAM. This AAM research strategy follows a crawl,
walk, run approach. The crawl phase focuses on research to enable
initial operations. The walk phase is characterized by research to
support increased AAM operations and increased levels of automation.
The run phase includes highly automated traffic management, remotely
piloted and autonomous aircraft, and increased operational frequency.
The FAA envisions a safe and efficient aviation transportation
system that will use highly automated aircraft to transport passengers
and/or cargo within urban areas. As it relates to powered-lift, the
FAA's research priorities regarding AAM and Urban Air Mobility focus on
Air Carrier Operations--investigating and identifying the key
differences between current air carrier operations and future AAM
transport operations.
As part of the powered-lift rulemaking effort, the FAA is modifying
its regulatory approach for certifying operation of powered-lift as
well as certification requirements for the pilots operating these types
of vehicles. The change is part of the agency's efforts to integrate
new types of aircraft safely and efficiently into the NAS, while
providing a simpler pathway for applicants to obtain the necessary FAA
approvals. The agency is type certificating powered-lift under its
special class aircraft process in Sec. 21.17(b), using performance-
based airworthiness standards contained in part 23 for normal category
airplanes. The special class process is designed to address the many
novel features of unique aircraft such as these emerging powered-lift
designs. The FAA's first powered-lift rulemaking effort for a specific
manufacturer was published on November 8, 2022, and made available for
public comment in the Federal Register,\447\ with a final document
published on March 8, 2024.
---------------------------------------------------------------------------
\447\ Airworthiness Criteria: Special Class Airworthiness
Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-Lift, 89 89 FR
17230 (Mar. 8, 2024).
---------------------------------------------------------------------------
Using performance-based criteria enables the FAA to more
effectively manage new concepts in new technology and innovation,
including powered-lift. In addition, in this final rule, the FAA will
implement certain performance-based regulations in parts 91 and 135
that will allow more operational flexibility for powered-lift.
Supernal expressed concern about AAM access to the National
Airspace System (NAS). According to the commenter, the NPRM's principle
that AAM operations cannot disrupt existing operations would
significantly limit AAM access to the NAS, thereby creating a barrier
to AAM operations. Supernal urged the agency not to wait to initiate
ATC support for AAM in the NAS given the lead times associated with
developing and implementing NAS-wide ATC capabilities. Currently, the
FAA's Air Traffic Organization and Aviation Safety Organization are
working together to modify JO 7110.65, which details air traffic
separation standards. While the FAA may determine that future changes
to JO 7110.65 are needed to efficiently and safely integrate AAM into
the NAS, ATC will continue to use its existing standards for
integration of new aircraft into air traffic operations.
An individual said that because eVTOLs are unprecedented in their
level of connectivity within the aircraft in terms of linkages to
controls and an electric powerplant, as well as the external
environment, eVTOL pilots should be certified for proficiency in
cybersecurity. The commenter said areas for training should include
preventing and detecting potential cyber incidents and cyber incident
response management for all phases of flight. Another commenter stated
that the FAA should consider cybersecurity issues, wireless
communications issues, and regulatory challenges such as certification
for autonomous systems and remote safety pilots.
The FAA agrees that new technology utilized by eVTOLs presents
unique and novel challenges regarding linkages to controls and electric
powerplants. However, the FAA disagrees with the commenter's assertion
that pilot training should include the prevention, detection, and
response management principles because cybersecurity is addressed in
the aircraft design during type certification. The FAA further notes
that cybersecurity prevention, detection, and mitigation is not
typically a flight crew responsibility and is not an element of pilot
training. Rather, cybersecurity is accomplished when the aircraft is
designed and certificated, ensuring aircraft system(s) security,
integrity, and availability of the data networks are not compromised.
Several commenters suggested that alignment with ICAO standards and
collaboration with the international community would enhance the FAA's
global leadership role in powered-lift and AAM more broadly. The FAA is
actively engaged with international certification authorities to define
and align the certification requirements for AAM. FAA bilateral
agreements cover innovative projects such as eVTOL aircraft, and the
FAA is working with other foreign regulators to validate their eVTOL
aircraft under development and to develop a path for U.S. eVTOL
aircraft to be validated by them. The level of new and innovative
technology in an eVTOL aircraft is high, so early partnerships and
cross-authority communication to harmonize the FAA's approach for these
technology areas are critical to the FAA's success.
International engagement, collaboration, and harmonization are
integral parts of the FAA's mission given the global nature of this
industry when it comes to aviation safety. The FAA remains committed to
improving the sharing of knowledge and information to advance global
aviation safety and to advance technological advancements.
Additionally, the FAA co-leads the Asia-Pacific Bilateral Partners
(APAC) AAM Working Group (WG). The APAC AAM WG endeavors to improve
understanding and collaboration on the certification of
[[Page 92457]]
AAM. This includes promoting the use of a risk-based approach to ensure
that the level of certification rigor reflects the level of safety risk
presented by the design and operation of the product.
X. SFAR Framework and Duration
In the NPRM, the FAA proposed to enable powered-lift operations on
a temporary basis \448\ through the adoption of an SFAR to supplement
existing rules, create temporary alternatives for airman certification,
remove operational barriers, and mitigate safety risks for powered-
lift. The FAA proposed a duration of 10 years to facilitate industry's
entrance into operations and provide the FAA an opportunity to assess
operations and gather data to inform a future permanent comprehensive
regulatory scheme.
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\448\ To enable a more comprehensive SFAR, the NPRM also
proposed several limited permanent changes.
---------------------------------------------------------------------------
Commenters generally supported the temporary adaptability of the
SFAR. CAE and NBAA recommended the FAA either apply a shorter duration
to the SFAR effective period or commit to revisiting on a more frequent
basis of 2 or 3 years.
Supernal similarly stated that, while the industry lacks sufficient
safety data today, data will become available in the next few years.
Supernal requested that the FAA revise the proposed regulation by
creating a mechanism to allow for periodic reviews every 2 years,
allowing industry to provide new safety data to support alternative
means of compliance. Supernal argued that waiting 10 years before
proposing updated rules for powered-lift would limit the ability of the
AAM industry to mature and would compromise the FAA's ability to
maintain global leadership in this critical new sector of aviation.
GAMA also suggested that the FAA revisit the proposed SFAR and take
inventory of operational data at regular intervals, such as 2 years, in
order to make the necessary refinements based on lessons learned during
initial operations.
Lilium and BETA recommended applying a performance-based approach
in the SFAR. Lilium contended that a ``one-size-fits-all'' approach to
powered-lift inadvertently stimies innovation. It recommended allowing
discretion to approve alternate requirements by adding language like
``unless authorized by the Administrator.'' BETA said the SFAR should
include provisions supporting performance-based requirements and
provide a path for manufacturers and operators to share aircraft or
training device performance data with the FAA.
One commenter requested additional information pertaining to
training and testing under requirements for powered-lift pilots, flight
instructors, and examiners. Specifically, the commenter asked how the
SFAR training and testing requirements would be different from existing
airplane and helicopter pilots, flight instructors, and examiners. For
example, the commenter seeks clarification on whether courses, modules,
or hours of ground and flight training would be required, or whether
certain written, oral, or practical tests would be required. The
commenter suggested the FAA outline the specific content and format of
training.
One pilot expressed concern about whether the proposed SFAR was
premature, in terms of its ability to adequately anticipate future
powered-lift designs, which the pilot said could risk developing overly
restrictive rules.
As explained in the NPRM, the FAA considered several different
factors when selecting 10 years as the appropriate duration for the
SFAR. The FAA considered the time it will take to initiate operations
after the adoption of a final rule, the number of powered-lift that
will be type certificated and commercially viable when the final rule
is effective, and the appropriate length of time to collect operational
data and documentation to support permanent amendments to the FAA's
regulations. To balance the time necessary to inform a permanent
rulemaking, facilitate powered-lift operations, and ensure the SFAR
maintains its temporary nature, the FAA is adopting the 10-year
effectivity duration, as proposed. In response to the commenters who
recommended a shorter duration for the SFAR, the FAA notes that the 10-
year duration does not prevent the FAA from making interim changes to
the SFAR in the interest of safety. Similarly, the 10-year duration
does not preclude the FAA from amending the SFAR during the 10-year
period by removing a regulatory burden on the powered-lift industry,
provided the operational data collected demonstrates that safety is
unaffected.\449\ As stated in Sec. 194.107, the FAA may amend or
rescind provisions of the SFAR as necessary.
---------------------------------------------------------------------------
\449\ Similarly, the FAA may find it necessary to revise the
SFAR to include additional requirements to mitigate an unanticipated
safety risk.
---------------------------------------------------------------------------
In response to the commenters who recommended the FAA revisit the
SFAR every 2 to 3 years, the FAA recognizes the benefits of routinely
evaluating the temporary regulatory framework in light of the
operational data the FAA will receive from industry. The FAA agrees
that periodic reviews will be beneficial and necessary to ensure the
regulatory framework adapts as powered-lift operations progress.
However, the FAA does not require rule language to enable its periodic
review of the SFAR. Maintaining flexibility in its ability to review
the SFAR is beneficial and necessary for the following reasons.
First, with such a nascent industry, it is unpredictable when
formal reviews and subsequent revisions to the SFAR will be necessary,
and codifying a review timeline diminishes the flexibility the FAA
needs to ensure the regulations are appropriately adapting to changes
in the powered-lift industry. The FAA may evaluate its regulations at
any time it deems necessary or if an individual petitions for
rulemaking or an exemption under 14 CFR part 11. FAA regulations at 14
CFR part 11.61 provide a mechanism for an individual or entity to
petition for rulemaking or an exemption, thereby requiring the FAA to
conduct a review of that request. Not codifying a review timeline
allows the FAA to initiate its own internal review when it deems
appropriate, and part 11 allows the public to request a rulemaking or
exemption, requiring the FAA to further assess whether it should amend
its regulations.
Second, FAA believes that the approach required by section 955 of
the FAA Reauthorization Act of 2024, will enable FAA to obtain
necessary real world operational data to inform future rulemaking, on a
reasonable timeline. Section 955 mandates that the FAA establish an
aviation rulemaking committee (ARC) no later than three years after the
FAA issues the first powered-lift commercial operating certificate to
provide the Administrator with specific findings and recommendations
for, at a minimum, the creation of a standard pathway for the
performance-based certification of powered-lift; the certification of
airmen capable of serving as pilot-in-command of a powered-lift; and
operation of powered-lift in commercial service and air transportation.
In addition, section 955(d) requires the FAA to initiate a rulemaking
no later than 270 days after the ARC submits its report to implement
the findings and recommendations of the ARC, as determined appropriate
by the Administrator.\450\ Not only does this language impose a
timeline for establishing the ARC and subsequent rulemaking, it
acknowledges that an ARC will first need real-world operational data
from commercial powered-lift operations before it can
[[Page 92458]]
provide informed recommendations for a permanent rulemaking. The FAA
finds it impractical to impose rigid, codified timelines mandating
periodic regulatory review when it is unclear when operational data and
information will be available.
---------------------------------------------------------------------------
\450\ See Public Law 118-63, Sec. 955(c) and (d).
---------------------------------------------------------------------------
Consequently, it is unnecessary to revise the proposed rule
language, as Supernal requested, to create a mechanism to require the
FAA to conduct periodic reviews every 2 years. As discussed above, the
FAA intends to routinely revisit the SFAR as it gathers data from the
powered-lift industry--and if it receives part 11 petitions--to
evaluate whether adjustments to the SFAR are necessary. It is also
committed to establishing an ARC in accordance with section 955(c) to
determine what the permanent comprehensive regulatory framework should
look like for powered-lift and to initiating a rulemaking in accordance
with section 955(d).
In response to Supernal's assertion that waiting 10 years before
proposing updated regulations for powered-lift would stifle the AAM
industry and compromise the FAA's ability to maintain global leadership
in this new sector of aviation, the FAA clarifies that the 10-year
duration for the effectivity of the SFAR does not mean that the FAA
will not propose any updated regulations in the interim. As previously
stated, the FAA may amend or rescind provisions of the SFAR as
necessary. Thus, the FAA is not precluded from proposing updating
regulations prior to the expiration of the SFAR. Additionally, the FAA
intends to have permanent regulations in effect by the end of the 10-
year SFAR duration, not simply begin the rulemaking process in 10 years
(i.e., publication of an NPRM).
However, the FAA maintains its position that it needs time to
gather data from powered-lift in civilian operations to better inform
permanent regulations for powered-lift. The FAA anticipates gathering
data and information through (1) information collections; (2)
regulatory requirements; (3) regular, formal, and informal interactions
with the public, including conferences, data-sharing systems, and
outreach initiatives; (4) the ARC to be established in accordance with
section 955(c) of the FAA Reauthorization Act; and (5) informal
anecdotal information and observations. The delay in proposing
permanent regulations for powered-lift will not stifle AAM innovation
or compromise the FAA's ability to maintain global leadership in this
sector of aviation. Rather, the FAA is taking a regulatory approach
that will enable the safe integration of powered-lift in the NAS and
allow industry to evolve and innovate under a temporary regulatory
framework. The temporary nature of the SFAR will provide FAA an
opportunity to gain experience with powered-lift and learn what the
permanent regulatory framework should look like for these operations
through assessment of powered-lift operations, training, and
certification to determine the most appropriate permanent regulations
for this new category of aircraft.\451\
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\451\ The FAA further notes that other pathways remain available
to industry to explore innovation. Powered-lift manufacturers and
operators may petition for exemption if they develop new and novel
approaches to address powered-lift issues. Any member of the public
may also petition for rulemaking to request the FAA consider
specific revisions or new regulations, as necessary.
---------------------------------------------------------------------------
With regard to the potential prematurity of the SFAR, the FAA notes
that the leading powered-lift manufacturers expect to receive initial
type certification for their powered-lift in 2025. Thus, rulemaking is
necessary to ensure the essential regulations are in place for the
operation of these powered-lift. Further, when the FAA lacks sufficient
experience regarding new operations, the use of an SFAR has been an
effective way to gain such experience while enabling a degree of
limited operations.\452\ If the FAA determines during the term of the
SFAR that the SFAR imposes overly restrictive or conservative
requirements on powered-lift, the FAA may amend requirements in the
SFAR as necessary.
---------------------------------------------------------------------------
\452\ For example, SFAR No. 29 allowed the FAA to obtain
rotorcraft IFR operational data before issuing permanent rotorcraft
IFR regulations. See FAA Study of Limited IFR Operations in
Rotorcraft, 40 FR 2420 (Jan. 13, 1975) (SFAR No. 29); see also
Limited IFR Operations of Rotorcraft, 41 FR 1060 (Jan. 6, 1976)
(SFAR No. 29-1).
---------------------------------------------------------------------------
A performance-based regulation is an ``outcome-based'' regulation
that specifies the desired, measurable outcome to be achieved without
prescribing the specific requirements to achieve that outcome. Thus,
adding a provision that permits the FAA to authorize another means of
complying with a prescriptive requirement does not make the underlying
requirement ``performance-based.'' Because the FAA needs time to gain
experience with powered-lift designs and operations, the FAA finds that
it would be premature to develop a comprehensive performance-based
regulatory scheme in the SFAR at this time. However, the FAA recognizes
the importance of adopting requirements in the SFAR that allow for
innovation and that enable the safe integration of powered-lift into
the NAS. To that end, the FAA has evaluated its proposed requirements
based on the comments received to determine where it can add
flexibility, performance-based elements, and alternate pathways, and it
has added some performance-based criteria where appropriate. In
response to the comments about providing a path for manufacturers and
operators to share data with the FAA, the FAA finds that rule language
is not necessary to enable this communication with industry. The FAA
welcomes data from powered-lift manufacturers and operators during the
course of the SFAR. For example, as OEMs continue to work through the
type certification process in partnership with the FAA and interact
with their certificate management teams, the FAA will naturally obtain
data and information from the regulated community. To the extent
commenters suggested applying performance-based regulations to specific
sections of the SFAR (e.g., airman certification), these comments are
adjudicated in their respective section.
In response to the comment regarding outlining the content and
format of training during the SFAR, the FAA notes that part 194, as
adopted by this final rule, provides the training and testing
requirements in tandem with the standing requirements in parts 61, 135,
141, and 142, as applicable. Specifically, an applicant for a
certificate with powered-lift ratings will be required to comply with
the basic training and testing requirements expected of, for instance,
an applicant for a certificate with airplane ratings, with the
exception of certain alternate requirements set forth by part 194.
Course and module requirements were not specifically outlined in the
SFAR, aside from the alternate experience requirements, because a
training program would be required to comply with the part under which
the training program is conducted (i.e., part 135, 141, or 142).
Similarly, part 61 and part 194 will set forth the expected number of
ground and flight training hours. Section V. of this preamble
comprehensively describes the training and testing expectations for
powered-lift airman certification.\453\
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\453\ The FAA further notes that other pathways remain available
to industry to explore innovation. Powered-lift manufacturers and
operators may petition for exemption if they develop new and novel
approaches to address powered-lift issues. Any member of the public
may also petition for rulemaking to request the FAA consider
specific revisions or new regulations, as necessary.
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XI. Autonomous Powered-Lift
As noted in the proposed rule, the FAA anticipates a variety of
civilian powered-lift will come to the market with ``varying degrees of
[[Page 92459]]
automation.'' \454\ Although the NPRM proposed requirements for pilot
certification and operation of powered-lift, some commenters addressed
autonomous powered-lift in response to the proposed SFAR.
---------------------------------------------------------------------------
\454\ Integration of Powered-Lift: Pilot Certification and
Operations; Miscellaneous Amendments Related to Rotorcraft and
Airplanes NPRM, 88 FR 38947 (June 14, 2023).
---------------------------------------------------------------------------
Sabrewing Aircraft Company (SACO) approved the NPRM's general
approach to powered-lift certification as applicable to manned
operations but proposed that remote pilots who operate powered-lift
that use auto-flight control systems and no manual flight controls
should be exempt from the proposed requirements of a powered-lift pilot
certificate. The commenter argued that, because these aircraft have no
manual flight controls, demonstrated manual pilot proficiency should
not be required. SACO also stated these vehicles would be operated in
auto-pilot mode for all phases of flight with remote pilots using
``push buttons'' to change flight modes (takeoff, cruise, descent,
etc.). The commenter proposed that these remote pilots should instead
be required to, first, be familiar with IFR rules and procedures for
rotorcraft operations during arrivals and departures and, second,
possess at least a commercial certificate with any category rating and
the corresponding instrument rating.
One commenter suggested that waivers should be granted for
autonomous cargo-only powered-lift flights conducted in remote offshore
locations such as mining sites and offshore platforms. The commenter
stated that operational risks are lower in these remote locations
because there are few, if any, people or critical public infrastructure
located in these areas, and the only conflicting air traffic is
offshore helicopters at low altitudes. The commenter argued that
relaxing regulatory requirements would--in addition to enhancing the
efficiency of material transportation to remote locations--provide the
FAA with early data to aid its decision-making processes and increase
readiness for passenger flights on both crewed and uncrewed powered-
lift. Lastly, the commenter noted issues requiring consideration before
deploying autonomous powered-lift flights to these remote locations,
including the need for some form of certification of safety pilots who
would need to monitor and potentially take control of the aircraft.
While industry may manufacture an unmanned powered-lift, this
rulemaking is not addressing aircraft certification, airman
certification, or operational requirements of such an aircraft and,
thus, addressing pilot certification in this context is outside the
scope of this rulemaking. Any UAS falling outside the requirements of
part 107 would require exemptions and/or other FAA authorization to
operate.
A pilot stated that the NPRM either misunderstands or ignores the
latest automated technologies, from sensor-fusion to auto-flight, auto-
landing, and auto-recovery systems that will render some of the SFAR
requirements obsolete. The commenter recommended more thoroughly
considering these automated technologies. Similarly, AUVSI expressed
concern that an overly conservative application of legacy requirements
to regulate fully electric highly autonomous aircraft will not promote
safety or serve the AAM industry. Further, an individual stated that
greater levels of autonomous controls and detection sensors will be
necessary at some point to address saturation. The commenter emphasized
that onboard and decentralized ground sources will initially be needed
to augment controls, but that fixed routes and pilot or centralized
ground control will not be necessary long term. The individual also
raised the issue of cyber resiliency. The FAA did not propose any new
or prescriptive aircraft certification procedures in relation to new
technology because certificating powered-lift through 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.
Other commenters expressed concern that the proposed rule did not
adequately consider automation and emerging technologies. AUVSI noted
this concern and encouraged the FAA to acknowledge the safety benefits
that automated systems can provide for powered-lift operations and
training. Similarly, L3Harris stated that Simplified Vehicle Operations
concepts will facilitate the safe certification, training, and entry
into service of these aircraft. SAE International contended the level
of automation across the various VTOL-capable aircraft in process
requires a more flexible, performance-based approach to certification.
FlightSafety International, Inc. requested the FAA clarify certain
statements in the NPRM regarding SVO, to recognize that many powered-
lift in design have SVO and to more accurately characterize new VTOL
AAM aircraft coming to the civilian market.
The FAA recognizes that autonomous powered-lift may be developed
for the market in the future and that a subsequent rulemaking
addressing autonomous aircraft and their operations could be necessary.
Notwithstanding, the FAA's scope in this powered-lift SFAR only
addresses piloted powered-lift. Because the comments are outside the
scope of this rulemaking, the FAA did not amend the proposed regulatory
text. Additionally, concerns regarding SVO requiring a more flexible,
performance-based approach to pilot certification are adjudicated by
virtue of the approach taken to ensure waiver of a certain task is
possible in circumstances where a powered-lift is not capable of
performing a certain task during the aircraft certification process as
outlined in section V.H.1. of this preamble.
Therefore, the FAA did not revise the proposed SFAR in response to
these comments.
XII. Comments to Regulatory Impact Analysis
The FAA invited interested persons to participate in this
rulemaking by submitting written comments, data, or views on the
regulatory impact analysis for the proposal. Specifically, the FAA
requested information and data that could be used to quantify the
incremental benefits and costs of the finalized rule. The FAA also
requested information on the assumptions and uncertainties discussed in
the regulatory impact analysis. Presented below is a summary of those
comments.
Many commenters stated that the costs of the proposal could be as
much as four times greater than what was presented in the regulatory
impact analysis. The FAA thanks the commenters for their input and
acknowledges not all costs of the proposed SFAR were monetized due to a
lack of information to develop informed estimates. The FAA stated in
the proposal that individuals and entities choosing to operate powered-
lift would incur incremental costs to do so, but on a scale no greater
than the costs imposed on individuals and entities choosing to operate
airplanes and rotorcraft under existing regulations. The FAA concedes
that the analysis of the proposal could have better emphasized that not
all costs were monetized. For the analysis of the final rule, the FAA
has incorporated information received during the notice and comment
period and as a result has revised the monetization of the rule's
costs.
A commenter stated it engaged NERA Economic Consulting to assist
with
[[Page 92460]]
estimating the total cost of the NPRM. The analysis concluded that the
proposed rules would impose social costs of approximately $961.9
million over the 10-year regulation period. The estimate included
$695.8 million attributable to the cost of full flight simulators (FFS)
and associated infrastructure based on industry data indicating that
each manufacturer would require six FFSs. The same analysis also
concluded that the proposed 45-minute fuel reserve requirement would
cost approximately $127.8 million due to disruptions in optimized
charging cycles, leading to reduced battery life and more frequent
battery replacement. The same commenter also provided information
estimating the cost for manufacturers to provide dual-control aircraft
for the purpose of training ($93.75 million over 10 years) and
information for the number of individuals that would be required to
operate the fleet of aircraft anticipated to enter the fleet over the
10-year period of the SFAR.
The FAA values the many comments submitted on the costs of the
regulatory impact analysis for the proposed rule, and especially those
comments containing information or data that can be used to monetize
costs. Based on information received from one of the commenters the FAA
has revised the regulatory impact analysis for the finalized rule to
reflect the monetization of costs associated with the minimum fuel
reserve requirement and the provision of dual-control aircraft for
training. In addition, the forecast for pilots required to operate the
powered-lift anticipated to enter the fleet has been revised
upward.\455\ The same commenter also provided an estimate of costs for
full flight simulators and the associated infrastructure to house them.
The FAA notes the final rule provides three pathways for relief from
costs for the provision of dual-control aircraft for the purpose of
training. The costs for the alternative pathways are not included as
this would create double-counting of costs for the SFAR and are not
included in the costs of the final rule.
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\455\ The pilot forecast provided in the NPRM failed to account
for operational redundancy due to leave (i.e., vacations, sick
leave, training) and job turnover (i.e., retirements and pilots
changing jobs). Accordingly, the FAA adjusted the forecast for the
number of pilots that would be required to operate the powered-lift
upward.
---------------------------------------------------------------------------
The first pathway provides relief by allowing for flight training
in an aircraft with a single-control accessible to two pilot stations.
Without this relief, the dual controls requirement of Sec. 91.109 is
aircraft generic and would require dual controls in powered-lift when
used for flight instruction. Furthermore, a manufacturer needs to
determine what markets or operations they want their aircraft to be
used for (i.e., flight training for part 135 passenger carrying
operations) and design their aircraft to meet the operational rule
requirements for that operation or market. A single control accessible
to two pilot stations would likely be less costly to design and build
than a dual control configuration and therefore be a cost savings to an
OEM. Furthermore, this provision relieves the manufacturer from the
cost of developing and building an FFS to conduct flight training.
The second pathway for relief is the allowance for 100 percent use
of FFSs for the provision of training. The use of FFS for training can
be advantageous compared to flight training in aircraft. For example,
FFSs can be used for executing flight scenarios that typically do not
occur in aircraft or for practicing emergency procedures that are
likely too dangerous to accomplish in an aircraft.\456\ As well, access
to FFSs can be available for as many as 24-hours per day.
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\456\ Several eVTOL manufacturers have contracted with part 142
certificate holders for the provision of pilot training. CAE reports
it is working with Joby, Vertical Aerospace and BETA Technologies,
while Flight Safety International is working with Lilium. Sources:
www.ainonline.com/aviation-news/business-aviation/2023-03-01/training-providers-gear-aam-market; lilium.com/newsroom-detail/lilium-flight-safety-international-partnership.
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The third pathway for relief from the requirement that training be
conducted in a dual-control aircraft is deviation authority. This
pathway permits, based on future advancements in technology, the FAA to
issue deviation authority to facilitate flight training in powered-lift
with a single functioning flight control.
One commenter stated that applying a discount factor to future year
training costs was unnecessary because the costs are already based on
present-day costs.
The FAA notes that Federal agencies, including the FAA, follow
guidance on the development of regulatory analysis provided by the
Office of Management and Budget in Circular A-4.\457\ Circular A-4
requires estimated costs and benefits of rules to be presented in
constant, undiscounted dollars, and using a present value discount
rate.\458\ Discounting provides an accurate assessment of benefits and
costs that occur at different points in time or over different time
horizons.
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\457\ OMB Circular A-4 (whitehouse.gov). The link provided is to
the current version of Circular A-4. The current version was
released after the proposed SFAR was published. The analysis for the
finalized powered-lift SFAR uses applies the present value discount
rates used in the proposed SFAR in order more easily assess the
change in costs between the proposed and finalized SFAR.
\458\ Circular A-4 has been revised since publication of the
proposed SFAR.
---------------------------------------------------------------------------
Some commenters stated the FAA did not accurately reflect the cost
of flight time. One commenter stated the cost of the powered-lift
category add-on for each pilot involved in the FSB should be included
because this cost would be to meet a requirement in excess of the ICAO
SARPs for pilot certification.
In response, the FAA notes that while an FSB is typically
established for large jet and propeller aircraft, the requirement for
an FSB is not exclusive to these kinds of aircraft. Accordingly, the
costs for the FAA to establish an FSB are not included in the
regulatory impact analysis for this final rule because the requirement
existed prior to this rule. Additionally, the FAA has taken into
consideration the guidance outlined in ICAO Document 10103,
specifically Annex 1, Chapter 2, Section 2.1--Personnel Licensing. The
FAA will ensure a sufficient level of safety while considering these
recommendations; however, the FAA will not implement these measures at
this time. The FAA will undertake measures to align with ICAO
standards, as practicable, at such time when ICAO's recommendations
become standards.
