Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes, 38946-39105 [2023-11497]
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 43, 60, 61, 91, 97, 111,
135, 136, 141, 142, and 194
[Docket No. FAA–2023–1275; Notice No. 23–
8]
RIN 2120–AL72
Integration of Powered-Lift: Pilot
Certification and Operations;
Miscellaneous Amendments Related to
Rotorcraft and Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes a
Special Federal Aviation Regulation for
alternate eligibility requirements to
safely certificate initial groups of
powered-lift pilots, as well as determine
which operating rules apply to
powered-lift on a temporary basis to
enable the FAA to gather additional
information and determine the most
appropriate permanent rulemaking path
for these aircraft. Powered-lift will be
type certificated as special class aircraft
under the existing regulations.
Currently, there is not an established
path for civilian pilots to be certificated
with a powered-lift category rating. The
general and commercial operating
regulations do not contemplate
operation of powered-lift. In addition to
proposed changes for powered-lift, this
action also proposes changes that would
affect practical tests in aircraft that
require type ratings, including airplanes
and helicopters, training center
rotorcraft instructor eligibility, training,
and testing requirements, and training
center use of rotorcraft in flight
instruction.
SUMMARY:
Send comments on or before
August 14, 2023.
ADDRESSES: Send comments identified
by docket number FAA–2023–1275
using any of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
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DATES:
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Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
time. Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Christina Grabill, AFS–810, Federal
Aviation Administration, 800
Independence Ave. SW, Washington,
DC 20591; telephone (202) 267–1110;
email christina.grabill@faa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Aircraft Certification
B. Airman Certification
C. Operational Requirements
D. International Operation of Powered-Lift
E. Summary of the Costs and Benefits
F. SFAR Framework and Duration
II. Authority for This Proposed Rulemaking
III. Background
A. General
B. Related Rulemakings
C. Part 1 Considerations
IV. Powered-Lift Type Certification and
FSTD Qualification
A. Type Certification
B. Noise Considerations
C. Qualification of Powered-Lift Flight
Simulation Training Devices (FSTD)
V. Certification of Powered-Lift Pilots
A. Establish a Type Rating Requirement for
Persons Seeking To Act as PIC of
Powered-Lift
B. Applicability of the Type Rating
Requirement to Military Pilots
C. Applicability of the SIC Qualification
Requirements of § 61.55 to Powered-Lift
D. Supervised Operating Experience
Requirements of § 61.64
E. Establish an Alternate Pathway for Pilot
Certification
F. Training in an Approved Program Under
Parts 135, 141, and 142
G. Practical Tests
H. Miscellaneous Amendments
I. Part 135 Pilot Qualifications
J. Part 142 Training Centers
K. Subpart K of Part 91 Pilot Qualifications
L. Summary of Proposed Regulatory
Changes for Airmen
VI. Operational Rules for Powered-Lift
A. Introduction
B. Part 91 Rules for Powered-Lift
C. Part 97 Rules for Powered-Lift
D. Part 135 Rules for Powered-Lift
E. Part 136 Rules for Powered-Lift
F. Part 43 Applicability to Powered-Lift
G. Pilot Records Database
VII. Air Traffic Operations
VIII. International Operations for PoweredLift
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A. Personnel Licensing
B. Operations of Aircraft
C. Airworthiness of Aircraft
IX. Regulatory Notices and Analyses
A. Data and Assumptions
B. Summary of the Regulatory Impact
Analysis
C. Regulatory Flexibility Act
D. International Trade Impact Assessment
E. Unfunded Mandates Assessment
F. Paperwork Reduction Act
G. International Compatibility
H. Environmental Analysis
I. Regulations Affecting Intrastate Aviation
in Alaska
X. Executive Order Determinations
A. Executive Order 14036, Promoting
Competition in the United States
Economy
B. Executive Order 13985, Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government
C. Executive Order 13132, Federalism
D. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
E. Executive Order 13211, Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
F. Executive Order 13609, Promoting
International Regulatory Cooperation
XI. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement
Fairness Act
Abbreviations and Acronyms Used in
This Document
ACO—Aircraft Certification Office
ACS—Airman Certification Standards
ALPA—Air Line Pilots Association
APD—Aircrew Program Designee
AIH—Aviation Instructor’s Handbook
AQP—Advanced Qualification Program
ATC—Air Traffic Control
ATP—Airline Transport Pilot
ATO—Air Traffic Organization
CAMP—Continuous Airworthiness
Maintenance Program
CFIT—Controlled Flight Into Terrain
CFR—Code of Federal Regulations
CLOA—Certificate and Letter of Authority
CVR—Cockpit Voice Recorder
DPE—Designated Pilot Examiner
GPS—Global Positioning System
GPWS—Ground Proximity Warning Systems
ELT—Emergency Locator Transmitter
ERT—Extended Review Team
FDR—Flight Data Recorder
FFS—Full Flight Simulator
FSB—Flight Standardization Board
FSBR—Flight Standardization Board Report
FSTD—Flight Simulation Training Device
FTD—Flight Training Device
HAA—Helicopter Air Ambulance
HTAWS—Helicopter Terrain Awareness
Warning System
ICAO—International Civil Aviation
Organization
IFR—Instrument Flight Rules
IMC—Instrument Meteorological Conditions
IOE—Initial Operating Experience
IPC—Instrument Proficiency Check
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
LOA—Letter of Authorization
MDA—Minimum Descent Altitude
MCTW—Maximum Certificated Takeoff
Weight
MEL—Minimum Equipment List
MFD—Multifunction Display
MGTOW—Maximum Gross Takeoff Weight
MMEL—Master Minimum Equipment List
NAS—National Airspace System
NPRM—Notice of Proposed Rulemaking
NM—Nautical Mile
NSP—National Simulator Program
NTSB—National Transportation Safety Board
OEM—Original Equipment Manufacturer
PA—Public Address System
PDP—Professional Development Program
PIC—Pilot in Command
PFD—Primary Flight Display
POI—Principal Operations Inspector
PTS—Practical Test Standards
QPS—Qualification Performance Standards
RPA—Rules of Particular Applicability
SARPs—Standards and Recommended
Practices
SFAR—Special Federal Aviation Regulation
SIC—Second in Command
SOE—Supervised Operating Experience
SVO—Simplified Vehicle Operations
TAPL—Technically Advanced Powered-Lift
TAWS—Terrain Awareness and Warning
System
TC—Type Certificate
TCE—Training Center Evaluator
TCDS—Type Certificate Data Sheet
VFR—Visual Flight Rules
VMC—Visual Meteorological Conditions
VTOL—Vertical Takeoff and Landing
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I. Executive Summary
This proposed rule would establish
the requirements for pilot certification
and operation of powered-lift. Poweredlift 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 typecertificated powered-lift in civil
operations; however, there are several
applicants seeking type certificates for
such aircraft.1
Several of the powered-lift that the
FAA expects to come to the civilian
1 The General Aviation Manufacturers
Association (GAMA) made several contacts with the
FAA during the course of this rulemaking. On July
21, 2022, the General Aviation Manufacturers
Association submitted a letter to the FAA providing
its recommendations regarding consensus standards
for powered-lift. The FAA did not take these
recommendations into consideration while
developing this NPRM. The FAA has placed a copy
of this letter in the docket for this rulemaking. On
August 17, 2022, the FAA met with GAMA to
discuss eVTOL Entry Into Service. The FAA did not
take into account the contents of this meeting while
developing this NPRM.
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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-topoint as an air ambulance, and
transporting passengers in concentrated
urban environments as an air taxi.
To safely integrate powered-lift in the
national airspace system (NAS), the
FAA proposes to make permanent
changes to parts 61, 135, and 142 to
train and certificate powered-lift pilots
and instructors, as well as temporary
changes through a Special Federal
Aviation Regulation (SFAR) that would
supplement existing rules, create
temporary alternatives for airman
certification, remove operational
barriers, and mitigate safety risks for
powered-lift. As discussed in section
I.F, the FAA proposes a duration of 10
years for the SFAR.
Powered-lift will also be utilized to
support the deployment of advanced air
mobility (AAM) operations. AAM is an
umbrella term for an air transportation
system that moves people and cargo
using revolutionary new aircraft. These
aircraft are often referred to as air taxis
or electric Vertical Takeoff and Landing
(eVTOL) aircraft. Congress has recently
directed the Department of
Transportation to establish an advanced
air mobility working group to plan for
and coordinate efforts to integrate
advanced air mobility aircraft into the
national airspace system through the
Advanced Air Mobility Coordination
and Leadership Act.2 This rulemaking is
an important step in facilitating the
integration of powered lift and AAM
into the NAS. As discussed further in
section X of this preamble, the proposed
rule would promote competition and
equity in air travel by enabling
powered-lift and AAM to enter the
market.
A. Aircraft Certification
The FAA is not proposing to establish
any new requirements for the type
certification of powered-lift, nor is it
proposing to revise existing type
certification requirements. The FAA has
determined that existing aircraft
certification requirements are sufficient
to type certificate powered-lift as a
special class under 14 CFR 21.17(b).
The special class process allows the
FAA to address the novel features of
unique and nonconventional aircraft
without the need for additional
processes such as special conditions or
2 Public
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Law 117–203, 136 Stat. 4441.
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exemptions that would be required if
the FAA used the airworthiness
standards already in place. Under the
special class process, the FAA
designates applicable airworthiness
requirements as the certification basis
for each aircraft design, including its
engines and propellers. This designation
of applicable airworthiness
requirements may include requirements
from the existing airworthiness
standards applicable to normal category
and transport category airplanes, normal
category and transport category
rotorcraft, aircraft engines and
propellers (parts 23, 25, 27, 29, 33, and
35), and it may also include unique
airworthiness criteria developed
specifically for the individual product.
The FAA will publish the proposed
airworthiness criteria, along with an
explanation of its equivalency
determination, in the Federal Register
for public notice and comment for each
powered-lift project.
The aircraft certification requirements
are discussed in more detail in section
IV of this preamble.
B. Airman Certification
Although the FAA has existing
regulations in part 61 for training and
certificating powered-lift flight
instructors and pilots, those regulations
do not adequately address the unique
challenges of introducing a new
category of aircraft to civil operations.
First, the existing regulations did not
anticipate the diversity in design of the
powered-lift that are beginning to work
through the aircraft certification
process. Second, the existing
aeronautical experience requirements
for powered-lift contain roadblocks for
training and certificating the initial
cadre of powered-lift flight instructors
and pilots. In addition to the challenges
with the existing regulations in part 61,
the regulations for certain commercial
operations in part 135 do not contain
specific regulations addressing
qualifications for powered-lift pilots
which creates a safety gap when
compared to the part 135 requirements
for pilots of airplanes and helicopters.
The intention expressed by industry
to introduce these aircraft immediately
into passenger-carrying commercial
operations has made more urgent the
need to reconsider the existing airman
regulations for powered-lift and address
the absence of specific regulations for
pilots in part 135. The FAA requires and
the public expects that commercial
operations be conducted with the
highest regard for safety and by pilots
who have extensive experience flying
the particular category of aircraft in
which paying passengers will be
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transported. To maintain a level of
safety commensurate with that expected
for airplanes and helicopters, the FAA
is proposing new requirements for pilots
to hold type ratings for each poweredlift they fly and proposing qualification
requirements for powered-lift pilots
serving in part 135. To address the
obstacles to airman certification in
existing regulations, the FAA is
proposing alternatives to certain
requirements in part 61 to facilitate the
training and certification of the initial
cadre of powered-lift instructors and
powered-lift pilots.
1. Type Rating
The lack of commonality in the design
of powered-lift creates challenges for
pilot training and certification. The
powered-lift coming to the civilian
market have complex and unique
design, flight, and handling
characteristics with varying degrees of
automation. Because each powered-lift
can have different configurations,
unique inceptors, diversified flight
controls, and complicated and
distinctive operating characteristics, the
FAA has determined that, unlike
airplanes and rotorcraft, it is not feasible
to establish classes within the poweredlift category at this time. As such, the
FAA is proposing to require pilots to
hold a type rating for each powered-lift
they fly.3 This proposal would ensure
that the pilot in command (PIC) has
received specific training on the unique
aspects of each powered-lift and
demonstrated proficiency during a
practical test conducted by an FAA
examiner. The proposed type rating
requirement would also conform to the
type rating standard established by the
International Civil Aviation
Organization (ICAO).
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2. Flight Instructors
Flight instructors form the backbone
of the airman certification framework.
Every individual that learns to fly
begins by obtaining flight training from
an authorized instructor on the basic
maneuvers, flight controls, and
instruments of a particular category of
aircraft (e.g., airplanes). The FAA
recognizes that, once the first poweredlift achieve type certification, there will
3 If a manufacturer develops a powered-lift that is
sufficiently similar to another powered-lift such
that there is enough commonality in how they
perform and handle for pilots (e.g., flight controls),
it is possible for those powered-lift to share a type
rating. Based on what is being manufactured now,
the FAA does not expect this to be a possibility in
the near term. Should this realize, the FAA would
determine whether a powered-lift should share a
type rating with another powered-lift during the
FSB process, which is discussed in section V.H of
this preamble.
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be an insufficient number of qualified
flight instructors to provide training to
the pilots who will need to obtain
certificates and ratings necessary to
serve in powered-lift operations. For
this reason, the FAA is proposing to
allow certain pilots employed by the
manufacturer to obtain the necessary
training and experience for powered-lift
through the test flights and crew
training activities necessary for aircraft
certification. Once the manufacturer’s
personnel obtain the necessary ratings,
they would form the initial cadre of
instructors who could conduct
certification training in the
manufacturer’s aircraft for certain
instructor personnel at part 141 pilot
schools, part 142 training centers, and
part 135 operators. These instructors
under parts 141, 142, and 135 would
then develop the curricula for the initial
powered-lift training at their respective
organizations.
The reliance on manufacturers to
provide the initial training in a new
aircraft is not without precedent in
aviation. For years, manufacturers of
new types of airplanes or rotorcraft have
provided the necessary training for the
initial cadre of pilots who will fly the
new aircraft type (e.g., B–787). In fact,
a number of manufacturers hold air
agency certificates under parts 141 and
142 for the purpose of providing this
type of flight training to the pilots of
prospective customers. As explained in
greater detail later in this preamble, the
current proposal provides flexibility for
powered-lift manufacturers to conduct
training that would facilitate the
qualification of flight instructors and
promote the use of their aircraft.
3. Pilots
Even with sufficient qualified flight
instructors, the existing airman
certification rules for powered-lift
present obstacles for persons seeking to
accomplish the training and experience
necessary to obtain the certificates and
ratings for commercial operations. In
response to industry concerns, the FAA
is proposing alternate requirements for
meeting pilot in command (PIC) flight
time and cross-country flight time
requirements in part 61 and expanding
the opportunity for pilots to obtain
powered-lift ratings at the commercial
pilot certificate level through part 135
training programs. Most of the
alternative requirements would be
available only to pilots who already
hold a commercial pilot certificate and
an instrument rating for another
category of aircraft. In addition,
although no FSTDs representing
powered-lift are currently qualified, the
FAA anticipates near-term qualification
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of such devices and is proposing to
allow increased flight training
opportunities through simulation.
4. Part 135 Pilot Qualifications
With the recent issuance of a separate
NPRM that proposes to enable poweredlift operations in part 135, the FAA is
proposing permanent changes in this
NPRM to training and qualification
requirements for pilots to align with the
requirements established for pilots of
airplanes and rotorcraft in part 135.
These proposals include ATP
certification and operating experience in
make and model of powered-lift for PICs
in commuter operations, part 121
training requirements for pilots who
serve in commuter operations in certain
powered-lift, and instrument ratings for
all powered-lift pilots in part 135
operations. In addition to proposing to
allow a part 135 operator to develop and
provide training for powered-lift pilot
certification at the commercial pilot
level, the FAA is proposing to permit
successful completion of part 135 pilot
checks to be used to meet the practical
test requirements for powered-lift
ratings subject to certain conditions.
5. Dual Controls
Since 1938, aviation regulations have
required aircraft to have dual controls
for operations involving flight training.
This requirement prevents a person not
rated or inexperienced in an aircraft
from having sole responsibility for the
flight and permits a PIC to directly
intervene when necessary in the interest
of safety. The FAA is aware that some
manufacturers have or intend to design
powered-lift with a single set of
controls. Because the FAA is proposing
that all powered-lift would require the
pilot to hold a type rating for the
aircraft, a person would be required to
receive training for a type rating in the
specific powered-lift for the type rating
sought, meaning the powered-lift must
have a dual set of controls for flight
training under § 91.109. To the extent
that manufacturers have suggested that
there are alternate safe means to
conduct flight training without a dual
set of controls, the FAA finds that those
means have not been demonstrated or
validated to a level that would allow the
FAA to propose relief from the
requirement to conduct flight training
with a dual set of controls. The FAA
invites public comments on this
determination. Specifically:
• How would a flight instructor
provide flight training in powered-lift
with only a single set of flight controls
without adversely affecting safety?
• How would an applicant meet the
supervised operating experience
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
requirements with a single set of flight
controls in powered-lift? 4
• How would an operator fully
qualify pilots for air carrier operations
in an aircraft without dual flight
controls while meeting the enhanced
safety standard that is expected of air
carrier operations?
Please provide any relevant data or
technical analyses that could assist the
FAA in evaluating these comments.
6. Impacts to Rotorcraft Training at Part
142 Training Centers
The FAA is also proposing some
permanent changes that, in addition to
establishing requirements for poweredlift, would affect certain part 142
training in FSTDs that represent
rotorcraft. These proposed changes
would harmonize requirements for
airplanes, powered-lift and rotorcraft in
part 142 with regard to training in an
FSTD that represents an aircraft that
requires the pilot to hold a type rating.
In some instances, these proposed
changes would provide additional
flexibility to training and qualification
for rotorcraft instructors consistent with
allowances for airplane instructors and
provide training and testing for
rotorcraft instructors that is more
specifically focused on rotorcraft,
instead of airplanes.
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C. Operational Requirements
Currently, parts 43 (Maintenance,
Preventive Maintenance, Rebuilding,
and Alteration), 91 (General Operating
and Flight Rules), 97 (Standard
Instrument Procedures), 135 (Operating
Requirements: Commuter and on
Demand Operations and Rules
Governing Persons on Board Such
Aircraft), and 136 (Commercial Air tours
and National Parks Air Tour
Management) include regulatory
requirements applicable to aircraft,
generally, and do not specify
applicability to a particular kind of
aircraft (i.e., airplane, rotorcraft,
powered-lift). Accordingly, these
provisions currently apply to poweredlift.
In order to mitigate the safety gaps
that exist due to the absence of
operational regulations specifically
applicable to powered-lift, the FAA
4 A person subject to a supervised operating
experience (SOE) limitation my not act as PIC of an
aircraft but must perform the duties of PIC under
the supervision of a qualified PIC. The FAA
considers a person to be performing the duties of
a PIC when the person performs all the functions
of the PIC including landings and takeoffs, en route
flying, low approaches, and ground functions. See
Legal Interpretation to Duncan (Apr. 13, 2012). As
such, both the PIC (the person responsible for the
safe conduct of the flight) and the person
completing SOE need access to flight controls.
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proposes, through the SFAR, to apply
specific airplane, rotorcraft, and
helicopter rules contained in parts 43,
91, 97, 135, and 136 to powered-lift as
appropriate. The FAA conducted a
comprehensive review of the
operational rules, taking into
consideration the anticipated
capabilities of powered-lift and the lack
of operational data. Each rule was
evaluated to determine whether the
airplane or the rotorcraft/helicopter
provisions would maintain a level of
safety for powered-lift operations as is
provided in the current rules. Based on
this review, the FAA asserts that the
proposed provisions will maintain an
equivalent level of safety for operations
conducted in powered-lift to those
conducted in airplanes, rotorcraft, or
helicopters.
Specifically, under part 91, the FAA
proposes applying airplane rules, except
for the helicopter provisions of
§§ 91.126(b)(2) and 91.129(f)(2), when a
powered-lift is operating in vertical-lift
flight mode. These two regulations
require helicopters, when conducting
approaches, to avoid the flow of fixedwing aircraft in Class G and Class D
airspace, respectively. This proposal
would provide the flexibility for
powered-lift operators capable of
landing vertically to land at most
helicopter pads and heliports.5
Under part 135, the FAA proposes
applying airplane rules, except for
helicopter- or rotorcraft-specific
regulations that outline: certain
equipment requirements; certain
emergency equipment and passenger
briefing requirements for overwater
operations; certain VFR or IFR
requirements; requirements for
operations in icing conditions; and
certain airport requirements, as well as
requirements for operating in remote
areas. The FAA also proposes to require
powered-lift operators conducting
operations similar to helicopter air
ambulance operations to utilize the
requirements applicable to such
operations in part 135. The FAA also
proposes to make a permanent change to
the regulatory requirements for the Pilot
Records Database contained in part 111
to include powered-lift as a qualifying
aircraft to meet the threshold
requirement of whether a person
operating in furtherance of a business
needs to report pilot records to the Pilot
Records Database.
In general, the FAA applies
operational requirements specific to
helicopter operations within part 136 to
5 See section VI.A.1 for further discussion of
‘‘heliport’’ and the FAA’s published interim
guidance for vertiport design.
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powered-lift operations because the
FAA expects powered-lift will hover
and operate similarly to helicopters
when conducting air tours, except when
relying on horizontal lift. Accordingly,
for operational requirements related to
cruise flight in wing-borne flight mode,
the FAA applies airplane specific
requirements because of a powered-lift’s
expected similarity to an airplane in
that operational circumstance.
The FAA also proposes to allow
powered-lift operators to use Copter
Procedures as defined in part 97 if the
aircraft has been type-certificated and
equipped to utilize those procedures.
That capability will be identified in the
limitations section of the aircraft flight
manual along with any other specific
limitations and procedures necessary for
safe operation of the aircraft.
For purposes of maintenance,
preventive maintenance, rebuilding, and
alteration, the FAA proposes to apply
the current requirements under part 43,
with only two modifications. First, the
FAA proposes to apply the preventive
maintenance requirements available to
certificate holders operating rotorcraft
under part 135 in remote areas, to
certificate holders operating poweredlift under part 135 in remote areas. If
approved by the Administrator, a
certificate holder operating powered lift
under part 135 would be permitted to
allow a pilot who has completed
training to perform certain specific
preventive maintenance items.6 Second,
the FAA proposes that in lieu of
complying with § 43.15(b), each person
performing an inspection required by
part 91 on a powered-lift, must inspect
‘‘critical parts’’ in accordance with the
maintenance manual or Instruction for
Continuous Airworthiness, or as
otherwise approved by the
Administrator. The FAA proposes that
‘‘critical part’’ have the same meaning as
provided in §§ 27.602 and 29.602.
The operational requirements for
powered-lift are discussed in more
detail in section VI of this preamble.
D. International Operation of PoweredLift
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices (SARPs) to the
maximum extent practicable.
The FAA proposes to amend part 61
to require powered-lift pilots to have a
type rating, which meets the standards
outlined in ICAO Annex 1, Personnel
6 The pilot must complete training under an
approved training program. 14 CFR 43.3(h)(2).
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Licensing. Under parts 91 and 135, the
FAA requires U.S. operators to comply
with ICAO Annex 2, Rules of the Air.
ICAO Annex 8, Airworthiness of
Aircraft, is silent on powered-lift;
however, the FAA designates poweredlift as special class aircraft for type
certification in accordance with
§ 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 poweredlift that are type-certificated with a
standard airworthiness certificate and
conduct their operations in accordance
with the standards outlined in Annex 2
would be eligible to operate over the
high seas.
The requirements for the international
operation of powered-lift are discussed
in more detail in section VIII of this
preamble.
E. Summary of the Costs and Benefits
Operations with powered-lift are
anticipated to offer benefits over
traditional airplanes and rotorcraft. A
report published by the U.S.
Government Accountability Office
(GAO) stated that many of these newer
category of aircraft could be easier to
design, simpler to construct, less
complicated to maneuver, quieter to fly,
and more economical to operate
compared to traditional aircraft.7 Many
use cases for these aircraft are
envisioned, and this rulemaking is a
step toward those use cases coming to
realization.
While operators choosing to conduct
operations with powered-lift would
incur costs to comply with regulations
proposed in this NPRM, these costs
would be on a scale equivalent to those
incurred by operators choosing to
conduct operations with airplanes or
rotorcraft under similar regulations.
Likewise, costs imposed on individuals
that choose to accomplish the required
training and testing required to hold an
airman certificate with a type rating in
the powered-lift category would be on a
scale equivalent to those incurred by
individuals accomplishing training and
testing to hold an airman certificate
with a type rating in the airplane or
rotorcraft category. In other words, the
costs imposed on operators and
individuals that choose to comply with
regulations proposed by this rule would
be no more burdensome than the costs
incurred by entities and individuals
complying with corresponding airplane
and rotorcraft regulations that are
already in effect.
However, to address the significant
operational differences between each
powered-lift, the FAA is proposing to
require the PIC of a powered-lift to hold
a type rating for the aircraft. The FAA
has determined that requiring persons to
hold type ratings for powered-lift would
establish the appropriate level of safety,
greater than would be established by
only holding a powered-lift category
rating, by ensuring persons receive
adequate training and are tested on the
unique design and operating
characteristics of each powered-lift.8
The proposals in this NPRM can
generally be grouped by those rules
affecting airman certification and those
rules enabling powered-lift to conduct
operations under parts 91, 97, 135, and
136. For certification of airmen with a
type rating in powered-lift, the FAA
proposes alternative aeronautical
experience and logging requirements.
For the operational rules, the FAA
proposes to apply specific airplane,
rotorcraft, or helicopter rules to
powered-lift, as appropriate. The FAA
performed an analysis of each proposal
in this NPRM and its impact. An
overview of this analysis is included in
the Regulatory Evaluation portion of
this preamble. A regulatory impact
analysis has also been prepared for this
NPRM and can be found in the docket
for this proposed rule.
The following table presents a
summary of the primary estimates of the
quantified costs of this rule, as well as
estimates for a pessimistic and
optimistic scenario. This analysis
provides a range of costs from low to
high based on these scenarios. The FAA
considers the primary estimate of costs
to be the base scenario. For the primary
estimate, over a 10-year period of
analysis this rule would result in
present value costs of about $30.5
million at a three percent discount rate
with annualized net costs of about $3.6
million. At a seven percent discount
rate, the present value net costs are
about $24.1 million with annualized net
costs of $3.4 million.
Additional details are provided in the
Regulatory Evaluation section of this
proposed rule and in the Regulatory
Impact Analysis available in the docket
for this rulemaking.
TABLE 1—QUANTIFIED COSTS OF NPRM
[Millions $] *
10-Year
present value
(3%)
Forecast scenario
Base—Primary Estimate ..................................................................................
Pessimistic .......................................................................................................
Optimistic .........................................................................................................
Annualized
(3%)
$30.5
27.4
33.7
$3.6
3.2
4.0
10-Year
present value
(7%)
$24.1
21.0
27.3
Annualized
(7%)
$3.4
3.0
3.9
Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent discount rates per Office of
Management and Budget (OMB) guidance.
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F. SFAR Framework and Duration
The NPRM will enable powered-lift
operations on a temporary basis and
provide the FAA an opportunity to
assess the operations and establish a
comprehensive regulatory scheme.
In the past, when the FAA has found
that it lacks sufficient experience
regarding new operations, the use of an
SFAR has been an effective way to gain
such experience while enabling some
degree of limited operations. Such
SFARs have typically temporarily
enacted conservative safety approaches
to enabling operations, allowing both
the FAA and industry to observe those
operations and then subsequently make
safety improvements in a later
permanent change to the regulations. An
example of this approach exists within
7 Transforming Aviation: Stakeholders Identified
Issues to Address for ‘Advanced Air Mobility’ | U.S.
GAO.
8 Official FAA forecasts related to the operation
of powered-lift in the NAS have yet to be
developed. Thus, a forecast for the number of pilots
expected to conduct operations under part 135 or
91 was prepared solely to estimate costs imposed
by this proposed SFAR. These costs include adding
a type rating for powered-lift to an airman
certificate. At this time, forecasts do not include an
estimate for individuals seeking to operate
powered-lift for personal use. Forecasts were
developed using publicly available data related to
orders and options for powered-lift.
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the FAA’s SFAR No. 29, which dealt
with instrument helicopter operations.
In considering this approach, the FAA
recognizes that several limited
permanent changes will need to be
made to various regulations to enable a
more comprehensive SFAR covering
powered-lift. This NPRM proposes both
limited permanent changes and an
SFAR to facilitate powered-lift
operations and permit the FAA to gather
data and better understand what a
comprehensive permanent regulatory
framework should look like.
Because the SFAR will affect several
parts of 14 CFR, the FAA has
determined that the most clear and
comprehensive regulatory approach is
through the creation of a new part to
wholly contain the proposed SFAR.
Specifically, the FAA proposes to add a
new part 194, titled ‘‘Special Federal
Aviation Regulation No. 120—Powered
Lift: Pilot Certification and Training;
Operations Requirements,’’ to 14 CFR
under new subchapter L, titled ‘‘Other
Special Federal Aviation Regulations.’’
New part 194 would utilize the
traditional regulatory structure to
supplement existing rules, create
temporary alternatives for airman
certification, remove operational
barriers, and mitigate safety risks for
powered-lift. As a result, requisite
applicability revisions are proposed to
parts 43, 60, 61, 91, 97, 111, 135, 136,
141, and 142 to clearly communicate
that current regulations are intended to
operate in tandem with proposed part
194, as subsequently discussed in this
preamble. The FAA considers this
approach to be consistent with previous
rulemakings where, at initial inception,
rotorcraft and helicopter regulations had
similar requirements to the airplane
rules. Helicopters were given relief or
granted other minimums unique to their
operation after an evaluation period
provided by an SFAR.
The FAA is proposing that the SFAR
be in effect for ten years after
finalization of this proposed
rulemaking. In selecting ten years as the
appropriate duration for this SFAR, the
FAA considered a number of factors
including the time it will take to initiate
operations after the adoption of this
notice of proposed rulemaking (NPRM)
as a final rule, considering the type
certification status of the powered-lift
that are commercially viable. After
operators initiate commercially viable
operations, the FAA also considered the
appropriate length of time to collect
operational data, and then complete a
subsequent rulemaking to implement
permanent amendments.
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II. Authority for This Proposed
Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code. Subtitle I, Section
106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the FAA’s authority.
The FAA is issuing this proposal
under the authority described in
Subtitle VII, Part A, Subpart i, Section
40113, Administrative, and Subpart iii,
Section 44701, General Requirements;
Section 44702, Issuance of Certificates;
Section 44703, Airman Certificates;
Section 44704, Type Certificates,
Production Certificates, Airworthiness
Certificates, and Design and Production
Organization Certificates; Section
44705, Air Carrier Operating
Certificates; and Section 44707,
Examination and Rating of Air
Agencies. Under these sections, the
FAA prescribes regulations and
minimum standards for practices,
methods, and procedures necessary for
safety in air commerce, including the
authority to examine and rate civil
schools and prescribe regulations to
ensure the competency of instructors.
The FAA is also authorized under these
sections to issue certificates, including
airman certificates, type certificates, and
air carrier operating certificates, in the
interest of safety.
This rulemaking is also proposed
under the authority described in
Subtitle VII, Part A, Subpart iii, Section
44712, Emergency Locator Transmitters;
Section 44713, Inspection and
Maintenance; 44715, Noise and Sonic
Boom; 44716, Collision Avoidance
Systems; and 44722, Winter conditions.
These sections direct the Administrator
to prescribe regulations to govern the
use of emergency locator transmitters
and collision avoidance systems, the
standards for inspecting and performing
maintenance on aircraft, and regulations
to control aircraft noise and safety risks
related to winter conditions,
respectively.
This proposed rulemaking is issued
under the authority described in each of
the previously discussed sections of
Title 49 of the United States Code.
III. Background
A. General
Powered-lift are unique in their
ability to take off and land vertically
like helicopters, and fly like an airplane
during cruise flight. They can operate in
different flight regimes utilizing features
of helicopters or airplanes or both. The
flight controls for such aircraft are also
often unique to the individual aircraft
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design and can incorporate both
traditional helicopter and airplane
controls, or control systems that are
dissimilar to either helicopters or
airplanes. Likewise, the flight
characteristics for powered-lift vary
depending on the aircraft design and the
different modes in which they operate.
The FAA began to contemplate the
integration of powered-lift into the
regulations in the 1990s. Specifically, in
1995, the FAA published an NPRM
titled ‘‘Pilot, Flight Instructor, Ground
Instructor, and Pilot School Certification
Rules.’’ 9 The NPRM was drafted in
anticipation of industry developing
powered-lift to subsequently enter the
civilian market. The FAA noted that
powered-lift would require new pilot
skills and abilities because the aircraft
have VTOL capabilities but fly like
airplanes at higher altitudes and
airspeeds.
At that time, the FAA considered
various approaches to pilot certification
for powered-lift, including whether
powered-lift should be a separate
aircraft category or whether a poweredlift class rating should be created within
the rotorcraft category. The FAA also
considered powered-lift class ratings,
such as tilt-rotor, tilt-wing, ducted fan,
and vectored thrust; and whether to
require a type rating for every make and
model of powered-lift. Ultimately, the
FAA proposed adding a new poweredlift airman certification category of
aircraft without associated class or type
ratings.10
Some commenters objected, stating
that a proposal to add powered-lift as an
aircraft category was premature because
there were no powered-lift on the
market and no evidence that poweredlift would find applications in the civil
marketplace. Commenters also noted
that the FAA was not proposing
operating rules to accompany the pilot
certification standards. The FAA
published the final rule on April 4,
1997,11 and introduced the powered-lift
category into the airmen certification
rules and various other parts of the
regulations. In response to commenter
concerns, the FAA reasoned that the
regulations were necessary because the
existing pilot certification standards did
not adequately reflect the powered-lift
certification requirements and were not
drafted with the intent of certificating
9 Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certificate Rules; NPRM, 60 FR 41160,
41165 (Aug. 11, 1995).
10 Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, NPRM 60 FR
41160, 41165 (Aug. 11, 1995).
11 Flight Instructor, Ground Instructor, and Pilot
School Certification Rules; Final Rule, 62 FR 16220,
16231 (Apr. 4, 1997).
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powered-lift pilots.12 The FAA
emphasized that its regulations must
evolve to accommodate advancements
in aviation technology and considered
the introduction of powered-lift as an
aircraft category to be a necessary first
step in building a regulatory framework
for powered-lift.
Following the publication of the final
rule, the FAA intended to update the
operating rules. However, operational
rulemaking initiatives never came to
fruition because the market evolved
differently than the FAA had envisioned
and powered-lift did not enter the
civilian market as quickly as the FAA
anticipated. The FAA notes that in the
years since the pilot certification rules
were revised to include powered-lift in
1997, industry has developed new
aircraft varying widely in complexity of
operation. The powered-lift currently
undergoing the type certification
process are comparatively more
sophisticated than the simple and
uniform models of powered-lift
proposed in the 1990s.
Currently, the FAA has several
powered-lift in the type certification
process. The powered-lift coming to the
civilian market have varied greatly in
design, flight, and handling
characteristics with varying degrees of
automation, more so than what was
originally anticipated when applicants
initially sought certification of poweredlift.
While none of the powered-lift for
which type certification is being sought
have yet been approved for civilian use,
the powered-lift industry has identified
many potential uses for these aircraft.
The FAA anticipates the introduction of
aircraft that vary in size and passenger
seating configuration and employ both
new and traditional kinds of propulsion
systems into the civilian market. The
initial expected entrant is the
manufacturer of a four-passenger
powered-lift with a maximum gross
takeoff weight of 4,800 lbs., which is
progressing through the FAA’s type
certification process.13 This
manufacturer proposed a powered-lift
using six tilting electric engines with 5blade propellers attached to a
conventional wing and V-tail. The
powered-lift has the characteristics of
both a helicopter and an airplane and is
intended to be used for operations
under parts 91 and 135, with a single
pilot onboard, under visual flight rules.
The FAA has previously described
powered-lift as useful for civil
applications, as these aircraft have
‘‘vertical take-off and landing and
hovering capability like helicopters,’’
and are able to cruise and ‘‘fly at higher
airspeeds like airplanes.’’ 14 This
airspeed differentiation could result
from aircraft configuration changes such
as tilt-wing, tiltrotor, or tilt-propeller;
thrust vectoring; direct-lift engines; or
other means.
Manufacturers and initial operators of
powered-lift indicate operations with
powered-lift could offer many benefits
over rotorcraft. For example, some
powered-lift are capable of transporting
heavier loads at higher altitudes and
faster cruise speeds than rotorcraft.
Such capability may increase efficiency
in transporting crew and material to
remote locations such as off-shore oil
rigs and add diversity when considering
landing points available that are
currently available to helicopters and
not airplanes. Certificate holders
seeking to take advantage of these
capabilities may also seek to use
powered-lift for transporting passengers
from point-to-point; for example, such
transportation could occur from a
heliport and proceed at turboprop
airspeeds and ranges. Other
opportunities may also exist in
concentrated urban environments,
where short point-to-point distances
coupled with vertical capability may
allow for more efficient transportation
of passengers than existing ground
transportation methods.
B. Related Rulemakings
The FAA is engaging in a multi-step
process of updating the regulations that
apply to powered-lift that traditionally
have not operated in air carrier and
commercial operations. On December 7,
2022, the FAA published the Update to
Air Carrier Definitions NPRM.15 As it
pertains to this NPRM, the Update to
Air Carrier Definitions NPRM proposed
to amend the regulatory definitions in
part 110, General Requirements, to add
powered-lift to the definitions of
‘‘commuter operation’’ and ‘‘on-demand
operation.’’ The definitions in part 110
apply to all operations under 14 CFR
chapter I, subchapter G, which includes
parts 119 and 135.16 In accordance with
§ 119.21, all commuter and on-demand
operations must be conducted in
accordance with part 135.17
Accordingly, powered-lift must be
added to the definitions of commuter
operation and on-demand operation
before powered-lift may be operated
under part 135. For both definitions, the
FAA proposed that powered-lift be
14 60
FR 41165.
2120–AL80, 87 FR 74995.
16 See 14 CFR 110.1 and 110.2.
17 See 14 CFR 119.21(a)(4) and (5).
15 RIN
12 Id.
13 87
FR 67399 (Nov. 8, 2022).
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added consistent with the existing
requirements for airplane. As a result,
all the part 135 proposals in this NPRM
are based on an underlying premise that
powered-lift is included in the
definitions of commuter operation and
on-demand operation. These proposals
include the pilot certification proposals
based on completion of a part 135
training curriculum, the part 135
training and qualification proposals,
and the part 135 operational rule
proposals. The FAA will reconcile this
proposal with the Update to Air Carrier
Definitions final rule as appropriate.
Additionally, on December 12, 2022,
the FAA published the ‘‘Airman
Certification Standards and Practical
Test Standards for Airmen;
Incorporation by Reference’’ (ACS IBR)
NPRM.18 As it pertains to this NPRM,
the ACS IBR NPRM proposed to revise
certain part 61 regulations to
incorporate the Airman Certification
Standards (ACS) by reference into the
requirements for powered-lift pilot and
flight instructor certification. The ACSs
establish the standard for what an
applicant must know, consider, and do
to demonstrate proficiency to pass the
practical tests required for issuance of
the applicable airman certificate or
rating. Specifically, for powered-lift, the
ACS IBR NPRM proposed to incorporate
by reference the ACSs for the following:
Airline Transport Pilot and Type Rating
for Powered-Lift Category, Commercial
Pilot for Powered-Lift Category, Private
Pilot for Powered-Lift Category,
Instrument Rating-Powered-Lift, Flight
Instructor for Powered-Lift Category,
and Flight Instructor Instrument
Powered-Lift. Several proposals in this
NPRM are based on the proposed
incorporation of the powered-lift ACSs.
Therefore, throughout the remainder of
this NPRM, the FAA presumes that the
powered-lift ACSs are incorporated by
reference as proposed. The FAA will
reconcile this proposal with the ACS
IBR final rule as appropriate.
C. Part 1 Considerations
The FAA first notes that throughout
this preamble and proposed regulatory
text, the FAA utilizes certain terms that
are defined in 14 CFR part 1. Currently,
part 1 applies only to subchapters A
through L of 14 CFR chapter I. In 1966,
14 CFR part 1 was originally limited in
scope to apply to Federal Aviation
Regulations (i.e., subchapters A through
L) specifically because the agency
codified certain subchapters in chapter
I that were unrelated to aviation safety
18 87
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
rules 19 at that time.20 As discussed in
this preamble, the FAA proposes to add
subchapter L, which will contain the
proposed SFAR in new part 194 (i.e.,
aviation safety rules). To apply the
definitions as set forth in part 1 to
proposed subchapter L, and given the
relocation or deletion of certain nonaviation safety related regulations
within chapter I, the FAA proposes to
expand applicability of part 1 to apply
to the entirety of 14 CFR chapter I.21
This expansion would be effectuated
through revisions to the introductory
text of §§ 1.1, 1.2, and 1.3(a).
ddrumheller on DSK120RN23PROD with PROPOSALS2
IV. Powered-Lift Type Certification and
FSTD Qualification
A. Type Certification
The FAA is not proposing to establish
any new requirements for the type
certification of powered-lift, nor is it
proposing to revise existing type
certification requirements. The FAA has
determined that existing aircraft
certification regulations are appropriate
to type certificate powered-lift.
The FAA’s rules for designating the
applicable regulations for typecertificated products are in 14 CFR
21.17. Most products that have existing
airworthiness standards (airplanes,
rotorcraft, balloons, engines, and
propellers) are type certificated in
accordance with § 21.17(a). In general,
the requirements for airplane type
certification are in part 23 or 25, and
rotorcraft are in part 27 or 29.
The FAA utilizes a tiered level of
safety for the minimum certification
standards for airplanes and rotorcraft
and has established applicability
standards to determine which minimum
standard may be used for the
certification of a particular aircraft. Part
23 provides the minimum certification
standards for normal category airplanes,
applicable to airplanes that have a
passenger seating configuration of 19 or
less and a maximum certificated takeoff
weight of 19,000 pounds or less. Part 25
provides the minimum certification
standards for transport category
airplanes, applicable to airplanes that
have a passenger seating configuration
of 20 or more or a maximum certificated
takeoff weight of greater than 19,000
pounds. Part 27 provides the minimum
certification standards for normal
category rotorcraft, applicable to
19 For
example, employee conduct was regulated
through chapter I, subchapter O.
20 Limitation of Applicability to ‘‘Federal
Aviation Regulations,’’ Final Rule, 31 FR 5054 (Mar.
29, 1966).
21 Applicability of part 1 would also expand to
subchapter N (part 198, pertaining to aviation
insurance), however, the FAA does not foresee
substantive changes as a result.
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rotorcraft that have a passenger seating
configuration of 9 or less and a
maximum weight of 7,000 pounds or
less. Part 29 provides the minimum
certification basis for transport category
rotorcraft, applicable to rotorcraft with a
passenger seating configuration of 10 or
more or a maximum weight of more
than 7,000 pounds. An applicant
seeking to certificate a normal category
airplane or rotorcraft under part 23 or
27, respectively, can request to use the
higher certification standards of part 25
or 29 for such aircraft.
For aircraft for which the FAA has not
established airworthiness standards
under subchapter C of chapter I of 14
CFR (e.g., gliders, airships, powered-lift,
very light airplanes), the FAA uses the
special class aircraft process in
§ 21.17(b). The special class process was
created to address the novel features of
unique and nonconventional aircraft
without the need for additional
processes such as special conditions or
exemptions that would be required if
the FAA used the airworthiness
standards in place under existing parts
of title 14.22 Using the special class
process, the FAA designates
airworthiness requirements as the
certification basis for each aircraft
design, including its engines and
propellers.23 The FAA may designate
appropriate and applicable
airworthiness requirements from the
existing airworthiness standards in parts
23, 25, 27, 29, 33, and 35, and it may
also include unique airworthiness
criteria developed specifically for the
individual product, that provide an
equivalent level of safety to existing
standards.24 The FAA has not yet
22 For products type certificated in accordance
with § 21.17(a), the FAA may issue special
conditions when it determines that existing
airworthiness regulations do not provide adequate
or appropriate safety standards because of a novel
or unusual design feature of the product. Special
conditions are issued in accordance with 14 CFR
part 11 and contain such safety standards for the
product as the FAA finds necessary to establish a
level of safety equivalent to that established in the
regulations. The FAA may grant an exemption from
the requirements of a regulation when an applicant
petitions for relief under 14 CFR part 11.
23 Applicants of special class aircraft who propose
engine and/or propeller designs with their aircraft
will have the engine and propeller approved with
the aircraft type certificate. This would result in a
certification basis that includes criteria for the
aircraft, engine, and/or propeller. Alternatively,
applicants seeking certification for special class
aircraft may propose the installation of engines and/
or propellers that have been issued their own type
certificate, which would result in a certification
basis with criteria for only the aircraft. The engine
and propeller would be type certificated under
parts 33 and 35, respectively.
24 For certain special classes of aircraft, the FAA
has designated airworthiness criteria in an advisory
circular (AC): AC 21.17–1A for airships, AC 21.17–
2A for gliders, and AC 21.17–3 for very light
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established powered-lift airworthiness
standards in subchapter C of chapter I
of 14 CFR. Therefore, the FAA has
determined that powered-lift will be
type-certificated as a special class
aircraft.
To type-certificate powered-lift as a
special class aircraft, the FAA must
designate airworthiness requirements as
the certification basis for that aircraft,
which provide an equivalent level of
safety to existing airworthiness
standards. When conducting the
evaluation for determining an
equivalent level of safety, the FAA will
consider characteristics of the particular
aircraft such as the aircraft size, seating
capacity, and performance, among other
things, in comparison to the capabilities
of aircraft type-certificated under the
existing airworthiness standards for
airplanes and rotorcraft. When
establishing the certification basis for a
specific powered-lift project, the FAA
will publish the proposed airworthiness
criteria, including an explanation of its
equivalency determination, in the
Federal Register for public notice and
comment.25
In certain instances, specific
airworthiness or aircraft equipage
requirements for the issuance of a type
certificate may not be sufficient to meet
the requirements of a particular
operating rule or operation. Applicants
seeking type design approval for
powered-lift should identify areas
where additional approvals are required
to support the anticipated operational
use of the aircraft to avoid having to
obtain a subsequent type design change
approval. In the case where an approved
aircraft type-design does not include the
required approvals or aircraft equipage
needed for a specific operation or
operating rule, then a type design
change may be required to enable the
use of that aircraft.
In certain cases, the operational rules
in parts 91 and 135 cite specific
airworthiness standards from the
certification rules in part 23, 25, 27 or
29. When an airworthiness standard is
referenced in a particular operating rule,
those specific standards listed may or
may not be used in their entirety due to
some of the designs unique to each
particular aircraft. When a particular
airworthiness certification standard is
airplanes (VLA). Currently, the FAA expects to
issue airworthiness criteria for powered-lift,
specific to the particular applicant. Although the
FAA is not publishing an AC for powered-lift
airworthiness criteria with this proposed
rulemaking, the agency may publish powered-lift
airworthiness standards through a future AC or
rulemaking.
25 E.g., see: Airworthiness Criteria: Special Class
Airworthiness Criteria for the Joby Aero, Inc. JAS4–
1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022).
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referenced, but it is not practical to use
that standard in its entirety due to the
design of the powered-lift, then to
maintain an equivalent level of safety,
the FAA will determine which existing
airworthiness standards apply, or if
another standard must be created. For
example, §§ 91.609 and 135.152, the
regulations requiring flight data
recorders (FDR), both point to specific
airworthiness standards found within
part 23, 25, 27, or 29. In this case, the
FAA will review the requirements
contained within parts 23, 25, 27, and
29 and determine which standard or set
of standards would apply, or if the FAA
needs to create a new standard to ensure
the data captured achieves an
equivalent level of safety in these novel
aircraft designs.
In an additional example, certain
powered-lift type-certificate applicants
may want their aircraft to have the
capability to use Copter Procedures
under part 97, which would require the
aircraft to have specific equipage and
stability capabilities equivalent to either
appendix B to part 27 or 29 as part of
the type-certification approval. The
identified standards in each of the
examples would be included in the
aircraft’s certification basis.
Throughout this preamble and the
SFAR, the FAA applies certain
operating regulations to large poweredlift that currently apply to large
transport category airplanes. The FAA
evaluated the weight parameters for
both transport category airplanes and
transport category rotorcraft and
determined that the weight limit for
large aircraft, which is 12,500 pounds
(lbs.) and falls between the airplane
(19,500 lbs.) and rotorcraft (7,500 lbs.)
transport category weight limits, would
be an appropriate weight at which to
apply airplane transport category
standards to powered-lift.
This approach is consistent with the
agency’s approach to type certification
of powered-lift under § 21.17(b), in that
the agency has previously identified
12,500 lbs. as an appropriate weight at
which to apply certain transport
category certification standards from
part 25, even though the powered-lift
may weigh less than 19,500 lbs.
Accordingly, small powered-lift,
weighing less than 12,500 lbs., would
not be subject to transport category
standards except in one instance in
subpart I of part 135 (§ 135.397(b)),
where a small powered-lift with more
than 19 seats would be subject to certain
airplane performance operating
limitations. The FAA invites comment
on whether the public believes there is
a more appropriate weight at which to
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apply transport category airplane
regulations to powered-lift.
B. Noise Considerations
The FAA is statutorily required to
protect the public from aircraft noise by
adopting noise standards and operating
regulations as necessary. Noise
certification regulations are contained in
14 CFR part 36 for jet airplanes, small
airplanes, rotorcraft and tiltrotors. Given
recent technological advancement
regarding fabrication of small and
powerful electric motors, actuators, and
advance control system technologies,
manufacturers have started to apply
these technologies in the design and
development of highly individualized
and novel aircraft that are significantly
different from the legacy conventional
aircraft categories defined in the current
noise certification standards of part 36.
Such anticipated new entrant aircraft
are expected to offer capabilities that
range from a single-pilot recreational
all-electric VTOL aircraft to piloted,
powered-lift, multi passenger air taxis.
Rather than use the existing
requirements for small propeller
airplanes, jet transport airplanes,
helicopters, or tiltrotors in part 36, such
diverse conceptual designs may require
noise certification requirements that are
tailored to these new aircraft types. The
FAA will examine each application and
determine whether existing part 36
requirements are appropriate as a noise
certification basis, as it does for all noise
certification applicants. If the current
regulations cannot be applied
appropriately, the FAA may promulgate
a rule of particular applicability to
establish a noise certification basis for a
new aircraft design. The dynamic noise
sources from these aircraft have been
shown to be complex, and the FAA does
not yet have much data on the aircraft
types and noise signatures expected
from these new entrants. Accordingly,
until sufficient data are collected, the
FAA would not be able to promulgate
standards of general applicability for
these aircraft.
The FAA invites comment on whether
any manufacturer anticipates
undergoing noise certification as a
turbojet-powered-lift as required in
accordance with part 36. If a turbojetpowered-lift certification applicant
begins the noise certification process,
the FAA would propose to amend the
SFAR to include the operating noise
limits in subpart I of part 91 as
applicable to turbojet-powered-lift. The
FAA also seeks comment on this
approach to the noise certification of
turbojet-powered-lift.
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C. Qualification of Powered-Lift Flight
Simulation Training Devices (FSTD)
Part 60 prescribes the rules governing
the initial and continuing qualification
of all aircraft Flight Simulation Training
Devices (FSTDs), which includes full
flight simulators (FFSs) and flight
training devices (FTDs) 26 used to meet
the training, evaluation, or flight
experience requirements for flightcrew
member certification or qualification.
These rules apply to each person using
or applying to use an FSTD to meet any
requirement in 14 CFR chapter I,
including in parts 61, 91, 135, 141, and
142.27 As specified in § 60.11(b), no
person may use nor allow the use of an
FSTD for flightcrew member training or
evaluation, or for obtaining flight
experience, unless the FSTD is qualified
under part 60.28 In accordance with
§ 60.15, the FAA qualifies each FSTD at
a specific level if that FSTD meets the
applicable Qualification Performance
Standards (QPS).29 The QPS are
published in the following appendices
to part 60: A for airplane FFSs, B for
airplane FTDs, C for helicopter FFSs, D
for helicopter FTDs, E for the quality
management system for all FSTDs, and
F for definitions and abbreviations
applicable to part 60. While appendices
E and F will apply to powered-lift
FSTDs, the FAA has not yet established
the QPS for powered-lift FSTDs.
In recent years, rapid technological
advancements in powered-lift have
progressed across the industry,
particularly with electric vertical takeoff
and landing (eVTOL) aircraft. Many
powered-lift are in various stages of
development with many different
unique designs and operating
characteristics. Due to the wide
variation of powered-lift and rapid pace
of development, the FAA has
determined that developing a new FSTD
standard for powered-lift aircraft within
the part 60 QPS framework would be
premature, as any new FSTD standard
may quickly become obsolete or
inapplicable. As previously discussed,
one intention of the SFAR is to inform
the FAA of sufficient operational data of
emerging powered-lift to establish
future permanent regulations, including
that information required to develop a
powered-lift FSTD QPS.
The FAA recognizes, however, that
powered-lift FSTDs are currently in
development and emphasizes the need
26 See 14 CFR 1.1, which defines for FFSs and
FTDs.
27 14 CFR 60.1.
28 14 CFR 60.11 specifies additional requirements
that must be met for FSTD use.
29 FFSs are qualified as levels A through D; FTDs
are qualified as levels 4 through 7.
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to evaluate powered-lift FSTD fidelity
and capability, much like airplane and
helicopter FSTDs are evaluated.30
Therefore, to enable the qualification of
FSTDs for use in pilot training for
powered-lift aircraft, the FAA is
proposing to add flexibility to part 60 in
proposed § 194.105 to permit
qualification of FSTDs of powered-lift
using components of existing standards
for airplanes and helicopters in
appendices A through D to part 60,
where applicable, as determined by the
FAA, that would provide an equivalent
level of safety to existing QPS
components.
While many of the existing FSTD
qualification standards in the part 60
QPS may be applicable for evaluation of
FSTDs representing powered-lift (e.g.,
general flight deck configuration
requirements), due to the unique
characteristics of the many possible
powered-lift designs and associated
pilot training requirements, alternate
testing and evaluation methods may be
required to fully validate the
characteristics of those FSTDs to
support the required training (e.g.,
transition modes from thrust-borne to
wing-borne lift).
In these instances where existing
standards are not found to be sufficient
to fully evaluate an FSTD for a special
class of aircraft, other FSTD
qualification standards as proposed by
the FSTD sponsor may be accepted by
the Administrator as providing an
equivalent level of safety. When
establishing the qualification basis, the
FAA will publish the proposed standard
in the Federal Register for public notice
and comment, including an explanation
of the FAA’s safety determination. The
ability to qualify an FSTD for poweredlift in this manner, as well as the notice
and comment process, would closely
follow the established process used to
certify special classes of aircraft as
described in § 21.17(b).
While deviation authority currently
exists in § 60.15(c)(5) for the initial
qualification of FSTDs using alternate
FSTD standards, the scope of the
deviation authority does not extend to
the qualification of FSTDs representing
new categories of aircraft such as
powered-lift. The FAA added deviation
authority to § 60.15(c)(5), to deviate
from the technical requirements in the
30 The FAA has long recognized the safety
advantages of flight training in FSTD. In many
cases, flight simulators have proven to provide
more in-depth training than can be accomplished in
the aircraft. In particular, flight simulators allow
training for emergency situations, such as fire, total
loss of thrust, and systems failures that cannot be
safely conducted in flight. See 61 FR 34508 (July
2, 1996).
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part 60 QPS applicable to airplane and
helicopter FFSs and FTDs.31 Therefore,
deviations issued in accordance with
§ 60.15(c)(5) may apply only to FSTD
qualification where standards currently
exist in the QPS of part 60 (currently
airplanes or helicopters).
The FAA recognizes that, there are
current FSTD qualification projects in
process with the FAA through deviation
authority found in part 60. Additionally,
a small number of sponsors and
manufacturers have applied for and
obtained deviation for powered-lift
FSTDs. The FAA notes that, while these
persons have been granted deviations,
there are currently no qualified
powered-lift FSTDs as an outgrowth of
these deviations because the poweredlift represented by the FSTD are not yet
type-certificated, which is a contingency
of deviation. The FAA will collaborate
with these sponsors and manufacturers,
as well as those with qualification
projects in process, to accommodate an
efficient transition to this new
framework that does not result in a
qualification gap.
Additionally, due to the high level of
interest in the advancement of
Advanced Air Mobility (AAM) aircraft,
the FAA is aware of several
international working groups, including
consensus standards organizations that
are in various stages of developing
FSTD standards for powered-lift. While
there are no such consensus standards
currently published for use in FSTD
qualification, the FAA anticipates
forthcoming published standards. The
FAA notes that these consensus
standards may be considered during the
qualification of powered-lift FSTDs
under this part. However, the FAA
declines to include them as a
compulsory basis for qualification given
the current lack of consensus standards
to evaluate against a permanent QPS for
powered-lift.
V. Certification of Powered-Lift Pilots
A. Establish a Type Rating Requirement
for Persons Seeking To Act as PIC of
Powered-Lift
Part 61 prescribes the requirements
for issuing pilot and flight instructor
certificates and ratings, the conditions
under which those certificates and
ratings are necessary, and the privileges
and limitations of those certificates and
ratings.32 Pursuant to part 61, the FAA
issues six levels of pilot certificates:
31 81 FR 18205. Additionally, § 60.15(c)(5)(ii)
states that deviation may only be considered from
minimum requirements tables, objectives testing
tables, functions and subjective testing tables, and
other supporting tables and requirements in the part
60 QPS in appendices A through D.
32 14 CFR 61.1(a)(1).
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student, sport, recreational, private,
commercial, and ATP.33 The FAA also
issues category, class, and type ratings
on the pilot certificate. To act as PIC of
any aircraft, a person must hold the
category, class, and type rating (if class
and type rating are applicable) on their
pilot certificate.34 To obtain certificates
and ratings, an applicant must meet
aeronautical experience requirements
and successfully complete a practical
test in an aircraft appropriate to the
rating(s) sought.35
For the purpose of airmen ratings,
‘‘category’’ is defined as a broad
classification of aircraft (e.g., airplane,
rotorcraft, powered-lift), and ‘‘class’’ is
defined as a group of aircraft within a
category that have similar operating
characteristics (e.g., single engine,
multiengine, helicopter).36 In 1997, the
FAA established a powered-lift category
rating in part 61 for the private pilot
through ATP certificates, as well as for
the flight instructor certificate in
anticipation of further developments in
aviation technology.37 At the time of
that rulemaking, the FAA determined
that it was not feasible to establish class
ratings within the powered-lift
category.38 The FAA considered
whether powered-lift should include
class ratings and type ratings but
ultimately decided not to create
powered-lift classes or require type
ratings for powered-lift beyond the type
rating requirements set forth in
§ 61.31(a) (i.e., large aircraft or as
specified by the Administrator under
aircraft type certificate procedures).39
The FAA concluded that safety needs
were met by establishing a separate
aircraft category only, and requiring a
type rating for every make and model of
powered-lift might discourage the
development of smaller powered-lift
intended for general aviation.40
In light of powered-lift coming to
market, the FAA has reconsidered
whether a type rating should be
required for each type 41 of powered-lift.
33 14
CFR 61.5(a)(1).
CFR 61.31(d).
most pilot certificates, applicants also must
receive training or complete home study on
aeronautical knowledge areas and pass a knowledge
test.
36 14 CFR 1.1.
37 Flight Instructor, Ground Instructor, and Pilot
School Certification Rules; Final Rule, 62 FR 16220
at 16231 (Apr. 4, 1997).
38 Flight Instructor, Ground Instructor, and Pilot
School Certification Rules; NPRM, 60 FR 41160 at
41165 (Aug. 11, 1995).
39 Id.
40 Id.
41 The FAA defines type in § 1.1 to mean, in
pertinent part, a specific make and basic model of
aircraft, including modifications thereto that do not
change its handling or flight characteristics and, as
34 14
35 For
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This section discusses the current type
rating requirements of § 61.31(a), the
challenges with the current regulatory
framework in part 61 for powered-lift,
and the FAA’s proposal to require the
PIC of a powered-lift to hold a type
rating on their pilot certificate.
Section 61.31(a) prescribes when a
person must hold a type rating.
Currently, to act as PIC of a large
aircraft 42 (except lighter-than-air) or a
turbojet-powered airplane, a person
must hold a type rating for the aircraft
on their pilot certificate. Additionally, a
person must hold a type rating on their
pilot certificate for other aircraft
specified by the Administrator through
the aircraft type certificate procedures.43
To obtain a type rating, a person must
receive aircraft-specific training and
pass a practical test in the aircraft for
the type rating sought.44
Initially, the FAA required type
ratings only for large aircraft when
passengers were carried onboard or
when the large aircraft was operated for
compensation or hire, and for
helicopters that were operated by
ATPs.45 However, in 1965, the FAA
expanded the aircraft for which it
required a person to hold a type rating
to all large aircraft and small turbojetpowered airplanes.46 The FAA
explained that the speed, complexity,
and operating characteristics of large
aircraft require the PIC to demonstrate
their ability to operate the large aircraft
regardless of the type of activity in
which the aircraft is engaged.47 For
small, turbojet-powered airplanes, the
FAA explained that the performance,
used with respect to the certification of aircraft,
means those aircraft which are similar in design.
42 Section 1.1 defines ‘‘large aircraft’’ as ‘‘aircraft
of more than 12,500 pounds, maximum certificated
takeoff weight.’’
43 Aircraft type certification regulations are found
in 14 CFR part 21. As discussed in section V.H.1
of this preamble, FSBs are established when the
responsible FAA Aircraft Certification Office issues
a Type Certificate for large aircraft, turbojet
powered airplanes, and other aircraft specified by
the Administrator through the aircraft certification
process. Powered-lift will be evaluated under the
existing FSB process, which will determine the
requirements for a pilot type rating and develop
training objectives for the type rating.
44 14 CFR 61.63(d), 61.157(b).
45 In 1964, 14 CFR 61.15(d) stated that, in
addition to category and class ratings, the name of
each type of large aircraft for which a pilot is rated
is placed on the person’s certificate if that type of
aircraft is certificated by the Administrator for civil
operations, and, in the case of ATPs, a helicopter
type rating is issued for each type of helicopter. In
1964, 14 CFR 61.159 stated that for ATP aircraft
ratings, the category and class of aircraft and type,
if it is a helicopter or large aircraft, are placed on
the person’s certificate.
46 Pilot Rating Requirements, Final Rule, 30 FR
11903 (Sep. 17, 1965).
47 Pilot Rating Requirements, NPRM, 29 FR 13038
(Sep. 17, 1964).
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environment, and operating
characteristics of those airplanes are
very similar to those of large turbojetpowered airplanes.48 The FAA
determined that, because turbojetpowered airplanes are so refined that
improper or inept handling is likely to
be immediately critical, a person must
demonstrate their competency to
operate those airplanes by obtaining a
type rating for the particular type of
airplane involved.49
Currently, the FAA’s regulatory
framework in part 61 allows for the
issuance of a powered-lift category
rating on a pilot certificate. Industry has
begun developing new powered-lift
varying widely in design from the
relatively simple and uniform models of
powered-lift that the FAA anticipated in
the 1990s. The powered-lift coming to
the civilian market have complex and
unique design, flight, and handling
characteristics with varying degrees of
automation. More specifically, poweredlift designs vary in unique
configurations from tilt-wing, tiltpropeller, lift plus cruise, and tilt plus
cruise aircraft. These new powered-lift
designs are capable of VTOL operations
and many are also capable of takeoff and
landings using wing-borne lift. As a
result, the flight deck designs require
new flight controls, commonly referred
to as inceptors.50 These aircraft have
unique flight and handling qualities that
are managed with indirect flight
controls, meaning movement of the
inceptor does not directly correlate to
the movement of a specific flight control
surface. Because each powered-lift can
have different configurations, unique
inceptors, diversified flight controls,
and complicated and distinctive
operating characteristics, the FAA has
determined that it is still not feasible to
establish classes within the powered-lift
category at this time.
If the FAA were to generalize the
training requirements based on
classification of powered-lift, the
training requirements would not
sufficiently address the unique
characteristics of each powered-lift that
requires specific aircraft training and
evaluation to determine pilot
competency in flying the aircraft. To
further underscore this need, similar to
large aircraft and turbojet-powered
airplanes, improper or inept handling of
certain powered-lift is likely to be
immediately critical. The kinds of
48 Id.
49 Id.
50 For purposes of this preamble, the term
‘‘inceptor’’ refers to a wide variety of nontraditional pilot controls through which pilot inputs
are managed for the purpose of operating the
powered-lift.
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operations envisioned for powered-lift
include low altitude, dense urban
environments, and congested airspace
where there will be little room for error.
Pilot knowledge and skill in operating
powered-lift must be assessed and
requiring a type rating most effectively
accomplishes this safety objective.51
Finally, to maintain consistency with
international standards, ICAO requires
that, in the absence of establishing
powered-lift classes, a PIC of a poweredlift must hold a type rating for the
aircraft flown.52
Requiring persons to hold type ratings
for powered-lift would establish an
appropriate level of safety by ensuring
persons receive adequate training and
are tested on the unique design and
operating characteristics of each
powered-lift. Specifically, as discussed
in section V.H of this preamble, an FSB
is typically formed for aircraft that
require a type rating. The FSB would
evaluate each powered-lift on a case-bycase basis to determine whether the
training recommended by the
manufacturer would enable the pilot to
safely operate the aircraft in the NAS.
Additionally, the FSB would identify
the unique characteristics of each
powered-lift that require special
training. Subsequently, these findings
are utilized in conjunction with the
appropriate powered-lift ACS to
conduct training and practical tests for
a type rating, ensuring that an applicant
is knowledgeable and capable of safely
operating the unique powered-lift type.
Accordingly, the FAA proposes to
revise § 61.31(a) by adding a new
paragraph (a)(3), which would require a
person who acts as PIC of a powered-lift
to hold a type rating for the aircraft. The
FAA also proposes to redesignate
current § 61.31(a)(3), which requires a
type rating for other aircraft specified by
the Administrator through aircraft type
certificate procedures, as new
§ 61.31(a)(4). The FAA proposes to make
a conforming amendment to § 61.5,
which sets forth the various certificates
and ratings that may be issued under
part 61. Specifically, § 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.
51 The FAA considered proposing an
endorsement for each type of powered-lift but
determined that it would be insufficient to address
pilot proficiency for purposes of initial
qualification. Current endorsements as set forth in
§ 61.31 generally involve limited training on a
specific capability (e.g., high performance aircraft)
and have no independent evaluation of the pilot’s
proficiency.
52 Annex 1, Section 2.1.3.2.
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These type ratings include the aircraft
currently identified in § 61.31(a) as well
as the SIC pilot type rating for aircraft
that are type-certificated for operations
with a minimum crew of at least two
pilots. The FAA proposes to add a new
paragraph (b)(7)(iii) to reflect the
proposed aircraft type rating for a
powered-lift and to redesignate current
§ 61.5(b)(7)(iii) as new § 61.5(b)(7)(iv).
With respect to current § 61.5(b)(7)(iv),
which allows for the issuance of a SIC
pilot type rating, the FAA has
determined that this provision does not
belong under § 61.5(b)(7), which
contains aircraft type ratings, because a
pilot type rating subject to ‘‘SIC
Privileges Only’’ is not an aircraft type
rating.53 To more accurately depict the
SIC pilot type rating as a rating that is
placed on a pilot certificate, the FAA
proposes to relocate the provision that
currently exists in § 61.5(b)(7)(iv) to new
§ 61.5(b)(9).
In addition to the type-certificated
powered-lift that will be coming to civil
operations, the FAA already has issued
special airworthiness certificates for
experimental purposes in accordance
with § 21.191 to several powered-lift
and anticipates a continuing need to
issue these special airworthiness
certificates as more powered-lift are
developed.54 Because most of these
aircraft do not have established type
ratings, the proposed type rating
requirement of § 61.31 would not
apply.55 In general, experimental
53 There is no practical test required for the
issuance of the SIC pilot type rating. 14 CFR
61.55(e)(7). A pilot type rating subject to ‘‘SIC
Privileges Only’’ is solely intended to allow persons
who met the SIC requirements found in § 61.55 to
operate in international airspace. Second-inCommand Pilot Type Rating, Final Rule, 70 FR
45264 (Aug. 4, 2005). See Legal Interpretation to
Mr. Counsil (Apr. 13, 2012).
54 The FAA does not anticipate that part 141 pilot
schools and part 142 training centers will have the
capacity to provide training and testing for ratings
and authorizations for each and every type of
experimental powered-lift developed. This is
particularly true for operators of experimental
amateur-built powered-lift, amateur kit-built
powered-lift, and exhibition powered-lift.
Therefore, the FAA will maintain the current path
to certification codified in part 61, which does not
require training under an approved training
program, for experimental powered-lift pilots at the
private pilot level and above. See 14 CFR 61.109(e),
61.129(e), 61.163, and 61.187.
55 Section 61.31(l)(1) excludes all aircraft not
type-certificated as airplanes, rotorcraft, gliders,
lighter-than-air aircraft, powered-lifts, powered
parachutes, or weight-shift-control aircraft from
§ 61.31 applicability. This provision is meant to
create an exception for aircraft for which there is
no established category or class rating (e.g.,
hoverboards, jetpacks). The use of the term ‘‘typecertificated’’ could create confusion since not all
aircraft that meet the regulatory definition of
airplane or rotorcraft will be type certificated.
Because this provision could be read as conflicting
with more specific exceptions for experimental
aircraft in § 61.31(l)(2), the FAA is proposing to
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aircraft are not subject to the same
airworthiness standards as their
counterparts holding standard
airworthiness certificates. For instance,
these aircraft are not required to satisfy
many of the regulatory design, build,
maintenance, and inspection
requirements mandated for aircraft
holding a standard airworthiness
certificate. As a result of these differing
standards, experimental aircraft are
subject to certain operational
requirements, including restrictions on
the purpose of the operation,56 a general
prohibition on operating over densely
populated areas unless otherwise
authorized by the Administrator,57 and
other operating limitations assigned
during the aircraft certification process
to further mitigate risks associated with
various hazards that may be introduced
in experimental aircraft.
In accordance with § 91.319(i), the
Administrator may prescribe additional
operating limitations for experimental
aircraft where necessary for safety. The
FAA has employed the operating
limitations issued with an experimental
airworthiness certificate to require
pilots to hold category and class ratings
for all experimental aircraft and
additional authorizations for certain
experimental aircraft even when no
passengers are carried on board.58 As
with experimental airplanes and
experimental rotorcraft, the FAA will
apply category ratings and other
authorizations (e.g., the authorization to
act as PIC) through operating limitations
for experimental powered-lift, as
warranted.
Additionally, the FAA notes its use of
certain terms throughout this preamble
and the proposed SFAR pertaining to
the operation of experimental poweredlift. To clearly delineate to whom the
FAA is referring, the FAA proposes to
define, in proposed § 194.103(b), the
terms ‘‘manufacturer,’’ ‘‘instructor
pilot,’’ and ‘‘test pilot.’’ First, the FAA
proposes to define a manufacturer as
any person who holds, or is an
applicant for, a type or production
certificate for an aircraft. An amateur
clarify the intent of this exception by specifying
that the section does not require a category and
class rating for aircraft that are not identified under
§ 61.5(b).
56 See § 91.319(a)(1), which prohibits a person
from operating an experimental aircraft for other
than the purpose for which the certificate was
issued.
57 See § 91.319(c), which generally prohibits
experimental aircraft operations over densely
populated areas or in congested airways, unless
otherwise authorized by the Administrator.
58 The FAA provides guidance to its workforce in
FAA Order 8130.2J, Appendix D, Table D–1,
Operating Limitations on how to evaluate and apply
operating limitations to experimental aircraft.
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builder under § 21.191(g), a builder of a
kit aircraft under § 21.191(h), or the
holder of a restricted category type
certificate is not considered a
manufacturer for purposes of the SFAR
set forth by proposed part 194.59 This
definition will draw a distinction
between persons who are amateur
aircraft builders and manufacturers with
a safety system program and quality
control systems in place that meet a
higher level of safety.
The FAA also proposes to define
certain pilots employed or used by a
powered-lift manufacturer, including in
a contractor or consultant role. First, the
FAA proposes to define an instructor
pilot as a pilot employed or used by a
manufacturer of a powered-lift to
conduct operations of the powered-lift
for the purpose of developing a
proposed training curriculum 60 and
providing crew training. Although some
of these instructor pilots may hold FAA
flight instructor certificates, their roles
and responsibilities for the
manufacturer do not involve flight
training for meeting FAA airman
regulations. Second, the FAA proposes
to define a test pilot as a pilot employed
or used by a manufacturer of a poweredlift to conduct operations of the
powered lift for the purpose of research
and development and showing
compliance with the regulations.
Additional discussion on the
responsibilities of test pilots may be
found in section V.D.
B. Applicability of the Type Rating
Requirement to Military Pilots
For more than 80 years, the FAA’s
regulations have allowed military pilots
to apply for FAA pilot certificates based
on their military pilot experience.61
Currently, § 61.73(a) permits a military
59 The FAA notes that ‘‘person’’ is defined in § 1.1
as an individual, firm, partnership, corporation,
company, association, joint-stock association, or
governmental entity, and includes a trustee,
receiver assignee, or similar representative of any of
them. Therefore, a broad range of entities, other
than an amateur builder or builder of a kit aircraft
under § 21.191(g) and (h) or a restricted category
type certificate holder, could be considered
manufacturers (e.g., aerospace companies,
transportation corporations) for purposes of
proposed part 194.
60 For purposes of this preamble, the term
‘‘proposed training curriculum’’ refers to the
curriculum that the manufacturer is developing.
The FAA is describing the training curriculum as
‘‘proposed’’ because the curriculum will not be
validated at the time the instructor pilot provides
the training to the test pilot.
61 14 CFR 20.149 (1938), Military competence,
stated that an applicant who has been an active
member of certain military branches may be
deemed competent to have met certain
requirements to be issued a pilot certificate,
including aeronautical knowledge, experience, and
skill.
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pilot or former military pilot 62 who
meets certain requirements to apply on
the basis of their military pilot
qualifications for a commercial pilot
certificate with the appropriate category
and class rating, an instrument rating
with the appropriate aircraft rating, and
a type rating.63 Additionally, § 61.73(g)
permits a military or former military
instructor pilot or pilot examiner to
apply for, and be issued, a flight
instructor certificate with appropriate
aircraft ratings, provided certain
requirements are met.
Because there are no type-certificated
powered-lift to date, there are no
standard category powered-lift available
for civilian pilots to obtain certification
through the regular pathway of ground
training, flight training, and successful
completion of a knowledge test and
practical test. The U.S. Armed Forces,
however, maintains and uses poweredlift in military operations (e.g., the BellBoeing V–22 Osprey, McDonaldDouglas AV–8 Harrier, F–35B STOVL),
where pilots establish experience
operating these powered-lift.64
Therefore, as a result of the military
pilot competency provisions set forth in
§ 61.73, the only pilots who currently
hold commercial pilot certificates with
powered-lift category ratings,
instrument-powered-lift ratings, and
flight instructor certificates with
powered-lift category and instrument
ratings are military pilots who obtained
those certificates and ratings under
§ 61.73, based on their military pilot
qualifications.
Due to the absence of any typecertificated powered-lift, military pilots
who have received an FAA powered-lift
category rating are currently limited in
their ability to exercise those privileges
in civil operations. At this time, the
only powered-lift that have entered civil
operations are those that have been
issued experimental airworthiness
certificates.65 The FAA anticipates two
additional avenues for powered-lift to
enter civil operations: (1) new FAA
type-certificated powered-lift, or (2)
surplus military powered-lift, similar to
military airplanes and rotorcraft that
enter civil operations with an
experimental or restricted category
airworthiness certificate. There are no
surplus military powered-lift that have
come into civil operations through the
special airworthiness certification
process, and the FAA does not
anticipate surplus military powered-lift
to enter civil operations in the near
term. If this were to occur, the FAA will
follow the existing regulations, policies,
and procedures to address surplus
military powered-lift as currently used
to evaluate surplus military airplanes
and rotorcraft. Specifically, type ratings
are designated for surplus military
aircraft with civil certificate type ratings
through the FSB process, which would
evaluate each respective powered-lift,
further discussed in section V.H of this
preamble.
Under § 61.73(e), an aircraft type
rating may be issued to a military pilot
only for a type of aircraft that has a
comparable civil type designation by the
Administrator. Because there are
currently no military powered-lift for
which comparable civil type ratings
have been designated, military pilots
with powered-lift experience are unable
to obtain a powered-lift type rating
pursuant to § 61.73. As a result, military
pilots seeking a commercial pilot
certificate under § 61.73 are currently
limited to the issuance of a powered-lift
category rating and an instrumentpowered-lift rating.66 While these
military pilots have extensive flight
experience in a powered-lift operated by
the U.S. Armed Forces, the FAA finds
that this experience alone is insufficient
for military pilots to transition safely to
the types of powered-lift currently
working through the FAA type
certification process.67 Specifically,
62 For purposes of this preamble, references to
military pilots are inclusive of former U.S. military
pilots.
63 While military pilots may receive an FAA
certificate through their military experience, they
must continue to follow FAA regulations to exercise
their FAA certificate(s) received through § 61.73
(e.g., recency of experience requirements in
§ 61.57).
64 Based on discussions with current and former
military powered-lift pilots, a military powered-lift
pilot will generally have between 1,000–2,500
hours of total powered-lift time, which includes
about 500–1,250 hours of PIC powered-lift time. See
Recognition of Pilot in Command Experience in the
Military and Air Carrier Operations, 87 FR 57578,
57580 (Sep. 21, 2022).
65 For those manufacturers currently developing
powered-lift, operating limitations pertaining to
pilot qualifications may be applied to experimental
powered-lift. FAA Order 8900.1 Vol. 5, Chap. 9,
Sec. 2.
66 Should a civil type-certificated version of a
military powered-lift become available, pilots with
the appropriate military experience, as identified in
§ 61.73, would be eligible to receive the type rating
in the same manner that airplane and rotorcraft
military pilots currently receive them, pursuant to
§ 61.73(e).
67 The FAA has historically found some
differences between military aircraft/operations and
civilian aircraft/operations and implemented safety
measures to address them when necessary. For
example, in 1967, a military branch began using
‘‘pink’’ instrument cards for instrument flight
operations in tactical environments. Because these
pilots were not trained in IFR airway operations or
in the use of standard approach procedures, the
FAA amended § 61.73 creating a restriction based
on the incongruence between the military practice
and an FAA instrument rating. The restriction was
removed when the branch ceased issuing the cards.
Final Rule, Condition for Issuing Instrument Rating
Based on Military Competence, 23 FR 10643 (Jul.
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military aircraft maintain certain
characteristics that are unique to U.S.
Armed Forces missions that will not be
present in civil powered-lift. The
technology, operating characteristics,
and flight control implementation may
not correspond to the civil operations
anticipated for FAA type-certificated
powered-lift. Further, as previously
discussed, there are also significant
differences between each civil poweredlift in performance, complexity, and
operating characteristics. For these
reasons, the FAA is not proposing any
exception to the type rating requirement
for military pilots who obtain poweredlift ratings through military competency.
Military pilots may continue to apply
for commercial pilot certificates with
powered-lift category ratings,
instrument-powered-lift ratings, and
flight instructor certificates with
powered-lift category and instrument
ratings pursuant to the existing
requirements in § 61.73, based on their
military pilot qualifications. However,
to act as PIC of a type-certificated
powered-lift, these military pilots would
be required to pass a practical test to
obtain a type rating on their pilot
certificate for the type of civil poweredlift they seek to fly. Likewise, those
military instructors who have obtained
or will obtain a flight instructor
certificate with a powered-lift category
and instrument rating through military
competency would be permitted to
conduct flight training in a powered-lift
only after obtaining a type rating on
their pilot certificate for the powered-lift
in which they conduct flight training.68
C. Applicability of the SIC Qualification
Requirements of § 61.55 to Powered-Lift
Given the diverse characteristics of
powered-lift discussed earlier, the FAA
considered whether a person serving as
SIC of a powered-lift should also be
required to hold a powered-lift type
rating on their pilot certificate. Upon
evaluating the current SIC qualification
requirements of § 61.55, the role of a
PIC, and the reasons for requiring the
PIC to hold a type rating, the FAA has
determined that the SIC qualification
requirements of § 61.55 are sufficient,
provided the person serving as SIC has
passed the practical test in a poweredlift that is capable of performing all the
20, 1967) (adding § 61.73(g)(6)); Final Rule, Pilot,
Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4,
1997) (removing § 61.73(g)(6)).
68 Under § 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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tasks required by the applicable
Powered-Lift Category ACS.69
Currently, to serve as SIC of an
aircraft type-certificated for more than
one required pilot flight crewmember or
in operations requiring an SIC pilot
flight crewmember in part 91 (excluding
subpart K of part 91),70 a person must
satisfy the SIC qualification
requirements set forth in § 61.55.
Section 61.55(a) requires the person
serving as SIC to hold (1) at least a
private pilot certificate with the
appropriate category and class rating, (2)
an instrument rating or privilege that
applies to the aircraft being flown if the
flight is under IFR,71 and (3) at least a
pilot type rating (‘‘SIC Privileges Only’’)
for the aircraft being flown unless the
flight will be conducted as domestic
flight operations within the U.S.
airspace.
Section 61.55(b) requires the person
serving as SIC to complete SIC
familiarization training for the specific
type of aircraft for which SIC privileges
are sought within the 12 calendar
months preceding the month of the
flight.72 The SIC familiarization training
consists of two components. First, the
person must become familiar with
certain information for the specific type
aircraft including operational
procedures applicable to the
powerplant, equipment, and systems;
performance specifications and
limitations; normal, abnormal, and
emergency operating procedures; flight
manual; and placards and markings.
Second, the person must perform and
log pilot time in the type of aircraft that
69 The FAA is proposing to permanently add new
§ 61.55(a)(4) to address SIC qualifications when a
powered-lift is not able to perform all tasks on a
practical test. This change is ‘‘permanent’’ because
it would exist in 14 CFR part 61 as opposed to
proposed part 194. To the extent a person would
not be tested on a task specified in that ACS, section
V.G of this preamble explains a proposal to impose
additional training and an endorsement to ensure
the person is trained and found proficient on any
tasks that were omitted on the practical test prior
to serving as SIC of a different powered-lift that is
capable of performing the task.
70 As discussed in this section, certain
requirements in § 61.55 do not apply to a person
who is designated and qualified as PIC or SIC under
subpart K of part 91 (Fractional Ownership
Operations).
71 Section V.G of this preamble discusses the
FAA’s proposal to allow a pilot to obtain a
powered-lift type rating and category rating without
an instrument rating. In that circumstance, a ‘‘VFR
only’’ limitation would be added to the pilot
certificate, and the pilot could serve as SIC in VFR
operations only.
72 The familiarization training required in
§ 61.55(b) does not apply to a person who is
designated and qualified as PIC or SIC under
subpart K of part 91 (Fractional Ownership
Operations). Rather, those pilots may satisfy the
training required by that subpart to serve in
fractional ownership operations in lieu of the
familiarization training.
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includes three takeoffs and three
landings to a full stop as the sole
manipulator of the flight controls,
engine-out procedures and maneuvering
with an engine out while executing the
duties of PIC, and crew resource
management training.
This preamble explains why the
qualification requirements of § 61.55
would ensure that a pilot is qualified to
act as SIC of a powered-lift under part
91 (excluding operations conducted
under subpart K of part 91), provided
the person has passed at least the
private pilot practical test in a poweredlift that is capable of performing all the
tasks required by the applicable ACS.73
The preamble also discusses the SIC
pilot type rating that is required for
international operations.
1. SIC Qualification Requirements
The FAA has imposed qualification
requirements on persons seeking to
serve as SIC of certain aircraft since
1972.74 In fact, the requirement for an
SIC to hold at least a private pilot
certificate with the appropriate ratings
and an instrument rating if the flight is
conducted under IFR has remained
unchanged since that time.
Additionally, the SIC familiarization
training requirements, which were also
adopted in 1972, have been slightly
expanded to include additional
information and procedures 75 but
otherwise remain unchanged. The FAA
73 As explained in section V.G. of this preamble,
certain powered-lift designs may be precluded from
performing a task required by the applicable
Powered-Lift Category ACS. When this occurs, the
proposed rule language in proposed § 194.207 of
this SFAR would enable an examiner to waive the
task on the practical test. Thus, a person may obtain
a powered-lift category rating on their pilot
certificate without being required to perform all the
tasks specified in the ACS. This person may then
seek to serve as SIC of a powered-lift type that is
capable of performing the task for which the pilot
was never trained or tested. Section V.G of this
preamble discusses this issue in detail and proposes
to require additional training and an endorsement
to ensure all persons seeking to serve as SIC of a
powered-lift have all been trained and found
proficient on the tasks required in the applicable
Powered-Lift Category ACS.
74 Large and Turbine-Powered Multiengine
Airplanes, Final Rule, 37 FR 14759 (Jul. 25, 1972).
The SIC requirements were proposed as 14 CFR
61.47b but adopted in the final rule as 14 CFR 61.46
and were applicable to persons seeking to serve as
SIC of a large or turbojet-powered multiengine
airplane type-certificated for more than one
required pilot flight crewmember. In 1973, the FAA
relocated 14 CFR 61.46 to 14 CFR 61.55, as it is
currently situated today.
75 See 51 FR 40692 (Nov. 7, 1986) (applying SIC
requirements to all aircraft type-certificated for
more than one pilot and adding ‘‘approved flight
manual material, placards, and markings’’ to the
type specific information with which the pilot must
become familiar); see also 62 FR 16220 (Apr. 4,
1997) (adding ‘‘crew resource management
training’’ to time that must be performed and
logged).
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adopted the SIC qualification
requirements in part 61 in recognition of
the tremendous growth of part 91
operations and the introduction of more
sophisticated aircraft to this large
segment of aviation.76 The FAA
intended for the SIC qualification
requirements to ensure that sufficiently
qualified pilots occupy both flight
crewmember positions.77
The SIC qualification requirements of
§ 61.55 apply to persons seeking to serve
as SIC of an aircraft type-certificated for
more than one required pilot flight
crewmember or in operations requiring
a SIC pilot flight crewmember. As such,
this requirement without a regulatory
amendment will apply to SICs of any
powered-lift that is type-certificated for
more than one required pilot flight
crewmember. Additionally, the
requirements of § 61.55 would apply
during operations that require more
than one pilot flightcrew member by
regulation.78
Despite proposing to require the PIC
to hold a type rating, the FAA has
determined that, with the exception of
the unique scenario when a powered-lift
is not capable of performing all required
ACS tasks as discussed in section V.G
of this preamble, there is no need to
impose requirements beyond those
contained in § 61.55 for persons seeking
to serve as SIC of a powered-lift, which
have been deemed sufficient for other
categories of aircraft for over 50 years.79
As such, a person seeking to serve as
SIC will hold the appropriate poweredlift ratings on their pilot certificate and
complete familiarization training in the
specific type of powered-lift for which
SIC privileges are sought.
The requirements of § 61.55(a) ensure
that the SIC has obtained experience in
the powered-lift category and
successfully passed a practical test to
obtain the powered-lift rating. The FAA
recognizes that this experience may be
in a different type of powered-lift than
the powered-lift for which SIC
privileges are sought. For a pilot who
has passed the practical test in a
powered-lift that is capable of
76 Second-In-Command Qualifications and PilotIn-Command Proficiency Checks, NPRM, 36 FR
5247 (Mar. 19, 1971). Second-In-Command
Qualifications and Pilot-In-Command Proficiency
Checks, supplemental notice of proposed
rulemaking (SNPRM), 36 FR 11865 (Jun. 16, 1971).
In adopting SIC qualification requirements in part
61 for persons serving as SIC in part 91 operations,
the FAA also considered the improved safety record
in part 121 operations, which stemmed from a
modern system of pilot training and qualification
for part 121 certificate holders.
77 Id.
78 See §§ 91.189, 135.99, 135.101, and 135.111
and subpart K of part 91.
79 Large and Turbine-Powered Multiengine
Airplanes, Final Rule, 37 FR 14759 (Jul. 25, 1972).
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performing all the tasks required by the
ACS, the FAA finds that the existing SIC
familiarization training would ensure
that the person seeking to act as SIC
becomes familiar with and gains
sufficient experience operating the
specific type of powered-lift before
acting as SIC of that aircraft.80
Pursuant to § 61.55(b)(1), the person
seeking to serve as SIC of a powered-lift
would be required to become familiar
with information for the specific type of
powered-lift for which SIC privileges
are sought, including the operational
procedures applicable to the
powerplant, equipment, and systems;
performance specifications and
limitations; normal, abnormal, and
emergency operating procedures; flight
manual; and placards and markings.
Additionally, pursuant to § 61.55(b)(2),
the person seeking SIC privileges for a
powered-lift would be required to log
pilot time in the type of powered-lift 81
that includes the performance of three
takeoffs and landings to a full stop as
the sole manipulator of the flight
controls, engine-out procedures and
maneuvering with an engine out while
executing the duties of PIC, and crew
resource management training.
Therefore, while the person seeking SIC
privileges would hold only a poweredlift category rating, a person would
become familiar with the unique
operating characteristics of the specific
type of powered-lift prior to serving as
SIC of the powered-lift. Additionally,
the SIC familiarization training
requirements of § 61.55(b) serve as
recency of experience requirements in
that they require a person to accomplish
the familiarization training specified in
§ 61.55(b)(1) and (2) in the specific type
of aircraft within the 12 calendar
months preceding the month of the
flight. This requirement would ensure
that the SIC of a powered-lift has recent
experience handling the flight controls
of the powered-lift for which the SIC
privileges are sought.
Further, the FAA considered the role
of a PIC versus a SIC in part 91
operations, the FAA has determined
that it would be unnecessary to hold the
SIC of a powered-lift to the same
training and testing standards as the PIC
of a powered-lift. While a person
serving as SIC of a powered-lift may
80 For a pilot who was not required to
demonstrate proficiency of each task required by
the applicable Powered-Lift Category ACS, section
V.G of this preamble discusses the proposed
training and endorsement requirements that would
apply.
81 The FAA notes that § 61.55(b)(2) permits the
individual to perform and log pilot time in a flight
simulator that represents the type of aircraft for
which SIC privileges are requested.
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manipulate the controls of the poweredlift during an operation, the PIC, who
would hold a type rating and would
have demonstrated mastery of the
specific type of powered-lift, remains
directly responsible for, and is the final
authority as to the operation of, that
powered-lift.82 Thus, as with other
categories of aircraft, the PIC would
have the ability to take over the flight
controls at any point during the flight.
For the reasons discussed above, with
the exception of the situation discussed
in section V.G of this preamble, the FAA
has determined that the existing SIC
qualification requirements of § 61.55(a)
and (b) ensure that the person serving as
SIC of a powered-lift in part 91
operations (excluding operations
conducted under subpart K of part 91)
is sufficiently qualified to act as SIC.
Accordingly, this proposed rule would
not require the SIC of a powered-lift to
hold a type rating for the powered-lift.
As for the initial cadre 83 of pilots who
may serve as SIC of a powered-lift,
§ 61.55(a) requires the person seeking
SIC privileges to hold at least a private
pilot certificate with appropriate ratings
(i.e., powered-lift category rating) and, if
the flight will be conducted under IFR,
to hold an appropriate instrument rating
(i.e., instrument-powered-lift rating). As
previously discussed in section V.B of
this preamble, current or former military
pilots of powered-lift may obtain
commercial pilot certificates with
powered-lift category ratings as well as
instrument-powered-lift ratings
pursuant to § 61.73(a) and (b) based on
their military pilot qualifications. These
military pilots may be qualified to serve
as SIC of powered-lift without first
obtaining a type rating for the type of
powered-lift, provided they satisfy the
applicable requirements of § 61.55.
Additionally, pilots who obtain a
commercial pilot certificate with a
powered-lift category rating, an
instrument-powered-lift rating, and a
type rating pursuant to the alternate
pathway proposed in the SFAR may be
qualified to serve as SIC of any
powered-lift, provided the applicable
requirements of § 61.55 are met for the
82 A PIC has final authority and responsibility for
the operation and safety of the flight per the
definition of PIC contained at § 1.1. See also 14 CFR
91.3(a), Responsibility and authority of the pilot in
command.
83 The FAA uses the term ‘‘initial cadre’’
throughout this preamble. In some instances, initial
cadre refers to a sufficient number of instructors
and evaluators to train and qualify pilots for
powered-lift ratings under an approved training
program under part 135, 141, or 142. In other
instances, the term refers to a sufficient number of
pilots who are rated in powered-lift.
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powered-lift in which they will serve as
SIC.
2. SIC Pilot Type Rating
As previously discussed, § 61.55
provides for the issuance of a SIC pilot
type rating, which is required unless the
flight will be conducted as domestic
flight operations within the U.S.
airspace. The FAA established the SIC
pilot type rating and associated
qualifying procedures in 2005 84 to
conform the FAA pilot type rating
requirements to the ICAO pilot type
rating standards.85 The FAA intended
for the SIC pilot type rating
requirements in § 61.55 to allow U.S.
flight crews to operate in international
airspace.
The FAA codified two procedures for
obtaining the SIC pilot type rating.
Under § 61.55(d), a pilot who
satisfactorily completes the SIC
familiarization training requirements of
§ 61.55(b) may apply for and receive a
pilot rating for SIC privileges in the
particular aircraft type, provided the
training was completed within the 12
calendar months before the month of
SIC pilot type rating application.
Additionally, under § 61.55(e), a pilot
who satisfactorily completes an
approved SIC training program,
proficiency check, or competency check
under subpart K of part 91 or under
parts 125 or 135 may apply for and
receive a pilot type rating for SIC
privileges in the particular aircraft type,
provided the training was completed
within the 12 calendar months before
the month of SIC pilot type rating
application.
The SIC pilot type rating requirements
set forth by § 61.55(d) and (e) are
necessary for U.S. flight crews to
operate powered-lift in international
airspace. Therefore, the current SIC
pilot type rating requirements of § 61.55
will apply to persons seeking SIC
privileges in a powered-lift.
D. Supervised Operating Experience
Requirements of § 61.64
Section 61.64 addresses the use and
limitations of full flight simulators
(FFSs) and FTDs for training or any
portion of a practical test for certificates
and ratings, including aircraft type
ratings. As discussed in section IV.C,
there are currently no FSTD
84 Second-in-Command Pilot Type Rating, Final
Rule, 70 FR 45264 (Aug. 4, 2005). This revision did
not change the qualification requirements to serve
as SIC; rather, the revision was primarily intended
to conform U.S. SIC qualification requirements
under § 61.55 to the ICAO standards under Annex
1 of the Convention on International Civil Aviation.
85 See ICAO Annex 1, paragraphs 2.1.3.2,
2.1.4.1.b, and 2.1.4.1.1.
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representing powered-lift that have been
qualified under part 60. The FAA
anticipates, however, that a powered-lift
FSTD could obtain qualification under
proposed § 194.105 within the 10-year
period that the SFAR would be
effective. As such, the FAA has
evaluated the requirements in § 61.64
and is proposing changes.
Pursuant to § 61.64(a), an applicant
for an aircraft type rating may use an
FFS for training and testing, provided
the FFS meets certain requirements.
Section 61.64(a)(1) requires the FFS to
represent the category, class, and type of
aircraft for the rating sought.86 Section
61.64(a)(2) requires the FFS to be
qualified and approved by the
Administrator and used in accordance
with an approved course of training
under part 141 or 142, or under part 121
or 135 if the applicant is a pilot
employee of that air carrier operator.
Under § 61.64, an applicant for an
aircraft type rating may accomplish the
entire practical test (except for preflight
inspection) in a Level C or higher FFS,
the qualification of which is governed
by 14 CFR part 60. However, to ensure
the applicant has sufficient experience
operating the aircraft prior to serving as
PIC of that aircraft, § 61.64 requires the
applicant to satisfy one of the
aeronautical experience requirements
set forth in § 61.64(b)(1) through (5) for
turbojet airplanes, (c)(1) through (5) for
turbo-propeller airplanes, (d)(1) through
(4) for helicopters, or (e)(1) through (4)
for powered-lift, as appropriate to the
type rating sought. If the applicant
meets one of the aeronautical
experience requirements set forth in
§ 61.64(b), (c), (d), or (e), as appropriate
to the type rating sought, then the
applicant receives a type rating without
limitation. If the applicant does not
satisfy one of the aeronautical
experience requirements, then the
applicant receives a PIC limitation on
the applicant’s pilot certificate in
accordance with § 61.64(f)(2).87 The PIC
limitation restricts the applicant from
serving as PIC in the type of aircraft for
which the applicant has obtained a type
rating until the limitation is removed
86 The FAA recognizes that ‘‘class’’ is not
applicable to powered-lift, as proposed. Section I.H.
of this preamble discusses the FAA’s proposal to
update various references to category and class to
ensure each reference appropriately accounts for
powered-lift.
87 Section 61.64(f)(1) provides an alternative to
the PIC limitation specified in § 61.64(f)(2). Under
§ 61.64(f)(1), an applicant may obtain a type rating,
without limitation, by completing the following
tasks on the practical test in an aircraft appropriate
to category, class, and type for the rating sought:
preflight inspection, normal takeoff, normal
instrument landing system approach, missed
approach, and normal landing.
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from the pilot certificate by completing
the SOE requirements set forth in
§ 61.64(g). Specifically, the applicant
must perform 25 hours of flight time in
an aircraft of the category, class, and
type for which the limitation applies
under the direct observation of a
qualified PIC who holds the appropriate
ratings, without limitations, for the
aircraft.88 The applicant must obtain
this SOE while performing the duties of
PIC.89
The FAA has long required SOE for
newly rated pilots who used FFS to
accomplish the training and testing
required for the new rating. The SOE
requirements in part 61 originated from
exemptions that the FAA issued in the
1990s.90 In those exemptions, the FAA
permitted applicants to exclusively use
FFS for training and checking, provided
the applicants met certain experience
requirements specified in the conditions
and limitations of the exemption.
Applicants who met the experience
requirements in an aircraft were entitled
to a pilot certificate without limitation.
For applicants who met only half of the
prerequisite experience, the FAA
permitted the issuance of a certificate
with a limitation that restricted PIC
privileges in the aircraft until the
applicant accomplished 15 hours of
SOE in the actual aircraft. In subsequent
exemptions, the FAA extended the use
of FFS to a greater number of pilots by
permitting pilots to satisfy 25 hours of
SOE in lieu of meeting the experience
requirements in an aircraft.91 The FAA
stated that the 25 hours of SOE
paralleled the initial operating
experience (IOE) requirements of
§ 121.434.
In 1992, the FAA issued an NPRM
that proposed to increase the use of FFS
and FTDs by persons other than air
carrier certificate holders and reduce the
number of exemption petitions seeking
to use FFS for part 61 training.92
Specifically, the FAA proposed to
permit an applicant seeking an
additional rating to obtain the training
for that rating in an FFS or FTD,
provided the training was given in an
approved course conducted by a part
142 certificated training center.93 The
88 14
CFR 61.64(g)(1).
CFR 61.64(g)(3). Additionally, § 61.64(g)(2)
requires the applicant to log each flight and the PIC
who observed the flight to attest in writing to each
flight. To have the limitation removed, the
applicant must present evidence of the SOE to any
examiner or Flight Standards office pursuant to
§ 61.64(g)(4).
90 Exemption Nos. 3931E, 5158, 5169, 4652B.
91 Exemption Nos. 5232D, 5988.
92 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers,
NPRM, 57 FR 35888 (Aug. 11, 1992).
93 Id., at 35894.
89 14
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FAA explained that it had permitted
this practice for years pursuant to
exemptions,94 and the training had
proven to be effective.95 However, at
that time, the FAA did not propose to
require applicants to perform any SOE
after obtaining the additional aircraft
rating in the FFS or FTD.
In response to that proposal, the FAA
received several comments pertaining to
the importance of actual aircraft flight
experience.96 The National
Transportation Safety Board (NTSB)
acknowledged the limitations to
simulation and stated that the proposed
regulations must be sensitive to the
safety needs served by retaining some
aspects of actual flight experience. The
NTSB explained that experience in
training devices cannot fully replicate
operational experience in the actual
flight environment and the ‘‘seasoning’’
that such experience provides. The
NTSB urged the FAA to review the
proposed regulations to ensure that they
achieve the intent while still
safeguarding basic pilot and instructor
skills provided by the physical
operating environment. Similarly, the
Air Line Pilots Association (ALPA)
supported increased use of advanced
simulation but cautioned against relying
too heavily on simulator training in a
pilot’s early years and experience due to
important safety factors. ALPA stated
that one factor is a pilot’s familiarity
with and management of the air traffic
control (ATC) environment, specifically
the operation, decision-making
experience, and interaction with other
aircraft.
In the subsequent 1996 final rule,97
the FAA agreed with the commenters’
analysis of the importance of actual
aircraft experience when an applicant
uses flight simulation for a large portion
of required training and testing. The
FAA explained that, for years, it had
mechanisms for part 121 air carriers and
for operators under parts 91 and 125 to
ensure that PICs obtain actual aircraft
experience prior to acting as PIC for
aircraft requiring a type rating. The FAA
referenced the requirement in § 121.434
for a potential ATP-certificated PIC to
receive IOE under the supervision of a
check pilot. Additionally, the FAA
referenced the terms of the exemptions,
which imposed SOE requirements
similar to those required by § 121.434
94 At the time of the 1992 NPRM, there were 32
exemption holders that were permitted to use flight
simulators to satisfy part 61 training and checking
requirements. Id., at 35888.
95 Id., at 35894.
96 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers,
Final Rule, 61 FR 34508, 34522 (Jul. 2, 1996).
97 Id.
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on relatively inexperienced pilots who
sought to obtain a type rating entirely by
training and testing in an FFS for
purposes of operating under parts 91
and 125. The FAA determined that it
was essential to continue to require
newly certificated or rated pilots to
accomplish SOE prior to acting as PIC
for the first time in the NAS in an
aircraft that requires a type rating. As a
result, the FAA adopted the first SOE
requirements in § 61.64 for persons
seeking to use FFS and FTDs to obtain
additional aircraft ratings.98
Originally, the requirements of § 61.64
applied only to applicants seeking an
airplane type rating. However, in 1997,
the FAA expanded the regulation to
permit applicants to use a Level C or
higher FFS to obtain an aircraft type
rating in a helicopter or powered-lift.99
As a result, the FAA added regulatory
provisions for helicopter and poweredlift type ratings that largely mirrored the
requirements that existed for airplane
type ratings. Subsequently, in 2009, the
FAA issued a final rule that established
25 hours as the standard for SOE.100 The
FAA explained that 25 hours is an
appropriate amount of time to ensure a
pilot’s qualifications.
As discussed in section V.F of this
preamble, an applicant for a poweredlift type rating would be required to
satisfactorily complete the training and
testing for a type rating under an
approved training program at a part 141
pilot school, a part 142 training center,
or a part 135 operator. Upon completing
the approved training program, the
applicant may accomplish the practical
test in an FFS. The requirements of
§ 61.64 would, therefore, be applicable.
Upon consideration of the current
requirements in § 61.64 and their
applicability to applicants seeking a
powered-lift type rating, the FAA finds
it necessary to: (1) propose an
amendment to § 61.64(e) that would
require SOE for all powered-lift type
rating applicants who do not have 500
98 When § 61.64 was adopted in 1996, the
requirements therein applied to additional aircraft
ratings for other than ATP certificates and for other
than use under parts 121 and 135.
99 In 1997, the FAA consolidated the
requirements of § 61.64 into § 61.63, which was
revised and reorganized for clarity. 62 FR 16220,
16254.
100 Pilot, Flight Instructor, and Pilot School
Certification, Final Rule, 74 FR 42500, 42522 (Aug.
21, 2009). The 2009 final rule removed the
regulatory provisions that permitted a newly rated
pilot to remove the PIC limitation on their
certificate by satisfying certain experience
requirements and accomplishing only 15 hours of
SOE. Additionally, the 2009 final rule added new
§ 61.64 to contain all use and limitation
requirements for FFS and FTD. Thus, the
requirements that were previously found in
§ 61.63(e), (f), and (g) (for other than ATP
certification) were relocated to new § 61.64.
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hours of flight time in the powered-lift
for which they are seeking a type rating;
and (2) explain the FAA’s expectations
for the powered-lift that newly rated
pilots would use to perform their SOE.
Each of these items are subsequently
discussed in detail.
Currently, under § 61.64(e), an
applicant may accomplish the entire
practical test for a powered-lift type
rating in a Level C or higher FFS and
obtain the powered-lift type rating
without a PIC limitation on their pilot
certificate if the applicant satisfies one
of the experience requirements set forth
in § 61.64(e)(1) through (4). Section
61.64(e) contains the following options
to meet the experience requirement: (1)
hold a type rating in a powered-lift
without an SOE limitation; (2) have
been appointed by the U.S. Armed
Forces as PIC of a powered-lift; (3) have
500 hours of flight time in the type of
powered-lift for which the rating is
sought; or (4) have 1,000 hours of flight
time in two different types of poweredlift. An applicant who does not satisfy
one of these experience requirements
must perform 25 hours of SOE in a
powered-lift of the type for which the
limitation applies under the direct
observation of a qualified PIC prior to
serving as PIC of the powered-lift.
The FAA recognizes the significant
advancements in flight simulation
technology that have contributed to the
levels of realism experienced in
simulation today. Additionally, the FAA
has long recognized that the use of
simulation in flight training provides an
opportunity to train, practice, and
demonstrate proficiency in a safe,
controlled environment. For example,
this environment enables
comprehensive and in-depth training for
the efficient application of critical
emergency procedures. It is important to
emphasize, however, that as poweredlift are coming to the civilian market for
the first time, the only pilots with
powered-lift experience are military
pilots and test pilots, and there is a lack
of commonality in the operating
characteristics between types of
powered-lift. Therefore, while
applicants for a powered-lift type rating
may accomplish their training and
testing in FFS under an approved
training program,101 the FAA has
determined that applicants must have
sufficient experience operating the
powered-lift for which a type rating is
sought in the actual flight environment
prior to acting as PIC of the aircraft for
the first time in the NAS. To this end,
the FAA has evaluated the current
provisions in § 61.64(e) to ascertain
101 14
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102 The ‘‘SOE limitation’’ in current § 61.64(e)(1)
refers to the PIC limitation specified in § 61.64(f)(2).
CFR 61.64(a)(2).
Frm 00018
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whether an applicant who meets one of
these requirements would have
sufficient, transferable experience
operating an actual powered-lift such
that SOE in the powered-lift for which
a type rating is sought would be
unnecessary.
The experience requirements in
§ 61.64(e) were adopted in 1997 when
the FAA added the powered-lift
category to part 61. Therefore, several of
the experience requirements for
powered-lift type rating applicants are
category-specific rather than classspecific, as class ratings do not exist for
powered-lift. Upon comparing the
experience requirements for poweredlift type rating applicants in § 61.64(e) to
those experience requirements for
airplane and helicopter type rating
applicants in § 61.64(b), (c), and (d), the
FAA finds that the category-specific
experience requirements for poweredlift type ratings in § 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 § 61.64(b)(1) through (3);
(c)(1) through (3); and (d)(1), (2), and (4),
as subsequently discussed.
Section 61.64(e)(1) allows an
applicant for a powered-lift type rating
to receive a type rating without
limitation if the applicant already holds
a type rating in a powered-lift without
a SOE limitation.102 While this
resembles the requirements in
§ 61.64(b)(1), (c)(1), and (d)(1), it does
not achieve the same objective as those
requirements. Specifically, § 61.64(e)(1)
permits the applicant to hold a type
rating in any powered-lift. This differs
from § 61.64(b)(1), (c)(1), and (d)(1),
which are tethered to commonalities
between classes of aircraft (i.e.,
paragraph (b)(1) requires the applicant
to hold a type rating in a turbojet
airplane of the same class of airplane;
paragraph (c)(1) requires the applicant
to hold a type rating in a turbo-propeller
airplane of the same class of airplane;
and paragraph (d)(1) requires the
applicant to hold a type rating in a
helicopter, which is a class of
rotorcraft). Thus, the experience
requirements in § 61.64(b)(1), (c)(1), and
(d)(1) ensure the applicant for an
airplane or helicopter type rating holds
a type rating for an aircraft that shares
similar operating characteristics as the
aircraft for which an additional type
rating is sought. By contrast, the
experience requirement for powered-lift
in § 61.64(e)(1) permits an applicant to
forgo SOE in the powered-lift for which
the type rating is sought if the applicant
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holds a type rating in the general
powered-lift category, which may
include powered-lift that vary
significantly in design, handling, and
operating characteristics.
Section 61.64(e)(2) permits an
applicant for a powered-lift type rating
to receive a type rating without
limitation if the applicant has been
appointed by the U.S. Armed Forces as
PIC of a powered-lift. While this
requirement appears to parallel the
requirements in § 61.64(b)(3), (c)(3), and
(d)(2), it differs from those requirements
because it permits the military pilot to
be qualified as PIC of any type of
powered-lift rather than a powered-lift
that shares similar operating
characteristics with the powered-lift for
which a type rating is sought (i.e., a
class of aircraft as promulgated in
paragraphs (b)(3), (c)(3), and (d)(2)). The
FAA recognizes that military pilots who
are qualified to act as PIC of military
powered-lift have undergone rigorous
training and have a significant amount
of flight time operating military
powered-lift in complex environments.
As explained in section V.B of this
preamble, the U.S. Armed Forces have
trained military pilots to operate
military-specific powered-lift, such as
the Bell-Boeing V–22 Osprey,
McDonald-Douglas AV–8 Harrier, and
F–35B STOVL. These military pilots
may qualify for a powered-lift category
rating based on military competency in
accordance with § 61.73.103 However, as
discussed in section V.B of this
preamble, the FAA finds that the
experience a military pilot has obtained
while operating powered-lift in the U.S.
Armed Forces may not ensure the pilot
has the knowledge and skills necessary
to handle the unique flight qualities of
the civil powered-lift for which a type
rating is sought in the civil operating
environment.
Under § 61.64(e)(4), an applicant for a
powered-lift type rating may obtain the
type rating without a PIC limitation if
the applicant has 1,000 hours of flight
time in two different types of poweredlift. While this requirement appears to
mirror the requirements for airplane and
helicopter type ratings in § 61.64(b)(2),
(c)(2), and (d)(4), it does not achieve the
same objective as those requirements
because, again, it is category-specific
rather than class-specific. The 1,000
hours of experience in § 61.64(b)(2),
(c)(2), and (d)(4) must be obtained in the
same category and class of aircraft,
whereas the 1,000 hours of experience
103 As explained in section V.B of this preamble,
these pilots would still be required to obtain a
powered-lift type rating to operate a civil poweredlift.
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in § 61.64(e)(4) must be obtained in the
same category of aircraft only (i.e., any
powered-lift). Requiring 1,000 hours in
two different types of powered-lift,
which the FAA again emphasizes may
drastically differ in operating
characteristics, may not ensure that an
applicant for a powered-lift type rating
will have flight time handling the
unique flight qualities of the poweredlift for which a type rating is sought in
the actual operating environment.
In sum, the FAA has determined that
broad experience obtained in the
powered-lift category should not relieve
an applicant for a powered-lift type
rating from accomplishing SOE to
remove a PIC limitation in the poweredlift for which a type rating is sought.
Consistent with the FAA’s
determinations in the 1996 final rule
previously discussed, when an
applicant uses flight simulation for a
significant portion of the required
training and testing, it is important to
ensure that the applicant has experience
in the actual aircraft prior to acting as
PIC of that aircraft. The FAA finds that
this is especially important for poweredlift because, as discussed in section V.A
of this preamble, powered-lift vary
widely in design. Each type of poweredlift can have different configurations,
unique inceptors, diversified flight
controls, and complicated and
distinctive operating characteristics,
which makes it infeasible for the FAA
to establish classes of powered-lift at
this time.
To ensure pilots have experience
operating the powered-lift in the actual
flight environment prior to serving as
PIC of that powered-lift, the FAA is
proposing to remove the categoryspecific experience requirements in
§ 61.64(e)(1), (2), and (4). Instead, where
a powered-lift type rating applicant
accomplishes the entire practical test in
an FFS and would otherwise satisfy the
current experience requirements in
those paragraphs, the FAA would
require a PIC limitation be placed on
their certificate. The pilot would be
required to accomplish SOE in the
powered-lift under the observation of a
qualified PIC to remove the limitation.
As the NTSB noted in the 1996 final
rule, FFS cannot fully replicate
operational experience in the actual
flight environment and the ‘‘seasoning’’
that such experience provides.
The only experience requirement in
§ 61.64(e) that is not category-specific is
§ 61.64(e)(3). Section 61.64(e)(3) permits
an applicant for a powered-lift type
rating to receive a type rating without
limitation if the applicant has 500 hours
of flight time in the type of powered-lift
for which the rating is sought. This
PO 00000
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38963
requirement mirrors the requirements in
§ 61.64(b)(4), (c)(4), and (d)(3) that apply
to applicants seeking a type rating for a
turbojet airplane, turbo-propeller
airplane, and helicopter. The FAA
recognizes that there are currently no
type-certificated powered-lift. There are
several manufacturers, however, that are
pursuing a type certificate (TC) for their
powered-lift. To obtain a TC for an
aircraft, the manufacturer must apply in
accordance with part 21 and show that
the aircraft meets the applicable
airworthiness requirements.104 As part
of the type certification process,
manufacturers of powered-lift must
conduct developmental and certification
flight tests. To enable this flight testing
in a non-type-certificated aircraft, the
FAA issues an experimental certificate
to the aircraft for certain purposes
delineated in § 21.191, such as research
and development and to show
compliance with the FAA’s regulations.
The FAA also issues authorizations to
the manufacturers’ test pilots that allow
the test pilots to act as PIC of the aircraft
during experimental aircraft operations.
Therefore, the only pilots who have
significant experience operating the
civil powered-lift that are coming to
market are the manufacturers’ test
pilots. Upon analyzing the requirement
in current § 61.64(e)(3), the FAA has
determined that the manufacturer’s test
pilots may have at least 500 hours of
flight time in the type of powered-lift for
which they seek a rating.
The manufacturer’s test pilots play a
significant role in the development and
certification of an aircraft. They are
involved in the certification plan for the
powered-lift from the earliest days and
often have an engineering degree in
addition to a pilot certificate. These test
pilots that have engineering degrees are
generally involved in the manufacturer’s
design and development of the aircraft’s
systems and components as well as the
flight testing of such. Test pilots
conduct both qualitative and
quantitative flight tests of an aircraft to
evaluate the flight controls, avionics,
propulsion, mechanical and electrical
systems, and equipment installations.
The purpose of an aircraft flight test is
to make determinations about an
aircraft’s performance and flying
qualities, to ensure all safety features
and redundant systems function as
intended, and to operate the aircraft to
its limits and beyond to determine the
appropriate operating envelope. When
issues arise during a flight test, the test
pilot often works with the manufacturer
104 14 CFR 21.17. Additionally, section IV of this
preamble discusses powered-lift type certification
in further detail.
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to resolve such issues. Because test
pilots have intricate knowledge of the
aircraft systems, they are able to identify
risks and mitigation techniques to
ensure product safety. Test pilots are
also immersed in authoring material for
the aircraft flight manual, including
systems descriptions, aircraft
limitations, and normal and emergency
procedures. Furthermore, test pilots are
responsible for performing maintenance
checks and post maintenance flight tests
on an aircraft.
In light of the key role a test pilot
plays in the development and
certification of a powered-lift, the FAA
finds that a test pilot who has at least
500 hours of flight time in the poweredlift of the type for which they seek a
rating will have the knowledge and
skills necessary to handle the unique
flight qualities of the powered-lift in the
actual aircraft. Furthermore, while the
majority of the test pilot’s duties may
involve flight testing and certification
activities, these flights are not
conducted in a sterile environment. The
test pilots are responsible for
conducting the aircraft flight tests while
also taking care of the operational
aspects of the flight, including filing a
flight plan, conducting departures and
instrument approaches, communicating
with ATC, and interacting with other
aircraft. Therefore, the FAA has
determined that these test pilots will
have sufficient experience manipulating
the controls of the actual powered-lift in
the operational environment of the NAS
such that an SOE limitation is
unnecessary.
For these reasons, the FAA proposes
to retain only the requirement that
currently exists in § 61.64(e)(3), which
allows applicants for a powered-lift type
rating who use an FFS for the practical
test to receive the type rating without a
PIC limitation on their pilot certificate
if they have at least 500 hours of flight
time in the type of powered-lift for
which they seek a rating. Powered-lift
type rating applicants who do not use a
powered-lift during the practical test
and do not satisfy § 61.64(e)(3) must
accomplish SOE in the type of poweredlift for which they obtain a type rating,
pursuant to § 61.64(g). This requirement
safeguards the knowledge and skills
provided by physically operating the
aircraft in the flight environment. For
example, it would ensure these newlyrated powered-lift pilots obtain
experience handling the flight controls
of the powered-lift for which they
obtain a type rating in a non-sterile
operating environment where they must
operate the powered-lift while
simultaneously making decisions,
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communicating with ATC, and
interacting with other aircraft.
Before the newly rated powered-lift
pilots may perform SOE in powered-lift,
there must first be a cadre of qualified
PICs to directly observe the flight
time.105 These supervising PICs would
be considered qualified if they hold a
commercial pilot certificate with a
powered-lift category rating and a type
rating, without limitations. The lack of
qualified FSTD for powered-lift means
that most initial powered-lift ratings
would be accomplished in the aircraft in
flight. The proposed alternate pathways
to certification in the SFAR would
enable persons to obtain powered-lift
ratings without a limitation on their
commercial pilot certificates by training
and testing in a powered-lift. By the
time the first groups of pilots seek
training and testing entirely in FFS,
there will be sufficient numbers of
qualified pilots who hold type ratings
without limitations for the purpose of
observing SOE.
The FAA also notes that an applicant
may be qualified to be a PIC without the
limitation set forth by § 61.64(f)(2) if,
during the practical test, the applicant
completes the tasks pursuant to
§ 61.64(f)(1) in a powered-lift.
Specifically, the applicant must
complete preflight inspection, normal
takeoff, normal instrument landing
system approach, missed approach, and
normal landing, appropriate to the
powered-lift category and type rating
sought.
For the reasons previously explained,
the FAA is proposing to amend
§ 61.64(e) by removing the categoryspecific experience requirements in
paragraphs (e)(1), (2), and (4) that enable
an applicant for a powered-lift type
rating to obtain a type rating without
limitation. Because three of the four
paragraphs in current paragraph (e)
would be removed, the FAA is
proposing to consolidate the leading
paragraph of current § 61.64(e) with the
experience requirement that currently
exists in paragraph (e)(3). Therefore, the
only applicants for a powered-lift type
rating who may forgo SOE after
obtaining the type rating by completing
the entire practical test in a flight
simulator and receiving a PIC limitation
are those applicants who have at least
500 hours of flight time in the type of
powered-lift for which the rating is
sought. The FAA also proposes to make
a conforming amendment to § 61.64(f)
that would remove the cross-references
105 Pursuant to § 61.64(g)(2), the SOE must be
under the direct observation of the PIC who holds
a category, class, and type ratings, without
limitations, for the aircraft.
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to the experience requirements
currently contained in § 61.64(e)(1)
through (4).
If the entire practical test (except for
preflight inspection) for the proposed
powered-lift type rating occurs in a
flight simulator, the applicant would
receive a type rating with a PIC
limitation unless the applicant has at
least 500 hours of flight time in the type
of powered-lift for which the rating is
sought. To remove the PIC limitation,
the applicant would be required to
perform the SOE required by § 61.64(g).
Pursuant to § 61.64(g)(1), an applicant
may remove the PIC limitation from
their pilot certificate if the applicant
performs 25 hours of flight time in a
powered-lift of the type for which the
limitation applies under the direct
observation of a PIC who holds the
appropriate ratings without limitations.
Section 61.64(g)(3) states that the
applicant must obtain this SOE while
performing the duties of PIC.106 Because
the applicant has a limitation on their
pilot certificate that prohibits the
applicant from serving as PIC in an
aircraft of that type, the applicant is not
acting as PIC of the aircraft during the
SOE. As a result, the qualified PIC
observing the SOE is acting as PIC of the
operation.
Pursuant to § 91.3(a), the PIC of an
aircraft is directly responsible for, and is
the final authority as to, the operation
of the aircraft. Likewise, the definition
of PIC in § 1.1 states, in relevant part,
that a PIC ‘‘has final authority and
responsibility for the operation and
safety of the flight.’’ Therefore, while
the requirements in § 61.64(g) do not
expressly state that the aircraft used for
SOE must have a dual set of controls,107
it can be inferred from the regulatory
requirements that the supervising PIC
must have access to controls in the
aircraft. Without access to a dual set of
controls, the PIC would be unable to act
as the person directly responsible for
the operation of the aircraft and safety
of the flight.
Under the current regulatory
framework in part 61, a pilot is required
to hold only a powered-lift category
106 The FAA considers a person to be performing
the duties of a PIC when the person performs all
the functions of the PIC including landings and
takeoffs, en route flying, low approaches, and
ground functions. See Legal Interpretation to
Duncan (Apr. 13, 2012). In the air carrier
environment, the FAA generally uses the term
‘‘pilot flying,’’ which it defines as ‘‘[t]he pilot who
is controlling the path of the aircraft at any given
time, in flight or on the ground.’’ Advisory Circular
120–71B, Chapter 1, Sec. 1.4.
107 Section 91.109(a) requires an aircraft that is
being used for flight training to have fully
functioning dual controls. However, because the
SOE required under § 61.64(g) is not flight training,
§ 91.109(a) does not apply.
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rating to operate a powered-lift. As a
result, under the current regulations, a
manufacturer may develop a poweredlift with a single set of controls with the
expectation that a pilot could obtain
flight training in a different powered-lift
for purposes of meeting the aeronautical
experience requirements and obtaining
a powered-lift category rating under part
61. Upon obtaining the powered-lift
category rating, the pilot would then be
qualified to operate a powered-lift that
has only one set of controls.
Because the proposed regulations
would require the majority of newlyrated powered-lift pilots who use an
FFS for the practical test to perform SOE
in the powered-lift for which they
obtain a type rating, the proposal would
result in a different outcome for
manufacturers that are developing
powered-lift with only one set of
controls. To enable the performance of
SOE where the applicant is performing
the duties of PIC but the PIC observing
the flight is acting as PIC of the
operation, each powered-lift would be
required to have a version of the aircraft
that contains fully functioning dual
controls. The FAA recognizes that there
are manufacturers who are currently
seeking type certification of powered-lift
that have only one pilot seat and a
single set of controls.108 To comply with
the proposal, the FAA expects these
manufacturers to develop a version of
the aircraft to contain fully functioning
dual controls, which is consistent with
the FAA’s expectations for flight
training in airplanes and helicopters
that require a type rating.
To the extent powered-lift
manufacturers may experience
additional compliance costs as a result
of this proposal, the FAA notes that it
has considered whether there are
alternate ways to perform the SOE with
only one set of controls in the aircraft.
Currently, there is a movement towards
Simplified Vehicle Operations (SVO),
which is ‘‘the use of automation
coupled with human factors best
practices to reduce the quantity of
trained skills and knowledge that the
pilot or operator of an aircraft must
acquire to operate the system at the
108 The proposed type rating requirement would
likewise present obstacles to powered-lift with
single controls. Applicants for powered-lift type
ratings would be required under §§ 61.63(d)(2) and
61.157(b) to obtain flight training in the type of
powered-lift for the rating sought. Because the
applicant would not be rated to act as PIC of the
aircraft, the person providing the flight training
must act as PIC. Under § 91.109, the aircraft would
be required to have a dual set of controls, and the
flight instructor as PIC must have access to controls
in the aircraft to perform their duties under § 91.3.
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required level of operational safety.’’ 109
Some manufacturers are in the process
of demonstrating advanced automation
technology as part of this movement;
however, nothing has been certified yet.
As a result, the FAA lacks operational
data to analyze whether such
technology would safely enable SOE in
an aircraft without dual functioning
controls. The FAA expects to obtain
sufficient data over the duration of the
SFAR that could inform a potential
rulemaking on this subject.
The requirement for a dual set of
controls for flight training in all aircraft
originated in 1938.110 It is a
foundational safety regulation
applicable to airplanes, helicopters, and
powered-lift alike that prevents an
inexperienced person from being solely
responsible for the manipulation of the
flight controls. The same safety rationale
for requiring a dual set of controls
during flight training applies equally to
the SOE scenario for aircraft because the
pilot seeking to accomplish SOE holds
a limitation that prevents them from
acting as PIC until they can demonstrate
the ability to perform the duties of PIC
in the operational environment under
supervision of a fully-rated PIC. While
there may be technological
advancements in the future that enable
the performance of SOE without a dual
set of controls (e.g., virtual SOE), the
FAA has determined that it would be
premature to codify alternate ways to
accomplish SOE in the regulations at
this time without a more robust
understanding of the safety
implications.
accumulation of other flight experience,
and successful completion of a practical
test with a designated examiner. A
person generally begins as a student
pilot under strict limitations (§ 61.89),
obtains a private pilot certificate with
limited privileges (§ 61.113), builds
flight time as a private pilot, trains and
tests for a commercial pilot certificate
with expanded privileges (§ 61.133), and
finally builds flight time as a
commercial pilot toward the hours
needed for the ATP certificate, which is
necessary to serve as a PIC or SIC in part
121 operations as well as to serve as a
PIC in certain part 135 operations.112
Under this building block approach, a
pilot must meet minimum aeronautical
experience requirements at each
certificate level that include total time
requirements (e.g., 250 total hours to be
eligible for a commercial pilot
certificate) and subsets of flight time
like pilot-in-command time, night time,
and cross-country time. In many
instances, a portion of this time must be
accomplished in the aircraft for the
category rating sought. For instance, to
apply for a commercial pilot certificate
in the airplane category, a person must
have 250 hours of flight time as a pilot
of which 50 hours must be in airplanes,
50 hours must be pilot-in-command
time in airplanes, and 10 hours must be
pilot-in-command time in cross-country
flight in airplanes.
The predominant categories of aircraft
(i.e., airplane and rotorcraft) that operate
in the NAS today have been in existence
for over 80 years. There are currently
over 470,000 certificated pilots (other
than student pilots) including over
E. Establish an Alternate Pathway for
100,000 commercial pilots and 163,000
Pilot Certification
The introduction of powered-lift as an ATPs. Most importantly, there are over
121,000 certificated flight instructors.113
entirely new category of civil aircraft
These flight instructors form the
creates unique challenges for the
backbone of the civil airman
training and certification of airman.
certification framework. As noted, the
Typically, a person interested in
becoming a professional pilot 111 follows only powered-lift pilots and flight
an incremental path that builds piloting instructors with FAA certification have
obtained those ratings through the
skills through an iterative series of
recognition of military competency in
training with a flight instructor,
§ 61.73. Currently, the FAA has
certificated 759 powered-lift pilots and
109 GAMA, A Rationale Construct for Simplified
365 powered-lift flight instructors
Vehicle Operations (SVO), (May 20, 2019).
110 14 CFR 20.655 (1938). ‘‘Dual controls. No
through this process.114 While these
flying instruction shall be given in any aircraft, for
powered-lift pilots and flight instructors
or without hire, unless such aircraft is equipped
form an initial cadre that can serve as
with fully functioning dual controls and a
pilots in powered-lift operations or
certificated instructor is in full charge of one set of
said controls. Such dual controls shall be fully
provide training to persons seeking
functioning as set forth in § 20.53, except in aircraft
powered-lift ratings, it is likely
manufactured prior to January 1, 1939.’’
111 Because the powered-lift that are currently
working through the aircraft certification process
are largely intended for commercial use, this
discussion focuses on the training and certification
necessary for those types of operations. The FAA
understands that many pilots engage in aviation
solely for recreational purposes and may not follow
this path to higher certification.
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112 See 14 CFR 135.4(a)(2)(ii)(A), 135.243(a)(1)
and (2).
113 https://www.faa.gov/data_research/aviation_
data_statistics/civil_airmen_statistics.
114 According to the FAA’s Airman Certification
Branch, these numbers represent the powered-lift
airmen certificate holders as of Sep. 21, 2022.
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insufficient to meet the upcoming
demands.
To add to the challenges, the FAA
does not anticipate that the initial
powered-lift that obtain type
certification will be broadly available
for basic airman training and
certification at the private pilot level.
Rather, manufacturers intend to produce
powered-lift for commercial purposes,
meaning the initial pilots will be
required to hold at least commercial
pilot certificates to act as required
flightcrew members (i.e., PIC or SIC) for
compensation or hire. This situation
disrupts the building block approach to
flight training and certification that has
worked for other categories of aircraft.
As there are no civil powered-lift, a
person would have difficulty obtaining
flight training due to the low numbers
of qualified flight instructors and would
not have the necessary flight time in a
powered-lift to be eligible for a
commercial pilot certificate.115
Manufacturers and operators
interested in using powered-lift in
commercial operations have reached out
to the FAA to express concern that the
existing aeronautical experience
requirements for powered-lift present an
insurmountable obstacle to enabling
powered-lift operations. The FAA
understands the concerns but must find
ways to enable operations in poweredlift without adversely affecting safety.
The following sections lay out a
proposed pathway for pilots to obtain
powered-lift ratings through alternate
aeronautical experience requirements
and expanded logging provisions. The
FAA notes that if no alternate
aeronautical experience or logging
provision is provided under proposed
part 194, the person must meet the
applicable part 61 requirements, as
appropriate.116
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1. Applicability of Alternate
Requirements
Except for the alternate requirements
for cross-country discussed later in this
section, the FAA proposes to limit the
alternate aeronautical experience and
115 The biggest obstacle to obtaining a new
category rating at the commercial pilot certificate
level is the required PIC time in the category
because the only way to log PIC time when a person
is not yet rated in the aircraft is as the sole
occupant. All other logging requirements for PIC
time require the pilot to be rated in the aircraft.
When a person obtains a rating at the private pilot
level, there is no requirement for PIC time, but a
student pilot must accomplish 10 hours of solo
flight time, which qualifies as PIC time. At the
commercial pilot level, for someone not yet rated
in the category of aircraft (i.e., someone adding a
new category rating), most of the 50 hours of PIC
time required in category must be accomplished as
solo flight time. See 14 CFR 61.51(e).
116 See proposed § 194.215(b).
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logging requirements for obtaining a
powered-lift category rating and
instrument-powered-lift rating to those
persons who already hold at least a
commercial pilot certificate with at least
an airplane category and single- or
multiengine class rating or a rotorcraft
category and helicopter class rating.117
The person would also be required to
hold an instrument-airplane or
instrument-helicopter rating that
corresponds to a category rating held at
the commercial pilot certificate level.
These prerequisites would be set forth
in proposed § 194.215(a).
To obtain a commercial pilot
certificate with either airplane class
ratings or a helicopter rating, a person
must satisfy the aeronautical experience
requirements in § 61.129(a), (b), or (c),
as appropriate to the ratings sought,
pass a knowledge test on the
aeronautical knowledge areas specified
in § 61.125, and pass a practical test on
the areas of operation listed in § 61.127.
To pass a practical test for a commercial
pilot certificate with appropriate ratings,
the applicant must demonstrate mastery
of the aircraft by successfully
performing each task specified in the
areas of operation for the practical test.
The applicant is also required to
demonstrate proficiency and
competency within the approved
standards set forth for the commercial
pilot certificate level, which are more
stringent than the standards set forth for
private pilots.118
Similarly, to obtain an instrumentairplane or -helicopter rating, the person
must satisfy the instrument rating
requirements of § 61.65 (as appropriate
to the rating sought), which prescribes
that the applicant must: obtain certain
aeronautical experience, including a
significant amount of instrument
training; pass a knowledge test on the
aeronautical knowledge areas that apply
to the instrument rating sought; and
pass a practical test on the areas of
operation specified in § 61.65(c).
Based on these requirements, a person
who already holds a commercial pilot
certificate for airplanes or helicopters
will have significant flight time 119 and
117 As discussed in this section of this preamble,
the FAA is proposing in § 194.237 to provide
limited relief from the current cross-country time
requirements to private pilots.
118 14 CFR 61.43.
119 To obtain a commercial pilot certificate with
an airplane category and single- or multiengine
airplane rating, an applicant must log at least 250
hours of total flight time as a pilot that consists of
certain flight time and training requirements. See
§ 61.129(a) and (b). Similarly, to obtain a
commercial pilot certificate with a rotorcraft
category and helicopter class rating, an applicant
must log at least 150 hours of flight time as a pilot
that consists of certain flight time and training
requirements. See § 61.129(c).
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valuable experience operating in the
NAS, communicating with ATC,
interacting with other air traffic, and
acting as PIC of an airplane or
helicopter. The proposed applicability
requirements would ensure that the
pilots taking advantage of the alternate
requirements set forth in the SFAR have
significant experience in either an
airplane or helicopter and have
demonstrated proficiency and
competency in either an airplane or
helicopter at the commercial pilot level.
Furthermore, by requiring these persons
to hold an instrument-airplane or
-helicopter rating, persons seeking to
meet the alternate requirements for a
powered-lift category rating would have
experience operating an airplane or
helicopter under IFR and have
demonstrated proficiency on the
instrument rating practical test. These
prerequisites for the alternate pathway
would ensure that the initial cadre of
powered-lift pilots have a solid
foundational skill set and extensive
experience prior to adding powered-lift
ratings to their commercial pilot
certificate.
2. Obtaining a Powered-lift Category
Rating on the Commercial Pilot
Certificate (§ 61.129(e))
To obtain a commercial pilot
certificate with a powered-lift category
rating, a person must satisfy the
eligibility requirements for a
commercial pilot certificate, which are
contained in § 61.123. Section 61.123(f)
requires a person to meet the
aeronautical experience requirements of
§ 61.129 that apply to the aircraft
category rating sought before applying
for the practical test. The aeronautical
experience requirements for a person
seeking to obtain a commercial pilot
certificate with a powered-lift category
rating or seeking to add a powered-lift
category rating to a commercial pilot
certificate are contained in
§ 61.129(e).120
Section 61.129(e) requires a person
who applies for a commercial pilot
certificate with a powered-lift category
rating to log at least 250 hours of total
flight time as a pilot which must contain
at least the subsets of aeronautical
experience specified in § 61.129(e)(1)
through (4). Section 61.129(e)(1)
through (4) require specific flight time,
120 Section 61.63(b)(1) states that a person who
applies to add a category rating to a pilot certificate,
‘‘[m]ust complete the training and have the
applicable aeronautical experience.’’ Accordingly, a
person seeking to add a powered-lift category rating
to a commercial pilot certificate must meet the
aeronautical experience requirements of § 61.129(e).
See Legal Interpretation to McClellan (2015)
(explaining that there is no shortcut available when
adding a category rating to an existing certificate).
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such as flight time in powered aircraft,
flight time in powered-lift, PIC flight
time (including a certain amount of PIC
time in a powered-lift), cross-country
time, flight training time, and solo flight
time (or flight time performing the
duties of PIC in a powered-lift with an
authorized instructor onboard). The
FAA established these aeronautical
experience requirements for a poweredlift category rating in the 1997 final rule,
when the FAA established the poweredlift category in part 61.121
At the time the FAA introduced
aeronautical experience requirements
for the powered-lift category, larger
powered-lift were in production. Based
on these powered-lift, the FAA decided
to codify aeronautical experience
requirements for powered-lift that
mirrored the aeronautical experience
requirements for airplanes. The
preamble supporting the 1997 final rule
was silent as to why the aeronautical
experience requirements for airplanes
were more appropriate for powered-lift
compared to the aeronautical experience
requirements for other categories of
aircraft. Since the FAA added the
powered-lift category to part 61, several
powered-lift are in the type-certification
process. The powered-lift currently
coming to the civilian market do not
align with the aircraft that the FAA
anticipated at the time it codified the
aeronautical experience requirements
for the powered-lift category.122
Additionally, powered-lift did not flood
the civilian market as the FAA
anticipated.
Currently, civilian pilots are unable to
satisfy many of the aeronautical
experience requirements in § 61.129(e)
because there are no certificated
powered-lift in civil operations in
which they can build the necessary
flight time. Even when powered-lift
category aircraft are introduced to civil
aviation, pilots will be unable to satisfy
several of the aeronautical experience
requirements for a commercial pilot
certificate and an instrument rating,
such as PIC flight time in powered-lift
and cross-country experience in
powered-lift. As subsequently discussed
in more detail, the logging requirements
of § 61.51(e) currently present obstacles
121 Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, Final Rule, 62 FR
16220 (Apr. 4, 1997).
122 Powered-lift coming to market today are much
different in size, capabilities, range, performance,
and propulsion than what was present in 1997. The
larger transport category size aircraft at that time
differ greatly from powered-lift coming to market
today, many of which have electric propulsion
concepts, simplified flight controls, and other
operational considerations that were not present
when the FAA first codified powered-lift in the
rule.
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for a pilot who is not rated in a
powered-lift to log PIC flight time in a
powered-lift. Additionally, several
powered-lift coming to market are not
capable of completing the long-range
distances that are currently prescribed
for cross-country flights in § 61.129(e)(3)
and (4).
The FAA recognizes the need to
enable a pathway for a person to obtain
a powered-lift category on their
commercial pilot certificate. However,
because powered-lift are just beginning
to enter the market, the FAA lacks the
operational data necessary to properly
inform a rulemaking that would
permanently amend the aeronautical
experience requirements in § 61.129(e).
The FAA is therefore proposing in part
194 to enable certain applicants for a
powered-lift category rating on their
commercial pilot certificate to satisfy
alternate aeronautical experience and
logging requirements. Additionally, the
proposed rule would permit the
applicant to credit additional time
obtained in an FFS towards certain
flight time requirements.123
This section of the preamble discusses
the alternate experience and logging
requirements, as applicable, to obtain a
powered-lift category rating on a
commercial pilot certificate, for (1) test
pilots and instructor pilots, (2) the
initial cadre of instructors, (3) pilots
receiving training under an approved
training program, including provisions
that would enable certain applicants to
credit time obtained in an FFS toward
certain flight time requirements.
Alternate requirements for cross-country
flights are discussed subsequently in
this section because they are generally
applicable to all applicants for a
commercial pilot certificate with a
powered-lift category rating. Section
E.5.i of this preamble contains tables
summarizing the proposed alternate
requirements for persons seeking a
powered-lift category rating on a
commercial pilot certificate.
i. Test Pilots and Instructor Pilots:
Alternate Aeronautical Experience and
Logging Requirements for a Powered-lift
Category Rating
Currently, several manufacturers are
pursuing a type certificate for poweredlift, which requires developmental and
certification flight tests to establish that
the aircraft meets the applicable
certification standards.124 To enable this
123 The FAA notes that part 60 does not currently
contain qualification standards for powered-lift
FSTDs (i.e., FFSs and FTDs); however, the FAA
intends to qualify powered-lift FSTDs in
accordance with proposed § 194.105, as discussed
in section IV.C of this preamble.
124 See 14 CFR 21.35.
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flight testing in a non-type-certificated
aircraft, the FAA issues an experimental
certificate to the aircraft for certain
purposes, such as for research and
development and showing compliance
with the FAA’s regulations, as discussed
in section V.A of this preamble.
Powered-lift manufacturers also have
instructor pilots who are tasked with
developing and validating the training
for experimental powered-lift. To enable
these training flights, the FAA issues
experimental certificates for the purpose
of crew training. At this time, the
manufacturers’ test pilots and instructor
pilots are the only pilots who have
significant experience operating the
civil powered-lift that are coming to
market.
As discussed in section V.D of this
preamble, the manufacturers’ test pilots
play a significant role in the
development and certification of an
aircraft. For example, they are involved
in the certification plan for the
powered-lift; the manufacturer’s design,
development, and flight testing of the
aircraft’s systems and components; and
conducting both qualitative and
quantitative flight tests for aircraft
evaluations. As a result, test pilots have
intricate knowledge of the aircraft
systems, which enables the test pilot to
identify risks and mitigation techniques
to ensure product safety. Test pilots are
also responsible for authoring certain
material for the aircraft flight manual
and for performing maintenance checks
and post-maintenance flight checks.
Furthermore, instructor pilots are
responsible for developing the
manufacturer’s training curriculum,
which includes the development of
training requirements for the aircraft.
These duties of a test pilot and
instructor pilot establish significant
experience in a particular powered-lift
and intricate knowledge of the aircraft’s
systems and components, thereby
exceeding the duties of a pilot operating
in a normal flight environment. The
FAA has determined that it would be
beneficial to leverage the experience
these pilots have in powered-lift to
create an initial cadre of powered-lift
pilots.
Accordingly, the FAA is proposing
alternate aeronautical experience and
logging requirements that would remove
certain obstacles that currently preclude
a test pilot or instructor pilot from
obtaining a powered-lift rating pursuant
to § 61.129(e). Each of the proposed
alternate requirements are discussed
below.
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a. Aeronautical Experience
Requirements Concerning Training
(§ 61.129(e)(3))
Currently, § 61.129(e)(3) requires an
applicant for a powered-lift category
rating to log at least 20 hours of training
from an authorized instructor 125 on the
areas of operation listed in
§ 61.127(b)(5), which include the
following: preflight preparation;
preflight procedures; airport and
heliport 126 operations; hovering
maneuvers; takeoffs, landings, and goarounds; performance maneuvers;
navigation; slow flight and stalls;
emergency operations; high-altitude
operations; special operations; and post
flight procedures.
While the flight experience of a test
pilot for a powered-lift manufacturer far
exceeds that of a civilian pilot
conducting operations in a normal flight
environment, the test pilot does not
receive flight training in accordance
with part 61 as part of their duties
performing flight tests required for
aircraft certification.127 Therefore, a test
pilot will not obtain the 20 hours of
flight training from an authorized
instructor that is a prerequisite for
applying for a powered-lift rating.
However, the manufacturer will have
instructor pilots who develop a
proposed training curriculum for its
experimental powered-lift during the
aircraft certification process. These
instructor pilots deliver the proposed
training curriculum to a pool of pilots
as part of its validation process with the
FAA’s Aircraft Evaluation Division.128
125 Section 61.1 defines ‘‘authorized instructor’’
as: a person who holds a ground instructor
certificate issued under part 61 of this chapter and
is in compliance with § 61.217, when conducting
ground training in accordance with the privileges
and limitations of their ground instructor
certificate; a person who holds a flight instructor
certificate issued under part 61 and is in
compliance with § 61.197, when conducting ground
training or flight training in accordance with the
privileges and limitations of their flight instructor
certificate; or a person authorized by the
Administrator to provide ground training or flight
training under part 61, 121, 135, or 142 when
conducting ground training or flight training in
accordance with that authority.
126 As discussed in section V.I of this preamble,
the FAA proposes in this SFAR to extend the
definition of heliport in 14 CFR 1.1 as applicable
to powered-lift, thereby facilitating the use of
heliports as a means for powered-lift take-off and
landing.
127 The FAA reemphasizes that, for airplanes and
helicopters, a test pilot for a manufacturer will hold
the necessary certificates and ratings before
becoming a test pilot by completing flight training
and building flight time through the usual building
block approach for certification. The introduction of
powered-lift into civil operations creates a unique
situation because so few individuals (i.e., military
pilots and former military pilots) hold the required
ratings.
128 The manufacturer provides a minimum
training program to get initial qualification and
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In proposed §§ 194.217 and 194.219,
the FAA proposes alternate means for
test pilots and instructor pilots,
respectively, to meet the requirement of
20 hours of training on the areas of
operation listed in § 61.127(b)(5) in an
experimental powered-lift at the
manufacturer. Specifically, the FAA
proposes to permit test pilots to
satisfactorily complete the
manufacturer’s proposed training
curriculum in the experimental
powered-lift with an instructor pilot for
the manufacturer rather than with an
authorized instructor. As proposed in
§ 194.217(b)(1), the curriculum would
be required to include the 20 hours of
training on the areas of operation set
forth in § 61.127(b)(5), as required by
§ 61.129(e)(3). The training would meet
the part 61 requirements in all other
respects (except as discussed later in
this section with regard to cross-country
time requirements). To verify this
training, proposed § 194.217(b)(1)(ii)
would require the test pilot to receive a
logbook or training record endorsement
from the instructor pilot certifying that
the test pilot satisfactorily completed
the training curriculum.129
Because the instructor pilots are most
familiar with the training curriculum
and its development, the FAA finds it
is appropriate to allow them to conduct
the training required by § 61.129(e) even
if they are not authorized instructors as
defined in § 1.1. The proposed
requirement to allow for the completion
of the manufacturer’s proposed training
curriculum with an instructor pilot
would apply to the test pilots as they
have a solid foundational knowledge of
powered-lift prior to receiving any
training from an instructor pilot, and the
instructor pilot was responsible for
developing the training curriculum. The
quality of flight training provided by the
instructor pilot combined with the test
pilot’s previous experience operating
the powered-lift for type certification
purposes would ensure that there is no
adverse impact to safety.
issuance of the associated pilot type rating. The FSB
evaluates and validates the applicant’s training
proposal using a standard process that includes
multiple ‘test subjects’ not previously aware of or
trained on the new aircraft.
129 While a test pilot would be required to receive
an endorsement from an instructor pilot verifying
that the test pilot satisfactorily completed the
manufacturer’s proposed training curriculum, the
test pilot would also be required to receive the
endorsement in § 61.123(e). Proposed 194.213(a)
would permit instructor pilots to provide the
required logbook or training record endorsements
under part 61 for a commercial pilot certificate with
a powered-lift category rating. Therefore, the
endorsement required under § 61.123(e) may be
provided by an instructor pilot in lieu of an
authorized instructor.
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Furthermore, in light of the quality of
flight training provided by the instructor
pilot who is intimately familiar with the
powered-lift and has developed the
training for the manufacturer, the FAA
is proposing an alternate requirement in
§ 194.219(b)(1) that would allow the
instructor pilot who provides the
proposed training curriculum to the test
pilot to credit the time providing the
training towards § 61.129(e)(3) for
purposes of the instructor pilot
obtaining a commercial pilot certificate
with a powered-lift category rating. To
verify to the examiner who will conduct
the practical test that the instructor pilot
satisfied this alternate experience
requirement, the FAA is proposing in
§ 194.219(b)(1)(ii) to require the
instructor pilot to receive an
endorsement from a management
official within the manufacturer’s
organization certifying that the
instructor pilot has provided the
manufacturer’s proposed training
curriculum to a test pilot on the areas
of operation listed in § 61.127(b)(5).
This section subsequently discusses the
reasons underlying this proposal,
including those regarding prohibition
against self-endorsements.
Section 61.129(e)(3)(iv) currently
requires that, within the 20 hours of
training for a powered-lift category
rating, an applicant must log at least 3
hours in a powered-lift with an
authorized instructor in preparation for
the practical test within the preceding
two calendar months from the month of
the test. To enable the test pilot (or
instructor pilot) to take the practical test
after satisfactorily completing (or
providing) the manufacturer’s proposed
training curriculum, the FAA proposes
in §§ 194.217(b)(2) and 194.219(b)(2) to
permit the preparation for a practical
test to be completed with an instructor
pilot rather than an authorized
instructor, as required by part 61.
Because the instructor pilot would
deliver the training, the FAA finds that
it would be appropriate to permit the
instructor pilot to also ensure that test
pilot is prepared for the practical test.130
Additionally, to enable the examiner to
verify that the applicant received the
preparation for the practical test, the
applicant would be required to receive
a logbook endorsement under
§ 61.123(e)(2). As subsequently
discussed in this section, the FAA
proposes in § 194.213 to allow the
130 The FAA notes that, while the instructor pilot
is providing training to the test pilot rather than
receiving training, the instructor pilot would still be
required to receive 3 hours of training time in
preparation for the commercial pilot practical test.
The instructor pilot would receive this training time
from another instructor pilot at the manufacturer.
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applicant to obtain the part 61 logbook
or training record endorsement from an
instructor pilot certifying that the
applicant is prepared for the practical
test rather than from an authorized
instructor. For the same reasons
discussed above, the FAA finds that
permitting this flight to take place with
an instructor pilot rather than an
authorized instructor would not
adversely affect safety.
b. Aeronautical Experience
Requirements Involving Time
Performing the Duties of PIC in
Experimental Powered-Lift
(§ 61.129(e)(4))
Section 61.129(e)(4) currently requires
an applicant for a powered-lift category
rating to obtain either 10 hours of solo
flight time in a powered-lift under an
endorsement from an authorized
instructor 131 or 10 hours of flight time
performing the duties of PIC in a
powered-lift with an authorized
instructor onboard. Either of these flight
times may be credited towards the flight
time requirement in § 61.129(e)(2),
which requires 100 hours of PIC flight
time.132
To preserve the option of obtaining
solo flight time, the FAA is proposing in
§§ 194.217(b)(3) and 194.219(b)(3) to
allow test pilots and instructor pilots to
obtain the solo endorsement from an
instructor pilot in lieu of an authorized
instructor. The FAA is also proposing to
allow test pilots and instructor pilots to
complete the 10 hours of flight time
performing the duties of PIC in an
experimental powered-lift without an
authorized instructor onboard. Instead
of the authorized instructor,
§§ 194.217(b)(3) and 194.219(b)(3)
would require an additional test pilot or
instructor pilot to be onboard. The FAA
finds that this proposal would not
adversely affect safety because both the
test pilot and the instructor pilot are
authorized by the FAA to act as PIC of
the experimental aircraft. Additionally,
the test pilot has significant experience
acting as PIC of the powered-lift in
operations conducted for the purpose of
research and development and showing
compliance with the regulations.
Similarly, the instructor pilot has
experience acting as PIC of the poweredlift in operations conducted for the
purpose of crew training.
131 Under § 61.31(d)(2), to obtain solo flight time,
a person must have received training and an
endorsement from an authorized instructor.
132 Of the 100 hours of PIC time required by
§ 61.129(e)(2), 50 hours must be accomplished in a
powered-lift and 50 hours must be accomplished in
cross-country flight. Ten hours of the cross-country
flight time must be in a powered-lift. 14 CFR
61.129(e)(2)(i), (ii).
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c. Aeronautical Experience
Requirements Involving Logging PIC
Flight Time (§ 61.129(e)(2))
Not all manufacturer test pilots or
instructor pilots will hold a powered-lift
category rating. The aeronautical
experience requirement in
§ 61.129(e)(2)(i) requires an applicant
for a powered-lift rating at the
commercial pilot certificate level to
obtain 50 hours of PIC flight time in
powered-lift. Under § 61.51(e)(1), as
relevant, a pilot may log PIC time when
the pilot is the sole manipulator of the
controls of an aircraft for which the
pilot is rated (category, class, and type
rating, if appropriate), or the sole
occupant of an aircraft.133 The FAA has
identified obstacles in each of these
logging provisions with respect to test
pilots and instructor pilots.
Section 61.51(e)(1)(i) precludes a test
pilot from logging PIC flight time in a
powered-lift for which the pilot is not
rated, even if the test pilot is solely
manipulating the controls. Furthermore,
while the current regulations permit a
test pilot to log PIC flight time when the
test pilot is the sole occupant of the
aircraft, the test pilot may not be the
sole occupant of the powered-lift when
the test pilot is conducting operations
for research and development or for
showing compliance with the
regulations.134 Additionally, the
powered-lift may require two pilot
flightcrew members, in which case the
133 Under § 61.51(e)(1)(iii), a person may log PIC
time when acting as PIC of an aircraft for which
more than one pilot is required under the type
certification of the aircraft or the regulations under
which the flight is conducted. Because an
experimental aircraft is not type-certificated and is
not operated under regulations requiring a second
pilot (e.g., § 135.101), this PIC logging provision
would not apply to test pilots and instructor pilots.
Additionally, under § 61.51(e)(1)(iv), a pilot may log
PIC time when the pilot performs the duties of PIC
while under the supervision of a qualified PIC,
provided certain requirements are met. Because test
pilots and instructor pilots would not meet the
certification requirements and the training would
not be completed under an approved training
program, the PIC logging provision of
§ 61.51(e)(1)(iv) would also not apply to test pilots
and instructor pilots.
134 The ‘‘sole occupant’’ provision is intended to
recognize the solo flight time that is required under
the aeronautical experience requirements for
certificates and ratings. Because student pilots
seeking an initial category and class rating or
certificated pilots who are adding a new rating to
their pilot certificate are not yet rated, this section
recognizes this solo time as PIC time without the
pilot having to be rated in the aircraft. Section
61.31(d)(2) permits pilots to act as PIC of an aircraft
when not rated in the aircraft provided, they have
received the required training that is appropriate to
the pilot certification level, aircraft category, class,
and type rating (if a class or type rating is required)
for the aircraft to be flown and have received an
endorsement for solo flight in that aircraft from an
authorized instructor.
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test pilot would not be the only pilot
onboard.
As previously discussed at length, test
pilots play a key role in the
development and certification of a
powered-lift. While these pilots may not
be rated in a powered-lift, they are
authorized by the FAA to act as PIC of
the experimental powered-lift and have
extensive experience manipulating the
controls of the aircraft in operations
conducted for research and
development and for showing
compliance with the regulations.
Furthermore, when a test pilot conducts
a qualitative or quantitative flight test in
the powered-lift, that flight test is not
conducted in a sterile environment.
Instead, the test pilot is responsible for
conducting the aircraft flight tests while
also considering the operational aspects
of the flight, including filing a flight
plan, conducting departures and
instrument approaches, communicating
with ATC, and interacting with other
aircraft.
Upon evaluating the various duties
that a test pilot performs, the FAA has
determined that certain flight time
obtained by these test pilots should
count towards the PIC flight time
requirement for a powered-lift category
rating in § 61.129(e). The FAA is
therefore proposing an alternate logging
requirement in proposed § 194.217(c)
that would permit the test pilots to log
PIC flight time for flights when they are
the sole manipulator of the controls of
the experimental powered-lift despite
the fact that they are not rated in the
aircraft. The FAA finds that this
alternate logging requirement would
enable these test pilots to more easily
attain the 50 hours of PIC flight time in
a powered-lift.
The FAA also proposes an alternate
logging requirement for instructor
pilots. Under § 61.51(e)(3), a CFI may
log PIC flight time for all flight time
while serving as the authorized
instructor in an operation if the
instructor is rated as PIC of that aircraft.
Similar to test pilots, instructor pilots
for a powered-lift manufacturer may not
be authorized instructors as defined in
FAA regulations and may not hold
powered-lift ratings. However, as
discussed previously, these instructor
pilots are involved in developing,
validating, and delivering the
manufacturer’s proposed training
curriculum. Additionally, an instructor
pilot is authorized by the FAA to act as
PIC of the experimental powered-lift.
Therefore, in light of the instructor
pilot’s experience with the powered-lift,
their involvement with the
manufacturer’s proposed training
curriculum, and their authorization to
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act as PIC, the alternate logging
requirement in proposed § 194.219(c)
would permit the instructor pilots to log
PIC flight time for flights when they are
serving as an instructor pilot for the
manufacturer of an experimental
powered-lift for which the pilot is not
rated. This logging provision would
enable these instructor pilots to log PIC
flight time for flights when they are
providing the proposed training
curriculum to the test pilots. This
logging provision would also facilitate
the instructor pilot’s ability to obtain 50
hours of PIC time for purposes of
obtaining a powered-lift category rating
on their commercial pilot certificate.
The FAA notes that this proposal
would permit pilots to log the time that
meets the criteria set forth in this SFAR
retroactively if the rule becomes final.
Flight time that a pilot is currently
accruing, and has previously accrued,
that meets these conditions may be
applied towards the 50-hour
requirement when the pilot applies to
take the practical test.
ii. Initial Cadre Instructors: Alternate
Aeronautical Experience and Logging
Requirements for Powered-Lift Category
Ratings
While the proposed alternate
experience and logging requirements for
test pilots and instructor pilots would
enable those individuals to obtain
powered-lift ratings on their pilot
certificates, the FAA finds that those
alternate requirements alone would be
insufficient to develop sufficient
personnel to support training in a
powered-lift under an approved training
program under part 135, 141, or 142.
Before an operator under part 135, a
pilot school under part 141, or a training
center under part 142 may provide an
approved training curriculum for a
powered-lift, the operator, pilot school,
or training center must have persons
who are fully qualified under those
parts to provide the training.
To serve as a check pilot in an
approved part 135 training curriculum,
a person must hold the certificates and
ratings required to serve as PIC in the
aircraft. As discussed in section V.I of
this preamble, the FAA is proposing
that a person must hold at least a
commercial pilot certificate with a
powered-lift category rating, instrumentpowered-lift rating, and an appropriate
type rating for the powered-lift to serve
as PIC in part 135. As such, a part 135
check pilot would be required to hold
the same ratings as a PIC on their pilot
certificate under § 135.337(b)(1). To be
designated as an assistant chief
instructor or chief instructor for a course
of training in a powered-lift under part
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141, a person must hold a powered-lift
category rating on both their commercial
pilot certificate and their flight
instructor certificate in addition to
holding the type rating on their
commercial pilot certificate.135 Lastly,
to instruct in a powered-lift in flight
under part 142, a training center
instructor must be qualified in
accordance with subpart H of part 61,
which requires a flight instructor to
hold the appropriate category ratings on
both their pilot and flight instructor
certificates, in addition to holding the
type rating on their commercial pilot
certificate. To obtain the necessary
powered-lift category rating on their
pilot certificate, these persons would be
required to comply with the
aeronautical experience requirements in
§ 61.129(e).
Persons seeking to provide training
under an approved training curriculum
in a powered-lift under part 135, 141, or
142 would encounter the same obstacles
with the aeronautical experience
requirements in § 61.129 as test pilots
and instructor pilots at a manufacturer.
These regulatory obstacles are further
complicated by the challenges
associated with creating and building an
initial cadre of instructors who are
qualified to provide training under part
135, 141, or 142. Because test pilots and
instructor pilots would be the first pilots
who obtain powered-lift ratings under
this SFAR, the FAA proposes to use
them to build the initial cadre of
instructors who would provide training
under approved training programs.
Specifically, the FAA proposes to allow
certain persons employed by part 135
operators, part 141 pilot schools, and
part 142 training centers to receive
training in a powered-lift from an
instructor pilot at the manufacturer for
the purpose of qualifying sufficient
personnel to conduct training in a
powered-lift in accordance with an
approved training program under parts
135, 141, and 142.136
The FAA considered permitting any
person who meets the qualifications to
serve as an authorized instructor under
part 135, 141, or 142 to receive training
at the manufacturer. However,
135 14 CFR 141.35(a)(1), 141.36(a)(1),
141.37(a)(2)(ii).
136 As discussed in section V.G of this preamble,
certain manufacturers may choose to pursue
certification as a part 141 pilot school or part 142
training center to facilitate the flight training of
their customers’ personnel. This model has been
employed by other manufacturers such as Boeing
and Airbus. In those cases, the manufacturer would
not need to limit its training to the individuals
identified in this section. This proposal is intended
to facilitate training administered by manufacturers
when the manufacturer does not hold an air agency
certificate.
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recognizing the diversity in flight time
and experience across such a broad
group of instructors, the FAA decided
that there were insufficient risk
mitigations to ensure an appropriate
level of safety would be maintained by
permitting such an expansive group of
individuals to receive training at the
manufacturer in place of the approved
training under part 135, 141, or 142. The
FAA concluded that, where a
manufacturer does not hold an air
agency certificate, it is necessary to
confine the training population to a
more select group of individuals. These
individuals should be the most qualified
instructors at a part 135 operator, part
141 pilot school, or part 142 training
center. Therefore, the FAA is proposing
in § 194.221(a) to permit persons who
are authorized to serve as initial check
pilots, chief instructors, assistant chief
instructors, or training center evaluators
to receive the training for powered-lift
ratings at a manufacturer.