One commenter stated that accounting for 10 days of training to
obtain a category add-on and type rating was not sufficient and that it
would take several months.
The FAA appreciates the comment and understands why there may be
confusion between what is already required by regulations versus new
requirements because of this final rule. Prior to the final rule,
regulations existed that prescribed the requirements for an individual
to achieve a commercial pilot certificate with a powered-lift category
rating. Since only the incremental costs of proposed rules are
evaluated, only the cost of achieving the type rating is evaluated.
Furthermore, the FAA further asserts that the SFAR provides relief to
individuals seeking a powered-lift type rating by providing alternative
pathways to certification. These alternative pathways allow for an
airman that holds a commercial pilot certificate with either an
airplane or rotorcraft rating to be eligible for a powered-lift type
rating.
Commenters stated that the regulatory impact analysis did not
properly account for the resources and timeline implications associated
with its implementation, as well as the impact of potential entry into
service delays due to an unprecedented use of aircraft for pilot
certification. One commenter contended that if the FAA proceeds with
the notice and comment
[[Page 92461]]
rulemaking for each device's Qualification Performance Standards, the
RIA should be updated to reflect associated costs including opportunity
costs of delayed entry-into-service.
The FAA notes that, as discussed in section IV.C. of this preamble,
this final rule will establish a streamlined process in accordance with
new Sec. 194.105(b) allowing an applicant of a powered-lift FSTD to
forego the notice and comment period required for the proposed QPS if
the FAA finds it is not in the public interest, or a prior opportunity
to comment on a substantially identical proposed QPS has been provided.
The FAA finds these regulatory exceptions will address commenters'
concerns about resources and timeliness in proposed QPS publication.
Additionally, the FAA anticipates working collaboratively with the FSTD
sponsor and/or manufacturer to develop the proposed QPS to preemptively
address any comments or concerns the public may raise during the open
comment period. Should a notice and comment process be required, the
FAA intends to mirror the period of time necessary for notice, comment,
and comment adjudication with that timing typically provided for in the
certification of special classes of aircraft process.
XIII. FAA Readiness
Several commenters emphasized the importance of the FAA's
preparation in the implementation of this final rule. NATA stated that
the FAA should ensure proper allocation of financial and human
resources while maintaining adaptability without unnecessary delays.
NATA recommended using a rulemaking committee that includes industry
representatives, which it said could convene quickly and ensure
powered-lift regulations achieve their objectives. Eve and GAMA
expressed concerns about the FAA's resource limitations and the
agency's ability to support the SFAR's framework in a timely manner,
specifically concerning pilot certification and training. Eve
recommended the FAA assess how proper resources and personnel will be
assigned to successfully implement the SFAR framework.
Similarly, Supernal stated that the FAA must demonstrate that it
has sufficient resources to oversee the airman qualifications and
operations requirements. Supernal further stated that the effectiveness
of the powered-lift rules would be greatly diminished if the FAA does
not have the resources to support the airman qualifications and
operations requirements for powered-lift operations. Supernal expressed
particular concern over the available pool of FAA pilots to support the
number of AAM entities that will be completing the FSB approval process
in the coming years.
A rulemaking committee is typically formulated prior to the
commencement of rulemaking to ensure industry representatives can
provide recommendations to the agency. Upon initial publication of an
SFAR, the FAA does not view standing up a rulemaking committee as a
beneficial use of resources because the main task of a rulemaking
committee--recommendations for a rule--will be complete. Instead, as
commenters asserted, the FAA must prioritize providing proper, timely
training and qualifications of its workforce, which inherently includes
dialogue and information sharing between industry and the FAA necessary
to standup a qualified workforce. However, as the SFAR matures, the FAA
does not foreclose the possibility of the formation of a rulemaking
committee to gather information and properly inform the follow-on
permanent rulemaking. Specific to powered-lift, this process will
ensure the FAA can utilize the real-world experiences from operators of
powered-lift. The information gathered via operator experience and
industry input will further inform the FAA's subsequent rulemaking to
codify powered-lift permanently in the rules.
The FAA agrees that the proper allocation of resources to this
issue is critical to the success of this SFAR and the powered-lift
industry and that rule effectivity is largely dependent on the Agency's
ability to support implementation. AAM and powered-lift operations are
part of the Administrator's foremost priorities; accordingly, the FAA
is allocating resources to ensure that industry has the tools and
regulatory structure necessary to successfully initiate powered-lift
certification and operations. Additionally, as it pertains to FAA
pilots, this final rule adds FAA test pilots and ASIs into the
population of pilots that may utilize the alternate experience
requirements as set forth by part 194 to further develop a pool of
fully certificated and rated powered-lift pilots.
XIV. Definitions
In Sec. 1.1, the FAA defines powered-lift 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.\459\
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\459\ www.ecfr.gov/current/title-14/part-1/section-1.1#p-1.1(Powered-lift).
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A. Definition of Powered-Lift
One commenter stated the existing powered-lift definition does not
specify whether the engine-driven lift devices or engine thrust must be
variable or fixed. The commenter said this distinction could impact
classification of some types of aircraft, citing the example of a
tiltrotor aircraft that can vary its engine thrust between vertical and
horizontal flight modes. The individual suggested that the FAA clarify
this point in its final rule and provide examples of types of aircraft
that qualify (or do not qualify) as powered-lift.
Tiltrotors, as defined in Sec. 36.1, are a subset of powered-lift.
Aircraft that utilize fixed vertical rotors that provide the lift
during hover and low speed flight combined with a wing and horizontally
mounted propellers for cruise flight would also meet the definition of
powered-lift. Additionally, aircraft with variable or vectored thrust,
similar to the military AV-8 Harrier, would meet the definition of
powered-lift. The FAA has no plans to change the part 1 powered-lift
definition. See discussion on Sec. 21.17(b) in this preamble.
One commenter stated that the phrase used to classify powered-lift
\460\ was not fully vetted, resulting in other aircraft like the AV-8,
F-35B, AW-609, and V-280 being ``roped into'' the powered-lift
category. The commenter also stated that the fourth axis controllers
were not sufficient to warrant a separate classification. The
individual suggested that a better definition would incorporate the
control strategy employed by a pilot to command a desired flight path
in the powered-lift definition.
---------------------------------------------------------------------------
\460\ See 14 CFR 1.1: ``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.''
---------------------------------------------------------------------------
First, it is unclear what the commenter means by
``classification;'' although, the FAA interprets these comments to mean
the FAA should reevaluate the powered-lift definition because of the
noted characteristics of specific military or currently uncertificated
aircraft. The commenter did not provide sufficient rationale for
revising the definition. Furthermore, the FAA disagrees that the
definition should include information pertaining to control strategies
because aircraft
[[Page 92462]]
definitions are based on how the aircraft creates lift and moves
through the air. Creating an aircraft definition that is based on how
the pilot interacts with the aircraft would create a disconnect with
the existing definitions and likely create overlap where aircraft could
fall under multiple definitions. The definitions in part 1 are used for
complying with regulations dealing with pilots' qualification,
operations, certification, and many others. Defining the aircraft types
based on the piloting control aspects may make more sense for the pilot
qualification requirements, but defining the aircraft in this way would
not make sense for other aspects of operations, air traffic, and
aircraft certification. Finally, the FAA believes the current
definition of powered-lift (as stated in Sec. 1.1) is specifically
tailored to encompass the various types of aircraft envisioned as
powered-lift, including some of the aircraft referenced by the above
commenter, such as the AV-8, F-35B, and AW-609, should those aircraft
enter the civilian market. In fact, the FAA references some of these
aircraft as specific examples of powered-lift.\461\
---------------------------------------------------------------------------
\461\ See sections V.A, V.B, and V.J.3.
---------------------------------------------------------------------------
HAI stated that the definition of powered-lift does not consider
current and future AAM aircraft like eVTOLs, which do not all depend
upon ``nonrotating airfoil(s) for lift during horizontal flight'' and
are therefore excluded. HAI said this is inconsistent with the NPRM's
intent to cover ``aircraft configuration changes such as tilt-wing,
tiltrotor, or tilt-propeller; thrust vectoring; direct-lift; or other
means,'' \462\ when thrust vectoring and direct lift do not depend upon
nonrotating airfoils for horizontal flight.
---------------------------------------------------------------------------
\462\ 88 FR 38952, June 14, 2023.
---------------------------------------------------------------------------
The powered-lift definition does not exclude future AAM technology
as it is agnostic to how propulsion is utilized to create lift, and the
device that is used to generate the lift during vertical and horizontal
flight is not prescribed. The definition does not exclude electric
propulsion, vectored thrust, or other ``non-conventional aircraft
engines,'' therefore allowing flexibility. The only types of VTOL
aircraft that it would exclude would be aircraft that never transition
onto a wing (or non-rotating airfoil as the definition says). These
aircraft types would qualify as rotorcraft and other novel VTOL
aircraft, according to the existing Sec. 1.1 rotorcraft definition,
which are not covered in the SFAR.
One commenter in the process of developing a hybrid-electric multi-
engine part 23 airplane supported categorizing electric vertical take-
off and landing (eVTOL) aircraft as ``powered-lift'' because it is
consistent with the definitions in Sec. 1.1 regarding powered-lift.
The FAA agrees with the commenter and the definition of ``powered-
lift'' under Sec. 1.1. In recent years, rapid technological
advancements in powered-lift have progressed across the industry,
particularly with eVTOL aircraft. And powered-lift will be used to
support the deployment of AAM operations, which the FAA anticipates
will include eVTOL aircraft.
B. Definition of Flight Modes
One commenter sought clarification regarding the criteria that will
be used to evaluate the speed at which a powered-lift can transition
between flight modes and the associated definitions. The commenter also
requested clarification on how powered-lift with faster transition time
between modes of flight would be accounted for in the rule.
The transitional speed between vertical-lift and wing-borne flight
modes has no bearing on which class, as defined in Sec. 1.1, will be
assigned to a specific aircraft design during its certification
process. The transition time between vertical-lift and wing-borne
flight modes does not change the performance requirements established
by the rules. An aircraft with greater performance capabilities is
still required to meet the requirements stipulated in each applicable
rule.
EASA requested clarification on the definition of ``horizontal
lift'' in the context of powered-lift operations. In the NPRM, the FAA
incorrectly referred to ``horizontal lift'' when it was discussing part
136 operations.\463\ Instead, the FAA intended to use the term
``horizontal flight'' because it was referring to ``wing-borne flight
mode,'' which the FAA defines as ``a mode of flight . . . [that]
depends exclusively or partially on nonrotating airfoil(s) for lift
during takeoff, landing, or horizontal flight'' (emphasis added).
---------------------------------------------------------------------------
\463\ See 88 FR 38949 (June 14, 2023) (``[T]he FAA applies
operational requirements specific to helicopter operations within
part 136 to powered-lift operations because the FAA expects powered-
lift will hover . . . similarly to helicopters when conducting air
tours, except when relying on horizontal lift.'').
---------------------------------------------------------------------------
In the NPRM, the FAA explained the differences between wing-borne
and vertical-lift flight modes.\464\ Specifically, the FAA explained
that ``wing-borne flight mode'' refers to powered-lift that are
operating like traditional airplanes and ``vertical-lift flight mode''
refers to powered-lift that are operating like traditional rotorcraft.
Although the FAA did not receive specific comments on how it defines
these two flight modes, it did receive comments seeking clarification
on how certain flight characteristics, such as transitions, would be
classified. In addition, as part of the final rule, the FAA is
providing more flexibility than originally proposed by promulgating
some performance-based regulations. Clearly defined flight modes will
help ensure these performance-based standards are implemented safely
and that operators have a clear understanding of when they are in
vertical-lift flight mode and when they are in wing-borne flight mode.
---------------------------------------------------------------------------
\464\ See Integration of Powered-Lift: Pilot Certification and
Operations; Miscellaneous Amendments Related to Rotorcraft and
Airplanes, NPRM, 88 FR 38946, 39026 (June 14, 2023).
---------------------------------------------------------------------------
Consequently, in order to provide additional clarity on these
flight modes, the FAA has determined that codifying the flight modes
language into definitions under Sec. 194.103 is necessary. ``Vertical-
lift flight mode'' is defined as ``a mode of flight where a powered-
lift: (1) is in a configuration that allows vertical takeoff, vertical
landing, and low-speed flight; and (2) depends principally on engine-
driven lift devices or engine thrust for lift.'' As explained in the
NPRM, this flight mode resembles the characteristics of rotorcraft
operations. In addition, ``wing-borne flight mode'' is defined as ``a
mode of flight where a powered-lift is not operating in the vertical-
lift flight mode as defined and depends exclusively or partially on
nonrotating airfoil(s) for lift during takeoff, landing, or horizontal
flight.'' As explained in the NPRM, this flight mode largely resembles
the characteristics of airplane operations.
C. Definition of Heliport
In the NPRM, the FAA proposed to update the definition of Heliport
by adding the term ``powered-lift'' to ensure that powered-lift could
utilize a heliport for takeoff and landing operations. In the NPRM, the
FAA requested comments on the viability of powered-lift using heliports
for takeoff and landing operations. The FAA did not receive any
comments on this proposed change to the definition or on the viability
of powered-lift using heliports. However, the FAA would like to clarify
that adding the term ``powered-lift'' to the definition of heliport
does not imply that all powered-lift would be capable of using
heliports. In order for a powered-lift to use a heliport, that powered-
lift must be capable of meeting or exceeding the performance
requirements for helicopters with respect to their controllability and
maneuverability. Additionally, the powered-lift cannot
[[Page 92463]]
exceed the size and weight limitations established for a particular
heliport.
Ferrovial Vertiports requested the powered-lift final rule align
its terminology and attributes for eVTOL landing facilities with the
FAA's Office of Airports. Ferrovial stated that while the FAA conducts
and gathers research to develop its performance-based Vertiport
Advisory Circular, the FAA can adjust the SFAR to reflect the agency's
guidance documents on this subject. This will provide consistency
across FAA documents and offer clarity to industry and government and
community leaders as they seek direction in integrating vertiports into
future projects.
A vertiport is defined in the current FAA Vertiport Engineering
Brief as an area of land, or a structure, used or intended to be used,
for electric, hydrogen, and hybrid VTOL aircraft landings and takeoffs
and includes associated buildings and facilities.\465\ In the future,
the FAA may include this definition, or a definition consistent with
it, in the SFAR or in the permanent powered-lift rule if it determines
it is prudent to do so. Currently, there are varying powered-lift
design concepts and performance characteristics, as well as diverse
locations potentially needing vertiports. As a result, the FAA is
conducting research in order to develop a performance-based standard
for vertiports that will include performance classes for vertiport
infrastructure with different design criteria. The performance classes
will be based on the design characteristics and performance
capabilities of differing VTOL aircraft groups. That standard is
expected to be published in late 2025 in accordance with the results
from the ongoing operational testing.
---------------------------------------------------------------------------
\465\ FAA Engineering Brief No. 105, Vertiport Design at 11
(Sept. 21, 2022).
---------------------------------------------------------------------------
D. Definition of Autorotation
An individual commenter noted that the NPRM stated some powered-
lift could be capable of autorotation.\466\ The commenter asked if this
was correct, given that autorotation is defined in Sec. 1.1 as a
rotorcraft flight condition. In response to the commenter, the FAA has
determined that adding ``powered-lift'' to the definition of
``autorotation'' is appropriate to ensure that when a regulation
mentions autorotation, powered-lift that are capable of that maneuver
are included in the intent of the regulation. Therefore, the FAA has
revised the definition of autorotation making it applicable to powered-
lift.
---------------------------------------------------------------------------
\466\ 88 FR 39027 (June 14, 2023).
---------------------------------------------------------------------------
XV. Other Comments Related to Powered-Lift
A. Other Comments Related to Language or Definitions in the Powered-
Lift NPRM
HAI commented that the FAA's approach to certifying powered-lift,
as the FAA wrote in the NPRM, assumes ``complex and unique design,
flight, and handling characteristics.'' However, HAI implied this
assertion contradicts other comments because the NPRM also cited the
benefits of powered-lift as being ``easier to design, simpler to
construct, [and] less complicated to maneuver.'' Additionally, HAI
cautioned that permanent changes to powered-lift made through the SFAR
could make it difficult to remove or undo rules in the future.
First, the FAA asserts the comments regarding design and operation
are not mutually exclusive; rather, they offer commentary regarding the
current state of the powered-lift industry and its potential. The
special class aircraft certification process under Sec. 21.17(b)
allows for the full range of design and construction complexity and
ensures each aircraft will include all relevant 14 CFR Subchapter C
(Aircraft) criteria, as well as other equivalent criteria if
appropriate, when it is certificated. Second, the FAA has remained
committed to re-evaluating the SFAR when appropriate. The FAA will
routinely revisit the powered-lift SFAR regulatory framework within the
ten-year period as it obtains operational data to ensure it remains as
effective as possible.
An anonymous commenter asked what type of rating they would need to
fly a Volocopter.\467\ The commenter opined that a Volocopter does not
seem to meet the powered-lift definition under part 1 and that a pilot
would not require anything beyond a helicopter rating because the
Volocopter likely qualifies as a helicopter. The Volocopter is
currently being worked as a concurrent certification project with the
FAA and EASA. While specific questions about the type certification of
the Volocopter are beyond the scope of this rulemaking, the FAA notes
that, at this time, the Volocopter does not meet the definition of a
powered-lift and, therefore, a pilot would not be required to hold
powered-lift ratings on their certificate. Rather, a multicopter is
considered a rotorcraft \468\ and would require the applicable
rotorcraft category and helicopter class ratings, with any additional
training requirements determined during the FSB phase.
---------------------------------------------------------------------------
\467\ A Volocopter is an electric multirotor helicopter
manufactured by a company of the same name.
\468\ A multicopter is a rotorcraft that can have more than one
rotor providing lift. Although multicopters are helicopters by
definition, multicopters differ from the conventional helicopter
models originally considered during the 2004 rulemaking because the
takeoff and landing are intended to be automated and not require
extensive pilot training and skill.
---------------------------------------------------------------------------
B. Safety Systems or Procedures Not Addressed in the NPRM
A commenter expressed concern that the proposal did not contain any
information regarding an emergency in a total failure situation. The
commenter urged implementation of a safety system for powered-lift
vehicles that lack the ability to glide or auto-rotate in a total
system failure scenario. The commenter attached a previously submitted
request to update parachute type ratings in Sec. 65.121 and emphasized
the importance of aircraft mounted parachute systems for eVTOL
vehicles.
The FAA acknowledges that some powered-lift may lack an ability to
glide or autorotate; however, during the aircraft certification
process, as discussed in section IV.A. of this preamble, each aircraft
will be evaluated against the existing airworthiness criteria to
determine which rules will be applicable to that particular aircraft.
The FAA is not requiring powered-lift to have a specific safety design
feature, like a ballistic parachute, but instead will require the
capability of a controlled emergency landing or an equivalent means to
address the risks associated with certain failures like loss of power
or thrust. In addition, it must be shown that any failure or
combination of failures not shown to be extremely improbable must not
result in a catastrophic event.
Airbus Helicopters stated that in Sec. 194.302(y)(2) the FAA
proposed to apply requirements applicable to transport category
airplanes to large powered-lift in the absence of a uniform transport
category standard for powered-lift. The proposed rule includes the
following text: ``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.'' Airbus
contends that an alternate path for compliance, similar to what is
offered in Sec. 91.509(b)(5), should also be available whenever a
requirement that was developed for airplanes or helicopters of the
normal or transport category is referred to in this SFAR.
[[Page 92464]]
Although Airbus did not specifically identify regulations in which
equivalent airworthiness standards should be considered, the FAA agrees
that, in many cases, equivalent airworthiness criteria may be required
to address unique features on powered-lift. As indicated throughout the
NPRM, the FAA identified areas where specific airworthiness
requirements required by operating rules may be met by other
airworthiness criteria that the FAA has determined provide for an
equivalent level of safety in accordance with Sec. 21.17(b).
One commenter inquired whether the FAA considers specific standards
for the implementation of congested area data bases for the HTAWS
requirements in the context of powered-lift integration. The obstacle
and terrain databases include data for congested areas and will be the
same for HTAWS. In addition, this subject is covered in TSO-C194 and
Section 2 of RTCA DO-309, which are incorporated by reference in this
SFAR. These two documents will apply to HTAWS the same way they apply
to helicopters. The SFAR sections addressing HTAWS are finalized at
Sec. 194.302(y) and (bbb) and Sec. 194.306(s) and (ooo).
C. Other Comments Related to Powered-Lift Design
One commenter sought clarification on the expected proportional
increase in surface area that some powered-lift or eVTOL aircraft may
require to conduct a landing as compared to a helicopter when comparing
similar passenger capacities.
Given the current number of powered-lift/eVTOL aircraft
configurations under consideration, there could be an increase in
surface area of the landing facility required for certain powered-lift.
The need for an increase in surface area of a given landing facility
will be driven by the unique performance characteristics and design
features of the controlling powered-lift that will utilize that
facility. As mentioned in the ``heliports'' discussion in section
XIV.C. of this preamble, in order for a powered-lift to use a heliport,
that powered-lift must be capable of meeting or exceeding the
performance requirements for helicopters with respect to their
controllability and maneuverability. Additionally, the powered-lift
cannot exceed the size and weight limitations established for a
particular heliport.
EASA said the SFAR's approach lacks a cohesive link that explains
how the aircraft certification approach is accounted for in operational
limitations and airspace integration.
Part 1 includes definitions for different kinds of aircraft based
on characteristics such as propulsion, flight, or landing. These
aircraft definitions are then used for the purposes of determining the
appropriate requirements for aircraft certification, pilot
certification, and operational rule applicability.\469\ For instance,
if an aircraft meets the definition of airplane, it must meet the
airworthiness criteria set forth in parts 23 or 25 as applicable to
airplanes. Powered-lift are type certificated as a special class
aircraft, and the FAA will designate airworthiness requirements that
match the safety levels of existing standards. Throughout the rules,
the classification dictates how an aircraft is certificated, how a
pilot is trained on operating that aircraft, how it is handled by air
traffic control (ATC), how it is maintained, and how the FAA applies
operating rules based on the aircraft in question.
---------------------------------------------------------------------------
\469\ Airplane means an engine-driven fixed-wing aircraft
heavier than air, that is supported in flight by the dynamic
reaction of the air against its wings. See 14 CFR 1.1.
---------------------------------------------------------------------------
Currently, powered-lift are able to proceed through type
certification and conduct limited operations in the NAS--they already
do this for flight testing and primarily under experimental
designations. Notwithstanding, the SFAR creates a clear pathway for
pilot certification and for a wider range of powered-lift operations,
including commercial operations. Finally, the SFAR clarifies how
certain airworthiness criteria required under the operating rules apply
in the powered-lift context. Specifically, if an operating regulation
requires a specific airworthiness criterion under part 23, 25, 27, or
29, the FAA may determine that an alternate airworthiness criterion
applies to a certain powered-lift in accordance with the process under
Sec. 21.17(b).
Joby recommended the FAA include final rule preamble discussion
clarifying that the FAA will consider detailed review of the aircraft,
capabilities, existing systems and equipment, and operational use cases
when making a determination about ``unless otherwise authorized in the
certificate holder's approved minimum equipment list.''
Powered-Lift MMELs will be treated no differently than any other
aircraft with regard to MMELs. The current process takes into account
all of Joby's concerns. Proposed MMEL relief normally comes from
manufacturers or operators. The entity that requests the relief is
responsible for ``submitting an evaluation plan to the FOEB Chair for
acceptance. The evaluation plan should consider all phases of flight
operation and demonstrate that flight operations with the proposed item
inoperative have an equivalent level of safety to flight with the item
operative and considering the next most critical failure.'' \470\
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\470\ FAA Order 8900.1 Volume 8, Chapter 2, Section 3 Flight
Operations Evaluation Board, D. The Formal FOEB Meeting (3) (a).
---------------------------------------------------------------------------
Additionally, FAA Order 8900.1, Volume 8, Chapter 2, Section 3,
Paragraph 8-67(C)(3) lists the justification information required to
evaluate whether relief should be granted for an inoperative item. In
addition to reviewing the justification items, the FOEB incorporates
FAA MMEL policy letters and ensures the relief would not be contrary to
Sec. 91.213(b), which provides instruments and equipment excepted from
a Minimum Equipment List. The equipment excepted from this requirement
may not be instruments and equipment required by the airworthiness
requirements under which the aircraft was type certificated for safe
operations, instruments, and equipment required to be operational by an
airworthiness directive pertaining to that particular aircraft, or any
other instruments and equipment required by part 91.
EASA, when considering the use of High Voltage for many of the new
entrants, requested information on whether the FAA considers particular
operational and/or design provisions to cater for the risk posed by
electric hazards during and after an emergency entry into water.
From the certification standpoint, the FAA is in the process of
developing guidance pertaining to airworthiness criteria for ditching
or emergency flotation for eVTOL powered-lift. Through the established
process for type certification in accordance with Sec. 21.17(b),
applicants requesting a ditching or emergency flotation approval, the
FAA would consider the risks associated with a water landing in an
aircraft with a high voltage system when establishing the certification
basis for that aircraft. The specific method on how a specific
applicant complies with these requirements would then be documented in
the means of compliance for each specific design approval.
EASA also sought clarification on the expected buoyancy and
demonstrated sea states that will apply to those powered-lift opting to
install floats in order to mitigate for the inability to meet Sec.
135.183 (a) or (c). Buoyancy and sea states are defined within aircraft
certification (combination of regulation and guidance material) if a
ditching
[[Page 92465]]
approval is sought. If a powered-lift requested this approval, then the
FAA would apply the appropriate airworthiness criteria from the
existing airworthiness standards to meet the equivalent level of safety
as required under Sec. 21.17(b).
D. Congressional Comments
A U.S. Congressman said they sponsored a bipartisan amendment,
which was unanimously passed by the House Transportation and
Infrastructure Committee and incorporated into the 2023 FAA
Reauthorization that passed the House of Representatives in July 2023.
The Congressman suggested that the FAA consider this amendment and
consult with the Department of Defense (DoD) on pilot qualifications
before finalizing the SFAR.
A joint association letter also recommended consulting the
Secretary of Defense regarding the U.S. Air Force Agility Prime Program
and powered-lift deployed for military purposes such as the F-35B.
The FAA appreciates Congressional interest in the integration of
powered-lift in the NAS. As discussed in section II of this preamble,
the FAA has addressed requirements of section 955 of the FAA
Reauthorization Act of 2024 into this final rule, including the
provisions regarding pilot certification and performance-based energy
reserve requirements.
As discussed in section V.D.2. of this preamble, during this
rulemaking, the FAA carefully considered DoD's approach to pilot
training and simulation. The FAA will continue to work with the DoD as
powered-lift are integrated into the NAS and in future rulemaking
activities. In addition to this rulemaking, the FAA has been engaged in
a broader effort with the Department of Transportation as part of the
AAM Interagency Working Group. The AAM IWG is a broad group of Federal
departments and agencies, including DoD, whose mission is to foster
leadership and interagency collaboration in the adoption and deployment
of AAM. The FAA looks forward to continuing to learn from the
Department of Defense about the use of, and research regarding,
powered-lift.
XVI. Related Rulemakings
To integrate powered-lift into the NAS, the FAA is engaging in a
multistep process to update the regulations applicable to powered-lift.
These rulemakings include: the Update to Air Carrier Definitions,
Airman Certification Standards and Practical Test Standards for Airmen:
Incorporation by Reference, and Modernization of Special Airworthiness
Certification.