Under part 135, check pilots are
airmen approved by the FAA who have
the appropriate knowledge, training,
experience, and demonstrated ability to
evaluate and to certify the knowledge
and skills of other pilots during
competency and instrument proficiency
checks. The role of a check pilot is to
ensure that the flightcrew member (1)
has met competency standards before
the check pilot releases the flightcrew
member from training and (2) maintains
those standards while continuing in line
service. A check pilot under part 135
must be knowledgeable in the
applicable requirements of parts 61, 91,
110, 119, and 135, other applicable FAA
policies, safe operating practices, and
the certificate holder’s policies and
procedures.
For part 141, the FAA is proposing to
permit persons who are authorized to
serve as initial chief instructors and
assistant chief instructors for poweredlift courses to receive training from an
instructor pilot at a manufacturer.
Consistent with the reasons for selecting
check pilots under part 135, the FAA
chose these individuals because they
would be among the most qualified
instructors at the pilot school. Sections
141.35 and 141.36 prescribe the
qualification requirements for chief
instructors and assistant chief
instructors, respectively. Under these
regulations, chief instructors and
assistant chief instructors must meet PIC
recent flight experience requirements of
§ 61.57; pass a knowledge test on
teaching methods, applicable provisions
of the ‘‘Aeronautical Information
Manual,’’ the applicable provisions of
parts 61, 91, and 141, and the objectives
and course completion standards of the
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approved training course for which the
person seeks to obtain designation; pass
a proficiency test on the instructional
skills and ability to train students on the
flight procedures and maneuvers
appropriate to the course; and meet
certain PIC flight time and flight
training experience requirements. For a
course of training leading to a
commercial pilot certificate, a chief
instructor and assistant chief instructor
would be required to have at least 2,000
hours and 1,000 hours of PIC time,
respectively. Additionally, the chief
instructor and assistant chief instructor
would be required to have significant
experience providing flight training. A
chief instructor would be required to
have flight training experience that
consists of at least (1) 3 years and 1,000
flight hours, or (2) 1,500 flight hours. An
assistant chief instructor would be
required to have flight training
experience that consists of at least (1)
1.5 years and a total of 500 flight hours,
or (2) 750 flight hours. Furthermore, the
responsibilities of a chief instructor,
which may be delegated to an assistant
chief instructor, include conducting
stage checks, end-of-course tests, and
flight instructor proficiency checks.137
For part 142, the FAA is proposing to
permit persons who are authorized to
serve as initial training center evaluators
(TCE) to receive training for poweredlift ratings from an instructor pilot at a
manufacturer. TCEs are airmen who are
designated by the FAA in accordance
with part 183 to be pilot examiners on
behalf of the Administrator. Part 142
outlines the prerequisites, training
requirements, operating procedures, and
limitations of TCEs. Pursuant to
§ 142.55(a), a TCE must be approved by
the Administrator and meet the
instructor qualification and training
requirements of subpart C of part 142.
Additionally, a TCE must be qualified in
each specific curriculum and the
associated flight training equipment for
which TCE privileges are requested.
At the time an operator, pilot school,
or training center sends an individual to
the manufacturer for training in a
powered-lift, the individual will not be
fully qualified as a check pilot, chief
instructor, assistant chief instructor, or
TCE for powered-lift. The first step to
becoming fully qualified is for the
person to obtain the appropriate ratings
on their pilot certificate. Therefore, the
individuals attending the training at the
manufacturer will be candidates for
their respective positions. The operator,
137 The flight instructors at a part 141 pilot school
must receive an initial proficiency check prior to
being assigned instructing duties in an approved
training course as well as recurrent proficiency
checks every 12 calendar months.
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pilot school, or training center would
have the discretion in selecting the
individuals they wish to send to the
manufacturer for training. Given the
functions and duties associated with
being the first person to provide training
under an approved training program,
the FAA anticipates that individuals
would be selected based on their pilot
and flight instructor qualifications and
experience, their record as an airman
regarding accidents and incidents, their
reputation for integrity and
dependability within the industry, and
their knowledge and skill as it relates to
learning how to operate and instruct in
a new aircraft.
To ensure an appropriate level of
oversight, the FAA is proposing in
§ 194.221(a) to require these individuals
to be authorized by the
Administrator.138 The FAA intends this
authorization to be issued in the form of
a temporary letter of approval that states
the individual is approved as a
candidate to serve as an initial cadre
check pilot, chief instructor, assistant
chief instructor, or TCE for the purpose
of establishing sufficient qualified
personnel to conduct training with the
powered-lift type under an approved
training program under part 135, 141, or
142. The FAA notes that, upon receiving
training in the powered-lift at the
manufacturer, the individual would
complete a practical test with an FAA
inspector or designee to receive the
appropriate powered-lift ratings. The
individual could subsequently obtain a
powered-lift category rating on their
flight instructor certificate in
accordance with the current
requirements in subpart H of part 61. In
accordance with current practice, when
the newly rated individual returns to
their operator, pilot school, or training
center, they would become proficient in
the proposed training curriculum under
their respective part by providing
instruction to other initial cadre check
pilots, chief instructors, assistant chief
instructors, or TCEs, become fully
qualified to serve in their designated
function, and receive a permanent letter
of approval after becoming fully
qualified.
a. Aeronautical Experience
Requirements Concerning Training
(§ 61.129(e))
With respect to the alternate
experience and logging requirements for
these persons, the FAA is proposing
alternate requirements that are largely
similar to those proposed for test pilots
and instructor pilots in that they
138 See proposed §§ 194.203, 194.213, 194.217,
194.219, 194.221, 194.225, 194.227, and 194.229.
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provide relief from the same obstacles
that exist in §§ 61.129(e) and 61.51(e)(1).
First, in place of the requirement in
§ 61.129(e)(3), which requires 20 hours
of training on the areas of operation
listed in § 61.127(b)(5) from an
authorized instructor, the FAA is
proposing in § 194.221(b)(1) to permit
the individual to satisfactorily complete
the manufacturer’s training curriculum
in the powered-lift. The training
curriculum must include 20 hours of
flight training on the areas of operation
listed in § 61.127(b)(5) and be provided
by an instructor pilot at the
manufacturer. Additionally, for
verification purposes, the individual
would be required to receive an
endorsement in their logbook or training
record from the instructor pilot
certifying that the training was
completed, pursuant to proposed
§ 194.221(b)(1)(ii).
The FAA recognizes that these
individuals do not have the same
extensive experience with the poweredlift as the test pilots. However, at this
stage of the process, the powered-lift
would be type-certificated, the
manufacturer’s training curriculum
would be validated, and the instructor
pilot would be appropriately rated in
the powered-lift. Given the knowledge
and familiarity an instructor pilot has
with a powered-lift type and the
manufacturer’s training curriculum, the
FAA finds that an instructor pilot would
be the most knowledgeable and skilled
to provide instruction to the initial
group of pilots who would serve as the
first instructors at a part 135 operator,
part 141 pilot school, or part 142
training center.
Additionally, as stated previously, to
mitigate risk, the FAA is proposing to
narrowly confine the population of
persons who may receive training from
an instructor pilot at a manufacturer
that does not hold an air agency
certificate. In light of the qualification
requirements for check pilots, chief
instructors, assistant chief instructors,
and TCEs, which must be met by the
individual prior to the individual
providing initial training under an
approved training program, the FAA
finds that the persons selected would be
among the most highly qualified at the
operator, pilot school and training
center. As a result, the FAA finds that
these persons would be the most
capable pilots to receive training in the
new powered-lift type for the purpose of
becoming rated in the aircraft and
subsequently initiating training in the
aircraft at their certificate holders.
Furthermore, requiring the individual to
be authorized by the FAA would ensure
the FAA has regulatory oversight over
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the individuals selected, which would
further mitigate risk. For the reasons
stated above, the FAA finds that
temporarily permitting a small
population of instructors to receive
training from the manufacturer for the
purpose of developing sufficient
personnel to provide training in
powered-lift under parts 135, 141, and
142 would not adversely affect safety.
Second, the aeronautical experience
requirement in § 61.129(e)(3) would
present the same obstacle for
individuals receiving training at the
manufacturer from an instructor pilot.
As with test pilots and instructor pilots,
the person receiving the manufacturer’s
training from an instructor pilot would
not have an authorized instructor, as
defined in § 61.1, to provide the flight
training in preparation for the practical
test. The FAA is therefore proposing in
§ 194.221(b)(2) to permit the preparation
for the practical test to be completed
with an instructor pilot rather than an
authorized instructor.139 Consistent
with the reasons for proposing the same
alternate requirement for test pilots and
instructor pilots, which is previously
discussed, the FAA finds that it would
be appropriate to permit the instructor
pilot who provided the training to also
ensure that the person is prepared for
the practical test. This proposed
alternate requirement would enable the
person to take the practical test after
satisfactorily completing the
manufacturer’s training curriculum.
Because of the instructor pilot’s
experience with the powered-lift and
their involvement with the
manufacturer’s training curriculum, the
FAA finds that temporarily permitting
the instructor pilot to replace the
authorized instructor specified in
§ 61.129(e)(3) would not adversely affect
safety, especially in light of the small
population of pilots who would require
this relief.
Third, § 61.129(e)(4) requires an
applicant for a powered-lift category
rating to obtain either 10 hours of solo
flight time in a powered-lift or 10 hours
of flight time performing the duties of
PIC in a powered-lift with an authorized
instructor onboard. Either of these flight
times may be credited towards the flight
time requirement in § 61.129(e)(2),
which requires 100 hours of PIC flight
time, of which 50 hours must be in
powered-lift. Consistent with the
alternate requirements proposed for test
pilots and instructor pilots, the FAA is
139 To the extent that instructor pilots may hold
the necessary certificates and ratings to be an
authorized instructor as defined in § 61.1 in a
powered-lift, those instructor pilots would be able
to provide endorsements without need for the
proposed relief.
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proposing in § 194.221(b)(3) to permit
the instructor pilot to replace the
authorized instructor in § 61.129(e)(4).
For the reasons stated in the previous
paragraph, the FAA finds that an
instructor pilot is qualified to
temporarily serve in this role.
Additionally, the FAA finds that any
risk to safety would be mitigated by the
scope of the relief because the alternate
requirement would apply only to those
individuals who were authorized by the
FAA to serve as an initial check pilot,
chief instructor, assistant chief
instructor, or TCE for the purpose of
initiating training in a powered-lift
under part 135, 141, or 142; the
temporary nature of the relief; and the
qualifications and experience held by
the initial cadre of instructors to whom
the relief would apply.
b. Alternate Aeronautical Experience
Logging PIC Flight Time (§ 61.129(e)(2))
The FAA finds that the aeronautical
experience requirement in
§ 61.129(e)(2)(i), which requires 50
hours of PIC flight time in powered-lift,
presents an obstacle in light of the PIC
logging requirements set forth in
§ 61.51(e) for the initial cadre of
instructors who would train with the
manufacturer under this proposal. As
discussed, under § 61.51(e)(1), as
relevant, a pilot may log PIC time when
the pilot is the sole manipulator of the
controls of an aircraft for which the
pilot is rated (category, class, and type
rating, if appropriate), or the sole
occupant of an aircraft. The initial cadre
of instructors who attend training at a
manufacturer will not yet be rated in the
powered-lift, so they will not be able to
log PIC time as sole manipulator of the
controls. Additionally, because the
majority of the flight time with the
manufacturer would consist of training
time with an instructor pilot, the person
would not be able to log this time as PIC
time as the sole occupant of the
powered-lift.
To establish the initial cadre of
persons who would initiate training in
a powered-lift in accordance with an
approved training program under part
135, 141, or 142, the FAA is proposing
in § 194.221(c) to temporarily permit
those persons who would receive
training at the manufacturer to log up to
40 hours of PIC flight time towards the
50-hour requirement during flights
when the person is the sole manipulator
of the controls of the powered-lift for
which the person is not rated, provided
the person is manipulating the controls
of the powered-lift, performing the
duties of PIC with an instructor pilot
onboard, and the flight is conducted in
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accordance with the manufacturer’s
training curriculum.
This proposed alternate logging
requirement would enable persons to
log 40 hours of PIC flight time for flights
when they are obtaining flight training
on the areas of operation specified in
§ 61.127(b)(5). To the extent these pilots
would not be held to the same logging
provisions required for pilots operating
other categories of aircraft, the FAA
finds that risk would be mitigated for
the same reasons previously discussed.
The scope of this relief would be both
narrowly applicable and temporary, and
the persons who may exercise this
alternate logging requirement would be
the most qualified and experienced
instructors at a part 135 operator, part
141 pilot school, and part 142 training
center. The FAA finds that the flight
time permitted under the proposed
alternate requirement would be valuable
for the purposes of logging PIC flight
time for a powered-lift category rating
because the pilot would be solely
manipulating the controls of the
powered-lift, thereby obtaining
experience with its flight and handling
characteristics, while simultaneously
exercising the duties of PIC. By
exercising the duties of PIC, the pilot
would experience increased
responsibilities during the flight
(compared to a typical training flight in
an aircraft in which they are not yet
rated), including heightened decisionmaking.
The FAA notes that, as proposed,
these pilots would still be required to
obtain the last 10 hours of PIC flight
time as solo flight time under
§ 61.51(e).140
iii. Pilots Receiving Training Under an
Approved Training Program
a. Alternate Requirements for a
Commercial Pilot Certificate With a
Powered-Lift Category Rating
The PIC logging requirements in
§ 61.51(e)(1) would also create obstacles
for persons seeking to obtain a poweredlift category rating on their commercial
pilot certificate outside a manufacturer’s
training curriculum. Because this is a
new category of aircraft that is entering
the civilian market, pilots would be
unable to log PIC flight time in the
powered-lift in accordance with
§ 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 § 61.129(e)(2)(i) as the sole
140 The solo flight endorsement required under
§ 61.31(d)(2) may be provided by an instructor pilot
in lieu of an authorized instructor in accordance
with proposed § 194.213(a).
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occupant of the powered-lift under solo
endorsements from an authorized
instructor.
To springboard the initial cadre of
powered-lift pilots, the FAA is
proposing in § 194.221(c) to permit
certain applicants for a commercial pilot
certificate with a powered-lift category
rating to log up to 40 hours of PIC flight
time towards the 50-hour requirement
during flights when the pilot is the sole
manipulator of the controls of the
powered-lift for which the pilot is not
rated, provided the applicant is
manipulating the controls of the
powered-lift, the applicant is
performing the duties of PIC with an
authorized instructor onboard, and the
flight is conducted in accordance with
an approved training program under
part 135, 141, or 142.141
This proposed 40 hours of PIC flight
time would be logged when the
applicant is obtaining flight training on
the areas of operation specified in
§ 61.127(b)(5) under an approved part
135, 141, or 142 training program. The
FAA acknowledges that this proposal
relaxes the standards for logging PIC
flight time from the standard applied to
other categories of aircraft. Given the
unique challenges presented by the
introduction of powered-lift for
commercial operations, the FAA has
weighed the safety concerns of a relaxed
standard against the need to enable pilot
certification and concluded that this
proposal appropriately mitigates any
risk that may be introduced during the
transitional period in which it would be
permitted.
Even though the pilots are not rated
in a powered-lift, the FAA finds that
this flight time would be valuable for
purposes of logging PIC flight time for
a powered-lift category rating for the
same reasons discussed in the previous
section. By requiring the flight to be
conducted in accordance with an
approved training program under part
135, 141, or 142, the FAA would ensure
that the pilot is logging alternate PIC
time only for those training flights that
are conducted in an approved training
program environment. The FAA has
oversight of training conducted through
program approval under parts 135, 141,
and 142, and the approved training
programs would be monitored and
validated to ensure the instructional
quality is consistent and the training is
effective. The proposed requirement for
the flight to be conducted in accordance
with an approved training program
under part 135, 141, or 142 would serve
141 Training under part 135, 141, or 142 is
discussed in more detail in section V.F of this
preamble.
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as a risk mitigation to ensure that the
proposed alternate PIC logging
requirement would not result in an
adverse impact to safety.
As with the initial cadre of
instructors, an applicant would be
required to obtain the remaining 10
hours of PIC time as the sole occupant
of the powered-lift under an instructor
endorsement.
b. Use of a Full Flight Simulator for PIC
Time for a Commercial Pilot Certificate
With a Powered-Lift Category Rating
Currently, § 61.129(i) contains the
permitted credit for use of an FFS or
FTD in lieu of an aircraft for a
commercial pilot certificate. Section
61.129(i)(1) permits an applicant who
has not accomplished the training
required by § 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
§ 61.129 for an airplane or powered-lift
rating, or a total of 25 hours toward the
total aeronautical experience
requirements of § 61.129 for a helicopter
rating, provided the aeronautical
experience was obtained from an
authorized instructor in an FFS or FTD
that represents the aircraft.142 For
applicants who have accomplished the
training required by § 61.129 in a course
conducted by a training center
certificated under part 142,
§ 61.129(i)(2) permits the applicant to
credit a maximum of 100 hours toward
the total aeronautical experience
requirements of § 61.129 for an airplane
or powered-lift rating or a total of 50
hours toward the total aeronautical
experience requirements of § 61.129 for
a helicopter rating, provided the
aeronautical experience was obtained
from an authorized instructor in an FFS
or FTD that represents the aircraft.
While the regulation currently
permits applicants for a commercial
pilot certificate with a powered-lift
category rating to credit time obtained
in an FFS or FTD towards the
aeronautical experience requirements of
§ 61.129(e), the time obtained in an FFS
or FTD may be credited only towards
the total flight time. To allow for more
flexibility and to foster the development
of an initial cadre of powered-lift pilots,
the FAA has decided to temporarily
permit time obtained in a Level C or
higher FFS to be credited toward a
certain subset of aeronautical
experience.
142 The FFS and FTD must represent the class of
airplane or powered-lift category and type (see
§ 61.129(i)(1)(i) and (i)(2)(i)), or helicopter and type
(see § 61.129(i)(1)(ii) and (i)(2)(ii)), if applicable,
appropriate to the rating sought.
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Specifically, the FAA is proposing in
§ 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
§ 61.129(e)(2)(i), provided the
aeronautical experience was obtained
performing the duties of PIC in a Level
C or higher FFS that represents the
powered-lift category. The FAA finds
that this provision would not adversely
affect safety because the applicant
would still be required to obtain 35
hours of PIC flight time in the poweredlift, which aligns with the aeronautical
experience requirement in
§ 61.129(c)(2)(i) for a helicopter rating.
While the amount of PIC flight time that
would be required in the actual
powered-lift would be reduced to 35
hours, most operations in the poweredlift currently seeking type certification
are sufficiently similar to helicopter
operations in that the flight is of shorter
range,143 which condenses the critical
phases of flight 144 and results in an
operation during which the pilot is
actively engaged in performing the most
critical PIC duties to ensure the safety
of the flight. Operations in an airplane
are generally of longer duration, which
results in the pilot experiencing less
time performing the duties of PIC in the
critical phases of flight.
Additionally, in proposed
§ 194.223(d)(2), the FAA is proposing to
permit 15 hours of PIC time in a Level
C or higher FFS only for those
applicants who are undergoing an
approved training program under part
135, 141, or 142. By limiting this credit
to applicants who are conducting flights
in accordance with an approved training
program, the FAA would ensure that the
only FFS time that may be credited
towards the 50-hour PIC flight time
requirement is time acquired in a
controlled environment in accordance
with a structured curriculum for which
the FAA has provided approval and
retains continuing oversight.
The FAA finds that permitting the
pilot to obtain 15 hours of PIC time in
a Level C or higher FFS, provided the
flight is conducted in accordance with
143 The FAA notes that this comparison is based
on the current type certification projects for
powered-lift.
144 The FAA considers the critical phases of flight
to include all ground operations involving taxi,
takeoff and landing, and all other flight operations
conducted below 10,000 feet, except cruise flight.
The FAA emphasizes the importance of operations
involving the critical phases of flight. See 14 CFR
121.542(c), 135.100(c) (commonly referred to as the
‘‘sterile cockpit rule’’).
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an approved training program, would
enable the pilot to gain experience
performing the duties and functions of
a PIC in situations that the pilot would
not typically encounter while attaining
PIC time operating a small aircraft in the
NAS. For example, this proposal would
enable the pilot to acquire experience
performing the duties of PIC, which
includes exercising decision-making
abilities, during critical emergency
procedures that could not otherwise be
performed in the aircraft. Furthermore,
for the purpose of establishing an initial
cadre of powered-lift pilots, these
alternate requirements would not
adversely affect safety because they
would be narrowly focused on a select
population of seasoned pilots who
already hold commercial pilot
certificates and instrument ratings, they
would be in effect for a temporary
duration, and the requirement for the
applicant to pass the commercial pilot
practical test in a powered-lift with an
FAA inspector or examiner would serve
as a safeguard.
The FAA determined that a minimum
of Level C FFS is required because these
devices provide the highest level of
aerodynamic modeling, visual fidelity,
and motion cueing to replicate the
powered-lift for motion-based pilot
training. The 3-degree-of-freedom
motion cues provided by Level A and B
devices do not provide the level of
fidelity required to meet the flight
training objectives as compared to the 6degree-of-freedom requirements for
Level C and higher devices. The use of
a Level C or higher FFS is also
consistent with § 61.64, which allows a
practical test to be completed only in a
Level C or higher FFS.
3. Obtaining an Instrument-Powered-Lift
Rating § 61.65(f)
To obtain an instrument-powered-lift
rating, a person must satisfy the
aeronautical experience requirements
for an instrument-powered-lift rating in
§ 61.65(f). Section 61.65(f)(1) requires a
person who applies for an instrumentpowered-lift rating to log at least 50
hours of cross-country time as PIC, 10
of which must be in a powered-lift.
Section 61.65(f)(2) requires 40 hours of
actual or simulated instrument time in
the areas of operation listed under
§ 61.65(c), of which 15 hours must be
received from an authorized instructor
who holds an instrument-powered-lift
rating. The instrument time must
include 3 hours of instrument flight
training from an authorized instructor in
a powered-lift within 2 calendar months
before the date of the instrument rating
practical test. Additionally, the
instrument time referenced in
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§ 61.65(f)(2) must include instrument
flight training on cross-country flight
procedures, including one cross-country
flight in a powered-lift with an
authorized instructor that is performed
under IFR, when a flight plan has been
filed with an ATC facility. The crosscountry flight must include 250 nautical
miles along airways or by directed
routing from an ATC facility, an
instrument approach at each airport,
and three different kinds of approaches
with the use of navigation systems.
Civilian pilots are unable to satisfy
several of the aeronautical experience
requirements for an instrumentpowered-lift rating for the same reasons
as civilian pilots are unable to satisfy
certain requirements for a commercial
pilot certificate with a powered-lift
rating, as previously discussed. The
FAA therefore finds it necessary to
enable an alternate pathway for persons
to obtain an instrument-powered-lift
rating similar to the alternate pathway
proposed for powered-lift category
ratings at the commercial pilot
certificate level. The FAA proposes in
§ 194.215 to limit the alternate
aeronautical experience and logging
requirements for obtaining an
instrument-powered-lift rating to those
persons who already hold at least a
commercial pilot certificate with at least
an airplane category and single- or
multiengine class rating or a rotorcraft
category and helicopter class rating. The
person would also be required to hold
an instrument-airplane or instrumenthelicopter that corresponds to the
category (airplane) or class rating
(helicopter) held at the commercial
level.
In addition, consistent with the
alternate pathway proposed for the
commercial pilot aeronautical
experience requirements, the FAA is
proposing alternate experience and
logging requirements to obtain an
instrument-powered-lift rating for (1)
test pilots and instructor pilots, (2) the
initial cadre of instructors, and (3) pilots
receiving training under an approved
training program.145 Alternate
145 The FAA recognizes that, pursuant to
§ 91.109(c)(1)(i), to operate a civil aircraft in
simulated instrument flight, a safety pilot must
occupy the other control seat and possess at least
a private pilot certificate with category and class
ratings appropriate to the aircraft being flown to
operate a civil aircraft. However, because test pilots
and instructor pilots may not yet possess the
powered-lift category rating to meet this
requirement while conducting operations to meet
the proposed alternate experience requirements set
forth in the SFAR, proposed § 194.311 would
except operations conducted to meet the alternate
aeronautical experience requirements set forth in
proposed §§ 194.225, 194.227, and 194.229 from
meeting § 91.109(c)(1)(i). For the reasons explained
previously about the depth of knowledge and
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requirements for cross-country flights,
which are generally applicable, are
discussed later in this section. Section
E.5.ii of this preamble contains tables
summarizing the proposed alternate
requirements for an instrumentpowered-lift rating.
i. Test Pilots and Instructor Pilots:
Alternate Aeronautical Experience and
Logging Requirements for InstrumentPowered-Lift Rating
Sections 194.225 and 194.227 would
contain the alternate aeronautical
experience and logging requirements for
test pilots and instructor pilots seeking
an instrument-powered-lift rating. The
FAA is proposing in §§ 194.225(a) and
194.227(a) that these alternate
requirements would apply if the flights
are conducted in an experimental
aircraft at the manufacturer and the test
pilots or instructor pilots seeking to take
advantage of the alternate requirements
are authorized by the Administrator to
act as PIC of the experimental poweredlift. The alternate training requirements
would be set forth in § 194.225(b)(1)
through (4) for test pilots and
§ 194.227(b)(1) through (4) for instructor
pilots. The alternate logging
requirements would be set forth in
§§ 194.225(c) and 194.227(c). Each of
the proposed alternate requirements are
discussed below.
a. Aeronautical Experience
Requirements Involving Instrument
Training (§ 61.65(f)(2))
First, the FAA is proposing alternate
requirements for test pilots or instructor
pilots to accomplish the 15 hours of
instrument training on the areas of
operation listed in § 61.65(c), as
required by § 61.65(f)(2). Under
proposed § 194.225(b)(1), a test pilot
would be permitted to satisfactorily
complete the manufacturer’s training
curriculum in the experimental
powered-lift with an instructor pilot.
Similarly, under § 194.227(b)(1), the
instructor pilot would be able to credit
the time spent providing the
manufacturer’s training curriculum
towards the training required by
§ 61.65(f)(2). The manufacturer’s
training curriculum would be required
to include 15 hours of instrument
training on the areas of operation listed
in § 61.65(c).
For the purpose of verifying
satisfactory completion of the alternate
experience requirement to an examiner,
the FAA is proposing to require the test
pilot or instructor pilot to receive an
operating experience of test pilots and instructor
pilots, the FAA has determined there would be no
adverse impact to safety.
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endorsement in their logbook or training
record. Under proposed
§ 194.225(b)(1)(ii), a test pilot would be
required to receive an endorsement from
the instructor pilot who provided the
training, certifying that the test pilot
satisfactorily completed the
manufacturer’s training curriculum in
the experimental powered-lift. Under
proposed § 194.227(b)(1)(ii), an
instructor pilot would be required to
receive an endorsement from a
management official within the
manufacturer’s organization certifying
that the instructor pilot has provided
the manufacturer’s training curriculum
to a test pilot.
Second, the FAA is proposing an
alternate requirement to § 61.65(f)(2)(i)
that would permit the preparation for
the instrument rating practical test to be
completed with an instructor pilot
rather than an authorized instructor.
These requirements set forth in
proposed §§ 194.225(b)(2) and
194.227(b)(2) would enable the test pilot
or instructor pilot to take the instrument
rating practical test after satisfactorily
completing three hours of instrument
flight training with an instructor pilot in
a powered-lift within two calendar
months before the date of the practical
test. To enable the examiner to verify
that the preparation was completed, the
applicant would be required to receive
a logbook or training record
endorsement under § 61.65(a)(6);
however, under proposed § 194.213, the
applicant may obtain the endorsement
from the instructor pilot, who certifies
that the applicant is prepared for the
practical test.
Third, the FAA is proposing alternate
requirements in §§ 194.225(b)(3) and
194.227(b)(3) that would allow test
pilots or instructor pilots to perform
instrument training on cross-country
flight procedures referenced in
§ 61.65(f)(2)(ii) in an experimental
powered-lift with an instructor pilot
rather than an authorized instructor.
The applicant would also be required to
receive a logbook or training record
endorsement from the instructor pilot to
certify that the applicant completed the
cross-country flight with the instructor
pilot. For the same reasons discussed
earlier in this section with regard to
training for a powered-lift category
rating, the FAA finds that permitting the
instrument training, the preparation for
the practical test, and the cross-country
instrument flight to take place with an
instructor pilot rather than an
authorized instructor would not
adversely affect safety.
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b. Aeronautical Experience
Requirements Involving Logging PIC
Flight Time (§ 61.65(f)(1))
The FAA recognizes the obstacle with
logging PIC time in accordance with
§ 61.51(e)(1) for the reasons stated
previously. These obstacles are relevant
to persons seeking an instrumentpowered-lift rating because § 61.65(f)(1)
requires 10 hours of cross-country time
as PIC in a powered-lift. Accordingly,
consistent with the alternate logging
requirements proposed for persons
seeking to add a powered-lift category
rating on a commercial pilot certificate,
the FAA proposes in §§ 194.225(c) to
permit test pilots at the manufacturer to
log PIC flight time for the purpose of
satisfying the 10-hour cross-country
requirement in § 61.65(f)(1) when the
test pilot is the sole manipulator of the
controls of an experimental powered-lift
even if the test pilot is not rated for the
aircraft. To log this time, the test pilot
would be required to be acting as PIC of
the experimental powered-lift in
accordance with a letter of authorization
issued by the Administrator. In
addition, the flight would have to be
conducted for the purpose of research
and development or showing
compliance with the regulations in
accordance with the experimental
certificate issued to the powered-lift
pursuant to § 21.191.
Similarly, the FAA is proposing in
§ 194.227(c) to allow instructor pilots to
log PIC flight time for the purpose of
satisfying the 10-hour cross-country
requirement in § 61.65(f)(1) when the
pilot is serving as an instructor pilot for
the manufacturer of an experimental
powered-lift for which the instructor
pilot is not rated, provided the pilot is
acting as pilot-in-command of the
experimental powered-lift in accordance
with a letter of authorization issued by
the Administrator and the flight is
conducted for the purpose of crew
training in accordance with the
experimental certificate issued to the
powered-lift pursuant to § 21.191.
For the reasons provided in the
discussion of PIC flight time for
powered-lift ratings at the commercial
pilot certificate level, the FAA finds that
there would be no adverse impact to
safety by allowing this time to be logged
for instrument-powered-lift ratings.
ii. Initial Cadre Instructors: Alternate
Aeronautical Experience and Logging
Requirements for Instrument-PoweredLift Ratings
The FAA is proposing alternate
experience and logging requirements for
certain requirements in § 61.65(f) that
would facilitate initial training and
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certification of persons who have been
authorized to serve as the initial cadre
of check pilots, chief instructors,
assistant chief instructors and TCEs for
the purpose of developing sufficient
personnel to provide initial training in
powered-lift in accordance with
approved training programs under parts
135, 141, and 142. These alternate
requirements would apply if the flights
are conducted in type-certificated
powered-lift at the manufacturer.
a. Aeronautical Experience
Requirements Involving Training
(§ 61.65(f))
As with test pilots, the FAA is
proposing in § 194.229(b)(1) to permit
these persons to receive the 15 hours of
instrument training on the areas of
operation listed in § 61.65(c) from an
instructor pilot in lieu of an authorized
instructor. The instructor pilot would be
required to conduct the training in
accordance with the manufacturer’s
training curriculum. These persons
would be required to obtain a logbook
or training record endorsement from the
instructor pilot certifying satisfactory
completion of the manufacturer’s
training curriculum for the same reasons
the test pilot is required to receive such
an endorsement.
The FAA is also proposing to permit
the instructor pilot to replace the
authorized instructor for (1) the 3 hours
of instrument flight training in a
powered-lift in preparation for the
practical test for an instrumentpowered-lift rating within 2 calendar
months before the date of the practical
test in § 61.65(f)(2)(i), set forth by
proposed § 194.229(b)(2), and (2) the
cross-country flight prescribed by
§ 61.65(f)(2)(ii), set forth by proposed
§ 194.229(b)(3). The FAA notes that the
person receiving the training at the
manufacturer would also be required to
obtain an endorsement from the
instructor pilot certifying the
completion of this cross-country flight.
For reasons previously discussed, the
FAA finds that there would be no
adverse impact on safety by permitting
an instructor pilot to temporarily
replace the authorized instructor for the
purpose of satisfying these alternate
experience requirements.
b. Aeronautical Experience
Requirements Involving Logging PIC
Flight Time (§ 61.65(f)(1))
The FAA recognizes the obstacle with
logging PIC time in accordance with
§ 61.51(e)(1) for the reasons stated
previously. These obstacles are relevant
to persons seeking an instrumentpowered-lift rating because § 61.65(f)(1)
requires 10 hours of cross-country time
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as PIC in a powered-lift. Accordingly,
consistent with the alternate logging
requirements proposed for persons
seeking to add a powered-lift category
rating on a commercial pilot certificate,
the FAA is proposing in § 194.229(c) to
allow a person receiving training at the
manufacturer to log PIC flight time,
despite not being rated in the poweredlift, for flights when the person is solely
manipulating the controls of the
powered-lift with an instructor pilot
onboard, is performing the duties of PIC,
and the flight is conducted in
accordance with the manufacturer’s
training curriculum for the powered-lift.
The FAA finds that, for this select group
of pilots, the risk mitigations discussed
earlier in this section with regard to test
pilots and instructor pilots would also
apply to the proposed alternate logging
requirements discussed in this
paragraph, thereby resulting in no
adverse impact to safety.
iii. Pilots Receiving Training Under an
Approved Training Program: Use of a
Full Flight Simulator for Instrument
Training for an Instrument-Powered-Lift
Rating
Because the FAA has proposed
alternate pathways for pilots to obtain
the experience necessary to be eligible
for the initial cadre of instructors, parts
135, 141, and 142 approved training
programs will have access to a pool of
authorized instructors. Therefore, the
FAA does not find it necessary to enable
alternate experience requirements for
pilots receiving training under an
approved training program that
substitute instructor or test pilots for
authorized instructors. Rather, the only
necessary relief for pilots receiving
training under an approved training
program is that of FSTD credit, as
subsequently explained.
With regard to the completion of
instrument training in an FSTD,
§ 61.65(h) currently permits applicants
for an instrument rating to credit a
certain amount of time in an FFS or FTD
towards the instrument time in § 61.65,
if the time was accomplished with an
authorized instructor. Specifically, an
applicant may credit a maximum of 30
hours performed in an FFS or FTD if the
instrument time was completed in
accordance with part 142. If the
instrument time is not completed in
accordance with part 142, the applicant
may credit a maximum of 20 hours
performed in an FFS or FTD. While the
regulation currently permits applicants
for an instrument-powered-lift rating to
credit time obtained in an FFS or FTD,
the time may be credited only towards
the instrument time specified in
§ 61.65(f)(2).
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The FAA is proposing in § 194.231(c)
to temporarily permit a maximum of 4
hours obtained in a Level C or higher
FFS to be credited towards the flight
time requirement in § 61.65(f)(1), which
requires an applicant to obtain 10 hours
of cross-country time as PIC in a
powered-lift.146 The 4 hours must
include experience performing the
duties of PIC during a simulated crosscountry flight in a Level C or higher FFS
that represents the powered-lift category
and that includes the performance of
instrument procedures under simulated
instrument conditions. The FAA
likewise is proposing in § 194.231(c)(3)
to permit 4 hours of PIC cross-country
time in a Level C or higher FFS only for
those applicants who are undergoing an
approved training program under part
135, 141, or 142.
Because this cross-country time must
be time as PIC under § 61.65(f)(1), the
FAA finds that the reasons discussed for
permitting FFS credit towards the PIC
flight time requirement in
§ 61.129(e)(2)(i) (e.g., reasons pertaining
to the approved training program, the
structured curriculum, and the value of
gaining experience performing the
duties and functions of PIC in a
simulated environment) are equally
applicable to the permitted FFS credit
towards § 61.65(f)(1). Additionally, with
respect to obtaining cross-country time
as PIC, the FAA finds that temporarily
permitting a maximum of 4 hours in a
Level C or higher FFS would not
adversely affect safety in light of the
skills the pilot would develop in the
FFS and the narrow applicability of the
alternate requirement to seasoned pilots
who already hold a commercial pilot
certificate with an instrument rating.
Concerning the skills attained in the
FFS, the FAA finds that, for the purpose
of establishing an initial cadre of
powered-lift pilots, the FFS enables the
applicant to attain valuable experience
for the purpose of acquiring crosscountry time for an instrument rating.
146 Generally, the FAA does not allow for crosscountry time to be credited in a FFS because it does
not depict a realistic enroute environment under
VMC. Verifying waypoints utilizing pilotage and
dead reckoning is not achievable with the visual
displays in a FFS because entire portions of the
routes are usually not depicted within databases
that replicate the enroute environment. However,
under IMC conditions the pilot is not being trained
and tested on verifying visual reference with the
use of visual waypoints, but rather the pilot’s ability
to utilize instrument navigation to fly along routes
depicted on enroute and terminal charts. These
charts depict pertinent navigation information that
is not related to visually referencing waypoints but
utilizing information in the cockpit to verify an
aircraft’s position. For these reasons, the FAA finds
that allowing for this time to be credited in a FFS
is appropriate because the display and cockpit
information would be identical to that which a pilot
would operate in flight.
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Pursuant to § 61.1, cross-country time
must involve the use of dead reckoning,
pilotage, electronic navigation aids,
radio aids, or other navigation systems
to navigate to the landing point. In a
Level C or higher FFS that represents a
powered-lift, the applicant would
acquire experience navigating to
different airports by reference to the
instruments with the use of navigation
aids and other navigation systems. The
applicant would also obtain experience
interpreting different approach charts
and conducting a variety of instrument
approaches and departures. To the
extent this experience would not
include communications with ATC,
flight planning, or filing a flight plan
under IFR, the FAA finds that the skills
a pilot would acquire during these 4
hours combined with the skills a pilot
would acquire from conducting 6 hours
of cross-country time in the NAS, which
would include those tasks, would
ensure the pilot has sufficient
experience to apply for an instrumentpowered-lift rating. Additionally, the
instrument rating practical test in a
powered-lift, which includes a task on
cross-country flight planning, would
serve as an adequate safeguard to ensure
the applicant is proficient with planning
IFR cross-country flights and filing IFR
flight plans. Furthermore, the FAA has
determined that a minimum of Level C
FFS would be required to ensure the
appropriate level of aerodynamic
modeling, visual fidelity, and motion
cueing to replicate the powered-lift.
4. Alternate Requirements for CrossCountry Flights for Commercial Pilot
Certificate, Instrument Rating, and
Private Pilot Certificate
Cross-country training and experience
has been included in the aeronautical
experience required for pilot
certification since the issuance of the
first Civil Aviation Regulations in
1938.147 Cross-country experience
develops the necessary air navigation
skills to operate an aircraft outside of a
local flying environment that the pilot is
familiar with.148 Cross-country time
ensures that the pilot has experience
applying knowledge during preflight
planning that is essential to the safety of
flight including plotting a course on an
aeronautical chart, selecting
checkpoints, measuring distances,
obtaining pertinent weather
information, and computing flight time,
147 Pilot
Rating, 14 CFR 20.126, 20.146 (1938).
navigation is the process of piloting an
aircraft from one geographic position to another
while monitoring one’s position as the flight
progresses.
148 Air
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headings, and fuel requirements.149 The
FAA also ensures the pilot has
experience executing cross-country
flights during which the pilot employs
various skills and tools, including the
use of dead reckoning,150 pilotage,151
electronic navigation aids, radio aids,
and other navigation systems to navigate
to the landing point. By requiring a
minimum amount of cross-country time
in the category of aircraft for which the
rating is sought, the FAA ensures the
pilot has developed knowledge and
skills that are specific to operating that
category of aircraft on a flight outside of
the pilot’s local flying environment.
For example, manipulating the flight
controls of an airplane differs from
manipulating the flight controls of a
helicopter. A pilot conducting a crosscountry flight in an airplane may take
their hands off the controls while
performing the tasks required during the
cross-country. By contrast, a pilot
conducting operations in a helicopter
generally has their feet and hands on the
controls at all times. These differences
affect the performance of certain tasks,
flight deck management, and risk
management during a cross-country
flight and ultimately require a skill set
that is unique to the category of aircraft.
Furthermore, by requiring specific
cross-country flights that land at a point
that is a specified distance from the
original departure point, the FAA
ensures that trainees are exposed to
realistic cross-country flying conditions
over terrain with which they are not
intimately familiar.152
The FAA continues to support this
type of experience as an essential
element of all pilot training, including
training required to pilot a powered-lift.
Since aircraft are generally used for
transporting persons and property from
one location to another, it is imperative
that a pilot be trained on and possess
the aeronautical experience involved in
navigating a powered-lift safely from
takeoff to a destination other than the
original point of departure.153
149 Pilot’s Handbook of Aeronautical Knowledge,
Chapter 16, Introduction. https://www.faa.gov/
regulations_policies/handbooks_manuals/aviation/
phak.
150 Dead reckoning is navigation solely by means
of computations based on time, airspeed, distance,
and direction.
151 Pilotage is navigation by reference to
landmarks or checkpoints.
152 Cross-Country Experience Requirements for
Pilot Certification, Final Rule, 47 FR 46064, 46065
(Oct. 14, 1982).
153 Legal Interpretation to James Hilliard (2009)
(stating that the rationale behind the cross-country
requirement is to provide a pilot with aeronautical
experience flying a significant distance to and
landing at an airport that is not the pilot’s home
airport).
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Upon evaluating the expected range
capabilities of powered-lift, however,
the FAA has determined that the
distances specified in the definition of
‘‘cross-country time’’ in § 61.1 and the
specific cross-country flights prescribed
in part 61 may not be feasible for the
powered-lift coming to market. In the
following sections, the FAA explains its
proposal to adopt alternate provisions in
proposed part 194 that would facilitate
a pilot’s ability to log cross-country time
in a powered-lift and complete crosscountry flights over extended terrain
while still realizing the objectives of
cross-country flight. The FAA also
explains its proposal to correct a crossreference in the definition of crosscountry time and to ensure consistent
usage of the defined term throughout
part 61.
i. Alternate Means To Log CrossCountry Time in Powered-Lift
Cross-country time is currently
defined in § 61.1(b).154 Within § 61.1(b),
there are multiple definitions of crosscountry time that are applicable based
on how the cross-country time is used
to meet aeronautical experience 155
requirements. Paragraph (i) of the
definition of cross-country time in
§ 61.1(b), provides a generalized
definition of cross-country time that is
applicable except as provided in
paragraphs (ii) through (vi).156 The
current definitions of cross-country time
in paragraphs (ii), (vi), and (vii) apply to
the aeronautical experience
154 Prior to 1997, part 61 did not contain a formal
or universal definition of cross-country time.
Rather, where a regulation did not specify
parameters of flight that qualified as cross-country,
whether specific flight experience was considered
cross-country in character was a technical
determination made by the FAA. Legal
Interpretation to Troy Wambolt (1993). In 1997, the
FAA added a new section, § 61.1(b), Applicability
and definitions, to ensure consistent use of terms
throughout part 61 (62 FR 16220 (April 4, 1997));
Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules; Correction, Final Rule,
62 FR 40888 (Jul. 30, 1997). The FAA adopted
specific definitions of cross-country time to be
applicable to separate circumstances of aeronautical
experience, which have been updated through
subsequent rulemaking. See Certification of Aircraft
and Airmen for the Operation of Light-Sport
Aircraft, Final Rule, 69 FR 44772 (Jul. 27, 2004);
Pilot Certification and Qualification Requirements
for Air Carrier Operations, Final Rule, 78 FR 42324
(Jul. 15, 2013).
155 The FAA also defines aeronautical experience
in § 61.1(b) as pilot time obtained in an aircraft,
flight simulator, or FTD for meeting the appropriate
training and flight time requirements for an airman
certificate, rating, flight review, or recency of flight
experience requirements of part 61.
156 Paragraph (i) in the current definition of crosscountry time defines cross-country except as
provided in paragraphs (ii) through (vi) of the
definition. As explained in section V.F of this
preamble, the FAA proposes to update the crossreference to include paragraph (vii) of the
definition.
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requirements for powered-lift ratings
(including an instrument-powered-lift
rating) for a private pilot certificate,
commercial pilot certificate, ATP
certificate, or a military pilot who
qualifies for a commercial pilot
certificate under § 61.73. To meet the
definition of cross-country time for
aeronautical experience for powered-lift
ratings, the flight time 157 must include
a landing point that is at least a straightline 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
§ 61.73, whereby cross-country time for
aeronautical experience does not require
a landing point.
Initially, when the FAA adopted the
cross-country definition for meeting the
aeronautical experience requirements
for powered-lift ratings, the FAA
adopted the same distance of 50
nautical miles that applies to airplane
ratings. After comparing the range
capabilities for popular single-engine
airplanes with those for powered-lift,
the FAA has reconsidered the
appropriate distance for logging crosscountry time in a powered-lift. Many of
the popular single-engine airplanes have
ranges of 600–800 nautical miles. Thus,
a 50 nautical mile distance in these
airplanes would equate to 6.25 to 8.3%
of their capable range. Based on a
sampling of the powered-lift projects
currently undergoing the type
certification process, the range
capabilities for the powered-lift coming
to market span from 105–162 nautical
miles.158 As such, a 50 nautical mile
distance in these powered-lift would
equate to 31 to 48% of their capable
range.
Given the significant disparity
between the range capabilities, the FAA
finds it unnecessary to require crosscountry time in a powered-lift to
include the same distance as that
required for airplanes. The FAA is
therefore proposing to add § 194.201 as
a temporary provision that would
reduce the general distance for logging
cross-country time in a powered-lift
from 50 nautical miles to 25 nautical
miles. Specifically, the proposed rule
would permit a person to log flight time
in a powered-lift as cross-country time
when that time (1) includes a point of
landing that is at least a straight-line
distance of more than 25 nautical miles
157 See
14 CFR 1.1 for the definition of flight time.
FAA notes that, currently, only one
certification project involves a powered-lift with a
greater range.
158 The
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from the original point of departure,159
and (2) involves the use of dead
reckoning, pilotage, electronic
navigation aids, radio aids, or other
navigation systems to navigate to the
landing point.
Reducing the general distance for
logging cross-country time in a
powered-lift from 50 nautical miles to
25 nautical miles would not adversely
affect a pilot’s ability to develop the
necessary air navigation skills to operate
a powered-lift outside of a local flying
environment. The FAA is not proposing
to reduce the minimum amount of
cross-country time that must be
obtained in a powered-lift. While the
FAA would permit a pilot to log shorter
cross-country flights as cross-country
time, the pilot is nevertheless required
to obtain the hours of cross-country time
in a powered-lift for the certificate or
rating sought. The reduction in nautical
miles would not diminish the value of
the cross-country experience obtained.
Because the FAA expects powered-lift
to operate flights of shorter duration
(compared to airplanes) and to landing
points other than airports, reducing the
distance to 25 nautical miles would
facilitate the pilot’s ability to acquire
more realistic cross-country experience
in a powered-lift. For example, reducing
the distance to 25 nautical miles would
ensure powered-lift pilots are executing
cross-country flights of a length that are
commensurate with those operations
that will be conducted in the operating
environment after the pilot obtains the
powered-lift category rating.
The reduction in distance would also
provide the pilot and their flight
instructor greater flexibility in selecting
routes to landing locations other than
airports used for airplane takeoffs and
landings, such as heliports and
helipads, which would result in
valuable cross-country experience for
those pilots seeking to operate poweredlift. Furthermore, despite the shorter
distances, the pilot would still gain
experience with preflight planning,
including plotting a course on an
aeronautical chart, selecting
checkpoints, measuring distances,
obtaining pertinent weather
information, and computing flight time,
headings, and fuel requirements. The
159 Powered-lift would not be the only aircraft for
which cross-country time must include a point of
landing that is at least a straight-line distance of
more than 25 nautical miles from the original point
of departure. The FAA has defined cross-country
time for meeting the aeronautical experience
requirements for a rotorcraft rating in this manner
since the definitions were first adopted in 1997.
Like powered-lift, smaller helicopters have shorter
range capabilities than airplanes. For example, the
widely-used helicopters that weigh between 2500–
7500 pounds have ranges of 250–440 nautical miles.
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pilot would also still gain categoryspecific cross-country experience from
handling the flight controls of a
powered-lift while simultaneously
navigating the powered-lift on the
planned route to a destination other
than the point of departure, which
includes finding en route checkpoints
and using navigation systems and radar
services.
While an applicant for a powered-lift
category rating or instrument-poweredlift rating would be able to log crosscountry time in powered-lift that
consists of shorter general distances
(i.e., at least more than 25 nautical
miles), these applicants would still be
required to complete longer crosscountry flights as part of the specific
aeronautical experience required for the
certificate and rating.160 As noted later
in the discussion of alternate crosscountry flight requirements, applicants
for a powered-lift rating would still be
required to conduct several crosscountry training flights that include
distances of at least 50 nautical miles.
Most pilots would obtain the total hours
of category-specific cross-country flight
time required to apply for a pilot
certificate with a powered-lift category
rating by completing the specific crosscountry flights proposed in the
SFAR.161 However, to the extent a pilot
acquires fewer hours,162 the proposed
alternate definition in § 194.201 would
permit that pilot to log shorter crosscountry flights to meet the remaining
hours of cross-country flight time
required for the powered-lift category
rating.
The FAA’s proposed provision in
§ 194.201 would govern the logging of
160 Since the FAA adopted the cross-country time
definitions in 1997, the specific aeronautical
experience requirements for certificates and ratings
have prescribed cross-country flights with
minimum legs that exceed the general minimum
distance specified in the applicable definitions of
‘‘cross-country time.’’ For example, cross-country
time for airplanes as defined in § 61.1 requires the
flight include a distance of at least 50 nautical
miles, but § 61.129(a)(3)(iii) contains discrete crosscountry training requirements that require
completion of cross-country flights that include a
distance of at least 100 nautical miles.
161 While the FAA is proposing to adopt
provisions in the SFAR that would require crosscountry flights with shorter minimum legs than
those currently specified in § 61.129(e), the FAA
notes that these requirements would serve as an
alternative to the requirements set forth in
§ 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 § 61.129(e).
162 Section 61.129(e)(2)(ii) requires an applicant
for a commercial pilot certificate with a poweredlift category rating to acquire 10 hours of crosscountry flight time as PIC in a powered-lift. Section
61.65(f) requires an applicant for an instrumentpowered-lift rating to obtain 10 hours of crosscountry flight time as PIC in a powered-lift.
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cross-country time in powered-lift for
the purpose of meeting the aeronautical
experience requirements of part 61 that
apply to a powered-lift rating, including
the cross-country time required for an
ATP certificate with a powered-lift
category rating. Thus, upon obtaining
powered-lift ratings, a person would be
permitted to log cross-country time in
accordance with § 194.201 towards the
500 hours of cross-country time in
§ 61.163(a)(1).
ii. Specific Cross-Country Requirements
for a Commercial Pilot Certificate
In addition to the alternate
requirements for test pilots, instructor
pilots, and select pilots from parts 135,
141, and 142 discussed earlier, the FAA
is proposing alternate cross-country
aeronautical experience requirements to
those set forth in § 61.129(e) for all
applicants for a powered-lift category
rating at the commercial pilot certificate
level. Section 61.129(e) requires three
specific cross-country flights in a
powered-lift. Section 61.129(e)(3)(ii)
requires one 2-hour cross country flight
in a powered-lift in daytime conditions
that consists of a total straight-line
distance of more than 100 nautical miles
from the original point of departure.
Section 61.129(e)(3)(iii) requires the
same cross-country flight but in
nighttime conditions. Lastly,
§ 61.129(e)(4)(i) requires one crosscountry flight of not less than 300
nautical miles total distance with
landings at a minimum of three points,
one of which is a straight-line distance
of at least 250 nautical miles from the
original departure point.
The FAA mirrored the nautical mile
distances required for airplanes when it
adopted these powered-lift crosscountry requirements. As explained in
the previous section, the powered-lift
coming to the market have limited range
capabilities when compared to the
widely-used single-engine airplanes.
These ranges are well under what is
currently required by § 61.129(e)(4)(i),
which prescribes a long cross-country
flight that includes straight-line distance
of at least 250 nautical miles from the
original departure point. Because the
long cross-country flight specified in
§ 61.129(e)(4)(i) will be insurmountable
for several powered-lift, the FAA finds
it necessary to provide an alternate
means for applicants to obtain valuable
cross-country experience over
unfamiliar terrain.
In place of the long cross-country
flight in § 61.129(e)(4)(i), proposed
§ 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
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consisting of a straight-line distance of
at least 50 nautical miles from the
original point of departure. In
determining the appropriate distance,
the FAA considered the current
aeronautical experience requirements
for persons seeking a commercial pilot
certificate with a rotorcraft category and
helicopter class rating under § 61.129(c)
because, as previously explained,
helicopters also tend to have shorter
range capabilities than airplanes. The
aeronautical experience requirements
for persons seeking a commercial pilot
certificate with a helicopter rating have
traditionally required cross-country
flights that include a distance of 50
nautical miles.163
The distance of 50 nautical miles
would be more compatible with the
range capabilities of current poweredlift coming to market and with the
intended operational use of these
powered-lift (e.g., flights of shorter
duration compared to airplanes).164
However, because the current regulation
requires an applicant for a powered-lift
rating to navigate the powered-lift over
a greater distance, the FAA finds it
necessary to impose an additional
requirement to ensure the applicant for
a powered-lift rating obtains crosscountry experience comparable to that
which would be obtained under the
current powered-lift regulation. As a
result of reducing the straight-line
distance from 250 nautical miles to 50
nautical miles, proposed § 194.233(b)
would require an applicant seeking to
comply with the alternate requirement
to complete an additional cross-country
flight of the same specified distance of
50 nautical miles. The proposed
additional cross-country flight would
have to be conducted to different points
of landing than the initial cross-country
flight. The FAA notes, however, that the
original point of departure may be the
same, as pilots generally begin crosscountry flights at their home airport.
These additional requirements are
intended to serve as risk mitigations to
ensure the alternate requirement does
not have an adverse impact on safety.
The proposed alternative requirement
would result in less distance over which
the pilot would navigate the powered-
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163 14
CFR 61.129(c)(3)(ii) and (iii) and (c)(4)(i).
may emerge with greater range
capabilities and higher airspeeds. The proposed
requirements are intended to be temporary
measures that would remove obstacles in the
current regulations and facilitate pilot certification
for the powered-lift coming to market. The FAA
will continue to evaluate the powered-lift seeking
type certification and monitor the affect the
proposed rule on cross-country training. Based on
this evaluation, the FAA will reevaluate the
appropriate distances for cross-country flight in a
powered-lift.
164 Powered-lift
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lift in cruise flight; however, the
applicant would still obtain valuable
cross-country experience because they
would be required to navigate the
powered-lift to twice as many landing
locations as prescribed under the
current regulation. The proposed
requirement for the second crosscountry flight to include landings at
different points than the initial crosscountry flight would result in the
applicant navigating the powered-lift to
at least four different landing locations
other than the pilot’s home airport.
Because the applicant would be
required to plan an additional crosscountry flight to points that differ from
those selected for the initial crosscountry flight, the applicant would
receive increased exposure to preflight
planning. For example, the applicant
would be required to plot a new course
on an aeronautical chart, select new
checkpoints over unfamiliar terrain,
measure distances to the landing points
selected, and obtain pertinent weather
information on the day of the flight, all
of which would differ from that
obtained for the initial cross-country
flight. The applicant would also be
required to compute the flight time,
headings, and fuel requirements for the
second cross-country flight, as well as
monitor the checkpoints while
navigating the powered-lift to the
different points of landing.
Requiring the second cross-country
flight to include landings at different
points than the initial cross-country
flight would also ensure the applicant
obtains experience navigating the
powered-lift to destinations with which
they are not intimately familiar, which
would increase the applicant’s exposure
to the use of navigational systems and
radar services. Additionally, because the
conditions of the second flight would
inherently differ from the initial crosscountry flight, the applicant would be
exposed to new cross-country scenarios
that require decision-making and risk
management. Furthermore, requiring
two cross-country flights, each of which
include a minimum of three points with
one segment consisting of a straight-line
distance of at least 50 nautical miles,
would ensure the pilot is exposed to
realistic cross-country flying conditions
over at least 100 total nautical miles of
unfamiliar terrain. As a result, the
applicant would still be exposed to
realistic cross-country flying while
navigating the powered-lift to locations
outside of the pilot’s local flying
environment, which would enable the
pilot to apply and expand their
knowledge of cross-country flight and
foster the development of air navigation
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skills. Accordingly, the FAA concludes
that the alternate cross-country
requirements proposed in the SFAR
would not adversely affect safety
because they would ensure that the
applicant obtains cross-country
experience that is comparable to that
provided by the current regulation.
The FAA is likewise proposing
alternate requirements for the crosscountry flights that currently exist in
§ 61.129(e)(3)(ii) and (iii) (i.e., straightline distance of at least 100 nautical
miles from the original departure point)
for the reasons discussed earlier. Under
proposed § 194.233(a), an applicant
would be required to log at least one 2hour cross country flight in a poweredlift in daytime conditions (proposed
§ 194.233(a)(1)) and one 2-hour crosscountry flight in a powered-lift in
nighttime conditions (proposed
§ 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
§ 61.129(e)(3)).
While the proposal would reduce the
required distances for the cross-country
flights in § 61.129(e)(3) from 100
nautical miles to 50 nautical miles, it
would not reduce the required flight
time (e.g., 2 hours). Therefore, the pilot
would still obtain cross-country
experience in the powered-lift for the
duration of time that is currently
required by the regulations. However,
consistent with the previous
explanation concerning the alternate
requirements for § 61.129(e)(4)(i),
because the current regulation requires
an applicant for a powered-lift rating to
navigate the powered-lift over a greater
distance, the FAA finds it necessary to
impose an additional requirement to
ensure the applicant obtains the
necessary air navigation skills under the
proposed alternate requirements. As a
result of reducing the straight-line
distance from 100 nautical miles to 50
nautical miles, the FAA proposes in
§ 194.233(a)(3) to require an additional
cross-country flight of the same
specified distance of 50 nautical miles.
Except for the original point of
departure, the additional cross-country
flight must include landings at different
points than the points selected for the
day and night cross-country flights. For
the same reasons discussed above, the
FAA concludes that the alternate
requirements for the cross-country
flights that currently exist in
§ 61.129(e)(3)(ii) and (iii) would not
adversely affect safety, provided the
applicant completes the additional
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cross-country flight in accordance with
proposed § 194.233(a)(3).
In addition to the proposed safety
mitigations discussed above, the FAA
finds that there are sufficient safeguards
in the regulations to prevent any
reduction in safety. The applicant for a
commercial pilot certificate with a
powered-lift category rating would still
be required to receive and log ground
training from an authorized instructor
on the aeronautical knowledge areas
specified in § 61.125(b), which includes
several areas related to cross-country
planning and air navigation (e.g.,
meteorology, weight and balance
computations, use of performance
charts, use of aeronautical charts and a
magnetic compass for pilotage and dead
reckoning, use of air navigation
facilities, aeronautical decision making
and judgment, and procedures for
operating within the NAS). The
applicant would also still be required to
receive and log flight training from an
authorized instructor on the areas of
operation specified in § 61.127(b)(5),
which includes ‘‘navigation.’’ 165
Additionally, the applicant must meet
the aeronautical experience
requirements that apply to the poweredlift 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 § 61.127(b), which
includes tasks on cross-country
planning and navigation.166
ddrumheller on DSK120RN23PROD with PROPOSALS2
iii. Specific Cross-Country
Requirements for an InstrumentPowered-Lift Rating (§ 61.65(f))
In addition to the alternate
requirements for test pilots, instructor
pilots, and select pilots from parts 135,
141, and 142 discussed earlier, the FAA
is proposing alternate cross-country
aeronautical experience requirements
for all applicants for an instrumentpowered-lift rating under § 61.65(f).
Currently, the instrument training on
cross-country flight procedures required
in § 61.65(f)(2)(ii) must include a flight
of 250 nautical miles along airways or
by directed routing from an ATC
facility. For the reasons stated
previously, this cross-country distance
is not appropriate for the powered-lift
coming to the market. Therefore, the
FAA has reconsidered the appropriate
165 14
CFR 61.127(b)(5)(vii).
Cross-Country Planning is a Task
under Area of Operation Preflight Preparation in the
Commercial Pilot for Powered-Lift Category ACS to
ensure that applicants exhibit satisfactory
knowledge, risk management, and skills associated
with cross-country flights and VFR flight planning
(e.g., route planning, calculating fuel requirements,
creation of navigation logs).
166 Specifically,
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distances for cross-country flights for an
instrument-powered-lift rating.
While the 250 nautical mile
requirement in § 61.65(f)(2)(ii) is not
required to be in a straight-line distance,
the FAA still finds that it would be an
obstacle for several powered-lift based
on the range capabilities that the FAA
has evaluated. Therefore, in place of the
long cross-country flight in
§ 61.65(f)(2)(ii)(A), proposed
§ 194.235(a)(2)(i) would permit an
applicant to complete a cross-country
flight that involves a distance of 100
nautical miles along airways or by
directed routing from an ATC facility.
The FAA again considered the
aeronautical experience requirements
for persons seeking an instrumenthelicopter rating because, as previously
explained, helicopters also tend to have
shorter range capabilities than airplanes.
As explained in this section the distance
for helicopters would be more
compatible with the range capabilities
of current powered-lift coming to
market and with the intended
operational use of these powered-lift
(e.g., flights of shorter duration
compared to airplanes).
Consistent with the alternate
requirements proposed for the crosscountry experience for a commercial
pilot certificate, the FAA finds it
necessary to impose an additional
requirement to ensure the applicant for
an instrument-powered-lift rating
obtains experience comparable to that
which would be obtained under the
current regulation. Thus, the FAA is
proposing to require the applicant to
complete an additional cross-country
flight of the same specified distance of
100 nautical miles.
Under the proposed cross-country
experience requirements, the applicant
would navigate under IFR for a shorter
overall distance. By requiring the
applicant to plan and conduct two
cross-country flights under IFR rather
than one, the FAA would ensure the
applicant receives additional experience
planning a cross-country flight under
IFR and navigating a powered-lift to
destinations with which the applicant is
not intimately familiar while operating
along airways or by receiving direct
routing from an ATC facility.
Furthermore, the applicant would
acquire additional experience filing,
activating, and closing an IFR flight
plan; navigating under IFR; interpreting
appropriate and current approach
procedure charts; and performing
instrument approaches with the use of
navigation systems. Therefore, while the
proposed requirements would result in
less distance over which the applicant
would navigate the powered-lift under
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IFR, the additional cross-country flight
would serve as a risk mitigation to
ensure the alternate requirement does
not adversely affect safety.
Similar to the proposed alternate
cross-country experience requirements
discussed in this section of this
preamble, there are sufficient safeguards
in the regulations to prevent any
reduction in safety. Under proposed
§ 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 § 61.65(b), which would ensure
the applicant has the foundational
knowledge to plan and execute IFR
cross-country flights. The applicant
would also still be required to receive
and log flight training from an
authorized instructor (or from an
instructor pilot) on the areas of
operation specified in § 61.65(c), which
includes ATC clearances and
procedures, flight by reference to the
instruments, navigation systems, and
instrument approach procedures.167
Furthermore, the applicant must meet
the existing aeronautical experience
requirements that apply to the
instrument-powered-lift rating (e.g., 10
hours of cross-country flight time as PIC
in a powered-lift) and pass the practical
test on the areas of operation in
§ 61.65(c).
The FAA is also proposing in
§ 194.235(b) to provide relief from the
requirement in § 61.65(f)(2)(ii) to
perform instrument training on crosscountry procedures under instrument
flight rules and a flight plan filed with
an air traffic control facility when an
aircraft is not certificated for IFR. This
relief is necessary to prevent a person
from filing a flight plan for a poweredlift that is certificated for VFR only
operations in violation of § 91.9. This
relief is available only when the pilot
already holds an instrument airplane
rating, an instrument helicopter rating,
or an ATP certificate. These pilots
would already have experience
operating under IFR and will have been
tested on instrument procedures and
regulations governing IFR operations.168
167 The introductory language in § 61.65(f)(2)
requires that the flight time under that section cover
the areas of operation in § 61.65(c); therefore, the
cross-country flight required under
§ 61.65(f)(2)(ii)(A) must cover those areas.
168 Based on the narrow applicability of this relief
and the temporary nature of the SFAR, the FAA
finds that requiring the applicant to hold either an
instrument rating in an airplane or helicopter or an
ATP certificate would appropriately mitigate any
risk that may be introduced.
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iv. Specific Cross-Country Flights for
Private Pilot Certificate (§ 61.109)
This proposed SFAR is intended to
enable experienced pilots to become the
initial cadre of commercial powered-lift
pilots. Once this initial pathway is
enabled, those individuals will be able
to branch out into the general aviation
community with the experience
garnered through compliance with this
SFAR. The FAA is proposing an
alternate pathway for these individuals
at the commercial level as discussed in
this section of this preamble because
they possess the knowledge, skills, and
abilities to a degree higher than what is
expected of private pilots. Moreover, the
powered-lift currently working through
the aircraft certification process are
complex aircraft intended to be used for
commercial passenger-carrying
operations. The FAA does not deem it
necessary to grant relief from existing
regulations at the private pilot level
initially due to an expected lack of
trainer aircraft for powered-lift limiting
the ability to conduct student pilot
training in powered-lift.
The FAA expects this SFAR and
accompanying permanent regulatory
amendments will facilitate flight
training under part 61 in powered-lift,
including for those individuals seeking
a powered-lift rating at the private pilot
certificate level. The rationale for
offering relief from the cross-country
requirements for commercial pilots
applies equally to an applicant for a
private pilot certificate. Therefore, the
FAA is proposing to reduce the nautical
mile distances in the aeronautical
experience required to be eligible for a
private pilot certificate.
To obtain a private pilot certificate
with a powered-lift category rating, a
person must satisfy the eligibility
requirements for a private pilot
certificate, which are contained in
§ 61.103. Section 61.103 contains
several requirements, including the
requirement for a person to meet certain
aeronautical experience set forth by
§ 61.109 that apply to the aircraft
category rating sought before applying
for the practical test.169 The
aeronautical experience requirements
for a person seeking to obtain a private
pilot certificate with a powered-lift
category rating or seeking to add a
powered-lift category rating to a private
pilot certificate are contained in
§ 61.109(e).
Specifically, § 61.109(e) requires a
person who applies for a private pilot
certificate with a powered-lift category
rating to log at least 40 hours of total
169 14
CFR 61.103(g).
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flight time as a pilot, which must
include at least 20 hours of flight
training from an authorized instructor
and 10 hours of solo flight training on
the areas of operation listed in
§ 61.107(b)(5). Additionally, this flight
training must include the subsets of
training set forth in § 61.109(e)(1)
through (5), including specified crosscountry flight training. First,
§ 61.109(e)(1) requires training to
include three hours of cross-country
training in a powered-lift. Section
61.109(e)(2)(i) requires training to
include one cross-country flight of over
100 nautical miles total distance. Lastly,
§ 61.109(e)(5) requires 10 hours of solo
flight time consisting of at least 5 hours
cross-country time with one solo crosscountry flight of at least 150 nautical
miles total distance with full-stop
landings at three points, of which one
segment consists of more than 50
nautical miles between the takeoff and
landing locations.
As previously discussed in this
section of the preamble, when the FAA
adopted the cross-country flight time
requirements for a commercial pilot
certificate with a powered-lift category
rating, the FAA mirrored the nautical
mile distance that was required for
airplanes. The FAA similarly mirrored
the nautical mile distance required for
airplanes for the cross-country flight
time requirements in obtaining a private
pilot certificate with a powered-lift
category rating. For reasons discussed in
section E of this preamble, the FAA
finds it unnecessary to require crosscountry flights in powered-lift at the
private pilot level to include the same
distances as those required for
airplanes. Therefore, the FAA is
proposing alternate aeronautical
experience requirements that would
allow an applicant for a private pilot
certificate with a powered-lift category
rating to complete the cross-country
flights in § 61.109 at a reduced nautical
mile distance.
First, in place of the cross-country
flight in § 61.109(e)(2)(i) (i.e., night
flight training that includes one crosscountry flight over 100 nautical miles),
proposed § 194.237(a) would require an
applicant to receive three hours of night
flight training that includes two crosscountry flights with each flight
consisting of a total distance that
exceeds 50 nautical miles. Consistent
with the prior explanation concerning
the alternate cross-country experience
requirements for § 61.129(e)(3)(ii) and
(iii) and (e)(4)(i), the second crosscountry flight would serve as a risk
mitigation to ensure that the applicant
obtains the necessary air navigation
skills under the proposed alternate
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requirements. Therefore, for the same
reasons as previously discussed, the
FAA finds the proposed alternate crosscountry experience requirements for the
cross-country flight that exists in
§ 61.109(e)(2)(i) would not adversely
affect safety.
Additionally, in place of the solo
cross-country flight that is currently
listed in § 61.109(e)(5)(ii) (i.e., 150
nautical miles total distance with one
segment of the flight consisting of a
straight-line distance of more than 50
nautical miles), proposed § 194.237(b)
would set forth alternate solo crosscountry experience. Specifically, the
applicant would be required to
complete one solo cross-country flight
of 100 nautical miles total distance with
landings at three points and with one
segment of the flight consisting of a
straight-line distance of more than 25
nautical miles (proposed
§ 194.237(b)(1)).
However, consistent with the
discussion in this section of this
preamble, it will be necessary to impose
an additional requirement to ensure the
applicant obtains cross-country
experience comparable to that which
would be obtained under the current
regulation. Therefore, the FAA proposes
to require an additional solo crosscountry flight to be conducted in a
powered-lift (proposed § 194.237(b)(2)).
This additional solo cross-country flight
would require landings at a minimum of
three points, with one segment
consisting of a straight-line distance of
at least 50 nautical miles from the
original point of departure. The
additional cross-country flight would be
required to be conducted to different
points of landing than the initial crosscountry flight. The applicant would still
obtain valuable cross-country
experience because the applicant would
be required to navigate the powered-lift
to twice the number of landing locations
than as currently prescribed under
§ 61.109(e), providing additional
exposure to preflight planning and
experience at myriad landing points.
The earlier discussion of cross-country
alternatives for commercial pilot
certificates further details the benefits of
navigating the powered-lift to twice as
many landing locations, which is
equally applicable in this context.
While proposed § 194.237 would
reduce the required distances for the
cross-country flights in § 61.109, it does
not propose to reduce the required flight
time. A person seeking a private pilot
certificate with a powered-lift category
rating would still be required to obtain
3 hours of cross-country flight training
in a powered-lift, pursuant to
§ 61.109(e)(1), and 5 hours of cross-
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country solo flight time in a poweredlift under proposed § 61.109(e)(5)(i).170
The SFAR proposal simply accounts for
the operational capabilities of poweredlift by the reduction of required nautical
miles, while continuing to ensure that
the pilot has sufficient cross-country
experience and has developed skills that
are specific to operating a powered-lift
on a flight outside of the pilot’s local
flying environment corresponding to the
private pilot level.
Furthermore, as previously discussed
in this section, notwithstanding the
current definitions of cross-country time
in § 61.1(b), the FAA is proposing to
allow flight time logged in a poweredlift as cross-country time provided, in
pertinent part, that the time was
acquired during a flight that includes a
point of landing that was at least a
straight-line distance of more than 25
nautical miles from the original point of
departure. The FAA notes that this
proposal would apply to cross-country
flight training time in a powered-lift
required by § 61.109(e)(1) and solo
cross-country time required by
§ 61.109(e)(5)(i).171
v. Part 141 Appendices
The FAA notes that certain existing
minimum curriculum requirements for a
part 141 pilot school seeking approval
to utilize a powered-lift specified in the
part 141 appendices mirror the crosscountry requirements set forth in
§§ 61.65(f), 61.109(e), and 61.129(e). For
example, paragraph 4.(b)(5)(ii) and (iii)
of appendix D requires one 2-hour cross
country flight in daytime conditions in
a powered-lift and one 2-hour cross
country flight in nighttime conditions in
a powered-lift that each consist of a total
straight-line distance of more than 100
nautical miles from the original point of
departure; these requirements
correspond to those set forth in
§ 61.129(e)(3)(ii) and (iii). This is also
the case with the minimum crosscountry curriculum requirements in
appendix B, paragraphs 4.(b)(5)(ii)(A)
and 5.(e)(1) for a private powered-lift
certification course (mirroring
§ 61.109(e)(2)(i) and (e)(5)); appendix C,
paragraph 4.(c)(3)(ii) for an instrumentpowered-lift rating course (mirroring
§ 61.65(d)(2)(ii)); appendix D, paragraph
5.(e)(2) for a commercial powered-lift
certification course (mirroring
§ 61.129(e)(4)(i)); and appendix M,
paragraphs 4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A),
and 5.(d)(1) for a combined private pilot
certification and instrument rating
course.
For the reasons discussed in section
V.E, the FAA has found that the
alternate cross-country requirements in
proposed §§ 194.233, 194.235, and
194.237 would not adversely impact
safety, and that part 141 pilot schools
should be able to utilize these alternate
cross-country distances. Therefore, FAA
proposes § 194.239(b) to facilitate this
substitution, on the condition that the
training course include an additional
cross-country flight consistent with the
requirements of §§ 194.233, 194.235,
and 194.237, as applicable.
vi. Technical Correction and
Nomenclature Change
While considering the alternate crosscountry requirements proposed in the
SFAR, the FAA became aware of the
need for a technical correction in the
definition of cross-country time in
§ 61.1(b). Currently, paragraph (i) of the
definition provides the general
definition of cross-country time
‘‘[e]xcept as provided in paragraphs (ii)
through (vi) of this definition.’’
However, the definition of cross-country
time includes paragraphs (ii) through
(vii). Paragraph (vii) contains the crosscountry time definition for a military
pilot who qualifies for a commercial
pilot certificate (except with a rotorcraft
category rating) under § 61.73. Thus,
like paragraphs (ii) through (vi),
paragraph (vii) contains an exception to
the general definition of cross-country
time in paragraph (i). The FAA is,
therefore, proposing to correct the cross-
reference in paragraph (i) of the
definition to refer to paragraphs (ii)
through (vii) of the definition.
Further, while considering the
alternate requirements for the crosscountry aeronautical experience in
§ 61.129(e), the FAA noted that the
nomenclature concerning ‘‘crosscountry time’’ is inconsistent
throughout part 61. The definition
contained in § 61.1(b) references ‘‘crosscountry time’’ whereas the regulations
often use the nomenclature ‘‘crosscountry flight time.’’ The FAA is
proposing to remove ‘‘cross-country
flight time’’ throughout part 61 and
replace the term with the words ‘‘crosscountry time.’’ This proposed change
would ensure consistent usage of the
defined term throughout the regulations.
The following sections would be
amended to reflect this nomenclature
change: §§ 61.65(d), (e), (f), (g)
introductory text, (g)(1) and (2);
61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i);
61.159(a)(1), (a)(5)(i); 61.160(e), (f);
61.161(a)(1); 61.163(a)(1), (a)(3)(i); and
61.411(a)(1)(iii) and (iv), (c)(1)(iii) and
(iv), (d)(1)(iii) and (iv), (f)(1)(iii) and (iv),
(g)(1)(iii) and (iv).
5. Alternate Experience and Logging
Summaries
i. Summary Tables for Obtaining a
Commercial Pilot Certificate With
Powered-Lift Rating
As noted, the proposed rule language
to facilitate airmen certification for a
commercial pilot certificate with a
powered-lift rating involves several
alternate experience and logging
requirements. To facilitate readability of
the alternate requirements that would
apply to persons seeking powered-lift
ratings, the FAA has compartmentalized
the rule language into individual
sections depending on the powered-lift
ratings sought. Tables 2, 3, and 4
contain the proposed alternate
provisions for a commercial pilot
certificate with a powered-lift rating.
TABLE 2—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
TEST PILOTS AND INSTRUCTOR PILOTS
ddrumheller on DSK120RN23PROD with PROPOSALS2
Current flight time requirements
(§ 61.129(e))
Alternate provisions for test pilots *
Alternate provisions for instructor pilots *
Powered-Aircraft Time
100 hours in powered-aircraft, of
which 50 hours must be in a
powered-lift.
No alternative.
170 Currently, § 61.109(e)(5) permits an applicant
to obtain 10 hours of solo flight time in either an
airplane or a powered-lift. For the reasons
discussed in section I.H of this preamble, the FAA
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No alternative.
is proposing to amend § 61.109(e)(5) to require the
solo flight time to be obtained in a powered-lift.
171 This merely reduces the distance requirements
listed in § 61.109(e)(2)(i) and (e)(5)(ii) to mirror
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those required in § 61.109(c)(2)(i) and (c)(5)(ii) for
helicopters. Private pilot applicants for a poweredlift rating must meet all other aeronautical
experience requirements provided in § 61.109(e).
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TABLE 2—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
TEST PILOTS AND INSTRUCTOR PILOTS—Continued
Current flight time requirements
(§ 61.129(e))
Alternate provisions for test pilots *
Alternate provisions for instructor pilots *
PIC Flight Time
100 hours of PIC flight time, which
includes at least—
(1) 50 hours in a powered-lift, and
(2) 50 hours in cross-country flight
of which 10 must be in poweredlift.
A test pilot who is not rated in the powered-lift may
log PIC flight time in the experimental powered-lift
if (1) the test pilot is the sole manipulator of the
controls, (2) the test pilot is acting as PIC, and (3)
the flight is conducted for the purpose of R&D or
showing compliance.
See proposed § 194.217(c).
An instructor pilot who is not rated in the poweredlift may log PIC flight time in the experimental
powered-lift if (1) acting as PIC, and (2) the flight
is conducted for the purpose of crew training.
See proposed § 194.219(c).
Training on the Areas of Operation listed in § 61.127(b)(5)
20 hours of training on the areas of
operation listed in § 61.127(b)(5)
that includes at least—
Test pilot may receive this training from an instructor pilot (rather than an authorized instructor) if (1)
training is conducted in accordance with the manufacturer’s training curriculum, and (2) test pilot
receives endorsement from instructor pilot certifying satisfactory completion of the curriculum.
See proposed § 194.217(b)(1).
(1) 10 hours of instrument training
using a view-limiting device including attitude instrument flying,
partial panel skills, recovery from
unusual flight attitudes, and intercepting and tracking navigational
systems. 5 hours of the 10 hours
required on instrument training
must be in a powered-lift.
(2) The following cross-country
flights—
• One 2-hour cross country flight in
a powered-lift in daytime conditions that consists of a total
straight-line distance of more
than 100 nautical miles from the
original point of departure; and
• One 2-hour cross country flight in
a powered-lift in nighttime conditions that consists of a total
straight-line distance of more
than 100 nautical miles from the
original point of departure; and
Test pilot may receive this instrument training from
instructor pilot in an experimental powered-lift in
accordance with the manufacturer’s proposed
training curriculum.
See proposed § 194.217(b)(1).
(3) 3 hours in a powered-lift with an
authorized instructor in preparation for the practical test within
the preceding 2 calendar months
from the month of the test.
Test pilot may complete all of the following crosscountry flights—
One 2-hour cross country flight in a powered-lift in
daytime conditions that consists of a total straightline distance of more than 50 nautical miles from
the original point of departure;
One 2-hour cross country flight in a powered-lift in
nighttime conditions that consists of a total
straight-line distance of more than 50 nautical
miles from the original point of departure; and
An additional cross-country flight with landings at a
minimum of three points, with one segment consisting of a straight-line distance of at least 50
nautical miles from the original point of departure.
The additional cross-country flight must include
landings at different points than the first two
cross-country flights.
See proposed § 194.233(a).
Test pilot may accomplish the practical test preparation with an instructor pilot (rather than an authorized instructor).
See proposed § 194.217(b)(2).
In lieu of receiving this training, an instructor pilot
may provide the manufacturer’s training curriculum to a test pilot, which includes 20 hours of
training on the areas of operation listed in
§ 61.127(b)(5). Instructor pilot must receive endorsement from management official certifying
that instructor pilot provided the training.