First, in the final rule Update to Air Carrier Definitions,\471\
the FAA added powered-lift to the definitions of five kinds of air
carrier operations: commuter, domestic, flag, on-demand, and
supplemental to the part 110 regulatory definitions. Specifically, the
definitions in part 110 apply to all operations under 14 CFR chapter I,
subchapter G, which includes parts 135 and 136, as well as to the part
119 air carrier and commercial operator certification requirements.
Therefore, the rules and applicability sections in 14 CFR chapter 1,
subchapter G, would include use of powered-lift in those kinds of
operations. Amending these definitions along with other provisions of
part 119 enables powered-lift to engage in operations consistent with
the applicable statutory framework that applies to air carrier and
commercial operations.
---------------------------------------------------------------------------
\471\ Final rule, Update to Air Carrier Definitions, 88 FR 48072
(July 28, 2023).
---------------------------------------------------------------------------
Next, the Airman Certification Standards and Practical Test
Standards for Airmen; Incorporation by Reference (ACS IBR) \472\
revised certain part 61 regulations to incorporate the pilot
certification testing standards by reference into the requirements for
powered-lift pilot and flight instructor certification. As it pertains
to powered-lift, the ACS IBR rule incorporated six 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, (5) Flight
Instructor for Powered-Lift Category, and (6) Flight Instructor
Instrument Powered-Lift. Most of the Powered-Lift ACSs were drafted
based on input from industry and the ACS Working Group and align with
the areas of operation promulgated by the regulations for the
respective certificates and/or ratings.
---------------------------------------------------------------------------
\472\ Final rule, Airman Certification Standards and Practical
Test Standards for Airmen; Incorporation by Reference, 89 FR 22482
(April 1, 2024).
---------------------------------------------------------------------------
Finally, in the Modernization of Special Airworthiness
Certification (MOSAIC) NPRM,\473\ the FAA proposed to amend rules for
the manufacture, certification, operation, maintenance, and alteration
of light-sport aircraft. Specifically, the current Sec. 1.1 definition
of light-sport aircraft excludes helicopters and powered-lift from
being considered as light-sport aircraft. The FAA proposed to allow the
airworthiness certification of rotorcraft and powered-lift as light-
sport category aircraft under Sec. 21.190, provided these aircraft are
certificated in accordance with the proposed performance-based
requirements in part 22 using an FAA-accepted consensus standard as a
means of compliance.
---------------------------------------------------------------------------
\473\ Modernization of Special Airworthiness Certification NPRM,
88 FR 47650 (July 24, 2023).
---------------------------------------------------------------------------
SAE International, CAE, AOPA, and L3Harris Commercial Aviation
cited the MOSAIC NPRM as a notable related rulemaking. These commenters
suggested the FAA should align the powered-lift SFAR with the MOSAIC
NPRM, which they said describes and accommodates the enhanced safety of
simplified flight controls and the benefits of a performance-based
approach to certification. The MOSAIC rulemaking is in the proposal
phase, working toward final rule publication. Notwithstanding, the FAA
is internally coordinating to ensure that the powered-lift SFAR and the
MOSAIC rule do not conflict. Specific discussion pertaining to how this
rule has coordinated with the MOSAIC rule can be found in section V.A.
of this preamble, regarding type rating requirements, and section
VI.B.1. of this preamble, regarding Sec. 91.113, the right-of-way
rules.
CAE and NBAA referenced the Updating Manual Requirements to
Accommodate Technology final rule which modernized regulations that
require manuals to reflect improvements in technology. They recommended
that the FAA revise the regulatory text regarding access to manuals to
align with this final rule.
The Updating Manual Requirements to Accommodate Technology final
rule creates flexibility in allowing electronic display of manuals
without a rigid form and formatting. The FAA's position is that an
operator may use Electronic Flight Bag (EFB) technology to meet the
requirement for carrying the appropriate manuals while away from
base.\474\ The powered-lift SFAR does not contravene the Manual
Requirements final rule. In fact, an operator could apply for an
authorization to use an EFB.\475\ Moreover, the powered-lift SFAR
applies the current regulations to powered-lift operations. So, changes
made within the regulations regarding manual requirements would also
apply for powered-lift operators.
---------------------------------------------------------------------------
\474\ See AC-120-76D Authorization for Use of Electronic Flight
Bags.
\475\ 88 FR 34437 (May 30, 2023).
---------------------------------------------------------------------------
XVII. Severability
As discussed in section II. of this preamble, Congress authorized
the FAA by statute to promote safe flight of civil aircraft in air
commerce by prescribing,
[[Page 92466]]
among other things, regulations and minimum standards for practices,
methods, and procedures the Administrator finds necessary for safety in
air commerce.\476\ Consistent with that mandate, the FAA promulgates
the regulations described herein to facilitate the certification of
powered-lift pilots and operation of powered-lift. However, the FAA
recognized that certain provisions of this final rule approach
operations and airman certification in unique ways due to the novel
challenges presented with the integration of a new category of aircraft
into the NAS. Therefore, the FAA has determined that various provisions
of this SFAR are capable of operating independently of one another, are
severable, and are able to operate functionally if severed from each
other. In the event a court were to invalidate one or more of this
final rule's unique provisions, the remaining provisions should remain
unaffected and in force to the extent those provisions maintain their
intended effect without the severed provisions, thereby allowing the
FAA to integrate the operation of powered-lift within its
Congressionally authorized role of promoting safe flight of civil
aircraft in air commerce.
---------------------------------------------------------------------------
\476\ 49 U.S.C. 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.
---------------------------------------------------------------------------
XVIII. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866, Executive Order 13563, and 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 $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this rule. The FAA has provided a detailed
Regulatory Impact Analysis (RIA) in the docket for this rulemaking.
In conducting these analyses, the FAA has determined that this
rule: (1) will result in benefits that justify costs; (2) is a
``significant regulatory action'' as defined in section 3(f)(1) of
Executive Order 12866 (as amended by Executive Order 14094); (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.
In accordance with OMB Circular A-4 (at www.whitehouse.gov/omb/circulars/), an accounting statement showing the classification of
impacts associated with the rule is provided below.
Table 10--OMB A-4 Accounting Statement
--------------------------------------------------------------------------------------------------------------------------------------------------------
OMB A-4 Accounting Statement
------------------------------------------------------------------------
Category Time Notes
Primary Low High Dollar Discount horizon
estimate estimate estimate year rate (%) (years)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized monetized benefits................. Not Not Not N/A N/A N/A
Estimated Estimated Estimated
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized quantified, but non-monetized, N/A N/A N/A N/A N/A N/A
benefits.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unquantified benefits......................... Mitigates Risk and Narrows Safety Gap--The SFAR establishes a The powered-lift industry is
regulatory structure that leverages airplane, helicopter, and nascent, and the timeframe in
rotorcraft rules to narrow a safety gap that would otherwise exist which commercial operations
absent the rule. will become viable is unknown.
A certain degree of operational
growth is dependent on industry
readiness once the regulatory
framework is in place.
------------------------------------------------------------------------
Data Collection--For the duration of the SFAR, the FAA will gather
data and information to evaluate the temporary requirements to
determine the most appropriate permanent rulemaking path for powered-
lift. The FAA anticipates gathering data and information through: (1)
formal information collections; (2) regulatory requirements; (3)
regular, formal and informal interactions with the public, including
conferences, data-sharing systems, and outreach initiatives; and (4)
informal anecdotal information and observations.
------------------------------------------------------------------------
Alternate Pathway to Pilot Certification--The SFAR introduces an
alternate pathway for pilots to obtain powered-lift ratings on the
commercial pilot certificates.
------------------------------------------------------------------------
[[Page 92467]]
Relief from the provision of dual-control a/c for training--The SFAR
provides for three alternatives to accomplish training for aircraft
that are not equipped with dual-controls, which are: (1) accomplishing
training in a powered-lift equipped with a single functioning flight
control accessible by both the student and instructor; (2)
accomplishing 100% of training in a full flight simulator that is
combined with in-aircraft solo aeronautical experience; and (3) FAA
can issue deviation authority to facilitate flight training in powered-
lift with a single functioning flight control based on future
advancements in technology.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized monetized costs: 2% PV............. $101.8 $96.4 $107.6 2022 2 10 Costs are incurred as powered-
Annualized monetized costs: 3% PV............. ........... ........... ........... ........ .......... ......... lift enter the fleet. For the
Annualized monetized costs: 7% PV............. 103.7 97.4 110.3 2022 3 10 high estimate, it is determined
........... ........... ........... ........ .......... ......... powered-lift deliveries start
110.9 101.1 121.70 2022 7 10 during the year of the SFAR's
publication. For the primary
estimate and the low estimate,
it is determined powered-lift
enter the fleet in year 2 and
3, respectively.
Annualized quantified, but non-monetized, N/A N/A N/A N/A N/A N/A ................................
costs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unquantified costs............................ Equipage Requirements--The SFAR imposes equipage requirements which The costs imposed by the
would add costs for entities manufacturing and/or operating powered- finalized rule provide for the
lift. These costs could include, but are not necessarily limited to, integration of powered-lift
the purchase and installation of equipment, the decrease of aircraft into the NAS expeditiously
performance due to added weight of required equipment, and the cost to without compromising safety.
perform required maintenance and repairs of equipment. The equipage Generally, the rule mirrors
requirements being imposed generally affect powered-lift with 6 or requirements that are
more seats for which 2 pilots are required, or for powered-lift with applicable to operators of
10 or more seats. At present, there is only one powered-lift airplanes and rotorcraft.
undergoing type certification that meets these requirements.
Advanced Qualification Program--The FAA determined 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. The safety standard requires these kinds of
operations to comply with subparts N and O of part 121, which are
multiengine specific. At this time, the FAA is not revising part 121
to accommodate powered-lift as part 121 operations are not anticipated
during the period of the SFAR. Thus, for these operations, the FAA
will require certificate holders to comply with subpart Y of part 121.
At present, there is only one powered-lift undergoing type
certification that meets these requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Transfers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized transfers.......................... Not Applicable.
From whom to whom?
--------------------------------------------------------------------------------------------------------------------------------------------------------
Miscellaneous
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on State, local, or Tribal Govt....... None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on small businesses................... Generally, entities affected by the rule are small, and the FAA does
not anticipate that they will be negatively impacted by this rule. The
introduction of powered-lift operations into the NAS is an emerging
market, and the number of entities that will be impacted by this rule
is uncertain.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on wages.............................. None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on growth............................. The rule puts a regulatory framework in place for the safe integration
of powered-lift in the National Airspace System. A certain degree of
operational growth is dependent on industry readiness.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 92468]]
A. Summary of the Regulatory Impact Analysis
1. Data and Assumptions
This Special Federal Aviation Regulation finalizes 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. This will enable the FAA to
gather additional information to 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.\477\ The
analysis uses 2022 constant dollars. Year 1 of the period of analysis,
which would correlate with the effective date of the final, is used as
the base year.
---------------------------------------------------------------------------
\477\ 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 costs 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.\478\ The FAA believes that in many circumstances
this training and testing would be at the expense of entities utilizing
powered-lift in its operations.
---------------------------------------------------------------------------
\478\ The estimated cost for this provision is detailed in the
regulatory impact analysis prepared for this SFAR.
---------------------------------------------------------------------------
To forecast the number of pilots required to operate the
powered-lift fleet, the FAA used a model published by the NBAA. The
model estimates the number of pilots required to operate a fleet of
aircraft.\479\ To account for pilot turnover, a rate of 8.9 percent,
annually, is used.\480\
---------------------------------------------------------------------------
\479\ 2016-01-nbaa-management-guide PDF (nbaa.org). See Figure
1.5 on page 1-18.
\480\ www.ntsb.gov/news/events/Documents/aviation_pro-Lovelace-NTSB-Professionalism-Forum.pdf.
---------------------------------------------------------------------------
The estimated battery life for an eVTOL is 1,600
hours.\481\ The cost per battery is $60,000.\482\
---------------------------------------------------------------------------
\481\ www.sciencedirect.com/science/article/pii/S2542435121002051.
\482\ aerospaceamerica.aiaa.org/features/faith-in-batteries/.
---------------------------------------------------------------------------
It is estimated that 20 dual-control aircraft and 60 full
flight simulators will be required for the provision of training at a
cost of $3.9 million per dual-control aircraft and $10 million per full
flight simulator.\483\
---------------------------------------------------------------------------
\483\ Source: NERA Economic Consulting--Expert Report of
Christian M. Dippon, Ph.D. on behalf of Supernal. August 14, 2023.
This report estimates 50 dual-control aircraft will be required for
the provision of training over the ten-year period of the SFAR
www.regulations.gov/comment/FAA-2023-1275-0062.
---------------------------------------------------------------------------
Operational and maintenance 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. Unless otherwise stipulated in this final rule, either
the more conservative airplane-specific operational rules or those for
rotorcraft/helicopters will apply to powered-lift. Additionally, in
some instances, performance-based alternatives and deviation provisions
provide additional flexibility in the operational rules for powered-
lift.
The FAA uses a two percent, three percent, and seven
percent discount rate to quantify present value costs and cost
savings.\484\
---------------------------------------------------------------------------
\484\ OMB Circular A-4, Regulatory Analysis (2003),
www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------
2. Summary of Individual Proposed and Finalized Regulatory Impacts
The powered-lift currently undergoing the type certification
process are comparatively different compared to the powered-lift
proposed during the 1990s. 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 airmen certification rules were
introduced, it was the FAA's intention to initiate further rulemakings
to develop operational rules for powered-lift. However, these
intentions never came to fruition. Without this rulemaking, civilian
pilots will be unable to obtain powered-lift ratings necessary for
industry to scale operations intended for these new and novel aircraft.
Should type-certificated powered-lift become available before this rule
is finalized, individuals holding an airman certificate with a powered-
lift category rating would be permitted to act as PIC of powered-lift
operations.
Furthermore, 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 and 135 rules that are specific to ``aircraft.''
Through this SFAR, the FAA provides operating rules applicable to
powered-lift and 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 amendments.
The tables below provide an evaluation of the economic impact of
the proposed rule and the final rule. The first table of the two
replicates the amendments as proposed, and the second table summarizes
only those amendments that have either been added or revised for the
final rule. The tables are designed to quickly inform the reader of the
changes and their resulting impacts.
Table 11--SFAR--Proposed Amendments
----------------------------------------------------------------------------------------------------------------
Section Proposed amendment Impact
----------------------------------------------------------------------------------------------------------------
Part 43--Maintenance, Preventive Sec. 43.3(h) Persons authorized to perform Provides relief to
Maintenance, Rebuilding, & Alterations. maintenance, preventive maintenance, operators of powered-
rebuilding, and alterations. lift on a scale that is
equivalent to the relief
provided to operators of
rotorcraft.
Sec. 43.15(b) Additional performance rules Imposes a regulatory
for inspections. burden on 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 Flight Sec. 91.9(a)(b) Civil Aircraft Flight Imposes costs on
Rules. Manual. operators of powered-
Sec. 91.103(b)(1) Preflight action. lift on a scale
Sec. 91.109 Flight instruction; Simulated equivalent to costs
instrument flight. imposed on operators of
Sec. 91.151 Fuel requirements for flight airplanes or rotorcraft.
in VFR conditions.
[[Page 92469]]
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 Flight Sec. 91.107(a)(3) Use of restraint Provides relief to
Rules. systems. operators of powered-
Sec. 91.205(d)(3) U.S. airworthiness lift on a scale
certificates: Instrument and equipment equivalent to the relief
requirements. provided to operators of
Sec. 91.213 Inoperative instruments and airplanes or rotorcraft.
equipment.
Part 91--General Operating and Flight Sec. 91.113(d)(2) and (3) Right-of-way Imposes costs on
Rules. rules. operators of powered-
Sec. 91.126(b)(1) and (2) Operating in lift on a scale
Class G: Direction of turns. equivalent to costs
Sec. 91.129 Operations in Class D imposed on operators of
airspace--approaches. airplanes or rotorcraft.
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.
Part 91--General Operating and Flight Sec. 91.126(c) Operating in Class G Imposes a regulatory
Rules. airspace--flap settings. burden on operators
Sec. 91.129 Operations in Class D conducting powered-lift
airspace--minimum altitudes. operations on a scale no
Sec. 91.129 Operations in Class D greater than that
airspace--departures. imposed on like
Sec. 91.129 Operations in Class D operators conducting
airspace--noise abatement. operations with
airplanes or rotorcraft.
Part 97--Standard Instrument Procedures Sec. 97.3. Copter procedures. Enabling.
Part 135--Operating Requirements Sec. 135.4 Applicability of rules for Imposes a regulatory
Commuter and On-Demand Operations and eligible on-demand operations. burden on operators
Rules Governing Persons on Board Such Sec. 135.23(r)(7) Manual contents. conducting powered-lift
Aircraft. Sec. 135.93 Minimum altitudes for use of operations on a scale no
autopilot. greater than that
Sec. 135.100 Flight crewmember cuties. imposed on like
Sec. 135.159(a)(2)(3) Helicopter operators conducting
exceptions are not allowed. operations with
Sec. 135.181 Aircraft operated over-the- airplanes or rotorcraft.
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.
[[Page 92470]]
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-route
limitations: Alternate airports.
Sec. 135.397 Small transport category
airplanes performance operating
limitations.
Part 135--Operating Requirements Sec. 135.1(a)(9) Conducting operations in Imposes costs on
Commuter and On-Demand Operations and accordance with subpart L (Helicopter Air operators of powered-
Rules Governing Persons on Board Such Ambulance Equipment, Operations, and lift on a scale
Aircraft. Training Requirements). equivalent to costs
Sec. 135.117(a)(9) Briefing of passengers imposed on operators of
before flight. airplanes or rotorcraft.
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 Requirements Sec. 135.128 Use of safety belts, child Provides flexibility or
Commuter and On-Demand Operations and restraint systems. relief to operators of
Rules Governing Persons on Board Such Sec. 135.159(a)(1) Gyroscopic rate of turn powered-lift on a scale
Aircraft. indicator. equivalent to the
Sec. 135.163(g) Exception for helicopters flexibility or relief
is allowed. provided to operators of
Sec. 135.229 Airport requirements. airplanes or rotorcraft.
Sec. 135.429(d) Required inspection
personnel.
Part 61--Certification: Pilots, Flight Sec. 61.31(a) Type rating requirements, Imposes a regulatory
Instructors, and Ground Instructors. additional training, and authorization burden on individuals
reqts. seeking airmen
Sec. 61.109(e)(5) Aeronautical experience. certification in powered-
lift on a scale no
greater than that
imposed on individuals
accomplishing airmen
certification in other
aircraft categories.
Part 61--Certification: Pilots, Flight Addressing: Relieving. No additional
Instructors, and Ground Instructors. Sec. 61.1(b) Applicability and regulatory costs.
definitions: Cross-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: Pilots, Flight Addressing: Imposes a regulatory
Instructors, and Ground Instructors. Sec. 61.64 Use of a flight simulator and burden on individuals
flight training device--SFAR--removes three accomplishing a powered-
of four available alternative requirements lift type rating in an
that enable a person to accomplish a FFS on a scale no
practical test for a powered-lift type greater than that
rating in a simulator. imposed on individuals
accomplishing a type
rating in an FFS for
airplanes or
helicopters.
Part 135--Operating Requirements SFAR temporarily allow the completion of Relieving.
Commuter and On-Demand Operations and certain part 135 tests and checks to meet
Rules Governing Persons on Board Such the flight proficiency requirements for the
Aircraft. addition of a powered-lift category rating,
an instrument-powered-lift rating, and
powered-lift type rating to a commercial
certificate.
[[Page 92471]]
Part 135--Operating Requirements Sec. 135.3 Rules applicable to operations Imposes costs on
Commuter and On-Demand Operations and subject to this part--FAA proposes operators of powered-
Rules Governing Persons on Board Such certificate holders comply with subpart Y lift on a scale
Aircraft. of part 121 (Advanced Qualification Program equivalent to costs
(AQP)). imposed on operators of
Sec. 135.243 Pilot in command airplanes or rotorcraft.
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 Database....... Sec. 111.1 Applicability. Imposes costs on
operators of powered-
lift on a scale
equivalent to costs
imposed on operators of
airplanes or rotorcraft.
Part 136--Commercial Air Tours and Sec. 136.1 Suitable landing area for Imposes costs on
National Parks Air Tour Management. helicopters. operators of powered-
Sec. 136.9 Life preservers for over water. lift on the same scale
Sec. 136.11(c) Helicopter floats for over as costs imposed on
water. operators of airplanes
Sec. 136.13(a) Helicopter performance plan or rotorcraft.
and operations Appendix A Special Operating
Rules for Air Tour Operators in the State
of Hawaii.
Part 141--Flight Schools............... Sec. 141.35 Chief instructor Relieving--no additional
qualifications. regulatory costs.
Sec. 141.36 Assistant chief instructor
qualifications.
Sec. 141.37 Check instructor
qualifications.
Part 142--Training Centers............. Sec. 142.47(a), (c) Training center Imposes a regulatory
instructor eligibility requirements. burden on part 142
Sec. 142.53 Training center instructor training centers
training and testing requirements. conducting powered-lift
training on a scale no
greater than that
imposed on like training
centers conducting
training with airplanes
or rotorcraft.
............................................ Provides relief to part
142 training centers
conducting powered-lift
training to allow
instructors to meet the
experience requirements
of part 61 or hold the
certificate. This allows
lower hours to obtain
certificate through the
SFAR.
Part 142--Training Centers............. Sec. 142.11 Application for issuance or Enabling. No additional
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 requirements. Provides relief 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.
----------------------------------------------------------------------------------------------------------------
The table below identifies only those amendments added or changed
from the proposed SFAR to the final SFAR. The first column of the table
identifies the affected part; the second column provides the section
affected and a description of the change from the proposed rule to the
final rule; lastly, the third column identifies the economic impact of
the change. If a provision from the proposal is not listed in the table
below, then the provision was finalized as proposed.
In many instances, the finalized SFAR applies operating rules for
helicopters in place of the more conservative airplane rules proposed
by the SFAR for powered-lift as long as the powered-lift can meet the
performance-based criteria outlined in the rule. This largely means
that amendments as finalized by the SFAR still impose a burden to the
various entities affected; however, the burden will be to a lesser
degree.
Table 12--SFAR--Table of Amendments Changed From Proposed Rule to Final Rule
----------------------------------------------------------------------------------------------------------------
Section Changes to provisions as proposed Impact
----------------------------------------------------------------------------------------------------------------
Part 1--Definitions and Abbreviations.. Sec. 1.1 General definitions. No economic impact.
Revises the definition of autorotation to
include powered-lift. Definition is as
follows: Autorotation means a rotorcraft or
powered-lift flight condition in which the
lifting rotor is driven entirely by action
of the air when the rotorcraft or powered-
lift is in motion.
Part 91--General Operating and Flight Sec. 91.113 Right-of-way-rules: Except Imposes a regulatory
Rules. water operations. burden on operators of
Permanent amendment that was originally powered-lift on a scale
proposed as a temporary change for the equivalent to costs
duration of the SFAR. The language is imposed on operators of
updated to change the term ``engine-driven airplanes or rotorcraft.
aircraft'' to ``powered aircraft.''
Powered-lift to use right-of-way rules
designated for other powered aircraft
(e.g., airplanes and rotorcraft).
Part 91--General Operating and Flight Sec. 91.903 Policy and procedures. Provides relief from
Rules. Adds any rule listed subpart J of part 91 as provisions proposed by
modified by subpart C of part 194 to those SFAR.
that the Administrator may issue a
certificate of waiver authorizing the
operation of aircraft in deviation from
those rules
Part 135--Operating Requirements: Sec. 135.100 Flight crewmember duties. No economic impact.
Commuter and on Demand Operations and Permanent technical amendment to provide the
Rules Governing Persons on Board Such definition of ``taxi'' for purposes of Sec.
Aircraft. 135.100.
[[Page 92472]]
Part 135--Operating Requirements: Sec. 135.165(d) Communication and No economic impact.
Commuter and on Demand Operations and navigation equipment: Extended over-water
Rules Governing Persons on Board Such or IFR operations.
Aircraft. Permanent amendment to reflect the current
location of the definition for ``commuter
operation'' (reference to the definition is
updated from part 119 to part 110).\485\
Part 135--Operating Requirements: Sec. 135.339(e) Initial and transition Provides relief from
Commuter and on Demand Operations and training and checking: Check airmen proposed SFAR.
Rules Governing Persons on Board Such (aircraft), check airmen (simulator).
Aircraft. Sec. 135.340(e) Initial and transition
training and checking: Flight instructors
(aircraft), flight instructors (simulator).
Permanent amendment to allow for training in
powered-lift that are not equipped with
dual controls.
Part 136--Commercial Air Tours and Sec. 136.75(a) Equipment and requirements. In the Update to Air
National Pars Air Tour Management. Permanent technical amendment to add the Carrier Definitions
term ``single-engine'' in front of rule, when appendix A
``rotorcraft.'' FAA did not intend for this was moved to subpart D
rule to apply to all rotorcraft. ``single-engine'' was
inadvertently omitted.
As a result, the
applicability of
required flotation
equipment was mistakenly
expanded to all
rotorcraft, instead of
only single-engine
rotorcraft.
Part 142--Training Centers............. Sec. 142.47 Training center instructor Provides relief from
eligibility requirements. existing regulations
Certain provisions of Sec. 142.47(a)(5) allowing aeronautical
requires an instructor to meet specific experience or a
aeronautical experience set forth in Sec. commercial certificate
61.129 or Sec. Sec. 61.159, 61.161, in place of aeronautical
61.163, as applicable. This final rule adds experiencer set forth in
the qualification option of simply holding Sec. 61.129 or Sec.
a commercial pilot certificate with the Sec. 61.159, 61.161,
appropriate ratings or an unrestricted ATP 61.163.
with the appropriate ratings to account for
those pilots who hold a certificate but may
not meet the specific aeronautical
experience requirements of part 61 due to
decreased minimum experience requirements
in part 141 and part 194. The FAA
emphasizes that meeting the aeronautical
experience requirements as currently
required remains an option without holding
the certificate itself, as well.
Additionally, the final SFAR designates that
the aeronautical experience requirements
are applicable only to powered-lift
weighing greater than 12,500 pounds or
turbojet powered. (In the proposed SFAR,
the aeronautical experience requirements
were applicable powered-lift of all weight
classes.
Part 194............................... Sec. 194.103 Definitions. No economic impact.
Amends Sec. 194.103 to add the following
definitions: Aviation safety inspector; FAA
test pilot; vertical-lift flight mode, and
wing-borne flight mode.
Part 194............................... Sec. 194.203 Alternate qualification Provides relief from
requirements for certain flight provisions proposed by
instructors. SFAR.
Amended to add FAA safety inspectors and FAA
test pilots to the initial cadre of
individuals eligible to receive training
from an instructor pilot at a powered-lift
manufacturer that does not hold a flight
instructor certificate under part 61.
Part 194............................... Sec. 194.209 Additional qualification Provides relief from
requirements for certain pilots serving as provisions proposed by
second-in-command. SFAR.
Amended to allows for an applicant receiving
training under Sec. Sec. 194.221,
194.223, 194.229, and 194.231 to serve as
second-in-command in a powered-lift type
certificated for more than one required
pilot flight crewmember while not otherwise
meeting the requirements of Sec.
61.55(a)(1) (a)(2) and (b)(2).
(e.g., airplanes and rotorcraft).
Part 194............................... Sec. 194.213 Alternate endorsement Provides relief from
requirements for certain persons seeking a provisions proposed by
powered-lift rating. SFAR.
Adds instructor pilots for manufacturers of
experimental powered-lift, FAA test pilots,
and FAA aviation safety inspectors to those
persons that may provide the required
logbook or training record endorsements
under parts 61 and 194 for a commercial
pilot certificate with a powered-lift
category, instrument, or type rating, or
for a flight instructor certificate with
powered-lift rating.
Part 194............................... New Sec. 194.216 Alternate aeronautical Provides relief from
experience pilot-in-command flight time in provisions proposed by
a powered-lift for a commercial pilot SFAR.
certificate with a powered-lift category
rating.
This new amendment allows all pilots to use
the FFS credit (not just those pilots
training under an approved training
program) as provided for in the proposal
for this rulemaking.
Part 194............................... Sec. 194.217 Test pilots, FAA test pilots, Provides relief from
or aviation safety inspectors: Alternate provisions proposed by
aeronautical experience and logging SFAR.
requirements for a commercial pilot
certificate with a powered-lift category
rating.
Adds FAA test pilots and FAA aviation safety
inspectors to those applicants that may use
alternate aeronautical experience and
logging requirements for a commercial pilot
certificate with a powered-lift ratings.
Part 194............................... Sec. 194.219 Instructor pilots: Alternate Provides relief from
aeronautical experience and logging provisions proposed by
requirements for a commercial pilot SFAR.
certificate with a powered-lift category
rating.
Adds FAA test pilots and FAA safety
inspectors to those persons that can
receive the manufacturer's training
curriculum from instructor pilots for
experimental powered-lift manufacturers.
Adds FAA test pilots and FAA safety
inspectors to the group of individuals that
allow an instructor pilot to log PIC time
in an experimental powered-lift.
[[Page 92473]]
Part 194............................... Sec. 194.221 Initial cadre of instructors: Provides relief from
Alternate aeronautical experience and provisions proposed by
logging requirements for a commercial pilot SFAR.
certificate with a powered-lift category
rating.
Reduces the number of hours an applicant for
a commercial pilot certificate with a
powered-lift category rating is required to
log as pilot-in-command for the purpose of
satisfying aeronautical experience
requirements from 40 hours to 25 hours 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 powered-lift
training curriculum.
Part 194............................... Sec. 194.223 Pilots receiving training Provides relief from
under an approved training program: provisions proposed by
Alternate requirements for a commercial SFAR.
pilot certificate with a powered-lift Also, a technical
category rating. Amendment. Inadvertent
Reduces the number of hours an applicant for missing word. (Changes
a commercial pilot certificate with a powered-lift category to
powered-lift category rating is required to powered-lift category
log as pilot-in-command time toward Sec. rating.). No impact.
61.129(e)(2)(i) from 40 hours to 25 hours
when the applicant is the sole manipulator
of the controls of a powered-lift for which
the pilot is not rated.
Part 194............................... Sec. 194.225 Test pilots, FAA test pilots, Provides relief from
and aviation safety inspectors: Alternate provisions proposed by
aeronautical experience and logging SFAR.
requirements for an instrument powered-lift
rating.
Adds FAA test pilots and FAA aviation safety
inspectors to those eligible for relief
with regard to alternate aeronautical
experience and logging requirements for an
instrument powered-lift rating.
Part 194............................... New Sec. 194.238 Alternate aeronautical Provides relief from
experience: Airline transport pilot provisions proposed by
certificate with a powered-lift category SFAR.
rating.
Provides for alternative aeronautical
experience requirements for an airline
transport pilot certificate with a powered-
lift category rating given certain
conditions.
Part 194............................... New Sec. 194.243 Pilot certification Technical amendment. No
through completion of training, testing, economic impact.
and checking part 135 of this chapter.
Provides retraining and endorsement
requirements for instances when a pilot
fails a part 135 competency or proficiency
check (.293/.297) also being to add
commercial/instrument/ATP/Type
certification concurrently with the check.
Part 194............................... New Sec. 194.253 Alternate requirements Provides relief from
for powered-lift without fully functional provisions proposed by
dual controls used in flight training. SFAR.
Allows powered-lift without fully functional
dual controls to be used for flight
training provided the primary flight
controls are instantly accessible by both
the applicant and the instructor.
Additionally, a person may apply for a
powered-lift category rating, type rating,
and instrument powered-lift rating for a
powered-lift with single controls under an
approved part 135, 141, or 142 training
program by meeting the part 61 requirements
or corresponding alternate requirement set
forth by part 194.
Part 194............................... Sec. 194.301 Applicability. Technical amendment. No
Provides clarification that sections or economic impact.
paragraphs within sections under parts 91
and 135 that refer to specific categories
of aircraft, and that are not referenced in
the SFAR tables to Sec. 194.302 or Sec.
194.306, do not apply to powered-lift.
Sec. 194.302 (con't)--Provisions Sec. 91.119 Minimum safe altitudes: Provides relief from
under part 91 of this chapter General. provisions proposed by
applicable to powered-lift. Provides for a performance-based rule SFAR.
allowing powered-lift to operate at an
altitude lower than airplanes.
194.302 (con't)--Provisions under part Adds Sec. 91.151(b). Provides relief from
91 of this chapter applicable to Allows for powered-lift operating in a provisions proposed by
powered-lift. vertical-lift flight mode to adhere to a SFAR.
less restrictive fuel requirement when
flying VFR.
194.302 (con't)--Provisions under part Sec. 91.155. Provides relief from
91 of this chapter applicable to Allows for powered-lift to use helicopter provisions proposed by
powered-lift. flight visibility requirements when being SFAR.
operated in the vertical-lift flight mode
of flight.
194.302 (con't)--Provisions under part Adds Sec. 91.157(b)(3), (b)(4), and (c). Provides relief from
91 of this chapter applicable to Allows helicopter exceptions to be applied provisions proposed by
powered-lift. to powered-lift operating in vertical-lift SFAR.
flight mode when those aircraft are
operated at a speed that allows the pilot
to see any other traffic or obstructions in
time to avoid a collision.
194.302 (con't)--Provisions under part Adds Sec. Sec. 91.167(a)(3) and Provides relief from
91 of this chapter applicable to (b)(2)(i), and 91.169(b)(2)(ii) and provisions proposed by
powered-lift. (c)(1)(ii). SFAR.
Allows powered-lift authorized to conduct
copter procedures and can land in the
vertical-lift flight mode to use fuel (Sec.
91.167) or weather minimums (Sec.
91.169) established for helicopters.
194.302 (con't)--Provisions under part Adds Sec. 91.175(f)(2)(iii). Provides relief from
91 of this chapter applicable to Allows powered-lift authorized to use copter provisions proposed by
powered-lift. procedures and can land in the vertical- SFAR.
lift flight mode to use takeoff minimums
established for helicopters.
194.306--Provisions under part 135 of Amends Sec. 135.93(c)(1). Provides relief from
this chapter applicable to powered- Provides a performance-based alternative to provisions proposed by
lift. enroute requirements specified in Sec. SFAR.
135.93.
[[Page 92474]]
194.306 (con't)--Provisions under part Sec. 135.158 Amending the proposed Provides relief from
135 of this chapter applicable to regulatory text for Sec. 194.307(r). provisions proposed by
powered-lift. Allows for the indication system in powered- SFAR.
lift to be something other than an amber
light when a pitot system is not operating.
194.306 (con't)--Provisions under part Adds Sec. 135.168(b)(1). Provides relief from
135 of this chapter applicable to For the final rule, the life preserver provisions proposed by
powered-lift. required by Sec. 135.168(b)(1) need not SFAR.
be worn but must be readily available for
its intended use and easily accessible to
each occupant when the powered-lift is a
multiengine aircraft operated at a weight
that will allow it to climb, with the
critical engine inoperative or while
experiencing a critical change of thrust,
at least 50 feet a minute, at an altitude
of 1,000 feet above the surface.
194.306 (con't)--Provisions under part Added Sec. 135.181(a)(2) and Sec. Clarifying amendment. No
135 of this chapter applicable to 135.181(b). economic impact.
powered-lift. Provides clarification that performance
requirements for aircraft operated over-the-
top or in IFR conditions applies to those
powered-lift that do not have a critical
engine but can experience a critical change
of thrust.
194.306 (con't)--Provisions under part Amends Sec. 135.183(c). Clarifying amendment. No
135 of this chapter applicable to Revised to add the term ``critical change of economic impact.
powered-lift. thrust'' to the performance requirements
for multiengine land aircraft carrying
passengers as follows: aircraft operated at
a weight that will allow it to climb with
the critical engine inoperative, or while
experiencing a critical change of thrust,
at least 50 feet a minute, at an altitude
of 1,000 feet above the surface.
194.306 (con't)--Provisions under part Amends Sec. 135.203(a) and (b). Provides relief from
135 of this chapter applicable to Amended to create a performance-based rule provisions proposed by
powered-lift. allowing powered-lift to use an altitude SFAR.
lower than specified for airplanes. This
provision is adopted when operating in the
vertical-lift flight mode. Or, when
operating in the wing-borne mode. Also,
incorporates helicopter minimums contained
in Sec. 135.203(b).
194.306 (con't)--Provisions under part Amends Sec. 135.205(b) and Provides relief from
135 of this chapter applicable to Creates a performance-based rule allowing provisions proposed by
powered-lift. powered-lift to use visibility requirements SFAR.
lower than specified for airplanes. This
provision is adopted when operating in the
vertical-lift flight mode.
194.306 (con't)--Provisions under part Amends Sec. 135.209(a). Provides relief from
135 of this chapter applicable to Allows for deviations from VFR Fuel Supply provisions proposed by
powered-lift. for specific routes with one or more SFAR.
predetermined suitable landing areas if the
FAA finds the operation can be conducted
safely.
Adds Sec. 135.209(b).
Makes 20-minute minimum for VFR fuel
requirement applicable to powered-lift with
the performance capability, as provided in
the Aircraft Flight Manual. (Deviations
allowed).
194.306 (con't)--Provisions under part Amends Sec. 135.221(b). Provides relief from
135 of this chapter applicable to The alternate airport weather minimums provisions proposed by
powered-lift. authorized for helicopters may be used by SFAR.
powered-lift if they are authorized to
conduct copter procedures and can land in
the vertical-lift flight mode.
194.306 (con't)--Provisions under part Applies Sec. 135.223(a)(3) IFR Alternate Provides relief from
135 of this chapter applicable to airport requirements. provisions proposed by
powered-lift. Powered-lift may use the 30-minute fuel SFAR.
requirements specified for helicopters in
Sec. 135.223(a)(3) if the powered-lift is
authorized to conduct copter procedures and
can conduct a landing in the vertical-lift
flight mode for the entire flight.
194.306 (con't)--Provisions under part Applies Sec. 135.227(d). Technical Amendment.
135 of this chapter applicable to The FAA corrected cross-references
powered-lift. pertaining to this SFAR section and removed
a reference to ``critical surfaces''
because it is no longer required.
194.306 (con't)--Provisions under part Adds Sec. 135.229(b)(2)(ii). Technical Amendment.
135 of this chapter applicable to Allows powered-lift taking off or landing in
powered-lift. vertical-lift flight mode and equipped with
landing lights oriented in a direction that
enables the pilot to see an area to be used
for landing or takeoff marked by reflective
material. Otherwise powered-lift must take
off or land at an airport with boundary or
runway marker lights. The FAA clarified
that the intent of this section is to apply
in both the takeoff and landing context.
194.306 (con't)--Provisions under part Revises Sec. 135.609 VFR ceiling and Provides relief from
135 of this chapter applicable to visibility minimums for Class G Airspace provisions proposed by
powered-lift. when conducting VFR helicopter air SFAR.
ambulance.
Airplane minimums will be applied when the
powered-lift is operated in wing-borne
flight mode. Helicopter minimums will be
applied when the powered-lift is operating
in vertical-lift flight mode.
194.306 (con't)--Provisions under part Revises Sec. 135.613 Approach/departure Provides relief from
135 of this chapter applicable to IFR transitions. provisions proposed by
powered-lift. Sec. 135.613(a)(2) revised and Sec. SFAR.
135.613(b) added to allow powered-lift that
are operating in the vertical-lift flight
mode to use helicopter minimums.
Relieving.
194.306 (con't)--Provisions under part Adds Sec. 135.615(b) VFR flight planning. Provides relief from
135 of this chapter applicable to Allow powered-lift operated in the vertical- provisions proposed by
powered-lift. lift flight mode during enroute operations SFAR.
to use the terrain and obstacle clearance
requirements minimums described in Sec.
135.615(b).
194.308--Applicability of national air Amends Sec. Sec. 136.9(b)(3), Clarifying amendment. No
tour safety standards under part 136 136.11(a)(2), and 136.75(c). economic impact.
of this chapter to powered-lift. Adds the term'' critical change of thrust''
to ensure those novel aircraft that may not
have a critical engine be required to
demonstrate the same performance
requirements as those stipulated for
aircraft with a critical engine.
[[Page 92475]]
194.308--Applicability of national air Adds Sec. 136.11(a)(1). Imposes a burden on
tour safety standards under part 136 Requires floats for single-engine powered- operators of powered-
of this chapter to powered-lift. lift. lift on a scale no
Revises Sec. 136.11(b)(2). greater than the burden
Requires flotation system to be armed when placed on operators of
the powered-lift is over water beyond the helicopters.
shoreline whether operating in vertical-
lift flight mode or wing-borne flight mode.
194--New Appendix A.................... New Appendix A. Provides relief from
Prescribes the minimum requirements to apply provisions proposed by
for a pilot training program leading to a SFAR.
powered-lift category rating; a powered-
lift type rating; and an instrument powered-
lift rating using powered-lift with one set
of controls.
----------------------------------------------------------------------------------------------------------------
3. 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 may be easier to design, simpler to construct,
less complicated to maneuver, quieter to fly, and more economical to
operate compared to traditional aircraft.\486\ Many use cases for these
aircraft are anticipated. Below is a description of just a few of the
use cases.
---------------------------------------------------------------------------
\485\ 76 FR 7482 (Feb. 10, 2011).
\486\ Transforming Aviation: Stakeholders Identified Issues to
Address for 'Advanced Air Mobility' U.S. GAO.
---------------------------------------------------------------------------
It is envisioned smaller versions of these aircraft may reduce
travel times in congested areas for passengers by allowing for more
efficient transportation 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.\487\ Such
transportation could occur from these locations and then proceed at
speeds and ranges similar to turboprops. Some 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.
---------------------------------------------------------------------------
\487\ 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 final rule is a step toward enabling the ecosystem for this
industry to develop. 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.
4. Costs Summary
While operators choosing to conduct operations with powered-lift
would incur costs to comply with regulations in this SFAR, these costs
would be on a scale 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 in
this rule would be no more burdensome than the costs incurred by
entities and individuals complying with analogous airplane and
rotorcraft regulations.
However, to address the significant operational differences between
each powered-lift, the FAA is amending regulations 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 establishes the appropriate level of safety. This ensures persons
receive adequate training and are tested on the unique design and
operating characteristics of each powered-lift flown. As a result,
airmen choosing to operate powered-lift and manufacturers providing
dual-control aircraft and full flight simulators for training will
incur incremental costs. Airmen will incur the incremental costs to
achieve a type rating for each powered-lift flown.
In the preliminary regulatory impact analysis for the SFAR, the FAA
solicited comments for data to update the final analysis. The FAA
received comments to the analysis including supporting data related to
costs. Consequently, the final regulatory impact analysis has been
revised to incorporate some of the information received during the
comment period. As a result, the number of individuals required to
operate the fleet of aircraft anticipated to enter the fleet over the
period of the SFAR has been adjusted upward. Additionally, the analysis
is updated to include a cost for the provision of dual-control aircraft
and full flight simulators for training, and a cost for decreased
battery life due to a minimum fuel reserve requirement.
The following table presents a summary of the primary estimates of
the monetized costs of this rule, as well as estimates for the
pessimistic and optimistic scenarios. The monetized costs include those
that would require individuals to hold an airman's certificate with a
type rating for the powered-lift flown, costs for the provision of
dual-control aircraft and full flight simulators for training, and
incremental costs for the minimum fuel reserve requirement. For the
primary estimate, over a 10-year period of analysis, this rule would
result in present value costs of about $914.2 million at a two percent
discount rate with annualized costs of about $101.8 million. At a three
percent present value discount rate, present value costs are about
$884.2 million with annualized costs of about $103.7million. At a seven
percent discount rate, the present value costs are about $779.2 million
with annualized costs of $110.9 million.\488\
---------------------------------------------------------------------------
\488\ The appendix to the RIA presents tables of monetized costs
on an annual basis for years 1-10, the time horizon for which costs
for the rule are estimated. Monetized costs for the rule stem from
the cadence of aircraft deliveries. In the optimistic scenario,
aircraft deliveries are forecast to begin in year 1 and continue
through year 10. Aircraft deliveries for the base scenario are
forecast to occur during years 2-10, and in the pessimistic scenario
during years 3-10. As a result, costs for the optimistic scenario
accumulate over a period of 10 years versus the base and pessimistic
scenarios, over which costs accumulate for a period of 9 years and 8
years, respectively.
[[Page 92476]]
Table 13--Monetized Costs of Final SFAR
[Millions $] *
------------------------------------------------------------------------
10-Year
Forecast scenario present value Annualized
(2%) (2%)
------------------------------------------------------------------------
Base--Primary Estimate.................. $914.2 $101.8
Pessimistic............................. 865.5 96.4
Optimistic.............................. 966.1 107.6
------------------------------------------------------------------------
* Table notes: Columns may not sum to total due to rounding. Discount
rates are provided per Office of Management and Budget (OMB) guidance.
Please see the regulatory impact analysis for this SFAR available
in the docket for more details.
B. 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 published an Initial Regulatory Flexibility Analysis (IRFA)
in the proposed rule to aid the public in commenting on the potential
impacts to small entities. The FAA considered the public comments in
developing the final rule and this Final Regulatory Flexibility
Analysis (FRFA). A FRFA must contain the following:
(1) A statement of the need for, and objectives of, the rule;
(2) A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments;
(3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
(4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available;
(5) 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;
(6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
1. A Statement of the Need for, and Objectives of, the Rule
This rule establishes 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 unique
design, flight, and handling characteristics with varying degrees of
automation. 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. Significant Issues Raised in Public Comments in Response to the
Initial Regulatory Flexibility Act
The FAA did not receive public comments in response to the Initial
Regulatory Flexibility Act for the proposed SFAR.
3. A Response to SBA Comments
The FAA did not receive comments from the SBA in response to the
Initial Regulatory Flexibility Act provided in the proposed SFAR.
4. Small Entities to Which the Rule Will Apply
The rule affects 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. Part
135 operators conduct on-demand operations, which may include a limited
number of scheduled operations, or commuter operations, and allows an
unlimited number of scheduled operations as well as on-demand
operations.\489\ 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.
---------------------------------------------------------------------------
\489\ 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
[[Page 92477]]
nonscheduled air transportation.'' Entities falling within this code
are identified as small if revenues are $22 million or less.\490\ At
the time of this 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.
---------------------------------------------------------------------------
\490\ 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.
5. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
Powered-lift manufacturers, air carriers, pilots, and instructors
have important roles in the development of this sector of the aviation
industry. 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
operating certificates, as well as the authority to examine and rate
civilian schools and prescribe regulations to ensure the competency of
instructors.
The reporting and recordkeeping requirements imposed by this SFAR
already exist for manufacturers and operators of airplanes and
rotorcraft. These requirements will now be applicable to like 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.\491\
---------------------------------------------------------------------------
\491\ 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 passenger-
carrying 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.
6. Significant Alternatives Considered
One alternative the FAA considered was to engage in a permanent
rulemaking to address the introduction of powered-lift in civilian
operations. However, to date, the FAA lacks sufficient information
regarding emerging operations to implement permanent regulations.
Instead, the FAA finds the use of a SFAR to be the most viable option.
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 was the number of years the SFAR
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 length of time it will take to
initiate operations after the adoption of this rule considering the
type certification status of the powered-lift that are commercially
viable. The FAA also considered ten years to be the appropriate length
of time to collect operational data necessary to complete a subsequent
rulemaking to implement permanent regulations.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final SFAR 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.
[[Page 92478]]
D. 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
in excess of the inflation-adjusted statutory threshold of $183 million
without the Federal Government having first provided the funds to pay
those costs. The FAA determined that this rule will not result in the
expenditure of $183 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
This action contains the following amendments to the existing
information collection requirements previously approved under OMB
Control Numbers 2120-0009, 2120-0021, 2120-0039, 2120-0600, 2120-0607,
and 2120-0663. In the Powered-lift NPRM, the FAA included the AQP
burden in a revision to information collection 2120-0039, Part 135--
Operating Requirements: Commuter and On-Demand Operations and Rules
Governing Persons on Board such Aircraft, and the FAA discussed the use
of AQP throughout the NPRM. However, in publishing the NPRM, the FAA
failed to include those revisions to information collection 2120-0701,
Advanced Qualification Program (AQP) Subpart Y to part 121. However,
given the extensive discussion of the use of AQP and the fact that the
burden had been discussed in the context of information collection
2120-0039, the FAA believes that the public had sufficient notice of
this burden revision, and therefore the FAA is revising the burden for
information collection 2120-0701 in this final rule. As required by the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has
submitted these information collection amendments to OMB for its
review.
1. Revision of Existing Information Collection 2120-0701: Advanced
Qualification Program (AQP) Subpart Y of 14 CFR 121
Abstract: Certificated air carriers, as well as training centers
they employ may voluntarily respond to this collection in order obtain
the benefit of a regulatory alternative for training, checking,
qualifying, and certifying crewmembers subject to the requirements of
parts 121 and 135. However, for those part 135 operators conducting
powered-lift operations with aircraft requiring two pilots by type
certification the information collection is mandatory.
Air carriers submit de-identified performance and proficiency data
that represents the results of an individual's ability to successfully
demonstrate the performance objectives of each curriculum. This
information is captured during validation and evaluation gates as a
crewmember progresses through an AQP curriculum. In general, the
information is used to provide an improved basis for curriculum
approval and monitoring, as well as agency decisions concerning air
carrier training regulation and policy. This collection has reporting
elements and is reported to the FAA monthly. The FAA has estimated the
increase in the existing burden for this collection based on one part
135 operator being required to adhere to an AQP curriculum.
------------------------------------------------------------------------
Total cost
Summary (annual) Reporting ($99.93/hour)
------------------------------------------------------------------------
# of Respondents........................ 1 ..............
# of Responses per respondent........... 12 ..............
Time per Response....................... 7 Hours ..............
-------------------------------
Total burden........................ 84 Hours $8,394
------------------------------------------------------------------------
2. Revision of Existing Information Collection 2120-0039: Operating
Requirements: Commuter and On-Demand Operation \492\
---------------------------------------------------------------------------
\492\ 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 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 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, record keeping 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 SFAR. Note that not all information collection
requirements have a burden increase as a result of revisions to this
information collection.
[[Page 92479]]
Table 14--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.......... 259 4 1,036 0.1 ....... ....... ....... ....... 103.6 2,539
Pilot flight & duty.... 259 200 51,800 0.1 ....... ....... ....... ....... 5,180 126,962
Load manifest.......... 292,273 1 292,273 0.1 ....... ....... ....... ....... 29,227 716,36
135.64........... Retention of contracts 6 13 78 ....... 0.5 ....... ....... ....... 39.0 1,514
and amendments written.
Retention of contracts 6 2 12 0.5 ....... ....... ....... ....... 6.0 147
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 passengers 292,273 1 292,273 ....... ....... ....... ....... 0.03 8,768.2 593,16
before flight.
135.179.......... Inoperable instruments 6 1 6 3.0 ....... 20.0 ....... ....... 138.0 5,996
and equipment.
135.227.......... Icing limitations...... 6 1 6 5.0 ....... 20.0 ....... ....... 150.0 6,290
135.325.......... Training program and 6 1 6 5.0 ....... 15.0 ....... ....... 120.0 4,901
revision.
135.415.......... Mechanical reliability 131 1 131 ....... ....... ....... 1.0 ....... 131.0 6,119
reports.
135.417.......... Mechanical interruption 6 12 72 ....... ....... ....... 1.0 ....... 72.0 3,363
summary report.
135.419.......... Approved aircraft 6 1 6 0.5 ....... ....... 1.0 ....... 9.0 354
inspection program.
135.431.......... Continuing analysis and 6 1 6 ....... ....... ....... 70.0 ....... 420.0 19,618
surveillance.
Incremental burden..... ........... ........... ........... ....... ....... ....... ....... ....... 44,531 1,497,27
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
3. Revision of Existing Information Collection 2120-0600: Training and
Qualification Requirements for Check Airmen and Flight Instructors
\493\
---------------------------------------------------------------------------
\493\ See footnote for Revision of Existing Information
Collection 2120-0039: Operating Requirements: Commuter and On-Demand
Operation.
---------------------------------------------------------------------------
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 SFAR for this recordkeeping requirement.
---------------------------------------------------------------------------
\494\ The current collection identifies 15,925 respondents
performing recordkeeping requirements. The 2021 Civil Airmen
Statistics (source: www.faa.gov/data_research/aviation_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 33
airmen).
Table 15--Three-Year Burden Estimate for Information Collection 2120-
0600 \494\ 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 92480]]
4. Revision of Existing Information Collection 2120-0663: Service
Difficulty Report \495\
---------------------------------------------------------------------------
\495\ See footnote for Revision of Existing Information
Collection 2120-0039: Operating Requirements: Commuter and On-Demand
Operation.
---------------------------------------------------------------------------
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 passenger-carrying 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.\496\ 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.
---------------------------------------------------------------------------
\496\ 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 SFAR.
---------------------------------------------------------------------------
\497\ 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 www.bls.gov/news.release/pdf/ecec.pdf by month).
Table 16--Three-Year Burden Estimate for Information Collection 2120-0663 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 Number of responses....................................... 4 .............. ..............
Total Burden (hours)............................................ 2.7 .............. ..............
Total Burden (cost) \497\....................................... $95.8 .............. ..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
5. Revision of Existing Information Collection 2120-0009: Application
for Pilot School Certification
Abstract: This information is reported and recorded by 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
for 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.
---------------------------------------------------------------------------
\498\ 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 17--Three-Year Burden Estimate for Information Collection 2120-0009 \498\ 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 Record-keeping.. 50 3 150 5,376
records.
---------------------------------------------------------------------------------
Total..................... ................ .............. .............. 287.3 10,297
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
6. 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
[[Page 92481]]
information collected becomes a part of the FAA's official records and
is only used by the FAA for certification, compliance, enforcement, and
for accidents, incidents, reports of noncompliance, safety programs, or
other circumstances requiring reference to records. The requirements of
part 61 include reporting and recordkeeping.
Table 18--Three-Year Burden Estimate for Information Collection 2120-0021 \499\ Airman Certificate and/or Rating
Application
----------------------------------------------------------------------------------------------------------------
Time per
Section response Responses Reporting Recordkeeping Total cost
(hours) (hours) (hours) (15.40/hr)
----------------------------------------------------------------------------------------------------------------
61.13........................... 0.10 171 17.1 .............. $263
61.39........................... 0.05 171 8.6 .............. 132
61.49........................... 0.05 1 0.1 .............. 1
61.51........................... 1.00 44 .............. 44.4 684
61.56(a)........................ 0.10 44 4.4 .............. 68
61.57........................... 0.10 171 .............. 17.1 263
61.87........................... 0.05 171 .............. 8.6 132
61.93........................... 0.10 171 .............. 17.1 263
61.185.......................... 0.10 29 .............. 2.9 44
61.189.......................... 1.00 29 .............. 28.8 443
61.197.......................... 0.10 29 2.9 .............. 44
-------------------------------------------------------------------------------
Totals...................... .............. 1,031 33 119 2,339
----------------------------------------------------------------------------------------------------------------
F. 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. As discussed
in the preamble of this SFAR, the FAA intends to follow ICAO standards
for powered-lift where practicable. However, the FAA's initial approach
has differences to the ICAO published Standards and Recommended
Practices, including the transitional measures outlined by ICAO in
Annex 1, Section 2.1.1.4. As documented throughout the preamble, the
SFAR provides an equivalent level of safety which meets or exceeds the
ICAO Standards. Any identified differences to current or future ICAO
standards will be documented and published in accordance with the FAA
ICAO Difference procedures.