See proposed § 194.219(b)(1).
Instructor pilot may satisfy this requirement by providing instrument training to test pilot in accordance with the manufacturer’s proposed training
curriculum.
See proposed § 194.219(b)(1).
Instructor pilot may complete all of the same alternate cross-country flights as test pilot.
See proposed § 194.233(a).
Instructor pilot may accomplish the practical test
preparation with another instructor pilot (rather
than an authorized instructor).
See proposed § 194.219(b)(2).
ddrumheller on DSK120RN23PROD with PROPOSALS2
Solo Flight Time or Flight Time Performing the Duties of PIC
Ten 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 on board (either of
which may be credited towards
the flight time requirement under
§ 61.129(e)(2), on the areas of
operation listed in § 61.127(b)(5))
that includes—
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Test pilot may complete 10 hours of solo flight time
under an endorsement from an instructor pilot or
10 hours of flight time performing the duties of
PIC in a powered-lift with either a test pilot or an
instructor pilot onboard.
See proposed § 194.217(b)(3).
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The alternate provision for test pilots also applies to
instructor pilots.
See proposed § 194.219(b)(3).
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TABLE 2—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
TEST PILOTS AND INSTRUCTOR PILOTS—Continued
Current flight time requirements
(§ 61.129(e))
Alternate provisions for test pilots *
(1) One cross-country flight of not
less than 300 nautical miles total
distance with landings at a minimum of three points, one of
which is a straight-line distance
of at least 250 nautical miles
from the original departure point.
However, if this requirement is
being met in Hawaii the longest
segment need only have a
straight-line distance of at least
150 nautical miles; and
(2) 5 hours in night VFR conditions
with 10 takeoffs and 10 landings
(with each landing involving a
flight in the traffic pattern) at an
airport with an operating control
tower.
Test pilot may complete 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. The second cross-country flight
must include landings at different points than the
first cross country flight.
See proposed § 194.233(b).
Instructor pilot may complete the same alternate
cross-country flights as test pilot.
See proposed § 194.233(b).
No alternative.
No alternative.
Alternate provisions for instructor pilots *
* To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots
and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See proposed §§ 194.217(a) and
194.219(a).
TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF
INSTRUCTORS, AND TRAINING CENTER EVALUATORS
Alternate provisions for initial cadre of check pilots, chief instructors,
assistant chief instructors, and TCEs *
(herein referred to as applicants)
Current flight time requirements
(§ 61.129(e))
Powered-Aircraft Time
100 hours in powered-aircraft, of which 50 hours must be in a powered-lift.
No alternative.
PIC Flight Time
100 hours of PIC flight time, which includes at least—
(1) 50 hours in a powered-lift, and
(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 40
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 proposed § 194.221(c).
Training on the Areas of Operation listed in § 61.127(b)(5)
ddrumheller on DSK120RN23PROD with PROPOSALS2
20 hours of training on the areas of operation listed in § 61.127(b)(5)
that includes at least—
(1) 10 hours of instrument training using a view-limiting device including attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems. 5 hours of the 10 hours required on instrument training must
be in a powered-lift.
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An applicant may receive this training from an 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 proposed § 194.221(b)(1).
An applicant may receive this instrument training from instructor pilot in
a type certificated powered-lift in accordance with the manufacturer’s
training curriculum.
See proposed § 194.221(b)(1).
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TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF—Continued
INSTRUCTORS, AND TRAINING CENTER EVALUATORS
Alternate provisions for initial cadre of check pilots, chief instructors,
assistant chief instructors, and TCEs *
(herein referred to as applicants)
Current flight time requirements
(§ 61.129(e))
(2) The following cross-country flights—
• One 2-hour cross country flight in a powered-lift in daytime conditions that consists of a total straight-line distance of more than 100
nautical miles from the original point of departure; and
• One 2-hour cross country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 100
nautical miles from the original point of departure; and
(3) 3 hours in a powered-lift with an authorized instructor in preparation
for the practical test within the preceding 2 calendar months from the
month of the test.
An applicant may complete all of the following cross-country flights—
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;
One 2-hour cross country flight in a powered-lift in nighttime conditions
that consists of a total straight-line distance of more than 50 nautical
miles from the original point of departure; and
An additional cross-country flight with landings at a minimum of three
points, with one segment consisting of a straight-line distance of at
least 50 nautical miles from the original point of departure. The additional cross-country flight must include landings at different points
than the first two cross-country flights.
See proposed § 194.233(a).
An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor).
See proposed § 194.221(b)(2).
Solo Flight Time or Flight Time Performing the Duties of PIC
Ten 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 on board (either of which may be credited towards the flight
time requirement under § 61.129(e)(2), on the areas of operation listed in § 61.127(b)(5)) that includes—
(1) One cross-country flight of not less than 300 nautical miles total distance with landings at a minimum of three points, one of which is a
straight-line distance of at least 250 nautical miles from the original
departure point. However, if this requirement is being met in Hawaii
the longest segment need only have a straight-line distance of at
least 150 nautical miles; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings
(with each landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
An applicant may complete 10 hours of solo flight time under an endorsement from an instructor pilot or 10 hours of flight time performing the duties of PIC in a powered-lift with an instructor pilot onboard (rather than an authorized instructor).
See proposed § 194.221(b)(3).
An applicant may complete two cross-country flights with landings at a
minimum of three points, with one segment consisting of a straightline distance of at least 50 nautical miles from the original point of
departure. The second cross-country flight must include landings at
different points than the first cross country flight.
See proposed § 194.233(b).
No alternative.
* To use the alternate provisions below, the flights must be conducted in a type-certificated powered-lift at the manufacturer and the applicant
must be authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for
the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142, as appropriate. See proposed
§ 194.221(a).
TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM
Alternate provisions for persons receiving training under a part 135,
141, or 142 approved training program *
(herein referred to as applicants)
Current flight time requirements
(§ 61.129(e))
Powered-Aircraft Time
100 hours in powered-aircraft, of which 50 hours must be in a powered-lift.
No alternative.
PIC Flight Time
ddrumheller on DSK120RN23PROD with PROPOSALS2
100 hours of PIC flight time, which includes at least—
.(1) 50 hours in a powered-lift, and
(2) 50 hours in cross-country flight of which 10 must be in powered-lift
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An applicant who is not rated in the powered-lift may log up to 40
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 proposed § 194.223(c).
• An applicant may credit up to 15 hours obtained in a level C or higher FFS toward the requirement to obtain 50 hours of PIC flight time
in a powered-lift if (1) the FFS represents the powered-lift category,
(2) the applicant was performing the duties of PIC, and (3) the flights
are conducted in accordance with an approved training program
under part 135, 141 or 142.
See proposed § 194.233(d).
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TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING:
PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM—Continued
Alternate provisions for persons receiving training under a part 135,
141, or 142 approved training program *
(herein referred to as applicants)
Current flight time requirements
(§ 61.129(e))
Training on the Areas of Operation listed in § 61.127(b)(5)
20 hours of training on the areas of operation listed in § 61.127(b)(5)
that includes at least—
(1) 10 hours of instrument training using a view-limiting device including attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems. 5 hours of the 10 hours required on instrument training must
be in a powered-lift.
(2) The following cross-country flights—
• One 2-hour cross country flight in a powered-lift in daytime conditions that consists of a total straight-line distance of more than 100
nautical miles from the original point of departure; and
• One 2-hour cross country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 100
nautical miles from the original point of departure; and
(3) 3 hours in a powered-lift with an authorized instructor in preparation
for the practical test within the preceding 2 calendar months from the
month of the test.
No alternative.
No alternative.
An applicant may complete all of the following cross-country flights—
• 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;
• One 2-hour cross country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 50
nautical miles from the original point of departure; and
• An additional cross-country flight with landings at a minimum of three
points, with one segment consisting of a straight-line distance of at
least 50 nautical miles from the original point of departure. The additional cross-country flight must include landings at different points
than the first two cross-country flights.
(See proposed § 194.211(b))
See proposed § 194.233(a).
No alternative.
Solo Flight Time or Flight Time Performing the Duties of PIC
Ten 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 on board (either of which may be credited towards the flight
time requirement under § 61.129(e)(2), on the areas of operation listed in § 61.127(b)(5)) that includes—
(1) One cross-country flight of not less than 300 nautical miles total distance with landings at a minimum of three points, one of which is a
straight-line distance of at least 250 nautical miles from the original
departure point. However, if this requirement is being met in Hawaii
the longest segment need only have a straight-line distance of at
least 150 nautical miles; and
(2) 5 hours in night VFR conditions with 10 takeoffs and 10 landings
(with each landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
No alternative.
An applicant may complete two cross-country flights with landings at a
minimum of three points, with one segment consisting of a straightline distance of at least 50 nautical miles from the original point of
departure. The second cross-country flight must include landings at
different points than the first cross country flight.
See proposed § 194.233(b).
No alternative.
* 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
ddrumheller on DSK120RN23PROD with PROPOSALS2
As noted, the proposed rule language
to facilitate airmen certification for an
instrument-powered-lift rating involves
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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
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sections depending on the powered-lift
ratings sought. Tables 5, 6, and 7
summarize the proposed alternate
provisions for an instrument-poweredlift rating.
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TABLE 5—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: TEST PILOTS AND INSTRUCTOR PILOTS
Current flight time requirements
(§ 61.65(f))
Alternate provisions for test pilots *
Alternate provisions for instructor pilots *
Cross-Country Time as PIC
50 hours of cross-country time as PIC, of which
10 hours must have been in a powered-lift.
A test pilot who is not rated in the powered-lift
may log PIC flight time in the experimental
powered-lift toward the 10-hour cross-country time requirement if (1) the test pilot is
the sole manipulator of the controls, (2) the
test pilot acting as PIC of the powered-lift,
and (3) the flight is conducted for the purpose of R&D or showing compliance.
See proposed § 194.225(c).
An instructor pilot who is not rated in the powered-lift may log PIC flight time in the experimental powered-lift towards the 10-hour
cross-country time requirement if (1) acting
as PIC of the powered lift, and (2) the flight
is conducted for the purpose of crew training.
See proposed § 194.227(c).
Instrument Time on the Areas of Operation listed in § 61.65(c)
40 hours of actual or simulated instrument time
in the areas of operation listed in § 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:
(1) 3 hours of instrument flight training from an
authorized instructor in a powered-lift that is
appropriate to the instrument-powered-lift rating within 2 calendar months before the date
of the practical test; and.
(2) 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 control
facility, that involves—
• A flight of 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.
Test pilot may receive 15 hours of instrument
training on the areas of operation listed in
§ 61.65(c) from an instructor pilot (rather
than an authorized instructor) if the training
is conducted in accordance with the manufacturer’s proposed training curriculum, and
test pilot receives endorsement from instructor pilot certifying satisfactory completion of the curriculum.
See proposed § 194.225(b)(1).
Test pilot may accomplish the practical test
preparation with an instructor pilot (rather
than an authorized instructor).
See proposed § 194.225(b)(2).
In lieu of receiving the 15 hours of instrument
training on the areas of operation listed in
§ 61.65(c), an instructor pilot may provide
this instrument training to the test pilot in
accordance with the manufacturer’s proposed training curriculum. Instructor pilot
must receive endorsement from management official certifying that instructor pilot
provided the training.
See proposed § 194.227(b)(1).
Instructor pilot may accomplish the practical
test preparation with another instructor pilot
(rather than an authorized instructor).
See proposed § 194.227(b)(2).
• Test pilot may complete the cross-country
flight with an instructor pilot (rather than an
authorized instructor).
• Instead of completing one cross-country
flight of 250 nautical miles, a test pilot may
complete two cross-country flights, each of
which must involve a flight of 100 nautical
miles along airways or by directed routing
from an ATC facility.1
See proposed §§ 194.225(b)(4) and
194.235(a).
• Instructor pilot may complete the crosscountry flight with another instructor pilot
(rather than an authorized instructor).
• Instructor pilot may complete the same alternate cross-country flights as test pilot.
See proposed §§ 194.227(b)(4) and
194.235(a).
* To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots
and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See proposed §§ 194.225(a) and
194.227(a).
1 The other requirements in § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each
cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems.
TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF
INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS
Alternate provisions for initial cadre of check pilots, chief instructors,
assistant chief instructors, and TCEs *
(herein referred to as applicants)
Current flight time requirements
(§ 61.65(f))
Cross-Country Time as PIC
ddrumheller on DSK120RN23PROD with PROPOSALS2
50 hours of cross-country time as PIC, of which 10 hours must have
been in a powered-lift.
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An applicant who is not rated in the powered-lift may log PIC flight time
in the powered-lift towards the 10-hour cross-country time requirement for flights that are conducted in accordance with a manufacturer’s training curriculum if the applicant is (1) the sole manipulator of
the controls, (2) manipulating the controls of the powered-lift with an
instructor pilot onboard, and (3) performing the duties of PIC.
See proposed § 194.229(c).
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TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF
INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS—Continued
Alternate provisions for initial cadre of check pilots, chief instructors,
assistant chief instructors, and TCEs *
(herein referred to as applicants)
Current flight time requirements
(§ 61.65(f))
Instrument Time on the Areas of Operation listed in § 61.65(c)
40 hours of actual or simulated instrument time in the areas of operation listed in § 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 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 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 control facility, that involves—
• A flight of 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.
An applicant may receive 15 hours of instrument training on the areas
of operation listed in § 61.65(c) from an instructor pilot (rather than
an authorized instructor) if the training is conducted in accordance
with the manufacturer’s training curriculum, and the applicant receives endorsement from instructor pilot certifying satisfactory completion of the curriculum.
See proposed § 194.229(b)(1).
An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor).
See proposed § 194.229(b)(2).
• Applicant may complete the cross-country flight with an instructor
pilot (rather than an authorized instructor).
• Instead of completing one cross-country flight of 250 nautical miles,
an applicant may complete two cross-country flights, each of which
must involve a flight of 100 nautical miles along airways or by directed routing from an ATC facility.1
See proposed §§ 194.229(b)(4) and 194.235(a).
* To use the alternate provisions below, the flights must be conducted in a type-certificated powered-lift at the manufacturer and the applicant
must be authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for
the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142, as appropriate. See proposed
§ 194.229(a).
1 The other requirements in § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each
cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems.
TABLE 7—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: PERSONS RECEIVING TRAINING UNDER A
PART 135, 141 OR 142 APPROVED TRAINING PROGRAM
Alternate provisions for persons receiving training under a part 135,
41 or 142 approved training program *
(herein referred to as applicants)
Current flight time requirements
(§ 61.65(f))
Cross-Country Time as PIC
50 hours of cross-country time as PIC, of which 10 hours must have
been in a powered-lift.
An applicant may credit up to 4 hours obtained in a 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 proposed § 194.231(c).
ddrumheller on DSK120RN23PROD with PROPOSALS2
Instrument Time on the Areas of Operation listed in § 61.65(c)
40 hours of actual or simulated instrument time in the areas of operation listed in § 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 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
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No alternative.
No alternative.
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TABLE 7—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: PERSONS RECEIVING TRAINING UNDER A
PART 135, 141 OR 142 APPROVED TRAINING PROGRAM—Continued
Current flight time requirements
(§ 61.65(f))
Alternate provisions for persons receiving training under a part 135,
41 or 142 approved training program *
(herein referred to as applicants)
(2) 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 control facility, that involves—
• A flight of 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.
Instead of completing one cross-country flight of 250 nautical miles, an
applicant may complete two cross-country flights, each of which
must involve a flight of 100 nautical miles along airways or by directed routing from an ATC facility.1
See proposed §§ 194.231(b) and 194.235(a).
ddrumheller on DSK120RN23PROD with PROPOSALS2
* 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 § 61.65(f)(2)(ii) would continue to apply for persons not utilizing the relief under proposed § 194.235(b). Thus, each
cross-country flight with the reduced 100-nautical mile distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of navigation systems.
6. Alternate Endorsement Requirements
for Certain Persons Seeking PoweredLift Ratings
Part 61 requires an applicant for a
certificate or rating to receive certain
endorsements from an authorized
instructor. For example, an applicant
must receive an endorsement from an
authorized instructor certifying that the
person has received training on the
areas of operation applicable to the
certificate or rating sought. An applicant
is also required to receive a solo flight
endorsement from an authorized
instructor pursuant to § 61.31(d)(2).
Additionally, to be eligible to take a
practical test for a certificate or rating,
an applicant must have an endorsement
from an authorized instructor certifying
that the applicant has received and
logged training time within 2 calendar
months preceding the month of the
practical test and is prepared to take the
required practical test.
Under § 61.51(h), a person may log
training time when that person receives
training from an authorized instructor in
an aircraft, full flight simulator, flight
training device, or aviation training
device. The training time must be
endorsed in a legible manner by the
authorized instructor and include a
description of the training given, the
length of the training lesson, and the
authorized instructor’s signature,
certificate number, and certificate
expiration date. Section 61.1(b) defines
‘‘authorized instructor,’’ in pertinent
part, as a person who holds a flight
instructor certificate issued under part
61 and is in compliance with § 61.197,
when conducting ground training or
flight training in accordance with the
privileges and limitations of his or her
flight instructor certificate. Section
61.195(b), which prescribes flight
instructor limitations, restricts a flight
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instructor from conducting training in
an aircraft unless the flight instructor
holds the appropriate ratings on their
flight instructor certificate.
As previously discussed, the SFAR
would permit test pilots and the initial
cadre of instructors who will provide
training under the approved training
program to receive training from an
instructor pilot at the manufacturer for
the purpose of adding powered-lift
ratings to a commercial pilot certificate
even though the instructor pilot does
not meet the current definition of
‘‘authorized instructor’’ in FAA
regulations. Because the initial cadre of
instructors would also add powered-lift
rating to their flight instructor
certificate, these persons would also be
required to receive the training and
endorsements required under subpart H
of part 61 from the instructor pilot. In
addition to the training and
endorsements for test pilots and the
initial cadre of instructors by instructor
pilots, the SFAR would permit the
instructor pilots to credit the training
they provide under the manufacturer’s
curriculum toward the training
requirements for the instructor pilots’
own powered-lift ratings.
An instructor pilot at a powered-lift
manufacturer may not hold a flight
instructor certificate with powered-lift
ratings when providing training under
the alternate requirements in part 194.
Thus, without relief in the SFAR,
certain instructor pilots would be
prohibited under part 61 from providing
logbook or training record endorsements
certifying that they have provided the
required training in accordance with the
manufacturer’s training curriculum and
the pilot is prepared for the practical
test. The FAA is, therefore, proposing in
§ 194.213 to permit instructor pilots to
provide the required logbook or training
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record endorsements contained in part
61 for a commercial pilot certificate
with a powered-lift category rating, an
instrument-powered-lift rating, a
powered-lift type rating, or a flight
instructor certificate with powered-lift
ratings. This privilege to provide
endorsements, however, extends only to
applicants who are (1) test pilots or
instructor pilots, or (2) persons
authorized by the Administrator to serve
as an initial check pilot, chief instructor,
assistant chief instructor, or TCE for the
purpose of initiating training in a
powered-lift under an approved training
program under part 135, 141, or 142.
With respect to applicants for a
practical test who are instructor pilots,
the FAA is proposing an alternate
experience requirement that would
require an instructor pilot to receive
training in preparation for the practical
test from another instructor pilot at the
manufacturer. Therefore, when an
instructor pilot provides an
endorsement to another instructor pilot,
that endorsement would certify that the
applicant is prepared for the practical
test. Consistent with the current
prohibition in § 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 selfendorsement. Therefore, the FAA is
proposing to require the instructor pilot
to receive an endorsement from a
management official within the
manufacturer’s organization certifying
that the instructor pilot has provided
the manufacturer’s training curriculum
to a test pilot in accordance with the
proposed alternate experience
requirements in the SFAR. To certify
that the instructor pilot has provided
the training, the management official
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F. Training in an Approved Program
Under Parts 135, 141, and 142
In section E of this preamble, the FAA
proposes alternate logging requirements
for a person to obtain a powered-lift
category rating and an instrumentpowered-lift rating on their commercial
certificate. To be eligible for the some of
the alternate requirements, the proposal
requires that a pilot must satisfactorily
complete the applicable curricula for
those ratings in an approved training
program under part 135, 141, or 142.
After completion of the approved
curricula, a person must satisfactorily
complete the applicable practical test to
obtain powered-lift ratings.172
As discussed in more detail later in
this section, part 141 pilot schools and
part 142 training centers are structured
to provide alternate methods to obtain
training and testing for part 61
certification. These parts contain
specific requirements governing
curriculum approval, facilities, and
personnel. The part 61 training and
certification activity at a part 141 pilot
school or a part 142 training center is
not limited to a particular certificate
level, meaning they are able to conduct
training and administer practical tests
that result in the issuance of a
commercial pilot certificate with
category and class ratings, instrument
ratings, and type ratings if they have
approved courses for the certificate and
ratings, the appropriate facilities, and
instructors who meet the qualification
requirements of the respective parts.
Further, existing provisions in parts 141
and 142 also permit certain employees
of the part 141 pilot school or part 142
training center to be designated to
conduct practical tests on behalf of the
FAA. This training and certification
activity at part 141 pilot schools and
part 142 training centers is appropriate
as these air agencies were established as
an alternate means to conduct part 61
training and testing.
By contrast, there is currently no
provision to allow a part 135 operator to
conduct training and testing for a
commercial pilot certificate or to add
category and class ratings or instrument
ratings to a commercial pilot certificate.
This limitation on training and testing
for part 61 certification is appropriate
because part 135 training and checking
requirements are not structured to
achieve airman certification but rather
are structured to qualify pilots to serve
in a particular aircraft in the operational
environment of part 135.173 Historically,
airplane and helicopter pilots would
have no need to receive commercial
pilot certification training at a part 135
operator because these pilots hold the
appropriate certificates and ratings
before employment at the operator,
since these certificates and ratings are
the minimum regulatory requirements
to serve as a pilot at a part 135 operator.
As such, these pilots would have
obtained these minimum certificates
and ratings through the traditional
building block approach to airman
certification discussed earlier.
While a part 135 operator may not
conduct part 61 training and testing, the
FAA has acknowledged in regulation
that certain training, testing, and
checking activity in part 135 may be
accepted in lieu of meeting part 61
requirements. For example, § 61.157(c)
permits an employee of a part 135
operator to forgo the part 61 training
and endorsements required under part
61 for an aircraft type rating to be added
to an ATP certificate or an aircraft type
rating to be obtained concurrently with
an ATP certificate provided the
applicant presents a training record that
shows completion of that certificate
holder’s approved training program for
the aircraft type rating. The part 135
operator is not obligated to change any
aspect of its part 135 training program
to align with the part 61 requirements.
Rather, part 61 accepts the part 135
training activity in lieu of meeting the
part 61 training requirement for a type
rating. In addition to accepting part 135
training for part 61 purposes, § 61.157(f)
allows the completion of part 135
competency and instrument proficiency
checks to meet the flight proficiency
requirements of a practical test but only
for the issuance of an ATP certificate
with appropriate aircraft ratings. To
result in certification, the checks must
be conducted by an FAA Aviation
Safety Inspector (ASI), an Aircrew
Program Designee (APD), or a TCE.
Even at the commercial pilot
certificate level, § 61.63(d)(6)(ii) allows
an employee of a part 135 operator to
credit training in the operator’s
approved training program toward
training and endorsements required by
part 61 to obtain a type rating on a
commercial pilot certificate. Unlike the
ATP certificate, however, § 61.63(d)(6)
172 As discussed later in this section, the FAA is
proposing to allow pilots to complete part 135
testing and checking activity in lieu of the practical
test for powered-lift ratings at the commercial pilot
certificate level.
173 Since 2014, part 135 operators have had the
option to obtain approval to provide the Airline
Transport Pilot Certification Training Program (ATP
CTP), which is a prerequisite for the ATP
knowledge test. 14 CFR 135.336.
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must hold a position within the
organization that enables the
management official to have knowledge
of the training content provided.
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does not allow the part 135 competency
and instrument proficiency checks to
count for the type rating practical test.
Rather, the applicant must complete the
practical test with a designated pilot
examiner (DPE) or ASI under part 61,
and the test must be consistent with the
applicable type rating testing
standard.174
The following sections discuss the
FAA’s proposals for training pilots for
powered-lift ratings under approved
programs at parts 135, 141, and 142 and
how a part 135 operator may opt to
conduct this training to ensure that its
pilots obtain the proper powered-lift
ratings on their commercial pilot
certificates to serve in part 135
powered-lift operations.
1. Part 135
As noted, part 135 training and
checking is designed to qualify a pilot
to serve in a particular aircraft in the
specific operation the part 135 operator
is authorized to conduct. For airplanes
and helicopters, a part 135 pilot
generally holds the minimum certificate
and ratings for the type of operations
being conducted by the operator when
they are hired. The minimum
certificates and ratings ensure the pilot
has the foundational aeronautical
knowledge and skills required of a pilot
serving in commercial operations, and
the part 135 training and checking,
which is specific to the aircraft and the
authorized operations, ensures that the
pilot is qualified for the operational
environment of part 135. The part 135
training and checking includes the
operational policies and procedures
specific to the operator, such as crew
resource management, flight planning
procedures, authorized approach
procedures, and operations in weather
conditions like icing conditions.
i. Airman Certification Training
Curricula
The FAA is proposing a temporary
provision in § 194.243(a)(1) to allow a
part 135 operator who obtains
authorization to conduct powered-lift
operations to seek approval to establish
and implement a training curriculum to
satisfy the following: (1) ground
training, flight training, and
aeronautical experience requirements in
§ 61.65 for the addition of an
instrument-powered-lift rating to a
commercial pilot certificate; 175 (2)
174 For example, for an airplane type rating, the
practical test must be consistent with the Airline
Transport and Type Rating for Airplane ACS or the
Airline Transport Pilot and Aircraft Type Rating
PTS for Helicopter.
175 Some part 135 operators will conduct only
VFR operations. As described in section V.J of this
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ground training, flight training, and
aeronautical experience requirements in
§ 61.63(b) for the addition of an aircraft
category rating to a commercial pilot
certificate; and (3) ground and flight
training requirements in § 61.63(d) to
add a type rating to a commercial pilot
certificate.
The FAA understands that, unlike
airplanes and helicopters, a part 135
operator conducting powered-lift
operations may not be able to hire pilots
who hold the necessary powered-lift
category ratings on their commercial
pilot certificates. Therefore, the FAA
proposes to allow a part 135 operator to
provide ground and flight training to
meet the requirements of §§ 61.125(b),
61.127(b)(5), and 61.129(e) for a
powered-lift category rating; 176
§ 61.65(b), (c), and (f) for an instrumentpowered-lift rating; and § 61.63(d) for an
aircraft type rating. A part 135 operator
would not be required to offer this part
61 training. Nevertheless, this proposal
allows part 135 operators the flexibility
to determine whether providing such
training is necessary to develop a
sufficient number of qualified pilots for
its operations. The FAA envisions that
the pilots would complete the
certification training before
transitioning to the operator’s part 135
training; however, the FAA would
approve one curriculum if it meets all
of the part 61 aeronautical experience
requirements and the part 135 training
requirements.
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 § 135.325.
The FAA has determined that additional
preamble, the FAA is proposing that powered-lift
pilots conducting VFR operations must nevertheless
hold an instrument-powered-lift rating similar to
the instrument-airplane rating that is required for
pilots conducting part 135 VFR airplane operations.
Because powered-lift pilots will be required to hold
an instrument rating even when performing under
VFR, the FAA is proposing to allow part 135
operators to provide training for instrument ratings
under an approved airman certification curriculum.
176 Other than the relief proposed in the SFAR,
there is no regulatory relief to obtaining an
additional category rating on an existing pilot
certificate. Section 61.63(b) requires a person
applying for a new category rating to complete all
of the training and have the applicable aeronautical
experience for the certificate and ratings. As such,
§ 61.63(b) requires an applicant to meet the
requirements in §§ 61.125, 61.127, and 61.129 to
add a powered-lift category rating to an existing
commercial pilot certificate. By contrast, a person
adding a class rating must only obtain a logbook or
training record endorsement from an authorized
instructor attesting that the person was found
competent in the appropriate aeronautical
knowledge areas and proficient in the appropriate
areas of operation, without meeting the applicable
aeronautical experience requirements for the class
rating.
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and updated inspector guidance will be
needed for Flight Standards Offices to
ensure consistency with all powered-lift
operators’ certification curricula.
ii. Curriculum Content
As previously discussed, an applicant
for powered-lift ratings at the
commercial pilot level would be
required to meet the part 61
requirements or the alternate
requirements proposed in new part 194.
These requirements involve
foundational ground and flight training
and aeronautical experience that
normally would not be included in a
part 135 training curriculum. For
example, a part 135 operator would not
require its pilots to obtain solo flight
time or cross-country flight time as is
required for powered-lift commercial
pilot certification. Moreover, the
operator’s training curriculum may not
involve certain tasks and maneuvers in
the ACS for a category rating or
instrument rating. For example, the
Commercial Pilot—Airplane ACS
requires pilots to complete chandelles
and lazy eights to add an airplane
category with a single-engine land or
single-engine sea class rating to a
commercial pilot certificate. The
purpose of testing these performance
maneuvers is to conduct a basic
evaluation of a pilot’s proficiency in
flight control application, maneuver
planning, situational awareness, and
division of attention.177 However, these
performance maneuvers serve no
operational purpose in part 135
operations and would not be conducted
during routine part 135 operations.
Therefore, a part 135 operator would not
generally include these maneuvers in
their part 135 training curriculum.
Nevertheless, under proposed
§ 194.243(a), an operator would be able
to seek approval to offer this type of
training in conjunction with its part 135
operator training to qualify its pilots for
part 135 operations. The airman
certification curriculum would be
required to satisfy the aeronautical
experience requirements (including the
20 hours of training) in § 61.129(e) (as
required by § 61.63(b)) or the applicable
alternate requirements set forth by
proposed part 194, the requirements for
an instrument rating in § 61.65(f) or the
applicable alternate requirements set
forth by proposed part 194, and the
requirements for adding a type rating in
§ 61.63(d).178 As discussed later in this
177 Airplane Flying Handbook (FAA–H–8083–3),
Chapter 10.
178 Operators that need to provide type ratings to
powered-lift pilots who already hold powered-lift
category ratings and instrument-powered-lift ratings
would follow existing regulations in the same
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section, the FAA is proposing that the
operator may use the competency check
and instrument proficiency check
required by part 135 to satisfy the
practical test requirements with some
modifications.
In addition, the FAA notes that, under
the special rules in § 135.324, a
certificate holder may contract with, or
otherwise arrange to use the services of,
a training center certificated under part
142 to conduct training, testing, and
checking required by part 135 provided
the part 142 training center meets the
requirements in § 135.324(b).179 This
rule would extend to the part 135
operator’s approved certification
curricula under the SFAR. As such, an
operator could partner with a part 142
training center, which would deliver the
part 135 operator’s approved
certification curriculum. Likewise, the
operator could simply send its pilots to
a part 141 pilot school or part 142
training center to obtain the necessary
powered-lift ratings before returning to
the part 135 operator to complete the
required part 135 training and checking.
iii. Pilot Eligibility
The FAA is also proposing eligibility
standards for the pilots who may be
trained under a part 135 airman
certification training curriculum, which
would be set forth by proposed
§ 194.243(a)(3). As proposed, a
certificate holder may train a pilot for
powered-lift ratings only if the pilot is
employed by the part 119 certificate
holder. This limitation is consistent
with other part 61 provisions that
recognize training activity by part 135
operators and with the rationale for
expanding part 135 training, namely, to
grant flexibility to operators trying to
qualify sufficient pilots for their
operations. The pilots would also be
required to meet the certificate and
rating requirements of proposed
§ 194.215(a), which would require at
least a commercial pilot certificate with
either an airplane category rating with
single or multiengine class rating and an
instrument-airplane rating, or a
rotorcraft category rating with a
helicopter class rating and an
instrument-helicopter rating. This
proposal is consistent with the alternate
experience requirements in proposed
part 194, and the FAA proposes to
impose it on the part 135 operator for
manner as operators using airplanes and rotorcraft
that require the pilot to hold a type rating.
179 Section 135.324 also allows a part 135
operator to use another part 135 operator to provide
its training program under contract or other
arrangement. That flexibility would also be
available to operators for the proposed certification
curriculum.
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the same reasons identified in the
discussion of that proposal.
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iv. Part 135 Instructors
Currently, the instructors in part 135
are not required to hold a part 61 flight
instructor certificate. Rather, a part 135
instructor must meet only the specific
part 135 instructor qualification and
training requirements in §§ 135.338 and
135.340, respectively. Among these
requirements, the instructor must be PIC
qualified for the aircraft and the
operation,180 satisfactorily complete the
approved part 135 instructor ground
and flight training, and may undergo
continued observation by their POI, if
necessary, or the operator’s check pilots
to ensure the quality and effectiveness
of the instruction after initial instructor
acceptance. Part 135 instructors focus
on training pilots in a particular aircraft
in the specific operation rather than on
basic airman certification requirements.
This training includes the operator’s
specific policies and procedures
detailed in its manuals, such as crew
resource management, flight planning
procedures, authorized approach
procedures, and operations in weather
conditions like icing conditions.
By contrast, to provide flight training
to another person to meet the
requirements for a certificate, rating, or
privilege, part 61 generally requires a
person to hold a flight instructor
certificate issued under that part with
the appropriate ratings on that
certificate. Specifically, pursuant to
§ 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 crosscountry flight and to give certain
endorsements. These endorsements
include endorsing an applicant for a
pilot certificate and ratings, flight
instructor certificate and ratings, and
ground instructor certificate and ratings
issued under part 61, endorsing a pilot
logbook to show training given, or
endorsing a logbook for solo operating
privileges.181
There are certain instances, however,
when a flight instructor certificate
issued under part 61 is unnecessary. For
example, under § 61.3(d)(3)(ii), a flight
180 This includes holding the airman certificates
and ratings required to serve as a PIC in the
certificate holder’s operations, satisfactorily
completing the training phases for the aircraft,
including recurrent training, that are required to
serve as a PIC in the certificate holder’s part 135
operations, satisfactorily completing the instrument
proficiency and competency checks that are
required to serve as a PIC in the certificate holder’s
part 135 operations, and if instructing in an aircraft
inflight, meeting the PIC recency of experience
requirements.
181 14 CFR 61.3(d)(2)(ii) through (iv).
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instructor certificate is not necessary to
provide the training and endorsements
if the training is given by the holder of
an ATP certificate with a rating
appropriate to the aircraft in which the
training is given, provided the training
is given in accordance with the
privileges of the ATP certificate 182 and
conducted in accordance with an
approved air carrier training program
under part 121 or 135. The FAA notes
that this exception from holding a flight
instructor certificate is narrow. It does
not permit the holder of an ATP
certificate to offer flight training for
meeting part 61 requirements outside of
a part 121 or 135 training program.
Rather, the ATP must be independently
qualified under the instructor
requirements in part 121 or 135 and
may, in the course of providing the part
135 or 121 training, give endorsements
for part 61 purposes if the part 121 or
135 training aligns with a particular
requirement in part 61. For example, an
operator’s training program may include
flight training in a pressurized aircraft
capable of operating at high altitudes. In
such instances, a part 135 instructor
who also holds an ATP certificate
would be able to provide the
endorsement required by § 61.31(g).
In addition, although a part 135
operator does not conduct part 61
training, the FAA has acknowledged
that certain training, testing, and
checking activity in part 135 may be
accepted in lieu of meeting part 61
requirements. For example, as
discussed, a part 135 commercial pilot
may forego the specific training required
under part 61 for a type rating training
if the pilot receives a flight training
record endorsement from a part 135
certificate holder attesting that the
person completed the certificate
holder’s approved ground and flight
training program for the aircraft type.183
When a commercial pilot receives
training at a part 135 operator in an
aircraft that requires a type rating, the
pilot already holds the appropriate
category and class ratings on at least
their commercial pilot certificate.
Therefore, while the holder of an ATP
certificate with the appropriate ratings
may instruct other pilots in air
transportation service, they are
currently limited to instructing other
pilots who have already passed the
commercial pilot practical test in the
category and class of aircraft for which
182 Under § 61.167(a)(2)(i), an ATP may instruct
other pilots in air transportation service in aircraft
of the category, class, and type, as applicable, for
which the ATP is rated and endorse the logbook or
other training record of the person to whom training
has been given.
183 14 CFR 61.63(d)(6).
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the type rating is sought. As a result,
these pilots will have already satisfied
the aeronautical experience
requirements for at least a commercial
pilot certificate in the appropriate
category and class of aircraft (e.g., at
least 50 hours of PIC time in the
category or class of aircraft for which
the type rating is sought).184
Additionally, these pilots will have
already demonstrated proficiency and
competency within the approved
standards for a commercial pilot
certificate in the appropriate category
and class of aircraft.185
Currently, approved training
programs under part 135 do not include
training and testing required to add
category and instrument ratings to a
commercial pilot certificate nor does
part 61 accept part 135 training and
checking activity in lieu of part 61
requirements for a commercial pilot
certificate. Therefore, the exception in
§ 61.3(d)(3)(ii) does not enable the
holder of an ATP certificate to provide
training for part 61 certification (other
than the existing allowances for type
ratings or an ATP certificate).186
Furthermore, the instruction privileges
afforded to an ATP certificate holder are
limited to those privileges specified in
§ 61.167(a).187 To provide flight training
and issue endorsements for a
commercial pilot certificate or an
instrument rating, a person is currently
required to hold a flight instructor
certificate issued under part 61.188
The FAA’s proposal to allow part 135
operators to implement a training
curriculum that satisfies the training
and aeronautical experience
requirements for a commercial pilot
certificate with a powered-lift category
rating and an instrument-powered-lift
rating would expand the narrow
exception in § 61.3(d)(3)(ii).
Specifically, it would enable part 135
instructors who hold ATP certificates
with powered-lift ratings to provide
training in a powered-lift to pilots
184 Pursuant to § 61.129(a) and (b), an applicant
for a commercial pilot certificate with an airplane
rating must have at least 50 hours of PIC time in
the airplane category. Similarly, pursuant to
§ 61.129(c), an applicant for a commercial pilot
certificate with a helicopter rating must have at
least 50 hours of PIC time in a helicopter.
185 14 CFR 61.43(a)
186 14 CFR 61.63(d)(6), 61.157(c).
187 Section 61.167(a)(2)(i) states, in pertinent part,
that the holder of an ATP certificate may instruct
other pilots in air transportation service in aircraft
of the category, class, and type, as applicable, for
which the ATP is rated. Section 61.167(a)(2)(iii)
states that ATP certificate holders may only instruct
as provided in § 61.167, except that an ATP who
also holds a flight instructor certificate can exercise
the instructor privileges under subpart H of part 61
in an aircraft for which he or she is rated.
188 14 CFR 61.193(a)
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seeking to add a powered-lift category
rating and an instrument-powered-lift
rating to their commercial pilot
certificate through the part 135’s airman
certification curriculum. This ATP
certificate requirement would initially
present an obstacle for powered-lift
because there would be a limited
number of persons who would be able
to meet the aeronautical experience
requirements for an ATP certificate with
a powered-lift category rating. However,
even with enough ATP certificate
holders with the appropriate poweredlift ratings, the FAA has determined that
a person must hold a flight instructor
certificate issued under part 61 with the
appropriate ratings to provide training
for the purpose of adding a powered-lift
category rating or an instrument rating
to a commercial pilot certificate. This
determination is based on (1) the lack of
powered-lift experience held by pilots
completing the part 135 training
program, and (2) the curriculum content
required for the issuance of a
commercial pilot certificate with a
powered-lift category rating and an
instrument-powered-lift rating.
Unlike the current part 135 training
environment, most powered-lift pilots
would come to the part 135 operator
with no experience operating a
powered-lift. As a result, these pilots
would receive their initial training in a
powered-lift at the part 135 operator,
which presents a unique challenge with
respect to instructor qualifications
considering the airman certification
curriculum content that the part 135
instructor would be responsible for
delivering.
As previously discussed, the
curriculum content required to add a
powered-lift category rating and an
instrument-powered-lift rating to a
commercial pilot certificate must
include foundational ground and flight
training and aeronautical experience
that would normally not be included in
a part 135 training curriculum. For the
issuance of a powered-lift category
rating on a commercial pilot certificate,
the training must cover the knowledge
areas specified in § 61.125(b) and the
areas of operation contained in
§ 61.127(b)(5). For the issuance of an
instrument-powered-lift rating, the
training must cover the knowledge areas
specified in § 61.65(b) and the areas of
operation contained in § 61.65(c). For
example, an applicant for a commercial
pilot certificate with a powered-lift
category rating must be trained and
tested on cross-country flight planning,
navigation (e.g., pilotage, dead
reckoning, lost procedures, and
diversion), slow flight, accelerated
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stalls, rapid deceleration and quick stop,
and dynamic rollover.189
The holder of a flight instructor
certificate with a powered-lift category
rating, however, would be qualified to
provide training on these tasks and
maneuvers because each of these tasks
and maneuvers are included on the
powered-lift flight instructor practical
test.190 Thus, a person seeking a flight
instructor certificate with a powered-lift
category rating would be trained and
tested on their understanding of these
tasks and maneuvers, their application
of that knowledge to manage associated
risks, and their ability to demonstrate
the appropriate skills and provide
effective instruction for each of these
tasks and maneuvers. However, these
tasks and maneuvers would normally
not be included in a part 135 approved
training program for a powered-lift type
rating. Additionally, unlike the person
who holds the flight instructor
certificate with a powered-lift category
rating, the holder of an ATP certificate
with a powered-lift type rating would
not have been trained or tested on their
ability to provide effective instruction
on these tasks and maneuvers.
Upon evaluating the curriculum
content, the FAA has determined that
any risk to safety that would result from
permitting pilots to receive foundational
certification training at a part 135
operator would be minimized by
requiring the instructor to hold a flight
instructor certificate with appropriate
powered-lift ratings, as proposed in
§ 194.243(a)(2). By requiring a person to
hold a flight instructor certificate with
the appropriate powered-lift ratings, the
FAA would ensure that the person
providing training on the required
knowledge areas and areas of operation
can provide effective instruction on the
foundational tasks and maneuvers,
demonstrate the skills required to
perform those tasks and maneuvers
within the approved standards, and
analyze and correct common errors that
occur during training of those tasks and
maneuvers.191
The FAA recognizes that part 135
operators would be permitted to provide
training for pilots to add powered-lift
category and instrument ratings only for
the duration of the SFAR. The FAA is
therefore proposing a temporary
provision in § 194.203(b) to ensure that
the narrow exception in § 61.3(d)(3)(ii)
is not expanded in light of the FAA’s
proposal, which would significantly
broaden the type of part 61 training that
may be provided under an approved
training program under part 135.
Additionally, to ensure the ATP
privileges contained in § 61.167(a) are
not expanded as a result of the SFAR,
the FAA is proposing a temporary
limitation in § 194.205 that would
prohibit a person who holds an ATP
certificate with powered-lift ratings
from instructing other pilots in
accordance with an approved training
program under part 135 for the purpose
of obtaining a commercial pilot
certificate with a powered-lift category
rating or an instrument-powered-lift
rating. Together, these two provisions
would ensure that a part 135 instructor
holds a flight instructor certificate with
the appropriate powered-lift ratings
when providing the foundational part
61 certification training in a poweredlift.
As previously discussed, the only
entities that would be permitted to offer
an approved training program for
powered-lift ratings would be a part 135
operator, a part 141 pilot school, or a
part 142 training center. To provide
instruction under part 141 or 142, the
person must hold a flight instructor
certificate issued under part 61. The
FAA recognizes that part 135 instructors
are not required to hold a flight
instructor certificate when providing
instruction in the footprint of an
approved part 135 training program that
exists today. However, because the
SFAR would permit part 135 operators
to provide the same part 61 certification
training as the part 141 pilot schools
and the part 142 training centers, the
FAA finds that the part 135 operators
are similarly situated to the pilot
schools and training centers in this
instance. The FAA’s proposal to require
part 135 instructors to hold a flight
instructor certificate with the
appropriate powered-lift ratings would
ensure that instructors seeking to
provide training in accordance with the
approved airman certification training
program permitted under the SFAR are
held to the same qualification standards.
The proposed rule language has been
carefully scoped to ensure that the
current part 135 training environment is
not altered by the FAA’s proposal.192
Once an initial cadre of powered-lift
pilots is certificated, the FAA
anticipates that a number of poweredlift pilots will obtain flight instructor
certificates with powered-lift ratings,
189 Commercial Pilot for Powered-Lift Category
ACS (Draft), Docket No. FAA–2022–1463.
190 Flight Instructor for Powered-Lift Category
ACS (Draft), Docket No. FAA–2022–1463.
191 Flight Instructor for Powered-Lift Category
ACS (Draft), Docket No. FAA–2022–1463.
192 The FAA notes that a part 135 instructor who
holds an ATP certificate with powered-lift ratings
may utilize the allowance in § 61.3(d)(3)(ii) to the
same extent as currently exercised by part 135
instructors who hold ATP certificates with other
category ratings.
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which would enable training in
powered-lift under part 61. This would
result in pilots obtaining the appropriate
powered-lift ratings on their commercial
pilot certificates prior to part 135
employment consistent with the
certification pathway followed by
airplane and helicopter pilots.
The FAA understands that permitting
a part 135 operator to elect to provide
part 61 training for basic certification is
a novel approach that may conflict with
the historical precedent for part 135
training, which focuses on training a
pilot to serve in a particular operational
environment. Nevertheless, the
introduction of powered-lift as a new
category presents unique challenges for
airman certification. The FAA
encourages comment from part 135
operators on whether they would
provide an approved airman
certification training program that
results in commercial pilot certification
in a powered-lift and the obstacles that
may prevent part 135 operators from
utilizing the proposed alternate pathway
set forth in the SFAR.
v. Checking and Testing
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Part 135 initial training culminates in
evaluations of the pilot’s proficiency
through the completion of a competency
check under § 135.293(b) and, if
conducting operations under IFR, a PIC
instrument proficiency check under
§ 135.297. The FAA is proposing in
§ 194.243(b)(1) that, at the completion of
the certification curriculum and the part
135 operator training, a pilot may apply
to add a powered-lift category rating
concurrently with an instrumentpowered-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
§ 135.293(a)(2) and (3), a competency
check under proposed § 135.293(b), and
an instrument proficiency check under
proposed § 135.297 provided certain
conditions are met.193
First, the competency check would be
required to include the maneuvers and
procedures required for the issuance of
a commercial pilot certificate with a
powered-lift category rating and a
193 As noted earlier, PICs serving in VFR only
operations under part 135 would not be required to
complete an instrument proficiency check under
§ 135.297. SICs serving in VFR or IFR part 135
operations also are not required to complete an
instrument proficiency check under § 135.297.
Nevertheless, an operator may opt to provide a
§ 135.297 instrument proficiency check to its pilots
to issue an instrument-powered-lift rating to meet
the requirements of proposed § 135.243(b) and
existing § 135.245(a).
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powered-lift type rating.194 Since a pilot
completing the part 135 competency
check under this proposal would not
have previously demonstrated
competence for the powered-lift
category, it is crucial that the pilot
complete all maneuvers and procedures
required for the issuance of the
powered-lift category rating and
powered-lift type rating at the
commercial pilot level.
Second, the instrument proficiency
check would be required to meet the
requirements of § 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-poweredlift rating.195 As described in
§§ 135.293(e) and 135.297(c), competent
performance of each maneuver and
procedure on the competency check and
instrument proficiency check requires
that the pilot be the obvious master of
the aircraft, with the successful outcome
of the maneuver never in doubt. Finally,
as proposed in § 194.243(c), the testing,
competency check, and instrument
proficiency check would be
administered by an ASI, APD who is
authorized to perform competency
checks and instrument proficiency
checks for the certificate holder, or a
TCE with appropriate certification
authority who is also authorized to
perform competency checks and
instrument proficiency checks for the
certificate holder.
Furthermore, the FAA proposes to
exclude the use of certain part 135
regulations that apply to the
competency check and instrument
proficiency checks previously discussed
in proposed § 194.243(b)(1)(iii).
Specifically, under proposed
§ 194.243(b)(2), the allowance in
§ 135.301(b) would not be applicable to
the competency check and instrument
proficiency check. Section 135.301(b)
allows that, if a pilot fails a maneuver
on a check, the person giving the check
may provide the pilot with additional
training during the check and then the
pilot must repeat the failed maneuver.
194 See 14 CFR 61.127(b)(5) and 61.157(e)(3) and
the applicable ACS.
195 The FAA notes that since the instrument
proficiency check is being used to meet the
practical test requirements for an instrumentpowered-lift rating, the check must include all
approaches required by the Instrument Rating—
Powered-Lift ACS, even if the pilot will not be
authorized to conduct one or more of those
approaches during part 135 operations. For
example, an operator may not be authorized to
conduct circling approaches during part 135
operations. However, a pilot completing an
instrument proficiency check for the purposes of
adding an instrument-powered-lift rating, must still
satisfactorily complete a circling approach during
the check.
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Because the competency check and
instrument proficiency check are
meeting the flight proficiency portion of
the practical test and the pilot is
demonstrating competence in the
powered-lift category for the first time,
the FAA asserts that it is essential that
the pilot be held to the same standard
as required by § 61.43(c) for other pilots
completing a powered-lift practical test.
Section 61.43(c) specifies that, if a pilot
fails any area of operation, that pilot
fails the practical test. As such, the FAA
proposes that, if a pilot fails a maneuver
on the competency check or instrument
proficiency check, the person giving the
check would not be permitted to
provide the pilot with additional
training during the check, and the pilot
would fail the practical test. Lastly, the
FAA proposes that the allowance in
§ 135.293(d) is not applicable to the
competency check for the powered-lift
category rating. Section 135.293(d)
allows the substitution of a § 135.297
instrument proficiency check for a
competency check. The FAA has
determined that the substitution
allowance is not appropriate since the
proposal requires both the competency
check and instrument proficiency check
to be completed for the reasons
previously explained.
2. Part 141 Pilot Schools
As noted, part 141 pilot schools
provide an alternate, structured way to
obtain part 61 certificates and ratings.
The holder of a pilot school certificate
must have approved training courses
and sufficient personnel and facilities
for the training offered. Under
§ 141.33(a)(3), a person conducting
flight training at a part 141 pilot school
must hold a part 61 flight instructor
certificate with ratings for the approved
course of training and any aircraft used
in that course.196 The FAA is not
proposing any relief from this
requirement.197 As such, an instructor at
196 Part 141 also contains requirements for other
personnel including chief instructors, assistant
chief instructors, and check instructors. Sections
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii)
require that the person hold a commercial pilot
certificate or ATP certificate and a current flight
instructor certificate in addition to other
requirements.
197 As discussed in section V.E. of this preamble,
the FAA is proposing an alternate pathway for
persons who are selected and authorized to serve
as the initial chief instructors and assistant chief
instructors at part 141 pilot schools for the purpose
of initiating training in a powered-lift. These
persons would be permitted to receive the required
training from the powered-lift manufacturers to
obtain the powered-lift ratings that are necessary to
develop sufficient instructors at part 141 pilot
schools. The FAA anticipates that these chief
instructors and assistant chief instructors will
conduct the initial powered-lift training for other
instructor personnel at the part 141 pilot school.
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a part 141 pilot school will be required
to hold a powered-lift category rating
and an instrument-powered-lift rating
on their commercial pilot certificate and
a flight instructor certificate with a
powered-lift rating or instrumentpowered-lift rating.198 The instructor
will also be required to hold a type
rating on their pilot certificate that
corresponds to the aircraft in which the
training will be provided.
Initially, part 141 pilot schools would
likely have to obtain the necessary
training for powered-lift ratings from the
manufacturers through the alternate
pathways discussed in section V.E of
the preamble. As civil powered-lift
operations expand, more pilots will
begin to hold the powered-lift ratings on
their commercial pilot certificates and
flight instructor certificates. Part 141
pilot schools may also begin to draw
their initial instructors from the pool of
military instructors 199 or develop
agreements with powered-lift
manufacturers who are looking to
promote and expand the use of their
aircraft. The FAA notes also that other
manufacturers have obtained part 142
training center certificates and, in some
instances, part 141 pilot school
certificates, to facilitate initial training
and certification in their aircraft. The
FAA anticipates that the proposed relief
provided to the persons who serve as
test pilots and instructor pilots for
powered-lift manufacturers would
enable the manufacturers to support
training and qualification of other
training providers’ personnel. Pilot
schools will be able to deliver courses
of training in accordance with this
SFAR that include the alternate
experience requirements pending
appropriate approvals by the FAA.
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3. Part 142
The FAA enabled the expanded use of
FFSs and FTDs in 1996 through the
creation of part 142,200 warranted by the
enormous advancement in flight
simulation technology. At that time, the
FAA recognized that the increased
complexity and operating costs of the
198 Under § 61.183, a person must hold either a
commercial pilot certificate or ATP certificate with
(1) aircraft ratings appropriate to the flight
instructor rating sought, and (2) an instrument
rating, or privileges on that person’s pilot certificate
that are appropriate to the flight instructor rating
sought.
199 As discussed, military instructors who have
obtained flight instructor certificates with poweredlift ratings through military competency will be
required to obtain powered-lift type ratings on their
pilot certificates or conduct flight training in a
particular type of powered-lift. See 14 CFR
61.195(d).
200 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers, 61
FR 34508 (Jul. 2, 1996).
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modern turbine-powered aircraft and
the current operational environment
resulted in an increasing need for the
use of FSTDs. The FAA reasoned that
FSTDs could provide more in-depth
training than can be accomplished in
aircraft, while correspondingly reducing
air-traffic congestion, noise and air
pollution, and training costs.201
As noted, a part 142 training center
provides an alternate means to
accomplish part 61 training and
certification.202 Part 142 contains its
own requirements for flight instructor
eligibility in § 142.47. Section
142.47(a)(3) requires an instructor who
is instructing in an aircraft in flight to
be qualified under the flight instructor
requirements in subpart H of part 61. To
the extent that a part 142 training center
will obtain approval for a curriculum
that includes a portion of flight training
in a powered-lift in flight, the training
center will be required, like the part 141
pilot school, to identify instructors who
hold the appropriate powered-lift
ratings on their pilot and flight
instructor certificates. As with part 141
pilot schools, the FAA anticipates that
the training center would establish its
initial cadre of flight instructors using
the alternate requirements for TCEs as
discussed in section V.E of this
preamble. Once these TCEs obtain the
necessary training for powered-lift
certification from a manufacturer’s
instructor pilots, the part 142 training
center would establish powered-lift
training curricula and utilize the TCEs
to provide that training to other
instructor personnel at the training
center.
For flight training conducted in an
FSTD, a part 142 instructor is not
required to hold a part 61 flight
instructor certificate. Rather, if
instructing in an FSTD, § 142.47(a)(5)
requires that an instructor satisfy one of
three alternatives to provide instruction:
(1) meet the commercial aeronautical
experience requirements of § 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
§§ 61.159, 61.161, or 61.163 if
instructing in an FSTD that represents
an ‘‘airplane requiring a type rating’’ or
instructing in a curriculum leading to
the issuance of an ATP certificate or
added rating to an ATP certificate in any
category of aircraft; 203 or (3) be
201 Id.
202 14
CFR 142.1(a).
142.47(a)(5)(ii) requires an instructor
to meet the aeronautical experience requirements
for an ATP certificate if providing instruction in
203 Section
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38995
employed as an FSTD instructor for a
training center providing instruction
and testing to meet the requirements of
part 61 on August 1, 1996. As such,
these part 142 instructors do not need
to hold the pilot certificates and ratings
but rather must only meet the
aeronautical experience requirements
for those certificates and ratings.
In developing this proposed rule, the
FAA identified a discrepancy between
the manner in which the regulation
addresses instructor requirements for
training in an FSTD representing an
airplane requiring a type rating and
training in an FSTD representing a
rotorcraft or powered-lift requiring a
type rating. Under § 142.47(a)(5)(ii), all
part 142 instructors who provide
training in a curriculum that results in
an ATP certificate or an added rating
(including an added type rating) to an
ATP certificate must meet the
aeronautical experience requirements
for the ATP certificate appropriate to the
rating sought. However, under the
current regulatory framework of
§ 142.47(a)(5)(ii), an instructor is not
required to meet the ATP aeronautical
experience requirements when
providing training for a type rating in an
FSTD that represents a powered-lift or
rotorcraft if the type rating is being
added at a certificate level other than
the ATP certificate. The requirement in
§ 142.47(a)(5)(ii) to meet the ATP
experience requirements when
providing training to add a type rating
to a certificate other than an ATP
certificate is only applicable to FSTDs
that represent airplanes requiring a type
rating. Powered-lift and rotorcraft
instructors in this context are required
to meet only the aeronautical experience
requirements for a commercial pilot in
§ 61.129 204 as applicable to the type
rating for which the training is
provided.205
The FAA proposes to permanently
amend the language in § 142.47(a)(5)(ii)
to replace the word ‘‘airplane’’ with
‘‘aircraft,’’ thereby encompassing, first,
powered-lift, which would all require a
type rating pursuant to this proposal,206
and, second, any rotorcraft that requires
a type rating. The FAA’s proposal
would align FSTD instructor experience
requirements for powered-lift and
rotorcraft requiring a type rating with
three distinct scenarios: (1) in an FSTD that
represents an ‘‘airplane’’ requiring a type rating at
any certificate level; (2) in a curriculum leading to
the issuance of an ATP certificate (for any category/
class/type rating); or (3) in a curriculum adding a
rating to an ATP certificate (for any category/class/
type rating).
204 14 CFR 142.47(a)(5)(i).
205 Id.
206 See section V.A of this preamble.
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those currently imposed for training in
FSTDs representing airplanes that
require a type rating. This proposed
amendment is consistent with the
advancements in complexity of
rotorcraft and the operational
dissimilarities between powered-lift
expected to enter the market, which is
subsequently discussed.
For airplanes requiring a type rating,
the FAA found that it was appropriate
for a part 142 FSTD instructor to meet
the aeronautical experience
requirements for an ATP certificate to
provide flight training in an FSTD
representing these airplanes. By doing
so, the FAA requires a person who will
instruct wholly in an FSTD to have
significant and relevant operational time
in the NAS. Under the ATP aeronautical
experience requirements in § 61.159, a
person will have accomplished at least
1,500 hours of flight time, including 250
hours of PIC time or SIC time
performing the duties of PIC under
supervision in actual operations in the
NAS. This flight time far exceeds the
aeronautical experience required for a
commercial pilot certificate and means
that the instructor has extensive
experience interacting with air traffic
control, operating in an airport
environment, navigating the operational
challenges of flying the aircraft in
weather, utilizing crew resource
management, and resolving
maintenance discrepancies, all while
complying with FAA regulations,
procedures, manuals, and
authorizations.
In reviewing the part 142 instructor
requirements for this rulemaking, the
FAA has determined that the instructor
experience requirements for type-rated
airplanes codified in § 142.47(a)(5)(ii)
are similarly applicable to powered-lift
and rotorcraft. The aeronautical
experience requirements for an ATP
certificate in a powered-lift or rotorcraft
far exceed the experience required for a
commercial pilot certificate in those
same categories of aircraft and ensure
that part 142 instructors who instruct
solely in an FSTD for a type rating have
extensive operational experience.
This proposed amendment is further
supported by the 1992 NPRM that
proposed the creation of part 142. In
§ 142.51(b) and (d), the FAA proposed
that an instructor must meet the
aeronautical experience requirements
for an ATP certificate with an airplane
or rotorcraft category, respectively, if
providing training in an FSTD
representing an airplane or rotorcraft
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requiring a type rating.207 The 1996
final rule preamble explained that the
FAA simplified and consolidated
instructor eligibility requirements into
§ 142.47 and therefore § 142.51 was no
longer needed. The final rule preamble
did not indicate the FAA intended to
eliminate the requirement for rotorcraft
instructors proposed in § 142.51(d).208
However, when the FAA consolidated
the instructor eligibility requirements
into § 142.47(a)(5)(ii), the regulation
specified ‘‘airplane’’ instead of
‘‘aircraft’’ and, thus, rotorcraft
instructors were excluded from the
eligibility requirements.
Furthermore, the final rule preamble
explained that since publication of the
NPRM,209 the FAA granted exemptions
to allow individuals to qualify as
simulator-only instructors in certain
helicopter FSTDs without holding a
flight instructor certificate if certain
alternative requirements were
satisfied.210 The exemptions allowed
individuals instructing in an FSTD that
represented a helicopter requiring a type
rating or instructing in a course of
training leading to the issuance of an
ATP certificate or an added rating to an
ATP certificate, to hold an ATP
certificate with a helicopter category,
class, and type rating (on the type of
helicopter the simulator represented).211
The FAA determined that, in light of the
exemptions, it was appropriate to codify
such alternate qualifications in the 1996
final rule to facilitate training center
employment of persons who are former
military pilots, former or current airline
pilots, and other persons who may not
hold an instructor certificate.212 As a
result, the FAA determined that
instructors providing instruction in an
FSTD that represented a rotorcraft that
required a type rating needed to
likewise satisfy the ATP rotorcraft
requirements. However, while the
exemptions that the FAA considered
were to facilitate instruction in
helicopter simulators, the regulation
specified ‘‘airplane’’ instead of
‘‘aircraft’’ in § 142.47(a)(5)(ii).
In surveying FAA inspectors with
oversight of part 142 training centers,
the FAA expects that very few rotorcraft
207 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers, 57
FR 35905, 35932 (Aug. 11, 1992).
208 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers,
Final Rule, 61 FR 34532 (Jul. 2, 1996).
209 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers,
Final Rule, 61 FR 34508 (Jul. 2, 1996).
210 Exemption Nos. 5317D and 5324A.
211 Id.
212 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers,
Final Rule, 61 FR 34508, 34540 (Jul. 2, 1996).
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instructors do not meet the FAA’s
proposed enhanced requirements in
§ 142.47(a)(5)(ii).213 Notably, since the
1996 rule was published, very few
training centers have integrated a typerated rotorcraft curriculum. These
training centers often also have an ATP
curriculum for the type-rated rotorcraft.
Often, the training center uses the same
instructors in the ATP and non-ATP
curriculum for the type-rated rotorcraft.
As a result, these instructors may
already meet the ATP experience
requirements or hold an ATP certificate.
The FAA proffers that this permanent
amendment would merely align
industry practice with the regulatory
framework and eliminate any possible
confusion on the appropriate
application of this section.
The FAA maintains that this
amendment is consistent with the
technological advancements in
rotorcraft over the last two decades
since promulgation of the 1996 final
rule. For example, since the final rule’s
publication, rotorcraft have entered the
market with ten or more seats. These
larger aircraft, carrying significantly
more passengers than was contemplated
in the 1996 final rule, include complex
operational characteristics necessitating
a correspondingly higher experience
threshold for instruction. Not only have
technology and engineering
advancements aided in the development
of increasingly complex helicopters, but
industry has also recognized a
substantial increase in helicopter
operations. These developments have
subsequently required the development
and implementation of helicopter
simulators for use in part 142 training
centers to meet part 135 training
program requirements.
For each of these reasons, the FAA
proposes to permanently amend
§ 142.47(a)(5)(ii) to reference ‘‘aircraft’’
rather than ‘‘airplane.’’ In this regard,
the FAA proposes to impose identical
standards for powered-lift and rotorcraft
training center instructors as those
required for airplanes. As noted, most
existing rotorcraft training center
instructors already meet the
aeronautical experience requirements of
§ 142.47(a)(5)(ii) for rotorcraft that
require type ratings. However, to
facilitate integration of this regulatory
change while not disrupting current
practice for those instructors who may
213 In support of this proposal, the FAA also
conducted a search of the NTSB database to
ascertain whether accidents or incidents resulted
from this lower safety standard. At present, there
are no accidents or incidents reported. The FAA
finds that this conclusion may be the result of
rotorcraft instructors already satisfying the ATP
aeronautical experience requirements.
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not currently satisfy this standard, the
FAA proposes to except instructors that
are currently instructing in an FSTD
that represent a rotorcraft requiring a
type rating from this proposed
requirement.
In addition to excepting current
instructors from the ATP aeronautical
experience requirements for FSTDs that
represent a rotorcraft requiring a type
rating, the FAA also notes the
availability of deviation authority in
§ 142.9 for both powered-lift and
rotorcraft instructors. Initially, the FAA
does not anticipate that powered-lift
pilots will be able to satisfy the
aeronautical experience requirements
for an ATP certificate. For this initial
cadre of powered-lift pilots, § 142.9 may
provide an avenue for relief from the
ATP experience requirements of
§ 142.47(a)(5)(ii) if the FAA determines
that it would not adversely affect the
quality of instruction or evaluation.
In particular, a request for deviation
requires a detailed description of the
proposed alternative plan that enables
the certificate holder to achieve the
same level of safety as that mandated by
the regulation.214 After the certificate
holder submits its request for deviation
authority, the FAA may consider the
level of safety purportedly achieved by
the request, the proposed revisions to
the training center’s operating
procedures and Quality Management
Systems, and any accompanying
justification, procedures, or policies that
the training center proffers in support of
its request for relief. After conducting
this review, the FAA may grant the
certificate holder deviation from
compliance with the proposed
requirements in § 142.47(a)(5)(ii). As
powered-lift pilots acquire additional
aeronautical experience, the FAA
anticipates that fewer certificate holders
will need to utilize the deviation
authority available under this section to
request relief from § 142.47(a)(5)(ii).
G. Practical Tests
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1. Practical Test Equipment and Waiver
Authority
Section 61.43 provides the general
procedures for a practical test 215 for an
applicant to receive a certificate or
rating. Specifically, § 61.43(a)(1)
currently requires that the completion of
a practical test for a certificate or rating
include the performance of the tasks
214 FAA
Order 8900.1, Vol. 3, Ch. 54, Sec. 4.
practical test means a test on the areas of
operation for an airman certificate, rating, or
authorization that is conducted by having the
applicant respond to questions and demonstrate
maneuvers in flight, in a flight simulator, or in an
FTD. 14 CFR 61.1.
215 A
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specified in the areas of operation for
the airman certificate or rating sought.
These tasks are set forth in either a
Practical Test Standard (PTS) or ACS for
the appropriate certificate or rating that
the applicant is seeking. The FAA
currently has an ongoing rulemaking
project that proposes to amend
§ 61.43(a)(1) to incorporate by reference
(IBR) the PTSs and ACSs.216 The NPRM
for the ACS/PTS rulemaking was
published on December 12, 2022,217 and
proposed to revise § 61.43(a)(1) to
delineate successful completion of the
practical test as performing the tasks
specified in the areas of operation
contained in the applicable ACS or PTS.
In light of the transition from PTS to
ACS,218 as discussed in that NPRM, the
FAA has drafted ACSs for powered-lift
practical tests. Specifically, the FAA
proposed to IBR six newly drafted
powered-lift ACSs into part 61: (1) ATP
and Type Rating for Powered-Lift
Category, (2) Commercial Pilot for
Powered-Lift Category, (3) Private Pilot
for Powered-Lift Category, (4)
Instrument Rating—Powered-Lift,219 (5)
Flight Instructor for Powered-Lift
Category, and (6) Flight Instructor
Instrument for Powered-Lift Category.220
The six powered-lift ACSs specify the
tasks within the given areas of operation
that must be accomplished for purposes
of receiving a powered-lift category
rating, type rating, and/or instrument
rating.
216 IBR allows Federal agencies to comply with
the requirement to publish rules in the Federal
Register and the Code of Federal Regulations (CFR)
by referring to material already published
elsewhere. IBR Handbook, Office of the Federal
Register, July 2018.
217 Airman Certification Standards and Practical
Test Standards for Airmen; Incorporation by
Reference, NPRM, 87 FR 75955 (Dec. 12, 2022).
218 The FAA began to establish the ACSs in 2011
to enhance the testing standard for the knowledge
and practical tests in collaboration with the aviation
industry. The goal in creating the ACS was to drive
a systematic approach to the airman certification
process, including knowledge test question
development and the conduct of the practical test.
In cooperation with the ACS Working Group,
established through the Aviation Rulemaking
Advisory Committee (ARAC), the FAA integrated
‘‘aeronautical knowledge’’ and ‘‘risk management’’
elements into the existing areas of operations and
tasks set forth in the PTS. Therefore, the ACS is a
comprehensive presentation integrating the
standards for what an applicant must know,
consider, and do to demonstrate proficiency to pass
the tests required for issuance of the applicable
airman certificate or rating.
219 Currently, the FAA has one powered-lift PTS,
Instrument Rating Practical Test Standards for
Airplane, Helicopter, and Powered-Lift, available
on the FAA website at https://www.faa.gov/
training_testing/testing/test_standards. The
powered-lift portion of the PTS was utilized in
drafting the Instrument Rating—Powered-Lift ACS.
220 The six draft ACSs may be found in the docket
for the ACS IBR NPRM: FAA–2022–1463., which is
docket FAA–2022–1463.
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While § 61.43 sets forth the general
procedures for the practical test,
including directing compliance with the
powered-lift ACSs in administering
testing, the requirements for the aircraft
and equipment utilized by an applicant
during the flight increment of the
practical test for a certificate and/or
rating are found in § 61.45. Specifically,
§ 61.45(b) stipulates the equipment,
other than controls, required of an
aircraft used on the practical test and
allows the use of an aircraft with
operating characteristics that preclude
the applicant from performing all the
tasks for the practical test.221 However,
when an applicant for a certificate or
rating is unable to perform a required
task due to aircraft capabilities, an
appropriate limitation is placed on the
applicant’s certificate or rating. This
limitation ensures the pilot cannot act
as PIC of an aircraft that has capabilities
that are inconsistent with the limitation
on the pilot’s certificate until the pilot
satisfactorily demonstrates the task they
have not performed.
For example, this situation arises
when an applicant is taking a practical
test in the Cessna 336 or 337 (C–336/
337) series airplanes to add an airplane
multiengine land rating onto a
commercial pilot certificate for which
an applicant holds an airplane single
engine land rating. The C–336/337
series do not have a published
minimum control speed with the critical
engine inoperative (VMC). Thus, an
applicant would not be able to perform
the VMC demonstration task required by
an airplane ACS 222 if a C–336/337
series airplane was used to take the
practical test. Therefore, an applicant
who successfully completed the
practical test in a C–336/337 series
airplane would receive a certificate with
an appropriate limitation (i.e., Limited
to Center Thrust limitation). A pilot may
remove this limitation by completing a
practical test in an aircraft that is
capable of performing the task(s). For
example, in the above scenario, a pilot
who completes a commercial pilot
practical test in a multiengine airplane
with a published VMC (i.e., performs the
tasks that were not formerly performed)
would have the limitation removed.
As discussed in section V.A of this
preamble, the FAA is proposing to
require that all pilots seeking to act as
PIC of a powered-lift hold a type rating
on their pilot certificate for the type of
powered-lift they intend to operate. This
proposal would require the successful
221 14
CFR 61.45(b)(2).
example, VMC demonstration is Task B in
Area of Operation X, Multiengine Operations, in the
Private Pilot for Airplane Category ACS.
222 For
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completion of a practical test for the
type rating sought. Through the aircraft
type certification and evaluation
processes, the FAA recognizes that
because there may be differing poweredlift aircraft produced, it is possible
certain powered-lift might be precluded
from accomplishing certain tasks due to
the powered-lift’s design (e.g., stalls)
that are required by the appropriate
ACS. Traditionally, as discussed, this
would result in the appropriate
limitation on a pilot’s certificate.223
However, due to the proposed type
rating requirement, any limitation
issued pursuant to § 61.45(b) to a pilot
operating a powered-lift as PIC would
be unnecessary because the pilot would
not be able to perform the maneuver for
which the limitation would apply in the
aircraft for which they hold the type
rating. Further, a person could not act
as PIC of a different powered-lift type
that may exhibit the limited
characteristic without testing in that
type of powered-lift first, which would
thereby require the pilot to be tested on
the specific task or maneuver that was
omitted during the prior practical test if
the powered-lift for the additional type
rating is able to perform that task or
maneuver.
For example, if type A powered-lift
could not perform a stall, but type B
powered-lift could, then a pilot seeking
a type rating in type A would not be
tested on stalls but would not receive a
limitation on the type rating for type A.
The absence of a limitation would not
present a safety concern if the pilot
wished to act as PIC of type B poweredlift because the pilot would need to take
a practical test for a type rating in type
B powered-lift, which would include
the previously omitted evaluation on
stalls. By proposing to require a type
rating for each type of powered-lift, the
type rating itself contains the limitation
contemplated in § 61.45(b)(2) for an
aircraft not able to perform all tasks in
the ACS. Therefore, proposed
§ 194.207(a) would permit an applicant
to use a powered-lift that is precluded
from performing all of the tasks required
for the practical test without receiving a
limitation on the applicant’s certificate
or rating.224
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223 14
CFR 61.45(b)(2).
an applicant for a flight instructor certificate
with a powered-lift category rating brings a
powered-lift to the practical test that is incapable
of performing a task required for the practical test,
an examiner may waive the task in accordance with
waiver authority provided by the FAA. Upon
passing the practical test, the flight instructor
would be qualified to provide instruction in a
powered-lift that is capable of performing the task
that was waived on the test. The FAA considered
restricting a flight instructor from providing
instruction in a powered-lift that is capable of
224 If
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Because there are currently no typecertificated powered-lift, the FAA does
not have the requisite information at
this time to determine which tasks
might be deemed prohibited or unsafe
by the aircraft certification and
evaluation processes to delineate such
tasks in this proposed SFAR or the draft
powered-lift ACSs. In fact, there may be
no such tasks that emerge. The FAA will
identify this information through the
type certification process, as well as
FSBs. FSBs are established when the
responsible FAA Aircraft Certification
office issues a Type Certificate for large
aircraft, turbojet-powered airplanes, and
other aircraft specified by the
Administrator through the aircraft
certification process. Powered-lift types
will be evaluated under the existing FSB
process, which will determine the
requirements for a pilot type rating,
develop training objectives for the type
rating, and conduct initial training for
the manufacturer’s pilots and FAA
inspectors.
The FSB is composed of pilot
candidates who have varied
backgrounds conducting airman testing,
evaluating training programs, and
reviewing operator manuals. FAA pilots
(e.g., FAA flight test pilots, Aircraft
Evaluation operations inspectors, FSDO
operations inspectors) attend the
manufacturer’s proposed training
program as test subjects and, upon
completion, are administered the type
rating test, in accordance with the
applicable part 61 regulations. The FAA
determines the appropriate type rating
designation, the adequacy of proposed
training and checking requirements, and
determination of airman competency.
Additionally, the manufacturer, Aircraft
Certification Office, and FAA test pilots
validate those tasks applicable to each
powered-lift and provide their analysis
to the members of the FSB. An assigned
FSB member collates the findings into a
Flight Standardization Board Report
(FSBR). Based off of these
determinations, in conjunction with the
FAA’s determinations of the adequacy
of training, the FSBR will identify those
tasks that are applicable to the specific
performing a task for which the flight instructor has
not demonstrated instructional ability. However, to
provide training in a powered-lift, the flight
instructor would be required to hold a type rating
for the powered-lift on their pilot certificate. 14 CFR
61.195(e). The FAA has determined that the flight
instructor would be qualified to provide training in
the powered-lift based on their demonstration of
instructional ability on the flight instructor
practical test and their demonstration of pilot skills
in the powered-lift on the type rating practical test.
However, as the FAA gains more knowledge about
tasks that certain powered-lift may be incapable of
performing, the FAA may reconsider whether a
limitation on the flight instructor certificate is
necessary.
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type of powered-lift to inform
examiners 225 conducting a practical
test.226 A multitude of industry
stakeholders use these reports to inform
their training programs and POI use the
FSBR as a reference when approving
operator training, checking, and
currency programs.
As discussed, during the type
certification and evaluation process,
operational limitations of the poweredlift would be identified. The FSBR
would subsequently ascertain what
tasks in the ACS are inapplicable to the
specific type of powered-lift. To account
for the potential need to deviate from
ACS tasks that cannot be performed, the
FAA proposes in § 194.207(b) to
temporarily delegate waiver authority to
the pilot examiner conducting the
practical test. This waiver authority
would not be unfettered or at the
examiner’s discretion; rather, the
waived tasks would be set forth on a
designee’s Certificate and Letter of
Authority (CLOA) 227 specific to each
type of powered-lift in which the
designee is authorized to conduct
practical tests. Specifically, the CLOA
will identify the type of powered-lift in
which the examiner is authorized to
conduct a practical test and the specific
225 ASIs and authorized designees administer
practical tests for applicants seeking airman
certificates and ratings, including conducting
evaluations, testing, certification, and the issuance
of ratings in accordance with part 61. While ASIs
are employees of the FAA, designees are nonemployees to whom the Administrator may delegate
a matter related to the examination, testing, and
inspection necessary to issue a certificate. See 49
U.S.C. 44702(d). Designee authority is established
under 14 CFR part 183, and the general
qualifications for each authorization are set forth in
FAA Order 8000.95, as amended. Pilot designees
include DPEs under part 61, TCEs under part 142,
and APDs under parts 121 and 135.
226 While the FAA has drafted powered-lift ACSs
with input and expertise from industry and working
groups, the FAA is uncertain if discrete additional
tasks will be required for certain powered-lift type
ratings based on the powered-lift’s unique
characteristics. Should the FSBR and type
certification process reveal any additional tasks that
are not accounted for the in the ACS but are
essential to the operation of the specific type of
powered-lift, the FAA may set forth these tasks in
a type-specific appendix to the ACS, which would
be incorporated by reference in accordance with the
Administrative Procedure Act.
227 As new powered-lift are integrated into the
market, the FAA anticipates the need for designees
and ASIs to administer practical tests to pilot
applicants. To serve as a designee for airman testing
and certification, an individual must be
appropriately qualified and rated in the aircraft type
and be authorized through a CLOA. The CLOA
provides a description of the designee’s authorities,
limitations, and associated expiration. See FAA
Order 8000.95B, vol. 3, chapt. 5, para. (2)(d). The
FAA will continue to identify and designate
persons who are qualified consistent with the
current policy for other categories of aircraft. As
employees of the FAA, an ASI’s discretion to waive
tasks during a practical test is established in FAA
Orders.
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tasks that the examiner is authorized to
waive for the practical test, which will
be set forth in the limitations section of
the CLOA.
In addition to the requirement to be
tested on the tasks specified in the areas
of operation for the airman certificate
and rating sought,228 the FAA’s
regulations require an applicant for a
certificate or rating to receive and log
flight training on the applicable areas of
operation that apply to the aircraft
category and class rating sought.229 If
the FAA authorizes an examiner to
waive a specific task during the
practical test because the powered-lift is
incapable of performing the task, the
FAA finds that the applicant should
also be relieved from the requirement to
receive flight training on that task.
Therefore, in proposed § 194.207(c), the
FAA proposes to relieve an applicant for
a private pilot certificate or commercial
pilot certificate with a powered-lift
category rating concurrently with a
powered-lift type rating from the
requirement to receive flight training on
a task specified in an area of operation
if the powered-lift is not capable of
performing the task, provided the FAA
has issued waiver authority for the task
in accordance with the SFAR. The same
reasons that support waiving the task on
the practical test, which were
previously discussed, also apply to
relieving the applicant from the
requirement to receive flight training on
the task. For those reasons, the FAA
finds that this proposed provision
would not adversely affect safety.
Because the areas of operation listed
for issuance of a commercial pilot
certificate with a powered-lift category
rating in accordance with part 61 mirror
those required as certain appendixes
that set forth minimum curriculum
content, the FAA proposes to extend
this same flexibility to part 141 pilot
schools seeking approval of a poweredlift course. Therefore, the FAA proposes
in § 194.239(a) to allow a part 141 pilot
school seeking approval of a course in
a powered-lift resulting in a private or
commercial pilot certificate to waive
training on a task specified in an area of
operation if the powered-lift to be used
in the course is not capable of
performing the task and the FAA has
228 14
CFR 61.43(a)(1).
CFR 61.107(a), 61.127(a). Section 61.157(b)
requires that a person who applies for an aircraft
type rating added to an ATP certificate or applies
for a type rating to be concurrently completed with
an ATP certificate requires flight training from an
authorized instructor on the areas of operation that
apply to the aircraft type rating; the FAA does not
find that additional relief is needed from § 61.157(b)
since the tasks would be not be applicable to the
given aircraft type by existing regulation.
229 14
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issued waiver authority for that task in
accordance with § 194.207(b).
While the FAA determined that there
is no need to issue a limitation pursuant
to § 61.45(b) due to the type rating
requirement proposed in the SFAR, as
discussed above, the FAA recognizes
that the ability for an examiner to waive
a task on a practical test for a poweredlift category rating creates a unique
situation for persons who may seek to
act as SIC in accordance with § 61.55.
As discussed in section V.C of this
preamble, a person seeking to act as SIC
of a powered-lift type-certificated for
more than one required pilot flightcrew
member or in operations requiring an
SIC pilot flightcrew member would not
be required to hold a type rating. Rather,
pursuant to § 61.55(a), the person would
be required to hold at least a private
pilot certificate with the appropriate
category and class rating.
In the case of powered-lift, the initial
pool of pilots obtaining powered-lift
ratings would obtain a commercial pilot
certificate with a powered-lift category
rating and a type rating. The FAA
expects certain persons from this initial
pool of commercial pilots to obtain
powered-lift category ratings on their
flight instructor certificates, thereby
enabling these persons to eventually
provide flight training to students
seeking private pilot certificates with
powered-lift category ratings. If a pilot
passes the practical test for a private or
commercial pilot certificate with a
powered-lift category rating in a
powered-lift that was precluded from
conducting certain tasks that are
required by the applicable powered-lift
category ACS, the examiner would
waive those tasks on the practical test as
previously discussed.
For the reasons explained previously,
this would not cause a safety concern
because the pilot would have to test for
the new powered-lift type rating before
acting as PIC. However, because the
powered-lift category rating on the
private or commercial pilot certificate
enables the person to serve as SIC of
another powered-lift type in accordance
with § 61.55, there could be safety
implications should the person seek to
serve as SIC of a powered-lift that is
capable of performing tasks for which
the person was never trained and tested.
As explained in section V.C of this
preamble, the FAA finds that the
current SIC qualification requirements
set forth in § 61.55 are sufficient for
pilots seeking to act as SIC of a
powered-lift, provided those pilots
satisfactorily complete a practical test
on each task required by § 61.43(a)(1)
(i.e., the tasks specified in the areas of
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38999
operation contained in the applicable
Powered-Lift Category ACS).
To the extent a pilot completes a
practical test in a powered-lift that was
precluded from performing each task
required by § 61.43(a)(1), the FAA is
proposing in § 194.209(a) to prohibit
that pilot from serving as SIC of a
powered-lift that is capable of
performing the tasks that were waived
on the person’s practical test until
certain requirements are met.
Specifically, the FAA is proposing to
require the person to receive and log
ground and flight training from an
authorized instructor on the specific
tasks that were waived. Additionally,
the FAA is proposing to require the
person to receive a logbook or training
record endorsement from the authorized
instructor certifying that the person has
satisfactorily demonstrated proficiency
in those tasks.
These requirements would ensure the
person has received training on the
specific tasks for which the person was
not previously trained or tested.
Additionally, these proposed
requirements would ensure the person
has demonstrated the ability to
successfully perform the tasks to an
authorized instructor prior to serving as
SIC of the powered-lift. In determining
whether a pilot has demonstrated
proficiency of a task, the FAA
recommends the authorized instructor
use the appropriate ACS, which
specifies the approved standards for the
specific task. For the same reasons
discussed in section V.C of this
preamble concerning the role of a PIC,
the FAA finds that these additional
requirements combined with the SIC
qualification requirements prescribed in
§ 61.55 would ensure the person seeking
to serve as SIC of a powered-lift is
qualified to do so.
The FAA recognizes that a person
employed by a fractional ownership
program as set forth in subpart K of part
91 or a person employed by a certificate
holder authorized to conduct operations
under part 135 may receive training and
a competency check in a powered-lift
that includes the tasks that were waived
on the person’s practical test for a
commercial pilot certificate with a
powered-lift category rating. In
accordance with § 135.323, a part 135
air carrier or operator is required to
establish and implement an approved
training program that ensures each pilot
is adequately trained to perform their
assigned duties. Therefore, to act as SIC
of a powered-lift under part 135, a
person would be required to receive
ground and flight training in the type of
powered-lift to ensure the person is
adequately trained to perform the duties
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of SIC. Additionally, all part 135 pilots
are required to complete a § 135.293
competency check every 12 calendar
months. Similarly, under part 91
subpart K, § 91.1073 requires each
program manager to establish and
implement an approved training
program that ensures each crewmember
is adequately trained to perform their
assigned duties, and § 91.1065 requires
each pilot to pass a competency check
every 12 calendar months. A situation
could arise where a person receives
training on the task that was previously
waived on the person’s practical test
and a competency check that includes
the task.
For persons that receive such training
and checking under part 135 or subpart
K of part 91, it would be redundant to
require the person to also receive
training and an endorsement under part
61. The FAA is therefore proposing in
§ 194.209(b)(2) an exception to the
training and endorsement requirements
for those pilots who have received
ground and flight training under an
approved training program and have
satisfactorily completed a competency
check under § 135.293 or § 91.1065 in a
powered-lift, provided the approved
training program and competency check
include each task that was previously
waived on the person’s practical test.230
Furthermore, the FAA recognizes that
certain powered-lift pilots may seek to
obtain additional type ratings on their
pilot certificate. Under proposed
§ 194.209(b)(1), a person seeking an
additional type rating may forgo the
training and endorsement requirements
described above if that person
subsequently passes a practical test for
a type rating in a powered-lift that is
capable of performing all the tasks
specified in the ATP and Type Rating
for Powered-Lift Category ACS. The
type rating practical test would be
required to include each task required
by § 61.43(a)(1) (i.e., the tasks specified
in the areas of operation contained in
the ATP and Type Rating for PoweredLift Category ACS 231).
The FAA proposes to adopt these
requirements in the SFAR because they
are temporary in nature and are
intended to enable the FAA to ensure an
appropriate level of safety while
acquiring additional information
concerning powered-lift, including any
unique operating characteristics that
may preclude certain powered-lift from
performing each task specified in the
230 This proposed exception is consistent with
that in § 61.31(e)(2)(ii) and (f)(2)(ii) for complex and
high-performance airplanes.
231 Airman Certification Standards and Practical
Test Standards for Airmen; Incorporation by
Reference NPRM, 87 FR 75955 (Dec. 12, 2022).
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applicable Powered-Lift Category ACS.
The FAA is, however, proposing to
permanently amend § 61.55(a) to crossreference the additional training and
endorsement requirements proposed in
§ 194.209(a) by adding new
§ 61.55(a)(4). This amendment is
intended only to ensure that all persons
seeking to act as SIC of a powered-lift
pursuant to § 61.55 are aware of the new
temporary requirements and the
situation under which they would
apply.232
2. Permit Applicants To Take a
Powered-Lift Type Rating Practical Test
Without Concurrently Obtaining an
Instrument-Powered-Lift Rating
(§ 61.63(d))
Section 61.63(d) contains the
eligibility requirements for a person
seeking an aircraft type rating.
Currently, § 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 § 61.63(e). Additionally,
§ 61.63(d)(4) requires the applicant to
perform the type rating practical test in
actual or simulated instrument
conditions, except as provided in
§ 61.63(e). Under § 61.63(e), an
applicant who provides an aircraft that
is not capable of the instrument
maneuvers and procedures required on
the practical test may apply for the type
rating or a type rating in addition to the
category rating, but the type rating will
be limited to ‘‘VFR only.’’
For an applicant seeking a type rating
in a powered-lift capable of instrument
maneuvers and procedures, the FAA has
determined that there are two
circumstances under which the
applicant should not be required to hold
or concurrently obtain an appropriate
instrument rating.233 These two
circumstances are discussed in detail in
the following subsections.
232 The FAA notes that the proposed addition of
§ 61.55(a)(4) would be temporary in nature because
it would be obsolete upon the expiration date set
forth in proposed § 194.107. When the SFAR
expires, the FAA would remove the proposed
provision in § 61.55(a)(4) concurrently with the
temporary provisions of part 194.
233 Proposed § 194.211(b) and (c) address the two
circumstances discussed in this preamble section.
To avoid confusion with the current ‘‘VFR only’’
provisions codified in § 61.63(e), which apply only
to aircraft not capable of instrument maneuvers and
procedures, the FAA is proposing an applicability
provision in § 194.211(a) to make clear that the
temporary provisions in paragraphs (b) and (c)
apply only to persons seeking a type rating in a
powered-lift that is capable of performing
instrument maneuvers and procedures.
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i. Applicants for an Initial Powered-Lift
Type Rating To Be Obtained
Concurrently With a Powered-Lift
Category Rating
Because the FAA is proposing that all
powered-lift would require type ratings,
the FAA’s current regulations would
require an applicant for a powered-lift
type rating to take three practical tests
concurrently: the practical tests for (1) a
powered-lift type rating, (2) powered-lift
category rating, and (3) an instrumentpowered-lift rating.234 To serve as PIC of
a powered-lift, a person would be
required to hold both a powered-lift
category rating and a powered-lift type
rating pursuant to § 61.31(d).235 If a
person does not yet hold a powered-lift
category rating on their pilot certificate
through military competency, they
would be required to apply for a
powered-lift type rating concurrently
with a powered-lift category rating
pursuant to § 61.63(d).236 Additionally,
§ 61.63(d)(1) requires an applicant for a
type rating to either hold or
concurrently obtain an appropriate
instrument rating. The only pilots who
hold commercial pilot certificates with
powered-lift category ratings and
instrument-powered-lift ratings are
military pilots who qualified for the
ratings pursuant to § 61.73 based on
their military pilot qualifications. All
other pilots would be required to apply
for a powered-lift type rating
concurrently with a powered-lift
category rating and instrumentpowered-lift rating. Therefore, to obtain
all three ratings, the applicant would be
required to satisfactorily complete three
practical tests concurrently.237
234 As discussed in more detail, if an applicant
seeks a type rating in a powered-lift that is not
capable of performing instrument maneuvers and
procedures, that applicant would not be required to
take three practical tests concurrently because the
exception to § 61.63(d)(1) and (4), which is
contained in § 61.63(e), would apply.
235 Section 61.31(d) prescribes that, to serve as
PIC of an aircraft, a person must hold the
appropriate category, class, and type rating (if a
class or type rating is required) for the aircraft to
be flown.
236 As discussed in more detail later in this
section, the FAA is proposing to revise §§ 61.45 and
61.64 to clarify its position that a person may not
take a practical test in an aircraft that requires a
type rating without obtaining a type rating.
237 Ratings are placed on a pilot certificate (other
than student pilot) when an applicant satisfactorily
accomplishes the training and certification
requirements for the rating sought. 14 CFR 61.5. To
obtain an aircraft type rating, an applicant must
pass the practical test for the type rating at the ATP
certification level. 14 CFR 61.63(d)(3). To obtain a
powered-lift category rating on a commercial pilot
certificate, the applicant must pass the practical test
on the areas of operation listed in § 61.127(b) that
apply to the powered-lift category rating sought. 14
CFR 61.63(b); 61.123(g). To obtain an instrumentpowered-lift rating, the applicant must pass a
practical test on the areas of operation in § 61.65(c).
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Under FAA regulations, a person
seeking an airplane or helicopter type
rating has the flexibility to take the type
rating practical test independent of the
other practical tests. For example, an
applicant for an airplane or helicopter
type rating may obtain an instrumentairplane or instrument-helicopter rating
in an airplane or helicopter for which a
type rating is not required prior to
applying for a type rating in an airplane
or helicopter. As a result, an applicant
for an airplane or helicopter type rating
is not required to take a type rating
practical test concurrently with an
instrument rating practical test.
Similarly, because there are airplanes
and helicopters for which a type rating
is not required, an applicant for an
airplane or helicopter type rating may
obtain the appropriate category and
class ratings on their pilot certificate
prior to taking the type rating practical
test.238 Thus, an applicant for an
airplane or helicopter type rating is not
required to take the type rating practical
test concurrently with the practical test
for an aircraft category or class rating.
If the FAA requires the PIC to hold a
type rating for each type of powered-lift,
as proposed, there would be no
powered-lift for which a type rating is
not required. As a result, the current
regulations would preclude a pilot from
obtaining a powered-lift category rating
or an instrument-powered-lift rating
prior to applying for their initial
powered-lift type rating practical test.
Requiring applicants for an initial
powered-lift type rating to take three
practical tests concurrently would be
both burdensome and inconsistent with
the flexibility that the regulations
currently provide to applicants for
airplane and helicopter type ratings.
Pursuant to § 61.31(d), a person may not
act as PIC of a powered-lift unless that
person obtains both a powered-lift type
rating and a powered-lift category rating
on their pilot certificate. The FAA
therefore is not proposing any change
that would allow an applicant to apply
for their initial powered-lift type rating
without concurrently obtaining a
powered-lift category rating. The FAA is
proposing in § 194.211(b)(1) to enable
an applicant to take the instrumentpowered-lift rating independent from
the practical tests for the powered-lift
category and type ratings. The FAA has
concluded that this temporary
238 To act as PIC of an airplane that requires a
type rating, the pilot must hold an airplane category
rating with the appropriate class rating on their
pilot certificate. Similarly, to act as PIC of a
helicopter that requires a type rating, the pilot must
hold a rotorcraft category and helicopter class rating
on their pilot certificate. 14 CFR 61.31(d).
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allowance as proposed would not
adversely affect safety.
Currently, § 61.63(e) contains an
exception to the requirement, in
§ 61.63(d)(1), for a type-rating applicant
to hold or concurrently obtain an
appropriate instrument rating. Under
§ 61.63(e), an applicant for a type rating
who provides an aircraft that is not
capable of the instrument maneuvers
and procedures required on the
practical test may receive a type rating
upon completion of the practical test
with a ‘‘VFR only’’ limitation. The
applicant may have the ‘‘VFR only’’
limitation removed for that aircraft type
by: (1) passing a practical test in that
type of aircraft in actual or simulated
instrument conditions; (2) passing a
practical test in that type of aircraft on
the appropriate instrument maneuvers
and procedures in § 61.157; or (3)
becoming qualified under § 61.73(d) for
that type of aircraft. Additionally,
§ 61.63(e)(2) states that when an
instrument rating is issued to a person
who holds one or more type ratings, the
amended pilot certificate must bear the
‘‘VFR only’’ limitation for each aircraft
type rating that the person did not
demonstrate instrument competency.
The FAA is not proposing to amend
§ 61.63(e). Therefore, if a powered-lift is
not capable of performing instrument
maneuvers and procedures, an applicant
for a type rating in that powered-lift
may obtain a ‘‘VFR only’’ limitation in
accordance with § 61.63(e). The FAA
finds, however, that powered-lift that
are capable of instrument maneuvers
and procedures would present a
situation that differs from other
categories of aircraft because the FAA
has not previously required a type rating
for each type of aircraft that falls within
a broad category of aircraft. To provide
flexibility consistent with that provided
to applicants for an airplane or
helicopter type rating, the FAA is
proposing § 194.211(b), which would
allow an applicant for a powered-lift
type rating to take the type rating
practical test independent of the
practical test for the instrumentpowered-lift rating. Regarding the type
rating practical test, proposed
§ 194.211(b)(2) would also relieve an
applicant from being tested on the areas
of operation listed in § 61.157(e) that
consist of performing instrument
maneuvers and procedures in actual or
simulated instrument conditions. The
FAA is proposing to leverage the
regulatory framework that exists in
§ 61.63(e), including the ‘‘VFR only’’
limitation, to implement the desired
flexibility.
Under proposed § 194.211(b), an
applicant for a powered-lift type rating
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in addition to a powered-lift category
rating may apply for the type rating
without holding or concurrently
obtaining the appropriate instrument
rating. Consistent with current
§ 61.63(d)(4) and (e), the applicant
would not be required to perform the
type rating practical test in actual or
simulated instrument conditions. As
stated in the draft ATP and Type Rating
for the Powered-Lift Category ACS, the
applicant seeking a ‘‘VFR only’’ type
rating would conduct tasks that are
normally performed by reference to the
instruments using visual references.239
Upon successfully completing the
practical test for the type rating, the
applicant would receive the poweredlift type rating with a ‘‘VFR only’’
limitation on their pilot certificate.
The aeronautical experience
requirements for an instrumentpowered-lift rating require the applicant
to receive 3 hours of instrument flight
training from an authorized instructor in
a powered-lift that is appropriate to the
instrument-powered-lift rating within 2
calendar months before the date of the
instrument rating practical test.240 The
purpose of issuing the ‘‘VFR only’’ type
rating to an applicant who is applying
for a powered-lift type rating
concurrently with a powered-lift
category rating is to enable the applicant
to take the instrument rating practical
test at a later date. Because the applicant
will be eligible to apply for the
instrument rating practical test at the
time that they apply for the type rating
and category rating practical tests, the
applicant will have already obtained 3
hours of flight training in preparation
for the instrument rating practical test
within the 2 calendar months preceding
the month of the practical tests for the
type rating and category rating. The
FAA therefore finds it reasonable to
propose a requirement, as set forth in
proposed § 194.211(b)(3), that would
require the applicant to obtain the
instrument-powered-lift rating and
remove the ‘‘VFR only’’ limitation for
the type rating within 2 calendar
months from the month in which the
applicant passes the type rating
practical test. The FAA believes
permitting persons to exercise the
privileges of a ‘‘VFR only’’ powered-lift
type rating for 2 calendar months would
not adversely affect safety. While the
powered-lift would be capable of
performing instrument procedures and
maneuvers, the ‘‘VFR only’’ limitation
would restrict the pilot from operating
the powered-lift under IFR. As a result,
the pilot would be permitted to operate
239 FAA–S–ACS–17,
240 14
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the powered-lift only under the
conditions for which the pilot
demonstrated mastery of the poweredlift on the practical test.241 Furthermore,
current § 61.133(b)(1) serves as a
sufficient safeguard to prevent any
reduction in safety with respect to
powered-lift operations that would carry
passengers for hire. Specifically, under
§ 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,
pursuant to proposed § 194.211(b)(4),
the pilot would be required to: (1) pass
an instrument rating practical test in a
powered-lift in actual or simulated
conditions, and (2) pass a practical test
in the powered-lift for which the ‘‘VFR
only’’ limitation applies on the
appropriate areas of operation listed in
§ 61.157(e) that consist of performing
instrument maneuvers and procedures
in actual or simulated instrument
conditions. The FAA recognizes that the
conditions for removing a ‘‘VFR only’’
limitation from a powered-lift type
rating would differ from the conditions
that currently exist in § 61.63(e)(1)(ii),
which apply to the removal of a ‘‘VFR
only’’ limitation from a type rating for
an aircraft that was not capable of
performing instrument maneuvers and
procedures at the time of the type rating
practical test.
Because the intent of the proposal is
to permit the applicant to complete the
instrument rating practical test at a later
date, the FAA is proposing to require
the satisfactory completion of the
instrument rating practical test as a
condition of removing the ‘‘VFR only’’
limitation from the type rating.
Additionally, because the applicant was
not required to perform the appropriate
instrument maneuvers and procedures
for a type rating when they passed the
practical test for a ‘‘VFR only’’ type
rating, the FAA is also proposing to
require the satisfactory completion of
the instrument portion of the type rating
practical test as a condition of removing
the ‘‘VFR only’’ limitation. After the
FAA has had sufficient time to analyze
the removal of a ‘‘VFR only’’ limitation
pursuant to § 61.63(e)(1)(ii), the FAA
may contemplate future rulemaking to
update the conditions specified therein.
As previously stated, to remove the
‘‘VFR only’’ limitation for a powered-lift
241 14
CFR 61.43(a)(2).
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type rating, a person would be required
to take two practical tests in actual or
simulated instrument conditions: (1) the
instrument rating practical test, and (2)
the portion of the type rating practical
test that includes performing instrument
maneuvers and procedures in actual or
simulated conditions. The draft
Instrument Rating—Powered-Lift ACS
specifies which tasks an applicant must
satisfactorily perform for the issuance of
an instrument rating in the powered-lift
category. Similarly, the draft ATP and
Type Rating Powered-Lift Category ACS
specifies which areas of operation and
tasks an applicant must satisfactorily
perform on the type rating practical test
to remove the ‘‘VFR only’’ limitation for
a powered-lift type. Upon reviewing the
proposed tasks required for each
practical test, the FAA has determined
that a person would encounter several
overlapping tasks when taking the
practical tests concurrently. The FAA
has evaluated the standards for each of
the overlapping tasks and has
determined that it is unnecessary to
require a person to perform the same
task more than once, provided the task
is performed to the highest standard set
forth in the respective ACSs.
For example, a person would be
required to perform a circling approach
procedure on both the instrument rating
practical test and the type rating
practical test. The draft Instrument
Rating—Powered-Lift ACS requires the
applicant to perform the procedures
while maintaining airspeed +/¥10
knots and desired heading/track +/¥ 10
degrees. The draft ATP or Type Rating
Powered-Lift Category ACS also requires
the applicant to perform the circling
approach procedure, but to more
exacting standards (i.e., maintain
airspeed +/¥ 5 knots and desired
heading/track +/¥ 5 degrees). If a pilot
demonstrates their ability to perform the
circling approach procedure to the more
exacting standards specified in the draft
ATP or Type Rating Powered-Lift
Category ACS, the FAA finds it
unnecessary to require that pilot to
perform the same task a second time to
the less stringent standards specified in
the draft Instrument Rating—PoweredLift ACS. Accordingly, when a task
required for the instrument rating
practical test overlaps with a task
required for the type rating practical
test, proposed § 194.211(d) would
permit a person to perform the task a
single time provided the person
performs the task to the highest
standard required for the task.
The proposed language in
§ 194.211(b)(4) concerning the
completion of the type rating practical
test differs slightly from the language in
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§ 61.63(e)(1)(ii)(B). The FAA’s proposed
language is intended to clarify that the
cross-reference to § 61.157 refers to the
areas of operation of which the practical
test for a type rating is comprised. The
areas of operation for a person seeking
a powered-lift type rating are contained
in § 61.157(e).242 A person who holds a
type rating with a ‘‘VFR only’’ limitation
is required to pass the portion of the
type rating practical test that includes
the instrument maneuvers and
procedures (e.g., the portion of the
practical test that was not previously
completed). Therefore, only certain
areas of operation listed in § 61.157(e)
are appropriate. The draft ATP and
Type Rating for Powered-Lift Category
ACS specifies which areas of operation
and which tasks must be completed for
the removal of a ‘‘VFR only’’ limitation.
Furthermore, the FAA notes that,
pursuant to § 61.63(d)(4), the type rating
practical test must be performed in
actual or simulated instrument
conditions. For consistency with current
§ 61.63(d)(4), proposed
§ 194.211(b)(4)(ii) would make clear that
the practical test required to remove the
‘‘VFR Only’’ limitation for a poweredlift type, which is a component of the
powered-lift type rating practical test,
must be completed in actual or
simulated instrument conditions.243
Pursuant to proposed § 194.211(b)(5),
if a person who obtains a powered-lift
type rating with a ‘‘VFR only’’ limitation
pursuant to § 194.211(b)(1) does not
remove the limitation within 2 calendar
months from the month in which the
person completed the type rating
practical test, then the powered-lift type
rating for which the ‘‘VFR only’’
limitation applies will become invalid
for use until the person removes the
limitation in accordance with
§ 194.211(b)(4). Upon becoming
‘‘invalid,’’ a person may no longer
exercise the privileges associated with
the type rating and the ‘‘VFR only’’
limitation. For powered-lift that are not
large aircraft or turbojet-powered, the
FAA considered allowing a pilot after
the two months had elapsed to continue
to exercise private pilot privileges until
the limitation could be removed and
seeks comment on whether such relief
would be appropriate.
242 Section 61.63(d)(3) requires a person who
applies for an aircraft type rating or an aircraft type
rating to be completed concurrently with an aircraft
category or class rating to pass the practical test at
the ATP certification level. Section 61.157(a)(1)
states that the practical test for an ATP certificate
is given for an aircraft type rating. The ATP
practical test consists of the areas of operation listed
in § 61.157(e) that apply to the aircraft category and
class rating sought. 14 CFR 61.153(h).
243 See also 14 CFR 61.157(b)(3).
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The FAA recognizes that, for aircraft
that were not capable of instrument
maneuvers and procedures at the time
of the type rating practical test,
§ 61.63(e)(1)(ii)(C) permits a person to
remove the ‘‘VFR only’’ limitation for
the aircraft type by becoming qualified
under § 61.73(d) for that type of aircraft.
Section 61.73(d) permits a person to
obtain an instrument-powered-lift rating
based on military pilot qualifications. A
military powered-lift pilot seeking a
powered-lift type rating may obtain
their powered-lift category rating and
instrument-powered-lift rating pursuant
to the military competency provisions of
§ 61.73 prior to applying for a poweredlift type rating practical test. As a result,
these pilots would not encounter the
obstacle of taking all three practical tests
simultaneously. Because these pilots do
not need the flexibility provided by the
proposal, which would permit the
instrument rating practical test to be
completed at a later date, there are no
circumstances under which these pilots
would be issued a ‘‘VFR only’’
limitation under the SFAR.244 The FAA
therefore finds it unnecessary to enable
persons to remove the ‘‘VFR only’’
limitation for a type of powered-lift by
obtaining an instrument-powered-lift
rating pursuant to § 61.73(d).
The FAA emphasizes that the
proposed rule would not amend
§ 61.63(d)(1). It would only add an
option in the SFAR (i.e., part 194) for
applicants to take the instrument rating
practical test separate from the practical
tests for a powered-lift type rating and
a powered-lift category rating. Thus,
applicants for a powered-lift type rating
would still have the option to take all
three practical tests concurrently
pursuant to § 61.63(d)(1).
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ii. Obtaining Powered-Lift Type Ratings
With ‘‘VFR only’’ Limitations on a
Private Pilot Certificate
Under current § 61.63(d)(1), a private
pilot who applies for an airplane or
helicopter type rating is required to hold
or concurrently obtain an appropriate
instrument rating. An airplane or
helicopter, however, only requires a
type rating if the aircraft is large or
turbojet-powered. Thus, under the
current regulations, a private pilot may
obtain the appropriate category and
class ratings to operate airplanes and
helicopters that do not require a type
rating under § 61.31(a) without ever
244 These pilots could potentially receive a ‘‘VFR
only’’ limitation for a powered-lift that is not
capable of performing instrument maneuvers and
procedures pursuant to current § 61.63(e).
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obtaining an appropriate instrument
rating.245
As discussed previously, the FAA’s
proposal would require a type rating for
each type of powered-lift. As a result,
the current requirement in § 61.63(d)(1)
to hold or concurrently obtain an
instrument rating would apply to every
person seeking to operate a powered-lift,
including private pilots.
Due to the FAA’s inability to establish
classes of powered-lift at this time, the
underlying reasons for requiring a type
rating for a powered-lift differ, in part,
from the reasons for requiring a type
rating for large aircraft and turbojetpowered airplanes. For example, as
explained further in section V.A of this
preamble, there is a lack of commonality
between powered-lift, which makes it
infeasible for the FAA to establish
classes of powered-lift at this time. By
requiring a type rating for each type of
powered-lift, the FAA would ensure
that persons are trained and tested on
the unique design and operating
characteristics of each powered-lift. If
the FAA were able to establish classes
of powered-lift, private pilots would be
permitted to obtain powered-lift
category and class ratings without
concurrently obtaining an instrument
rating, similar to what is currently
permitted for airplanes and helicopters
under part 61. These private pilots
would be required to obtain an
appropriate instrument rating only if the
powered-lift required a type rating
pursuant to the current requirements in
§ 61.31(a) (e.g., large aircraft or turbojetpowered).246
The FAA recognizes that there may be
private pilots who seek to operate a
powered-lift under VFR without ever
obtaining an instrument-powered-lift
rating. In light of the current regulatory
framework for private pilots with
airplane and helicopter ratings, the
limited privileges associated with the
private pilot certificate, and the
underlying reasons for requiring type
245 There are circumstances under which a
private pilot would be required to hold an
instrument rating. To act as PIC of a civil aircraft
under IFR or in weather conditions less than the
minimums prescribed for VFR flight, a person must
hold the appropriate instrument rating on that
person’s pilot certificate. 14 CFR 61.3(e)(1).
Additionally, to act as SIC of an aircraft type
certificated for more than one required pilot
flightcrew member or in operations requiring a SIC
pilot flightcrew member, a person must hold an
instrument rating or privilege that applies to the
aircraft being flown if the flight is conducted under
IFR. 14 CFR 61.55(a)(2).
246 Currently, § 61.31(a)(2) applies to turbojetpowered airplanes. However, in the future, if the
FAA proposes an amendment to establish classes
for powered-lift, it would also propose a
corresponding amendment to § 61.31(a)(2) to
include turbojet-powered powered-lift.
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ratings for all powered-lift, the FAA is
proposing in § 194.211(b)(6) to except
certain private pilots from the
requirement to remove the ‘‘VFR only’’
limitation set forth in proposed
§ 194.211(b)(3). Specifically, a private
pilot who obtains a ‘‘VFR only’’ type
rating for a powered-lift that is less than
(or equal to) 12,500 pounds,247
maximum certificated takeoff weight,
and not turbojet-powered would not be
required to remove the ‘‘VFR only’’
limitation within a certain timeframe.
The FAA finds that this proposal
would not adversely affect safety. The
proposed exception for the
aforementioned private pilots would
result in an outcome consistent with
airplane and helicopter pilots under
current § 61.63(d)(1), as a private pilot
seeking a powered-lift type rating would
be required to hold or concurrently
obtain an instrument-powered-lift rating
only if the aircraft is large or turbojetpowered. This would enable private
pilots seeking to operate a powered-lift
under VFR only to obtain the required
category and type ratings for the
powered-lift without also obtaining the
appropriate instrument rating.
Additionally, a private pilot has limited
privileges compared to a commercial
pilot. Current § 61.113(a), which sets
forth private pilot privileges and
limitations, serves as a sufficient
safeguard to ensure an appropriate level
of safety. Specifically, a person who
holds a private pilot certificate is
generally prohibited from acting as PIC
of an aircraft that is operating for
compensation or hire, or that is carrying
passengers or property for compensation
or hire.248 Therefore, a private pilot
with a ‘‘VFR only’’ type rating would
not be permitted to operate the
powered-lift for compensation or hire or
carry persons or property for
compensation or hire.249
Furthermore, recognizing the reasons
for requiring a type rating for each type
of powered-lift, the FAA concludes that
a private pilot who passes a ‘‘VFR only’’
type rating practical test would still be
required to be trained and tested on the
unique design and operating
characteristics of each powered-lift.
While the private pilot would not be
required to perform the instrument
maneuvers and procedures required for
247 This aligns with the definition of large aircraft,
provided in § 1.1 as aircraft more than 12,500
pounds, maximum certificated takeoff weight.
248 14 CFR 61.113(a).
249 Section 61.113(a) prohibits private pilots from
acting as PIC for compensation or hire or from
acting as PIC carrying persons or property for
compensation or hire. Section 61.113(b) through (h)
contain limited exceptions to these general
prohibitions (e.g., expense-sharing with
passengers).
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a type rating on the practical test, the
pilot would still be required to
demonstrate mastery of the powered-lift
on the type rating practical test while
performing the required tasks using
visual references. Additionally, because
the private pilot would hold a ‘‘VFR
only’’ limitation for the powered-lift
type, the pilot would be authorized to
operate the powered-lift only under the
conditions for which the pilot
demonstrated proficiency of the aircraft,
meaning the pilot could not act as PIC
under IFR or weather conditions less
than the minimums for VFR.
In addition to proposing an exception
in proposed § 194.211(b)(6) that would
enable private pilots of certain poweredlift to retain the ‘‘VFR only’’ type rating
indefinitely, the FAA is proposing
§ 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 poweredlift are not large or turbojet-powered.
Consistent with current § 61.63(d)(4)
and (e) and proposed § 194.211(b)(2),
the applicant would not be required to
perform the VFR only type rating
practical test in actual or simulated
instrument conditions.
While the FAA is not proposing to
require private pilots to remove ‘‘VFR
only’’ limitations when those
limitations apply to powered-lift that
are not large aircraft and not turbojetpowered, the FAA is proposing rule
language that would provide these
private pilots with the option to do so.
A private pilot would remove the ‘‘VFR
only’’ limitation in the same manner as
discussed in this section (i.e., through
proposed § 194.211(b)(4)).
iii. Clarification of Requirements for a
Practical Test in an Aircraft That
Requires a Type Rating
As previously discussed, the FAA is
proposing relief to prevent a pilot
seeking powered-lift ratings from having
to complete three practical tests
simultaneously. The proposed relief is
consistent with the FAA’s longstanding
view that a person who uses an aircraft
that requires a type rating for the
practical test cannot complete the
practical test if it does not include the
tasks and maneuvers for the type rating
(which are the same tasks and
maneuvers required for an ATP
certificate with category and class
ratings). In essence, it is not possible to
demonstrate mastery of the aircraft as
required by § 61.43(a) in an aircraft that
requires a type rating by performing the
tasks and maneuvers for a category and
class rating alone. As such, when an
applicant furnishes an aircraft that
requires a type rating (or an FSTD that
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represents an aircraft requiring a type
rating) for a practical test, the applicant
must meet the requirements for the type
rating under § 61.63(d) for a private
pilot or commercial pilot certificate or
§ 61.157(b) for an airline transport pilot
certificate.250 The FAA notes that the
Fifth Circuit recently concluded that
FAA’s regulations do not currently
require an applicant furnishing an
aircraft that requires a type rating to also
satisfy all of the requirements for the
type rating.251 Therefore, the FAA is
proposing to add language to make
completely clear that a person may not
furnish an aircraft that requires a type
rating (or an FSTD representing an
aircraft requiring a type rating) for the
practical test without being eligible for
a type rating and applying for a type
rating, unless the person already has the
type rating.
Given the relevancy of the issue to
this rulemaking, the FAA proposes three
amendments in part 61. First, the FAA
proposes to clarify certain prerequisites
for practical tests by revising
§ 61.39(a)(3). Specifically, paragraph
(a)(3) requires an applicant for a
practical test for a certificate or rating
issued under part 61 to accomplish the
required training and obtain certain
aeronautical experience. The FAA
proposes to revise paragraph (a)(3),
which requires a person applying for a
practical test to meet the training and
aeronautical experience for the
certificate or rating sought. The FAA
proposes to create paragraphs (a)(3)(i)
and (ii). Paragraph (a)(3)(i) would retain
the currently situated requirement that
if an applicant applies for a practical
test with flight time accomplished
under § 61.159(c), the applicant must
present certain records required by part
135. The FAA proposes to add new
paragraph (a)(3)(ii), which would
require an applicant seeking an initial
category and class rating, if a class
rating is required, on a private,
commercial, or ATP certificate in an
aircraft that requires a type rating (or a
FSTD that represents an aircraft that
requires a type rating) to either meet the
250 To be eligible for a type rating practical test,
a pilot must receive training on the areas of
operation listed in § 61.157(e) that apply to the
aircraft type rating. 14 CFR 61.63(d)(2) and
61.157(b). The detailed tasks associated with each
area of operation are provided in the ATP and Type
Rating ACS. How a task is performed may vary
depending on the systems and capabilities of the
aircraft type. Therefore, to satisfactorily complete a
type rating practical test, a pilot should be trained
on how to perform the tasks specified for each area
of operation in the aircraft for which a type rating
sought. The flight training should prepare the pilot
to demonstrate mastery of the aircraft by performing
each task successfully. 14 CFR 61.43(a).
251 See Flight Training Int’l, Inc. v. Fed. Aviation
Admin. 58 F.4th 234 (5th Cir. 2023).
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eligibility requirements for a type rating
in that aircraft or already hold that type
rating on the person’s pilot certificate.
In other words, regardless of whether an
applicant tests in an aircraft or tests in
an FSTD, if the applicant furnishes an
aircraft (or aircraft represented) that
requires a type rating for the practical
test, then the applicant must be eligible
for the type rating practical test 252
unless the applicant already holds the
type rating.
The general procedures for practical
tests are set forth in § 61.43. The FAA
finds this is the most appropriate place
to clarify the relationship between an
ATP practical test and a type rating
practical test. Therefore, the FAA
proposes new paragraph (g) to clarify
that a practical test for an ATP
certificate with category and class
ratings (if a class rating is required) in
an aircraft that requires a type rating, or
in an FSTD that represents an aircraft
that requires a type rating, includes the
same tasks and maneuvers as a practical
test for a type rating. This proposed
change would foreclose the concept that
a lesser test can be administered for
category and class ratings at the ATP
certificate level.
Finally, the FAA proposes a
conforming amendment applicable to
those examiners who are authorized by
the Administrator to conduct practical
tests.253 Specifically, the proposed new
§ 61.47(d) would restrict an examiner
from conducting a practical test for the
issuance of an initial category and class
rating (if a class rating is required) in an
aircraft that requires a type rating (or
corresponding FSTD) to an applicant
who does not already have the type
rating unless, first, the applicant meets
the eligibility requirements for a type
rating and, second, the practical test
contains the tasks for a type rating
specified for the areas of operation at
the airline transport pilot certificate
level. The FAA also proposes to revise
the heading of § 61.47 to more
accurately describe the regulations set
forth in the section. The FAA notes that
an examiner may never conduct a
practical test if an applicant does not
meet the eligibility requirements for the
252 The FAA notes that the practical test for an
ATP certificate with category and class ratings is
the same test for a type rating. The FAA speaks in
its regulations to ‘‘concurrent’’ tests because it is
not possible to have successfully completed the
testing requirements for category and class ratings
at the ATP certificate level in an aircraft requiring
a type rating without also completing the
requirements for a type rating.
253 See 49 U.S.C. 44702(d), which gives the
Administrator the authority to delegate a matter
related to the examination, testing, and inspection
necessary to issue a certificate under part 61.
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certificate or rating sought.254 However,
the FAA wishes to clarify that an
applicant cannot avoid the training
requirements for a type rating by
‘‘seeking’’ only a category and class
rating at the ATP certificate level. The
proposed change would make clear that
an examiner may not conduct a
practical test in an aircraft that requires
a type rating unless the applicant is
eligible for the type rating.
The FAA finds that the three
regulations, in tandem, will sufficiently
ensure that a scenario is avoided where
someone seeks a category or class rating
in an aircraft that requires a type rating
without fully demonstrating mastery of
the aircraft furnished for the practical
test. The FAA notes that in the case of
an airplane or rotorcraft, an applicant
retains the option of furnishing an
aircraft that does not require a type
rating if the applicant seeks only
category and class ratings. For poweredlift, which as proposed would all
require type ratings, an applicant would
be foreclosed from seeking a poweredlift category rating without concurrently
obtaining a type rating.
H. Miscellaneous Amendments
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1. Aeronautical Experience for Private
Pilot Applicants (§ 61.109(e)(5))
Section 61.109 sets forth the
aeronautical experience requirements
that an applicant must meet to be
eligible for a private pilot certificate.
Section 61.109 contains several
paragraphs that prescribe specific
aeronautical experience requirements
for the respective rating sought.
Specifically, for airplane single-engine
and helicopter ratings, § 61.109(a) and
(c) require 10 hours of solo flight time
in the category and class of aircraft for
which the rating is sought. Similarly, for
an airplane multiengine rating,
§ 61.109(c) requires 10 hours of solo
flight time in any airplane. However, for
a powered-lift category rating,
§ 61.109(e)(5) currently allows an
applicant to obtain 10 hours of solo
flight time in either an airplane or a
powered-lift.255
254 For example, if an examiner is presented with
an applicant for a commercial pilot certificate who
has only 100 hours total flight time, no test may be
administered due to the applicant’s ineligibility for
the practical test.
255 Specifically, § 61.109(e)(5) requires 10 hours
of solo flight time in an airplane or powered-lift
consisting of at least: (1) five hours of cross-country
time; (2) one solo cross-country flight of 150
nautical miles total distance with three full-stop
landings at three points and one segment of the
flight consistent of a straight-line distance of more
than 50 nautical miles between takeoff and landing
locations; and (3) three takeoffs and landings to a
full stop (with each landing involving a flight in the
traffic pattern) at an airport that has an operating
control tower.
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As discussed, the FAA added the
aeronautical experience requirements
for powered-lift in the 1997 final
rule.256 In the preamble to that final
rule, the FAA explained that it was
permitting an applicant for a poweredlift rating to accomplish solo flight time
in an airplane or powered-lift in
response to concerns raised by
commenters regarding the ability for a
pilot to rent or be insured to fly solo in
a multiengine aircraft without holding a
multiengine rating.257 At the time of the
1997 final rule, the FAA could not
anticipate the manner in which the
powered-lift category would emerge.
As noted earlier in the preamble, the
FAA anticipates that the initial
powered-lift that will obtain type
certification are intended for
commercial purposes. However, a
number of manufacturers are also
engaged in developing powered-lift that
would be for personal use. As explained
in section V.A of this preamble, the
FAA proposes to require a type rating
for each powered-lift because it is not
feasible to establish classes of poweredlift due to their significantly different
flight characteristics. Because there are
no powered-lift classes, and the FAA
declines at this time to differentiate
between multiengine and single engine
powered-lift classes,258 the FAA finds
that the lack of a multiengine poweredlift class rating would not preclude a
pilot from renting a powered-lift.
Additionally, to the extent a pilot may
obtain a multiengine airplane rating, the
FAA finds that holding such a rating
would not provide any assurance that
the pilot has the skills necessary to
operate a powered-lift. The FAA,
therefore, finds that the concerns noted
in the 1997 preamble are no longer
valid. Furthermore, permitting a private
pilot applicant to obtain 10 hours of
solo flight time in an airplane for the
purpose of obtaining a powered-lift
category rating presents a significant
safety issue because airplane and
powered-lift are two very different
categories of aircraft.
As discussed in section V.A of this
preamble, not only do different
powered-lift vary widely within the
respective category, they are essentially
a hybrid between an airplane and a
helicopter. When flying an airplane, the
applicant will never encounter the
vertical take-off and landing
characteristics fundamental to a
powered-lift. The most critical phases of
256 Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, Final Rule, 62 FR
16220 (Apr. 4, 1997).
257 Id. at 16264–65.
258 See section VII.A of this preamble for
additional discussion.
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flight for airplanes and helicopters, and
where most accidents occur, are during
the takeoff and landing phases of
flight.259 For example, improper
application of an airplane’s flight
controls at slow airspeeds could result
in a stall and spin event, oftentimes
resulting in accidents. Similarly,
improper application of flight control
inputs during the takeoff and landing in
a helicopter can result in loss of control.
For example, during takeoff, a
helicopter encounters aerodynamics
events such as effective translational lift
and transverse flow effect that are
specific to a rotor system transitioning
from hovering to forward flight.260
These anomalies require specific inputs
to assure that a safe transition to
forward flight can occur during takeoff
and transition to en route flight. The
FAA anticipates that the most critical
phases of flight for powered-lift will
also be during the takeoff and landing
phases of flight. It is important for a
private pilot applicant to gain
experience with the operating
characteristics of a powered-lift as the
sole occupant onboard during the
takeoff and landing phases of flight.
In light of the different operating
capabilities of airplanes compared to
powered-lift, the FAA concludes that
the skills acquired during solo flight
time in an airplane are not
interchangeable with the skills acquired
during solo flight time in a poweredlift.261 An applicant for a private pilot
certificate seeking a powered-lift rating
must obtain experience operating the
powered-lift on solo flights to ensure the
applicant has a sufficient amount of
aeronautical experience manipulating
the controls of the powered-lift as the
sole occupant. This flight time is critical
to the development of a skilled, safe
pilot as it fosters the applicant’s
decision-making skills, enables the
applicant to reinforce the skills acquired
during training as the sole manipulator
259 Phase of Flight for General Aviation
Accidents, 2018 Aviation: Data & Stats (ntsb.gov).
260 Helicopter Flying Handbook, Helicopter
Flying Handbook (FAA–H–8083–21B) Chapter 2,
pages 2–22 and 2–23.
261 The FAA acknowledges that a recent final rule
permits military powered-lift pilots to credit time
in horizontal flight in a powered-lift toward the
airplane requirements for an ATP certificate. This
final rule was based on the operational similarities
between military powered-lift in horizontal flight
and airplanes. Allowing an experienced military
powered-lift pilot to credit a portion of flight time
in powered-lift toward a subset of the time required
for an airplane rating at the ATP certificate level is
wholly distinguishable from allowing training time
in an airplane to be used to satisfy time in a
powered-lift at the start of a person’s flying
experience. Recognition of Pilot in Command
Experience in the Military and Air Carrier
Operations, Final Rule, 87 FR 57578 (Sep. 21,
2022).
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of the controls, and ensures the
applicant develops the skills necessary
to operate the powered-lift during the
critical phases of flight.
For the reasons stated previously, the
FAA is proposing to amend
§ 61.109(e)(5) to require an applicant for
a private pilot certificate with a
powered-lift category rating to obtain 10
hours of solo flight time in a poweredlift. 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 § 61.109 that
apply to persons seeking airplane and
helicopter ratings.
2. Removal of §§ 61.63(h) and 61.165(g)
Before 2004, § 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 § 61.31 to require
persons to hold the appropriate category
and class rating when carrying a
passenger regardless of the aircraft’s
airworthiness certificate. The
amendment also established a method
to credit previous experience gained in
an experimental aircraft to ensure pilots
complied with the revised
provisions.262 Specifically, to ensure
that pilots operating under regulations
before the final rule change requiring
appropriate category and class ratings
complied with the revised provisions,
the FAA added §§ 61.63(k) and
61.165(f), which is currently situated as
§§ 61.63(h) and 61.165(g). These
provisions permit certificated pilots
who hold a recreational pilot certificate
or higher but do not have a category and
class rating to operate the experimental
aircraft to apply for a category and class
rating with the limitation ‘‘experimental
aircraft only’’ and a designation for the
make and model aircraft authorized to
be operated. Pilots seeking this privilege
are required to have logged at least 5
hours of PIC time in the same category,
class, make, and model of aircraft issued
an experimental certificate. The
applicant is required to receive a
logbook endorsement from an
authorized flight instructor who has
determined that they are proficient to
act as PIC of the same category and class
of aircraft.
Additionally, the FAA required the 5
hours of flight time to have been logged
262 Certification of Aircraft and Airmen for the
Operation of Light-Sport Aircraft, Final Rule, 69 FR
44772, 44829 (Jul. 27, 2004). This amendment was
adopted as § 61.31(k)(2)(iii)(B), but is currently
codified as § 61.31(l)(2)(iii)(B). 74 FR 42499, 42548.
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between September 1, 2004, and August
31, 2005. The FAA reasoned that the 5
hours of PIC time received within the
12-month window, as well as the
endorsement from a flight instructor,
ensures recent experience and necessary
skills in the category and class of
experimental aircraft that the applicant
intends to operate. Upon satisfaction of
these requirements, the FAA will issue
the applicant a new pilot certificate
with the additional category and class
rating and the limitation ‘‘experimental
aircraft only’’ without any further
testing.
After more than 15 years since initial
codification, the FAA anticipates that
individuals that were operating under
the pre-2004 requirements have already
utilized §§ 61.63(h) and 61.165(g) to
obtain a limited category and class
rating. As a result, the FAA proposes to
remove §§ 61.63(h) and 61.165(g). The
FAA notes that these subsections would
be removed upon the effective date of
the final rule. Therefore, any certificate
holders that have not yet obtained a
limited category and class rating under
§§ 61.63(h) and 61.165(g), but wish to
do so, would have until that date to
utilize the provisions.
3. ATP Privileges and Limitations
(§ 61.167)
Section 61.167 prescribes the
privileges and limitations for an ATP
certificate holder. Currently, under
§ 61.167(a)(2), a person who holds an
ATP certificate and has met the
aeronautical experience requirements of
§ 61.159 or § 61.161 and the age
requirements of § 61.153(a)(1) may
instruct other pilots in air transportation
service in accordance with the
requirements set forth in
§ 61.167(a)(2)(i) through (iv). Section
61.159 contains the aeronautical
experience requirements for an
applicant seeking an ATP certificate
with an airplane category and class
rating, and § 61.161 contains the
aeronautical experience requirements
for an applicant seeking an ATP
certificate with a rotorcraft category and
helicopter class rating. Currently,
because § 61.167(a)(2) references only
§§ 61.159 and 61.161, the privileges for
ATPs set forth in § 61.167(a)(2) do not
extend to an ATP certificate holder who
has met the aeronautical experience
requirements for powered-lift in
§ 61.163.263 As such, powered-lift ATPs
may not instruct in accordance with
§ 61.167(a)(2)(i) through (iv).
263 Section 61.163 contains the aeronautical
experience requirements for an applicant seeking an
ATP certificate with a powered-lift category rating.
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As explained in section V.F of this
preamble, § 61.3(d)(3)(ii) permits a
person to instruct in accordance with an
approved training program under part
135 without holding a flight instructor
certificate, provided that person holds
an ATP certificate with the ratings
appropriate to the aircraft in which
training is given. The FAA is therefore
proposing to amend § 61.167(a)(2) to
include a reference to the aeronautical
experience requirements in § 61.163.
This proposed amendment would
ensure that persons who obtain an ATP
certificate with the appropriate
powered-lift ratings may instruct other
pilots in air transportation service in
powered-lift, consistent with what is
permitted for persons who hold an ATP
certificate with either airplane or
helicopter ratings. The FAA notes that,
under proposed § 194.205, the proposed
change to § 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 § 194.243(a).
4. Second-in-Command Time in Part
135 Operations
In 2018, the FAA issued a final rule
that amended § 135.99 to allow a
certificate holder to receive approval of
an SIC professional development
program (SIC PDP).264 An SIC PDP
allows the certificate holder’s pilots to
log SIC time in certain operations 265
conducted under part 135 in an airplane
or operation that does not otherwise
require an SIC.266 As described in that
final rule, a comprehensive SIC PDP
provides opportunities for beneficial
flight experience that may not otherwise
exist. Recognizing the benefits of that
flight time, the FAA also amended
§§ 61.159 and 61.161 to allow a pilot to
credit SIC time logged under an SIC PDP
towards certain flight time requirements
for an ATP certificate with an airplane
category or a rotorcraft category and
helicopter class rating.267 In the NPRM
that preceded the 2018 final rule,268 the
264 Regulatory Relief: Aviation Training Devices;
Pilot Certification, Training, and Pilot Schools; and
Other Provisions final rule, 83 FR 30240 (Jun. 27,
2018).
265 Under an SIC PDP, the aircraft must be either
a multiengine airplane or a single-engine turbinepowered airplane. See 14 CFR 135.99(c)(2).
266 Prior to the 2018 final rule, a person serving
as SIC in a part 135 operation could log SIC time
only if more than one pilot was required under the
type certification of the aircraft or the regulations
under which the flight was being conducted. 14
CFR 61.51(f)(2).
267 Regulatory Relief: Aviation Training Devices;
Pilot Certification, Training, and Pilot Schools; and
Other Provisions: Final Rule, 83 FR 30240 (Jun. 27,
2018).
268 Regulatory Relief: Aviation Training Devices;
Pilot Certification, Training, and Pilot Schools; and
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FAA acknowledged the value of pilot
experience gained by airmen who have
been properly trained to serve as SIC in
the air carrier environment. In Public
Law 111–216, Congress directed the
FAA to ensure that applicants for an
ATP certificate have received flight
training, academic training, or
operational experience that will prepare
the pilot to, among other things,
function effectively in a multipilot
environment, adhere to the highest
professional standards, and function
effectively in an air carrier operational
environment. The FAA determined that
permitting pilots to credit SIC time
logged under an SIC PDP, which
provides an appropriate training and
mentoring environment, towards the
flight time requirements for ATP
certification would support the
congressional directive and provide an
effective method to acquire experience
for ATP certification. Additionally, the
experience acquired under an SIC PDP
would provide a strong foundational
experience for the development of a
professional pilot.
For the same reasons, the FAA
concludes that a pilot should be able to
credit SIC time logged under an SIC PDP
towards an ATP certificate with a
powered-lift category rating as is
allowed for pilots applying for an ATP
certificate with an airplane category or
a rotorcraft category and helicopter class
rating. Specifically, the FAA proposes to
amend § 61.163 to add paragraph (c) to
allow SIC time logged under an SIC PDP
to be counted towards the total time as
a pilot required by § 61.163(a) and the
specific flight time requirements for
ATP certification set forth in
§ 61.163(a)(1), (2), and (4) (e.g., crosscountry time, night flight time, and
instrument flight time). A person may
not credit the SIC time logged under an
SIC PDP towards the powered-liftspecific flight time requirements of
§ 61.163(a)(3) because the aircraft
operated under an approved SIC PDP
must be a multiengine airplane or a
single-engine turbine-powered airplane.
The proposed amendment to § 61.163
would ensure that a commercial pilot
can log SIC flight time acquired under
a SIC PDP towards an ATP certificate
with a powered-lift category rating in
the same manner as currently allowed
for an ATP certificate with an airplane
category rating or a rotorcraft category
and helicopter class rating.269
Other Provisions NPRM, 81 FR 29728 (May 12,
2016).
269 This proposal would not enable a part 135
operator to seek approval of an SIC PDP in
powered-lift. The FAA is not proposing changes to
the aircraft requirements for an SIC PDP set forth
in § 135.99(c).
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The FAA notes that the International
Civil Aviation Organization (ICAO)
currently has a standard for logging
flight time to meet the standards for
certificates and ratings that does not
recognize the crediting of flight time
when a pilot is not required by the
aircraft certification or the operation
under which the flight is being
conducted. However, ICAO currently
has only recommended practices, as
opposed to standards, for minimum
flight time requirements for powered-lift
ratings. If these ICAO recommended
practices become standards prior to the
FAA’s publication of a final rule, the
pilots who rely on flight time logged
under an SIC PDP to meet the
requirements for an ATP certificate with
a powered-lift category rating must have
a limitation on their ATP certificates
indicating that they do not meet the PIC
aeronautical experience requirements of
ICAO. This limitation may be removed
when the pilot presents satisfactory
evidence that they have met the new
ICAO standards.270 The FAA proposes
to add paragraphs (d) and (e) to § 61.163
to include the requirement for the ICAO
limitation and the requirements for
removing the limitation, under the
assumption that the ICAO
recommendations for powered-lift will
become the ICAO standards for
powered-lift in the future. The FAA will
reevaluate the status of ICAO’s
powered-lift experience provisions prior
to issuing a final rule to determine
whether the proposed rule language in
§ 61.163(d) and (e) are necessary.
5. References to Category and Class
The FAA has identified several
regulations in part 61 that contain
references to the category and class of
aircraft. As previously explained, the
FAA is not establishing classes of
powered-lift. As a result, the
requirements that must be met for the
appropriate class of aircraft would
present a problem for powered-lift
pilots. For example, because a poweredlift pilot would hold a category rating
but not a class rating, that pilot would
not be able to satisfy requirements, such
as § 61.3(e), that require the person to
hold the appropriate category and class
rating. Additionally, because there
would be no classes of powered-lift,
persons would be unable to satisfy the
requirements for an aircraft, flight
simulator, or FTD to represent the
category and class of powered-lift. The
FAA is therefore proposing to update
270 See Regulatory Relief: Aviation Training
Devices; Pilot Certification, Training, and Pilot
Schools; and Other Provisions NPRM, 81 FR 29728
(May 12, 2016).
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the regulatory references to category and
class throughout part 61 to make clear
that the reference to class is only
appropriate if the regulations require
classes for the category of aircraft.271
The following sections would be
amended to reflect this change:
§§ 61.3(e)(1) and (2), (f)(2)(i) and (ii),
and (g)(2)(i) and (ii); 61.45(a)(1)(i) and
(a)(2)(ii); 61.51(f)(2); 61.57(a)(1)(ii),
(b)(1)(ii), and (g)(1) and (4); and
61.64(a)(1) and (g)(1).
The FAA has also identified
numerous provisions in part 141 and its
appendices that reference category and
class of aircraft. The qualification
requirements for chief flight instructor,
assistant flight instructor, and check
instructor contained in §§ 141.35(a)(1),
141.36(a)(1), and 141.37(a)(2)(ii) require
that the person hold a commercial pilot
certificate or ATP certificate and a
current flight instructor certificate. For
flight training, these certificates must
contain the appropriate aircraft
category, class, and instrument ratings
(if required) for the category and class
of aircraft used in the course. For checks
and tests related to ground training, to
be eligible to be designated as a check
instructor, § 141.37(a)(3)(ii) requires the
person to hold a current flight instructor
certificate or ground instructor
certificate with the ratings appropriate
to the category and class of the aircraft
used in the course.272 Additionally, the
course content contained in the
appendices also references class of
aircraft, which is inapplicable when a
powered-lift is used in a course of
training. The references to class of
aircraft in these provisions pose the
same issues as the references to class in
part 61 for powered-lift pilots (i.e.,
powered-lift pilots would be able to
satisfy requirements for category ratings,
but not class ratings).
However, the FAA has determined
that a different approach would best
address the references to class
throughout part 141. The only
regulatory requirements that reference
271 See 14 CFR 61.5(b) (prescribing the various
ratings that are placed on a pilot certificate, other
than student pilot, when an applicant satisfactorily
accomplishes the training and certification
requirements for the rating sought).
272 The FAA recognizes that category and class
ratings are not placed on a ground instructor
certificate. Rather, pursuant to § 61.5(d), the FAA
places basic, advanced and instrument ratings on a
ground instructor certificate. Therefore, the
requirement to hold the appropriate category and
class ratings on an instructor certificate in
§ 141.37(a)(3)(ii) applies to persons who hold a
flight instructor certificate. The FAA is not
proposing any permanent amendments to part 141
in this rulemaking. Thus, the FAA is not proposing
to update § 141.37(a)(3)(ii) at this time. However,
the FAA may contemplate a clarifying amendment
to § 141.37(a)(3)(ii) in a future rulemaking.
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class are those qualification
requirements discussed previously. The
FAA proposes § 194.241, which would
remove the qualification requirement to
hold a class rating in §§ 141.35(a)(1),
141.36(a)(1), and 141.37(a)(2)(ii) and
(a)(3)(ii) when a powered-lift is used in
the course. Additionally, proposed
§ 194.241(a) and (b) would delineate the
certificates and aircraft ratings a person
must hold to be designated as a chief
instructor, an assistant chief instructor,
or a check instructor (for checks and
tests that relate to flight training and
ground training) when a powered-lift is
used in the course. As discussed in
section V.A of this preamble, due to the
significant operational differences
between each powered-lift, the FAA is
not establishing classes of powered-lift
but is instead requiring the PIC of a
powered-lift to hold a type rating for the
aircraft. Therefore, in delineating the
ratings that must be held on the pilot
certificate for persons seeking
designation as a chief instructor, an
assistant chief instructor, or a check
instructor (for checks and tests that
relate to flight training), the FAA
proposes to add the requirement that a
person must hold a powered-lift type
rating.273
Other than the qualification
requirements in §§ 141.35(a)(1),
141.36(a)(1), and 141.37(a)(2)(ii), the
references to class in part 141 exist in
the appendices. Each appendix contains
content pertaining to a course of
training for a certificate or rating. For
the same reasons previously discussed,
the FAA proposes § 194.249(b) that
would make the references to class
contained in course content in the
appendices to part 141 inapplicable
when a powered-lift is used for a course
of training. This SFAR provision would
accurately and comprehensively resolve
each problematic reference to class in
the appendices to part 141.
Additionally, it would provide the FAA
time to assess which permanent changes
273 This proposed requirement provides
additional clarity regarding the need for these
instructors to hold a powered-lift type rating to
receive these designations. Under the part 141
regulations discussed in this section and the
proposed SFAR provision of § 194.241, to be
designated a chief instructor, assistant chief
instructor, or a check instructor (for checks and
tests that relate to flight training), a current flight
instructor certificate must be held. A person who
holds a flight instructor certificate is subject to the
limitations contained in § 61.195. Specifically,
§ 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.
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will be needed in the appendices to part
141 to accommodate the use of
powered-lift in the certification and
rating courses long-term.
In addition to the class references
identified in parts 61 and 141, there are
several class references throughout
subpart K of part 91 and parts 135 and
142 that pose challenges for poweredlift pilots, program managers, training
centers, and other affected persons and
entities. Under subpart K of part 91,
§ 91.1055(b)(2) references class of
aircraft. Section 91.1055(b)(2) allows
deviation from flight-time hour
requirements for PICs and SICs
operating program flights if an existing
program manager adds a new category
and class of aircraft to its fleet not used
before in its operation. In the absence of
classes for powered-lift, fractional
ownership program managers could not
utilize this deviation authority. To
remedy the discrepancy posed by the
reference to the aircraft class
requirement in this section, the FAA
proposes § 194.245(b) to clarify that this
reference to class is inapplicable when
a powered-lift is used for the operation
under subpart K of part 91.
Under part 135, §§ 135.4(b)(2),
135.247(a)(1) and (2), and 135.603 also
reference class of aircraft. Specifically,
§ 135.4(b)(2) closely aligns with the text
of § 91.1055(b)(2)—allowing deviation
from certain crewmember experience
requirements if the certificate holder
adds to its fleet a new category and class
of aircraft not used before in its
operation. Section 135.247(a)(1) and (2)
require a PIC in an aircraft carrying
passengers to make three takeoffs and
landings, and three additional takeoffs
and landings for operations after sunset
and before sunrise, as the sole
manipulator of the flight controls in an
aircraft of the same category, class, and
type, if a type rating is required, in
which that person is to serve. Finally,
§ 135.603 requires the PIC of a
helicopter air ambulance operation to
meet the requirements of § 135.243 and
to hold either a helicopter instrument
rating or an ATP certificate with a
category and class rating for that
aircraft, not limited to VFR.274
These class references would
similarly pose challenges for part 135
certificate holders. Therefore, for the
same reasons as described above, the
FAA proposes § 194.249(a) to clarify
that these references to class are
inapplicable when a powered-lift is
used for the operation under part 135.
274 The FAA proposes that § 135.603 apply to
powered-lift conducting operations in accordance
with subpart L of part 135 under proposed
§ 194.308(n). See VI.D.1.vi (explaining rationale for
applying § 135.603 to powered-lift operations).
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Lastly, under part 142,
§§ 142.11(d)(2)(ii), 142.49(c)(3)(iii),
142.53(b)(1), and 142.65(b)(1) reference
class of aircraft. As a result, training
center certificate holders and instructors
would be unable to apply for issuance
or amendment of training specifications,
comply with instructor and certificate
holder privileges and limitations, or
satisfy the instructor training and testing
requirements. As a result, the FAA
proposes § 194.249(c) to clarify that
references to class of aircraft in these
sections do not apply when operating
powered-lift or flight simulation devices
representing powered-lift under part
142.
I. Part 135 Pilot Qualifications
1. Statement of the Issue & Introduction
On December 7, 2022, the FAA
proposed revisions to 14 CFR parts 110
and 119 to enable powered-lift
operations in part 135.275 The potential
introduction of powered-lift in part 135
operations requires the FAA to propose
updates to current crewmember training
and qualification requirements in that
part.276 The current regulatory
framework in subparts A, E, G, and H
of part 135 was initially codified
without contemplation of powered-lift
operations. Unlike part 61, the 1997
final rule that first introduced poweredlift in 14 CFR did not include updates
to part 135.277 Such changes were
unnecessary due to the fact that
powered-lift could not operate in part
135. Consequently, the FAA’s current
proposal to amend part 135 includes
introducing powered-lift into the
regulatory training and qualification
paradigm, rather than simply updating
or modifying existing powered-lift
requirements.
To integrate the operation of these
unique aircraft into the existing part 135
crewmember training and qualification
structure, the FAA proposes a two-fold
amendatory framework, proposing both
permanent regulatory amendments and
temporary SFAR requirements. The
FAA’s proposed SFAR requirements are
intended to facilitate the training and
qualification of the initial groups of part
135 pilots, flight instructors, and check
pilots. In many instances, the training
and qualification requirements
applicable to airplane pilots in part 135
would also be applied to powered-lift
275 Update to Air Carrier Definitions NPRM, 87
FR 74995.
276 Section VI of this NPRM sets forth the
proposed changes to the operational rules for
powered-lift in parts 91 and 135.
277 Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, 62 FR 16220 (Apr.
4, 1997).
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pilots.278 Due to the energy or fuel
consumption while operating vertically
in a powered-lift, the FAA anticipates
that powered-lift will quickly transition
to horizontal flight utilizing the wings
like an airplane to afford powered-lift a
much larger operational range and faster
speeds to optimize operational
capabilities. Resultantly, powered-lift
pilots must possess many of the same
skills and experience as their airplane
pilot counterparts.279
At the same time, some of the FAA’s
proposals recognize the operational
differences in the capability of poweredlift and the associated challenges of
integrating a new category of aircraft
into the NAS for civilian use. Given
these known operational distinctions,
there are instances where existing
airplane or helicopter training and
qualification pilot rules do not readily
apply. For example, some powered-lift
flight control designs differ from both
conventional airplane and helicopter
controls, necessitating specific training
and qualification requirements to ensure
proper pilot handling and safety during
flight. In those cases where neither
airplane nor helicopter training and
qualification rules fit the operational
capabilities of powered-lift, the FAA
proposes new temporary or permanent
requirements designed to facilitate the
readiness of powered-lift pilots to safely
integrate into the NAS. The FAA’s
SFAR proposals and permanent
amendments seek to balance the
demand for safety in part 135 operations
while recognizing the operational
uniqueness of powered-lift and
encouraging the integration of these new
aircraft operations under this part.
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2. Relevant History & Background
Part 135 prescribes operating
requirements for commuter and ondemand operations. Specifically,
subpart A prescribes the operations and
personnel that are affected by the part,
and subpart E details flight crewmember
qualification requirements. Subparts G
and H set forth the testing and training
requirements for crewmembers.
On October 10, 1978, the FAA
substantially amended the part 135
278 For example, the proposed permanent
amendments to § 135.243(a)(3) and (b)(5) are similar
to the PIC qualifications for airplane pilots in
§ 135.243(a)(1) and (b)(3).
279 The FAA recently published a final rule
permitting military pilots and former military pilots
to credit flight time in horizontal flight in poweredlift toward the flight time requirements for an ATP
certificate with an airplane category rating.
Commenters to that rule estimated that military
pilots operate powered-lift in horizontal flight
between 80–99% of the time. Recognition of Pilot
in Command Experience in the Military and Air
Carrier Operations, 87 FR 57580 (Sep. 21, 2022).
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regulations that governed commuter air
carriers and on-demand air taxi
operators.280 These regulations were
enacted to update the requirements of
part 135 in response to anticipated
growth in operations stemming from
legislative efforts to deregulate the
airline industry.281 In particular, the
FAA anticipated the passage of the
Airline Deregulation Act of 1978 and
sought to update its regulations prior to
the Act’s codification.282 In that Act,
Congress mandated that the FAA
modify its regulatory framework to
ensure commuter air carriers afford
passengers the same level of safety as
that granted to passengers travelling on
other certificated carriers.283 As a result
of the FAA’s prior rulemaking in
anticipation of this legislation, no
further amendments were necessary
after the Act’s promulgation.284
In 1980, the FAA updated the part
135 operating experience requirements
again, explaining that fatal accidents
continued to occur even after the FAA’s
1978 amendments.285 Pilot training and
testing requirements were further
refined in 1995 to ensure the training,
testing, and currency requirements met
the expectations of safety for
commercial operations.286 To effectuate
this goal, the FAA’s 1995 rulemaking
amended the training and checking
requirements under part 135 to align
with the more rigorous and
comprehensive part 121 standards.287
The FAA’s prior amendments to part
135, and its continued efforts to
enhance the level of safety required to
operate under that part, inform its
present proposals. In proposing the
SFAR requirements and permanent
amendments to accommodate the entry
of powered-lift into operations under
part 135, the FAA maintains its
longstanding commitment to ensuring
safety and mitigating the risk of
commuter and on-demand accidents
and incidents. In this regard, the FAA’s
SFAR and permanent proposals for
crewmember training and qualification
280 Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 43 FR 46742,
46783 (Oct. 10, 1978).
281 See Air Taxi Operators and Commercial
Operators; Commuter Pilot in Command Operating
Experience Requirements, 45 FR 7540 (Feb. 4, 1980)
(explaining 1978 update to part 135 regulations).
282 Id.
283 Airline Deregulation Act of 1978, Public Law
95–504, 49 U.S.C. 1301 (October 24, 1978).
284 Air Taxi Operators and Commercial Operators;
Commuter Pilot in Command Operating Experience
Requirements, 45 FR 7540 (Feb. 4, 1980).
285 Id. (citing 13 fatal accidents in commuter air
carrier operations during 1979).
286 Commuter Operations and General
Certification and Operations Requirements, 60 FR
65940, 65941 (Dec. 20, 1995).
287 Id.
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programs under part 135 are intended to
provide an equivalent level of training,
checking, and testing for powered-lift
operations as those imposed for
airplanes and helicopters.
3. Section 135.3—Rules Applicable to
Operations Subject to This Part
Section 135.3 prescribes the rules that
apply to persons conducting operations
under part 135. Specifically, § 135.3(b)
is specific to commuter operations 288
under part 135 and requires certificate
holders conducting such operations
with airplanes for which two pilots are
required by the aircraft type certification
to comply with the training and
qualification requirements in subparts N
and O of part 121 instead of the training
and qualification requirements for part
135. When § 135.3(b) was proposed in
1994, the FAA sought to reduce
accidents and incidents related to
human performance in commuter
operations.289 To facilitate more
comprehensive training requirements
and alleviate the prevalence of human
error, the FAA’s 1995 final rule imposed
the subpart N and O training
requirements that are reflected in the
current regulation.290
288 Under part 110, ‘‘commuter operation’’ is
defined as any scheduled operation conducted by
any person operating one of the following types of
aircraft with a frequency of operations of at least
five round trips per week on at least one route
between two or more points according to the
published flight schedules: airplanes, other than
turbojet-powered airplanes, having a maximum
passenger-seat configuration of 9 seats or less,
excluding each crewmember seat, and a maximum
payload capacity of 7,500 pounds or less; or
rotorcraft. The FAA has proposed in a related
rulemaking to revise this definition to include
powered-lift, other than turbojet-powered poweredlift, that have a maximum passenger-seat
configuration of 9 seats or less, excluding each
crewmember seat, and a maximum payload
capacity of 7,500 pounds or less. 87 FR 74995 (Dec.
7, 2022). The FAA’s current proposal corresponds
to the regulations proposed in the Update to Air
Carrier Definitions NPRM enabling powered-lift
operations in part 135. Consistent with the
Administrative Procedure Act, the FAA will
consider all significant comments received in
response to the Update to Air Carrier Definitions
NPRM and adjust both proposals as necessary based
on public comment.
289 Air Carrier and Commercial Operator Training
Programs, 59 FR 64272 (Dec. 13, 1994).
290 On December 20, 1995, the FAA published
two final rules both addressing operations under
parts 121 and 135. One rule established new part
119 and required certain commuter operations that
had been conducted under part 135 (i.e., scheduled
passenger-carrying operations in airplanes that have
passenger-seating configurations of 10 to 30 seats)
to be conducted under part 121. See 60 FR 65832
(Dec. 20, 1995). The second rule required operators
that conduct commuter operations with airplanes
for which two pilots are required by aircraft type
certification rules to train and qualify their pilots
using the requirements in subparts N and O of part
121 rather than the training and qualification
requirements in part 135. See 60 FR 65940 (Dec. 20,
1995).
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In comparing the two training
regimes, the FAA noted that, compared
to part 121 training regulations, part 135
training rules do not provide a balanced
mix of training and checking because
part 135 allows the repeated
substitution of flight checks in lieu of
training. The FAA further stated that
part 121 training and qualification
regulations require both recurrent
training and flight checks.
Subsequently, the FAA explained that
the more comprehensive training and
checking paradigm imposed under part
121 for these part 135 commuter
operations, instead of the requirements
maintained in subparts E, G, and H of
part 135, was necessary to enhance
public and passenger safety.291
The FAA finds that the same safety
standard imposed in § 135.3(b) for
commuter operations involving
airplanes for which two pilots are
required by type certification should
apply to powered-lift requiring two
pilots by type certification. Notably,
however, subparts N and O of part 121
are multiengine airplane specific, and,
at this time, the FAA is not amending
part 121 to accommodate powered-lift
operations. In the absence of amending
subparts N and O to accommodate
powered-lift-specific training and
checking, appendices E (Flight Training
Requirements) and F (Proficiency Check
Requirements) to part 121 would
mandate that a powered-lift flightcrew
perform some airplane-specific tasks
that are incongruent with powered-lift
operational capabilities.292
For example, under appendix E to
part 121, powered-lift PICs would be
required to complete flight training on
zero-flap landings. However, some
powered-lift coming to market may not
be designed with flaps and, therefore,
PICs operating these powered-lift could
not complete the training required
under subpart N. Moreover, powered-lift
may be capable of performing additional
tasks, such as running or roll-on
landings, not contemplated in
appendices E and F to part 121. Thus,
if subparts N and O were applied to
powered-lift as written, PICs could be
insufficiently trained and checked on
some maneuvers that powered-lift
possess the operational capability to
conduct.
291 Air Carrier and Commercial Operator Training
Programs, 59 FR 64272, 64272–73 (Dec. 13, 1994).
292 In accordance with § 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 § 121.441 of subpart O,
proficiency checks must include at least the
maneuvers and procedures specified in appendix F
to part 121.
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For each of these reasons, instead of
applying training and qualification rules
focused on multiengine airplanes to
powered-lift, the FAA is proposing
§ 194.247(b) to create an alternative
means of compliance with § 135.3(b) for
certificate holders conducting commuter
operations under part 135 with
powered-lift requiring two pilots by
type certification. For these operations,
the FAA proposes that certificate
holders comply with subpart Y of part
121, the Advanced Qualification
Program (AQP). This proposal will
enable a pathway for these commuter
operations in powered-lift to meet a
higher level of safety than meeting the
training and qualification requirements
in subparts G and H of part 135 without
imposing the inapt multiengine airplane
requirements of subparts N and O on
powered-lift commuter operators in part
135.
The proposal for powered-lift pilots to
comply with the AQP requirements
accords with the FAA’s intent when
codifying the original rule requiring
certificate holders operating airplanes
requiring two pilots by type certification
in part 135 commuter operations to
comply with subparts N and O of part
121. Principally, the 1995 final rule
mandated that certain part 135
commuter operators comply with
subparts N and O of part 121 because
the part 135 training requirements
imposed a lesser standard, allowing
flight checks to be substituted for
required training.293 The FAA finds
that, in lieu of modifying subparts N
and O of part 121 to accommodate the
integration of certain powered-lift
commuter operations, AQP can be
utilized to ensure a similarly rigorous
safety standard for training and
checking is maintained.
For example, AQP employs scenariobased training and evaluations and
integration of safety program data to
maintain the most effective training for
each certificate holder. Unlike
traditional aviation training, AQP uses
data-informed and data-driven
improvement. It encourages innovation
in the methods and technology that are
used during instruction and evaluation.
AQP allows for customized training to
the certificate holder’s unique
demographic and flight operation while
integrating crew resource management
and evaluating both the individual and
crew’s performance. In addition, AQP
provides a trained-to-proficiency model
that uses planned hours, similar to the
rigorous training and checking paradigm
293 See Commuter Operations and General
Certification and Operations Requirements, 60 FR
65832, 65940 (Dec. 20, 1995).
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imposed under subparts N and O of part
121.
While the requirements delineated in
the AQP are not identical to the
checking and training standards
imposed in subparts N and O of part
121, the use of an AQP will exceed the
part 135 commuter training and
checking standards that would
otherwise apply. As a result, the FAA
proposes the use of AQP to promote a
higher safety standard than that
imposed under part 135, to more closely
align with the training and checking
required under subparts N and O of part
121. The FAA notes that the proposal to
utilize an AQP is temporary. As
additional information becomes
available on the training and checking
necessary to effectuate safety for certain
part 135 commuter powered-lift
operations, the FAA will revise this
standard as appropriate. In short, the
FAA proposes the AQP requirement to
elevate the existing part 135 training
and checking standards, while
recognizing its use as a temporary
measure until additional information is
available to facilitate a permanent
solution tailored to the most appropriate
training and checking for pilots in
commuter operations involving
powered-lift for which two pilots are
required by type certification.
In addition, the 1995 final rule that
imposed this requirement for airplanes
emphasized the ‘‘greater flexibility’’
afforded by part 121 and the ‘‘more
effective mix of training and checking
activities’’ available.294 Like subparts N
and O, the AQP framework increases
flexibility in training, including the
approval of alternative methods for
training, certifying, and ensuring the
competency of crewmembers and other
personnel.295 The FAA reasons that the
AQP—a program designed to
accommodate innovative and advancing
technology 296—provides an appropriate
alternative pathway to ensure quality
training and checking of powered-lift
pilots while they are currently unable to
follow subparts N and O in part 121 as
prescribed for airplanes in § 135.3(b).
For each practical test requirement of
part 61 or regulatory requirement of part
121 or 135 that is replaced by an AQP,
subpart Y requires that the certificate
holder detail how the AQP curriculum
provides an equivalent level of safety to
the part 135 training and qualification
requirements.297 AQP uses performance
294 Commuter Operations and General
Certification and Operations Requirements, 60 FR
65832, 65940–41 (Dec. 20, 1995).
295 See 14 CFR 121.901(a).
296 Advanced Qualification Program, 70 FR
54809, 54810 (Sep. 16, 2005).
297 14 CFR 121.909(b).
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data to continually improve the training
and qualification program. All
approvals are conducted jointly between
the certificate management office and
the Air Transportation Division with
input from all the members of the
extended review team (ERT). The ERT
includes subject matter experts that are
not frequently available to assist
Principal Operations Inspectors on
training program approvals and
revisions. For each of these reasons, the
FAA finds that it can ensure adequate
oversight and safety for operators in
which an AQP is required for poweredlift and maintain a similar level of safety
while accommodating the emerging
technology and operational uniqueness
of powered-lift.
In addition to proposing that
powered-lift commuter operations with
two pilots required by type certification
comply with AQP in subpart Y of part
121, the FAA also proposes in
§ 194.247(b)(2) that these PICs receive
training, instruction and facilitated
discussion on leadership and command
and mentoring as part of their initial,
recurrent, and upgrade ground training,
similar to the initial, recurrent, and
upgrade ground training requirements
that govern airplane commuter
operations. Proposed § 194.247(b)(2)(ii)
requires that mentoring training include
techniques for instilling and reinforcing
the highest standards of technical
performance, airmanship, and
professionalism in newly hired pilots.
This leadership and command and
mentoring training would be required in
recurrent ground training for PICs every
36 calendar months. Additionally,
proposed § 194.247(b)(4) includes
requirements for initial and upgrade
flight training for PICs to contain
sufficient scenario-based training
incorporating crew resource
management and leadership and
command skills, to ensure the pilot’s
proficiency as PIC. The FAA includes
these additional training requirements
to equate the training received by
powered-lift pilots under subpart Y of
part 121 to that required for PICs in
airplane commuter operations in which
two pilots are required by type
certification.298
The FAA reasons that the use of an
AQP, coupled with the additional
proposed requirements in the SFAR,
will provide powered-lift pilots with the
298 As previously described, pilots serving in
airplane commuter operations in which two pilots
are required by type certification must be trained
in accordance with subpart N of part 121.
Leadership and command and mentoring training is
required by subpart N of part 121 during PIC initial,
upgrade, and recurrent training. See 14 CFR
121.420, 121.426, and 121.427.
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knowledge and skills that are required
for a similar level of safety. In short, the
FAA seeks to balance the unique
training, checking, and operational
characteristics associated with poweredlift while maintaining similar training
and checking requirements as that
provided in subparts N and O of part
121. The FAA proposes to effectuate
this intent through the AQP in subpart
Y of part 121, enabling a flexible and
customizable training option for pilots
of powered-lift in which two pilots are
required by type certification.299
Additional information on the safety
benefits and suggested compliance
mechanisms for the AQP are available
in the FAA’s AQP Advisory Circular No.