---------------------------------------------------------------------------
\499\ 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
(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 (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.
---------------------------------------------------------------------------
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act (NEPA) in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
H. 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 regulations in
a manner affecting 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 final rule will 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.
I. Congressional Review Act
As required by 5 U.S.C. 801, FAA will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is a ``major rule'' as
defined by 5 U.S.C. 804(2).
XIX. Executive Order Determinations
A. Executive Order 14036, Promoting Competition in the United States
Economy
The FAA has analyzed this rule under the principles and criteria of
Executive Order 14036, Promoting Competition in the United States
Economy. The FAA finds that this action promotes competition by
enabling powered-lift to enter the market. The FAA anticipates that
powered-lift will 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 will
foster competition between powered-lift, airplanes, and helicopters
with respect to passenger-carrying operations and cargo operations,
which will benefit American travelers, consumers, and businesses. By
enabling the safe integration of powered-lift into the NAS, the rule
facilitates innovations that foster United States market leadership and
airspace access to promote competition and economic opportunity, while
also ensuring safety and safety oversight.
B. Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government. The FAA sought
comment on advancing equity and supporting underserved communities. A
number of comments related to such underserved communities benefiting
from AAM more broadly, with powered-lift being mentioned as potentially
providing
[[Page 92482]]
greater opportunities for air transportation to rural, remote, and
underserved communities. These commenters supported the integration of
powered-lift as they believe powered-lift would enhance connectivity,
increase the coverage of affordable and efficient transportation,
provide economic stimulation, and improve access to emergency services
for these communities and regions. Additionally, commenters supported
allowing military pilots to obtain a rating for a powered-lift they
have operated in the military. Commenters said this provision will
support diversity in the workforce and increase the share of powered-
lift operations to which the civilian market has access. Consistent
with Executive Order 13985, the FAA has analyzed this 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 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.
C. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, will not have federalism
implications.
D. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\500\ and FAA Order
1210.20, American Indian and Alaska Native Tribal Consultation Policy
and Procedures,\501\ 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
have substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes; or to affect uniquely or significantly
their respective Tribes. The FAA has not identified any unique or
significant effects, environmental or otherwise, on Tribes resulting
from this final rule.
---------------------------------------------------------------------------
\500\ 65 FR 67249 (Nov. 6, 2000).
\501\ FAA Order No. 1210.20 (Jan. 28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
E. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FAA has determined that it is not a
``significant energy action'' under the executive order and is not
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
Executive Order 13609 and has determined that this action would have no
effect on international regulatory cooperation.
XX. Additional Information
A. Electronic Access and Filing
A copy of the NPRM, all comments received, this final rule, and all
background material may be viewed online at www.regulations.gov using
the docket number listed above. A copy of this final 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
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at the FAA's Regulations
and Policies website at 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 final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. 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
www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 11
Administrative practice and procedure, Reporting and recordkeeping
requirements.
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 taxi, Air traffic control, Air
transportation, 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
transportation, Air taxi, Aircraft, Airmen, Alcohol abuse, Aviation
safety, Charter flights, Drug abuse, Reporting and recordkeeping
requirements.
14 CFR Part 135
Air carriers, Air taxi, Air transportation, Aircraft, Airmen,
[[Page 92483]]
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 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 Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration amends 14 CFR 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), 40113, 44701.
0
2. Amend Sec. 1.1 by revising the introductory text and the definition
of ``Autorotation'' to read as follows:
Sec. 1.1 General definitions.
As used in this chapter, unless the context requires otherwise:
* * * * *
Autorotation means a rotorcraft or powered-lift flight condition in
which the lifting rotor is driven entirely by action of the air when
the rotorcraft or powered-lift is in motion.
* * * * *
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 11--GENERAL RULEMAKING PROCEDURES
0
5. The authority citation for part 11 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-50923.
0
6. In Sec. 11.201 amend the table in paragraph (b) by adding the entry
``Part 194'' in numerical order to read as follows:
Sec. 11.201 Office of Management and Budget (OMB) control numbers
assigned under the Paperwork Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
14 CFR part or section identified and
described Current OMB control No.
------------------------------------------------------------------------
* * * * * * *
Part 194............................... 2120-0009, 2120-0021, 2120-
0039, 2120-0600, 2120-0607,
2120-0663, 2120-0701.
* * * * * * *
------------------------------------------------------------------------
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
0
7. 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
8. Amend Sec. 43.1 by adding paragraph (e) to read as follows:
Sec. 43.1 Applicability.
* * * * *
(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
9. 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
10. 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
11. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 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).
PART 61 [AMENDED]
0
12. In part 61, revise all references to ``cross-country flight time''
to read ``cross-country time''.
0
13. Amend Sec. 61.1 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b) in the definition of ``Cross-country time'',
revising paragraph (i) introductory text.
The revisions read 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.
[[Page 92484]]
(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
14. 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
15. 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
16. 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 revisions 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 pilot to hold category and
class ratings for an aircraft that is not identified by category or
class under Sec. 61.5(b).
* * * * *
0
17. 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
18. 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 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.
0
19. Amend Sec. 61.45 by revising paragraphs (a)(1)(i) and (a)(2)(ii)
to read as follows:
Sec. 61.45 Practical tests: Required aircraft and equipment.
(a) * * *
(1) * * *
(i) Is of the category, class, and type (if a class or type rating
is required) for which the applicant is applying for a certificate or
rating; and
* * * * *
(2) * * *
(ii) An aircraft of the same category, class, and type (if a class
or type rating is required) of foreign registry that is properly
certificated by the country of registry; or
* * * * *
0
20. 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
21. 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 flight) 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
22. Amend Sec. 61.55 by revising paragraph (a) to read as follows:
[[Page 92485]]
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 of this chapter.
* * * * *
0
23. 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
24. Amend Sec. 61.63 by removing and reserving paragraph (h).
0
25. 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; 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 (if a class rating is required), 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
26. 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
27. 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
28. Amend Sec. 61.165 by removing paragraph (g).
0
29. Amend Sec. 61.167 by revising the introductory text of paragraph
(a)(2) to read as follows:
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,
61.161, or 61.163, and the age requirements of Sec. 61.153(a)(1) may
instruct--
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
30. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 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
31. 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.
0
32. Amend Sec. 91.113 by revising paragraph (d) to read as follows:
Sec. 91.113 Right-of-way rules: Except water operations.
* * * * *
(d) Converging. 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. If the aircraft are
of different categories--
[[Page 92486]]
(1) A balloon has the right-of-way over any other category of
aircraft;
(2) A glider has the right-of-way over an airship, powered
parachute, weight-shift-control aircraft, airplane, powered-lift, or
rotorcraft.
(3) An airship has the right-of-way over a powered parachute,
weight-shift-control aircraft, airplane, powered-lift, or rotorcraft.
(4) An aircraft towing or refueling other aircraft has the right-
of-way over all other engine-driven aircraft.
* * * * *
Sec. 91.205 [Amended]
0
33. Amend Sec. 91.205 in the section headings and paragraph (a) by
removing the phrase ``standard category'' and adding in its place the
word ``standard''.
0
34. 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
35. 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
36. 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
37. 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
38. 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
39. 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
40. 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
41. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 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
42. 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
43. 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 the purposes of this section, taxi is defined as movement
of an aircraft under its own power on the surface of an airport and
includes hover taxi which is movement of a helicopter or any vertical
takeoff and landing aircraft conducted above the surface and in ground
effect at airspeeds less than approximately 20 knots, and air taxi
which is movement of a helicopter or any vertical takeoff and landing
aircraft conducted above the surface but normally not above 100 feet
AGL.
0
44. 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.
* * * * *
Sec. 135.165 [Amended]
0
45. Amend Sec. 135.165 by removing the reference ``part 119'' in the
introductory text of paragraph (d) and adding in its place the
reference ``part 110''.
0
46. 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
47. Amend Sec. 135.243 by revising and republishing paragraphs (a)
through (c) to read as follows:
Sec. 135.243 Pilot in command qualifications.
(a) No certificate holder may use a person, nor may any person
serve, as pilot in command in passenger-carrying operations-
(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 class ratings and, if
required, an appropriate type rating for that airplane.
(2) Of a helicopter in a scheduled interstate air transportation
operation by an air carrier within the 48 contiguous states unless that
person holds an airline transport pilot certificate, appropriate type
ratings, and an instrument rating.
(3) Of a turbojet-powered powered-lift, of a powered-lift having a
[[Page 92487]]
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) Except as provided in paragraph (a) of this section, no
certificate holder may use a person, nor may any person serve, as pilot
in command of an aircraft under VFR unless that person-
(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
(2) Has had at least 500 hours' time as a pilot, including at least
100 hours of cross-country flight time, at least 25 hours of which were
at night; and
(3) For an airplane, holds an instrument rating or an airline
transport pilot certificate with an airplane category rating; or
(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) Except as provided in paragraph (a) of this section, no
certificate holder may use a person, nor may any person serve, as pilot
in command of an aircraft under IFR unless that person-
(1) Holds at least a commercial pilot certificate with appropriate
category and class ratings, and if required, an appropriate type rating
for that aircraft (the type rating for powered-lift may not be limited
to VFR); and
(2) Has had at least 1,200 hours of flight time as a pilot,
including 500 hours of cross country flight time, 100 hours of night
flight time, and 75 hours of actual or simulated instrument time at
least 50 hours of which were in actual flight; and
(3) For an airplane, holds an instrument rating or an airline
transport pilot certificate with an airplane category rating; or
(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
48. Amend Sec. 135.244 by removing the reference ``part 119'' in the
introductory text of paragraph (a) and adding in its place the
reference ``part 110''.
0
49. 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
50. 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
51. 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.
[[Page 92488]]
(ii) On and after July 21, 2025, 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
52. Effective July 21, 2025, 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) * * *
(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.
0
53. Amend Sec. 135.339 by revising paragraphs (e)(3) and (4) to read
as follows:
Sec. 135.339 Initial and transition training and checking: Check
airmen (aircraft), check airmen (simulator).
* * * * *
(e) * * *
(3) Training and practice in conducting flight checks from the left
and right pilot seats, or in the case of powered-lift with one pilot
seat from that seat as well as providing training and instruction from
an observation seat, in the required normal, abnormal, and emergency
procedures to ensure competence to conduct the pilot flight checks
required by this part; and
(4) The safety measures to be taken from either pilot seat, or in
the case of powered-lift with one pilot seat from that seat as well as
providing training and instruction from an observation seat, for
emergency situations that are likely to develop during checking.
* * * * *
0
54. Amend Sec. 135.340 by revising paragraphs (e)(3) and (4) to read
as follows:
Sec. 135.340 Initial and transition training and checking: Flight
instructors (aircraft), flight instructors (simulator).
* * * * *
(e) * * *
(3) Training and practice from the left and right pilot seats, or
in the case of powered-lift with one pilot seat from that seat as well
as providing training and instruction from an observation seat, in the
required normal, abnormal, and emergency maneuvers to ensure competence
to conduct the flight instruction required by this part; and
(4) The safety measures to be taken from either the left or right
pilot seat, or in the case of powered-lift with one pilot seat from
that seat as well as providing training and instruction from an
observation seat, for emergency situations that are likely to develop
during instruction.
* * * * *
PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR
MANAGEMENT
0
55. The authority citation for part 136 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
0
56. 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.
0
57. Amend Sec. 136.75 by revising paragraph (a) introductory text to
read as follows:
Sec. 136.75 Equipment and requirements.
(a) Flotation equipment. No person may conduct an air tour in
Hawaii in a single-engine rotorcraft beyond the shore of any island,
regardless of whether the rotorcraft is within gliding distance of the
shore, unless:
* * * * *
PART 141--PILOT SCHOOLS
0
58. The authority citation for part 141 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709,
44711, 45102-45103, 45301-45302.
0
59. 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.
0
60. Amend Sec. 141.37 by revising paragraph (a)(3)(ii) to read as
follows:
Sec. 141.37 Check Instructor Qualifications.
* * * * *
(a) * * *
(3) * * *
(ii) Except for a course of training for a lighter-than-air rating,
hold either a current flight instructor certificate with the
appropriate category and class of aircraft, or ground instructor
certificate with appropriate ratings, to be used in the course of
training; and
* * * * *
PART 142--TRAINING CENTERS
0
61. 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
62. 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
63. 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
64. Amend Sec. 142.47 by revising paragraphs (a)(5) and (c)(2)(ii) to
read as follows:
Sec. 142.47 Training center instructor eligibility requirements.
(a) * * *
(5) Meets at least one of the requirements in paragraphs (a)(5)(i)
through (iv) of this section:
(i) Except as allowed by paragraph (a)(5)(ii) of this section,
meets the aeronautical experience requirements of Sec. 61.129(a), (b),
(c), or (e) of this chapter, as applicable, excluding the required
hours of instruction in preparation for the commercial pilot practical
test, or holds a commercial pilot certificate with the appropriate
ratings;
(ii) Meets the aeronautical experience requirements of Sec.
61.159, Sec. 61.161, or Sec. 61.163 of this chapter, as applicable,
or holds an unrestricted airline transport pilot certificate with the
appropriate ratings, if instructing:
[[Page 92489]]
(A) In a flight simulation training device that represents an
airplane or rotorcraft requiring a type rating, a powered-lift over
12,500 pounds, or a turbojet powered powered-lift, except as provided
in paragraph (a)(5)(iv) of this section, or
(B) In a curriculum leading to the issuance of an airline transport
pilot certificate or an added rating to an airline transport pilot
certificate.
(iii) Is employed as a flight simulator instructor or a flight
training device instructor for a training center providing instruction
and testing to meet the requirements of part 61 of this chapter on
August 1, 1996.
(iv) A person employed as an instructor and providing training in
an FSTD that represents a rotorcraft requiring a type rating is not
required to meet the aeronautical experience requirements of paragraph
(a)(5)(ii) of this section and may instead meet the experience
requirements of paragraph (a)(i) of this section if:
(A) The person meets the experience requirements of paragraph
(a)(5)(i) of this section;
(B) The person is not providing training in a curriculum leading to
the issuance of an airline transport pilot certificate or an added
rating to an airline transport pilot certificate, and
(C) The person was employed and met the remaining requirements of
this section on March 21, 2025.
* * * * *
(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
65. 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
66. Amend Sec. 142.57(c) by removing the word ``Airplanes'' and adding
in its place the word ``Aircraft''.
0
67. 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.
194.216 Alternate aeronautical experience: Pilot-in-command flight
time in a powered-lift for a commercial pilot certificate with a
powered-lift category rating
194.217 Test pilots, FAA test pilots, or aviation safety inspectors:
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, FAA test pilots, or aviation safety inspectors:
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.
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 under part 135 of this chapter.
194.245 Pilot qualification and program management requirements to
operate powered-lift under subpart K to 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.
194.253 Alternate requirements for powered-lift without fully
functional dual controls used in flight training.
194.255 Alternate requirements for powered-lift without fully
functioning dual controls used in supervised operating experience
when adding a type rating.
Subpart C--Requirements for Persons Operating Powered-Lift
194.301 Applicability.
194.302 Provisions under part 91 of this chapter applicable to
powered-lift.
194.303 IFR takeoff, approach, and landing minimums.
194.304 ATC transponder and altitude reporting equipment and use.
194.305 Applicability of copter procedures under part 97 of this
chapter to powered-lift.
194.306 Provisions under part 135 of this chapter applicable to
powered-lift.
194.307 Applicability of rules for eligible on-demand operations.
[[Page 92490]]
194.308 Applicability of national air tour safety standards under
part 136 of this chapter to powered-lift.
194.309 Applicability of flight instruction; Simulated instrument
flight.
194.310 Powered-lift in vertical-lift flight mode, flight recorder
specifications under part 91 of this chapter.
194.311 Powered-lift in wing-borne flight mode, flight recorder
specifications under part 91 of this chapter.
194.312 Powered-lift in vertical-lift flight mode, flight recorder
specifications under part 135 of this chapter.
194.313 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.
Appendix A to Part 194. Minimum requirements for a pilot training
program in a powered-lift originally type certificated or seeking
type certification with one set of controls and a single pilot
station.
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 40113, 44701-
44705, 44707, 44712, 44713, 44715, 44716, and 44722; Sec. 955 of
Pub. L. 118-63.
Subpart A--General
Sec. 194.101 Applicability.
(a) The Special Federal Aviation Regulation (SFAR) in this part
prescribes:
(1) Certain requirements 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:
Aviation Safety Inspector means a pilot employed by the FAA to
conduct operations of a powered-lift for the purpose of establishing a
type rating in that particular powered-lift under part 21 of this
chapter, as appropriate.
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.
FAA test pilot means a pilot employed by the FAA to conduct
operations of a powered-lift for the purpose of FAA examination or
inspection of a type design for which an application for type
certification has been submitted under part 21 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.
Vertical-lift flight mode means a mode of flight where a powered-
lift:
(1) Is in a configuration that allows vertical takeoff, vertical
landing, and low-speed flight; and
(2) Depends principally on engine-driven lift devices or engine
thrust for lift.
Wing-borne flight mode means a mode of flight where a powered-lift
is not operating in the vertical-lift flight mode as defined and
depends exclusively or partially on nonrotating airfoil(s) for lift
during takeoff, landing, or horizontal flight.
Sec. 194.105 Qualification of powered-lift FSTDs.
(a) 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 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.
(b) Proposed qualification performance standards as set forth by
paragraph (a) of this section will be published in the Federal Register
for comment, except when the FAA considers public notice to be
unnecessary because previous opportunities to comment on substantially
identical proposed qualification performance standards have been
provided. In these instances, FAA will provide personal notice and
opportunity for comment.
Sec. 194.107 Expiration.
This part, consisting of Special Federal Aviation Regulation (SFAR)
No. 120, will remain in effect until January 21, 2035.
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, 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;
194.306.
[[Page 92491]]
(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; website: www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link ``Search
Technical Standard Orders'').
(1) TSO-C194, Technical Standard Order: Helicopter Terrain
Awareness and Warning System, effective Dec. 17, 2008; into Sec. Sec.
194.302; 194.306.
(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;
(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; or
(3) An FAA test pilot or aviation safety inspector.
(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).
(c) An applicant receiving flight training under Sec. 194.221,
Sec. 194.223, Sec. 194.229, or Sec. 194.231 may serve as second-in-
command in a powered-lift type certificated for more than one required
pilot flight crewmember without meeting the requirements of Sec.
61.55(a)(1), (a)(2), and (b)(2) of this chapter.
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 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.''
[[Page 92492]]
(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 of this chapter 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 or instructor pilot for the manufacturer seeking
type certification of an experimental powered-lift;
(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
(iii) An FAA test pilot or aviation safety inspector; 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. 194.216
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. 194.216 Alternate aeronautical experience: Pilot-in-command
flight time in a powered-lift for a commercial pilot certificate with a
powered-lift category rating.
(a) Pilot-in-command flight time in a powered-lift. Notwithstanding
the eligibility requirement specified in Sec. 61.123(f) of this
chapter, an applicant for a commercial pilot certificate with a
powered-lift category rating under Sec. 194.217, Sec. 194.219, Sec.
194.221, or Sec. 194.223 may log 35 hours of pilot-in-command flight
time in a powered-lift in lieu of the aeronautical experience
requirement of Sec. 61.129(e)(2)(i) of this chapter.
(b) 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 35 hours of pilot-in-command flight time requirement in paragraph
(a) of this section, 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:
(i) For test pilots, instructor pilots, FAA test pilots, or FAA
aviation safety inspectors under Sec. 194.217 or Sec. 194.219, as
applicable, the manufacturer's proposed training curriculum;
(ii) For the initial cadre of instructors under Sec. 194.221, the
manufacturer's training curriculum; or
(iii) For pilots under Sec. 194.223, an approved training program
under part 135, 141, or 142 of this chapter.
[[Page 92493]]
Sec. 194.217 Test pilots, FAA test pilots, or aviation safety
inspectors: 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, an FAA test pilot, or
an aviation safety inspector 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;
(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, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation safety inspector
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) A test pilot, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation safety inspector 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. Sec. 61.129(e)(2), and (e)(2)(ii) of this
chapter and 194.216(a))--
(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) 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, FAA test pilot, or aviation safety inspector 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. Sec. 61.129(e)(2)(ii) and
194.216(a) 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, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation safety
inspector 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. Sec. 61.129(e)(2), and (e)(2)(ii) of this chapter and
194.216(a))--
(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;
(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; or
(iii) An FAA test pilot or aviation safety inspector.
(4) An instructor pilot may satisfy the alternate requirements in
Sec. 194.233 in lieu of the cross-country aeronautical experience
requirements specified in
[[Page 92494]]
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. Sec. 61.129(e)(2)(ii) of
this chapter and 194.216(a) 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 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) and
(e)(2)(ii) of this chapter and 194.216(a)).
(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 25 hours of pilot-in-command flight time for the purpose of
satisfying the aeronautical experience requirements in Sec. Sec.
61.129(e)(2)(ii) of this chapter and 194.216(a) 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 rating.
(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 25 hours of pilot-in-command time towards the aeronautical
experience requirement in Sec. 194.216(a) 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.
Sec. 194.225 Test pilots, FAA test pilots, and aviation safety
inspectors: 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, an FAA test pilot, or aviation safety inspector 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,
FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation
safety inspector 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
[[Page 92495]]
proposed training curriculum in the experimental powered-lift; and
(ii) The test pilot, FAA test pilot, or aviation safety inspector
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, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or aviation safety inspector 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, FAA test pilot, or
aviation safety inspector--
(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, FAA test pilot, or aviation safety inspector 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, FAA
test pilot, or aviation safety inspector 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--
(1) The test pilot, FAA test pilot, or aviation safety inspector 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 to a test pilot, FAA test pilot, or aviation safety
inspector 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--
[[Page 92496]]
(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.
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
[[Page 92497]]
(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.
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 or an airline transport
pilot certificate with instrument privileges.
(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 with
a powered-lift category rating or a ground instructor rating
appropriate for the course.
Sec. 194.243 Pilot certification through completion of training,
testing, and checking under part 135 of this chapter.
(a) Part 135 airman certification training program. (1) Subject to
the requirements in subpart H to part 135 of this chapter, 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. 61.65 of this chapter and Sec. 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
[[Page 92498]]
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 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.
(4) An applicant who fails a check under paragraph (b)(1) of this
section may reapply for the check only after the applicant has
received:
(i) The necessary training from an authorized instructor or
instructor pilot who has determined that the applicant is proficient to
pass the test; and
(ii) An endorsement from an authorized instructor or instructor
pilot who gave the applicant the additional training.
(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 to part 91 of this chapter.
(a) Section 91.1055(a) of this chapter applies to powered-lift
operating under subpart K to 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 to 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 for which two pilots are required by the type certificate must:
(1) Comply with subpart Y to part 121 of this chapter instead of
the requirements of subparts G and H to 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 training 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).
[[Page 92499]]
Sec. 194.253 Alternate requirements for powered-lift without fully
functional dual controls used in flight training.
(a) Powered-lift equipped with an instantly accessible single,
functioning control. (1) A person may utilize the alternate requirement
provided in paragraph (a)(2) of this section only if the applicant
holds at least the certificates and ratings set forth by Sec.
194.215(a) and instruction is provided by:
(i) An instructor pilot for the manufacturer of the powered-lift
under the manufacturer's proposed training curriculum, or
(ii) A flight instructor under an approved training curriculum
under part 135, 141, or 142 of this chapter, as applicable.
(2) Notwithstanding the requirements of Sec. Sec. 61.195(g) and
91.109(a) of this chapter, a person may operate a powered-lift that is
being used for flight training without fully functioning dual controls
provided--
(i) The powered-lift is equipped with a single functioning flight
control that is instantly accessible by both the applicant and the
instructor;
(ii) The single functioning flight control meets the certification
standards for both pilot stations; and
(iii) The instructor has determined that the flight can be
conducted safely.
(b) Full flight simulator training for powered-lift with single
functioning controls and a single pilot station. A person may apply for
a powered-lift category rating, an instrument-powered-lift rating, and
a powered-lift type rating concurrently for a powered-lift with single
controls and a single pilot station under an approved part 135, 141, or
142 training program by meeting the requirements set forth in appendix
A to this part.
(c) Deviation authority. Notwithstanding the requirements of
Sec. Sec. 61.195(g) and 91.109 of this chapter, the Administrator may
authorize a deviation to operate a powered-lift that is being used for
flight training in an approved training program under part 135, 141, or
142 without fully functioning dual controls provided:
(1) The certificate holder demonstrates in a form and manner
acceptable to the Administrator that--
(i) The person providing the flight training and the PIC observing
any applicable supervised operating experience can take immediate
corrective action and full control of the powered-lift;
(ii) The flight training and any applicable supervised operating
experience can be effectively conducted in the powered-lift; and
(2) The Administrator determines that the alternate flight training
and applicable supervised operating experience set forth by paragraph
(c)(1) of this section will not adversely affect safety.
(3) The FAA may cancel or amend a letter of deviation authority at
any time if the Administrator determines that the requirements of this
section are not met or if such action is necessary in the interest of
safety.
Sec. 194.255 Alternate requirements for powered-lift without fully
functioning dual controls used in supervised operating experience when
adding a type rating.
(a) Notwithstanding Sec. 61.64(f) of this chapter, a person who
holds a powered-lift category, instrument-powered-lift rating, and
powered-lift type rating and seeks an additional type rating for a
powered-lift with a single functioning control and a single pilot
station in accordance with Sec. Sec. 61.63(d) and 61.64(a) of this
chapter, and does not meet requirements of Sec. 61.64(e), will receive
a limitation on the certificate restricting the person operating the
powered-lift type from carrying any person or property on the aircraft,
other than necessary for the purpose of paragraph (b) of this section.
(b) The limitation described in paragraph (a) of this section may
be removed from the rating if the person complies with the following:
(1) Performs 25 hours of flight time in the type of powered-lift
for which the limitation applies under the observation of a fully rated
pilot without limitations for the aircraft, maintaining full
communication with the observing pilot,
(2) Logs each flight and the observing pilot attests in writing to
each flight, and
(3) Presents evidence of the supervised operating experience to any
examiner or Flight Standards office to have the limitation removed.
(c) The observing pilot must have unobstructed visual sight of the
controls and instrumentation.
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.
In addition, any sections or paragraphs within sections under parts 91
and 135 that refer to specific categories of aircraft and that are not
referenced in the SFAR table to Sec. 194.302 or Sec. 194.306, do not
apply to powered-lift.
Sec. 194.302 Provisions under part 91 of this chapter applicable to
powered-lift.
No person may operate a powered-lift under part 91 of this chapter
unless that person complies with the regulations listed in the first
column of table 1 to this section, notwithstanding their applicability
to airplanes, helicopters, or rotorcraft, subject to the applicability
provisions in the second column, and any additional requirements or
clarification specified in the third column:
Table 1 to Sec. 194.302
------------------------------------------------------------------------
Additional
Regulation Applicability requirements or
clarification
------------------------------------------------------------------------
Part 91, Subpart A--General
------------------------------------------------------------------------
(a) Section 91.9 (a) and (b) Applies to all The requirement for
of this chapter. powered-lift. an approved
Aircraft Flight
Manual is set forth
in the
airworthiness
criteria
established under
Sec. 21.17(b) of
this chapter.
------------------------------------------------------------------------
Part 91, Subpart B--Flight Rules
------------------------------------------------------------------------
(b) Section 91.103(b)(1) of Applies to powered- ....................
this chapter. 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) of this powered-lift. Sec. 91.107(a)(3)
chapter. of this chapter 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 92500]]
(d) Section 91.119(d) of Applies to powered- Under Sec.
this chapter. lift operating in 91.119(d) of this
vertical-lift chapter, a powered-
flight mode. lift may be
operated in
vertical-lift
flight mode at less
than the minimums
prescribed in Sec.