120–54A.
4. Section 135.4—Applicability of Rules
for Eligible On-Demand Operations
Section 135.4 prescribes two-pilot
flight crew experience and pairing
requirements for eligible on-demand
operations conducted under part 135.
As currently written, § 135.4 applies to
powered-lift, with the exception of
§ 135.4(a)(3), which specifies its
applicability to fixed-wing aircraft.
Section 135.4(a)(3) prescribes the
operating limitations for an SIC of fixedwing aircraft that has fewer than 100
hours of flight time as SIC in the aircraft
make and model, and if a type rating is
required, in the type aircraft being
flown. If the SIC does not have the
requisite flight time and the PIC is not
an appropriately qualified check pilot,
the PIC is required to make all takeoffs
and landings in the situations that are
detailed in paragraphs (a)(3)(i) and (ii).
The FAA requires the PIC to make all
takeoffs and landings in the situations
listed in paragraphs (a)(3)(i) and (ii)
because safety could be compromised if
flown by a lesser-experienced SIC.335
Powered-lift have the potential for
increased complexity of operation over
fixed-wing aircraft during the approach
and landing phases of flight, and this
can especially hold true during the
situations that are listed in paragraphs
(a)(3)(i) and (ii). To ensure that safety is
not compromised during the approach
and landing phases of flight, a certain
amount of familiarity with an aircraft is
required. The FAA maintains that the
familiarity required for SICs should not
be reduced for powered-lift as compared
to fixed-wing aircraft. The crew pairing
and operational limitations required by
this section are designed to ensure the
flightcrew possess the necessary
299 The training requirements in subparts E, G,
and H of part 135 will apply to pilots of poweredlift in which one pilot is required by type
certification.
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familiarity and experience to safely
operate in less-than-ideal conditions or
when using the provisions of
§ 135.385(f). Therefore, to ensure the
highest level of safety for powered-lift,
the FAA is proposing in § 194.309 that
current § 135.4(a)(3) would apply to
powered-lift under the SFAR.
5. Section 135.243—Pilot in Command
Qualifications
Section 135.243 prescribes
qualifications for pilots serving as PIC in
certain passenger-carrying part 135
operations,300 passenger and cargo
flights under VFR,301 and passenger and
cargo flights under IFR,302 which
include minimum certificates, ratings,
and hours of pilot time, cross-country
time, night flight time, and, if
applicable, actual or simulated
instrument time. A portion of the PIC
requirements in § 135.243 apply to all
aircraft.303 Therefore, these minimum
requirements that apply to PICs of all
aircraft in part 135 will also apply to
PICs of powered-lift in part 135 when
powered-lift operations under part 135
are enabled.
i. Section 135.243(a)
Section 135.243(a) prescribes the
general requirements for a person to
serve as PIC in certain passengercarrying operations. Specifically, to
serve as PIC in a passenger-carrying
operation of (1) a turbojet airplane, (2)
an airplane with a passenger-seat
configuration of 10 seats or more, or (3)
a multiengine airplane in a commuter
operation, § 135.243(a)(1) requires a
person to hold an ATP certificate with
appropriate category and class ratings
and, if required, an appropriate type
rating for that airplane.304 Similarly,
§ 135.243(a)(2) requires a person to hold
an ATP certificate, appropriate type
ratings, and an instrument rating to
serve as PIC in passenger-carrying
operations for helicopters in scheduled
interstate air transportation within the
48 contiguous states.
The FAA first proposed that certain
operations under part 135 should
require an ATP certificate in 1977.305 In
300 14
CFR 135.243(a).
CFR 135.243(b). See also 14 CFR
135.243(d), which provides that § 135.243(b)(3)
does not apply in certain conditions provided in
§ 135.243(d)(1) through (7).
302 14 CFR 135.243(c).
303 14 CFR 135.243(b)(1) and (2) and (c)(1) and
(2).
304 By definition, a commuter operation is a
passenger-carrying operation. See 14 CFR 110.2
(defining scheduled operation and commuter
operation).
305 Part 135 Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 42 FR 43490,
43491 (Aug. 29, 1977).
301 14
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that NPRM, the requirement to hold an
ATP certificate to act as PIC in some
part 135 operations was based in part on
operational complexity and the number
of persons carried. The FAA reasoned
that the ATP certificate would provide
a level of safety more comparable to that
provided by part 121. In the 1978 final
rule, the FAA concluded that there
would be increased safety benefits by
requiring PICs of the more complex,
passenger-carrying operations under
part 135 to hold an ATP certificate.306
Currently, § 135.243(a) applies only to
airplane and helicopter operations. This
paragraph does not prescribe higher
certificate requirements for PICs in
certain passenger-carrying powered-lift
operations because powered-lift cannot
yet operate in part 135. Consequently,
under the current regulatory framework
of § 135.243, the requirements to serve
as PIC of a powered-lift in certain
passenger-carrying operations would be
determined under paragraphs (b) and (c)
based on whether the operation is
conducted under VFR or IFR. Under
those provisions, a PIC of a powered-lift
would be required to hold only a
commercial pilot certificate with a
powered-lift category rating (and a type
rating, if applicable).307 Without a
regulatory change, there would be less
stringent PIC requirements for poweredlift in more complex, passenger-carrying
operations than those required to serve
as PIC of an airplane or helicopter.
To accord the qualification
requirements for PICs in powered-lift
with those imposed for airplanes and
helicopters, the FAA proposes to
permanently add paragraph (a)(3) to
§ 135.243. This paragraph proposes to
require the PIC of a powered-lift to hold
an ATP certificate with a powered-lift
category rating and an appropriate type
rating not limited to VFR for that
powered-lift, when serving as PIC in: (1)
on-demand passenger-carrying turbojetpowered powered-lift operations; (2) ondemand operations in a powered-lift
having a passenger seating
configuration, excluding crewmember
seats, of ten or more; and (3) poweredlift commuter operations other than
turbojet-powered powered-lift
(hereinafter collectively referred to as
‘‘certain part 135 commuter and ondemand powered-lift operations’’).
306 Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 43 FR 46742,
46772 (Oct. 10, 1978).
307 Currently, § 135.243 does not prescribe an
instrument rating requirement for powered-lift PICs.
Instead, § 135.243(b) requires an instrument rating
for PICs of airplanes and helicopters conducting
VFR operations. However, § 61.3(e) requires a PIC
operating in IFR to hold an instrument rating,
including the PIC of a powered-lift.
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In support of the proposed ATP
certificate requirement, the FAA
proffers four reasons. First, as described
in the recently published Update to Air
Carrier Definitions NPRM, turbojetpowered powered-lift may be used in
transoceanic, long range and
international operations, similar to
turbojet-powered airplanes. For this
reason, the Update to Air Carrier
Definitions NPRM proposes that the
same part 121 provisions that apply to
scheduled turbojet-powered airplanes
should apply to scheduled turbojetpowered powered-lift to ensure
consistency in applying the appropriate
risk mitigation measures for operations
of turbojet-powered aircraft.308 To
maintain consistency of risk mitigations,
the FAA proposes that PICs of ondemand passenger-carrying turbojetpowered powered-lift operations must
hold an ATP certificate consistent with
the requirement for PICs of on-demand
passenger-carrying turbojet airplane
operations. At present, the FAA does
not anticipate the integration of turbojetpowered powered-lift into the civilian
market.
Second, the FAA’s proposed
requirement for powered-lift PICs to
hold an ATP certificate and type rating
for on-demand operations involving ten
or more passenger seats aligns with the
rationale for prescribing this
requirement for airplane PICs. When
codifying this requirement for airplanes,
the FAA sought to accommodate
additional operational factors that were
not initially contemplated for airplane
design.309 The FAA reasoned that
airplane operations with 10 or more
passenger seats were operating near or
over maximum certificated takeoff
weight (MCTW) of 12,500 pounds, and
that additional airworthiness
requirements in part 23 would need to
ensure the airworthiness equivalent to
aircraft with a type certification of
12,500 pounds. Changes in part 23
differentiated small aircraft to those
limited to 9 seats or less, and larger
aircraft as those with at least 10 seats or
weighing over 12,500 pounds. Similar to
type-certificated aircraft that were over
12,500 pounds, the airplanes that had
10 seats or more were larger, flew for a
longer duration of time, carried more
people, had MCTW at or over 12,500
pounds, required more robust pilot
training and certification, and had to
comply with more stringent
airworthiness requirements.
308 Update to Air Carrier Definitions, NPRM, 87
FR 74995 (Dec. 7, 2022).
309 Airworthiness Standards: Reciprocating and
Turbopropeller Powered Multiengine Airplanes, 43
FR 46742, 46734 (Oct. 10, 1978).
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The rationale in support of these
requirements for PICs of airplanes
involving ten or more passenger seats
applies equally to powered-lift. The
FAA expects that on-demand operations
involving powered-lift with ten or more
passenger seats will also involve larger
aircraft that fly for a longer duration of
time and have the capacity to carry
more people. Thus, the FAA proposes
that PICs in on-demand operations
piloting powered-lift that possess ten or
more passenger seats meet similar
certification requirements as those
imposed for airplane PICs in these
operations.
Third, powered-lift will share many
operational similarities as multiengine
airplanes and, therefore, a similar
certification and type-rating
requirement is necessary to ensure
safety in powered-lift commuter
operations. For example, like poweredlift, multiengine airplanes have more
complicated and complex operating
systems, additional gauges and differing
cockpit setups, more advanced
aerodynamics, operate at a faster speed
and higher altitudes, and require more
pilot training to handle normal
operations and emergency situations.
When the FAA codified the
certification requirements for
multiengine airplanes under
§ 135.243(a)(1), it explained that these
credentials were necessary because the
requirement hinged on the complexity
of aircraft that were currently operating
under part 135 and their respective
passenger-carrying capability.310 Like
the requirements imposed for
multiengine airplanes, increased safety
benefits will be provided by requiring
PICs of more complex operations under
part 135 to hold an ATP certificate. In
part, powered-lift PICs will also be
expected to have more robust
knowledge and training to operate in
complex environments to ensure the
greatest level of safety.
Fourth, and relatedly, the operational
environment that powered-lift PICs
must navigate for commuter operations
necessitates that all pilots possess a
background of training and experience
that allows them to adapt to complex
environments when encountering
varying operating conditions.
Specifically, part 135 commuter
powered-lift operations will often be
conducted under IFR in high-traffic
areas with greater frequency involving
complex aircraft, requiring precision
handling and skilled maneuvers to
navigate these complex and challenging
310 Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 43 FR 46742,
46783 (Oct. 10, 1978).
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operational environments. The ATP
certificate requirement ensures that
powered-lift PICs obtain knowledge of
the skills, aptitudes, airmanship, and
suitability through additional
aeronautical experience, to effectively
serve as PIC in these environments
while also meeting the public interest
and safety expectations. These
certificate requirements ensure that
powered-lift PICs accumulate additional
flight time to develop the expertise
necessary to maintain the higher level of
safety required to operate under part
135 commuter powered-lift operations.
The circumstances in which a poweredlift PIC must possess an ATP certificate
and type rating not limited to VFR are
similar to those imposed for airplane
pilots.
Next, in addition to holding an ATP
certificate, proposed § 135.243(a)(3) also
requires that powered-lift PICs hold a
type rating for the powered-lift flown,
not limited to VFR. Under the VFR-only
type rating proposal discussed in
section V.H of this preamble, pilots can
opt to take their instrument rating
practical test within two calendar
months from the month in which they
passed the type rating practical test in
a powered-lift. Despite this testing
flexibility, the FAA is proposing not to
allow a PIC with a powered-lift VFRonly type rating to serve in part 135
operations including those operations in
§ 135.243(a). As explained further in the
subsequent section, the skills and
experience required for an instrument
rating are necessary to ensure safety in
part 135 operations. The instrument
rating ensures that PICs of powered-lift
possess the proper training, experience
hours in simulated and actual
instrument conditions, and operational
knowledge to safely conduct flight in
operating environments where pilot
error can be immediately critical, such
as in inadvertent instrument conditions
or areas of lower visibility.
In proposing this requirement, the
FAA also notes its corresponding
proposed permanent amendment to
§ 61.31(a), requiring the PIC in poweredlift operations to hold a type rating.
Because the FAA proposes a permanent
amendment to codify the type-rating
requirement for powered-lift pilots
under part 61, the FAA also proposes
that its amendment to § 135.243(a) be
permanent, rather than temporary. To
promote consistency between the
requirements for certain airplane,
helicopter, and powered-lift PICs, and
congruency between the requirements of
parts 61 and 135, the FAA proposes to
permanently add § 135.243(a)(3) to
codify the type-rating requirement for
PICs of powered-lift during certain part
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135 commuter and on-demand
powered-lift operations.
As the FAA collects additional data
and information throughout the SFAR
period, it may further evaluate the
requirements currently proposed. For
example, the FAA expects to gather data
regarding the industry standardization
of powered-lift cockpit setup and a more
robust understanding of powered-lift
operational capabilities. When this
information becomes available, the FAA
may propose subsequent amendments to
modify the certification standards for
powered-lift PICs under proposed
§ 135.243(a)(3).
The FAA also notes that, with
powered-lift newly entering the civilian
market, PICs may be unable to initially
meet the flight time and experience
requirements for an ATP certificate.311
In turn, powered-lift PICs may not
immediately possess the credentials
necessary to participate in certain part
135 commuter operations and ondemand powered-lift operations. If a
powered-lift PIC does not satisfy the
ATP certificate requirements, they
would be limited to conducting part 135
on-demand operations with nonturbojet-powered powered-lift
containing less than 10 passenger seats,
until the ATP certificate requirements
are satisfied.
As PICs gain flight time in on-demand
operations, they can obtain the
experience necessary to satisfy the ATP
certificate requirements. At most, the
FAA expects that powered-lift PICs will
gain the necessary flight time and
experience to qualify for an ATP
certificate within a few months,312
causing a minimal delay to integration
of powered-lift into the full part 135
commuter and on-demand framework.
This marginal delay in enabling full part
135 operations is necessary to ensure
pilots conducting certain complex,
passenger-carrying operations possess
the appropriate experience to safely
serve in this capacity.
Lastly, the FAA notes that, in 2011,
the FAA transferred the definitions
contained in § 119.3 to a new part
311 As noted in section V.F of this preamble, the
FAA anticipates that pilots will not initially be able
to meet the 250 hours in a powered-lift as a PIC,
or as a SIC performing the duties of a PIC under
the supervision of a PIC, or any combination
thereof.
312 In reaching this conclusion, the FAA reasons
that, if all other aeronautical experience and
regulatory requirements are met, it would take an
additional 200 hours of flight time as PIC in a
powered-lift to qualify for an ATP certificate. The
FAA estimates that pilots may fly, on average, 50
hours a month. In estimating 50 hours a month, it
would take approximately four months to satisfy
the powered-lift specific flight time requirement for
an ATP certificate.
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110.313 However, the FAA did not revise
the corresponding references in
§ 135.243(a)(1) or § 135.244(a) at that
time. These sections both reference part
119 for the definition of ‘‘commuter
operation.’’ Therefore, the FAA
proposes a permanent change to replace
the reference to ‘‘part 119’’ with ‘‘part
110’’ in §§ 135.243(a)(1) and 135.244(a).
ii. Section 135.243(b) and (c)
Section 135.243(b) and (c) establish
the minimum pilot certificate, ratings,
and flight time that a PIC must have
when conducting part 135 VFR
operations and part 135 IFR operations,
respectively, except as specified in
§ 135.243(a). Specifically, to serve as
PIC of an aircraft under VFR or IFR, a
person must have at least a commercial
pilot certificate with appropriate
category and class ratings and, if
required, an appropriate type rating for
that aircraft under § 135.243(b)(1) and
(c)(1). Paragraphs (b)(2) and (c)(2)
prescribe the minimum flight hour
requirements for serving as a PIC under
VFR and IFR. The experience,
certificate, ratings, and flight time
requirements delineated in
§ 135.243(b)(1) and (2) and (c)(1) and (2)
apply generally to pilots of an aircraft
conducting operations under VFR and
IFR. Therefore, these requirements will
apply to PICs of powered-lift in part
135, and the FAA proposes only minor
edits to paragraphs (b)(1) and (c)(1) to
include reference to a powered-liftspecific type rating not limited to VFR.
Section 135.243, paragraphs (b)(3) and
(4) and (c)(3) and (4), however, prescribe
airplane- and helicopter-specific
requirements for instrument ratings. The
regulation does not include
corresponding requirements detailing
when powered-lift PICs must hold an
instrument rating or ATP certificate
when conducting VFR or IFR
operations.314 As a result, the FAA
proposes to add new paragraphs (b)(5)
and (c)(5) to impose parallel permanent
requirements for powered-lift operations
under VFR and IFR. Proposed paragraph
(b)(5) would require the PIC of a part
135 VFR operation in a powered-lift to
hold an instrument-powered-lift rating
or an ATP certificate for the poweredlift category. Proposed paragraph (c)(5)
would require the PIC of a part 135 IFR
operation in a powered-lift to hold an
313 Operations Specifications, 76 FR 7482, 7483
(Feb. 10, 2011).
314 As discussed in section V.J of this preamble,
a person must hold an instrument rating to apply
for an ATP certificate. As such, an ATP certificate
itself is evidence of an instrument rating. Therefore,
a pilot may hold an instrument rating on a
commercial pilot certificate or an ATP certificate as
both convey instrument privileges.
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instrument-powered-lift rating or an
ATP certificate with a powered-lift
category. The FAA proposes these
paragraphs to codify a regulatory
framework that promotes consistency
among airplane, helicopter, and
powered-lift requirements, while
simultaneously crafting rules that are
specifically tailored to the unique
operating characteristics of each
category of aircraft.
The proposed addition of paragraph
(c)(5) requires similar PIC credentials to
serve in IFR operations as that imposed
for PICs piloting airplanes and
helicopters. For IFR operations, § 61.3(e)
mandates that a PIC operating in IFR
hold an instrument rating. By contrast,
proposed paragraph (b)(5), which
governs VFR operations, would mirror
the requirements currently maintained
for PICs serving in VFR airplane
operations in part 135 rather than the
requirement for VFR helicopter
operations.
The FAA finds that an instrument
rating is necessary in VFR powered-lift
operations to ensure the pilot has the
necessary skills in the event of an
emergency situation involving an
inadvertent encounter with IMC. The
FAA requires an instrument rating for
part 135 VFR airplane operations 315
because, if an airplane encounters
inadvertent IMC, the pilot must have the
necessary skills to maintain safe control
of the airplane, coordinate with ATC,
and maneuver the airplane to an
emergency instrument approach and
landing at an airport.
Conversely, the greater
maneuverability and special flight
characteristics of a helicopter provides a
helicopter pilot with more options for
corrective actions and permits a
helicopter pilot to make those corrective
actions in less time and distance than
required for most airplanes.
Additionally, the characteristics of a
helicopter provide significantly more
emergency landing options, enabling a
helicopter pilot to make an emergency
landing at locations other than an
airport or heliport. Therefore, a
helicopter pilot has more options
315 Section 135.243(d) provides a limited
exception allowing a PIC to conduct part 135 VFR
single engine-reciprocating-powered airplane
operations in an isolated area as determined by the
Administrator if the operation meets the specified
requirements and is approved in the certificate
holder’s operations specifications. The FAA
approves these operations in operations
specification A020, Airplane Operations Without
Instrument Rated Pilots. As of October 2022, there
are four part 135 operators, with a total of nine
airplanes and seven pilots, with approved
operations specification A020. Three of these part
135 operators conduct operations in isolated areas
of Alaska and the fourth conducts operations in an
isolated area of Maine.
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available in the event of an emergency
situation with inadvertent IMC. These
qualities allow a helicopter pilot to
operate under VFR in part 135 without
an instrument rating at lower visibility
and cloud clearance distances, while
maintaining the same degree of safety as
airplanes flying under more restrictive
minima.
The FAA anticipates that, other than
necessary for takeoff and landing, many
powered-lift will prefer to utilize lift
provided by the wing for as long as
practical in order to gain efficiencies in
fuel consumption, speed, and range.
Since powered-lift will likely operate
similar to an airplane in cruise flight, in
the event of inadvertent IMC, the
powered-lift pilot will require more
time and distance to escape the IMC and
complete an emergency approach and
landing compared to a helicopter.
Additionally, unlike other aircraft
categories, most powered-lift may have
to transition from flight on the wing to
flight on the rotors or other thrust
devices to conduct approach and
landing operations. The FAA expects
the transition of a powered-lift from
forward flight to vertical flight would
not be instantaneous, requiring
additional time, distance, and altitude
that is unique from other categories of
aircraft. Therefore, requiring poweredlift pilots to have an instrument rating
during VFR operations similar to the
airplane requirements ensures that PICs
of powered-lift possess the proper skills
to safely conduct flight in the event of
an inadvertent encounter with IMC,
where pilot error can be immediately
critical.
As an alternative to satisfying the
instrument rating requirement in
proposed paragraphs (b)(5) and (c)(5),
the FAA proposes that the PIC may hold
an ATP certificate with a powered-lift
category rating. The requirement to hold
an ATP certificate is consistent with
§ 61.3(e). Thus, the intent to ensure PICs
possess knowledge and familiarity of
instrument controls and conditions is
similarly effectuated by alternatively
requiring an ATP certificate, in lieu of
an instrument rating.
The FAA acknowledges that there
may be future aircraft designs such that
the skill, knowledge, and experience
that the instrument rating for VFR
operations otherwise brings will no
longer be necessary. In addition, the
environment where some powered-lift
operations occur may be isolated,
proving that the instrument rating for
VFR operations may be unnecessary to
maintain safety. However, until further
data is collected through operational use
and experience of powered-lift, the FAA
proposes to maintain the instrument
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rating or ATP requirement for poweredlift PICs operating under VFR, to accord
the regulation with the requirements
imposed for airplanes.
6. Section 135.244—Operating
Experience
Section 135.244 requires a person to
complete operating experience in the
make and model of aircraft they will fly
before serving as PIC in commuter
operations. This section, through use of
the term ‘‘aircraft,’’ applies to poweredlift.316 However, in prescribing the
minimum hours of operating experience
required, § 135.244(a) only contemplates
single engine aircraft; multiengine,
reciprocating engine-powered aircraft;
multiengine, turbine-engine powered
aircraft; and turbojet-powered airplanes.
When this section was added to the
regulatory framework in 1980, the FAA
did not forecast the use of powered-lift
in commuter operations.317
In the 1980 final rule promulgating
this section, the FAA crafted differing
minimum hour requirements for these
varying types of aircraft because of the
ranging complexities associated with
their operation. For example, the FAA
reasoned that single-engine aircraft are
generally simple aircraft with less
complex operational dynamics. As a
result, PICs of these aircraft comply
with lesser operating experience
requirements than that required for
operating the other, more complex,
aircraft enumerated in this section. The
FAA distinguished the complexity of
operating systems based on the aircraft’s
engine and propulsion characteristics,
prescribing correspondingly greater
operating experience requirements for
increasingly complex aircraft.
Complexity, in this regard, was
informed by the aircraft’s engine and
propulsion system.
At present, the FAA expects poweredlift to vary widely in their expected
engine makeup and propulsion designs.
Some powered-lift entering the market,
for example, are expected to use electric
engines. Others are expected to use
multiengine turbine-engine powered
propulsion. And, conversely, some
powered-lift may utilize unique
propulsion systems that involve distinct
features and intricacies, unlike those
typically utilized in currently available
commuter aircraft altogether. In the
absence of uniform propulsion systems
and engine characteristics for poweredlift expected to enter the market, the
316 Update to Air Carrier Definitions, 87 FR 74995
(Dec. 7, 2012).
317 See Air Taxi Operators and Commercial
Operators; Commuter Pilot in Command Operating
Experience Requirements, 45 FR 7540, 7541 (Feb.
4, 1980).
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FAA cannot prescribe the operating
experience requirements for poweredlift based on the characteristics in
§ 135.244(a)(1) through (4).
Instead, the FAA proposes to
prescribe the operating experience
requirements based on the different
handling characteristics necessary to
pilot powered-lift and the associated
complexity anticipated for operating
these aircraft in the NAS. In support, the
FAA anticipates the operation of
powered-lift will require complex flight
and handling qualities, including
inceptors and the use of indirect flight
controls. Powered-lift may also have
different configurations, including tiltwing, tilt-propeller, lift plus cruise, and
tilt plus cruise designs. These unique
configurations and inceptors, and
potentially diversified flight controls
and operating characteristics, inform the
FAA’s proposal to render these aircraft
more akin to multiengine turbine-engine
powered airplanes on the complexity
scale, rather than their single-engine
counterparts.318
For these reasons, the FAA proposes
in § 194.247(c) to include a 20-hour
operating experience requirement to
serve as PIC in any powered-lift. To
facilitate this operating experience
requirement, the FAA proposes to
except powered-lift from the current
operating experience requirements
delineated in § 135.244(a)(1) through
(4). As noted above, these specific
operating experience requirements do
not adequately capture or control the
expected complexity of powered-lift, as
determined by the varying propulsion
systems and engine characteristics.
Nevertheless, the FAA recognizes
that, at this time, it is unknown what
engine or propulsion system will apply
to the majority of powered-lift that
integrate the market. As a result, the
FAA proposes to mandate the operating
experience hour requirements for
powered-lift PICs in the SFAR, rather
than a permanent rule change. As
additional information becomes
available, the FAA may modify the 20hour operating experience requirement
to more precisely scale the operating
experience to the complexity associated
with operating a powered-lift.
7. Section 135.245—Second in
Command Qualifications
Section 135.245 prescribes the SIC
qualifications for a pilot in part 135,
which includes instrument currency
requirements for flights operated under
IFR. Section 135.245(a) specifies that
318 As discussed in section VI.A of this preamble,
the FAA does not anticipate single-engine poweredlift to be developed during the term of this SFAR.
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the minimum requirement for an SIC of
an aircraft is at least a commercial pilot
certificate with appropriate category and
class ratings and an instrument rating.
Paragraph (b) does not require the
instrument rating for helicopter SICs
operating under VFR, except for VFR
over-the-top operations. Paragraph (c)
prescribes SIC instrument experience
requirements for airplane and helicopter
pilots. Finally, paragraph (d) details the
framework for an SIC to reestablish
instrument currency.
i. Section 135.245(a)
Section 135.245(a) prescribes the
certification requirements for SICs
operating ‘‘aircraft.’’ This section,
therefore, applies to powered-lift SICs
without edit. Given these generally
applicable requirements, that an SIC
maintain at least a commercial pilot
certificate with appropriate category and
class ratings and an instrument rating,
the FAA does not need to propose
modifying paragraph (a) to
accommodate the integration of
powered-lift. Under the current
regulation, a powered-lift SIC would be
required to hold a commercial pilot
certificate with a powered-lift category
rating and an instrument-powered-lift
rating.
ii. Section 135.245(b)
Under § 135.245(b), an SIC of a
helicopter operated under VFR, other
than over-the-top, must have at least a
commercial pilot certificate with an
appropriate aircraft category and class
rating. Because the FAA proposes that
powered-lift SICs comply with
paragraph (a), the FAA does not propose
changing the requirements of paragraph
(b)—an exception to operations
conducted under paragraph (a). The
FAA recognizes that paragraph (b) may
need to be amended in the future to
accommodate powered-lift if these
operations prove more congruent to
those conducted in helicopters than
currently anticipated.
iii. Section 135.245(c)
Paragraph (c) prescribes SIC
instrument experience requirements for
airplane and helicopter pilots that
operate under IFR. Specifically,
§ 135.245(c)(1) requires SICs to perform
six instrument approaches, holding
procedures and tasks, and intercepting
and tracking courses through
navigational electronic systems within
six calendar months preceding the
month of a particular flight. The
requirement for pilots to perform
instrument maneuvers and procedures
to maintain their instrument privileges
is universal throughout the airman
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regulations. The FAA expects that, like
helicopter and airplane SICs, some
powered-lift will also operate under
IFR. Therefore, the FAA proposes to
permanently amend paragraph (c)(1) to
specifically include reference to
powered-lift. This proposal accords the
SIC instrument experience requirements
with those imposed for SICs of airplanes
and helicopters who serve in IFR
operations.
iv. Section 135.245(d)
Finally, § 135.245(d) prescribes how
an SIC can reestablish instrument
currency. Like § 135.245(a), this
paragraph applies to all SICs who serve
in IFR operations. Therefore, it applies
to powered-lift SICs as written. The
FAA does not need to propose an
amendment to modify the requirements
to reestablish instrument currency to
integrate powered-lift into the civilian
market.
8. Section 135.247—Pilot Qualifications:
Recent Experience
Section 135.247 specifies the recent
takeoff and landing experience that a
PIC must complete within the preceding
90 days to carry passengers in an
aircraft. Section 135.247(a)(1) requires
the PIC to make three takeoffs and
landings as the sole manipulator of the
flight controls in an aircraft of the same
category and class and, if a type rating
is required, in that same type of aircraft.
For operations at night, § 135.247(a)(2)
also requires the takeoffs and landings
to have been completed at night.319
Under § 135.247(a)(3), the PIC of a
turbine-powered airplane typecertificated for more than one pilot may
complete an alternative to the night
takeoff and landing requirements. To
complete an alternate path, a PIC must
serve as PIC of a turbine-powered
airplane that is type-certificated for
more than one pilot crewmember and
comply with the requirements listed in
the regulation. The first alternative
allows pilots to maintain night currency
through the performance of three
takeoffs and landings to a full stop over
a 6-month period. The second
alternative allows pilots to maintain
night currency through the performance
of 6 takeoffs and landings to a full stop
in a simulator training program
approved under part 142.
Based on the active certification
projects for powered-lift, the FAA
currently expects that a majority of
powered-lift will not be type-certificated
for more than one pilot crewmember.
319 Section 135.247(a)(2) describes night as
beginning 1 hour after sunset and ending 1 hour
before sunrise as published in the Air Almanac.
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Because most powered-lift will likely
require only one pilot by type
certification, the purpose and text of
§ 135.247(a)(3) is inapplicable. In
addition, even for powered-lift that may
require two pilots by type certification,
the FAA expects that most powered-lift
PICs will be unable to satisfy the 1,500
hour aeronautical experience
requirement to qualify for this
alternative approach currently
permitted for pilots of turbine-powered
airplanes type certificated for more than
one pilot crewmember. Due to the small
number of expected two-pilot typecertificated powered-lift, and the
minimal powered-lift pilot experience
the FAA currently expects that pilots
have accrued, the FAA does not
presently propose extending the
alternative experience requirements in
§ 135.247(a)(3) to powered-lift.
Most importantly, the FAA finds that
extending alternative currency to all
powered-lift type-certificated for more
than one pilot would not be in the
interest of safety. Each powered-lift may
possess different flight controls and
operational characteristics, unlike
airplanes that have relatively uniform
flight controls and cockpit designs
among each type. As a result, because a
pilot is current in one powered-lift, does
not necessarily translate to currency or
proficiency in a different powered-lift.
Therefore, the FAA is not proposing any
amendments to § 135.247(a)(3).
9. Section 135.293—Initial and
Recurrent Pilot Testing Requirements
As discussed in section V.G of this
preamble, § 135.293 requires pilots to
complete initial and recurrent
knowledge testing and a flight
competency check to serve in part 135
operations. Section 135.293(a)(1)
through (9) lists the knowledge areas for
the oral or written test, which each pilot
must pass. The knowledge areas do not
specify airplane- or rotorcraft-specific
knowledge testing, except for the
provisions included in § 135.293(a)(7)
and (9).
Specifically, § 135.293(a)(7) requires
knowledge testing on the procedures for
identifying, escaping, and avoiding
hazardous weather conditions for all
aircraft. The rule excepts rotorcraft
pilots from the requirement to be tested
on escaping from low-altitude
windshear due to the unique
aerodynamic characteristics of
rotorcraft, as stated in § 135.293(a)(7)(ii).
Powered-lift may not possess the same
unique aerodynamic characteristics as
rotorcraft but do share similar
aerodynamic characteristics of
airplanes. As a result, powered-lift
pilots may encounter low-altitude
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windshear and, resultantly, they must
possess the knowledge necessary to
recover sufficient altitude to
compensate for any corresponding loss
of lift. Given these factors, the FAA is
not proposing to amend § 135.293(a)(7)
which, as currently written, would
similarly include powered-lift pilots in
the knowledge testing requirements of
escaping from low-altitude windshear
conditions. This knowledge, and
corresponding testing requirements, is
equally valuable for powered-lift pilots
to possess, in the event that they, like
pilots of airplanes, encounter lowaltitude windshear during flight.
Similarly, § 135.293(a)(9) requires
testing for rotorcraft pilots on rotorcraftspecific procedures to ensure
recognition and avoidance of hazardous
visibility conditions. The hazardous
visibility conditions that must be tested
for rotorcraft pilots under this section
include flat-light, whiteout, and
brownout conditions. The FAA expects
that powered-lift pilots may similarly
encounter these conditions during
flight. These conditions can be
especially critical when flying at low
altitude. For example, flat-light can give
the pilot an illusion of ascending when
the aircraft is actually flying level.
Absent knowledge and familiarity of
this phenomenon, a pilot may overcorrect the perceived ascension and
rapidly descend in altitude. This is
particularly critical when flying in
congested airspace at low altitude over
urban or densely populated areas, like
the operational environment expected
for powered-lift. For these reasons, the
FAA finds that these testing
requirements should likewise extend to
powered-lift pilots. Accordingly, the
FAA proposes a permanent change to
§ 135.293(a)(9).
Section 135.293(b) specifies the
requirements for pilots to complete a
competency check in practical skills
and techniques in the aircraft every 12
calendar months. If a pilot serves in
more than one aircraft type, this section
also specifies that the categories and
classes in which the pilot serves
determine whether the pilot must
complete a competency check in each
aircraft type. For helicopters,
multiengine airplanes, and turbojet
airplanes, § 135.293(b) prescribes that
the check must be completed in the type
of helicopter, multiengine airplane, or
turbojet airplane in which the pilot will
serve.320 Therefore, if a pilot will serve
in more than one helicopter,
multiengine airplane, or turbojet
airplane, the pilot must complete a
competency check in each aircraft type.
Conversely, for single-engine airplanes,
other than turbojet, § 135.293(b) only
requires a competency check in the
specific class (i.e., single-engine land or
single-engine sea). As such, a pilot
serving in more than one single-engine
land airplane is only required to
complete one competency check.
Consistent with the proposed
requirement that PICs serving in part
135 powered-lift operations hold a type
rating for the aircraft flown, the FAA
proposes that these pilots must also
complete the required competency
check in each type of powered-lift that
the pilot will fly. This proposed
requirement is consistent with the
competency check requirements for
airplanes and helicopters of similar
complexity as powered-lift. Principally,
as described in the previous discussion
regarding §§ 135.243 and 135.244, the
use of unique configurations and
inceptors, and potentially diversified
flight controls and operating
characteristics expected for poweredlift, informs the FAA’s conclusion that
these aircraft are more akin to
multiengine airplanes on the complexity
scale, rather than their single-engine
counterparts. As previously noted, the
FAA is not able at this time to identify
sufficient commonality to establish class
ratings for powered-lift. Moreover, given
the powered-lift currently undergoing
the aircraft certification process, the
FAA does not anticipate it could reach
a determination that any of the initial
powered-lift would have a sufficiently
similar means of propulsion, the same
manufacturer, and significantly similar
handling or flight characteristics. Unlike
airplane and helicopter operations
where the flight controls the pilot uses
are generally uniform from one aircraft
to the next, experience in category alone
does not sufficiently prepare a pilot of
a powered-lift. Ensuring the pilot has
the requisite knowledge and skill in
each powered-lift to be a competent
crewmember is necessary to ensure
safety. For these reasons, the FAA
proposes to permanently revise
§ 135.293(b) to require pilots to
complete a competency check in the
type of powered-lift in which the pilot
will serve, like that required for
multiengine airplanes.
320 Section 135.293(b) contains an allowance that,
if determined by the Administrator to have a similar
means of propulsion, the same manufacturer, and
no significantly different handling or flight
characteristics, an airplane type for the purposes of
§ 135.293(b) could be a group of airplanes. The
Administrator has made this determination for a
limited number of airplanes; the airplanes that the
Administrator has determined fit into a specific
group are described in FAA Order 8900.1, Volume
3, Chapter 19, Section 1. Absent this determination,
‘‘type’’ as defined in § 1.1 applies.
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Section 135.293(c) specifies that each
competency check in a rotorcraft must
include a demonstration of the pilot’s
ability to maneuver the rotorcraft solely
by reference to instruments and
maneuver into visual meteorological
conditions (VMC) following an
inadvertent encounter with IMC. For
competency checks in non-IFR-certified
rotorcraft, the pilot must perform such
maneuvers as are appropriate to the
installed equipment, the certificate
holder’s operations specifications, and
the operating environment. The FAA
added this requirement in response to
the high number of fatal accidents that
have resulted from helicopter
inadvertent IMC encounters during VFR
operations.321
Some powered-lift may be used only
in part 135 VFR operations, and the
aircraft themselves may not be IFRequipped. Consequently, powered-lift
pilots like helicopter pilots are at risk of
encountering inadvertent IMC. These
conditions may be immediately critical
and may necessitate the powered-lift
pilot to initiate emergency procedures to
escape the inadvertent IMC. Absent
proper knowledge and skill to initiate
emergency maneuvers, compounded
with the expected operation in
congested airspace and low altitude,
powered-lift pilots may lack the
necessary handling abilities to
successfully escape these conditions in
a timely fashion. As a result, the FAA
proposes to apply the § 135.293(c)
evaluation requirement also to poweredlift to ensure these pilots possess the
skills needed to handle these
conditions. For competency checks in
non-IFR-certified powered-lift, the pilot
would be required to perform such
maneuvers as are appropriate to the
installed equipment, the certificate
holder’s operations specifications, and
the operating environment.
Notably, in 2014, when the FAA
added § 135.293(a)(9) and (c), the FAA
also included specific language in
§ 135.293(h) requiring compliance after
April 22, 2015.322 Since the compliance
date has passed, the FAA proposes a
permanent change to remove the
compliance date memorialized in
§ 135.293(h) and reserve this paragraph.
321 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations, Safety Initiatives and
Miscellaneous Amendments, 75 FR 62640, 62668
(Oct. 12, 2010).
322 Extension of Effective Date for the Helicopter
Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations Final Rule, 79 FR 22009
(Apr. 21, 2014).
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10. Section 135.297—Pilot in Command:
Instrument Proficiency Check
Requirements
i. Section 135.297(a) and (b)
Section 135.297 prescribes the
instrument proficiency check (IPC)
requirements for the PIC of a part 135
IFR operation. Powered-lift operations
were not contemplated when this rule
was written. However, the rule applies
to PICs of any part 135 IFR operation as
prescribed in paragraph (a). Paragraph
(b) specifies how often the IPC must
occur and the kinds of approaches that
must be conducted. This paragraph is
also not category or class specific.
Therefore, the requirements in
§ 135.297(a) and (b) would apply to
powered-lift PICs in part 135 operations
as written.
ii. Section 135.297(c)
Section 135.297(c) specifies the
content and standards for an IPC that an
airplane or helicopter PIC must meet,
which corresponds to the minimum
certificate requirements prescribed in
§ 135.243.323 To align with the proposed
requirements to serve as a PIC in part
135 operations, and because all PICs
will be expected to hold a type rating for
the powered-lift flown, the FAA
proposes that the IPC for a powered-lift
PIC meet the same requirements as
currently required for airplane and
helicopter PICs. The FAA proposes that,
if the PIC is required to hold an ATP
certificate, then the IPC must include
the procedures and maneuvers for an
ATP certificate, consistent with the
existing requirement for airplane PICs in
§ 135.297(c)(1)(i). Furthermore, the FAA
proposes that if the PIC is required to
hold a commercial certificate, then the
IPC must include the procedures and
maneuvers for a commercial certificate
with an instrument rating and for the
type rating, consistent with the existing
requirement for airplane and helicopter
PICs in § 135.297(c)(1)(ii). For these
reasons, the FAA proposes a permanent
amendment to § 135.297(c)(1)(ii) to
323 Section 135.297(c) also sets forth required
content of the IPC including an oral or written
equipment test and flight check under simulated or
actual IFR conditions. The equipment test must
include questions on emergency procedures, engine
operation, fuel and lubrication systems, power
settings, stall speeds, best engine-out speed,
propeller and supercharger operations, and
hydraulic, mechanical, and electrical systems, as
appropriate to powered-lift operations. As further
described in section VI.A of this preamble, the FAA
notes that the term ‘‘engine’’ encompasses any
powered-lift propulsion system, such as batteries or
electric motors. The flight check includes
navigation by instruments, recovery from simulated
emergencies, and standard instrument approaches
involving navigational facilities which that pilot is
to be authorized to use.
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modify the reference to ‘‘airplane’’ and
‘‘helicopter,’’ to ‘‘aircraft,’’ to expressly
include powered-lift within this
provision.
In addition, the FAA has identified an
inadvertent error in § 135.297(c)(1)(i)
and proposes a permanent correction.
Specifically, § 135.297(c) delineates the
procedures and maneuvers that are
required based on whether the person is
serving as a PIC under § 135.243(a) or
(c). However, if the person is a PIC
under § 135.243(a), § 135.297(c)(1)(i)
currently applies to the PIC of an
airplane only. Consequently, if a person
is serving as a helicopter PIC under
§ 135.243(a), § 135.297(c)(1)(i) does not
state which procedures and maneuvers
are required for the IPC. Therefore, the
FAA proposes a permanent amendment
to § 135.297(c)(1)(i) to change the word
‘‘airplane’’ to ‘‘aircraft,’’ making the
requirement applicable to any PIC under
§ 135.243(a). In making this amendment,
powered-lift PICs will also fall within
the full scope of §§ 135.297(c)(1)(i) and
135.243(a).
iii. Section 135.297(g)
Section 135.297(g) currently sets forth
the checking requirements for PICs
authorized to use an autopilot system in
place of an SIC. In part, this section
requires an autopilot check to be
completed every 12 months during the
PIC’s IPC under paragraph (a).
Therefore, paragraph (g) applies to
powered-lift PICs authorized to use an
autopilot system in place of an SIC.
Paragraphs (g)(1) and (2) specify the
tasks that the PIC must complete during
the autopilot check. Paragraph (g)(3)
specifies the standard of proficiency
that the PIC must demonstrate during
the performance of the tasks required by
paragraphs (g)(1) and (2). However, as
currently written, paragraph (g)(3) is
applicable only to airplane PICs. The
FAA asserts that the proficiency
standard is applicable to any PIC using
an autopilot in lieu of an SIC and
therefore is proposing a permanent
change to apply paragraph (g)(3) to all
aircraft.
The use of the word ‘‘aircraft’’ would
encompass airplanes, helicopters, and
powered-lift in the checking
requirement to show proficiency with
autopilot systems installed on the
aircraft. In support of this proposed
amendment, the FAA notes that
helicopter pilots that use autopilot
instead of an SIC must already complete
an autopilot check during their IPC,
under paragraphs (g)(1) and (2). The
requirements of paragraph (g)(3) would
have minimal impact because
proficiency would already have been
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demonstrated to meet the requirements
in paragraphs (g)(1) and (2).
Furthermore, with updated avionics
and technology, more helicopters
operating under part 135 have an
autopilot system installed than when
the rule was first promulgated.324 Thus,
advancements in technology now
illustrate that this equipment is likewise
available and in-use on helicopters.
When an autopilot system is installed
and its use is contemplated, the check
of proficiency must be accomplished to
the same standards all other aircraft
airmen are required to satisfy. For these
reasons, the FAA proposes permanently
amending paragraph (g)(3) to require
that if the PIC is authorized to use an
autopilot system in place of an SIC in
any aircraft, the PIC must demonstrate
proficiency in its use. Modifying
paragraph (g)(3) to require the same
checking standard for proficiency as
that required for airplane pilots will
ensure all PICs are checked on autopilot
systems to the same standard. To
provide sufficient time for existing
rotorcraft operators to update their
checking programs, if necessary, the
FAA proposes a compliance date of six
months after the effective date of the
final rule for this subsection.
issuance of a commercial pilot
certificate with a powered-lift category
rating, type rating, and an instrumentpowered-lift rating. Additionally, to
ensure the ATP privileges contained in
§ 61.167(a) are not expanded as a result
of the SFAR, a temporary limitation that
would prohibit a person who holds an
ATP certificate with powered-lift ratings
from instructing other pilots in
accordance with an approved airman
certification training program under part
135 for the purpose of obtaining a
commercial pilot certificate with a
powered-lift category rating or an
instrument-powered-lift rating.
Together, these two provisions would
ensure that a part 135 instructor holds
a flight instructor certificate with the
appropriate powered-lift ratings when
providing the foundational part 61
airman certification training in a
powered-lift. The proposed rule
language has been scoped to ensure that
the current part 135 training
environment is not altered by the SFAR.
Accordingly, the FAA does not propose
any amendment to § 135.340.
11. Section 135.340—Initial and
Transition Training and Checking:
Flight Instructors (Aircraft), Flight
Instructors (Simulator)
Section 135.340 prescribes initial and
transition training for instructors in
aircraft and simulators. As currently
written, this section applies to poweredlift flight instructors. As described in
section V.G of this preamble, the FAA
is proposing a temporary provision to
allow a part 135 operator to seek
approval to establish and implement an
airman certification training curriculum.
As part of that temporary provision, the
FAA proposes that a person must hold
a flight instructor certificate issued
under part 61 with the appropriate
ratings to provide training for the
purpose of adding a powered-lift
category rating, type rating, or an
instrument rating to a commercial pilot
certificate under a part 135 approved
training program. This determination is
based on (1) the lack of powered-lift
experience held by pilots completing
the part 135 training program, and (2)
the curriculum content required for the
Section 135.345 sets forth the
requirements for initial, transition, and
upgrade ground training for pilots and
includes a list of minimum items of
instruction that must be completed as
applicable to their duties. Currently, the
regulation discusses general items that
apply to all aircraft. However,
§ 135.345(b)(6)(iv) requires training on
operations during ground icing
conditions for airplanes only if the
operator authorizes takeoffs in ground
icing conditions. The FAA is proposing
that the training requirements in
§ 135.345(b)(6)(iv), including ground
icing, deicing/anti-icing procedures, and
surface contamination training, be
required for pilots of powered-lift, in
addition to pilots of airplanes.
In support, the FAA reasons that
powered-lift—like airplanes—may
encounter ground icing in operations,
and the pilots must be properly trained
if the operator authorizes takeoffs in
ground icing conditions. The FAA
recognizes that aircraft icing is an
aviation safety issue and, accordingly,
knowledge of these conditions will
ensure powered-lift pilots, like their
airplane counterparts, are equipped to
respond appropriately.325 Therefore, to
mitigate safety risks and accommodate
324 See i.e., Special Federal Aviation Regulation
No. 108—Mitsubishi MU–2B Series Airplane
Special Training, Experience, and Operating
Requirements, 73 FR 7034, 7042 (Feb. 6, 2008)
(explaining that ‘‘in most of today’s modern
cockpits, aircraft that are permitted to be operated
with a single pilot are required to have a functional
autopilot installed’’).
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12. Section 135.345—Pilots: Initial,
Transition, and Upgrade Ground
Training
325 See i.e., NTSB Aviation Accident Final Report,
Accident No. SEA07LA041 (finding probable cause
of helicopter accident was due, in part, to ‘‘snow
and ice ingestion’’).
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the integration of powered-lift under
this section, the FAA proposes to apply
the airplane requirements under
§ 135.345(b)(6)(iv) to powered-lift.
This proposed amendment is also
consistent with the FAA’s proposal to
extend the airplane operational
requirements under § 135.227 for
ground icing conditions to powered-lift
discussed in section VI.D of this
preamble. In proposing the amendment
to § 135.227, the FAA reasoned that
some powered-lift may contain
sophisticated aviation technology and,
in turn, possess the capability to operate
during ground icing conditions. As a
result, the FAA proposes to extend
§ 135.345(b)(6)(iv) to conform the
regulation with the training that will
now be required under the proposed
expanded scope of § 135.227.
J. Part 142 Training Centers
The FAA proposes to amend part 142
requirements for training centers to
accommodate powered-lift. These
amendments will harmonize
requirements for airplanes, powered-lift,
and rotorcraft. The amendments are
necessary because the existing
regulatory framework does not reflect
contemporary training and checking
methods. As discussed in section V.F
above, part 142 was originally codified
in 1996 to enable training centers to
provide standardized quality training,
testing, and checking to any individual,
operator, or air carrier. The final rule
contained requirements for conducting
training in an FSTD but did not address
powered-lift because there were no
powered-lift in civil use at that time.
However, in the years since part 142
was codified, significant technological
advancements in aircraft design have
occurred, including the development of
civil use powered-lift. Along with the
development of powered-lift,
sophisticated training devices for
powered-lift are being developed to
allow for training under part 142, which
is currently permitted for airplanes and
rotorcraft. The FAA recognizes the value
of FSTD training and seeks to provide
a method to accomplish FSTD training
for powered-lift, to enhance safety and
serve the public interest. Therefore, the
FAA proposes to amend
§§ 142.11(d)(2)(iii), 142.47(c)(2),
142.53(b)(2) and (3), and 142.57(c) to
permit the use of FSTDs for powered-lift
training, testing, and checking. These
amendments will also harmonize the
eligibility and testing requirements for
instructors providing inflight training in
powered-lift as well as in an FSTD for
all aircraft categories.
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1. Subpart A—General Requirements
Subpart A prescribes the requirements
governing the certification and
operation of training centers, and
provides an alternative means to
accomplish the training required by 14
CFR part 61, 63, 65, 91, 121, 125, 135,
or 137.
Section 142.11 details the application
requirements for issuance of a new or
amended training center certificate and
training specifications.326 Specifically,
§ 142.11(d)(2)(iii) states that training
specifications issued to a training center
must include the FSTDs that the
training center is authorized to use,
including the qualification level, and
the make, model, and series of airplane
or rotorcraft being simulated in the
FSTD. The FAA expects training centers
to utilize powered-lift FSTDs for
training, testing, and checking similar to
current uses of airplane and rotorcraft
FSTDs.
Therefore, the FAA proposes
amending § 142.11(d)(2)(iii) to include
powered-lift. The regulatory text would
be amended to state that training
specifications issued by the
Administrator to the certificate holder
must contain the make, model, and
series of aircraft, or set of aircraft being
simulated and the qualification level
assigned. With this amendment, training
centers would be able to apply for
training specifications and receive
authorization for the use of FAA
qualified powered-lift FSTDs, in
addition to existing airplane and
rotorcraft requirements.
2. Subpart C—Personnel and Flight
Training Equipment Requirements
Subpart C prescribes the personnel
and flight training equipment
requirements for a certificate holder that
is providing training to meet the
requirements of part 61. Section 142.47
prescribes the requirements for
instructors in an approved flight
training course. The rule requires each
instructor to satisfactorily complete
ground training on the subjects
identified in paragraph (c)(1) prior to
functioning as an instructor in a course.
The rule further states in
§ 142.47(c)(2)(ii) that a written test is
also required and must be of equivalent
difficulty, complexity, and scope as the
tests provided by the Administrator for
the flight instructor airplane and
instrument flight instructor knowledge
tests.
326 As defined in 14 CFR 142.3, training
specifications are a document issued to a training
center certificate holder by the Administrator that
prescribes that center’s training, checking, and
testing authorizations and limitations, and specifies
training program requirements.
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Although airplane is specified, the
FAA asserts that the flight instructor
knowledge tests for powered-lift and
rotorcraft would provide the most
comprehensive and relevant knowledge
items that are specific to those
categories of aircraft. An aircraft
category-specific test allows the
instructor to demonstrate the knowledge
and expertise the FAA considers
appropriate for a part 142 training
center to provide for a specific category
of aircraft. This is consistent with the
original intent of part 142 to establish a
quality source of standardized training
and testing for instructors. Therefore,
the FAA finds it is necessary to amend
the rule to include these categories of
aircraft.
Accordingly, the FAA proposes to
amend § 142.47(c)(2)(ii) to require that a
training center instructor complete a
written test that is the equivalent
difficulty, complexity, and scope as the
FAA flight instructor and instrument
flight instructor knowledge tests
applicable to the specific category of
aircraft in which the instructor will be
qualified. The proposed amendment
will ensure that powered-lift, airplane,
and rotorcraft training center instructors
are adequately tested and qualified, and
that the test they complete contains the
appropriate scope of material applicable
to the category of aircraft in which they
will instruct.
Section 142.53 prescribes training
center instructor training and testing
requirements. Under paragraph (b), each
instructor who instructs in an FFS that
the FAA has approved for all training
and testing for the ATP certification test
or aircraft type rating test must meet one
of three requirements prior to
designation and every 12 calendar
months thereafter. Of these three
requirements that an instructor may
meet to satisfy § 142.53(b), two of the
three are airplane specific. Specifically,
§ 142.53(b)(2)(i) and (b)(3)(i) are specific
to airplanes and do not include
powered-lift or rotorcraft. As a result,
powered-lift and rotorcraft FFS
instructors are currently limited to a
single compliance option under
§ 142.53(b)(1), which requires FFS
instructors to conduct inflight
operations to maintain recency of
experience.
Section 142.53(b)(1) requires the
instructor to perform two hours in
flight, including three takeoffs and three
landings as the sole manipulator of the
controls of an aircraft of the same
category and class, and, if a type rating
is required, of the same type replicated
by the approved FFS in which that
instructor is designated to instruct. The
FAA recognizes that satisfaction of this
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inflight experience requirement may
pose a challenge for FFS instructors that
do not hold a medical certificate. For
those individuals, another qualified
person would have to accompany the
instructor to act as PIC in the aircraft
because, without a medical certificate,
the FFS instructor would not be
qualified to serve as PIC. As a result,
some experienced instructors that do
not hold a medical certificate may be
excluded from serving as an FFS
instructor. The FAA’s current proposal
to afford FFS instructors additional
options other than satisfying the inflight
experience requirement provides greater
flexibility for powered-lift and rotorcraft
FFS instructors, like that provided for
their airplane FFS instructor
counterparts.
The FAA acknowledges that inflight
operations provide many training
benefits and improve pilot confidence
and competence. Pilots are able to
maintain their skills in the actual
operating environment, improve their
decision making, maintain situational
awareness, and exercise crew resource
management. However, the FAA also
considers that a line-observation
program as described in § 142.53(b)(2),
or an inflight observation program as
specified in § 142.53(b)(3), provide
equivalent training and experience for
FFS instructors. This allows all FFS
instructors (regardless of ability to
actively access inflight operations) the
opportunity to be immersed in the
operational environment. Observation
programs are beneficial for airplane FFS
instructors and the FAA asserts these
programs will be equally beneficial for
powered-lift and rotorcraft FFS
instructors.
The FAA anticipates that powered-lift
FFSs will have advanced technology,
visual cues, and be able to replicate
flight to the same degree as current FFSs
used for airplanes. The FAA believes
powered-lift instructors should have the
same flexibility to comply with any of
the three enumerated options in this
section. Additionally, rotorcraft FFSs
also incorporate advanced technology,
similar to airplane FFSs, and mirror the
airplane FFSs’ visual cues and aircraft
feel, and replicate flight of an actual
rotorcraft. Therefore, the FAA proposes
to amend paragraphs (b)(2) and (3) to
change the word ‘‘airplane’’ to
‘‘aircraft.’’ Resultantly, changing the text
to aircraft enables powered-lift and
rotorcraft instructors to complete an
observation program in addition to the
inflight training option under paragraph
(b)(1). This provides flexibility to select
the best option for instructors, reducing
environmental impact, congestion in the
NAS, and granting all instructors the
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controls and their nonconventional
operation, or both.
ability to participate in an approved
line-observation program.
Finally, § 142.57 prescribes
requirements for training center
certificate holders and applicants that
use aircraft for flight instruction.
Paragraph (b) requires the training
center certificate holder or applicant to
ensure, in part, that aircraft used in
flight instruction are two-place aircraft
with engine power controls and flight
controls easily reached from both pilot
stations. Paragraph (c) provides an
exception to this requirement,
specifically permitting the training
center to use an airplane where certain
controls are not easily reached by both
pilots if the certificate holder has
determined that the flight instruction
can be conducted in a safe manner.
As currently written, paragraph (c)
only applies to training centers using
airplanes. In the NPRM published on
August 11, 1992, the FAA’s
accompanying explanation for this
regulation illustrates that it did not
intend to limit the relief afforded by this
paragraph to only airplanes. In fact, the
preamble stated, ‘‘certain uniquely
configured aircraft can be safely
operated with flight controls that do not
meet the above standards, paragraph (c)
of this proposed section would permit a
training center to authorize the use of
such aircraft upon a finding that flight
instruction can be safely conducted in
them.’’ 327 The FAA clearly intended for
this paragraph to apply to all aircraft but
that intent was not realized when the
regulatory text used the word
‘‘airplane.’’
Two-place aircraft with engine power
controls and flight controls that are not
easily reached from both pilot stations
are continually designed and
manufactured; this is not unique to only
airplanes. These aircraft are distinctly
configured, and the certificate holder is
in a position to determine whether they
may be safely operated for the purposes
of flight instruction considering the
location of controls and operation for
that specific aircraft. Therefore, the FAA
continues to support the original
intention that relief is warranted for all
aircraft and proposes to change the
word ‘‘airplane’’ in § 142.57(c) to
‘‘aircraft.’’ This amendment would
allow training centers to utilize an
airplane, powered-lift, or rotorcraft with
controls not easily reached and operated
in a conventional manner by both pilots
if the certificate holder determines the
flight instruction can be conducted in a
safe manner considering the location of
Subpart K was added to part 91 in
2003 to establish criteria for fractional
ownership programs.328 It allows
fractional owners and the management
company to share operational control of
the aircraft and delineates operational
control responsibilities. It also contains
regulatory safety standards for
operations under fractional ownership
programs, including pilot training.
Subpart K currently has two poweredlift references in §§ 91.1001(b)(10) and
91.1053(a)(2). These references were
included when subpart K of part 91 was
codified to prescribe specific
applicability and crew training
requirements for fractional ownership
operations.
Section 91.1053 prescribes the FAA
certification and ratings required to
serve as a pilot in a powered-lift as part
of a fractional ownership program and
is applicable to powered-lift as written.
Section 91.1053(a)(2)(i) requires the PIC
of a powered-lift to hold an ATP
certificate and applicable type ratings to
conduct operations under subpart k of
part 91. The FAA proposes to
permanently amend § 91.1053(a)(2)(i) to
clarify that the type rating required
cannot be limited to VFR only
operations.
Under the VFR only type rating
proposed in section V.H of this
327 Aircraft Flight Simulator Use in Pilot Training,
Testing, and Checking and at Training Centers, 57
FR 35905 (Aug. 11, 1992).
328 Regulation of Fractional Aircraft Ownership
Programs and On-Demand Operations, 68 FR 54561
(Sep. 17, 2003).
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3. Temporary Alternate Means To
Satisfy Minimum Curriculum Content
in Training Courses Under Part 142
As discussed previously in section
V.G.1 of this preamble, some poweredlift may not be capable of performing all
the tasks listed in the appropriate ACS
for that practical test for the certificate
or rating sought. The FAA proposes that
if it authorizes an examiner to waive a
specific task during the practical test
because the powered-lift is incapable of
performing the task, the applicant
should also be relieved from the
requirement to receive flight training on
that task. Therefore, in proposed
§ 194.251, the FAA proposes that a
training course for which approval is
requested is not required to consist of
training on a task specified in an area of
operation if the powered-lift is not
capable of performing the task, provided
the FAA has issued waiver authority for
that task in accordance with
§ 194.207(b).
K. Subpart K of Part 91 Pilot
Qualifications
PO 00000
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preamble, a pilot may take their
instrument rating practical test within
two calendar months after they pass the
type rating practical test in a poweredlift. However, the FAA finds that the
skills and experience required to pass
an instrument rating practical test are
necessary to ensure safety in subpart K
operations. In part, the instrument
rating requirements necessary to pass
the associated practical test ensure that
PICs of powered-lift possess proper
training and experience in simulated
and actual instrument conditions. This
is particularly important when
considering the operating environment
anticipated for powered-lift in subpart K
operations, where pilot error can be
immediately safety-critical when
encountering IMC or areas of lower
visibility. For these reasons, and those
discussed more fully in support of
restricting the use of a VFR only type
rating in part 135 operations above, the
FAA proposes a permanent amendment
to § 91.1053(a)(2)(i) to clarify that the
type rating required to operate under
subpart k of part 91 cannot be limited
to VFR only operations.
Section 91.1055 prescribes pilot
operating limitations and pairing
requirements for fixed-wing program
aircraft. The regulation requires the PIC
to execute takeoffs and landings under
certain operational conditions when the
SIC has less than 100 hours of flight
time as SIC in the aircraft make and
model and type, if a type rating is
required, and the PIC is not an
appropriately qualified check pilot. The
FAA maintains that the familiarity
required for SICs should be the same for
powered-lift as required for fixed-wing
aircraft. The crew pairing and
operational limitations required by this
section are designed to ensure the
flightcrew possess the necessary
familiarity and experience to safely
operate the aircraft. Therefore, to ensure
an appropriate level of safety for
powered-lift, the FAA is proposing that
this rule apply to powered-lift under the
SFAR.
Lastly, § 91.1065 prescribes the initial
and recurrent pilot testing requirements.
To ensure an appropriate level of safety
is maintained when these aircraft are
operated, the FAA notes that
§ 91.1065(b) applies to each type of
anticipated powered-lift because this
section currently applies to the type of
multiengine aircraft, turbojet airplane,
or rotorcraft. As described in section
VI.A of this preamble, all powered-lift
coming to market are multiengine
aircraft, and the FAA does not
anticipate civil single-engine poweredlift to be developed during the term of
this SFAR. As such, in accordance with
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existing § 91.1065(b), PICs and SICs of
powered-lift fractional ownership
program operations must complete a
competency check in each type of
powered-lift in which the pilot will
serve every 12 calendar months.
Accordingly, the FAA is not proposing
any amendments to § 91.1065(b).
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Changes for Airmen
TABLE 8—SUMMARY OF PROPOSED TEMPORARY PROVISIONS IN SFAR
14 CFR §
affected
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Topic
Cross-country
time
61.1(b)
Qualification requirements for
part 135 flight
instructors
61.3(d)(2)
61.3(d)(3)(ii)
61.167(a)(2)
61.195(b)(1)
Practical tests in
powered-lift that
are incapable of
performing certain tasks
61.45(b)
Flight training on
tasks for which
the FAA has
provided waiver
authority
61.107(a), (b)(5)
61.127(a), (e)
Additional qualification requirements for certain pilots serving as SIC
61.55
Eligibility requirements for a person seeking a
powered-lift
type rating
61.63(d) and (e)
Current requirement
19:58 Jun 13, 2023
Summary of proposed alternate requirement in
SFAR
• To log cross-country time in a
powered-lift, the flight must include at least a straight-line
distance of more than 50 nautical miles.
• To instruct in a powered-lift
under a part 135 approved
training program, a person
must hold either a flight instructor certificate or an ATP
certificate with the appropriate
powered-lift ratings.
194.201
• Allows a person to log cross-country time in a
powered-lift when the flight includes at least a
straight-line distance of more than 25 nautical
miles.
194.203(b)
194.205
194.243(a)(1)
• An applicant for a certificate or
rating may use an aircraft with
operating characteristics that
preclude the applicant from
performing all the tasks required for the practical test, but
the certificate or rating will be
issued with an appropriate limitation.
• An applicant for a private pilot
certificate or a commercial pilot
certificate with a powered-lift
category rating must receive
flight training on the areas of
operation
listed
in
§ 61.107(b)(5) or § 61.127(e),
as appropriate to the certificate
sought.
• A person serving as SIC of an
aircraft type certificated for
more than one required pilot
flight crewmember or in operations requiring an SIC pilot
flight crewmember must meet
the qualification requirements
contained in § 61.55.
194.207(a) and
(b)
• Requires a person to hold a flight instructor certificate with the appropriate powered-lift ratings
to conduct training in accordance with a part
135 approved training curriculum that culminates in a commercial pilot certificate with a
powered-lift category rating, an instrument-powered-lift rating, and an initial powered-lift type
rating.329
• Allows an examiner who conducts a practical
test in a powered-lift that is unable to perform
all the tasks required for the practical test to
waive any task for which the FAA has provided
waiver authority and enables the issuance of
powered-lift ratings without limitations.
• An applicant seeking an aircraft type rating concurrently
with an aircraft category rating
must hold or concurrently obtain an appropriate instrument
rating unless the aircraft is not
capable of instrument maneuvers and procedures.
194.211
329 As discussed in section V.F of this preamble,
this proposal would not alter the current part 135
training environment. A part 135 instructor would
only be required to hold a flight instructor
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§
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194.207(c);
194.251
• Relieves an applicant from the requirement to
receive flight training on a task specified in an
area of operation if the task cannot be performed in the powered-lift, as determined by the
FAA’s issuance of waiver authority for the task
on a practical test.
194.209
• Adds an SIC qualification requirement for persons who obtain a powered-lift category rating
by passing a practical test during which the examiner waived a required task. To serve as SIC
of a powered-lift that is capable of performing
the waived task, the person must receive training from an authorized instructor on the task
and an endorsement certifying that the person
has satisfactorily demonstrated proficiency of
the task, subject to certain exceptions.
• Relieves an applicant seeking a powered-lift
type rating concurrently with a powered-lift category rating from the requirement to concurrently obtain an instrument-powered-lift rating,
which would require three practical tests simultaneously. Instead, allows the applicant to complete the instrument rating practical test and the
instrument portion of the type rating practical
test later by issuing a ‘‘VFR only’’ limitation on
the powered-lift type rating, which would remain
valid for 2 calendar months.330
certificate with powered-lift ratings to conduct
training in the part 135 operator’s airmen
certification curriculum proposed in § 194.243(a).
PO 00000
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330 A person holding a private pilot certificate is
not required to remove the ‘‘VFR Only’’ limitation
if the limitation applies to a powered-lift type that
is not a large aircraft or turbojet-powered.
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
TABLE 8—SUMMARY OF PROPOSED TEMPORARY PROVISIONS IN SFAR—Continued
14 CFR §
affected
ddrumheller on DSK120RN23PROD with PROPOSALS2
Topic
Current requirement
Proposed SFAR
§
Aeronautical experience and
logging requirements for a
commercial pilot
certificate with a
powered-lift category rating
61.129(e)
61.51(e)
• Section 61.129(e) contains the
aeronautical experience requirements for a person seeking a powered-lift category rating on a commercial pilot certificate. Section 61.51(e) contains the requirements for logging PIC flight time.
194.215;
194.217
through
194.223;
194.233
Aeronautical experience and
logging requirements for an instrument-powered-lift rating
61.65(f)
61.51(e)
• Section 61.65(f) contains the
aeronautical experience requirements for a person seeking an instrument-powered-lift
rating. Section 61.51(e) contains the requirements for logging PIC flight time.
194.215;
194.225
through
194.231;
194.235
Cross-country
aeronautical experience requirements for
a private pilot
certificate with a
powered-lift category rating
61.109(e)(2)(i),
(e)(5)(ii)
194.237
PIC and SIC operating limitations and pairing requirement
in part 91, subpart K, operations
91.1055(a)
Commuter operations with airplanes requiring
two pilots by
type certification
135.3(b)
• Requires an applicant for a private pilot certificate with a
powered-lift category rating to
complete (1) a cross-country
flight of over 100 nautical miles
total distance, and (2) a solo
cross-country flight of 150 nautical miles total distance with
one segment of the flight consisting of a straight-line distance of more than 50 nautical
miles.
• Requires SIC of a fixed-wing
program aircraft with fewer
than 100 hours of flight time as
SIC flying in the aircraft make
and model and, if a type rating
is required, in the type aircraft
being flown, to have the PIC, if
not an appropriately qualified
check pilot, make all takeoffs
and landings in the situations
listed in paragraphs (a)(1) and
(2).
• Requires certificate holders
that conduct commuter operations under part 135 with airplanes in which two pilots are
required by type certification
rules of chapter I to comply
with subparts N and O of part
121, instead of subparts E, G,
and H of part 135.
PIC operating experience requirements in
commuter operations
135.244(a)(1)
through (4)
• Requires PIC in commuter operations to complete the applicable operating experience listed
in
paragraphs
(a)(1)
through (4) in the make and
basic model of aircraft to be
flown.
194.247(c)
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Summary of proposed alternate requirement in
SFAR
• Establishes alternate experience and logging
requirements that remove current regulatory
burdens and facilitate commercial pilot certification in the powered-lift category for the following groups of pilots: (1) test pilots and instructor pilots, (2) initial cadre of instructors for
an approved training program under part 135,
141, or 142, and (3) persons completing an approved training program under part 135, 141, or
142.
• See Tables 2, 3, and 4 in section V.E of this
preamble for additional information.
• Establishes alternate experience and logging
requirements that remove current regulatory
burdens and facilitate the ability to obtain an instrument-powered-lift rating for the following
groups of pilots: (1) test pilots and instructor pilots, (2) initial cadre of instructors for an approved training program under part 135, 141, or
142, and (3) persons completing an approved
training program under part 135, 141, or 142
• See Tables 5, 6, and 7 in section V.E. of this
preamble for additional information.
• Establish alternate cross country experience requirements that allow an applicant for a private
pilot certificate with a powered-lift category rating to complete certain cross-country flights
with reduced nautical mile distances.
194.245(a)
• Applies fixed-wing program aircraft pairing requirement to SICs operating powered-lift.
194.247(b)
• Adds a requirement for certificate holders conducting commuter operations under part 135
with powered-lift requiring two pilots by the aircraft flight manual to comply with subpart Y of
part 121, the Advanced Qualification Program
(AQP). PICs would also be required to receive
other instruction, facilitated discussion, and
training, including scenario-based training, as
part of their initial, recurrent, and upgrade
ground training.
• Makes operating experience requirements in
paragraphs (a)(1) through (4) inapplicable to
powered-lift PICs and establishes 20-hour PIC
operating experience requirement in each make
and basic model of powered-lift to be flown.
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39023
TABLE 8—SUMMARY OF PROPOSED TEMPORARY PROVISIONS IN SFAR—Continued
Topic
14 CFR §
affected
Current requirement
Proposed SFAR
§
Initial, transition,
and upgrade
ground training
for pilots
135.345(b)(6)(iv)
194.247(d)
• Establishes that initial, transition, and upgrade
ground training under § 135.345 for powered-lift
pilots
must
include
instruction
in
§ 135.345(b)(6)(iv), as applicable.
Pilot certification
through completion of training,
testing, and
checking under
part 135
N/A
• Requires initial, transition, and
upgrade ground training for pilots for each aircraft type to include knowledge and procedures for operating airplanes
during ground icing conditions,
including the areas listed in
paragraphs
(b)(6)(iv)(A)
through (G), if the certificate
holder expects to authorize
takeoffs in ground icing conditions.
• No current requirement.
194.243
Qualification requirements for
chief instructors, assistant
chief instructors, and check
instructors
141.35(a)(1)
141.36(a)(1)
141.37(a)(2)(ii)
194.241(a)
Qualification requirements for
check instructors for checks
and tests that
relate to ground
training
141.37(a)(3)(ii)
• Requires a chief instructor, assistant chief instructor, and a
check instructor (for checks
and tests that relate to a flight
training course) to hold (1) a
commercial pilot certificate or
ATP certificate with the appropriate aircraft category and
class ratings, and (2) a flight
instructor certificate with the
appropriate category and class
ratings.
• Requires a check instructor
(for checks and tests that relate to ground training) to hold
ground instructor certificate or
a flight instructor certificate
with the appropriate category
and class ratings.
• Allows part 119 certificate holders authorized to
conduct part 135 operations to establish and
implement certain training curriculums to satisfy
training and experience requirements by facilitating alternate eligibility standards for pilots
who may be trained under such curricula and
using competency checks and proficiency
checks required by part 135 to satisfy practical
test requirements.
• Relieves persons seeking designation as a
chief instructor, assistant chief instructor, or
check instructor (for checks and tests that relate to flight training) in a course of training for
a powered-lift from the requirement to hold a
class rating on the pilot certificate and flight instructor certificate.
194.241(b)
Summary of proposed alternate requirement in
SFAR
• Relieves persons seeking designation as a
check instructor (for checks and tests that relate to ground training) in a course of training
for a powered-lift from the requirement to hold a
class rating on the flight instructor certificate.
TABLE 9—SUMMARY OF PROPOSED PERMANENT CHANGES
ddrumheller on DSK120RN23PROD with PROPOSALS2
Provision
14 CFR § affected
Certificates and ratings issued under
part 61.
61.5(b)(7)
Type rating requirements .....................
61.31(a)
SIC qualifications .................................
61.55(a)
Additional aircraft ratings .....................
61.63(h)
61.165(g)
Clarification of Requirements for a
Practical Test in an Aircraft Requiring a Type Rating.
61.39(a)(iii); 61.43(g);
61.47(d)
Use of an FFS or FTD .........................
61.64(e), (f)
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Summary of proposed provision
• Adds powered-lift to the list of aircraft type ratings that may be placed on
a pilot certificate when an applicant satisfactorily accomplishes the training and certification requirements for the rating sought.
• Relocates the SIC pilot type rating from the list of aircraft type ratings to
an independent provision.
• Adds powered-lift to the list of aircraft for which a PIC must hold a type
rating.
• Adds a provision to cross-reference the proposed SIC qualification requirements in the SFAR that would apply only to persons seeking to
serve as SIC of a powered-lift that is capable of performing tasks that the
person was never trained or tested on.
• Removes provisions that enable a pilot to apply for a category and class
rating that is limited to a specific make and model of experimental aircraft
based on flight time that was logged between September 1, 2004, and
August 31, 2005. Because persons have had over 15 years to obtain a
limited rating under these provisions, FAA anticipates that these provisions are obsolete.
• Adds a provision to make clear that a person may not furnish an aircraft
that requires a type rating (or a FSTD representing an aircraft requiring a
type rating) for the practical test without seeking a type rating for that aircraft.
• Requires a person completing the entire practical test in a Level C or
higher FFS to obtain a powered-lift type rating with a PIC limitation unless
the person has 500 hours of flight time in the type of powered-lift.
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TABLE 9—SUMMARY OF PROPOSED PERMANENT CHANGES—Continued
ddrumheller on DSK120RN23PROD with PROPOSALS2
Provision
14 CFR § affected
Private Pilot Aeronautical experience:
Powered-lift category rating.
ATP Aeronautical experience: Powered-lift category rating.
61.109(e)(5)
ATP privileges and limitations ..............
61.167(a)(2)
Crewmember experience and minimum equipment list requirements
for program aircraft.
91.1053(a)(2)(i)
91.1115(b)(1)
PIC qualifications for certain part 135
passenger-carrying operations.
135.243(a)
PIC qualifications to conduct VFR and
IFR operations under part 135.
135.243(b) and (c)
SIC qualifications under part 135 ........
135.245(c)
Initial and recurrent pilot testing requirements in part 135 operations.
135.293(a)(9), (b), and
(c)
PIC instrument proficiency check requirements under part 135.
135.297(c)(1), (g)(3)
Training center certificate holder training specifications.
Training center instructor eligibility requirements.
142.11(d)(2)(iii)
Training center instructor training and
testing requirements.
Flight instruction aircraft requirements
for training centers.
142.53(b)(2)(i) and
(b)(3)(i)
142.57(c)
61.163(c)
142.47(a)(5)(ii) and
(c)(2)(ii)
VI. Operational Rules for Powered-Lift
A. Introduction
The following sections detail the
operational rules that the FAA proposes
to apply to powered-lift under the
SFAR. Through the proposed SFAR, the
FAA would provide a pathway to
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Summary of proposed provision
• Requires a person seeking a powered-lift category rating on a private
pilot certificate to obtain 10 hours of solo flight time in a powered-lift.
• Permits flight time logged under SIC PDP to be credited towards 1,500
hours of total time required for an ATP certificate with a powered-lift category rating.
• Adds reference to the ATP experience requirements of § 61.163 to enable
a person who holds an ATP certificate with a powered-lift category rating
to have instructional privileges consistent with those afforded to ATP certificate holders with airplane and helicopter ratings.
• Requires that type rating for PIC operating powered-lift in program operations under subpart K of part 91 not be limited to VFR only.
• Adds powered-lift and other aircraft to regulation prescribing instruments
and equipment that may not be included in the Minimum Equipment List.
• Adds requirement to hold an ATP certificate with a powered-lift category
rating and an appropriate type rating not limited to VFR for that poweredlift, when serving as PIC in: (1) on-demand passenger-carrying turbojetpowered powered-lift operations; (2) on-demand operations in a poweredlift having a passenger seating configuration, excluding crewmember
seats, of ten or more; and (3) powered-lift commuter operations other
than turbojet-powered powered-lift.
• Requires the PIC of a part 135 VFR operation in a powered-lift to hold a
commercial pilot certificate with appropriate category ratings, an appropriate type rating not limited to VFR, and an instrument-powered-lift rating
or an ATP certificate with a powered-lift category rating.
• Requires the PIC of a part 135 IFR operation in a powered-lift to hold a
commercial pilot certificate with appropriate category ratings, a type rating
for the aircraft not limited to VFR, and an instrument-powered-lift rating or
an ATP certificate with a powered-lift category rating.
• Adds requirements for maintaining instrument experience for powered-lift
SICs that operate under IFR.
• Adds testing requirement for powered-lift pilots on specific procedures to
recognize and avoid hazardous visibility conditions.
• Adds competency check requirement to be conducted in the type of powered-lift in which the pilot will serve.
• Requires competency check in a powered-lift to include a demonstration
of the pilot’s ability to maneuver the powered-lift solely by reference to instruments; safely maneuver the powered-lift into VMC following an inadvertent encounter with IMC; and, for non-IFR-certificated powered-lift, requires performance of maneuvers appropriate to the powered-lift’s installed equipment, the certificate holder’s operations specifications, and
the operating environment.
• Modifies instrument proficiency check requirements to align powered-lift,
rotorcraft, and airplane PIC IPC requirements.
• Modifies PIC IPC requirements when using autopilot instead of an SIC in
powered-lift and rotorcraft, to align with IPC requirements when using
autopilot instead of an SIC in an airplane.
• Adds training specification requirements for powered-lift flight simulators
and flight training devices.
• Adds requirement that instructors providing instruction in flight simulators
or flight training devices that represent aircraft requiring a type rating, or
in a curriculum leading to an ATP certificate or adding a rating to an ATP
certificate, meet the aeronautical experience requirements of § 61.159,
§ 61.161, or § 61.163.
• Clarifies scope of knowledge tests that instructors must satisfactorily complete.
• Adds allowance for instructors instructing in a flight simulator for an ATP
certificate or type rating to meet one of three requirements.
• Adds exception for training centers to use aircraft with controls not easily
reached from both pilot stations if the certificate holder determines the
flight instruction can be conducted in a safe manner.
integrate powered-lift operations into
parts 91, 97, 135, and 136. The FAA
proposes to apply specific airplane,
rotorcraft, and helicopter rules to
powered-lift as appropriate.331
331 The FAA notes that there are some
inconsistencies in how FAA regulations currently
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Currently, parts 43, 91, 97, 135, and
136 contain certain provisions
applicable to aircraft, generally, and do
refer to ‘‘rotorcraft’’ versus ‘‘helicopter.’’ In this
preamble, the FAA references the term that is
currently used in each regulation. In the future, the
FAA may propose standardizing the use of
‘‘rotorcraft’’ or ‘‘helicopter.’’
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not specify applicability to a particular
kind of aircraft (e.g., airplane, rotorcraft,
or powered-lift). Accordingly, these
provisions are already applicable to
powered-lift because powered-lift meet
the definition of aircraft in § 1.1. In
order to mitigate the safety gaps that
exist due to the absence of operational
regulations specifically applicable to
powered-lift, the FAA proposes, through
the SFAR, to apply specific airplane,
rotorcraft, and helicopter rules
contained in parts 43, 91, 97, 135, and
136 to powered-lift as appropriate. The
FAA conducted a comprehensive
review of the operational rules, taking
into consideration the anticipated
capabilities of powered-lift and the lack
of operational data. Each rule was
evaluated to determine whether the
airplane or the rotorcraft/helicopter
provisions would maintain a level of
safety for powered-lift operations as is
provided in the current rules. Based on
this review, the FAA asserts that the
proposed provisions will maintain an
equivalent level of safety for operations
conducted in powered-lift to those
conducted in airplanes, rotorcraft, or
helicopters.
In conducting its analysis, the FAA
noted the hybrid nature of the
performance characteristics for
powered-lift and reviewed the rules that
explicitly state airplane, rotorcraft, and
helicopter. Powered-lift have the ability
to takeoff and land vertically like
helicopters, but also fly similar to an
airplane. The FAA anticipates some
powered-lift may also be capable of
conducting takeoff and landing
operations that depend on wing-borne
lift, similar to an airplane. The FAA also
anticipates powered-lift operators will
maximize the aircraft’s unique
characteristics to conduct a range of
different operations. These operations
will likely include low speed, short
distance, and short duration flights
typically flown in helicopters; as well as
longer, faster, and higher altitude flights
typically flown by airplanes. The FAA
reasons that while powered-lift have a
range of performance characteristics, the
majority of the powered-lift flight time
will be during cruise operations.
Moreover, when operating similar to a
helicopter, powered-lift may have
substantial differences in performance,
transition times, and methods; and vary
in their ability to sustain hover, land at
a heliport, or execute copter approaches.
The FAA acknowledges that the
capability of every powered-lift may not
be captured or accommodated by the
SFAR. However, the SFAR is a
temporary regulatory structure that
allows the FAA time to draft permanent
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rules. Ultimately, the FAA proposes
rules it considers appropriate for
powered-lift based on risk and available
data. The FAA seeks comment on this
approach for operational rules as
temporarily applied to powered-lift.
1. Aircraft References and Other
Definitions in Section 1.1
As discussed previously, the
regulations under title 14 of the Code of
Federal Regulations that reference
‘‘aircraft’’ currently apply to poweredlift. As a result, the FAA generally does
not address regulations pertaining to
aircraft within the operational section of
this preamble. The FAA analyzed
regulations that reference airplane,
rotorcraft, aircraft with propellers or
rotors, helicopter, powerplant, and
engine to determine which of those
regulations should apply to poweredlift, in addition to the requirements
already applicable to ‘‘aircraft.’’
To enable powered-lift to conduct
extended overwater operations and to
use heliports in those operations, the
FAA proposes to apply the ‘‘extended
over-water operation’’ and ‘‘heliport’’
definitions in § 1.1 to powered-lift.
‘‘Extended over-water operation’’ for
helicopters is defined as ‘‘an operation
over water at a horizontal distance of
more than 50 nautical miles from the
nearest shoreline and more than 50
nautical miles from an off-shore heliport
structure.’’ Section 1.1 defines
‘‘heliport’’ as ‘‘an area of land, water, or
structure used or intended to be used for
the landing and takeoff of helicopters.’’
The FAA recognizes that it has
published interim guidance for vertiport
design, and industry is seeking use of
existing infrastructure, including
heliports. The FAA is evaluating
whether these structures could be used
with modification. The FAA proposes to
enable operations using heliports and
solicits comments from industry on the
viability of this proposal. The FAA
discusses this proposal in more detail in
sections VI.B and VI.D of this preamble.
2. Powerplant and Engine References
Within the operational rules of this
SFAR, the FAA generally does not
impose requirements based on the
powerplant of the powered-lift. For
example, where a regulation refers to an
aircraft powered by turbines, the FAA
takes the approach that such regulations
should apply to all powered-lift. The
FAA anticipates that certain
powerplants, such as electric motors,
may have equal or better performance in
comparison to internal combustion
engines, which could lead to higher
performance capabilities, so in an
abundance of caution, the FAA is
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39025
generally taking a more conservative
approach and requiring that certain
operating regulations apply to all
powered-lift, regardless of powerplant.
There are, however, some regulations
where the FAA proposes to apply
certain regulations based on powerplant
because those regulations contain
factors other than performance which
trigger the applicability of that
particular regulation (e.g., the regulation
is powerplant specific to maintain the
intent for noise abatement in certain
classes of airspace). In those instances,
the FAA explains why it proposes to
retain the powerplant reference.
Notably, as stated in section V.J of this
preamble, at present, the FAA does not
anticipate the introduction of turbojetpowered powered-lift into the civilian
market. The FAA recognizes that in the
Update to Air Carrier Definitions NPRM,
the FAA proposes amendments to
definitions to distinguish between
powered-lift that are turbojet-powered
and those that are not for purposes of
forecasting an operational framework
based on aircraft performance. The FAA
also references turbojet-powered
powered-lift for purposes of proposing
an airman certification framework for
pilots of those aircraft; however, due to
the lack of turbojet-powered poweredlift expected to enter the civilian market
during the term of this SFAR, it is
appropriate for the operating regulations
to generally remain powerplant neutral
at this time.
This proposed rule refers to poweredlift electric motors as ‘‘engines.’’ The
FAA has previously determined that it
is appropriate to use the term ‘‘engine’’
for powered-lift electric motors to
remain consistent with regulatory
references to ‘‘engines’’ and to ensure
the appropriate regulations apply to
powered-lift.332 In addition, the FAA
does not impose requirements
specifically for ‘‘multiengine’’ poweredlift, even though many regulations
within parts 91, 135, and 136 reference
‘‘multiengine’’ airplanes and aircraft.333
The FAA acknowledges that currently
all civil powered-lift coming to market
are multiengine aircraft, and it does not
anticipate civil single-engine poweredlift to be developed during the term of
this SFAR. Accordingly, to reduce
redundancy and to ensure the
332 The FAA issued the first special conditions for
an electric engine in September 2021. See Special
Conditions: magiX USA, Inc., magni350 and
magni650 Model Engines; Electric Engine
Airworthiness Standards, 86 FR 53508 (Sep. 27,
2021).
333 See, e.g., §§ 91.501 (applying the operational
requirements of subpart F to turbine-powered
multiengine airplanes) and 135.152 (requiring FDRs
on certain multiengine, turbine-engine powered
airplanes).
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regulations apply as intended, the FAA
applies multiengine regulations to all
powered-lift.
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3. Flight Modes
The operational rules of this SFAR
refer to two flight modes: wing-borne
flight mode and vertical-lift flight mode.
Wing-borne flight mode refers to
powered-lift that are operating more like
traditional airplanes, which use a wing
to generate lift and depend exclusively
or partially on nonrotating airfoil(s) for
lift during takeoff, landing, or horizontal
flight. Vertical-lift flight mode refers to
powered-lift that are operating like
traditional rotorcraft, which are capable
of vertical takeoff, vertical landing, and
low speed flight; and depend
principally on engine-driven lift devices
or engine thrust for lift.
Performance Standards (MOPS) for
Helicopter Terrain Awareness and
Warning System (HTAWS) Airborne
Equipment (Mar. 13, 2008). Section 2 of
RTCA DO–309 contains the equipment
performance requirements and test
procedures for Helicopter Terrain
Awareness and Warning Systems. It
may be obtained from RTCA, Inc., 1150
18th St. NW, Suite 910, Washington, DC
20036; telephone (202) 833–9339;
website: www.rtca.org/products.
In accordance with 5 U.S.C. 552(a)
and 1 CFR part 51,335 all approved
materials are available for inspection at
the FAA’s Office of Rulemaking, 800
Independence Avenue SW, Washington,
DC 20590 (telephone (202) 267–9677).
B. Part 91 Rules for Powered-Lift
Part 91 prescribes flight rules
governing the operation of aircraft
4. Incorporation by Reference
within the U.S., including the waters
Incorporation by reference (IBR) is a
within 3 nautical miles of the U.S.
mechanism that allows Federal agencies coast.336 Part 91 establishes broad
to comply with the requirements of the
requirements for aircraft operators,
Administrative Procedure Act to
aircraft equipment, and aircraft
publish rules in the Federal Register
maintenance, and specifically references
powered-lift in subpart K. The
and the CFR by referring to material
published elsewhere.334 Material that is references to powered-lift were added to
part 91 in 2003 as part of the fractional
incorporated by reference has the same
legal status as if it were published in full ownership amendments.337 At the time
of the fractional ownership amendments
in the Federal Register. The standards
referenced in this rule include technical to part 91, the FAA did not consider it
necessary to address powered-lift
information and specifications for
throughout part 91 because powered-lift
equipment and capabilities required to
were not available for civil operations.
meet terrain awareness and warning
As a result, powered-lift were not
systems and helicopter terrain
included as a type of aircraft in part 91,
awareness and warning systems.
and the part 91 operational rules that
The standards referenced in
are based on category or class of aircraft
§§ 194.109, 194.302, 194.307, and
do not apply to powered-lift.
194.308 of this proposed rule are
The FAA limits the scope of this
proposed to be incorporated by
SFAR to include only the relevant
reference with the approval of the
operational rules in 14 CFR part 91,
Director of the Office of the Federal
subparts A through H 338 and K.
Register under 5 U.S.C. 552(a) and 1
CFR part 51.
335 5 U.S.C. 552(a) requires that matter
1. TSO–C194, Helicopter Terrain
incorporated by reference be ‘‘reasonably available’’
Awareness and Warning System (Dec.
as a condition of its eligibility. Further, 1 CFR
17, 2008). This TSO contains the
51.5(a)(1) requires that agencies seeking to
minimum performance standards the
incorporate material by reference discuss in the
preamble of the proposed rule the ways that the
helicopter terrain awareness and
material it is incorporating by reference is
warning system must meet for approval
reasonably available to interested parties and how
and identification with the TSO
interested parties can obtain the material.
336 The FAA notes that in addition to part 91
marking. It may be obtained from the
regulating the operation of aircraft within 3 nautical
U.S. Department of Transportation,
miles of the U.S. coast, certain part 91 regulations
Subsequent Distribution Office, DOT
apply to persons operating aircraft over waters
Warehouse M30, Ardmore East Business between 3 and 12 nautical miles from the U.S.
Center, 3341 Q 75th Avenue, Landover,
coast. See 14 CFR. 91.1(b).
337 Regulation of Fractional Aircraft Ownership
MD 20785; telephone (301) 322–5377. It
Programs and On-Demand Operations; Final Rule,
is also available on the FAA’s website
FR 54520 (Sep. 17, 2003).
at www.faa.gov/aircraft/air_cert/design_ 68338
Subparts A through H address general
approvals/tso/. Select the link ‘‘Search
operating rules flight rules; equipment instrument
Technical Standard Orders.’’
and certificate requirements; special flight
operations, maintenance, preventive maintenance
2. Section 2, Equipment Performance
and alteration, large and turbine-powered
Requirements and Test Procedures, of
multiengine airplanes and fractional ownership
RTCA DO–309, Minimum Operational
program aircraft; and additional equipment and
334 See
5 U.S.C. 552(a) and 1 CFR part 51.
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operating requirements for large and transport
category aircraft, respectively.
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Applying the specific airplane or
helicopter rules from these subparts will
provide an appropriate level of safety
for powered-lift operations. Regulations
from subparts I, J, L, M, and N 339 are
not addressed in this SFAR because
they apply to aircraft generally, and thus
already apply to powered-lift, or
because they apply to a distinct class of
aircraft to which powered-lift do not
belong.
The discussion that follows explains
the proposed application of specific part
91 regulations to powered-lift, as
reflected by the tables contained in
proposed §§ 194.302 and 194.303. These
provisions are organized by subpart in
the rule. As an additional note, § 91.905
has a list of specific regulations that are
subject to waiver, as described in
§ 91.903. Powered-lift operators may
also apply for waivers from those
provisions if they cannot comply with
the requirements subject to waiver,
including those modified by the SFAR,
or, if the provision is not subject to
waiver, the operator may seek an
exemption.
1. Subpart A—General Requirements
Subpart A prescribes rules governing
the operation of aircraft within the U.S.,
including the waters within 3 nautical
miles of the U.S. coast.340 The
provisions are applicable to all aircraft
operating in the NAS, unless
specifically excepted, such as for
aircraft governed by part 103 or 107.
The proposed SFAR addresses only
one section of subpart A, § 91.9.
Paragraphs (a) and (b) of § 91.9 specify
the requirements for complying with the
operating limitations in an approved
Airplane or Rotorcraft Flight Manual,
and requirements for maintaining the
Airplane or Rotorcraft Flight Manual in
the aircraft, as appropriate to the
aircraft. The FAA proposes in
§ 194.302(a) to apply the requirement to
comply with the operating limitations of
the aircraft’s approved flight manual to
powered-lift and to maintain the flight
manual in the powered-lift. The FAA
expects such aircraft to have an Aircraft
Flight Manual approved through the
airworthiness certification process, just
as with airplane and rotorcraft
certification and intends for powered339 See subpart I, Operating Noise Limits; subpart
J, Waivers; subpart L, Continued Airworthiness and
Safety Improvements; subpart M, Special Federal
Aviation Regulations; and subpart N, Mitsubishi
MU–2B Series Special Training, Experience, and
Operating Requirements.
340 As previously mentioned, in addition to part
91 regulating the operation of aircraft within 3
nautical miles of the U.S. coast, certain part 91
regulations apply to persons operating aircraft over
waters between 3 and 12 nautical miles from the
U.S. coast. See 14 CFR. 91.1(b).
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lift operators to comply with the manual
requirements in this section, as is the
case for airplanes and rotorcraft. The
FAA also proposes a permanent
amendment to § 91.1(d) to change the
term ‘‘airplane’’ to ‘‘aircraft’’ because
these provisions apply to all aircraft.
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2. Subpart B—Flight Rules
Subpart B prescribes the flight rules
governing the operation of aircraft
within the U.S. and within 12 nautical
miles from the coast of the U.S. This
subpart primarily imposes requirements
on all ‘‘aircraft,’’ which, as mentioned
previously, already apply to poweredlift.
i. General
Section 91.103—Preflight action—
contains the requirement for a PIC to be
familiar with all available information
concerning that flight. This information
must include takeoff and landing
distance data as specified in an
approved Airplane or Rotorcraft Flight
Manual. The FAA proposes that
powered-lift with an Aircraft Flight
Manual approved through the aircraft
certification process in part 21 comply
with the provisions in § 91.103. The
FAA has determined that the
requirement to be familiar with the
takeoff and landing distance data in the
manual, as set forth in paragraph (b),
would also be applicable to poweredlift, as reflected in proposed
§ 194.302(b). Powered-lift are expected
to takeoff and land similar to either an
airplane or rotorcraft, depending on
flight mode, and the distances
referenced in this section would also be
relevant for powered-lift operators to
familiarizes themselves with.
Section 91.107 describes the use of
safety belts, shoulder harnesses, and
child restraint systems. Specifically, it
requires that each person onboard an
aircraft operated under part 91 occupy
an approved seat or berth with a
separate safety belt and, if installed,
shoulder harness properly secured
about the person during movement on
the surface, takeoff, and landing. For
seaplane and float-equipped rotorcraft
operations during movement on the
surface, this section excepts the person
pushing off the seaplane or rotorcraft
from a dock and the person mooring the
seaplane or rotorcraft at a dock from the
preceding seating and safety belt
requirements.
In 1992, the FAA published a final
rule 341 revising § 91.107 and
acknowledged that it would be
impossible to moor or launch a seaplane
341 Miscellaneous
Operational Amendments, 57
FR 42671 (Sep. 15, 1992).
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or a float-equipped rotorcraft unless a
pilot or passenger has their safety belt
or shoulder harness unfastened so that
they can vacate their seat for the
purpose of launching or mooring the
seaplane or float equipped rotorcraft.
The FAA proposes in § 194.302(c) to
apply the same exception to poweredlift when the powered-lift is operating
like a seaplane or float-equipped
rotorcraft. A pilot or passenger would
also have to push a powered-lift
conducting operations similar to a
seaplane or float-equipped rotorcraft off
a dock or moor a powered-lift to a dock.
Accordingly, the exception contained in
§ 91.107(a)(3) would be appropriate to
apply in such situations so that those
individuals can push-off or moor an
aircraft without violating the
requirement to remain harnessed.
Section 91.113 prescribes the rule for
converging aircraft based on category
and type of operation (e.g., towing).
Under § 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,
§ 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
§ 91.113(d)(1) through (3). The preamble
for the original right-of-way rule states
‘‘an aircraft will give way to another of
a different class which is less
maneuverable and is unable to take as
effective action to avoid collision.’’ 342
The FAA proposes in § 194.302(d)
that powered-lift comply with the
airplane provisions in this paragraph
and yield right-of-way as prescribed in
this section. For example, if a poweredlift is converging with an airplane, the
aircraft to the right would have the right
of way. The FAA proposes powered-lift,
airplanes, and rotorcraft should be
grouped in the same right-of-way
category. The proposed approach is
consistent with the FAA’s historical
prioritization of maneuverability for
right-of-way considerations, and with
the original purpose of the rule, which
was to require more maneuverable
aircraft give way to less maneuverable
aircraft.
342 See 12 FR 5547 at 5548 (Aug. 16, 1947), Civil
Aeronautics Board Air Traffic Rule, note to
§ 60.104, later codified at 14 CFR 91.113.
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Section 91.119 prescribes the
minimum safe altitude (MSA) for
aircraft operations. This section
establishes less restrictive minima for
helicopters, with helicopters being
allowed to operate below the minimum
altitudes prescribed in § 91.119(b) and
(c) in certain circumstances. The
justification for allowing helicopters to
operate below minimum altitudes was
based on helicopter performance
capability. In the preamble 343 to the
original MSA rule, the FAA stated that
the rule recognizes the helicopter
special flight characteristics which can
accomplish an emergency landing
within a relatively small space.
However, if a helicopter is flown over a
congested area at less than 1,000 feet
above the highest obstacle, the pilot is
required to fly with due regard to places
where an emergency landing can be
made safely and to maintain an altitude
along the flight path from which such
an emergency landing can be affected at
any time.
Helicopter maneuverability and
autorotation capability after an engine
failure were key factors in the FAA’s
decision to allow helicopter operations
below MSA. Likewise, the FAA
considered, for purposes of this
proposal, whether powered-lift with
helicopter characteristics should also be
allowed to conduct operations below
MSA.
Some powered-lift may not have
autorotation capability, while other
powered-lift may lose significant
altitude while transitioning the aircraft
rotors to a vertical position suitable for
autorotation. The transition of a
powered-lift from forward flight to
vertical flight would not be
instantaneous, requiring additional
time, distance, and altitude that is
unique from helicopters. Although some
powered-lift may be capable of
performing an emergency autorotation
into a more confined space, the FAA
anticipates that additional altitude
would increase the chances of a
successful outcome without undue
hazard to persons or property on the
surface. Accordingly, the FAA is not
proposing to apply the helicopter
minimum altitude requirements of
§ 91.119 to powered-lift. The FAA
anticipates learning more about
powered-lift operational capabilities
and commonalities during the term of
the proposed SFAR.
Section 91.126(b) describes directions
of turns when approaching to land at an
airport without an operating control
tower in Class G airspace. The FAA
anticipates that some powered-lift will
343 Id.
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transition much like a helicopter, from
forward flight (wing-borne flight mode)
to vertical flight (vertical-lift flight
mode) upon entering the traffic pattern
to land.344 The FAA proposes in
§ 194.302(e) to apply the airplane
provisions detailed in § 91.126(b)(1)
when the operator of the powered-lift
intends to land in wing-borne flight
mode, which is how an airplane lands.
The FAA proposes in § 194.303(b) to
apply the helicopter provisions detailed
in § 91.126(b)(2) to powered-lift when
the powered-lift intends to land in
vertical-flight mode. This proposal
would provide the flexibility for
powered-lift operators capable of
landing in vertical-flight mode to
approach to land at most helicopter
pads while avoiding the flow of fixedwing aircraft. This application of the
rule gives flexibility to the novel
capabilities of powered-lift while
maintaining an appropriate level of
operational safety by using the standard
traffic pattern flow at airports without
operating control towers.
Section 91.126(c) outlines the final
flap settings required for turbojetpowered airplanes as outlined in the
Airplane Flight Manual. Specifically, it
requires the PIC of a civil turbojetpowered aircraft to use, as a final flap
setting, the minimum certificated
landing flap setting set forth in the
approved performance information in
the Airplane Flight Manual for the
applicable conditions. Paragraph (c)
uses the term turbojet-powered aircraft;
however, the history of this rule
indicates it was intended for turbojetpowered airplanes only.345
Furthermore, the FAA is not aware of
any turbojet-powered powered-lift
currently in the certification process,
nor are any anticipated during the term
of this SFAR. The FAA understands that
some powered-lift utilize automatic flap
settings. Requiring a powered-lift to
transition out of its automatic settings
creates opportunities for error which
could inhibit a safe landing. To ensure
that powered-lift can land safely at
airports in Class G airspace, the FAA
does not propose to apply this
paragraph to powered-lift.
Section 91.129 provides requirements
for operations in Class D airspace. The
provisions of § 91.129(a) through (d),
344 When approaching to land at an airport
without an operating control tower in Class G
airspace. 14 CFR 91.126(b).
345 In a 1989 proposed rulemaking updating
airspace classifications, the FAA inadvertently
included reference to ‘‘aircraft’’ in the first sentence
of paragraph (c) (then, § 91.85(b)), but the remainder
of the paragraph refers to ‘‘airplane’’. See Airspace
Reclassification, NPRM, 54 FR 42916, 42929 (Oct.
18, 1989).
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(g)(1), and (i) refer to aircraft, and
accordingly are already applicable to
powered-lift. However, paragraphs (e)(1)
and (2) require minimum altitudes
when operating to an airport in Class D
airspace in large or turbine-powered
airplanes. Under the existing rule of
paragraph (e)(1), unless required by the
applicable distance-from-cloud criteria,
each pilot operating a large or turbinepowered airplane must enter the traffic
pattern at an altitude of at least 1,500
feet above the elevation of the airport
and maintain at least 1,500 feet until
further descent is required for a safe
landing. For paragraph (e)(2), a pilot
operating a large or turbine-powered
airplane approaching to land on a
runway served by an instrument
approach procedure with vertical
guidance, if the airplane is so equipped,
must operate that airplane at an altitude
at or above the glide path between the
published final approach fix and the
decision altitude (DA), or decision
height (DH), as applicable; or if
compliance with the applicable
distance-from-cloud criteria requires
glide path interception closer in, operate
that airplane at or above the glide path,
between the point of interception of
glide path and the DA or the DH. The
FAA promulgated these particular
requirements to address noise
abatement concerns related to large and
turbine-powered airplanes.346 In order
to remain consistent with this
established agency policy for poweredlift operations that are likely to result in
similar noise due to size and
powerplant, the FAA proposes in
§ 194.302(f) that large 347 or turbinepowered powered-lift comply with
paragraphs (e)(1) and (2). The FAA
anticipates that for large and turbinepowered powered-lift, compliance with
these requirements will be necessary for
adequate noise abatement within Class
D airspace.
For paragraph (e)(3), a pilot operating
an airplane approaching to land on a
runway served by a visual approach
slope indicator (VASI) must operate that
airplane at an altitude at or above the
glide path until a lower altitude is
necessary for a safe landing. The
requirement for all airplanes to remain
at or above the glide path provides an
additional measure of safety such as
obstacle clearance to airplanes during
their approach. The FAA proposes in
§ 194.302(g) that powered-lift intending
to land in wing-borne flight mode
346 Noise Abatement Rules, 32 FR 15422 (Nov. 4,
1967), Noise Abatement Rules, 32 FR 5559 (Apr. 5,
1967).
347 Large aircraft are defined in § 1.1 as weighing
more than 12,500 pounds, maximum certificated
takeoff weight.
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comply with this provision of paragraph
(e)(3) to ensure adequate obstacle
clearance is maintained during the
approach. For those powered-lift
intending to land in the vertical mode,
the FAA anticipates they will be flying
more slowly than when in wing-borne
flight mode and able to maneuver
similar to a helicopter and accordingly,
compliance with this provision would
not be required.
Section 91.129(f) imposes
requirements for approaches except
when conducting circling approaches
under part 97 for airplanes and
helicopters. The FAA anticipates that
powered-lift will often transition from
forward flight (wing-borne flight mode)
to vertical flight (vertical-lift flight
mode) upon entering the traffic pattern
to land much like a traditional
helicopter. The FAA proposes in
§ 194.302(h) that powered-lift comply
with the airplane rule in § 91.129(f)(1)
when the powered-lift is intending to
land in wing-borne flight mode. When
the operator of the powered-lift intends
to land in vertical-flight mode, the
powered-lift shall comply with the
helicopter provisions detailed in
§ 91.129(f)(2). This application of the
rule gives flexibility to the novel
capabilities of powered-lift while
maintaining operational safety by using
the standard traffic pattern flow at
airports. The requirements of
§ 91.129(f)(1) and (2) do not apply to
powered-lift conducting a circling
approach under part 97 because a
circling approach may have specific
procedures established or turns may be
requested by ATC to ensure safety in the
traffic pattern.
Section 91.129(g)(2) requires that,
unless otherwise required by the
prescribed departure procedure for that
airport or the applicable distance from
clouds criteria, each pilot of a turbinepowered airplane and each pilot of a
large airplane must climb to an altitude
of 1,500 feet above the surface as rapidly
as practicable. The FAA proposes in
§ 194.302(f) that large or turbinepowered powered-lift also comply with
this requirement, to ensure that
powered-lift will be operated at an
equivalent level of safety to existing
large or turbine-powered airplanes. This
requirement will also provide adequate
terrain clearance and improved noise
abatement for these powered-lift and is
consistent with previous rulemakings
that established the 1,500 feet altitude
requirement for noise abatement
purposes.348
348 Noise Abatement Rules, 32 FR 15417, 15422
(Nov. 4, 1967).
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For runway usage requirements, the
FAA proposes in § 194.302(f) that large
or turbine-powered powered-lift comply
with § 91.129(h), which states that
where a formal runway use program has
been established by the FAA, each pilot
of a large or turbine-powered airplane
assigned a noise abatement runway by
ATC must use that runway. However,
consistent with the final authority of the
PIC concerning the safe operation of the
aircraft as prescribed in § 91.3(a), ATC
may assign a different runway if
requested by the pilot in the interest of
safety. This requirement is consistent
with previously established FAA policy
regarding noise abatement and
operational safety,349 and the FAA
considers this requirement to be
appropriate for powered-lift operations
to ensure adequate noise abatement.
Section 91.131 contains rules
governing operations in Class B
airspace. Paragraph (a)(2) of this section
requires that each person operating a
large turbine-engine powered airplane
to or from a primary airport for which
Class B airspace area is designated must
operate at or above the designated floor
of the Class B airspace while within the
lateral limits of that area.
The FAA proposes in § 194.302(i) that
§ 91.131(a)(2) apply to large powered-lift
regardless of powerplant type. When
operating to or from a primary airport
within Class B airspace, the FAA
expects the performance characteristics
of a large powered-lift to be similar to
a large turbine-engine powered airplane.
Compliance with § 91.131(a)(2) will
ensure the safe and efficient flow of air
traffic within this high-traffic airspace
and ensure that large powered-lift
remain deconflicted from smaller
aircraft that may be operating under the
Class B airspace and not receiving air
traffic services. Finally, the proposed
approach is the most conservative
application of this rule and is consistent
with FAA initiatives to effectively
manage and segregate high-performance
aircraft from other air traffic.350
ii. Visual Flight Rules
Section 91.151 prescribes fuel
requirements for flight in VFR
conditions. The regulation requires
airplanes to carry a 30-minute fuel
reserve for daytime operations, and a
45-minute fuel reserve for nighttime
operations. In contrast, rotorcraft only
349 Airspace Reclassification, 54 FR 42916 (Oct.
18, 1989).
350 See Transponder with Automatic Altitude
Reporting Capability Requirement, 53 FR 23356,
23363 (June 21, 1988). Discussion of FAA’s ‘‘Keep
’em High Program’’ as an effective method for
segregating high-performance aircraft from other
traffic.
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require a 20-minute fuel reserve
regardless of whether the operation
occurs during the day or night. The FAA
expanded the fuel reserve requirements
in the 1970s following an increase in
fuel exhaustion accidents in VFR
operations.351 The stated goal was to
prevent future fuel exhaustion
accidents. The FAA also noted that the
airplane fuel reserve requirements were
necessary for night VFR due to the
distance between adequately lit airports.
For powered-lift, the FAA proposes in
§ 194.302(j), that powered-lift comply
with the airplane reserve requirements
in § 91.151(a) because the FAA lacks
powered-lift operational data to support
use of the less restrictive rotorcraft fuel
reserve. This approach is consistent
with the FAA’s overall approach
throughout this proposed SFAR, until
such time as the FAA has information
to validate a less conservative approach.
The FAA is aware that the use of the
term ‘‘fuel’’ rather than the term
‘‘energy’’ could lead individuals to
reach the conclusion that this term
excludes electric propulsion systems. In
a prior rulemaking, the FAA stated it
did not intend to preclude the
certification of electric propulsion
systems or other non-fossil-fuel-based
propulsion systems, such as provided
by carbon-based fuels or electrical
potential, and the FAA maintains that
position in this SFAR.352 The term ‘‘fuel
systems’’ also includes a means of
storage for the electrical energy
provided (e.g., batteries that provide
energy to an electric motor) or devices
that generate energy for propulsion (e.g.,
solar panels or fuel cells).353
Sections 91.155 and 91.157 prescribe
basic VFR and special VFR weather
requirements. Under these rules,
helicopter operations are permitted at
lower weather minima than other
aircraft because helicopters operate at
lower altitudes and slower airspeeds. In
a 1963 rulemaking, the FAA provided
different weather minima for helicopters
than for airplanes and explained that
when a helicopter is below 1,200 feet
above the surface at a speed that allows
the pilot adequate opportunity to see
any air traffic or other obstruction in
time to avoid a collision, those
351 General Operating and Flight Rules and
Related Airworthiness Standards and Crewmember
Training, 43 FR 46230, 46231 (Oct. 5, 1978).
352 See Revision of Airworthiness Standards for
Normal, Utility, Acrobatic, and Commuter Category
Airplanes, 81 FR 96640–96641 (Dec. 30, 2016).
353 For example, § 91.205(b)(9), which refers to a
‘‘[f]uel gauge indicating the quantity of fuel in each
tank.’’ In instances such as this, the electric battery
that stores the energy would be equivalent to the
fuel tank.
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circumstances form an adequate basis to
impose a lower visibility minimum.354
When explaining the intent of
§ 91.155, the FAA stated that a
helicopter pilot need only remain clear
of clouds, regardless of flight visibility,
because ‘‘[h]elicopters have the ability
to operate at lower speeds and with a
significantly higher degree of
maneuverability than airplanes. These
qualities allow a helicopter to be
operated at lower visibility and cloud
clearance distances while maintaining
the same degree of safety as fixed-wing
aircraft flying under more restrictive
minima.’’ 355
While powered-lift possess some
helicopter performance characteristics,
these characteristics vary widely across
the range of powered-lift and are
typically related to the takeoff and
landing portions of the flight. During
cruise operations, powered-lift perform
similar to an airplane, operating at high
speeds and possibly without the ability
to maneuver as quickly as a helicopter
to avoid a collision with other traffic or
obstacles. Therefore, based on the
forgoing, this SFAR proposes in
§ 194.302(k) that powered-lift operating
in Class G airspace comply with the
same weather minima prescribed in
§ 91.155(b)(2) for airplanes in such
airspace because the airplane-specific
requirements in this section provide the
appropriate level of risk mitigation for
powered-lift operations. Weather
minima generic to all aircraft in this
section also continue to apply to
powered-lift.
Section 91.157 provides the
conditions under which special VFR
weather minima may be conducted. The
majority of this section applies to all
aircraft except for paragraphs (b)(3) and
(4) which are specific to helicopters. For
the reasons described in the previous
paragraphs, this SFAR will not
incorporate these helicopter exceptions
for powered-lift. The FAA proposes to
continue to require powered-lift to
comply with the requirements
applicable to all aircraft in this section.
iii. Instrument Flight Rules
Section 91.167 prescribes the fuel
requirements for flight in IFR
conditions. Under this rule, helicopter
operations are permitted with lower fuel
minima. Section 91.167 requires aircraft
to carry a 45-minute fuel reserve and
helicopters to carry a 30-minute fuel
reserve. The FAA has determined that
354 Air Traffic and General Operating Rules;
Definitions and Abbreviations, 28 FR 6704 (Jun. 29,
1963).
355 Inapplicability of Basic VFR Weather
Minimums for Helicopter Operations, 56 FR 48088
(Sep. 23, 1991).
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powered-lift should initially have a 45minute fuel reserve, consistent with
aircraft requirements. The 30-minute
fuel reserve requirement for helicopters
was initially granted under SFAR No.
29.356 Operations under SFAR No. 29
gave the FAA insight to make a safety
and risk analysis enabling SFAR No. 29
to be codified in §§ 91.167 and 135.223.
The final rule language for
§ 91.167(a)(3), and similarly for
§ 135.223, noted that the FAA had
gained sufficient experience with
operations conducted under SFAR No.
29 to justify a reduction for minimum
fuel reserve requirements for
helicopters.357 At this time, the FAA
does not have sufficient experience to
reduce minima for powered-lift fuel
requirements. Accordingly, consistent
with the previous approach the FAA
took to evaluate and ultimately to lessen
minima for helicopters, the FAA will
retain the 45-minute fuel reserve
requirement applicable to all aircraft for
powered-lift while the FAA obtains data
during the term of this SFAR. The FAA
may reevaluate the 45-minute fuel
reserve requirement once it has
sufficient data to do so.
Under § 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 § 91.167(b)(2)(i) for aircraft other
than helicopters, when the appropriate
weather reports indicate that at least 1
hour before and for 1 hour after the
estimated time of arrival, the ceiling
will be at least 2,000 feet above the
airport elevation and the visibility will
be at least 3 statute miles, the fuel
reserve necessary to fly to the alternate
airport is not required. As explained
previously, the FAA does not currently
have the operational experience with
powered-lift fuel reserves to allow them
to utilize the helicopter minima in this
section. As a result, the FAA does not
propose changes to the current
applicability of § 91.167(b)(2)(i), which
requires that powered-lift comply with
356 The FAA promulgated SFAR No. 29 in 1975
to allow the Administrator to issue approvals for
rotorcraft IFR operations on an interim basis
pending the conclusion of a study to determine
whether the FAA should establish a ‘‘limited’’ IFR
category for these rotorcraft, including flight
characteristics and equipment requirements,
operating procedures and limitations, flight crew
requirements, and training requirements. See FAA
Study of Limited IFR Operations in Rotorcraft, 40
FR 2420 (Jan. 13, 1975).
357 Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40695 (Nov. 7, 1986).
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the requirements imposed on aircraft
other than helicopters, to ensure an
appropriate level of risk mitigation for
these new entrant aircraft.
Section 91.169 prescribes the
information required for filing an IFR
flight plan. Under this rule, helicopter
operations are permitted to use lower
weather minima before an alternate
must be filed because helicopters
operate at lower altitudes and slower
airspeeds. The final rule language for
§ 91.169 recognizes the differences in
operating characteristics between
rotorcraft and airplanes.358 Rotorcraft fly
shorter distances at slower airspeeds
than most other aircraft, carry less fuel
than an airplane, and generally remain
in the air for shorter periods of time
between landings. As a result, once a
rotorcraft is in a weather system, it is
often more difficult for the rotorcraft to
fly out of that system to an alternate
destination because the rotorcraft has
less range capability than an airplane.
However, the FAA anticipates poweredlift will generally fly at higher speeds
than many rotorcraft and have the
ability to maneuver out of a weather
system to an alternate destination. The
FAA will continue to require poweredlift to comply with the provisions of
§ 91.169(b)(2)(i) and (c)(1)(i) as written
for aircraft other than helicopters and
will plan to evaluate this determination
during the term of this SFAR.
Section 91.175 governs takeoff and
landing under IFR. Section
91.175(f)(2)(i) and (ii) applies to
powered-lift as written because those
paragraphs are applicable to all aircraft.
At this time, the FAA does not have
sufficient experience with powered-lift
to allow takeoff operations at the lower
weather minima prescribed for
helicopters. The FAA considers this
approach to be consistent with previous
rulemakings where, at initial inception,
helicopter operational requirements
aligned with airplane operational
requirements until sufficient data were
available.359
Section 91.175(f)(4)(i) requires
airplanes operating under part 121 or
135 to comply with the takeoff obstacle
clearance or avoidance procedures
contained in subpart I of part 121 or
subpart I of part 135, as applicable, for
IFR takeoffs. Accordingly, the FAA
proposes in § 194.302(l) that any
358 Flight Plan Requirements for Helicopter
Operations Under Instrument Flight Rules, 65 FR
3546 (Jan. 21, 2000).
359 For example, §§ 91.119 (Minimum safe
altitudes: General) and 91.151 (Fuel requirements
for flight in VFR conditions) both had requirements
identical to airplanes at initial inception which
were subsequently relaxed following helicopter
operational experience.
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powered-lift that would be required to
comply with the provisions of subpart I
of part 135, as proposed in section VI.D
of this preamble, must also comply with
the provisions of this paragraph.
3. Subparts C and D—Equipment,
Instrument, and Certificate
Requirements and Special Flight
Operations
Subpart C prescribes the equipment,
instrument, and certificate requirements
for aircraft. As previously described,
powered-lift are already required to
comply with provisions applicable to
aircraft. The airplane regulations the
FAA proposes to apply to powered-lift
in this subpart impose certain
equipment requirements that the FAA
has determined are necessary to provide
an adequate level of safety for poweredlift operations.
Section 91.205 states that no person
may operate a powered civil aircraft
with a standard category U.S.
airworthiness certificate in VFR day or
night, IFR, at or above 24,000 feet, in
Category II or III operations, or in night
vision goggle operations, unless the
aircraft contains instruments and
equipment specified in this section (or
FAA-approved equivalents). Section
91.205(a) references aircraft, but there
are also airplane-specific provisions set
forth in § 91.205(b)(11) and (14).360
Section 91.205(b)(11) requires that
small civil airplanes certificated after
March 11, 1996, in accordance with part
23, have installed an aviation red or
aviation white anticollision light
system. The requirement to have an
anticollision light system is necessary in
order to provide sufficient time for other
aircraft to avoid a collision. This
requirement invokes the latest
airworthiness requirements for all
airplanes regardless of type certification
date. For powered-lift that meet the
definition of small aircraft in § 1.1, the
FAA proposes in § 194.302(m) that the
position and anti-collision lights meet
the requirement set forth in
§ 23.2530(b), which states that any
position and anti-collision lights, if
required by part 91, would be required
to have the intensities, flash rate, colors,
fields of coverage, and other
characteristics to provide sufficient time
for another aircraft to avoid a collision.
The FAA proposes that this requirement
apply to small powered-lift to provide
360 As noted earlier in the fuel requirements
section, § 91.205(b)(9) references a ‘‘[f]uel gauge
indicating the quantity of fuel in each tank.’’
Because the FAA considers ‘‘fuel’’ to include any
form of energy used by an engine or powerplant
installation, including via electrical potential, the
electric battery that stores the energy would be
equivalent to the fuel tank under § 91.205(b)(9).
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an equivalent level of safety to that of
small airplanes, and to ensure that those
powered-lift have an adequate
anticollision lighting system that
provides sufficient time for another
aircraft to avoid a collision.
Paragraph (b)(14) in § 91.205 requires
that small civil airplanes certificated
after December 12, 1986, have an
installed and approved shoulder
harness or restraint system for all seats.
The FAA proposes in § 194.302(m) that
small powered-lift also require the
installation of an approved shoulder
harness or restraint system for all seats,
also to provide an equivalent level of
safety to small airplanes. The FAA is
also proposing that large powered-lift be
required to be equipped with shoulder
harnesses in accordance with § 91.521,
as discussed further in VI.B of this
preamble.
Paragraph (d) of § 91.205 prescribes
instruments and equipment
requirements for IFR flight. Under
§ 91.205(d)(3), an aircraft must have
installed a gyroscopic rate-of-turn
indicator unless the aircraft is equipped
with a third attitude instrument system
installed as provided in § 121.305(j). For
airplanes, the third attitude instrument
system installed must be usable through
flight attitudes of 360 degrees of pitch
and roll. For rotorcraft, the third attitude
instrument system installed must be
usable through flight attitudes of ±80
degrees of pitch and ±120 degrees of
roll. The FAA anticipates that some
powered-lift may be capable of
exceeding 80 degrees of pitch and/or
120 degrees of roll. Therefore, the FAA
proposes in § 194.302(n) that all
powered-lift approved for IFR during
type certification 361 would be required
to comply with the airplane provisions
in § 91.205(d)(3)(i) for IFR flight, which
require the installation of either a
gyroscopic rate-of-turn indicator or a
third attitude instrument system usable
through flight attitudes of 360 degrees of
pitch and roll. The FAA considers the
airplane rule to be appropriate for
powered-lift to ensure that the poweredlift are equipped to recover from any
inadvertent flight attitude encountered.
Section 91.207 requires an emergency
locator transmitter (ELT) for airplane
operations. An ELT is used to facilitate
search and rescue efforts in locating
downed aircraft. The ability to locate
powered-lift in the event of a crash is
essential for reaching survivors as
quickly as possible and potentially
saving lives. The FAA considers this to
361 The FAA acknowledges that most powered-lift
initial type certification projects are for VFR
approval. However, the FAA anticipates that
powered-lift operators will seek IFR approval in the
future.
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be a necessary requirement for poweredlift, particularly as a new entrant aircraft
with no civil operational history.
Accordingly, the FAA proposes
applying § 91.207 to powered-lift in
§ 194.302(o).
Section 91.213 provides limitations
on operations with inoperative
instruments and equipment as well as
relief for operations with inoperative
instruments and equipment for aircraft
with and without an approved
Minimum Equipment List (MEL).
Section 91.213(d) provides specific
relief for an aircraft without an
approved Minimum Equipment List
(MEL). The FAA evaluated whether to
propose that powered-lift be allowed to
operate without an approved MEL;
however, the complexity of the new
technology coupled with the lack of
operational data supports the
application of a conservative MEL
approach. Accordingly, the FAA does
not propose to apply the provisions set
forth in § 91.213(d) to powered-lift.
Section 91.215 describes ATC
transponder and altitude reporting
equipment and use. Section 91.215(b)
states that no person may operate an
aircraft in the airspace described in
paragraphs (b)(1) through (5) of this
section unless that aircraft is equipped
with an operable coded radar beacon
transponder. The FAA anticipates that
all new entrant powered-lift will have a
substantial electrical system; however, it
may be powered from batteries and not
an engine-driven system. The FAA
notes that § 91.215(b)(3) and (5) allow
aircraft to operate without a transponder
if they were certificated without an
engine-driven electrical system. The
FAA acknowledges that some poweredlift may be certificated without enginedriven electrical systems but does not
consider it appropriate to provide relief
to new entrant powered-lift because
transponders provide critical
information, such as aircraft position,
speed, and altitude to ATC for aircraft
separation. Therefore, the FAA proposes
in § 194.305 that all powered-lift be
equipped with an operable coded radar
beacon transponder as required in
§ 91.215(b)(1), (2), and (4).
Section 91.219 prohibits the operation
of a turbojet-powered U.S.-registered
civil airplane unless that airplane is
equipped with an approved altitude
alerting system or device. This rule was
adopted by the FAA in 2007, allowing
flexibility in accommodating
technological advances.362 In a
performance-based NAS, operational
flexibility depends upon many factors
362 Area Navigation (RNAV) and Miscellaneous
Amendments, 72 FR 31661 (Jun. 7, 2007).
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including the performance capability of
the aircraft, communication and
navigation equipment, the availability of
the communication and navigation
facilities along the route to be flown,
and the performance capabilities of
those (communication and navigation)
facilities that are made available for use
by air traffic management service
providers. Turbojet-powered airplanes
operate within reduced verticalseparation minimum (RVSM) airspace,
often within congested airspace, and in
close proximity to other fast-moving
aircraft. As a new entrant aircraft, the
FAA considers it essential that
powered-lift operations are conducted
in a manner that capitalizes on existing
technological capabilities that improve
safety and facilitate collision avoidance
in the NAS. The FAA previously
determined that an altitude alerting
system or device is necessary for
turbojet-powered civil airplanes because
lack of altitude awareness is
accentuated by the high rates of climb
and descent.363 The FAA anticipates
that this reasoning also applies to all
powered-lift because of their highperformance capabilities, regardless of
powerplant type. Accordingly, this
SFAR proposes in § 194.302(p) that all
powered-lift comply with the altitude
alerting requirements under § 91.219.
Section 91.223 prohibits the operation
of a turbine-powered U.S.-registered
airplane configured with six or more
passenger seats, excluding any pilot
seat, unless that airplane is equipped
with an approved terrain awareness and
warning system (TAWS). TAWS
provides turbine-powered airplanes
operating at or near maximum
prescribed speeds in close proximity to
the ground with early warning of threats
from terrain. This early warning allows
pilots to react by reducing the time
required to perceive these threats.
Powered-lift have the ability to
operate similarly to both airplanes and
helicopters, so, individually, the current
TAWS and HTAWS are not a perfect
solution for powered-lift due to each
equipment’s capabilities and
limitations. The FAA considered both
TAWS and HTAWS and determined
that the current HTAWS specification
would provide the best level of safety
because HTAWS has a different alerting
envelope than TAWS and is designed
for low altitude operations, thereby
reducing the risk of nuisance alerts.364
Although there is no specification yet
363 Turbojet Powered Civil Airplanes, 32 FR
19191 (Dec. 20, 1967).
364 For further discussion on TAWS nuisance
alerts, see section VI.D of this preamble discussing
§ 135.154.
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developed that incorporates the features
of both TAWS and HTAWS in a single
unit, the FAA is proposing to allow a
hybrid system in a powered-lift that
utilizes the features of a TAWS A
system for wing-borne flight and
HTAWS for vertical flight modes of
operation for compliance with § 91.223.
Without a TAWS A/HTAWS hybrid
system, the FAA considers the current
HTAWS specification would provide
the best level of safety without an undue
number of nuisance warnings. The FAA
proposes in § 194.302(q) that all
powered-lift—regardless of powerplant
type—with 6 or more seats be equipped
with an HTAWS system that meets the
Technical Standard Order (TSO) C194
or an FAA-approved TAWS A/HTAWS
hybrid system.
In addition, the FAA proposes in
§ 194.302(q) that powered-lift comply
with § 91.223(c), which imposes a
requirement for a manual containing
appropriate procedures on the use of
terrain awareness equipment and the
proper flight crew reactions in response
to a TAWS activation. Because the FAA
is proposing to apply § 91.223, but with
HTAWS or a hybrid Class A/HTAWS
system, the FAA proposes applying
paragraph (c) to powered-lift, thereby
requiring their Aircraft Flight Manual to
contain the appropriate HTAWS or
hybrid system procedures. This will
ensure powered-lift equipped with
HTAWS or a FAA approved TAWS A/
HTAWS hybrid system are operated at
a level of safety that a terrain awareness
system currently provides for airplanes.
Finally, the FAA notes that the
exceptions in § 91.223(d) for certain
parachuting operations, firefighting, and
aerial application of chemicals and
other substances also apply to poweredlift.365
Section 91.313 prescribes operating
limitations for restricted category civil
aircraft. Paragraphs (a) through (e) apply
to powered-lift because they apply to all
restricted category aircraft. Section
91.313(f) is not applicable to poweredlift because powered-lift are not
currently authorized to conduct
operations under part 133. Section
91.313(g) requires small restrictedcategory airplanes to be equipped with
a shoulder harness or restraint system
for each front seat. For the same reasons
as discussed regarding applicability of
§ 91.205(b)(14), the FAA proposes in
§ 194.302(r) that restricted category
small powered-lift require the
installation of an approved shoulder
harness or restraint system for all seats
365 Terrain
Awareness and Warning System; Final
Rule, 65 FR 16735 (Mar. 29, 2000).
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to provide an adequate level of safety for
powered-lift operations.
4. Subpart E—Maintenance, Preventive
Maintenance, and Alterations
Subpart E prescribes rules governing
the maintenance, preventive
maintenance, and alterations of U.S.registered civil aircraft operating within
or outside the U.S. The majority of
provisions in Subpart E already apply to
powered-lift as they apply to aircraft
generally (i.e., §§ 91.401, 91.403, 91.405,
91.407, 91.413, 91.415, 91.417, 91.419
and 91.421).
Section 91.409 prescribes inspection
programs to ensure that the aircraft is
airworthy. The term and regulations for
the issuance of a standard airworthiness
certificate describe two conditions that
must be met for the aircraft to be
considered airworthy. The first
condition is that the aircraft must
conform to its type design or properly
altered condition. Conformity to an
aircraft’s type design is considered
attained when the aircraft configuration
and the components installed are
consistent with the drawings,
specifications, and other data that are
part of the Type Certificate Data Sheet
(TCDS). The second condition is the
aircraft must be in a condition for safe
operation—this refers to the state and
condition of the aircraft. Paragraphs (a),
(b), and (d) of § 91.409 require an
annual, 100-hour or progressive
inspection and are applicable to all
aircraft except those that fall under the
exceptions provided in paragraph (c).
Paragraphs (e) through (h) of § 91.409
set forth inspection requirements for
more larger aircraft and aircraft with
more complex aircraft systems which
are more stringent than those provided
under paragraphs (a), (b), and (d).
Aircraft described in paragraph (e) may
only fly when all the systems work in
tandem and do not fly if the systems
work independently of each other.
Because paragraphs (e) through (h)
apply to more complex aircraft, the FAA
proposes in § 194.302(s) that these
paragraphs apply to technically
advanced powered-lift (TAPL), which
the FAA proposes to define in this
SFAR for purposes of compliance with
§ 91.409 as a powered-lift that is
equipped with an electronically
advanced system in which the pilot
interfaces with a multi-computer system
with increasing levels of automation in
order to aviate, navigate, or
communicate, only for purposes of
compliance with this section.
A powered-lift that is considered a
TAPL would be equipped with an
electronically advanced multi-computer
system that includes one or more of the
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following installed components: (1) an
electronic Primary Flight Display (PFD)
that includes, at a minimum, an
airspeed indicator, turn coordinator,
attitude indicator, heading indicator,
altimeter, and vertical speed indicator;
(2) an electronic Multifunction Display
(MFD) that includes, at a minimum, a
moving map using Global Positioning
System (GPS) navigation with the
aircraft position displayed; (3) a multiaxis autopilot integrated with the
navigation and heading guidance
system; and (4) an advanced fly-by-wireflight control system that utilizes
electronically operated controls with no
direct mechanical link from the pilot to
the control surfaces. The display
elements described in (1) and (2) must
be continuously visible to ensure that
the essential aircraft information is
displayed and available to the pilot
during all phases of flight.366 The PFD
is a display that provides increased
situational awareness to the pilot by
replacing the traditional six instruments
used for instrument flight with an easyto-scan single display that provides the
horizon, airspeed, altitude, vertical
speed, trend, trim, and rate of turn
among other key relevant indications. In
addition, the PFD is designed specific to
controlling the TAPL attitude and
altitude relative to the horizon and the
surface of the earth, especially when
outside visibility is poor or unavailable.
The MFD is a display that provides
information to the pilot in numerous
configurable methods. Often, an MFD
will be used in concert with a PFD. The
MFD has a different priority; its
function is secondary to the PFD. The
MFD will have an integrated multi-axis
autopilot, navigation, and position
awareness information, even though it
may include some PFD features for
redundancy. The FAA proposes
requiring certain minimum display
elements for both a PFD and MFD,
clarifying what will be considered a
PFD or MFD.
The FAA proposes that the described
characteristics define TAPL because
they will allow the FAA to distinguish
between complex and less complex
powered-lift and thereby determine
which inspection program applies. The
FAA will determine whether the
powered-lift meets the requirements of
a TAPL and it will be indicated in the
operator’s inspection program
documents. Powered-lift that are not
considered technically advanced under
the definition used for compliance with
§ 91.409 within this SFAR must
366 An example of an electronically advanced
system includes an integrated flight control and
navigation system.
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continue to comply with paragraphs (a),
(b), and (d) because those provisions
apply to ‘‘aircraft’’.
Section 91.411 prescribes the
requirements for altimeter system and
altitude reporting equipment tests and
inspections. The regulation describes
the inspection, authorized personnel,
and standard for altimeter system
equipment used in an airplane or
helicopter operation in controlled
airspace under IFR. Specifically,
paragraph (a) prohibits a person from
operating an airplane or helicopter in
controlled airspace under IFR unless the
static pressure system, altimeter
instrument, and automatic pressure
altitude reporting system have been
tested, inspected, and found to comply
with specific requirements outlined in
appendices E and F to Part 43.367
Paragraph (b) specifies that the testing
conducted pursuant to paragraph (a)
must be conducted by the manufacturer
of the aircraft, a certificated repair
station properly equipped to perform
the testing, or a certificated mechanic
with an airframe rating. Paragraph (c)
states that altimeter and altitude
reporting equipment approved under
TSOs are considered to be tested and
inspected as of the date of manufacture.
Finally, paragraph (d) prohibits any
person from operating an airplane or
helicopter in controlled airspace under
IFR above the maximum altitude at
which all altimeters and the automatic
altitude reporting system of that aircraft
have been tested.
Currently, this section is silent on
powered-lift; however, the FAA
proposes in § 194.302(t) to apply this
regulation to powered-lift because it
currently applies to both airplanes and
helicopters, without differentiation.
Powered-lift are new entrant aircraft,
and as a result, the FAA does not have
sufficient information regarding the
operations of all the different poweredlift in development to determine that
§ 91.411 should not apply, especially
considering its current applicability to
both airplanes and helicopters.
Proposed application of this regulation
ensures a minimum level of safety for
operations and maintenance of
powered-lift. Properly maintaining,
testing, and inspecting powered-lift is
vital to the safe operation of these
aircraft.
367 Appendix E outlines requirements for testing
and inspecting the altimeter system, and appendix
F outlines the requirements for testing and
inspecting ATC transponders.
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5. Subpart F—Large and TurbinePowered Multiengine Airplanes and
Fractional Ownership Program Aircraft
Subpart F governs the operation of
U.S.-registered large airplanes, U.S.registered turbojet-powered multiengine
civil airplanes, and U.S.-registered
fractional ownership program aircraft
operating under subpart K and not
involved in common carriage. While
technically subpart F currently applies
to all powered-lift that would be used in
a fractional ownership program, the
FAA has determined that it should also
propose to apply subpart F to large
powered-lift regardless of powerplant
type because other types of engines may
be developed and installed on poweredlift that are not necessarily internal
combustion engines. The FAA further
notes that certain powerplants such as
electric engines may have equal or
better performance in comparison to
internal combustion engines and may be
used on powered-lift, which could have
higher performance capabilities and
should be captured by subpart F
regardless of their propulsion type.
The FAA anticipates that U.S.registered large powered-lift will
operate like large airplanes with respect
to altitude, speed, passenger carrying
capacity, passenger safety, composition
of flightcrew, operating environment
(e.g., over water), and required safety
and rescue equipment. To meet the
higher level of airworthiness and
operational standards and to enhance
safety, the FAA proposes in § 194.302(u)
to capture large powered-lift in the
applicability section of § 91.501,
regardless of powerplant type, system of
aircraft ownership, or ownership
interest. Because all powered-lift are
multiengine,368 the FAA does not
propose to apply subpart F to
‘‘multiengine powered-lift’’, as that
would be overly inclusive and impose
the subpart F regulatory requirements
on all powered-lift.
Section 91.503 describes flying
equipment and operating information
for airplanes under subpart F. The FAA
proposes in § 194.302(v) that this
section apply to powered-lift because
the FAA anticipates that powered-lift
will be used in passenger-carrying
operations highly similar to airplanes.
Flying equipment and operating
information is equally important for
both airplanes and powered-lift. The
FAA proposes to apply the safety
standards required in this section to
powered-lift. However, § 91.503(a)(5)
references one-engine inoperative climb
performance data. The engine out
368 See section VI.A of this preamble, discussing
multiengine powered-lift.
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performance data presented may differ
depending on the aircraft configuration
and should not be limited to only ‘‘oneengine inoperative’’ because some
powered-lift have six or more engines
and may be able to continue flight after
failure of one or more engines. The FAA
proposes that powered-lift have an
approved aircraft flight manual at the
pilot station that contains the engine or
multiple engines inoperative climb
performance data in accordance with
§ 91.503(a)(5).
Section 91.505 imposes requirements
to be familiar with the emergency
equipment installed on the airplane to
which a crewmember is assigned and
with the procedures to be followed for
the use of that equipment in an
emergency situation. The crewmember
must also be familiar with the Airplane
Flight Manual for that airplane, if one is
required, and with any placards,
listings, instrument markings, or any
combination thereof, containing each
operating limitation prescribed for that
airplane by the Administrator, including
those specified in § 91.9(b). The FAA
proposes in § 194.302(w) that § 91.505
apply to powered-lift because, as stated
previously, the FAA expects poweredlift to be used in passenger-carrying
operations similar to airplanes.
Familiarity with emergency equipment
is equally important for both airplanes
and powered-lift. Accordingly, the FAA
proposes to apply the safety standards
required in § 91.505 to powered-lift. In
addition, the FAA proposes that
references to ‘‘Airplane Flight Manual’’
apply to powered-lift to the extent that
they have an Aircraft Flight Manual
approved through the certification
process.
Section 91.507 states that no person
may operate an airplane over-the-top or
at night under VFR unless that airplane
is equipped with the instruments and
equipment required for IFR operations
under § 91.205(d) and one electric
landing light for night operations. Each
required instrument and item of
equipment must be in operable
condition. The FAA anticipates that
powered-lift will conduct over-the-top
and night VFR operations in a manner
similar to airplanes and will need the
same equipment as airplanes to conduct
these operations safely. The FAA
proposes in § 194.302(x) that poweredlift comply with the equipment
requirements in this section.
Section 91.509(a) prescribes the
requirements for overwater operations
in airplanes. It provides that no person
may takeoff an airplane for a flight over
water more than 50 nautical miles from
the nearest shore unless the airplane is
equipped with a life preserver or
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approved flotation means for each
occupant of the airplane. Powered-lift
perform similar to airplanes during
extended over-water operations, but
with VTOL capability. For helicopters,
the definition of extended over-water
operations includes both an operation
over water at a horizontal distance of
more than 50 nautical miles from the
nearest shoreline and more than 50
nautical miles from an off-shore heliport
structure. Powered-lift have the
capability to land on these off-shore
heliport structures in an emergency. The
FAA proposes in § 194.302(y) that
powered-lift meet the requirements of
§ 91.509(a) requiring a life preserver or
an approved flotation means for each
occupant of the powered-lift according
to the helicopter specific definition of
extended over-water operations.
Further, the FAA proposes in
§ 194.302(y)(1) that when applying this
rule to powered-lift, the 50 nautical mile
limit may be measured from either the
nearest shore or the nearest off-shore
heliport structure in accordance with
the definition of extended over-water
operations for helicopters in § 1.1.
The FAA proposes a similar approach
in § 194.302(y) with the application of
§ 91.509(b) to powered-lift. Section
91.509(b) states that no person may take
off an airplane for flight over water more
than 30 minutes flying time or 100
nautical miles from the nearest shore,
whichever is less, unless it has onboard
specified survival equipment. As stated
previously, the FAA determined that the
vertical landing capability of poweredlift should be considered in evaluating
the applicability of this rule. Poweredlift have the capability to land on offshore heliport structures in an
emergency. Accordingly, the FAA
proposes that when applying § 91.509(b)
to powered-lift, the FAA proposes in
§ 194.302(y)(1) to apply the limits of this
paragraph as 30 minutes, or 100 nautical
miles from the nearest shoreline, or 100
nautical miles from the nearest off-shore
heliport structure, whichever is less,
consistent with the application of the
definition of extended over-water
operations for helicopters discussed in
the previous paragraph.
Section 91.509(b)(5) specifically
requires a lifeline to be stowed in
accordance with § 25.1411(g). The
lifeline must be in an obvious location,
directly accessible, and protected from
inadvertent damage. Additionally,
§ 25.1411(g) imposes requirements
pertaining to the location where a
lifeline must be attached to an airplane
and arranged to enable the airplane
occupants to remain on the wing after
ditching. This requirement is based on
a typical large airplane configuration
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where standing on the wing or walking
on the wing to an emergency raft would
be feasible while awaiting rescue. The
FAA acknowledges that powered-lift
currently undergoing certification are
not configured in this manner because
these powered-lift do not have a
configuration where standing or walking
on the wing would be feasible.
However, the FAA anticipates that
powered-lift may be developed in the
future that are capable and certified for
ditching and with a wing or comparable
structure suitable for evacuation.
Accordingly, the FAA proposes in
§ 194.302(y)(2) that powered-lift subject
to the requirements of subpart F will be
required to comply with § 25.1411(g) or
other airworthiness requirements
established in accordance with
§ 21.17(b) that provide an equivalent
level of safety for powered-lift, as
reflected in the proposed regulatory
text.
Section 91.511 describes requirements
for communication and navigation
equipment for overwater operations.
Paragraph (a) states that no person may
take off an airplane for a flight over
water more than 30 minutes flying time
or 100 nautical miles from the nearest
shore unless it has at least the operable
radio communication and electronic
navigation equipment described in the
rule. The ability to contact emergency or
rescue services in the event of an
offshore ditching is a critical safety
requirement for all aircraft. Accordingly,
the FAA proposes in § 194.302(z) to
require powered-lift to comply with
§ 91.511 for overwater operations that
are more than 30 minutes or 100
nautical miles from the nearest shore or
off-shore heliport structure, whichever
is less, consistent with the rationale
provided in the previous paragraphs for
§ 91.509(a) and (b).
Section 91.513 describes requirements
for emergency equipment for airplanes,
such as fire extinguishers, first aid kits,
and megaphones. The FAA anticipates
that powered-lift will conduct passenger
carrying operations where this type of
equipment would be necessary in an
emergency situation. The FAA
considers emergency equipment to be
equally important for both airplanes and
powered-lift; accordingly, the FAA
proposes in § 194.302(aa) to apply the
safety standards required in this section
to powered-lift.
Section 91.515 prescribes flight
altitudes for airplanes operating under
VFR. The flight altitudes are designed to
ensure adequate terrain clearance from
any mountain, hill, or other obstruction
to flight for day and night operations.
These collision avoidance mitigations
are equally important for powered-lift,
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which the FAA expects would be
conducting operations similar to the
airplanes that must comply with subpart
F. Therefore, the FAA proposes to apply
the minimum flight altitudes in § 91.515
to powered-lift in § 194.302(bb).
Section 91.517 describes passenger
information and signage displaying the
use of seatbelts and non-smoking
requirements. Notifying passengers and
crew when smoking is prohibited and
when safety belts must be fastened is
important information to be conveyed to
ensure that passenger carrying
operations are conducted safely. The
importance of conveying this
information is the same for both
airplanes and powered-lift. As a result,
the FAA proposes in § 194.302(cc) that
powered-lift comply with the
information and signage display
requirements in § 91.517. Similarly,
§ 91.519 describes passenger briefings
for the use of seatbelts and non-smoking
requirements. The FAA proposes in
§ 194.302(dd) that § 91.519 also apply to
powered-lift because passenger briefings
for seatbelt use and smoking are equally
important for airplane and powered-lift
passenger carrying operations.
The FAA proposes that § 91.521
would be applicable to large poweredlift subject to the operating requirements
of subpart F. Specifically, the SFAR
proposes that those powered-lift be
equipped with a shoulder harness that
meets the applicable requirements
specified in § 25.785 or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b).
The rule is designed to prevent head
injuries and is necessary to provide the
same level of safety for passengercarrying operations powered-lift
operations as exists in the current rules
for airplanes. Therefore, the FAA
proposes in § 194.302(ee) that large
powered-lift comply with the safety
equipment requirements for airplanes in
this section. As discussed previously,
the FAA is applying certain regulatory
requirements applicable to transport
category airplanes, such as this one, to
large powered-lift in the absence of a
uniform transport category standard for
powered-lift.
Section 91.523 imposes requirements
regarding how carry-on baggage is
stored on airplanes with a seating
capacity of more than 19 passengers. For
baggage stowage and restraining
devices, the baggage may be stored in a
storage compartment as provided in
§ 91.525, or it may be stored under a
passenger seat in such a way that it will
not slide forward under crash impacts
severe enough to induce the ultimate
inertia forces specified in
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§ 25.561(b)(3).370 Restraining devices
must also limit sideward motion of
under-seat baggage and be designed to
withstand crash impacts severe enough
to induce sideward forces specified in
§ 25.561(b)(3). The FAA acknowledges
that there are presently no powered-lift
with more than 19 seats undergoing
certification However, the SFAR
proposes in § 194.302(ff) that should
these aircraft be developed, they would
be required to comply with § 91.523,
including the safety equipment
requirements specified in § 25.561(b)(3)
or airworthiness criteria that the FAA
may find provide an equivalent level of
safety in accordance with § 21.17(b).
Applying this regulation to powered-lift
with a seating capacity of more than 19
seats will ensure that carry-on baggage
is stored safely on powered-lift.
Section 91.525 describes the
requirements for the carriage of cargo.
The FAA proposes in § 194.302(gg) that
this section apply to powered-lift as the
FAA does not differentiate between
airplanes and powered-lift as it applies
to the safety standards required by this
section. In the NPRM for § 91.525
(previously codified at § 91.203),371 the
FAA proposed all cargo carried in a
passenger compartment be stored in
bins, or cargo racks, unless stowed and
secured as provided in that section. The
FAA considered such requirements
necessary to provide for the safety of the
occupants in the event of turbulence
and to insure, to the extent possible, the
crashworthiness of the airplane. These
considerations are also applicable to
carriage of cargo on powered-lift and
thus, the FAA proposes that this rule
also apply to powered-lift operations.
Section 91.527 describes the
requirements for operations in icing
conditions. The FAA recognizes that
adverse aerodynamic effects on lifting
surfaces begin as soon as frost, ice, or
snow begin to adhere to the surfaces.372
Paragraph (a) addresses ground
operations and states that no pilot may
take off an airplane that has frost, ice,
or snow adhering to any propeller,
windshield, stabilizing or control
surface; to a powerplant installation; or
to an airspeed, altimeter, rate of climb,
or flight attitude instrument system or
wing, except that takeoffs may be made
with frost under the wing in the area of
the fuel tanks if authorized by the FAA.
Section 91.527 addresses airplanes
where lift is generated by the wings.
370 For a discussion of the type certification
process for powered-lift, see section IV.A of this
preamble.
371 Large and Turbine-Powered Multiengine
Airplanes, 36 FR 19507, 19510 (Oct. 7, 1971).
372 See Removal of Regulations Allowing for
Polished Frost, 74 FR 62691 (Dec. 1, 2009).
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Powered-lift may takeoff vertically, but
they may also transition to wing-borne
flight after takeoff. Powered-lift rely on
lifting devices such as rotors during
vertical-lift flight mode and traditional
airplane surfaces such as wings during
wing-borne flight. The FAA recognizes
that in addition to wings and control
surfaces, powered-lift may have other
surfaces that are negatively impacted by
frost, ice, or snow adhering to those
surfaces, such as rotor blades. These
other surfaces are considered critical
surfaces, which the manufacturer will
identify during certification and which
will be outlined in the Aircraft Flight
Manual for each powered-lift. Any frost,
ice, or snow adhering to a ‘‘critical
surface’’ could have an adverse impact
on the aircraft’s ability to operate safely.
To ensure safe operation of powered-lift,
all the items listed in § 91.527(a), as
well as other critical surfaces as
determined by the manufacturer, must
be clear from any contamination
adhering to their surfaces, including the
vertical-lift flight mode lifting devices.
The FAA proposes in § 194.302(hh) the
requirements of § 91.527(a) apply to all
powered-lift, including the verticalflight mode lifting devices.
Section 91.527(b) prescribes rules for
IFR flight into known or forecast light or
moderate icing conditions, or under
VFR into known light or moderate icing
conditions unless certain conditions are
met as described below. Paragraph (b)(1)
is applicable to aircraft, including
powered-lift, and requires that the
aircraft has functioning deicing or antiicing equipment protecting each rotor
blade, propeller, windshield, wing,
stabilizing or control surface, and each
airspeed, altimeter, rate of climb, or
flight attitude instrument system.
Paragraphs (b)(2) and (3) are airplanespecific and the FAA does not propose
to apply those provisions to poweredlift. Instead, the FAA proposes in
§ 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
§ 194.308(i). Section 194.308(i) requires
powered-lift seeking certification to
operate in known or forecast light or
moderate icing conditions would be
required to have procedures for the use
of the ice protection equipment set forth
in the Aircraft Flight Manual.
Section 91.527(c) prescribes the
requirements for airplane operations
into known or forecast severe icing
conditions. The FAA does not have the
operational data to support allowing
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powered-lift operations in severe icing
at this time. Accordingly, the FAA does
not propose to apply this regulation to
powered-lift operations, and as a result,
powered-lift operations into known or
forecast severe icing conditions would
be prohibited.
Section 91.529 addresses flight
engineer requirements. The FAA does
not propose application of this section
to powered-lift because modern aircraft
are not designed to require a flight
engineer.
Section 91.531 describes SIC
requirements for airplanes in subpart F.
Section 91.531(a) provides that, except
as provided in paragraph (b) of this
section, no person may operate the
following airplanes without a pilot
designated as SIC: (1) any airplane that
is type certificated for more than one
required pilot; (2) any large airplane;
and (3) any commuter category airplane.
A powered-lift certificated for more than
one pilot will be subject to the same
safety considerations as airplanes
certificated for more than one pilot.
Accordingly, the same safety standards
should apply and the FAA proposes in
§ 194.302(jj) that paragraph (a)(1)
applies to powered-lift as written.
Similarly, the FAA codified the
requirement to have a designated SIC for
large airplanes because of the need for
an increased crew due to the complexity
of operating such aircraft. These
standards likewise apply to large
powered-lift and, resultantly, the FAA
proposes in § 194.302(jj) to apply
paragraph (a)(2) to powered-lift as
written. Lastly, the FAA proposes not to
apply paragraph (a)(3) to powered-lift
because there are currently no
commuter category powered-lift and no
new aircraft can be certificated for that
category as there are no longer any
certification standards for commuter
category aircraft certification in the
Federal Aviation Regulations. As
powered-lift are new-entrant aircraft,
there is no way to certificate these
powered-lift as commuter aircraft.
Section 91.531(b)(1) states that an
airplane certificated for operation with
one pilot may be operated without a
pilot designated as SIC. Applying the
airplane rule to powered-lift, as
proposed in § 194.302(jj), will ensure
that the aircraft is operated in
accordance with its type certification
basis for crew complement. This
provides an appropriate level of safety
as it is consistent with the existing rule.
Next, § 91.531(b)(2) prescribes that large
airplanes or turbojet-powered
multiengine airplanes that hold a
special airworthiness certificate may
operate without a designated SIC in
certain circumstances. For the reasons
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stated in the applicability discussion of
§ 91.501, the FAA proposes in
§ 194.302(jj) that § 91.531(b)(2) apply to
all large powered-lift that hold a special
airworthiness certificate and meet the
requirements of § 91.531(b)(2)(i) and (ii),
regardless of powerplant type.
Section 91.531(c) states no person
may designate a pilot to serve as SIC,
nor may any pilot serve as SIC, of an
airplane required under this section to
have two pilots unless that pilot meets
the qualifications for SIC prescribed in
§ 61.55. Consistent with the discussion
in section V.D applying the SIC
qualification requirements of § 61.55 to
powered-lift pilots, § 91.531(c) should
also apply to powered-lift to maintain
the level of safety for powered-lift as
provided for airplanes. The FAA
proposes that paragraph (c) apply to
powered-lift.
Section 91.533 describes flight
attendant requirements for airplanes
with more than 19 passengers. The FAA
acknowledges that at this time there are
no powered-lift undergoing type
certification with more than 19 seats.
However, the FAA recognizes that flight
attendants are critical for passenger
safety, especially for inflight emergency
situations or where an emergency
evacuation is required. The FAA
proposes in § 194.302(kk) that this
section apply to powered-lift with more
than 19 passengers onboard if they are
certificated for civil operations during
the duration of the SFAR. This approach
will provide the same level of safety for
powered-lift as is currently provided for
airplanes.
6. Subpart G—Additional Equipment
and Operating Requirements for Large
and Transport Category Aircraft
Subpart G, beginning with § 91.601,
applies to the operation of large and
transport category U.S.-registered civil
aircraft and specifies additional
equipment and operating requirements.
The FAA anticipates that U.S.-registered
large powered-lift will operate similar to
airplanes when considering altitude,
speed, passenger carrying capacity,
passenger safety, composition of flight
crew, operating environment (e.g., over
water), and required safety and rescue
equipment. For these reasons, the FAA
does not differentiate between airplanes
and powered-lift when it relates to the
safety standards required by this
section. The FAA proposes that the
airplane requirements contained in the
following listed sections of this subpart
apply to large powered-lift in order to
meet the higher level of airworthiness
and equipment standards for aircraft
that will be carrying larger amounts of
passengers, and for the reasons
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described in section IV.A of this
preamble.
Subpart G also contains airplane
regulations that are subject to certain
airworthiness certification provisions.
The FAA will determine whether to
apply the specific airworthiness
requirement for the equipment required
by subpart G or other airworthiness
criteria that provide an equivalent level
of safety the type certification process
under § 21.17(b), as discussed
previously regarding the applicability of
part 91 subpart F.
Section 91.603, Aural speed warning
device, requires that a transport category
airplane be equipped with an aural
speed warning device that complies
with § 25.1303(c)(1). The FAA proposes
in § 194.302(ll) that this regulation
apply to large powered-lift to provide an
equivalent level of safety to currently
certificated airplanes under Subchapter
C airworthiness standards. Powered-lift
subject to § 91.603 must be equipped
with an aural speed warning device that
complies with § 25.1303(c)(1) or
airworthiness criteria that the FAA has
determined provides an equivalent level
of safety in accordance with § 21.17(b).
Section 91.605 prescribes transport
category civil airplane weight
limitations. Powered-lift are capable of
performing both vertical takeoffs and
landings, and takeoffs and landings
using wing-borne lift similar to an
airplane. The FAA proposes that certain
provisions in § 91.605 apply to large
powered-lift to ensure those aircraft can
safely takeoff and land in accordance
with the performance information in the
Aircraft Flight Manual and taking into
consideration altitude and temperature.
This application of the rule provides
flexibility to operators seeking to
maximize the novel capabilities of
powered-lift while maintaining a high
level of operational safety.
Section 91.605(a) prescribes takeoff
requirements for transport category
airplanes (other than a turbine-enginepowered 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 § 21.17(b) will be
required to have an Aircraft Flight
Manual; accordingly, the FAA does not
propose to apply § 91.605(a) to
powered-lift for this SFAR.
Section 91.605(b) contains references
to an Airplane Flight Manual and
prohibits operations contrary to the
flight manual. Section 91.605(b)(1)
states that no person operating a
turbine-engine-powered transport
category airplane may take off that
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airplane at a weight greater than that
listed in the Airplane Flight Manual.
The calculation for determining that
takeoff weight must consider the
elevation of the airport and the ambient
temperature existing at the time of
takeoff. This regulation provides an
important performance criterion to
ensure that operators of an aircraft
consider the effects of altitude and
temperature when determining the
maximum allowable takeoff weight. The
effects of altitude and temperature are
important to consider because aircraft
performance is reduced as the altitude
and the temperature is increased. This
is especially true for takeoff operations,
where an increase in altitude and
temperature causes a decrease in aircraft
performance. An increase in altitude
and temperature also causes an increase
in takeoff distance required and a
decrease in the maximum allowable
takeoff weight. Adherence to the
performance limitations in the Aircraft
Flight Manual is critical for the safe
operation of any aircraft, including
powered-lift whose performance is also
negatively impacted by increased
altitude, temperature, and weight.
Therefore, the FAA proposes in
§ 194.302(mm) to apply § 91.605(b)(1) to
large powered-lift—regardless of
whether they will takeoff vertically or
using wing-borne lift similar to an
airplane—and that have the takeoff
performance information in the aircraft
flight manual.
Section 91.605(b)(2) stipulates no
person operating a turbine-enginepowered transport category airplane
may take off at a weight (allowing for
normal consumption of fuel and oil in
flight to the destination or alternate
airport) if the weight of the airplane on
arrival would exceed the landing weight
as contained in the Airplane Flight
Manual taking in consideration the
elevation of the destination or alternate
airport and the ambient temperature
anticipated at the time of landing. As
described in the previous paragraph,
these computations must include the
elevation of the take-off and the ambient
temperature at the time of takeoff. This
regulation establishes an important pretakeoff planning criterion that must
consider the maximum landing weight
to ensure that the airplane is at a weight
that will allow a landing that is within
the performance capabilities of that
aircraft. The FAA proposes in
§ 194.302(nn) that paragraph (b)(2)
apply to large powered-lift—regardless
of whether they will land vertically or
using wing-borne lift similar to an
airplane—and that have the landing
performance information in the aircraft
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flight manual. Applying this paragraph
will help ensure that large powered-lift
are operated at the same level of safety
required for transport category
airplanes.
Section 91.605(b)(3) and (b)(4)(ii) also
contain additional takeoff criteria for
turbine-engine-powered transport
category airplanes, such as wet runway
and clearway distances. The FAA
proposes in § 194.302(oo) to apply these
requirements to certain large poweredlift to ensure that published flight
manual limitations are not exceeded
when powered-lift execute takeoff
operations that utilize wing-borne lift,
similar to an airplane, and have that
takeoff performance information
contained in the flight manual. The
FAA proposes paragraphs (b)(3) and
(b)(4)(ii) apply to large powered-lift that
execute takeoff operations using wingborne lift and that have takeoff
performance information in the flight
manual.
Section 91.605(c) sets specific
requirements for takeoff distances and
runway lengths for turbine-enginepowered transport category airplanes
certificated after August 29, 1959. The
FAA considers that these provisions are
equally important and necessary for
powered-lift to safely execute takeoff
operations that utilize wing-borne lift.
The FAA proposes (also in
§ 194.302(oo)) that this paragraph apply
to large powered-lift executing takeoff
operations that utilize wing-borne lift
and have takeoff performance
information in the aircraft flight manual.
Section 91.609 sets forth requirements
for FDR and cockpit voice recorder
(CVR) in large and transport category
aircraft. Section 91.609(a) and (b)
already apply to powered-lift because
those paragraphs apply to ‘‘aircraft.’’
Paragraphs (f), (g), and (k) also already
apply to operators of powered-lift who
are otherwise required by part 194 to
comply with this section. Section
91.609(c)(1) requires that a multiengine, turbine-powered airplane or
rotorcraft having a passenger seating
configuration, excluding any pilot seat,
of 10 or more, that has been
manufactured after October 11, 1991,
unless it is equipped with one or more
approved flight recorders that utilize a
digital method of recording and storing
data and a method of readily retrieving
that data from the storage medium.
Additionally, this paragraph requires
that the flight recorder must retain no
less than 8 hours of aircraft operation.
The FAA proposes in § 194.302(pp) that
a powered-lift, regardless of the type of
powerplant, that otherwise meets the
threshold requirements of this
paragraph be required to comply with
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this paragraph. However, § 91.609(c)(1)
specifies that the parameters for the
flight recorder that must be recorded are
contained in part 91, appendix E or F,
which are specific to airplanes or
helicopters. As stated previously, many
powered-lift will be manufactured
combining the design features of an
airplane and helicopter, to varying
degrees. In place of appendices E and F
to part 91,373 the FAA has drafted new
FDR tables for part 194,374 which
outline the FDR specifications for
powered-lift under part 91, in proposed
§§ 194.312 and 194.313. In developing
these tables, the FAA applied the FDR
requirements from the airplane and
helicopter appendices to powered-lift,
dependent on which operational flight
mode is in use (i.e., wing-borne flight
mode or vertical-lift flight mode). In
addition, the FAA replaced helicopterspecific nomenclature to accommodate
powered-lift. For example, helicopter
flight controls, as written, describe
pedals and collective controls, which
may not apply to powered-lift. In
addition, the FAA changed the
terminology that provided directional
controls for ‘‘ascent and descent’’.