91.119(b) or (c)
of this chapter,
provided each
person operating
the powered-lift
complies with any
routes or altitudes
specifically
prescribed for
powered-lift by the
FAA.
(e) Section 91.126(b)(1) of Applies to powered- If the powered-lift
this chapter. lift operating in is operating in
wing-borne flight vertical-lift
mode. flight mode, see
paragraph (f) of
this section.
(f) Section 91.126(b)(2) of Applies to powered- If the powered-lift
this chapter. lift operating in is operating in
vertical-lift wing-borne flight
flight mode. mode, see paragraph
(e) of this
section.
(g) Section 91.129(e)(1) and Applies to large or ....................
(2), (g)(2), and (h) of turbine-powered
this chapter. powered-lift.
(h) Section 91.129(e)(3) of Applies to powered- ....................
this chapter. lift preparing to
land in wing-borne
flight mode.
(i) Section 91.129(f)(1) of Applies to powered- (1) If the powered-
this chapter. lift operating in lift is operating
wing-borne flight in vertical-lift
mode. flight mode, see
paragraph (j) of
this section.
(2) Section
91.129(f)(1) of
this chapter 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).
(j) Section 91.129(f)(2) of Applies to powered- (1) If the powered-
this chapter. lift operating in lift is operating
vertical-lift in wing-borne
flight mode. flight mode, see
paragraph (i) of
this section.
(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.
(k) Section 91.131(a)(2) of Applies to large
this chapter. powered-lift.
(l) Section 91.151(a) and Applies to powered- (1) A powered-lift
(b) of this chapter. lift. with the
performance
capability, as
outlined in the
Aircraft Flight
Manual, to conduct
a landing in the
vertical-lift
flight mode along
the entire route of
flight may use the
VFR fuel
requirements
outlined in Sec.
91.151(b) of this
chapter.
(2) Powered-lift
unable to meet the
requirements of
paragraph (l)(1) of
this section must
use the rule
requirements
outlined in Sec.
91.151(a) of this
chapter.
(m) Section 91.155(a) of The helicopter (1) Except as
this chapter. provision under provided in Sec.
Sec. 91.155(a) of 91.155(b) of this
this chapter chapter, powered-
applies to powered- lift that meet the
lift operating in requirements of
vertical-lift paragraph (m) of
flight mode and at this section may
a speed that allows operate under the
the pilot to see helicopter VFR
any other traffic visibility minimums
or obstructions in outlined under Sec.
time to avoid a 91.155(a) of this
collision. chapter in class G
airspace.
(2) Powered-lift
unable to meet the
requirements of
paragraph (m) of
this section must
use the VFR
visibility minimums
in Sec. 91.155(a)
of this chapter for
aircraft other than
helicopters.
(n) Section 91.155(b)(1) of Applies to powered- (1) Powered-lift
this chapter. lift operating in that meet the
the vertical-lift requirements of
flight mode and at paragraph (n) of
a speed that allows this section may
the pilot to see use the VFR
any other traffic visibility minimums
or obstructions in outlined in Sec.
time to avoid a 91.155(b)(1) of
collision. this chapter in
Class G airspace.
(2) Powered-lift
unable to meet the
requirements of
paragraph (n) of
this section must
use the visibility
minimums outlined
in Sec.
91.155(b)(2) of
this chapter.
(o) Section 91.155(b)(2) of Applies to powered- Powered-lift
this chapter. lift. operating in Class
G airspace that
cannot meet the
requirements of
paragraph (n) of
this section must
use the VFR
visibility minimums
outlined under Sec.
91.155(b)(2) of
this chapter.
(p) Section 91.157(b)(3), The helicopter ....................
(b)(4), and (c) of this exceptions outlined
chapter. in Sec.
91.157(b)(3),
(b)(4), and (c) of
this chapter apply
to powered-lift
operating in
vertical-lift
flight mode when
those aircraft are
operated at a speed
that allows the
pilot to see any
other traffic or
obstructions in
time to avoid a
collision.
(q) Section 91.167(a)(3) and The helicopter (1) Powered-lift
(b)(2)(ii) of this chapter. provisions in Sec. that meet the
91.167(a)(3) and requirements of
(b)(2)(ii) of this paragraph (q) of
chapter apply to this section may
powered-lift use the helicopter
authorized to provisions under
conduct copter Sec. 91.167(a)(3)
procedures and that and (b)(2)(ii) of
have the this chapter.
performance (2) Powered-lift
capability for the that are unable to
entire flight to meet the
conduct a landing requirements
in the vertical- outlined in
lift flight mode, paragraph (q) of
as outlined in the this section must
Aircraft Flight use the 45-minute
Manual. fuel requirement
outlined in Sec.
91.167(a)(3) of
this chapter and
the aircraft
requirement
outlined in Sec.
91.167(b)(2)(i) of
this chapter.
(r) Section 91.169(b)(2)(ii) Applies to powered- (1) Powered-lift
and (c)(1)(ii) of this lift authorized to that meet the
chapter. conduct copter requirements of
procedures and that paragraph (r) of
have the this section may
performance use the helicopter
capability to land provisions
in the vertical- specified in Sec.
lift flight mode, 91.169(b)(2)(ii)
as outlined in the and (c)(1)(ii) of
Aircraft Flight this chapter.
Manual. (2) Powered-lift
that are unable to
meet the
requirements
outlined in
paragraph (r) of
this section must
use the
requirements for
aircraft other than
helicopters under
Sec.
91.169(b)(2)(i) and
(c)(1)(i) of this
chapter.
(s) Section Applies to powered- Powered-lift with
91.175(f)(2)(iii) of this lift with two two engines or less
chapter. engines or less, that are unable to
that takeoff in meet the
vertical-lift requirements
flight mode, and outlined in this
that are authorized paragraph (s) must
to conduct copter comply with Sec.
procedures. 91.175(f)(2)(i) of
this chapter.
(t) Section 91.175(f)(4)(i) Applies to part 135 ....................
of this chapter. of this chapter
powered-lift
operators required
to comply with
subpart I to part
135 of this chapter.
------------------------------------------------------------------------
Part 91, Subpart C--Equipment, Instrument, and Certificate Requirements
------------------------------------------------------------------------
(u) Section 91.205(b)(11) Applies to small Position and anti-
and (14) of this chapter. powered-lift. collision lights
must meet Sec.
23.2530(b) of this
chapter.
[[Page 92501]]
(v) Section 91.205(d)(3)(i) Applies to powered-
of this chapter. lift certified for
instrument flight
rules operations.
(w) Section 91.207 of this Applies to all
chapter. powered-lift.
(x) Section 91.219 of this Applies to all
chapter. powered-lift.
(y) Section 91.223(a) and Applies to powered- Instead of terrain
(c) of this chapter. 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
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.
------------------------------------------------------------------------
Part 91, Subpart D--Special Flight Operations
------------------------------------------------------------------------
(z) Section 91.313(g) of Applies to
this chapter. restricted category
small powered-lift.
------------------------------------------------------------------------
Part 91, Subpart E--Maintenance, Preventive Maintenance, and Alterations
------------------------------------------------------------------------
(aa) Section 91.409(e) Applies to (1) Unless otherwise
through (h) of this chapter. 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
(aa)(1)(i) and (ii)
of this section
must be
continuously
visible.
(bb) Section 91.411 of this Applies to all
chapter. powered-lift.
------------------------------------------------------------------------
Part 91, Subpart F--Large and Turbine-Powered Multiengine Airplanes and
Fractional Ownership Program Aircraft
------------------------------------------------------------------------
(cc) Section 91.501 of this Applies to large Any sections or
chapter. powered-lift paragraphs within
regardless of sections to subpart
powerplant, as well F to part 91 of
as powered-lift this chapter that
operating under refer to a specific
subpart K to part category of
91 of this chapter, aircraft and that
and subject to any are not referenced
limitations in this table or
outlined in this the table to Sec.
part. 194.306, do not
apply to powered-
lift.
(dd) Section 91.503 of this Applies to powered- Powered-lift may
chapter. lift subject to the comply with Sec.
requirements of 91.503(a)(5) of
subpart F to part this chapter by
91 of this chapter having the
as specified in appropriate engine
paragraph (cc) of or multiple-engines
this section. inoperative climb
performance data
available at the
pilot station of
the aircraft.
(ee) Section 91.505 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(ff) Section 91.507 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(gg) Section 91.509 of this Applies to powered- (1) Powered-lift
chapter. lift subject to the operating over
requirements of water under Sec.
subpart F to part 91.509(a) or (b) of
91 of this chapter this chapter may
as specified in use either the
paragraph (cc) of nearest shore or
this section. 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) of
this chapter 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.
(hh) Section 91.511 of this Applies to powered- Powered-lift
chapter. lift subject to the operating over
requirements of water under Sec.
subpart F to part 91.511(a) of this
91 of this chapter chapter may use
as specified in either the nearest
paragraph (cc) of shore or the
this section. nearest off-shore
heliport structure
by which to measure
the nautical mile
limits provided in
Sec. 91.511(a).
(ii) Section 91.513 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(jj) Section 91.515 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(kk) Section 91.517 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
[[Page 92502]]
(ll) Section 91.519 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(mm) Section 91.521 of this Applies to large The safety belt and
chapter. powered-lift shoulder harness
subject to the required by Sec.
requirements of 91.521 of this
subpart F to part chapter must comply
91 of this chapter with Sec. 25.785
as specified in of this chapter or
paragraph (cc) of such airworthiness
this section. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(nn) Section 91.523 of this Applies to powered- The carry-on baggage
chapter. lift having a required by Sec.
seating capacity of 91.523 of this
more than 19 chapter must be
passengers subject stowed such that it
to the requirements can withstand the
of subpart F to inertia forces
part 91 of this specified in Sec.
chapter as 25.561(b)(3) of
specified in this chapter or
paragraph (cc) of such airworthiness
this section. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(oo) Section 91.525 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
(pp) Section 91.527(a) of Applies to powered- (1) Powered-lift
this chapter. lift subject to the critical surfaces,
requirements of as outlined in the
subpart F to part Aircraft Flight
91 of this chapter Manual for that
as specified in aircraft, must also
paragraph (cc) of be determined to be
this section. free of frost, ice,
or snow.
(2) Powered-lift
critical surfaces
under this section
are determined by
the manufacturer.
(qq) Section 91.527(b)(2) Applies to powered- Instead of Sec.
and (3) of this chapter. lift subject to the 91.527(b)(2) and
requirements of (3) of this
subpart F to part chapter, to operate
91 of this chapter instrument flight
as specified in rules (IFR) into
paragraph (cc) of known light or
this section. moderate icing
conditions or VFR
into known light or
moderate icing
conditions, an
operator must
comply with Sec.
194.306(xx).
(rr) Section 91.527(c) of Applies to powered- No pilot may fly a
this chapter. lift subject to the powered-lift into
requirements of known or forecast
subpart F to part severe icing
91 of this chapter conditions.
as specified in
paragraph (cc) of
this section.
(ss) Section 91.531(a)(1) Applies to powered- ....................
and (2), (b), and (c) of lift subject to the
this chapter. requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section and
that meet the
additional
requirements as set
forth in each
paragraph of Sec.
91.531 of this
chapter; Sec.
91.531(b)(2) of
this chapter
applies to large
powered-lift that
meet the additional
requirements set
forth in that
paragraph.
(tt) Section 91.533 of this Applies to powered- ....................
chapter. lift subject to the
requirements of
subpart F to part
91 of this chapter
as specified in
paragraph (cc) of
this section.
------------------------------------------------------------------------
Part 91, Subpart G--Additional Equipment and Operating Requirements for
Large and Transport Category Aircraft
------------------------------------------------------------------------
(uu) Section 91.603 of this Applies to large The aural speed
chapter. powered-lift. warning device
required by Sec.
91.603 of this
chapter 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.
(vv) Section 91.605(b)(1) of Applies to large The Aircraft Flight
this chapter. powered-lift. Manual must contain
the takeoff weight
performance
information.
(ww) Section 91.605(b)(2) of Applies to large The Aircraft Flight
this chapter. powered-lift. Manual must contain
the landing
performance
information.
(xx) Section 91.605(b)(3), Applies to large ....................
(b)(4)(ii), and (c) of this powered-lift that
chapter. execute takeoff
operations using
wing-borne lift and
that have takeoff
performance
information
contained in the
Aircraft Flight
Manual.
(yy) Section 91.609(c), (d), Paragraph (c) of (1) Operators of
(e), (i), and (j) of this Sec. 91.609 of powered-lift having
chapter. this chapter a passenger seating
applies to powered- configuration,
lift with a excluding any pilot
passenger seating seat, of 10 or more
configuration, must comply with
excluding any pilot Sec. 194.310 or
seats, of 10 or Sec. 194.311 in
more seats; Sec. lieu of the
91.609(e) of this appendices
chapter applies to referenced in Sec.
powered-lift with a 91.609(c)(1) of
passenger seating this chapter.
configuration of (2) For compliance
six or more seats with Sec.
and for which two 91.609(c)(3),
pilots are required (e)(1), and (i) of
by type this chapter,
certification or powered-lift must
operating rule; comply with the
Sec. 91.609(d) of certification
this chapter provisions listed
applies to powered- in those paragraphs
lift required by or such
that section to airworthiness
have a flight data criteria as the FAA
recorder; and Sec. may find provide an
91.609(i) and (j) equivalent level of
of this chapter safety in
apply to powered- accordance with
lift required by Sec. 21.17(b) of
that section to this chapter.
have a cockpit (3) Under Sec.
voice recorder and 91.609(d) of this
a flight data chapter, the flight
recorder. 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.
(zz) Section 91.613(b)(2) of Applies to large The thermal/acoustic
this chapter. powered-lift. installation
materials required
by Sec.
91.613(b)(2) of
this chapter 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.
------------------------------------------------------------------------
Part 91, Subpart K--Fractional Ownership Operations
------------------------------------------------------------------------
(aaa) Section 91.1037 of Applies to large If a powered-lift
this chapter. powered-lift operator is
subject to the required to comply
requirements of with this section,
subpart K to part the operator must
91 of this chapter also comply with
that are Sec.
certificated to 91.1025(o)(7) of
conduct landing this chapter.
operations in wing-
borne flight mode
as indicated in the
Aircraft Flight
Manual.
(bbb) Section 91.1041(b) and Applies to all ....................
(d) of this chapter. powered-lift
subject to the
requirements of
subpart K to part
91 of this chapter.
[[Page 92503]]
(ccc) Section 91.1045(a) of Applies to powered- Under Sec.
this chapter. lift subject to the 91.1045(a)(3) of
requirements of this chapter,
subpart K to part instead of TAWS,
91 of this chapter powered-lift must
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
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.
(ddd) Section 91.1045(b) of Applies to powered- Compliance with Sec.
this chapter. lift subject to the 91.1045(b)(3) of
requirements of this chapter
subpart K to part requires a
91 of this chapter helicopter terrain
with a passenger- awareness and
seat configuration warning system that
of 30 seats or complies with Sec.
fewer, excluding 194.306(s).
each crewmember,
and a payload
capacity of 7,500
pounds or less.
------------------------------------------------------------------------
Table 1 to Sec. 194.302
------------------------------------------------------------------------
Additional
Regulation Applicability requirements or
clarification
------------------------------------------------------------------------
Part 91, Subpart A--General
------------------------------------------------------------------------
(a) Section 91.9 (a) and (b) Applies to all The requirement for
of this chapter. powered-lift. an approved
Aircraft Flight
Manual is set forth
in the
airworthiness
criteria
established under
Sec. 21.17(b) of
this chapter.
------------------------------------------------------------------------
Part 91, Subpart B--Flight Rules
------------------------------------------------------------------------
(b) Section 91.103(b)(1) of Applies to powered- ....................
this chapter. 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) of this powered-lift. Sec. 91.107(a)(3)
chapter. of this chapter 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 91.119(d) of Applies to powered- Under Sec.
this chapter. lift operating in 91.119(d) of this
vertical-lift chapter, a powered-
flight mode. lift may be
operated in
vertical-lift
flight mode at less
than the minimums
prescribed in Sec.
91.119(b) or (c)
of this chapter,
provided each
person operating
the powered-lift
complies with any
routes or altitudes
specifically
prescribed for
powered-lift by the
FAA.
(e) Section 91.126(b)(1) of Applies to powered- If the powered-lift
this chapter. lift operating in is operating in
wing-borne flight vertical-lift
mode. flight mode, see
paragraph (f) of
this section.
(f) Section 91.126(b)(2) of Applies to powered- If the powered-lift
this chapter. lift operating in is operating in
vertical-lift wing-borne flight
flight mode. mode, see paragraph
(e) of this
section.
(g) Section 91.129(e)(1) and Applies to large or
(2), (g)(2), and (h) of turbine-powered
this chapter. powered-lift.
(h) Section 91.129(e)(3) of Applies to powered-
this chapter. lift preparing to
land in wing-borne
flight mode.
(i) Section 91.129(f)(1) of Applies to powered- (1) If the powered-
this chapter. lift operating in lift is operating
wing-borne flight in vertical-lift
mode. flight mode, see
paragraph (j) of
this section.
(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).
(j) Section 91.129(f)(2) of Applies to powered- (1) If the powered-
this chapter. lift operating in lift is operating
vertical-lift in wing-borne
flight mode. flight mode, see
paragraph (i) of
this section.
(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.
(k) Section 91.131(a)(2) of Applies to large
this chapter. powered-lift.
(l) Section 91.151(a) and Applies to powered- (1) A powered-lift
(b) of this chapter. lift. with the
performance
capability, as
outlined in the
Aircraft Flight
Manual, to conduct
a landing in the
vertical-lift
flight mode along
the entire route of
flight may use the
VFR fuel
requirements
outlined in Sec.
91.151(b).
(2) Powered-lift
unable to meet the
requirements of
paragraph (l)(1) of
this section must
use the rule
requirements
outlined in Sec.
91.151(a).
(m) Section 91.155(a) of The helicopter (1) Except as
this chapter. provision under provided in Sec.
Sec. 91.155(a) 91.155(b), powered-
applies to powered- lift that meet the
lift operating in requirements of
vertical-lift paragraph (m) of
flight mode and at this section may
a speed that allows operate under the
the pilot to see helicopter VFR
any other traffic visibility minimums
or obstructions in outlined under Sec.
time to avoid a 91.155(a) in
collision. class G airspace.
(2) Powered-lift
unable to meet the
requirements of
paragraph (m) of
this section must
use the VFR
visibility minimums
in Sec. 91.155(a)
for aircraft other
than helicopters.
(n) Section 91.155(b)(1) of Applies to powered- (1) Powered-lift
this chapter. lift operating in that meet the
the vertical-lift requirements of
flight mode and at paragraph (n) of
a speed that allows this section may
the pilot to see use the VFR
any other traffic visibility minimums
or obstructions in outlined in Sec.
time to avoid a 91.155(b)(1) in
collision. Class G airspace.
(2) Powered-lift
unable to meet the
requirements of
paragraph (n) of
this section must
use the visibility
minimums outlined
in Sec.
91.155(b)(2).
(o) Section 91.155(b)(2) of Applies to powered- Powered-lift
this chapter. lift. operating in Class
G airspace that
cannot meet the
requirements of
paragraph (n) of
this section must
use the VFR
visibility minimums
outlined under Sec.
91.155(b)(2).
[[Page 92504]]
(p) Section 91.157(b)(3), The helicopter ....................
(b)(4), and (c) of this exceptions outlined
chapter. in Sec.
91.157(b)(3),
(b)(4), and (c)
apply to powered-
lift operating in
vertical-lift
flight mode when
those aircraft are
operated at a speed
that allows the
pilot to see any
other traffic or
obstructions in
time to avoid a
collision.
(q) Section 91.167(a)(3) and The helicopter (1) Powered-lift
(b)(2)(ii) of this chapter. provisions in Sec. that meet the
91.167(a)(3) and requirements of
(b)(2)(ii) apply to paragraph (q) of
powered-lift this section may
authorized to use the helicopter
conduct copter provisions under
procedures and that Sec. 91.167(a)(3)
have the and
performance 91.167(b)(2)(ii).
capability for the (2) Powered-lift
entire flight to that are unable to
conduct a landing meet the
in the vertical- requirements
lift flight mode, outlined in
as outlined in the paragraph (q) of
Aircraft Flight this section must
Manual. use the 45-minute
fuel requirement
outlined in Sec.
91.167(a)(3) and
the aircraft
requirement
outlined in Sec.
91.167(b)(2)(i).
(r) Section 91.169(b)(2)(ii) Applies to powered- (1) Powered-lift
and (c)(1)(ii) of this lift authorized to that meet the
chapter. conduct copter requirements of
procedures and that paragraph (r) of
have the this section may
performance use the helicopter
capability to land provisions
in the vertical- specified in Sec.
lift flight mode, 91.169(b)(2)(ii)
as outlined in the and Sec.
Aircraft Flight 91.169(c)(1)(ii).
Manual. (2) Powered-lift
that are unable to
meet the
requirements
outlined in
paragraph (r) of
this section must
use the
requirements for
aircraft other than
helicopters under
Sec.
91.169(b)(2)(i) and
(c)(1)(i).
(s) Section Applies to powered- Powered-lift with
91.175(f)(2)(iii) of this lift with two two engines or less
chapter. engines or less, that are unable to
that takeoff in meet the
vertical-lift requirements
flight mode, and outlined in this
that are authorized paragraph (s) must
to conduct copter comply with Sec.
procedures. 91.175(f)(2)(i).
(t) Section 91.175(f)(4)(i) Applies to part 135 ....................
of this chapter. powered-lift
operators required
to comply with
subpart I to part
135 of this chapter.
------------------------------------------------------------------------
Part 91, Subpart C--Equipment, Instrument, and Certificate Requirements
------------------------------------------------------------------------
(u) 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.
(v) Section 91.205(d)(3)(i). Applies to powered- ....................
lift certified for
instrument flight
rules operations.
(w) Section 91.207.......... Applies to all
powered-lift.
(x) Section 91.219.......... Applies to all
powered-lift.
(y) 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.
------------------------------------------------------------------------
Part 91, Subpart D--Special Flight Operations
------------------------------------------------------------------------
(z) Section 91.313(g)....... Applies to
restricted category
small powered-lift.
------------------------------------------------------------------------
Part 91, Subpart E--Maintenance, Preventive Maintenance, and Alterations
------------------------------------------------------------------------
(aa) 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
(aa)(1)(i) and (ii)
of this section
must be
continuously
visible.
(bb) Section 91.411......... Applies to all
powered-lift.
------------------------------------------------------------------------
Part 91, Subpart F--Large and Turbine-Powered Multiengine Airplanes and
Fractional Ownership Program Aircraft
------------------------------------------------------------------------
(cc) Section 91.501......... Applies to large Any sections or
powered-lift paragraphs within
regardless of sections to subpart
powerplant, as well F to part 91 that
as powered-lift refer to a specific
operating under category of
subpart K to part aircraft and that
91, and subject to are not referenced
any limitations in the SFAR tables
outlined in this to this section or
SFAR. Sec. 194.306, do
not apply to
powered-lift.
(dd) Section 91.503......... Applies to powered- Powered-lift may
lift subject to the comply with Sec.
requirements of 91.503(a)(5) by
subpart F to part having the
91 as specified in appropriate engine
paragraph (cc) of or multiple-engines
this section. inoperative climb
performance data
available at the
pilot station of
the aircraft.
(ee) Section 91.505......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(ff) Section 91.507......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
[[Page 92505]]
(gg) Section 91.509......... Applies to powered- (1) Powered-lift
lift subject to the operating over
requirements of water under Sec.
subpart F to part 91.509(a) or (b)
91 as specified in may use either the
paragraph (cc) of nearest shore or
this section. 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.
(hh) Section 91.511......... Applies to powered- Powered-lift
lift subject to the operating over
requirements of water under Sec.
subpart F to part 91.511(a) may use
91 as specified in either the nearest
paragraph (cc) of shore or the
this section. nearest off-shore
heliport structure
by which to measure
the nautical mile
limits provided in
Sec. 91.511(a).
(ii) Section 91.513......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(jj) Section 91.515......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(kk) Section 91.517......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(ll) Section 91.519......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(mm) 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 to part with Sec. 25.785
91 as specified in of this chapter or
paragraph (cc) of such airworthiness
this section. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(nn) 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 to specified in Sec.
part 91 as 25.561(b)(3) of
specified in this chapter or
paragraph (cc) of such airworthiness
this section. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(oo) Section 91.525......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
(pp) Section 91.527(a)...... Applies to powered- (1) Powered-lift
lift subject to the critical surfaces,
requirements of as outlined in the
subpart F to part Aircraft Flight
91m as specified in Manual for that
paragraph (cc) of aircraft, must also
this section. be determined to be
free of frost, ice,
or snow.
(2) Powered-lift
critical surfaces
under this section
are determined by
the manufacturer.
(qq) Section 91.527(b)(2) Applies to powered- Instead of Sec.
and (3). lift subject to the 91.527(b)(2) and
requirements of (3), to operate
subpart F to part instrument flight
91 as specified in rules (IFR) into
paragraph (cc) of known light or
this section. moderate icing
conditions or VFR
into known light or
moderate icing
conditions, an
operator must
comply with Sec.
194.306(xx).
(rr) Section 91.527(c)...... Applies to powered- No pilot may fly a
lift subject to the powered-lift into
requirements of known or forecast
subpart F to part severe icing
91 as specified in conditions.
paragraph (cc) of
this section.
(ss) Section 91.531(a)(1) Applies to powered- ....................
and (2), (b), and (c). lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section and
that meet the
additional
requirements as set
forth in each
paragraph of Sec.
91.531. Section
91.531(b)(2)
applies to large
powered-lift that
meet the additional
requirements set
forth in that
paragraph.
(tt) Section 91.533......... Applies to powered- ....................
lift subject to the
requirements of
subpart F to part
91 as specified in
paragraph (cc) of
this section.
------------------------------------------------------------------------
Part 91, Subpart G--Additional Equipment and Operating Requirements for
Large and Transport Category Aircraft
------------------------------------------------------------------------
(uu) 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.
(vv) Section 91.605(b)(1)... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the takeoff weight
performance
information.
(ww) Section 91.605(b)(2)... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the landing
performance
information.
(xx) 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.
(yy) Section 91.609(c), (d), Paragraph (c) of (1) Operators of
(e), (i), and (j). Sec. 91.609 powered-lift having
applies to powered- a passenger seating
lift with a configuration,
passenger seating excluding any pilot
configuration, seat, of 10 or more
excluding any pilot must comply with
seats, of 10 or Sec. 194.310 or
more seats; Sec. 194.311 in
paragraph (e) of lieu of the
Sec. 91.609 appendices
applies to powered- referenced in Sec.
lift with a 91.609(c)(1).
passenger seating (2) For compliance
configuration of with Sec.
six or more seats 91.609(c)(3),
and for which two (e)(1), and (i),
pilots are required powered-lift must
by type comply with the
certification or certification
operating rule; provisions listed
paragraph (d) of in those paragraphs
Sec. 91.609 or such
applies to powered- airworthiness
lift required by criteria as the FAA
that section to may find provide an
have a flight data equivalent level of
recorder; and safety in
paragraphs (i) and accordance with
(j) of Sec. Sec. 21.17(b) of
91.609 apply to this chapter.
powered-lift (3) Under Sec.
required by that 91.609(d), the
section to have a flight recorder
cockpit voice must operate
recorder and a continuously from
flight data the earlier of when
recorder. 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.
[[Page 92506]]
(zz) 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.
------------------------------------------------------------------------
Part 91, Subpart K--Fractional Ownership Operations
------------------------------------------------------------------------
(aaa) Section 91.1037....... Applies to large If a powered-lift
powered-lift operator is
subject to the required to comply
requirements of with this section,
subpart K to part the operator must
91 that are also comply with
certificated to Sec.
conduct landing 91.1025(o)(7) of
operations in wing- this chapter.
borne flight mode
as indicated in the
Aircraft Flight
Manual.
(bbb) Section 91.1041(b) and Applies to all ....................
(d). powered-lift
subject to the
requirements of
subpart K to part
91.
(ccc) Section 91.1045(a).... Applies to powered- Under Sec.
lift subject to the 91.1045(a)(3),
requirements of instead of TAWS,
subpart K to 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
(incorporated by
reference, see Sec.
194.109) or a FAA-
approved TAWS A/
HTAWS hybrid
system.
(ddd) Section 91.1045(b).... Applies to powered- Compliance with Sec.
lift subject to the 91.1045(b)(3)
requirements of requires a
subpart K to part helicopter terrain
91 with a passenger- awareness and
seat configuration warning system that
of 30 seats or complies with Sec.
fewer, excluding 194.306(s).
each crewmember,
and a payload
capacity of 7,500
pounds or less.
------------------------------------------------------------------------
Sec. 194.303 IFR takeoff, approach, and landing minimums.
Section 91.1039(c) of this chapter applies to all powered-lift
operated under subpart K to part 91 of this chapter regardless of
powerplant type.
Sec. 194.304 ATC transponder and altitude reporting equipment and
use.
Notwithstanding Sec. 194.301, 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. 194.305 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.
Sec. 194.306 Provisions under part 135 of this chapter applicable to
powered-lift.
No person may operate a powered-lift under part 135 of this chapter
unless that person complies with the regulations listed in the first
column of table 1 to this section, notwithstanding their applicability
to airplanes, helicopters, or rotorcraft, subject to the applicability
provisions in the second column and any additional requirements or
clarification specified in the third column.
Table 1 to Sec. 194.306
------------------------------------------------------------------------
Additional
Regulation Applicability requirements or
clarification
------------------------------------------------------------------------
Part 135, Subpart A--General
------------------------------------------------------------------------
(a) Section 135.1(a)(9) of Applies to powered- ....................
this chapter. lift conducting
operations in
accordance with
subpart L of part
135 of this chapter.
(b) Section 135.23(r) of Applies to powered- ....................
this chapter. lift required to
comply with Sec.
135.385 of this
chapter as set
forth in paragraphs
(hhh) and (iii) of
this section.
------------------------------------------------------------------------
Part 135, Subpart B--Flight Operations
------------------------------------------------------------------------
(c) Section 135.93(a) Applies to all (1) The requirements
through (f) of this chapter. powered-lift. referencing an
Airplane Flight
Manual under Sec.
135.93(b) of this
chapter apply to a
powered-lift's
Aircraft Flight
Manual.
(2) Under Sec.
135.93(c) of this
chapter, no person
operating a powered-
lift may use an
autopilot enroute,
including climb and
descent, below the
following--
(i) Either:
(A) At a minimum
engagement altitude
specified in the
Aircraft Flight
Manual; or
(B) If no minimum
engagement altitude
is specified, 500
feet, or at an
altitude that is no
lower than twice
the altitude loss
specified in the
Aircraft Flight
Manual for an
autopilot
malfunction in
cruise conditions,
whichever is
greater; or
(ii) Notwithstanding
the requirements of
paragraphs
(c)(2)(i)(A) and
(B) of this
section, at an
altitude specified
by the
Administrator.
(d) Section 135.117(a)(9) of Applies to powered-
this chapter. lift conducting
operations beyond
the autorotational
distance from the
shoreline, as
defined in Sec.
135.168(a) of this
chapter, or gliding
distance of a
shoreline.
[[Page 92507]]
(e) Section 135.128(a) of Applies to all The exception under
this chapter. powered-lift. Sec. 135.128(a)
of this chapter 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.
------------------------------------------------------------------------
Part 135, Subpart C--Aircraft and Equipment
------------------------------------------------------------------------
(f) Section 135.145(b) of Applies to all
this chapter. powered-lift unless
the certificate
holder has
previously proven a
powered-lift under
part 135 of this
chapter.
(g) Section 135.145(d)(1) of Applies to all
this chapter. 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 of
this chapter.
(h) Section 135.150(a)(7) of Applies to large The public address
this chapter. powered-lift with a system required by
passenger seating Sec.
configuration, 135.150(a)(7) of
excluding any pilot this chapter must
seat, of more than comply with Sec.
19. 25.1423 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.
(i) Section 135.150(b)(7) of Applies to large The crewmember
this chapter. 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) of
19. 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.
(j) Section 135.151(a) of Applies to powered- The cockpit voice
this chapter. 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) 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(b) of Applies to powered- The cockpit voice
this chapter. 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) 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.
(l) Section 135.151(d) of Applies to large The cockpit voice
this chapter. powered-lift or recorder required
powered-lift by Sec.
equipped with a 135.151(d) of this
cockpit voice chapter must record
recorder. the 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.
(m) Section 135.151(g)(1) of Applies to powered- The cockpit voice
this chapter. 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) of this
flight data chapter or such
recorder under Sec. airworthiness
135.152 of this criteria as the FAA
chapter. may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(n) Section 135.151(g)(2) of Applies to powered- The cockpit voice
this chapter. 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 of this in Sec.
chapter. 135.151(g)(2)(i)
and (iv) 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.
(o) Section 135.151(h) of Applies to powered-
this chapter. lift required to
have a cockpit
voice recorder and
a flight data
recorder under part
135 with installed
datalink
communication
equipment.
(p) Section 135.152(a) of Section 135.152(a) Powered-lift
this chapter. of this chapter operators must
applies to powered- comply with Sec.
lift with a 194.312 or Sec.
passenger seating 194.313 in lieu of
configuration of 10 the appendices
to 19 seats. referenced in Sec.
135.152 of this
chapter.
(q) Section 135.152(b) Section 135.152(b)
introductory text and introductory text
(b)(3) of this chapter. and (b)(3) apply to
powered-lift with a
passenger seating
configuration of 20
to 30 seats.
(r) Section 135.152(c), (d), Applies to powered- (1) The flight
(f), and (j) of this lift with a recorder must be
chapter. 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
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.
(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.
(s) Section 135.154(a) and Applies to powered- Instead of TAWS,
(c) of this chapter. 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
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.
(t) Section 135.158 of this Applies to powered- Under Sec.
chapter. lift equipped with 135.158(a) of this
a flight instrument chapter, no person
pitot heating may operate a
system. powered-lift
equipped with a
flight instrument
pitot heating
system unless the
aircraft is also
equipped with an
operable pitot heat
indication system
that complies with
Sec. 23.2605 or
Sec. 25.1326 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 that
provides an alert
that is in clear
view of a
flightcrew member.
(u) Section 135.159(a)(1) of Applies to powered-
this chapter. lift with a third
attitude instrument
system that meets
the requirements of
Sec.
135.159(a)(1) of
this chapter.
[[Page 92508]]
(v) Section 135.160 of this Applies to all
chapter. powered-lift.
(w) Section 135.163(g) of Applies to all The two required
this chapter. powered-lift. generators may be
mounted on a
drivetrain that is
driven by two
separate
powerplants as
outlined in Sec.
135.163(g) of this
chapter for multi-
engine helicopters.
(x) Section 135.165(d) of Applies to powered-
this chapter. 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.
(y) Section 135.165(g)(1) of Applies to powered-
this chapter. lift for purposes
of approving a
single long-range
navigation system
and a single long-
range communication
system for extended
over-water
operations.
(z) Section 135.168 of this Applies to powered- (1) The life
chapter. lift operating preserver required
beyond by Sec.
autorotational 135.168(b)(1) of
distance or gliding this chapter need
distance from the not be worn but
shoreline. must be readily
available for its
intended use and
easily accessible
to each occupant
when the powered-
lift is a
multiengine
aircraft operated
at a weight that
will allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust, at least
50 feet a minute,
at an altitude of
1,000 feet above
the surface.
(2) For powered-lift
unable to meet the
requirements of
paragraph (z)(1) of
this section, the
occupants must wear
life preservers
during the flight.
(3) For purposes of
paragraphs (z),
(ii), (jj), and
(kk) of this
section, critical
change of thrust
means a failure
that would most
adversely affect
the performance or
handling qualities
of an aircraft.
(aa) Section 135.169(a) of Applies to large Powered-lift must
this chapter. powered-lift. comply with
appropriate
certification
provisions listed
in Sec.
135.169(a) 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 135.169(b)(1) Applies to small (1) Under Sec.
and (b)(8) of this chapter. powered-lift with a 135.169(b)(1) of
passenger seating this chapter, small
configuration, powered-lift with a
excluding pilot passenger seating
seats, of 10 seats configuration of 10
or more. seats or more must
comply with the
applicable
requirements for
transport category
powered-lift 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.
(2) Under Sec.
135.169(b)(8) of
this chapter, small
powered-lift with a
passenger seating
configuration of 10
seats or more must
comply with the
applicable
requirements under
part 23 of this
chapter referenced
in Sec.
135.169(b)(8) 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.
(cc) Section 135.169(d) of Applies to large The cargo and
this chapter. powered-lift with a baggage
cargo or baggage compartments
compartment of 200 required by Sec.
cubic feet or 135.169(d) of this
greater. chapter must 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.
(dd) Section 135.170(b)(1) Applies to large Powered-lift must
of this chapter. powered-lift; Sec. comply with
135.170(b)(1)(ii) appropriate
applies to large certification
powered-lift with a provisions listed
passenger capacity in Sec.
of 20 or more. 135.170(b)(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.
(ee) Section 135.170(b)(2) Applies to large The seat cushions
of this chapter. powered-lift. required by Sec.
135.170(b)(2) of
this chapter 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.
(ff) Section 135.170(c)(2) Applies to large The seat cushions
of this chapter. powered-lift. required by Sec.
135.170(c)(2) of
this chapter 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.
(gg) Section 135.178 of this Applies to powered- The additional
chapter. lift having a emergency equipment
passenger-seating must comply with
configuration of appropriate
more than 19 seats. certification
provisions listed
in Sec. 135.178
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.
(hh) Section 135.180 of this Applies to powered- The Aircraft Flight
chapter. lift with a Manual must contain
passenger seat the information
configuration, outlined in Sec.
excluding any pilot 135.180(b) of this
seat, of 10 to 30 chapter.
seats.
(ii) Section 135.181(a)(2) Applies to powered- No person may
of this chapter. lift. operate a
multiengine powered-
lift carrying
passengers over-the-
top or in IFR
conditions at a
weight that will
not allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, at
least 50 feet a
minute when
operating at the
MEAs of the route
to be flown or
5,000 feet MSL,
whichever is
higher.
(jj) Section 135.181(b) of Applies to powered- Multiengine powered-
this chapter. lift conducting lift carrying
offshore passenger passengers offshore
operations. may conduct such
operations in over-
the-top or in IFR
conditions at a
weight that will
allow the powered-
lift to climb at
least 50 feet per
minute with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, when
operating at the
MEA of the route to
be flown or 1,500
feet MSL, whichever
is higher.
[[Page 92509]]
(kk) Section 135.183(c) of Applies to powered- No person may
this chapter. lift. operate a land
aircraft carrying
passengers over
water unless it is
a multiengine
aircraft operated
at a weight that
will allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, at
least 50 feet a
minute, at an
altitude of 1,000
feet above the
surface.
(ll) Section 135.183(d) of Applies if the
this chapter. powered-lift is
equipped with
flotation devices
and carrying
passengers over
water.
------------------------------------------------------------------------
Part 135, Subpart D--VFR/IFR Operating Limitations and Weather
Requirements
------------------------------------------------------------------------
(mm) Section 135.203(a) of Applies to powered- The Administrator
this chapter. lift except those may authorize a
operating in the lower minimum
vertical-lift altitude for a
flight mode under powered-lift if the
paragraph (nn) of FAA has determined,
this section. during type
certification, the
lower minimum
altitude enables a
transition from
wing-borne to
vertical-lift
flight mode and the
aircraft can
conduct a safe
autorotation, or an
approved equivalent
maneuver, to a
landing but no
lower than 300 feet
above the surface.
(nn) Section 135.203(b) of Applies to powered- Powered-lift that do
this chapter. lift operating in not meet the
vertical-lift requirements of
flight mode that this paragraph (nn)
are certificated must use the VFR
and able to conduct minimum altitudes
an autorotation or outlined in
an approved paragraph (mm) of
equivalent maneuver this section.
to a landing.
(oo) Section 135.205(a) of Applies to all
this chapter. powered-lift except
as provided in
paragraph (pp) of
this section.
(pp) Section 135.205(b) of Applies to powered- Powered-lift that do
this chapter. lift operating in not meet the
vertical-lift requirements of
flight mode and at this paragraph (pp)
a speed that allows must use the VFR
the pilot adequate visibility
opportunity to see requirements
and avoid any other outlined in Sec.
air traffic or any 135.205(a) of this
obstructions in chapter.
time to avoid a
collision.
(qq) Section 135.207 of this Applies if the
chapter. powered-lift does
not have the flight
instrumentation
listed in Sec.
135.159 of this
chapter installed
and operable.
(rr) Section 135.209(a) of Applies to all (1) The
this chapter. powered-lift except Administrator may
as provided in authorize
paragraph (ss) of deviations from
this section. paragraph (a) of
Sec. 135.209 of
this chapter for
specific routes
with one or more
predetermined
suitable landing
areas if the FAA
finds the operation
can be conducted
safely. If the
Administrator
authorizes such a
deviation, an
operations
specification will
be issued to the
operator
containing, at a
minimum, the
specific routes and
the VFR fuel
reserve specified
in minutes. The
Administrator may,
at any time,
terminate any grant
of deviation
authority issued
under this
paragraph.
(2) Suitable landing
area for purposes
of this paragraph
(rr) and paragraph
(ss) of this
section means an
area that provides
the operator
reasonable
capability to land
without causing
undue hazard to
persons or
property. These
suitable landing
areas must be site
specific,
designated by the
operator, and
accepted by the
FAA.
(ss) Section 135.209(b) of Applies to powered- The Administrator
this chapter. lift with the may authorize
performance deviations from
capability, as Sec. 135.209(b)
provided in the of this chapter for
Aircraft Flight specific routes
Manual, for the with one or more
entire flight to predetermined
conduct a landing suitable landing
in the vertical- areas if the FAA
lift flight mode. finds the operation
can be conducted
safely. If the
Administrator
authorizes such a
deviation, an
operations
specification will
be issued to the
operator
containing, at a
minimum, the
specific routes and
the VFR fuel
reserve specified
in minutes. The
Administrator may,
at any time,
terminate any grant
of deviation
authority issued
under this
paragraph.
(tt) Section 135.221(b) of Applies to powered- Powered-lift that do
this chapter. lift authorized to not meet these
conduct copter criteria must use
procedures and the alternate
which can land in airport minimums
the vertical-lift specified for
flight mode, as aircraft in Sec.
provided in the 135.221(a) of this
Aircraft Flight chapter.
Manual.
(uu) Section 135.223(a)(3) Applies to powered- (1) A powered-lift
of this chapter. lift authorized to that meets the
conduct copter requirements of
procedures and that paragraph (uu) of
have the this section may
performance use the 30-minute
capability, as fuel requirements
provided in the specified for
Aircraft Flight helicopters in Sec.
Manual, to conduct 135.223(a)(3) of
a landing in the this chapter.
vertical-lift (2) Powered-lift
flight mode for the that are unable to
entire flight. meet the
requirements
outlined in
paragraph (uu) of
this section must
use the 45-minute
fuel requirement
outlined in Sec.
135.223(a)(3) of
this chapter.
(vv) Section 135.225(e) of Applies to all
this chapter. powered-lift.
(ww) Section 135.227(b) of Applies to all (1) Powered-lift
this chapter. 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.
(xx) Section 135.227(d) of Applies to powered-
this chapter. lift that are type
certificated and
appropriately
equipped for
operations in icing
conditions.
(yy) Section Applies to powered- If a powered-lift is
135.229(b)(2)(ii) of this lift taking off or not taking off or
chapter. landing in vertical- landing in vertical-
lift flight mode lift flight mode
and equipped with and is not equipped
landing lights with landing lights
oriented in a oriented in a
direction that direction that
enables the pilot enables the pilot
to see the area to to see the area to
be used for landing be used for landing
or takeoff marked or takeoff marked
by reflective by reflective
material. material, the
powered-lift must
take off or land at
an airport with
boundary or runway
marker lights.
------------------------------------------------------------------------
[[Page 92510]]
Part 135, Subpart F--Crewmember Flight Time and Duty Period Limitations
and Rest Requirements
------------------------------------------------------------------------
(zz) Section 135.271 of this Applies to powered-
chapter. lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
------------------------------------------------------------------------
Part 135, Subpart I--Airplane Performance Operating Limitations
------------------------------------------------------------------------
(aaa) Section 135.361(a) of As applicable to Any sections or
this chapter. each powered-lift paragraphs within
considering size sections to subpart
and certification I to part 135 of
basis and subject this chapter that
to any limitations refer to a specific
outlined in this category of
part. aircraft and that
are not referenced
in the table to
Sec. 194.302 or
this table, do not
apply to powered-
lift.
(bbb) Section 135.363(b) As applicable to
through (e) of this chapter. each powered-lift,
regardless of power
plant type,
considering size
and certification
basis.
(ccc) Section 135.363(f) of Applies to powered-
this chapter. lift that must
comply with Sec.
Sec. 135.365
through 135.387 of
this chapter as set
forth in paragraphs
(ddd) through (jjj)
of this section.
(ddd) Section 135.379(a) and Applies to large The Aircraft Flight
(d) of this chapter. powered-lift. Manual must contain
the takeoff weight
performance
information.
(eee) Section 135.379(c), Applies to large The accelerate-stop
(e), (f), and (g) of this powered-lift distance required
chapter. certificated to by Sec.
conduct takeoff 135.379(c)(1) of
operations that this chapter must
utilize wing-borne comply with Sec.
lift as indicated 25.109 of this
in the aircraft chapter or such
flight manual. airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(fff) Section 135.381 of Applies to large
this chapter. powered-lift.
(ggg) Section 135.383(c) of Applies to large
this chapter. powered-lift.
(hhh) Section 135.385(a) of Applies to large The Aircraft Flight
this chapter. powered-lift. Manual must contain
the landing weight
performance
information.
(iii) Section 135.385(b), Applies to large Section 135.385(f)
(d), (e), and (f) of this powered-lift only applies to
chapter. certificated to eligible on-demand
conduct landing operators.
operations that
utilize wing-borne
lift and that have
landing performance
information
contained in the
aircraft flight
manual.
(jjj) Section 135.387(a) and Applies to large (1) Powered-lift
(b) of this chapter. powered-lift operating under
certificated to Sec. 135.387(a)
conduct landing of this chapter
operations that must be able to
utilize wing-borne complete a full
lift and that have stop landing within
landing performance 60 percent of the
information effective length of
contained in the the runway.
aircraft flight (2) Section
manual. 135.387(b) only
applies to eligible
on-demand
operators.
(kkk) Section 135.397(b) of Applies to small The Aircraft Flight
this chapter. 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.
------------------------------------------------------------------------
Part 135, Subpart J--Maintenance, Preventive Maintenance, and
Alterations
------------------------------------------------------------------------
(lll) Section 135.429(d) of Applies to powered-
this chapter. lift that operate
in remote areas or
sites.
------------------------------------------------------------------------
Part 135, Subpart L--Helicopter Air Ambulance Equipment, Operations, and
Training Requirements
------------------------------------------------------------------------
(mmm) Section 135.601 of Applies to powered-
this chapter. lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
(nnn) Section 135.603 of Applies to powered- (1) Under Sec.
this chapter. lift conducting 135.603 of this
operations in chapter, no
accordance with certificate holder
subpart L to part may use, nor may
135 of this chapter. any person serve
as, a pilot in
command of an air
ambulance operation
unless that person
meets the
requirements of
Sec. 135.243 of
this chapter and
holds a powered-
lift instrument
rating or an
airline transport
pilot certificate
with a category
rating for that
aircraft, that is
not limited to VFR.
(2) See Sec.
194.249 of this
chapter for
references to class
in part 135 of this
chapter.
(ooo) Section 135.605 of Applies to powered- Powered-lift must be
this chapter. lift conducting equipped with a
operations in helicopter terrain
accordance with awareness and
subpart L to part warning system
135 of this chapter. (HTAWS) that meets
the requirements in
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.
(ppp) Section 135.607 of Applies to powered-
this chapter. lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
(qqq) Section 135.609 of Applies to powered- (1) For
this chapter. lift conducting nonmountainous
operations in local flying areas,
accordance with powered-lift must
subpart L to part comply with the
135 of this chapter. following weather
minimums:
(i) During day
operations in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 2 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 800 feet
and visibility of 3
SM; and
(iii) During night
operations in a
wing-borne flight
mode, 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 in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 3 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 3 SM.
(iii) During night
operations in a
wing-borne flight
mode, a ceiling of
1500 feet and
visibility of 3 SM.
[[Page 92511]]
(3) For mountainous
local flying areas,
powered-lift must
comply with the
following weather
minimums:
(i) During day
operations in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 3 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 3 SM.
(iii) During night
operations in a
wing-borne flight
mode, 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 in a
vertical-lift or
wing-borne flight
mode, a ceiling of
1000 feet and
visibility of 3 SM;
and
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 5 SM;
(iii) During night
operations in a
wing-borne flight
mode, a ceiling of
2500 feet and
visibility of 5 SM.
(rrr) Section 135.611 of Applies to powered-
this chapter. lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
(sss) Section 135.613(a) of Applies to powered- (1) Section
this chapter. lift conducting 135.613(a)(1) of
operations in this chapter only
accordance with applies to powered-
subpart L to part lift equipped and
135 of this chapter. certified to
conduct PinS
approaches
annotated with a
``Proceed VFR''
segment.
(2) The applicable
VFR weather
minimums under Sec.
135.613(a)(2) of
this chapter for
powered-lift
operating in the
wing-borne flight
mode 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) The applicable
VFR weather
minimums under Sec.
135.613(a)(2) of
this chapter for
powered-lift
operating in the
vertical-lift mode
are:
(i) For Day
Operations: No less
than a 600-foot
ceiling and 2
statute miles
flight visibility;
and
(ii) For Night
Operations: No less
than a 600-foot
ceiling and 3
statute miles
flight visibility.
(ttt) Section 135.613(b) of Applies to powered- (1) Under Sec.
this chapter. lift conducting 135.613(b)(1) of
operations in this chapter, for
accordance with transitions from
subpart L to part VFR to IFR upon
135. departure, the VFR
weather minimums
outlined for
powered-lift under
paragraph (sss) of
this section apply
if:
(i) An FAA-approved
obstacle departure
procedure is
followed; and
(ii) An IFR
clearance is
obtained on or
before reaching a
predetermined
location that is
not more than 3 NM
from the departure
location.
(2) Under Sec.
135.613(b)(2) of
this chapter, if
the departure does
not meet the
requirements of
paragraph (ttt)(1)
of this section,
the VFR weather
minimums required
by the SFAR for the
class of airspace
apply.
(uuu) Section 135.615 of Applies to powered- (1) For powered-lift
this chapter. lift conducting operating in wing-
operations in borne flight mode
accordance with during the enroute
subpart L to part phase of flight,
135 of this chapter. under Sec.
135.615(a)(3) of
this chapter, (b),
and (c), the
following minimums
apply:
(i) For day
operations: no less
than 500 feet above
the surface or no
less than 500 feet
horizontally from
any obstacle; or
(ii) For night
operations: at an
altitude no less
than 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, no less
than 2,000 feet
above the highest
obstacle within a
horizontal distance
of 5 miles from the
course intended to
be flown.
(2) For powered-lift
operating in
vertical-lift
flight mode during
the enroute phase
of flight, under
Sec.
135.615(a)(3), (b),
and (c) of this
chapter the
following minimums
apply:
(i) No less than 300
feet for day
operations.
(ii) No less than
500 feet for night
operations.
(vvv) Section 135.617 of Applies to powered-
this chapter. lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
(www) 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.
(xxx) Section 135.621....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135 of this chapter.
------------------------------------------------------------------------
[[Page 92512]]
Table 1 to Sec. 194.306
------------------------------------------------------------------------
Additional
Regulation Applicability requirements or
clarification
------------------------------------------------------------------------
Part 135, Subpart A--General
------------------------------------------------------------------------
(a) Section 135.1(a)(9)..... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
(b) Section 135.23(r)....... Applies to powered-
lift required to
comply with Sec.
135.385 as set
forth in paragraphs
(hhh) and (iii) of
this section.
------------------------------------------------------------------------
Part 135, Subpart B--Flight Operations
------------------------------------------------------------------------
(c) Section 135.93(a) Applies to all (1) The requirements
through (f). powered-lift. referencing an
Airplane Flight
Manual under Sec.
135.93(b) apply to
a powered-lift's
Aircraft Flight
Manual.
(2) Under Sec.
135.93(c), no
person operating a
powered-lift may
use an autopilot
enroute, including
climb and descent,
below the
following--
(i) Either:
(A) At a minimum
engagement altitude
specified in the
Aircraft Flight
Manual; or
(B) If no minimum
engagement altitude
is specified, 500
feet, or at an
altitude that is no
lower than twice
the altitude loss
specified in the
Aircraft Flight
Manual for an
autopilot
malfunction in
cruise conditions,
whichever is
greater; or
(ii) Notwithstanding
the requirements of
paragraphs
(c)(2)(i)(A) and
(B) of this
section, at an
altitude specified
by the
Administrator.
(d) 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.
(e) 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.
------------------------------------------------------------------------
Part 135, Subpart C--Aircraft and Equipment
------------------------------------------------------------------------
(f) Section 135.145(b)...... Applies to all
powered-lift unless
the certificate
holder has
previously proven a
powered-lift under
part 135.
(g) 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.
(h) 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.
(i) Section 135.150(b)(7)... Applies to large 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.
(j) 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.
(k) Section 135.151(b)...... Applies to powered- The cockpit voice
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.
(l) Section 135.151(d)...... 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.
(m) Section 135.151(g)(1)... 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
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.
(n) Section 135.151(g)(2)... Applies to powered- The cockpit voice
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.
(o) Section 135.151(h)...... Applies to powered-
lift required to
have a cockpit
voice recorder and
a flight data
recorder under part
135 with installed
datalink
communication
equipment.
(p) Section 135.152(a)...... Paragraph (a) of Powered-lift
Sec. 135.152 operators must
applies to powered- comply with Sec.
lift with a 194.312 or Sec.
passenger seating 194.313 in lieu of
configuration of 10 the appendices
to 19 seats. referenced in Sec.
135.152.
[[Page 92513]]
(q) 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.
(r) Section 135.152(c), (d), Applies to powered- (1) The flight
(f), and (j). 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.
(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.
(s) 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.
(t) Section 135.158......... Applies to powered- Under Sec.
lift equipped with 135.158(a), no
a flight instrument person may operate
pitot heating a powered-lift
system. equipped with a
flight instrument
pitot heating
system unless the
aircraft is also
equipped with an
operable pitot heat
indication system
that complies with
Sec. 23.2605 of
this chapter, or
Sec. 25.1326 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)
that provides an
alert that is in
clear view of a
flightcrew member.
(u) 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.
(v) Section 135.160......... Applies to all
powered-lift.
(w) 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.
(x) 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.
(y) 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.
(z) Section 135.168......... Applies to powered- (1) The life
lift operating preserver required
beyond by Sec.
autorotational 135.168(b)(1) need
distance or gliding not be worn but
distance from the must be readily
shoreline. available for its
intended use and
easily accessible
to each occupant
when the powered-
lift is a
multiengine
aircraft operated
at a weight that
will allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust, at least
50 feet a minute,
at an altitude of
1,000 feet above
the surface.
(2) For powered-lift
unable to meet the
requirements of
paragraph (z)(1) of
this section, the
occupants must wear
life preservers
during the flight.
(3) For purposes of
paragraphs (z),
(ii), (jj), and
(kk) of this
section, critical
change of thrust
means a failure
that would most
adversely affect
the performance or
handling qualities
of an aircraft.
(aa) Section 135.169(a)..... Applies to large Powered-lift must
powered-lift. 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.
(bb) Section 135.169(b)(1) Applies to small (1) Under Sec.
and (b)(8). powered-lift with a 135.169(b)(1),
passenger seating small powered-lift
configuration, with a passenger
excluding pilot seating
seats, of 10 seats configuration of 10
or more. seats or more must
comply with the
applicable
requirements for
transport category
powered-lift 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.
(2) Under Sec.
135.169(b)(8),
small powered-lift
with a passenger
seating
configuration of 10
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.
(cc) Section 135.169(d)..... 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.
(dd) Section 135.170(b)(1).. Applies to large Powered-lift must
powered-lift; 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.
[[Page 92514]]
(ee) 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.
(ff) 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.
(gg) 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.
(hh) 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.
(ii) Section 135.181(a)(2).. Applies to powered- No person may
lift. operate a
multiengine powered-
lift carrying
passengers over-the-
top or in IFR
conditions at a
weight that will
not allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, at
least 50 feet a
minute when
operating at the
MEAs of the route
to be flown or
5,000 feet MSL,
whichever is
higher.
(jj) Section 135.181(b)..... Applies to powered- Multiengine powered-
lift conducting lift carrying
offshore passenger passengers offshore
operations. may conduct such
operations in over-
the-top or in IFR
conditions at a
weight that will
allow the powered-
lift to climb at
least 50 feet per
minute with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, when
operating at the
MEA of the route to
be flown or 1,500
feet MSL, whichever
is higher.
(kk) Section 135.183(c)..... Applies to powered- No person may
lift. operate a land
aircraft carrying
passengers over
water unless it is
a multiengine
aircraft operated
at a weight that
will allow it to
climb, with the
critical engine
inoperative or
while experiencing
a critical change
of thrust as
defined in
paragraph (z) of
this section, at
least 50 feet a
minute, at an
altitude of 1,000
feet above the
surface.
(ll) Section 135.183(d)..... Applies if the
powered-lift is
equipped with
flotation devices
and carrying
passengers over
water.
------------------------------------------------------------------------
Part 135, Subpart D--VFR/IFR Operating Limitations and Weather
Requirements
------------------------------------------------------------------------
(mm) Section 135.203(a)..... Applies to powered- The Administrator
lift except those may authorize a
operating in the lower minimum
vertical-lift altitude for a
flight mode under powered-lift if the
paragraph (nn) of FAA has determined,
this section. during type
certification, the
lower minimum
altitude enables a
transition from
wing-borne to
vertical-lift
flight mode and the
aircraft can
conduct a safe
autorotation, or an
approved equivalent
maneuver, to a
landing but no
lower than 300 feet
above the surface.
(nn) Section 135.203(b)..... Applies to powered- Powered-lift that do
lift operating in not meet the
vertical-lift requirements of
flight mode that this paragraph (nn)
are certificated must use the VFR
and able to conduct minimum altitudes
an autorotation or outlined in
an approved paragraph (mm) of
equivalent maneuver this section.
to a landing.
(oo) Section 135.205(a)..... Applies to all
powered-lift except
as provided in
paragraph (pp) of
this section.
(pp)Section 135.205(b)...... Applies to powered- Powered-lift that do
lift operating in not meet the
vertical-lift requirements of
flight mode and at this paragraph (pp)
a speed that allows must use the VFR
the pilot adequate visibility
opportunity to see requirements
and avoid any other outlined in Sec.
air traffic or any 135.205(a).
obstructions in
time to avoid a
collision.
(qq) Section 135.207........ Applies if the
powered-lift does
not have the flight
instrumentation
listed in Sec.
135.159 installed
and operable.
(rr) Section 135.209(a)..... Applies to all (1) The
powered-lift except Administrator may
as provided in authorize
paragraph (ss) of deviations from
this section. paragraph (a) of
Sec. 135.209 for
specific routes
with one or more
predetermined
suitable landing
areas if the FAA
finds the operation
can be conducted
safely. If the
Administrator
authorizes such a
deviation, an
operations
specification will
be issued to the
operator
containing, at a
minimum, the
specific routes and
the VFR fuel
reserve specified
in minutes. The
Administrator may,
at any time,
terminate any grant
of deviation
authority issued
under this
paragraph.
(2) Suitable landing
area for purposes
of this paragraph
(rr) and paragraph
(ss) of this
section means an
area that provides
the operator
reasonable
capability to land
without causing
undue hazard to
persons or
property. These
suitable landing
areas must be site
specific,
designated by the
operator, and
accepted by the
FAA.
(ss) Section 135.209(b)..... Applies to powered- The Administrator
lift with the may authorize
performance deviations from
capability, as paragraph (b) of
provided in the Sec. 135.209 for
Aircraft Flight specific routes
Manual, for the with one or more
entire flight to predetermined
conduct a landing suitable landing
in the vertical- areas if the FAA
lift flight mode. finds the operation
can be conducted
safely. If the
Administrator
authorizes such a
deviation, an
operations
specification will
be issued to the
operator
containing, at a
minimum, the
specific routes and
the VFR fuel
reserve specified
in minutes. The
Administrator may,
at any time,
terminate any grant
of deviation
authority issued
under this
paragraph.
[[Page 92515]]
(tt) Section 135.221(b)..... Applies to powered- Powered-lift that do
lift authorized to not meet these
conduct copter criteria must use
procedures and the alternate
which can land in airport minimums
the vertical-lift specified for
flight mode, as aircraft in Sec.
provided in the 135.221(a).
Aircraft Flight
Manual.
(uu) Section 135.223(a)(3).. Applies to powered- (1) A powered-lift
lift authorized to that meets the
conduct copter requirements of
procedures and that paragraph (uu) of
have the this section may
performance use the 30-minute
capability, as fuel requirements
provided in the specified for
Aircraft Flight helicopters in Sec.
Manual, to conduct 135.223(a)(3).
a landing in the
vertical-lift
flight mode for the
entire flight.
(2) Powered-lift
that are unable to
meet the
requirements
outlined in
paragraph (uu) of
this section must
use the 45-minute
fuel requirement
outlined in Sec.
135.223(a)(3).
(vv) Section 135.225(e)..... Applies to all
powered-lift.
(ww) Section 135.227(b)..... Applies to all (1) Powered-lift
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.
(xx) Section 135.227(d)..... Applies to powered-
lift that are type
certificated and
appropriately
equipped for
operations in icing
conditions.
(yy) Section Applies to powered- If a powered-lift is
135.229(b)(2)(ii). lift taking off or not taking off or
landing in vertical- landing in vertical-
lift flight mode lift flight mode
and equipped with and is not equipped
landing lights with landing lights
oriented in a oriented in a
direction that direction that
enables the pilot enables the pilot
to see the area to to see the area to
be used for landing be used for landing
or takeoff marked or takeoff marked
by reflective by reflective
material. material, the
powered-lift must
take off or land at
an airport with
boundary or runway
marker lights.
------------------------------------------------------------------------
Part 135, Subpart F--Crewmember Flight Time and Duty Period Limitations
and Rest Requirements
------------------------------------------------------------------------
(zz) Section 135.271........ Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
------------------------------------------------------------------------
Part 135, Subpart I--Airplane Performance Operating Limitations
------------------------------------------------------------------------
(aaa) Section 135.361(a).... As applicable to Any sections or
each powered-lift paragraphs within
considering size sections to subpart
and certification I to part 135 that
basis and subject refer to a specific
to any limitations category of
outlined in this aircraft and that
SFAR. are not referenced
in the SFAR tables
to Sec. 194.302
or this section, do
not apply to
powered-lift.
(bbb) Section 135.363(b) As applicable to
through (e). each powered-lift,
regardless of power
plant type,
considering size
and certification
basis.
(ccc) Section 135.363(f).... Applies to powered-
lift that must
comply with Sec.
Sec. 135.365
through 135.387 as
set forth in
paragraphs (ddd)
through (jjj) of
this section.
(ddd) Section 135.379(a) and Applies to large The Aircraft Flight
(d). powered-lift. Manual must contain
the takeoff weight
performance
information.
(eee) Section 135.379(c), Applies to large The accelerate-stop
(e), (f), and (g). powered-lift distance required
certificated to by Sec.
conduct takeoff 135.379(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.
(fff) Section 135.381....... Applies to large
powered-lift.
(ggg) Section 135.383(c).... Applies to large
powered-lift.
(hhh) Section 135.385(a).... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the landing weight
performance
information.
(iii) 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.
(jjj) 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
aircraft flight
manual.
(2) Paragraph (b) of
Sec. 135.387 only
applies to eligible
on-demand
operators.
(kkk) 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.
------------------------------------------------------------------------
Part 135, Subpart J--Maintenance, Preventive Maintenance, and
Alterations
------------------------------------------------------------------------
(lll) Section 135.429(d).... Applies to powered-
lift that operate
in remote areas or
sites.
------------------------------------------------------------------------
Part 135, Subpart L--Helicopter Air Ambulance Equipment, Operations, and
Training Requirements
------------------------------------------------------------------------
(mmm) Section 135.601....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
(nnn) Section 135.603....... Applies to powered- (1) Under Sec.
lift conducting 135.603, no
operations in certificate holder
accordance with may use, nor may
subpart L to part any person serve
135. as, a pilot in
command of an air
ambulance operation
unless that person
meets the
requirements of
Sec. 135.243 and
holds a powered-
lift instrument
rating or an
airline transport
pilot certificate
with a category
rating for that
aircraft, that is
not limited to VFR.
(2) See Sec.
194.249 for
references to class
in part 135.
[[Page 92516]]
(ooo) 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 to 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.
(ppp) Section 135.607....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
(qqq) Section 135.609....... Applies to powered- (1) For
lift conducting nonmountainous
operations in local flying areas,
accordance with powered-lift must
subpart L to part comply with the
135. following weather
minimums:
(i) During day
operations in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 2 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 800 feet
and visibility of 3
SM; and
(iii) During night
operations in a
wing-borne flight
mode, 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 in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 3 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 3 SM.
(iii) During night
operations in a
wing-borne flight
mode, 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 in a
vertical-lift or
wing-borne flight
mode, a ceiling of
800 feet and
visibility of 3 SM;
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 3 SM.
(iii) During night
operations in a
wing-borne flight
mode, 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 in a
vertical-lift or
wing-borne flight
mode, a ceiling of
1000 feet and
visibility of 3 SM;
and
(ii) During night
operations in a
vertical-lift
flight mode, a
ceiling of 1000
feet and visibility
of 5 SM;
(iii) During night
operations in a
wing-borne flight
mode, a ceiling of
2500 feet and
visibility of 5 SM.
(rrr) Section 135.611....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
(sss) Section 135.613(a).... Applies to powered- (1) Section
lift conducting 135.613(a)(1) only
operations in applies to powered-
accordance with lift equipped and
subpart L to part certified to
135. conduct PinS
approaches
annotated with a
``Proceed VFR''
segment.
(2) The applicable
VFR weather
minimums under Sec.
135.613(a)(2) for
powered-lift
operating in the
wing-borne flight
mode 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) The applicable
VFR weather
minimums under Sec.
135.613(a)(2) for
powered-lift
operating in the
vertical-lift mode
are:
(i) For Day
Operations: No less
than a 600-foot
ceiling and 2
statute miles
flight visibility;
and
(ii) For Night
Operations: No less
than a 600-foot
ceiling and 3
statute miles
flight visibility.
(ttt) Section 135.613(b).... Applies to powered- (1) Under Sec.
lift conducting 135.613(b)(1), for
operations in transitions from
accordance with VFR to IFR upon
subpart L to part departure, the VFR
135. weather minimums
outlined for
powered-lift under
paragraph (sss) of
this section apply
if:
(i) An FAA-approved
obstacle departure
procedure is
followed; and
(ii) An IFR
clearance is
obtained on or
before reaching a
predetermined
location that is
not more than 3 NM
from the departure
location.
(2) Under Sec.
135.613(b)(2), if
the departure does
not meet the
requirements of
paragraph (ttt)(1)
of this section,
the VFR weather
minimums required
by the SFAR for the
class of airspace
apply.
[[Page 92517]]
(uuu) Section 135.615....... Applies to powered- (1) For powered-lift
lift conducting operating in wing-
operations in borne flight mode
accordance with during the enroute
subpart L to part phase of flight,
135. under Sec.
135.615(a)(3), (b),
and (c), the
following minimums
apply:
(i) For day
operations: no less
than 500 feet above
the surface or no
less than 500 feet
horizontally from
any obstacle; or
(ii) For night
operations: at an
altitude no less
than 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, no less
than 2,000 feet
above the highest
obstacle within a
horizontal distance
of 5 miles from the
course intended to
be flown.
(2) For powered-lift
operating in
vertical-lift
flight mode during
the enroute phase
of flight, under
Sec.
135.615(a)(3), (b),
and (c) the
following minimums
apply:
(i) No less than 300
feet for day
operations.
(ii) No less than
500 feet for night
operations.
(vvv) Section 135.617....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
(www) 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.
(xxx) Section 135.621....... Applies to powered-
lift conducting
operations in
accordance with
subpart L to part
135.
------------------------------------------------------------------------
Sec. 194.307 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. 194.308 Applicability of national air tour safety standards
under part 136 of this chapter to powered-lift.
(a) Persons operating powered-lift in commercial air tours must
continue to comply with rules applicable to all aircraft in part 136 of
this chapter, as applicable to the operation.
(b) Suitable landing area, as defined in Sec. 136.1 of this
chapter, applies to powered-lift conducting commercial air tours.
(c) Critical change of thrust for purposes of this section means a
failure that would most adversely affect the performance or handling
qualities of an aircraft.
(d) No person may operate a powered-lift in a commercial air tour
unless that person complies with the regulations listed in the first
column of table 1 to this section, notwithstanding their applicability
to airplanes or rotorcraft, subject to the applicability provisions in
the second column, and any additional requirements or clarification
specified in the third column:
Table 1 to Sec. 194.308
----------------------------------------------------------------------------------------------------------------
Additional Requirements or
Regulation Applicability Clarification
----------------------------------------------------------------------------------------------------------------
Part 136, Subpart A National Air Tour Safety Standards
----------------------------------------------------------------------------------------------------------------
(1) Section 136.9.................... Applies to powered-lift used in commercial (i) Section 136.9(b)(2)
air tours over water beyond the applies to powered-lift
shoreline. operating in wing-borne
flight mode within power-off
gliding distance to the
shoreline for the duration
of the time that the flight
is over water.
(ii) Section 136.9(b)(3),
applies to multiengine
powered-lift that can be
operated with the critical
engine inoperative or while
experiencing a critical
change of thrust, 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
approved aircraft flight
manual for that aircraft.
(2) Section 136.11................... Applies to powered-lift used in commercial (i) Section 136.11(a)(1)
air tours over water beyond the applies to single-engine
shoreline. powered-lift.
(ii) Section 136.11(a)(2)
applies to multi-engine
powered-lift that cannot be
operated with the critical
engine inoperative or while
experiencing a critical
change of thrust, 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
approved aircraft flight
manual for that aircraft.
(3) Section 136.13................... Applies to powered-lift. .............................
(4) Section 136.75(a)................ Applies to all single-engine powered-lift .............................
conducting air tours in Hawaii beyond the
shore of any island.
(5) Section 136.75(b)................ Applies to powered-lift. .............................
(6) Section 136.75(c)................ Applies to powered-lift with an Aircraft Except for approach to and
Flight Manual containing height velocity transition from a hover, and
information. except for the purpose of
takeoff and landing, the PIC
of a powered-lift may only
operate such aircraft at a
combination of height and
forward speed (including
hover) that would permit a
safe landing in the event of
engine power loss or
critical change of thrust,
in accordance with the
height-speed envelope for
that powered-lift under
current weight and aircraft
altitude.
----------------------------------------------------------------------------------------------------------------
[[Page 92518]]
Sec. 194.309 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. 194.310 Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 91 of this chapter.
Table 1 to Sec. 194.310
----------------------------------------------------------------------------------------------------------------
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\
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. 194.311 Powered-lift in wing-borne flight mode, flight recorder
specifications under part 91 of this chapter.
Table 1 to Sec. 194.311
----------------------------------------------------------------------------------------------------------------
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\
unless higher
uniquely
required.
Pitch Control Position
[[Page 92519]]
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 ................. ................. 1 (prop Speed)... 1%.\3\
(Sample Once/Sec as Close 1 (torque)....... 1%.\3\
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). of usable range.
Radio Transmitter Keying On/Off........... ................. 1................
(Discrete).
TE Flaps (Discrete or Each discrete ................. 1................
Analog). position (U, D,
T/O, AAP) OR.
LE Flaps (Discrete or Analog 0-100% 3%... 1................ 1%.\3\
Analog). 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.
Sec. 194.312 Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 135 of this chapter.
Table 1 to Sec. 194.312
----------------------------------------------------------------------------------------------------------------
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.
[[Page 92520]]
Sec. 194.313 Powered-lift in wing-borne flight mode, flight recorder
specification under part 135 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 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\
unless higher
uniquely
required.
Or
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
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]
Appendix A to Part 194. Minimum Requirements for a Pilot Training
Program in a Powered-Lift Originally Type Certificated or Seeking Type
Certification With One Set of Controls and a Single Pilot Station
1. Applicability
(a) This appendix prescribes the minimum requirements to apply
for a pilot training program for the following ratings in a powered-
lift originally type certificated or seeking type certification with
one set of controls and a single pilot station:
(1) Powered-lift Category;
(2) Powered-lift Type;
(3) Instrument-Powered-lift.
(b) Notwithstanding the exceptions in Sec. 194.211, a person
utilizing the alternate pathway set forth in this appendix must
apply for all three ratings simultaneously.
[[Page 92521]]
2. Eligibility
(a) To utilize the alternate framework set forth by this
appendix, an applicant must be qualified in accordance with the
requirements set forth by Sec. 194.215(a).
(b) The alternate framework set forth in this appendix may only
be provided under a part 135, 141, or 142 approved training program.
3. Ground Training
(a) An applicant must receive and log all required ground
training set forth by Sec. Sec. 61.63(b) and 61.65(b) of this
chapter prior to receiving training in accordance with section 4. of
this appendix.
(b) Following the required ground training as set forth in
paragraph (a) of this section, an applicant must successfully
complete a written or oral check administered by the training
provider.
4. Simulator Training in a Level C or Higher Full Flight Simulator
Representative of a Powered-Lift With Single Controls and a Single
Pilot Station
(a) In lieu of flight training in a powered-lift with single
controls and a single pilot station, an applicant seeking a powered-
lift category rating, instrument rating, and a type rating may
complete all applicable flight training requirements prescribed in
part 61 of this chapter or the corresponding framework prescribed in
Sec. Sec. 194.217 through 194.235 (except for the cross-country
requirements in Sec. 194.233), as applicable, in a qualified Level
C or higher full flight simulator representative of the powered-lift
type with single controls and a single pilot station.
(b) Following the training set forth in paragraph (a) of this
section, the applicant must satisfactorily accomplish a check with a
check pilot, a training center evaluator, an authorized instructor,
instructor pilot, an FAA aviation safety inspector, or another
person authorized by the FAA to administer this check in a qualified
Level C or higher full flight simulator in accordance with the
approved training program. The check must consist of oral
questioning followed by the satisfactory performance of all 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, except those tasks waived in
accordance with Sec. 194.207(c).
5. Aircraft Familiarity Flight
(a) Within 90 days of an applicant's successful completion of
the check set forth by section 4.(b) of this appendix, the applicant
must observe an aircraft familiarity flight with an authorized
instructor.
(b) The aircraft familiarity flight must include the following
components:
(1) The authorized instructor must demonstrate the flight
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, except those tasks waived in
accordance with Sec. 194.207(c), in the aircraft in flight, and
(2) The applicant must have unobstructed visual sight of the
controls and instrumentation and maintain active communication with
the authorized instructor for the entire flight.
(c) The aircraft familiarity flight may occur during one flight
or over multiple flights.
(d) Following successful completion of the aircraft familiarity
flight, the authorized instructor may endorse the applicant to act
as pilot in command of the specific powered-lift to accomplish the
demonstration flight with an authorized instructor on board as set
forth in section 6.(a) of this appendix. The endorsement is valid
for 90 days from the date of successful completion of the full
flight simulator check set forth by section 4.(b) of this appendix.
6. Demonstration and Solo Flights
(a) Demonstration flight.
(1) After an applicant receives an endorsement to act as PIC in
accordance with section 5.(d) of this appendix, the applicant must
complete a demonstration flight under the direct observation of an
authorized instructor.
(2) The demonstration flight must include the following
components:
(i) The applicant must demonstrate the flight 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, except those tasks waived in accordance with Sec.
194.207(c), in the aircraft in flight, and
(ii) The authorized instructor must have unobstructed visual
sight of the controls and instrumentation and maintain active
communication with the applicant for the entire flight.
(3) The demonstration flight may occur during one flight or over
multiple flights.
(4) Upon determination that the applicant has demonstrated
satisfactory proficiency in the aircraft, the check pilot, training
center evaluator, authorized instructor, instructor pilot, FAA
aviation safety inspector, or another person authorized by the FAA
to administer this check may endorse the applicant to act as pilot
in command of the specific powered-lift to conduct solo flight in
accordance with paragraph (c) of this section. The endorsement is
valid for 90 days from the day the demonstration flight is
successfully completed.
(b) Failure to complete demonstration flight during endorsement
period.
(1) If the applicant does not successfully complete the
demonstration flight in paragraph (a) of this section within the 90-
day endorsement period, the applicant may receive another
endorsement by:
(i) Completing a demonstration of proficiency in the full flight
simulator consisting of the tasks and maneuvers set forth by section
10. of this appendix, in addition to any maneuvers or procedures
deemed necessary by the check pilot, training center evaluator,
authorized instructor, instructor pilot, an FAA aviation safety
inspector, or other person authorized by the FAA to administer this
check to ensure proficiency, and
(ii) Completing an aircraft familiarity flight meeting the
requirements of section 5.(b) of this appendix.
(2) After the applicant meets the requirements of paragraph
(b)(1) of this section, the applicant may receive another
endorsement for the applicant to act as pilot in command of the
specific powered-lift to accomplish the demonstration flight with an
authorized instructor on board as set forth in section 6.(a) of this
appendix. This endorsement is valid for 90 days from the day the
demonstration of proficiency in the full flight simulator was
successfully completed.
(c) Solo Flights. After an applicant receives an endorsement to
conduct solo flights in accordance with section 6.(a)(4) of this
appendix, the applicant must complete 20 hours of solo flight in the
aircraft, which must include:
(1) 10 hours of solo flight time in accordance with Sec.
61.129(e)(4) or the corresponding alternate provision set forth in
Sec. Sec. 194.217 through 194.231 of this part;
(2) 10 hours of solo flight time that 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; and
(3) The alternate cross-country aeronautical experience
requirements prescribed in Sec. 194.233 of this part.
(d) Lapse of endorsement for solo flights. If the applicant does
not successfully complete the solo flight time required in paragraph
(c) of this section within the 90-day endorsement period, the
applicant may receive another 90-day endorsement by satisfying the
requirements of paragraph (d)(1) or (2) of this section, as
applicable.
(1) If the applicant seeks to renew the endorsement for another
90-day period and is within the 90-day period of the original
endorsement, the applicant must complete a demonstration flight
consisting of the tasks and maneuvers set forth by section 10. of
this appendix, in addition to any maneuvers or procedures deemed
necessary by the check pilot, training center evaluator, authorized
instructor, instructor pilot, FAA aviation safety inspector, or
another person authorized by the FAA to ensure proficiency.
(2) If the applicant seeks another endorsement outside the 90-
day period of the original endorsement, the applicant must:
(i) The applicant must satisfactorily complete a demonstration
of proficiency in the full flight simulator consisting of the tasks
and maneuvers set forth by section 10. of this appendix, in addition
to any maneuvers or procedures deemed necessary by the authorized
instructor to ensure proficiency, successful completion of which
will result in a 90-day endorsement to accomplish a demonstration
flight with an authorized instructor on board; and
(ii) The applicant must complete a demonstration flight with a
check pilot, training center evaluator, authorized instructor,
instructor pilot, FAA aviation safety inspector, or another person
authorized by the FAA to administer this check consisting of the
tasks and maneuvers
[[Page 92522]]
set forth by section 10. of this appendix, in addition to any
maneuvers or procedures deemed necessary by the authorized
instructor to ensure proficiency.
7. Practical Test
(a) The applicant may meet the training requirements of Sec.
61.129(e)(3)(iv) in a Level C or higher FFS.
(b) A person who uses a flight simulator or flight training
device for any portion of the practical test in accordance with
Sec. 61.64(a) of this chapter after training in accordance with
this appendix and does not meet the requirements of Sec. 61.64(e)
of this chapter will--
(1) Receive a limitation that states ``the certificate is
subject to certain pilot in command limitations,'' in lieu of the
limitation set forth by Sec. 61.64(f); and
(2) Be restricted from the carriage of persons or property other
than necessary for the conduct of the flight.
(c) The limitation described under paragraph (b) of this section
may be removed from the pilot certificate by meeting the
requirements set forth in section 8. of this appendix.
8. Supervised Operating Experience for a Powered-Lift With Single
Controls and a Single Pilot Station
(a) The limitation set forth in paragraph 7.(b) of this appendix
may be removed if the pilot complies with the following:
(1) Performs 10 hours of flight time in an aircraft of category
and type for which the limitation applies under the observation of a
pilot who holds a category and type rating without limitations for
the aircraft, maintaining full communication with the observing
pilot;
(2) Logs each flight and the observing pilot attests in writing
to each flight; and
(3) Presents evidence of the supervised operating experience to
any examiner or Flight Standards office to have the limitation
removed.
(b) The flight time required in paragraph (a)(1) of this section
must include a cross-country flight in a powered-lift under
instrument flight rules on a flight plan filed with an air traffic
control facility that involves--
(i) A flight of at least 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.
(c) The observing pilot must have unobstructed visual sight of
the controls and instrumentation.
9. Deviation Authority
The Administrator may authorize a deviation from the simulator
qualification requirement in section 4. of this appendix stipulating
that training must be completed in a qualified Level C or higher
full flight simulator upon a determination by the Administrator
that--
(a) The alternative training device is of adequate fidelity to
be used as a substitution for in-aircraft flight training; and
(b) The effectiveness and objectives of the training program can
be met utilizing the alternative training device.
10. Maneuvers and Procedures Required for Certain Flights Prescribed by
This Appendix
This section sets forth the maneuvers and procedures required
for flights required in accordance with sections 6.(b)(1)(i),
6.(d)(1), 6.(d)(2)(i), and 6.(d)(2)(ii) of this appendix, except
those maneuvers and procedures under tasks waived in accordance with
Sec. 194.207(c).
(a) Proper flight preparation procedures, including preflight
planning and preparation, powerplant operation, and aircraft
systems;
(b) Taxiing or surface operations, including runups;
(c) Takeoffs and landings, including normal and crosswind;
(d) Straight and level flight, and turns in both directions;
(e) Climbs and climbing turns;
(f) Airport traffic patterns, including entry and departure
procedures;
(g) Collision avoidance, windshear avoidance, and wake
turbulence avoidance;
(h) Descents with and without turns;
(i) Flight at various airspeeds from cruise to slow flight;
(j) Stall entries from various flight attitudes and power
combinations with recovery initiated at the first indication of a
stall, and recovery from a full stall;
(k) Emergency procedures and equipment malfunctions;
(l) Ground reference maneuvers;
(m) Approaches to a landing with simulated engine malfunctions;
(n) Go-arounds;
(o) Approaches to the landing area;
(p) Hovering and hovering turns; and
(q) For a multiengine powered-lift, simulated one-engine-
inoperative approaches and landings.
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 October 22, 2024.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-24886 Filed 11-20-24; 8:45 am]
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