Notwithstanding slight nomenclature
changes within the parameters, the FAA
did not change the other information
and numbers within the tables. The
FAA invites comments on these new
draft tables to ensure that the FAA has
adequately addressed all of the
requirements for these novel aircraft.
Section 91.609(c)(3) requires that all
airplanes and rotorcraft subject to
§ 91.609(c)(1) manufactured on or after
April 7, 2010, must meet the FDR
requirements of § 23.1459, § 25.1459,
§ 27.1459, or § 29.1459, as applicable,
and retain at least the last 25 hours of
recorded information using a recorder
that meets the standards of TSO–C124a,
or later revision. The FAA proposes in
§ 194.302(pp) that powered-lift comply
with this requirement to provide a level
of safety equivalent to airplanes and
rotorcraft.
Section 91.609(d) requires that
whenever a flight recorder required by
§ 91.609 is installed, it must be operated
continuously from the instant the
airplane begins the takeoff roll or the
rotorcraft begins lift-off until the
airplane has completed the landing roll
or the rotorcraft has landed at its
destination. The FAA proposes in
§ 194.302(pp)(3) to require powered-lift
to comply with this section by requiring
373 See appendix E to part 91, Airplane Flight
Recorder Specifications, and appendix F to part 91,
Helicopter Flight Recorder Specifications, 14 CFR
part 91.
374 The SFAR tables are found in the regulatory
text within the SFAR amendment.
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that the flight recorder be operated
continuously from the earlier of when
the powered-lift begins the takeoff roll
or begins lift-off until the latter of when
the powered lift has completed the
landing roll or has landed at its
destination. This will ensure the same
level of safety is provided for poweredlift as exists in the current regulations
for airplanes and rotorcraft.
Section 91.609(e) requires that unless
otherwise authorized by the
Administrator, after October 11, 1991,
no person may operate a U.S. civil
registered multiengine, turbine-powered
airplane or rotorcraft having a passenger
seating configuration of six passengers
or more and for which two pilots are
required by type certification or
operating rule unless it is equipped with
an approved CVR. CVRs enhance safety
and are required in turbine-powered
airplanes and rotorcraft carrying a
certain passenger count as a necessary
hazard analysis tool used during an
accident investigation. As early as 1978,
the FAA has noted that consideration
should be given to requiring Ground
Proximity Warning Systems (GPWS),
CVR, and FDR equipment on turbojetpowered airplanes with 10 or more
passenger seats due to the complexity
and high-performance characteristics of
those airplanes.375 These sources of
information aid in determining causal
and contributing factors in accident and
incident investigation. Amendments
issued in response to NTSB
recommendations as well as
congressional mandates identify the
FAA’s broader responsibility to apply
these appropriately to all aircraft with
certain seating capacities.376 The CVR
provides accident investigation
information that is unattainable from
any other source with valuable auditory
information such as sounds captured in
the cockpit. Accordingly, the FAA
proposes in § 194.302(pp), regardless of
the type of powerplant, that poweredlift which have a passenger seating
configuration of six or more and for
which two pilots are required by type
certification or operating rules, will be
required to comply with all the
paragraphs of paragraph (e). This will
ensure that powered lift operate as
safely as airplanes and rotorcraft.
Section 91.609(h) is applicable to
legacy airplanes certificated before April
7, 2010. It cannot apply to new entrant
aircraft and is accordingly not
applicable to powered-lift.
375 See Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 43 FR 46742,
46768 (Oct. 10, 1978).
376 Id. at 46742.
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Section 91.609(i) and (j) apply to both
airplanes and rotorcraft. The FAA
considers CVRs and FDRs to be
necessary safety equipment on airplanes
and rotorcraft and proposes in
§ 194.302(pp) that these requirements
also be applicable to powered-lift. The
same concerns regarding ensuring data
is recorded from the cockpit or flight in
the event of an accident or incident are
true for powered lift as they are for
airplanes and helicopters.
Section 91.611 authorizes ferry flights
with one engine inoperative for
airplanes with three or four engines.
The rule was written specifically for
airplanes and is based on airplane
performance characteristics. The FAA
acknowledges that some powered-lift
may operate as an airplane during
takeoff but determined this section
should not be applicable to large
powered-lift under the SFAR due to the
lack of data to support safe powered-lift
operations with an inoperative engine.
The FAA expects to obtain more data
during the term of this SFAR to
determine if powered-lift can safely
operate with an inoperative engine.
Section 91.613 requires airplane
compartment interiors to meet the flame
propagation requirements set forth in
§ 25.853 or § 25.856. The part 25
certification standard for flame
propagation materials reduces the
spread of fire within the aircraft and in
the event of a post-crash fire, as well as
reducing the penetration of fire for an
external source such as an engine
firewall. Section 91.613(b)(2) is
applicable to transport category
airplanes manufactured after September
2, 2005 and the FAA proposes in
§ 194.302(qq) that it be applied to
powered-lift of similar size and capacity
under the SFAR due to the safety
mitigations this rule provides. For large
powered-lift, the FAA proposes that the
thermal/acoustic installation materials
required by § 91.613(b)(2) meet the
requirements of § 25.856 or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b).
Section 91.613(a) does not apply to
powered-lift because SFAR 41
terminated in September 1983 and is
limited to type design changes for
airplanes issued prior to October 1979.
7. Subpart K—Fractional Ownership
Operations
Subpart K was added to part 91 in
2003 to establish criteria for fractional
ownership programs. It allows fractional
owners and the management company
to share operational control of the
aircraft and delineates operational
control responsibilities. It also contains
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regulatory safety standards for
operations under fractional ownership
programs, including management
operations, maintenance, training, and
crewmember flight and duty
requirements. Subpart K currently has
two powered-lift references in
§§ 91.1001(b)(10) and 91.1053(a)(2).
These references were included when
part 91 subpart K was codified to
prescribe specific applicability and crew
training requirements for fractional
ownership operations. Pilot training and
qualification requirements under this
subpart are discussed in section V of
this preamble. In addition to the specific
powered-lift references, many subpart K
sections impose requirements on
aircraft, which include powered-lift.
As stated in section V.L of this
preamble, the following sections of
subpart K will apply to large poweredlift without regard to type of
powerplant.
Section 91.1025 prescribes program
operating manual contents. The manual
must set forth the program’s procedures
and policies to ensure the safe operation
of the aircraft they use. The manual
content requirements of a Destination
Airport Analysis specified in
§ 91.1025(o) are only required if the
aircraft meets the thresholds set forth
§ 91.1037, Large transport category
airplanes: Turbine engine powered;
Limitations; Destination and alternate
airports. The FAA anticipates some
powered-lift will be manufactured in a
way that would trigger the safety
requirements of § 91.1037. This section
is already applicable to powered-lift that
operate under subpart K; however, the
FAA also clarifies that if a specific
powered-lift meets the requirements of
§ 91.1037, then all of the requirements
of § 91.1025(o), including
§ 91.1025(o)(7) which currently only
applies to airplanes, would be
applicable as well, as set forth in
§ 194.302(rr). This proposal will ensure
that an adequate level of safety is
maintained for powered-lift that meet
the performance requirements of
§ 91.1037, and that any inoperative
equipment is considered when
Destination Airport Analysis is
performed.
Section 91.1037 addresses large
transport category airplanes and should
apply to large powered-lift. The FAA
perceives that large powered-lift will
operate similar to large transportcategory airplanes when considering
altitude, distance, speed, passenger
carrying capacity, passenger safety,
composition of flight crew, operating
environment (e.g., over water), and
required safety and rescue equipment.
Specifically, § 91.1037(e) requires that,
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unless based on a showing of actual
operating landing techniques on wet
runways, a shorter landing distance (but
never less than that required by
paragraph (b) or (c)) has been approved
for a specific type and model airplane
and included in the Airplane Flight
Manual, no person may take off a
turbojet airplane when the appropriate
weather reports or forecasts, or any
combination of them, indicate that the
runways at the destination or alternate
airport may be wet or slippery at the
estimated time of arrival unless the
effective runway length at the
destination airport is at least 115
percent of the runway length required
under paragraph (b) or (c). The FAA
anticipates that due to the VTOL
capabilities of powered-lift, many of
these aircraft may not need to compute
a landing distance as required by this
section. However, certain powered-lift
may conduct landing operations similar
to an airplane. Accordingly, the FAA
proposes in § 194.302(rr) this entire
section be applicable to large poweredlift that are certificated to conduct
landing operations in wing-borne flight
mode as indicated in the aircraft flight
manual.
Section 91.1039(c) prohibits a pilot on
a program aircraft operating a program
flight from beginning an instrument
approach procedure to an airport unless
the MDA or Decision Altitude (DA) and
visibility landing minimums prescribed
in part 97 or in the program manager’s
management specifications are
increased by 100 feet and 1–2 mile
respectively, but not to exceed the
ceiling and visibility minimums for that
airport when used as an alternate
airport, for each PIC of a turbinepowered aircraft who has not served at
least 100 hours as PIC in that type of
aircraft. This regulation is based on
§ 135.225(e), and was incorporated into
the subpart K rules for Fractional
Ownership operations because the FAA
considered that the safe execution of an
instrument approach to the lowest
minimums requires the highest degree
of pilot familiarity with the airplane, its
controls, instruments, and performance
characteristics, and that 100 hours of
experience in a new type of airplane as
PIC in air carrier or commercial
operations is necessary in order to
achieve this degree of familiarity. This
familiarity requirement is still relevant
to operations conducted in airplanes
today and pilots of all powered-lift
should also possess the highest degree
of familiarity with their aircraft, its
controls, instruments, and performance
requirements, not only those operating
turbine-powered powered-lift. The FAA
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also anticipates the pilots of any
powered-lift will experience an
additional workload as the aircraft
transitions from wing-borne to verticallift flight, during the landing phase
while in reduced visibility. The FAA is
proposing that the PIC of all powered
lift operating under subpart K increase
the MDA or DA and visibility landing
minimums as required by § 91.1039(c),
as set forth in proposed § 194.304.
Section 91.1041 addresses aircraft
proving and validation tests. Section
91.1041 sets out the parameters and the
requirements for when Proving and
Validation Tests must be accomplished
by a fractional ownership program.
Proving tests are necessary to evaluate
each fractional ownership program’s
ability to conduct operations safely and
in accordance with the applicable
regulations. Proving tests, under
§ 91.1041, consist of a demonstration of
the fractional ownership program’s
ability to operate and maintain certain
aircraft new to the operator’s fleet or the
certificate holder’s ability to conduct a
particular kind of operation.
Additionally, it is each fractional
ownership program manager’s
responsibility to show that each aircraft
can be operated safely and in
compliance with the regulations and
their procedures.
Section 91.1041(b) requires a
fractional ownership program manager
to conduct proving tests in a turbojet
airplane if they have not previously
proved a turbojet airplane. The FAA
expects powered-lift, regardless of the
powerplant, to have additional
complexity due to their design and
operation, and that these features have
not been available and experienced by
the civilian market to date. To ensure a
high level of safety is maintained when
these aircraft are operated, the FAA is
proposing in § 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 § 91.1041(b)(1) through (3).
The FAA requires validation testing
for certain authorizations, and for the
addition of certain aircraft that were
previously proved or validated but are
not of the same make or model, or of
similar design. These tests are required
for aircraft that require two pilots for
flight in VFR conditions, or turbojet
airplanes. For the same reasons cited
above for proving tests, validation
testing required by § 91.1041(d) should
be applicable to all powered-lift. The
FAA proposes in § 194.302(ss) that
validation testing be required when a
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program manager requests authorization
to use a powered-lift, unless a poweredlift of the same make or similar design
has been previously proved or validated
by that program manager in operations
under subpart K.
Section 91.1045 contains additional
safety equipment requirements for
program aircraft. The FAA is proposing
that this rule apply to powered-lift in
proposed § 194.302(tt). For powered-lift
with more than 30 seats or a payload
capacity of more than 7,500 pounds, the
FAA proposes that § 91.1045(a) applies;
and for powered-lift with 30 seats or
fewer and a payload capacity of 7,500
pounds or less, § 91.1045(b) applies.
Section 91.1045(a)(3) and (b)(3)
specify TAWS as the required terrain
awareness and warning system
requirement. The FAA considered both
TAWS and HTAWS because of
powered-lift’s ability to operate similar
to both airplanes and helicopters. The
FAA determined that the current
HTAWS specification would provide
the best level of safety without an undue
number of nuisance warnings. The FAA
proposes that § 91.1045(a)(3) and (b)(3)
apply to powered-lift, and that poweredlift comply with the requirements in
§ 194.307(q) of this SFAR. For further
discussion of the FAA’s proposal
regarding TAWS vs. HTAWS, please see
VI.B.
Section 91.1045(b)(5) refers to
airborne thunderstorm detection
equipment required by § 135.173 or
airborne weather radar required by
§ 135.175, as applicable to the aircraft
specified in each section. This section is
applicable to airplanes having a
passenger-seat configuration of 30 seats
or fewer, excluding each crewmember,
and a payload capacity of 7,500 pounds
or less, and any rotorcraft (as
applicable). The use of airborne
thunderstorm detection equipment or
airborne weather radar contributes to
greater safety in operations because it
enables the pilot to detect and locate
severe adverse weather areas early. The
equipment also enables the pilot to
avoid these areas or take other action
necessary for safety of flight. Therefore,
the FAA proposes in § 194.302(uu) that
§ 91.1045(b)(5) apply to powered-lift. As
an additional note, the requirements of
§§ 135.173 and 135.175 apply as-written
to powered-lift because they apply to
aircraft and the FAA is not proposing to
apply the helicopter provisions of those
sections to powered-lift.
The provisions in § 91.1109, with the
exception of § 91.1109(b)(4), are
applicable to powered-lift because they
apply to aircraft. Section 91.1109(b)
requires each person desiring to
establish or change an approved
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39039
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
§ 91.1109(b)(4), the inspection program
may be derived from an airplane
inspection program approved under
§ 125.247 and currently in use under
part 125. The FAA has recently
proposed to amend the applicability of
part 119 and allow powered-lift
operations in part 125 in the Update to
Air Carrier Definitions NPRM. However,
the FAA is not including part 125 in
this SFAR because there are no
powered-lift currently in the
certification process (or expected in the
foreseeable future) that meet the
applicability requirements of part 125.
Although § 91.1109(b)(4) is not
applicable to powered-lift, the
remaining provisions in § 91.1109 apply
to powered-lift because they apply to all
aircraft.
Additionally, the FAA noted that
§ 91.1115(b)(1) uses the word ‘‘airplane’’
and the rest of paragraph (b) uses the
word aircraft. In examining the NPRM
and the final rule promulgating subpart
K, the FAA expressed no intent to call
out paragraph (b)(1) for airplanes only.
The NPRM and final rule expressed
intent to hold operations under subpart
K to the same safety standards as other
operations. Section 91.213, the other
inoperative instruments and equipment
regulation within part 91, uses the word
aircraft throughout and was the model
language used for § 91.1115. The word
airplane was substituted for the word
aircraft in § 91.1115(b)(1) in error. The
FAA proposes a technical amendment
to § 91.1115(b)(1) to change the word
‘‘airplane’’ to ‘‘aircraft.’’ Changing this
reference will not adversely affect any
other category of aircraft. As changed,
this section would then apply to
powered-lift.
The Continuous Airworthiness
Maintenance Program (CAMP) program
manager is primarily responsible for
maintaining the airworthiness of the
program aircraft, including airframes,
aircraft engines, propellers, rotors,
appliances, and parts, including for
powered-lift. There are also other
obligations, such as preparing
mechanical reliability reports and
mechanical interruptions summaries.
The CAMP manager is also responsible
for maintaining the operations manual
and maintaining the records required by
§ 91.1427 for the specified amount of
time. Fractional ownership CAMP
requirements apply to powered-lift
because, similar to the fractional
ownership program discussed above,
the CAMP Manager’s obligations are
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applicable to all aircraft in the program,
including powered-lift. As discussed in
section VII.A.2, the FAA reiterates that
the term ‘‘engine’’ includes electric
engines and any other powerplants.
C. Part 97 Rules for Powered-Lift
ddrumheller on DSK120RN23PROD with PROPOSALS2
Part 97 of title 14 prescribes standard
instrument approach procedures,
obstacle departure procedures, and
weather minimums that apply to IFR
takeoffs and landings at civil airports in
the U.S.377 Section 97.3 defines Copter
Procedures as helicopter procedures,
with applicable minimums as
prescribed in § 97.35.378 The definition
is limited to helicopters because when
part 97 was promulgated, the FAA did
not envision that aircraft would have
hybrid airplane and helicopter
characteristics. Consequently, poweredlift are currently excluded from using
Copter Procedures even if they are able
to perform the operations safely. The
purpose of this section of the SFAR is
to propose a regulatory pathway that
allows powered-lift to utilize the Copter
Procedures specified in § 97.3.
Part 97 was established because the
FAA recognized the technological
advances that supported the ability to
take-off and land safely at airports while
operating under IFR. It was originally
codified in 1963 without reference to
Copter Procedures, but the term was
added in 1972 379 and defined as:
helicopter procedures, with applicable
minimums as prescribed in § 97.35.
Helicopters may also use other
procedures prescribed in Subchapter C
of this part and may use the Category A
minimum descent altitude (MDA), or
decision height (DH). The required
visibility minimum may be reduced to
one-half the published visibility
minimum for Category A aircraft, but in
no case may it be reduced to less than
377 Instrument means a device using an internal
mechanism to show visually or aurally the attitude,
altitude, or operation of an aircraft or aircraft part.
It includes electronic devices for automatically
controlling an aircraft in flight. See, 14 CFR 1.1. The
IFR are applicable to an aircraft, pilot, and
operation when operating in IMC as opposed to
VMC.
378 The minimums prescribed in §§ 97.21 through
97.37, including § 97.35, are not published in the
Code of Federal Regulations. Federal Register
citations affecting these procedures can be found in
the List of CFR Sections Affected (LSA), April 2020
at https://www.govinfo.gov/content/pkg/LSA-202004/html/LSA-2020-04-title14.htm. Section 97.20
prescribes the Standard for Terminal Instrument
Procedures (TERPs), which is documented on FAA
Forms 8260–3, 8260–4, 8260–5, and 8260–15A, and
depicted on aeronautical charts published by the
FAA at https://www.faa.gov/air_traffic/flight_info/
aeronav/digital_products/. They are incorporated
by reference pursuant to 5 U.S.C. 552(a) and 1 CFR
part 51.
379 General Operating and Flight Rules, 37 FR
6286 (Mar. 28, 1972).
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one-quarter mile or 1,200 feet runway
visual range (RVR). HAL means height
above a designated helicopter landing
area used for helicopter instrument
approach procedures. Point in space
means a helicopter instrument approach
procedure to a point in space to a
missed approach point that is more than
2,600 feet from an associated helicopter
landing area.380
Part 97 was further amended in 2002
to allow for technological advances that
support area navigation (RNAV), such as
GPS, while retaining the current
ground-based systems.381 The
amendments also changed the Standard
Instrument Approach Procedures name
to Standard Instrument Procedures to
reflect that part 97 refers to both takeoffs
and approaches, and incorporated the
term helipoint, defining it as the aiming
point for the final approach course for
heliports. Later amendments clarified
terminology and updated certain terms
for ICAO consistency.
The FAA proposes in § 194.305 that
powered-lift operators seeking to use
Copter Procedures must use a poweredlift that has a standard airworthiness
certificate for IFR operations and meet
equivalent system design and stability
as helicopters currently type certificated
for instrument flight under the
airworthiness standards in appendix B
to parts 27 and 29. If a powered-lift does
not meet that equivalency, it would
contain a limitation in its aircraft flight
manual prohibiting use of copter
procedures. The specific airworthiness
standards will be established during the
type certification process. The criteria
the FAA considers necessary for
powered-lift to conduct Copter
Procedures under part 97 are explained
below.
1. Copter Instrument Procedures
Copter instrument procedures (IP)
provide an instrument procedure along
a predetermined course to safely allow
helicopter traffic to transition between
VFR and IFR for approaches and
departures. The criteria for these
approaches or departures are defined in
the FAA Orders Standard for Terminal
Instrument Procedures (TERPS)
Manuals and presume a certain level of
vehicle performance and stability. For
example, copter instrument approach
procedures (IAPs) are designed
presuming nominal descent rates and
gradients over a range of given
airspeeds. Those approaches also
presume the maximum and minimum
380 Designation of Federal Airways, Controlled
Airspace and Reporting Points, 37 FR 6286 (Mar.
28, 1972).
381 Area Navigation (RNAV) and Miscellaneous
Amendments, 72FR 31661 (Jun. 7, 2007).
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descent glideslope and gradient that
may be encountered while maintaining
vertical navigation accuracy. In
addition, the design of the IAPs allow
for the aircraft to descend to the
minimum descent altitude (MDA) or
decision altitude (DA) prior to or upon
arriving at the missed approach point
(MAP). At the MAP, the pilot must
assess whether the flight can safely and
legally proceed to the destination in the
meteorological conditions present.
Continuation of the flight beyond the
MAP must be accomplished via a visual
transition segment in accordance with
the design of the IAP. The MAP is
located such that the aircraft can
execute the missed approach procedure
or visually transition to a safe landing
by using a nominal deceleration rate.
Both the missed approach procedures
and departure procedures are designed
with the underlying minimum
assumption of aircraft performance as
defined in the TERPS manual.
Powered-lift IFR certification and
compatibility with instrument
approaches will be assessed during the
aircraft type certification process. The
aircraft’s ability to conduct these types
of operations will be contained in the
approved aircraft flight manual as part
of the operation limitations and the
types of operation in accordance with
§§ 23.2620, 25.1583, 27.1583, and
29.1583, 14 CFR part 27 or 29, appendix
B, section IX, or airworthiness criteria
developed in accordance with § 21.17(b)
that establish an equivalent level of
safety.
2. Airworthiness Evaluation of
Eligibility for Copter Procedures
For powered-lift seeking approval to
fly IFR and to use Copter Procedures,
the FAA will assess the aircraft’s
stability, system, and equipage for IFR
operations as compared to helicopters.
This assessment will occur during the
type certification process. A poweredlift design that meets standards that
provide an equivalent level of safety to
the relevant standards in parts 27 and
29 can be certificated for IFR flight and
authorized to execute Copter
Procedures. A powered-lift that does not
possess these characteristics may still be
certificated for IFR but will be
prohibited from performing Copter
Procedures and have a limitation in the
Aircraft Flight Manual to that effect.
For helicopters, appendix B to parts
27 and 29 (‘‘Airworthiness Criteria for
Helicopter Instrument Flight’’) is based
on the traditional operating profile of a
classically designed helicopter and
flight control system. The safety
objectives contained within appendix B
for IFR approval focus on an increase in
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stability, system design, and system
safety over a part 27 or 29 Helicopter
only approved to operate under VFR.
The FAA does acknowledge that for
powered-lift, the appendix B
assumptions are not directly compatible
due to the aircraft’s hybrid capability
and flight controls. For powered-lift,
safety objectives equivalent to appendix
B will be incorporated as part of the
type design requirements, specifically
focusing on (1) adequate static stability,
(2) adequate dynamic stability, and (3)
system safety.
Static stability is the aircraft’s ability
to maintain or return to its original
flight path, and dynamic stability is the
aircraft’s ability to return to a stabilized
condition after being disturbed. The
ability to maintain uniform flight
conditions and recover from
disturbances without requiring
exceptional pilot skill and ability is
critical when assessing an aircraft for
IFR approval. System safety is a design
process that ensures adequate
robustness of the aircraft systems based
on the failure hazard analysis developed
during the type certification process. It
involves identifying risks to the entire
system and developing mitigations
based on how the aircraft responds to
system failures. Under the FAA’s
proposal, powered-lift designs may
include additional design redundancy
compared to a classically designed
helicopter to ensure that the crew could
safely manage any failures.
The FAA proposes that powered-lift
seeking approval for IFR operations
meet equivalent standards in appendix
B regarding system safety and stability
during the type certification process.
The specific requirements will be
established during the type certification
process when the FAA evaluates the
types of operations that the applicant
intends to conduct. The FAA will assess
those operations, which may include
IFR and Copter Procedures, as part of
the type design approval process to
ensure that they can be conducted
safely. Those operations will be
identified in the limitations of the
aircraft flight manual along with any
other specific limitations and
procedures necessary for safe operation.
Upon termination of the SFAR and in
accordance with any changes made
permanent after the expiration of the
SFAR, the FAA expects to update
guidance material, such as the TERPS
Manual, certain Advisory Circulars,382
382 E.g., AC 90–80C Approval of Offshore
Standard Approach Procedures, Airborne Radar
Approaches, and Helicopter En Route Descent
Areas; AC 90–101A—Approval Guidance for
Required Navigation Performance (RNP) Procedures
with Authorization Required (AR); AC 90–105A—
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the Airman Information Manual (AIM),
and the Aeronautical Information
Publication (AIP).
Navigation Specification (NavSpec)
RNP 0.3 currently applies only to
rotorcraft operations. The FAA will
assess the navigational system for
powered-lift to determine if they will be
allowed to use this NavSpec. The
NavSpec will be amended as required
following these determinations.
D. Part 135 Rules for Powered-Lift
The FAA expects there will be a
demand to use powered-lift in
commercial operations requiring a part
119 certificate. Therefore, to safely
integrate these aircraft into part 135
operations, the FAA completed a review
of the current part 135 regulations to
determine any necessary additional
applicability to powered-lift.
Part 135 applies to two kinds of
operations: on-demand and commuter.
These operations are defined in § 110.2.
On-demand operations are those either
conducted as a public charter under part
380 or any operations in which the
departure time and location and arrival
location are specifically negotiated with
the customer and are: in rotorcraft;
common carriage operations with
airplanes (including turbojet-powered
airplanes) that have a passenger-seat
configuration of 30 seats or fewer and a
payload capacity of 7,500 pounds or
less; or noncommon or private carriage
operations conducted with airplanes
having a passenger-seat configuration of
less than 20 seats and a payload
capacity of less than 6,000 pounds.
On-demand operations also include
scheduled passenger-carrying
operations that consist of less than five
round-trips per week on at least one
route between two or more points
according to its published flight
schedules in airplanes (other than
turbojet-powered airplanes) that have a
maximum passenger-seat configuration
of 9 seats or less and a maximum
payload capacity of 7,500 pounds or
less, or in any rotorcraft. Finally, ondemand operations also include allcargo operations conducted with
airplanes having a payload capacity of
7,500 pounds or less, or with rotorcraft.
Commuter operations are scheduled
operations conducted by any person
operating airplanes (other than turbojetpowered airplanes) that have a
maximum passenger-seat configuration
of 9 seats or less and a maximum
payload capacity of 7,500 pounds or
Approval Guidance for RNP Operations and
Barometric Vertical Navigation in the U.S. National
Airspace System and in Oceanic and Remote
Continental Airspace; and AC 90–119 Performance
Based Navigation Operations.
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39041
less, as well as all rotorcraft, when such
operations conduct at least five round
trips per week on at least one route
between two or more points according
to its published flight schedules. As
described in Section III. of this
preamble, the Update to Air Carrier
Definitions NPRM proposes to revise the
definitions of commuter and on-demand
to add powered-lift to part 110 so that
operations can be conducted with those
aircraft under part 135.
Part 135 includes references to
airplanes, helicopters, rotorcraft, and
powered-lift; however, part 135 only
references powered-lift once. That
reference is in the flight experience
requirements of § 135.4. Although the
term powered-lift was introduced when
§ 135.4 was added to part 135, it was not
necessary to review and revise any other
sections of part 135 to incorporate
powered-lift because powered-lift were
not available for civil operations at that
time.
As previously stated in section VI.A,
all regulatory requirements imposed on
‘‘aircraft’’ apply to powered-lift.
Accordingly, any portions of part 135
which are silent to aircraft category are
applicable to all part 135 operations
conducted with powered-lift. Part 135
training and qualification requirements
for pilots of powered-lift are discussed
in section V.G of this preamble.
1. Part 135 Helicopter Rules Addressed
in this SFAR
The FAA analyzed the part 135
regulations and identified helicopter
rules that it determined should apply to
powered-lift, either because the rules
are more conservative or appropriate
considering the VTOL capabilities of
powered-lift. The FAA considered the
similarities between helicopter and
powered-lift in areas such as
performance characteristics, vertical
take-off and landing capabilities,
maneuverability, range and operating
environment. The FAA also considered
those part 135 operations for which
powered-lift could be used in lieu of a
helicopter due to the capabilities of
powered-lift such as those pertaining to
air ambulance operations and off-shore
passenger carrying operations that are
currently unique to helicopters.
i. Subpart B: Flight Operations
Section 135.117(a) requires each PIC
of an aircraft carrying passengers to
ensure that passengers have been orally
briefed on certain specific items.
Specifically, § 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
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equipment. An extended over water
operation means, with respect to
helicopters, an operation over water at
a horizontal distance of more than 50
nautical miles from the nearest
shoreline and more than 50 nautical
miles from an off-shore heliport
structure.383 In addition, § 135.117(a)(9)
requires that, before each takeoff, the
PIC of a rotorcraft that involves flight
beyond the autorotational distance from
the shoreline ensure that all passengers
have been orally briefed on the use of
life preservers, ditching procedures, and
emergency exit from the rotorcraft in the
event of a ditching. This briefing must
include the location and use of life rafts
and other life preserver devices as
applicable.384
In the preamble promulgating
§ 135.117, the FAA explained that the
safety equipment requirements for
helicopters are different from those of
airplanes.385 This differentiation is
made for two reasons. First, helicopters
generally operate at lower altitudes than
airplanes—usually below 10,000 feet.
These lower altitudes reduce the
autorotational distance and less time is
available to prepare for an unplanned
landing due to an unexpected event.
Second, airplanes are designed with
certain features that can enable them to
float for a period of time after ditching
such as doors above the waterline and,
in some airplanes with pressurized
cabins, closeable outflow valve(s).
Helicopters do not incorporate these
design features and may not be able to
float on the surface like an airplane after
ditching. Additionally, helicopters, by
design, generally have a higher center of
gravity and, when ditched, can roll over
and then rapidly fill with water causing
them to sink. Based on these two
considerations, helicopter passengers
must have additional protections for
survival in water if they need to exit the
helicopter after ditching as reflected by
the requirements in § 135.117(a)(9).386
Powered-lift may have a wide variety
of design features that may influence
buoyancy after ditching and the ability
to evacuate in case of an emergency. For
example, some aircraft with pressurized
cabins are likely to be more buoyant and
water resistant than other aircraft
ddrumheller on DSK120RN23PROD with PROPOSALS2
383 14
CFR 1.1.
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.
385 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations; Safety Initiatives and
Miscellaneous Amendments, 75 FR 62639 (Oct. 12,
2010).
386 If the aircraft is carrying rafts or other life
preserver devices onboard, passengers must be
briefed on the location and use of these items.
384 ‘‘As
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without a pressurized cabin. In
addition, different aircraft designs,
including a lower center of gravity and
passenger doors above the waterline,
may increase the ability to not take on
water and float for a longer period of
time. With regard to features that may
influence buoyancy and whether the
powered-lift will take on water or float
for a longer period of time after ditching
is unknown. The FAA does not have the
historical data on these new aircraft
designs to assert that the positive
buoyancy characteristics and the
potential to float for a longer period of
time—characteristics of airplane
designs—will exist in powered-lift.
Therefore, the FAA proposes to address
powered-lift as helicopters for the
purpose of over water operations.
Further because some-powered lift
may be capable of operations beyond 50
NM of the shoreline or an off-shore
heliport structure and are able to
conduct takeoff and landing operations
similar to helicopters, the FAA proposes
to apply to powered-lift, the helicopterspecific definition in § 1.1 of extended
over-water operations. This means if a
powered-lift conducts an operation
beyond 50 NM of the shoreline or an offshore heliport structure, then it would
be conducting an extended overwater
operation and would be required to
conduct the briefing required by
§ 135.117(a)(6).
Additionally, the FAA anticipates
powered-lift may be designed to autorotate or glide to a landing. Accordingly,
the FAA proposes in § 194.308(b) to
apply the briefing requirement of
§ 135.117(a)(9) to powered-lift that are
conducting operations beyond the autorotational distance or gliding distance
from the shoreline. This will ensure the
use of life preservers, ditching
procedures and emergency exits, and if
applicable, the location and use of life
rafts and other life preserver devices
have been briefed if a powered-lift
ditches.
ii. Subpart C: Aircraft and Equipment
Section 135.160 requires radio
altimeters for all rotorcraft operations
conducted under part 135. The FAA
determined that radio altimeters are an
important safety device designed to
inform the pilot of the aircraft’s actual
height above the surface.387 Radio
altimeters are valuable safety tools. For
example, they provide additional
situational awareness during an
inadvertent encounter with IMC as well
as additional situational awareness after
387 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9938 (Feb. 21, 2014).
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encounters with brownout,388
whiteout,389 or other situations where
vision is suddenly limited, and pilots
lose their reference to the horizon and
the ground. Additionally, radio
altimeters can greatly improve a pilot’s
awareness of height above the ground
during hover, landing in unimproved
landing zones, and landings in confined
areas where a more vertical approach
may be required.390
The FAA foresees powered-lift being
utilized in similar operational locations
to rotorcraft, such as takeoff and landing
operations to and from unimproved
landing zones, including off-airport
operations. This means that these
aircraft could encounter many of the
same hazardous issues, such as flat
light,391 whiteout, and brownout, which
helicopters conducting part 135
operations can encounter. In addition,
during inadvertent encounters with
IMC, a radio altimeter can also provide
additional situational awareness to the
pilot. In order to establish a level of
safety comparable to current rotorcraft
operations under part 135, the FAA
proposes in § 194.308(c) to require
persons operating powered-lift to
comply with the radio altimeter
requirements of § 135.160.392 As
permitted for rotorcraft that must
comply with § 135.160(a), the FAA also
proposes to allow persons operating
powered-lift with a maximum takeoff
weight no greater than 2,950 pounds,
the ability to apply for a deviation from
the radio altimeter requirements in
accordance with § 135.160(b).
Section 135.163 outlines the
equipment requirements for all aircraft
carrying passengers under IFR. The
intent of § 135.163(g) is to ensure an
adequate level of safety for multi-engine
aircraft carrying passengers under IFR in
the event that an engine fails resulting
in an accompanying loss of electrical
generation on that engine. By requiring
the second power source to be on a
388 The Aeronautical Information Manual
describes brownout as an in-flight visibility
restriction due to dust or sand in the air. In a
brownout, the pilot cannot see nearby objects which
provide the outside visual references necessary to
control the aircraft near the ground.
389 The Aeronautical Information Manual
describes white out as occurring when a person
becomes engulfed in a uniformly white glow. The
glow is a result of being surrounded by blowing
snow, dust, sand, mud or water.
390 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9931 (Feb. 21, 2014).
391 The Aeronautical Information Manual
describes Flat Light as an optical illusion that
causes pilots to lose their depth of field and
contrast in vision.
392 A–02–35 NTSB recommendation to
incorporate radio altimeters for passenger carrying
operations.
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separate engine, an engine failure
during IMC does not become a
compound emergency of engine failure
and electrical failure simultaneously.
Section 135.163(g) contains an
exception for multi-engine helicopters
that states the two required generators
may be mounted on the main rotor drive
train and a loss of one powerplant will
not affect both generators since they are
on a common drive train. Section
135.163 currently applies to poweredlift as written. The FAA proposes in
§ 194.308(d) to allow powered-lift to
utilize the exception for helicopters
contained in § 135.163(g) when that
powered-lift is equipped with a rotor
system drivetrain that is driven by two
separate powerplants and able to run
the two required generators because,
just as for rotorcraft, the loss of one
powerplant would not affect both
generators.
Part 135 contains requirements for
emergency equipment for both extended
overwater and rotorcraft overwater
operations. Specifically, § 135.167
details the requirements for all aircraft
conducting extended overwater
operations, and § 135.168 details the
requirements for rotorcraft overwater
operations. Section 135.167 requires life
preservers be easily accessible to each
seated occupant in an aircraft, subject to
a limited exception during an air
ambulance operation. Section 135.168
requires life preservers be worn by
occupants in rotorcraft in overwater
operations. In § 135.167, an emergency
locator transmitter (ELT) must be
attached to a required life raft, while
§ 135.168 requires the aircraft to carry
an approved and installed ELT because
there is no requirement to carry a life
raft.
Airplanes are designed with certain
features that enable them to float for a
period of time after ditching, such as
doors above the waterline, partially
empty fuel tanks, and in some airplanes,
pressurized cabins with closeable
outflow valves. Due to powered-lift
being a new entrant into the civilian
marketplace, the FAA does not have the
historical data to assert that these
positive buoyancy characteristics of
airplanes will exist in powered-lift.
Accordingly, the FAA proposes to apply
§ 194.308(e) to § 135.168 (that pertains
to rotorcraft) to powered-lift. If the
powered-lift is operating overwater
beyond the gliding or autorotational
distance of the shoreline then life
preservers must be provided and worn
by each occupant.
In developing this proposal, the FAA
considered the 2010 notice of proposed
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rulemaking (NPRM),393 which proposed
the requirement for helicopters operated
beyond the autorotational distance from
shore to be equipped with electronically
deployable or externally mounted life
rafts. In the 2014 final rule,394 the FAA
removed that proposed life raft
requirement, reasoning that the cost of
equipping helicopters with life rafts
would not be justified by an increase in
the survivability of accidents. The FAA
stated that there are relatively few
accidents beyond autorotational
distance from the shoreline. Among the
accidents identified, few qualify as
survivable, and of the survivable
accidents, the requirement to wear life
preservers would generate the greatest
likelihood of surviving in the water.395
The FAA anticipates powered-lift
operated overwater will have a
survivability sequence (sequence of
events which occur upon impact with
the water) more similar to rotorcraft
than airplanes and that the donning of
life preservers would provide for the
greatest likelihood of surviving in the
water versus requiring the carriage of a
life raft whenever powered-lift are
conducting overwater operations
beyond gliding and/or autorotational
distance from the shoreline.
Additionally, the ELT requirements of
§ 135.168 are appropriate for poweredlift because there is no life raft
requirement except during extended
overwater operations. This will ensure
that all powered-lift that conduct
operations beyond the gliding distance
or the autorotational distance from the
shoreline will have the added safety
benefit of rescue locating by the
signaling device.
Section 135.181 details performance
requirements for all aircraft operated
over-the-top 396 or in IFR conditions.
This section also contains a provision,
in § 135.181(b), that is specific to
multiengine helicopters carrying
passengers in the offshore environment
and that allows these helicopters to
conduct certain operations over-the-top
or in IFR conditions. The FAA asserted
that the provision contained in
§ 135.181(b) was in the public interest to
allow this specific performance
requirement for multiengine helicopters
conducting passenger carrying
393 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations; Safety Initiatives and
Miscellaneous Amendments, 75 FR 62639 (Oct. 12,
2010).
394 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9931 (Feb. 21, 2014).
395 Id. at 9973.
396 Over-the-top means above the layer of clouds
or other obscuring phenomena forming the ceiling.
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39043
operations offshore as such operations
support exploration and development of
energy supplies, and provided economic
relief to those operators by allowing
better utilization of the existing fleet
without compromising safety.397 The
FAA anticipates that powered-lift could
also be used in conducting offshore
passenger operations that are currently
provided by multiengine helicopters.
The FAA notes that all powered-lift
with the possibility of being operated in
civil operations will be multi-engine;
accordingly, the FAA proposes in
§ 194.308(f) to apply § 135.181(b) to all
powered-lift. The FAA anticipates a
powered-lift that is able to meet the
performance requirements of
§ 135.181(b) would be providing the
same level of safety established for
helicopters using the same rationale that
helicopters were afforded with this
exception when operating in the
offshore environment. This exception
would provide the same economic relief
to powered-lift operators as that
experienced by helicopter operators.
Section 135.183 provides the
performance requirements for land
aircraft to operate over water. The basic
premise for this regulation is that a land
aircraft must be operated in such a way
as to keep the aircraft out of the water.
Paragraph (a) requires that any aircraft
operate at an altitude that allows it to
reach land in the event of an engine
failure. Paragraph (b) allows overwater
operations strictly limited to only
takeoff and landing operations.
Paragraph (c) requires a multiengine
aircraft to be able to climb with its
critical engine inoperative at least 50
feet a minute at 1000 feet above the
surface. Paragraph (d) allows helicopters
the option of installing floats if they are
unable to meet the requirements of
paragraph (a) or (c). With the exception
of paragraph (d), powered-lift operations
over water must comply with the
provisions of § 135.183, because it
references aircraft. In 1973, the FAA
added paragraph (d) for helicopters
equipped with flotation devices.398 The
FAA determined that helicopters could
be operated safely beyond land in the
case of an engine failure as long as the
helicopter was equipped with flotation
devices, even if they did not meet the
requirements in paragraph (a) or (c).399
The FAA anticipates that powered-lift
may be utilized in the same fashion as
helicopters carrying passengers over
397 Rotorcraft Regulatory Review Program Notice
No. 5, 50 FR 10165 (Mar. 13, 1985).
398 Helicopter Use Over Water, 38 FR 12906 (May
17, 1973) (amending § 135.147, which contained the
requirements in § 135.183 prior to the recodification
in 1978).
399 Id.
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ddrumheller on DSK120RN23PROD with PROPOSALS2
water. The FAA is uncertain if poweredlift will be equipped with floats;
however, the FAA expects that a
powered-lift that is equipped with
floatation devices through an FAA
certification process will provide the
same level of safety that is currently
extended to helicopters because the
FAA anticipates that a powered-lift with
floats would land similarly to a floatequipped helicopter. Accordingly, the
FAA proposes in § 194.308(g) to allow
powered-lift to utilize the exception
contained in paragraph (d) if the
powered-lift is unable to meet the
requirements of paragraph (a) or (c).
iii. Subpart D: VFR/IFR Operating
Limitations and Weather Requirements
Section 135.207, which outlines
helicopter surface reference
requirements under VFR, was originally
promulgated in 1958 and at a time when
helicopters were not widely equipped
with gyroscopic flight instruments.400
This rule has remained unchanged
throughout the years leaving its
application, in this case, to be somewhat
inappropriate due to the advances in
technology of many aircraft since its
inception. Much research has also
occurred in the science of human factors
associated with flying at night in
reference to objects on the surface or on
the horizon. This section specifically
omitted airplanes at the time of
publication because airplanes were
more widely equipped with the
adequate instrumentation needed to
maintain a pilot’s situational
awareness.401 The FAA anticipates that
powered-lift will be equipped with
advanced technologies and flight
instrumentation that would provide
adequate situational awareness as well
as an ability to maintain positive control
of an aircraft in lower light and
visibility situations. However, some
powered-lift could be manufactured
without gyroscopic flight instruments.
To ensure the pilot can safely control
the aircraft, the FAA proposes in
§ 194.308(h) that this section only apply
to powered-lift that do not have the
flight instrumentation listed in
§ 135.159 installed and operable.
Section 135.227(d) prohibits
helicopters from flying under IFR into
known or forecast icing conditions or
under VFR into known icing conditions
unless the helicopter is type certificated
and appropriately equipped for
operations in icing conditions. A
400 Part
46—Scheduled Air Carrier Helicopter
Certification and Operation Rules, 23 FR 2265 (Apr.
8, 1958).
401 Part 46—Scheduled Air Carrier Helicopter
Certification and Operation Rules, 23 FR 2264 (Apr.
8, 1958).
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powered-lift should also be prohibited
from operating in certain icing
conditions unless it is type certificated
and appropriately equipped for
operations in such conditions. This
requirement will ensure those aircraft
can safely operate in icing conditions
because they are appropriately
certificated and equipped with the
proper equipment. Section 135.227(c)(2)
and (3), which are applicable to
airplanes, are similar to § 135.227(d) in
that those provisions require the aircraft
to meet certain airworthiness standards
in order to operate in certain icing
conditions. However, § 135.227(d) is
appropriate to apply to powered-lift
because the airworthiness requirements
are less specific, which makes this
paragraph more suited to the § 21.17(b)
certification process that powered-lift
comply with, which is appropriate as
the FAA gathers more information about
powered-lift operations in icing
conditions. Therefore, the FAA
proposes in § 194.308(i) to apply
§ 135.227(d) to powered-lift that are
type certificated and appropriately
equipped for operations in icing
conditions. Operations in icing
conditions are discussed more
extensively in VI.D.2.v regarding
airplane rules and weather
requirements.
Section 135.229 provides the airport
requirements that apply to all aircraft
with the exception of paragraph
(b)(2)(ii) in which helicopters are also
allowed to use reflective material.402
The landing lights on helicopters are
generally oriented so that they shine at
an angle approximate to a normal
approach angle used by helicopters.
This negates the need for the landing
area to be lit up with runway lights and
permits the helicopter pilot to easily
pick out and maintain a safe approach
angle to an area marked by reflective
material. The FAA expects that, since
powered-lift are capable of a vertical
takeoff or landing, they could be
equipped with landing lights oriented in
a direction that enables the pilot to see
a landing area marked by reflective
material. Accordingly, the FAA
determined that for powered-lift that are
conducting a vertical takeoff or landing
and that are equipped with landing
lights oriented in a direction that
enables the pilot to see the takeoff or
landing area marked by reflective
material, then powered-lift may use that
reflective material that a helicopter is
permitted by § 135.229(b)(2)(ii). If
conducting a takeoff or landing roll
using wing-born lift, a powered-lift must
402 Miscellaneous Amendments, 29 FR 2988 (Mar.
5, 1964).
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takeoff or land at an airport with
boundary or runway marker lights, as
set forth in § 135.229(b)(2)(i). The FAA
proposes in § 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.
iv. Subpart F: Crewmember Flight Time
and Duty Period Limitations and Rest
Requirements
Subpart F details crewmember flight
time, duty period limitations, and rest
requirements. These sections are
applicable to scheduled and
unscheduled operations regardless of
the type of aircraft with the exception of
§ 135.271, Helicopter Hospital
Emergency Medical Evacuation Services
(HEMES). The FAA has noted
previously that it uses the terms
helicopter air ambulance (HAA) and
HEMES interchangeably.403 Section
135.271 requires different rest and duty
requirements for HAA operations
conducted from a hospital, and in order
to assure that a helicopter pilot is
adequately rested, there is a requirement
to have an approved place of rest at or
in close proximity to the hospital where
the helicopter is based. The FAA stated
in the NPRM for § 135.271 that air
ambulance operations are of undoubted
social benefit and proven safety, and
that the FAA has been issuing
exemptions for these operations for
several years and is satisfied that they
are safe.404
Since powered-lift are able to conduct
vertical takeoffs and landings, they
could be based at a hospital heliport.
Therefore, the FAA anticipates
powered-lift operators will be able to
conduct HAA operations that are subject
to the requirements of § 135.271.
Operators that have a powered-lift based
at a hospital should be allowed to use
the rest and duty rules permitted by this
section, just as current helicopter
operators are permitted. The FAA
applies this provision to all HAA
instead of using the term HEMES for
maximum clarity going forward with
respect to which operations these
limitations are applicable to. This
determination is consistent with the
preamble accompanying
403 National Policy regarding Helicopter Air
Ambulance Operations, available at https://
www.faa.gov/documentLibrary/media/Notice/N_
8900.509.pdf.
404 Flight Time Limitations and Rest
Requirements for Flight Crewmembers, 49 FR
12136, 12141 (Mar. 28, 1984).
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implementation of this provision, which
indicates it was intended to apply to all
HAA.405 Therefore, the FAA proposes in
§ 194.308(k) that § 135.271 apply to
powered-lift conducting HAA
operations in accordance with subpart L
of part 135.
v. Subpart J: Maintenance, Preventative
Maintenance, and Alterations
Section 135.429 applies to all aircraft,
except for paragraph (d) which states
that the FAA may approve procedures
for the performance of required
inspection items by a pilot of a
rotorcraft that operates in remote areas
or sites. The pilot may perform the
inspection items, with certain
limitations, when no other qualified
personnel are available and a
mechanical interruption occurs. The
FAA expects a pilot who is trained
under the requirements of § 135.429(d)
would provide the same level of
competency as a certificated
mechanic.406 The rule is intended to
allow a certificate holder the
opportunity to establish a preventive
maintenance process for when a
mechanical interruption occurs in a
remote area or site. The inspection must
be accomplished under the direct
control of the certificate holder’s
maintenance program. Because
powered-lift may take off and land like
a rotorcraft, some powered-lift may
operate in remote areas or sites.
Consequently powered-lift used in such
operations experience the same
challenges that exist for rotorcraft when
an unscheduled mechanical
interruption occurs. Therefore, the FAA
proposes in § 194.308(l) to apply
§ 135.429(d) to powered-lift that operate
in remote areas or sites.
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vi. Subpart L: Helicopter Air Ambulance
Equipment, Operations, and Training
Requirements
Helicopter air ambulance operations
must comply with subpart L of part 135
in addition to other requirements of this
part. Since subpart L became effective,
significant decreases in HAA fatalities
have occurred, further justifying the
positive impact on the safety benefit of
these requirements. Since powered-lift
405 See, e.g., Helicopter Air AMBULANCE,
commercial Helicopter, and Part 91 Helicopter
Operations, 79 FR 9944 (Feb. 21, 2014), which
states: ‘‘As established by this rule, all helicopter
air ambulance operations with medical personnel or
patients on board must be conducted under part
135. The provisions of §§ 135.267 and 135.271
would therefore apply to the helicopter air
ambulance operations previously conducted under
part 91’’.
406 See Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance;
Final Rule, 51 FR 40692 (Nov. 7, 1986).
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can operate similar to a helicopter
during the critical phases of flight of
takeoff and landing, and to ensure the
higher level of safety that is afforded to
medical personnel aboard those aircraft,
the FAA proposes powered-lift
conducting air ambulance operations
will be required to comply with subpart
L. Moreover, § 135.1 outlines the
applicability of part 135, and
§ 135.1(a)(9) lists HAA operations as
defined in § 135.601(b)(1). Because the
FAA proposes that subpart L apply to
powered-lift, it also proposes in
§ 194.308(a) that § 135.1(a)(9) apply to
powered-lift conducting air ambulance
operations.
The FAA anticipates that operators
utilizing powered-lift for air ambulance
activities will present a new dynamic
because these aircraft can be operated
like an airplane and a helicopter. The
FAA currently differentiates between
airplane air ambulance operations and
HAA operations including the required
equipment, weather minimums,
required risk analysis, flight monitoring,
and the authorizing document issued to
the operator.407 As provided in the
preamble to the final rule implementing
subpart L, helicopter air ambulance
operations are conducted under unique
conditions.408 Such flights are often
time sensitive and operate at low
altitudes and under varied weather
conditions. They must often land at
unfamiliar, remote, or unimproved sites
with hazards like trees, buildings,
towers, wires, and uneven terrain.
Patients being transported often do not
have a choice between operator or mode
of transportation. For these reasons, the
FAA established more stringent safety
regulations applicable to HAA
operations which include weather
minimums and visibility requirements,
as well as mandating flight planning,
preflight risk analyses, safety briefings
for medical personnel, and the
establishment of operations control
centers (OCC) for certain operators to
help with risk management and flight
monitoring. The rule also includes
provisions to encourage instrument
flight rules (IFR) operations. It requires
helicopter air ambulances to be
equipped with both helicopter terrain
awareness and warning systems
(HTAWS) (the HTAWS will warn pilots
407 Air ambulance operations conducted in an
airplane are approved through issuance of
Operations Specification A024, while air
ambulance conducted in a helicopter are approved
through issuance of A021. When the type of
operation is proposed in powered-lift, the FAA will
issue the appropriate operations specification.
408 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9931 (Feb. 21, 2014).
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about obstacles in their flight path), and
flight data monitoring systems. Finally,
helicopter air ambulance pilots are
required to hold instrument ratings.409
The FAA anticipates that powered-lift
be used in air ambulance operations
would likely complete operations
similar to those currently conducted by
helicopters and thus also be likely to
encounter circumstances similar to
helicopters in air ambulance operations.
Powered-lift conducting air ambulance
operations should be afforded the same
level of safety as HAA operations, and
the rules contained in subpart L will
provide this level of safety. Accordingly,
the FAA proposes in § 194.308(m) that
the applicability and definitions section
of subpart L also apply to powered-lift.
The FAA conducted an analysis of the
sections in subpart L versus those
contained throughout subparts A
through J to determine if any changes in
subpart L were required for continuity
with the proposed powered-lift SFAR,
and to ensure there was no conflict in
applying these rules when air
ambulance operations are conducted in
a powered-lift. This analysis and
applicability of subpart L are described
in the following paragraphs.
Section 135.154 requires terrain
awareness and warning systems (TAWS)
in airplanes with a passenger seat
configuration of 6 to 9 passengers, while
§ 135.605 requires helicopter terrain
awareness and warning system
(HTAWS) equipment for all helicopters
used in HAA operations, regardless of
passenger seat configuration. This
difference in requirements is based
upon the different flight characteristics
and the operating environment in which
these aircraft operate, such as speed,
maneuverability, and the altitudes at
which they normally operate.
As previously discussed, powered-lift
are capable of flight similar to both
airplanes and helicopters.
Consequently, individually the current
TAWS and HTAWS are not a complete
solution for powered-lift due to each
equipment’s capabilities and
limitations. In the subsequent preamble
discussion regarding the applicability of
TAWS to airplanes, the FAA explains
its determination that HTAWs or an
FAA approved TAWS A/HTAWS
hybrid system rather than an airplanespecific TAWS, is appropriate for
powered-lift having a passenger seating
configuration, excluding any pilot seat,
of 6 or more. See proposed § 194.307(q).
Consistent with proposed § 194.307(q),
for powered-lift operating under subpart
409 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9931 (Feb. 21, 2014).
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L, the FAA is proposing to allow a
hybrid system in a powered-lift that
utilizes the features of a TAWS A
system for wing-borne flight and
HTAWS for vertical flight modes of
operation for compliance with
§ 135.605. Without a TAWS A/HTAWS
hybrid system, the FAA determined that
the current HTAWS specification would
provide the best level of safety without
an undue number of nuisance warnings.
The FAA proposes in § 194.308(o) that
any powered-lift that is used in air
ambulance operations as defined
§ 135.601, modified by the proposed
SFAR, be equipped with HTAWS,
unless equipped with an FAA approved
TAWS A/HTAWS hybrid system, in
accordance with § 135.605.
Section 135.603 requires the PIC of a
helicopter air ambulance operation to
meet the requirements of § 135.243 and
to hold either a helicopter instrument
rating or an ATP certificate with a
category and class rating for that
aircraft, not limited to VFR. It is equally
important for PICs of powered-lift air
ambulance operations to meet the
requirements set forth in this section. In
the NPRM implementing updated
requirements for helicopter air
ambulance operations, the FAA
explained that inadvertent flight into
IMC is a common factor in helicopter air
ambulance accidents. In general, many
accidents result when pilots who lack
the necessary skills or equipment to fly
in marginal VMC or IMC attempt flight
without outside references. The
proposal was intended to ensure that
helicopter air ambulance pilots are
equipped to handle these situations and
extract themselves from these dangerous
situations. A pilot who receives the
more extensive training on navigating a
helicopter solely by reference to
instruments provided by obtaining an
instrument rating is better able to
maintain situational awareness and
maneuver the helicopter into a safe
environment than a pilot without an
instrument rating.410
These concerns regarding inadvertent
flight into IMC would be equally
applicable for PICs of powered-lift.
Accordingly, the FAA proposes in
§ 194.308(n) that these requirements
also apply for powered-lift operations
occurring under subpart L. For further
discussion of proposed amendments to
§ 135.243, please see section I.5.i. of this
preamble.
The FAA also determined that it
would be appropriate to apply the
requirement set forth in § 135.607 for a
helicopter to have for flight data
monitoring system capable of recording
flight performance data to powered-lift
conducting air ambulance operations.
The FAA has not identified any reason
to differentiate between helicopters and
powered-lift conducting air ambulance
operations for purposes of compliance
with this requirement, as it would be
equally important for powered-lift to
record flight performance data in the
dynamic environment contemplated by
subpart L. Accordingly, the FAA
proposes this requirement be applicable
to powered-lift in § 194.308(p).
Section 135.609(a) specifies the
minimum ceiling and visibility
requirements for conducting VFR
helicopter air ambulance operations in
Class G airspace. Those requirements
are broken down into day or night,
mountainous or non-mountainous, and
local or non-local flying areas. Section
135.601(b)(3) defines mountainous areas
as those designated under part 95 of
chapter I. Part 95 contains maps and the
latitude and longitude coordinates
depicting the mountainous areas of the
eastern and western United States as
well as Alaska, Hawaii, and Puerto Rico.
Section 135.601(b)(4) defines nonmountainous areas as areas other than
the mountainous areas listed in part 95.
In addition, § 135.609(b) explains that a
certificate holder may designate local
flying areas in a manner acceptable to
the Administrator that must (1) not
exceed 50 NM in any direction from
each designated location; (2) take into
account obstacles and terrain features
that are easily identifiable by the pilot
in command (PIC) and from which the
PIC may visually determine a position;
and (3) take into account the operating
environment and capabilities of the
certificate holder’s helicopters.
The FAA established the minimums
under § 135.609(a), which are more
stringent than the VFR visibility
requirements of § 135.205 for
helicopters, because the FAA believed
that all flight operations conducted
under VFR in helicopter air ambulance
operations should comply with more
stringent weather requirements. They
also asserted these ceiling and visibility
requirements would be an effective
method of increasing safety in
helicopter air ambulance operations.411
For powered-lift, the FAA evaluated the
VFR minimum altitudes, required
visibility, and distance from cloud
requirements for airplanes as contained
in §§ 135.203 (VFR minimum altitudes),
135.205 (VFR visibility requirements),
and 91.155 (distance from cloud
requirements) and applied these
airplane minimums to the table
contained in § 135.609(a) which
resulted in minimums that are most
closely aligned with the FAA’s intent of
applying the ceiling and visibility
requirements of airplanes to poweredlift.
A powered-lift may takeoff and land
vertically and can therefore access the
same locations that a HAA aircraft can,
thus making it suitable to conduct these
kinds of operations; however, the
powered-lift can be much different than
a helicopter in cruise flight, where the
powered-lift—during wing-born flight
mode—is anticipated to operate more
like an airplane. These operating
differences include higher airspeeds,
which require more distance to see and
avoid obstacles and terrain, and more
airspace to conduct maneuvering. Speed
and maneuverability also play a role in
the ability of a powered-lift operating
with a cloud layer to avoid objects,
including other aircraft, that come out of
the clouds. Additionally, these
characteristics may limit the ability of a
powered-lift to conduct an emergency
landing into the same areas a helicopter
might use. This can be predicated on the
time it takes the powered-lift to
transition to VTOL or even its inability
to use VTOL with certain failures,
causing it to operate more like an
airplane in this respect.
As a result of the foregoing, the FAA
determined powered-lift should be
operated at a higher minimum when
operating at night than what is currently
required under § 135.609 for
helicopters. The proposed requirements
for powered-lift are identical to the
helicopter requirements in the
§ 135.609(a) table for daytime
operations, but the ceiling increases for
nighttime operations to help create a
safer operating environment for
powered-lift. Finally, the FAA notes
that the table in § 135.609(a) contains
two columns for night operations: one
column for ‘‘night’’ operations and
another column for ‘‘night using an
approved NVIS or HTAWS’’ operations.
Because HTAWS are now required, the
‘‘night’’ column requirements are no
longer relevant and have been phased
out. The FAA proposes in § 194.308(q)
that powered-lift comply with the
minimum ceiling and visibility
requirements for VFR air ambulance
410 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations; Safety Initiatives and
Miscellaneous Amendments, 75 FR 62639 (October
12, 2010).
411 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations; Safety Initiatives and
Miscellaneous Amendments, NPRM, 75 FR 62649
(Oct. 12, 2010).
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operations in Class G airspace as
described in the following table (Table
10):
TABLE 10—PROPOSED VFR AIR AMBULANCE MINIMUMS IN CLASS G AIRSPACE
Day
Night
Location
Ceiling
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Non-mountainous Local Flying Areas .............................................................
Non-mountainous Non-Local Flying Areas ......................................................
Mountainous Local Flying Areas .....................................................................
Mountainous Non-Local Flying Areas .............................................................
In addition, the FAA proposes
§ 135.609(b) apply to certificate holders
operating powered-lift in air ambulance
operations so that they may designate
local flying areas that meet the
requirements of paragraphs (b)(1)
through (3). Weather minimums are less
stringent in local flying areas because of
pilots’ increased familiarity with
obstacles and the operating
environment.412 The FAA expects that
powered-lift pilots conducting air
ambulance operations will have the
same familiarity with local obstacles
and the operating environment.
Section 135.611 sets forth
requirements for HAA IFR operations at
locations without weather reporting.
The FAA evaluated the provisions of
this section and determined that it
would be appropriate to provide the
ability for authorization for IFR
operations of powered-lift at airports
with an instrument approach procedure
and where a weather report is not
available. This provision would only be
able to be utilized by powered-lift
operating under subpart L that are
certified for IFR operations and that
receive an additional authorization from
the Administrator. The FAA proposes
the applicability of this section in
§ 194.308(r).
Section 135.613 details the ceiling
and visibility requirements for approach
and departure IFR transitions for HAA
operations. This rule was codified to
establish weather minimums for HAA
that are using an instrument approach
and are now transitioning to visual
flight for landing. It also permits VFR to
IFR transitions for departures if the pilot
has filed an IFR flight plan and will
obtain an IFR clearance within 3 NM of
the departure location and the pilot
departs following an FAA-approved
obstacle departure procedure. This
section is intended to encourage IFR
operations because of the safety benefits
associated with flights conducted under
IFR. Section 135.613(a) establishes the
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FT
FT
FT
FT
requirements when conducting an
authorized instrument approach and
transitioning from IFR to VFR flight.
Section 135.613(a)(1) requires a flight
visibility of 1 statute mile (SM) and a
ceiling based upon the minimums
published on the approach chart. This is
applicable for Point-in-Space (PinS)
Copter Instrument approaches that are
annotated with a ‘‘Proceed VFR’’
segment, and the distance from the
missed approach point to the landing
area is 1 NM or less. The FAA proposes
in § 194.308(s)(1) that § 135.613(a)(1)
only apply to powered-lift that are
equipped and certified to conduct these
PinS approaches.
Section 135.613(a)(2) specifies the
minimum ceiling and visibility
requirements for all instrument
approaches if the missed approach point
to the landing area is 3 NM or less.
These minimum ceiling and visibility
requirements are also applicable to PinS
approaches which contain a ‘‘Proceed
VFR’’ segment where the missed
approach point to the landing area is
greater than 1 NM but no greater than
3 NM. The FAA noted in the Helicopter
Air Ambulance, Commercial Helicopter,
and Part 91 Helicopter Operations final
rule that in most cases the rule permits
flight under less restrictive weather
minimums than are currently allowed
for cruise flight in uncontrolled
airspace.413 The ceiling requirement of
§ 135.613(a)(2) is less restrictive than
that required by § 135.609(a), and the
visibility requirement is generally less
restrictive than § 135.609(a) as well. In
the Helicopter Air Ambulance final rule,
when discussing permitting less
restrictive ceilings and visibilities, the
FAA stated that obstacles in the vicinity
of an instrument approach are flightchecked and marked on instrument
approach charts. It is less likely that
pilots would encounter unexpected
obstacles when following an instrument
approach chart.414
413 Helicopter
412 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, 79
FR 9931 (Feb. 21, 2014).
800
800
800
1,000
Visibility
Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, Final
Rule, 79 FR 9946 (Feb. 21, 2014).
414 Id.
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2
3
3
3
Ceiling
SM
SM
SM
SM
1,500
1,500
2,500
2,500
Visibility
FT
FT
FT
FT
3
3
3
5
SM
SM
SM
SM
The minimums currently prescribed
for helicopters in § 135.613(a)(2)(i) and
(ii) would not allow a powered-lift to
maintain an acceptable level of obstacle
and cloud clearances when conducting
VFR transitions to landing areas because
of the anticipated time it will take to
transition from cruise flight to VTOL
landing, as well as speed, distance
required to maneuver, and autopilot
usage. Airplanes are not able to use
reduced VFR weather minimums when
conducting these types of maneuvers
and applying these minimums is
consistent with the FAA’s previous
determination to require powered-lift to
use airplane weather minimums under
part 91 as previously discussed in this
NPRM. Therefore, the FAA proposes in
§ 194.308(s)(2) that a 1,000-foot ceiling
and 2 SM visibility for powered-lift day
operations and a 1,500-foot ceiling and
3 SM visibility for powered-lift night
operations.
Section 135.613(b) addresses the
departure minimums required for
transitions from VFR to IFR. Since the
FAA proposes that powered-lift will be
required to use alternate powered-lift
minimums for § 135.613(a), the FAA
proposes in § 194.308(s)(3) powered-lift
use those same minimums for
§ 135.613(b)(1) as well.
Section 135.615(a) requires helicopter
air ambulance pilots to perform preflight planning to determine the
minimum safe cruise altitude and to
identify and document the highest
obstacle along the planned en route
phase of flight prior to conducting VFR
operations. The pilot would use this
minimum safe cruise altitude when
determining the minimum required
ceiling and visibility for the planned
flight. This rule is intended to prevent
obstacle collisions by requiring pilots to
be aware of the terrain and highest
obstacles along a planned route.415
415 Air Ambulance and Commercial Helicopter
Operations, Part 91 Helicopter Operations, and Part
135 Aircraft Operations, Safety Initiatives and
Miscellaneous Amendments, 75 FR 62640, 62651
(Oct. 12, 2010).
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The FAA anticipates many poweredlift, other than necessary for takeoff and
landing, in order to gain efficiencies in
speed and range, will prefer to utilize
wing-borne flight as long as practical.
Since powered-lift will likely operate
similar to an airplane in cruise flight,
they will require more time and
distance to make corrections to their
flightpath to avoid other aircraft and
obstacles. As a result, the FAA analyzed
whether applying the minimums under
§ 135.203(a) would be more appropriate
for powered-lift conducting HAA
operations than the minimums outlined
under § 135.615. Section 135.203(a)
specifies the VFR minimum altitudes for
airplane operations. Specifically,
§ 135.203(a)(1) requires an airplane be
operated during the day, at least 500 feet
above the surface or no less than 500
feet horizontally from any obstacle.
Additionally, § 135.203(a)(2) requires an
airplane be operated at night at an
altitude at least 1,000 feet above the
highest obstacle within a horizontal
distance of 5 miles from the course
intended to be flown or, in designated
mountainous terrain, at least 2,000 feet
above the highest obstacle within a
horizontal distance of 5 miles from the
course intended to be flown. The FAA
considered the similarities between
airplanes and powered-lift using wingborne lift during the cruise portions of
flight and asserts that the airplane
requirements contained in
§ 135.203(a)(1) and (2) are more suited
for powered-lift than the helicopter
minimums in § 135.203(b). Accordingly,
the FAA proposes minimums for
powered-lift operating under subpart L
in § 194.308(t)(1).
Whereas § 135.203(b) requires no
minimum VFR altitude for helicopters,
except over congested areas where 300
feet above the surface is required,
helicopters used in air ambulance
operations are required to maintain
higher minimum VFR altitudes as
stipulated in § 135.615(b)(1) and (2).
Section 135.615(b)(1) and (2) require the
pilot in command of a helicopter to
ensure all terrain and obstacles along
the route of flight are cleared vertically
by no less than 300 feet during the day
and 500 feet at night when conducting
a VFR air ambulance operation.
A minimum altitude that clears all
terrain and obstacles along the route of
flight vertically by no less than the 500
feet during the day, and at night 1,000
feet, except in mountainous terrain
where 2,000 feet will provide a
sufficient distance from terrain and
obstacles to ensure the safe operation of
powered-lift conducting air ambulance
operations. The FAA proposes in
§ 194.308(t)(2) that to comply with the
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en route altitude requirements of
§ 135.615(b)(1) and (2), a powered-lift
conducting a VFR air ambulance
operation clear all terrain and obstacles
along the route of flight vertically by the
minimum altitudes and horizontal
distances specified in § 135.203(a)(1)
and (2). Similarly, the FAA proposes the
pilot in command of a powered-lift use
the minimum altitudes specified in
§ 135.203(a)(1) and (2) when making the
determinations required by
§ 135.615(a)(3).
The FAA also proposes in
§ 194.308(u) that the pre-flight risk
analysis requirements contained in
§ 135.617 apply to powered-lift. This
section details several items that must
be documented in the certificate
holder’s manual regarding pre-flight
considerations, such as human factors,
weathers, and other critical
considerations. The FAA imposed these
requirements for HAA because ‘‘the
FAA and the NTSB . . . identified
several accidents which may have been
prevented had a preflight risk analysis
been completed. The NTSB concluded
that ‘‘implementation of flight risk
evaluation before each mission would
enhance the safety of emergency
medical services operations.’’ 416 The
considerations that a certificate holder
is required to take into account for
helicopter operations are equally
important for operations of powered-lift
under subpart L.
Section 135.619 sets out the
requirements for an operations control
center. This regulation requires a
certificate holder who is authorized to
conduct HAA with 10 or more
helicopter air ambulances assigned to
the certificate holder’s operations
specifications to have an operations
control center. The FAA added the
requirement for operations control
centers with the initial codification of
Subpart L, stating the level of
operational complexity and
management detail required for safe
operations is greater for certificate
holders with 10 or more helicopter air
ambulances.417 The FAA determined
that operational complexity and
management detail required for safe
operations in the dynamic environment
envisaged by the air ambulance
operations conducted under Subpart L
is not limited to only helicopters, but
rather is dependent on the number of
aircraft authorized. Therefore, the FAA
416 Helicopter Air Ambulance, Commercial
Helicopter, and Part 91 Helicopter Operations, Final
Rule, 79 FR 9946 (Feb. 21, 2014), citing NTSB,
Special Investigation Report on Emergency Medical
Services Operations (NTSB/SIR–06/01) 4 (Jan. 25,
2006).
417 Id. at 62647.
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proposes in § 194.308(v) that any
operator utilizing helicopters, poweredlift, 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
§ 135.619.
The FAA also determined, as
proposed in § 194.308(w), that it would
be appropriate to apply the briefing
requirements contained in § 135.621 for
medical personnel to air ambulance
operations that occur in powered-lift.
The FAA determined that it would not
be appropriate to relieve powered-lift
operators from the briefing requirements
for medical personnel currently
required for helicopter operators, as
powered-lift will be operating in the
dynamic requirement envisaged by
subpart L.
2. Part 135 Airplane Rules Addressed in
This SFAR
The FAA analyzed the part 135
regulations and identified airplane rules
appropriate to powered-lift operations.
The FAA based this determination on
the ability of a powered-lift to operate
in a manner similar to airplanes.
Additionally, the FAA considered the
safety aspects of the rule, whether or not
powered-lift have similar operating and
performance characteristics to airplanes,
such as wing-borne flight, higher cruise
speeds and operational altitudes. The
FAA also considered the similarities
between airplanes and powered-lift in
areas such as takeoff and landing
capabilities using wing-borne lift,
maneuverability, range and operating
environment. In light of the proposed
changes to air carrier definitions in the
Update to Air Carrier Definitions NPRM,
which will affect the applicability of
this part, the FAA assumes, in this rule,
that all part 135 requirements applicable
to aircraft, generally, apply to poweredlift.
i. Subpart A: General
Subpart A prescribes requirements
regarding the applicability, manual
requirements, aircraft requirements, and
crewmember certificate requirements for
part 135. For those operators required to
have a manual, § 135.23 specifies the
required content for that manual. It is
essential for certificate holders of a
certain size to have a manual which sets
forth their procedures and policies to
ensure the safe operation of the aircraft
they use. The manual content
requirements of a Destination Airport
Analysis as specified in § 135.23(r) are
only required if the aircraft meets the
thresholds set forth by § 135.385, Large
Transport Category Airplanes: Turbine
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Engine Powered: Landing limitations:
Destination Airports, as specified for
large powered-lift in § 194.307(qq) and
(rr).
The FAA proposes in § 194.307(a) that
if the requirements of § 135.385 are
applicable to a specific powered-lift,
then all of the requirements of
§ 135.23(r), and in particular,
§ 135.23(r)(7) which currently only
applies to airplanes, would be
applicable as well. This proposal will
ensure that evaluation of any
inoperative equipment are included in
the Destination Airport Analysis, which
is equally important for powered-lift as
it would be for airplanes required to
comply with the performance
requirements of § 135.385. The FAA
expects that powered-lift inoperative
equipment would affect the analysis of
runway safety margins at destination
airports.
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ii. Subpart B: Flight Operations
Subpart B prescribes requirements for
flight operations under part 135. Section
135.93 details minimum altitudes for
use of an autopilot. This section is
applicable to all aircraft but contains
many references to an Airplane Flight
Manual (AFM) in multiple paragraphs
and, in paragraph (g) excepts rotorcraft
operations. The altitude requirements of
this section are in place to provide
pilots with sufficient altitude for
obstacle clearance taking into
consideration the reaction time needed
to disengage the autopilot and apply a
corrective action should an autopilot
malfunction occur.
An example of a particularly critical
autopilot malfunction is a hard-over,
which is when the autopilot pitch
control channel commands a full nosedown deflection of the pitch control
surfaces of the airplane. The FAA
anticipates that powered-lift will
conduct a majority of their autopilotcontrolled flight operations much like
an airplane (in wing-borne flight mode),
with the lift being primarily produced
by the wings providing a greater forward
velocity than a helicopter. The safety
measures of this rule, including any
autopilot related limitations contained
in the powered-lift’s flight manual, and
not the rotorcraft exception, should
continue to apply to powered-lift to
ensure the pilot has sufficient altitude to
recognize, react, and recover from an
autopilot induced malfunction. As a
result, the aircraft-generic autopilot
requirements in § 135.93(a) through (f)
apply to powered-lift, and the FAA
proposes in § 194.307(b) to apply the
requirements referencing the ‘‘Airplane’’
flight manual to powered-lift, as
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reflected in a powered-lift’s aircraft
flight manual.
Section 135.100 details flightcrew
member duties in relation to critical
phases of flight including all ground
operations involving taxi, takeoff and
landing, and all other flight operations
conducted below 10,000 feet, except
cruise flight. This rule was codified in
1981 for both parts 121 and 135
operations to improve safety by
reducing flightcrew member distractions
caused by non-safety related duties and
activities being conducted during
critical phases of flight.418 Regardless of
the type of aircraft and the type of
taxiing they do (i.e., ground taxi, hover
taxi), in order to maintain an equivalent
level of safety for all aircraft, including
powered-lift, conducting operations at
an airport, all movement of any aircraft
under its own power at an airport must
be done free of distraction from nonsafety related duties and activities.
In § 135.100, a note states that taxi is
defined as ‘‘movement of an airplane
under its own power on the surface of
an airport.’’ FAA ATC defines two
means of taxiing for helicopters as hover
taxi and air taxi.419 Upon review of this
regulation, the FAA determined that the
term taxi should not be limited to
airplanes and should be applicable to all
aircraft conducting taxi maneuvers at an
airport. The note at the time of this rule
did not conceptualize helicopters
taxiing on wheels on a taxiway as well
as a potential for powered-lift that might
also be able to taxi in this manner.
Powered-lift may have the design and
capability to taxi in a manner similar to
airplanes, helicopters, or both. The
intent of the rule is to provide for a
sterile cockpit during critical phases of
flight to improve safety by reducing
distractions, which is also applicable to
powered-lift operations. As a result, the
FAA proposes amending the definition
as a permanent change in § 135.100 to
replace the word ‘‘airplane’’ with
‘‘aircraft,’’ making the section applicable
to not only airplanes, but also
helicopters and powered-lift.
Section 135.128 regulates the use of
safety belts and child restraint systems.
This section requires that each person
onboard an aircraft operated under part
135 occupy an approved seat or berth
with a separate safety belt properly
secured about him or her during
movement on the surface, takeoff, and
landing. For seaplane and float
equipped rotorcraft operations during
418 Elimination of Duties and Activities of Flight
Crewmembers Not Required for the Safe Operation
of Aircraft, 46 FR 5502 (Jan. 19, 1981).
419 FAA Order 7110.65W (Dec. 10, 2015) Chapter
3, Section 11.
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movement on the surface, the person
pushing off the seaplane or rotorcraft
from the dock and the person mooring
the seaplane or rotorcraft at the dock are
excepted from the seating and safety
belt requirements.
In 1992 when the FAA published a
final rule 420 that revised § 135.128, it
indicated that it agreed with a comment
received regarding seaplane operations,
in that a pilot would be unable to moor
or launch a seaplane or a float equipped
rotorcraft, unless a pilot or passenger
has their safety belt or shoulder harness
unfastened so that they can vacate their
seat for the purpose of launching or
mooring the seaplane or float equipped
rotorcraft. The same exception should
also apply to a powered-lift that is
properly equipped to conduct
operations on water. The FAA proposes
in § 194.307(c) to apply the exception
delineated in § 135.128(a) to poweredlift pilots or passengers when the
powered-lift is operating like a seaplane
or a float equipped rotorcraft.
iii. Subpart C: Aircraft and Equipment
Subpart C prescribes requirements for
aircraft and associated equipment for
operations under part 135. Section
135.145 sets out the parameters and the
requirements for the Proving and
Validation Tests that must be
accomplished by a certificate holder.
Proving tests are necessary to evaluate
each certificate holder’s ability to
conduct operations safely and in
accordance with the applicable
regulations. Proving tests under
§ 135.145 consist of a demonstration of
the certificate holder’s ability to operate
and maintain certain aircraft new to the
operator’s fleet or the certificate holder’s
ability to conduct a particular kind of
operation. Additionally, it is each
certificate holder’s responsibility to
show that they can operate each of their
aircraft safely and in compliance with
the requirements of the regulations and
their procedures. Section 135.145(b)
requires that a certificate holder conduct
proving tests in a turbojet airplane if
they have not previously proved a
turbojet airplane. Powered-lift,
regardless of the powerplant, have
additional complexity due to their
design and operation and that these
features have not been available and
experienced by the civilian market to
date. To ensure powered-lift operate to
the highest level of safety in part 135,
the FAA is proposing in § 194.307(d)
that if a certificate holder has not
previously proven a powered-lift in
operations under part 135, they be
420 Miscellaneous Operational Amendments, 57
FR 42662 (Sep. 15, 1992).
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required to conduct at least 25 hours of
proving tests acceptable to the FAA as
detailed in § 135.145(b)(1) through (3).
The FAA requires validation testing
for certain authorizations, and for the
addition of certain aircraft that were
previously proved or validated but are
not of the same make or model, or of
similar design. The requirements of
§ 135.145(d)(2) through (4) are not
aircraft specific and would apply to an
operator utilizing powered-lift and
requesting authorization to conduct
these types of operations. Section
135.145(d)(1) requires validation tests
for the addition of an aircraft that
requires two pilots for flight in VFR
conditions, or turbojet airplanes. The
FAA proposes in § 194.307(e) that, for
the same reasons cited above for proving
tests, validation testing required by
§ 135.145(d)(1) apply to all powered-lift.
Therefore, the FAA proposes validation
testing be required when an operator
requests authorization to use a poweredlift, unless a powered-lift of the same
make or similar design has been
previously proved or validated by that
operator in operations under part 135.
In 1989, the FAA revised the
equipment requirements and moved
them into a new section, § 135.150,
which requires a public address and
crewmember interphone systems for
aircraft that have a passenger seating
configuration of more than 19,
excluding any pilot seat.421 The public
address system required by § 135.150(a)
is generic to all aircraft; however, under
paragraph (a)(7), transport category
airplanes manufactured on or after
November 27, 1990, must meet the
requirements of § 25.1423. The
crewmember interphone system
required by § 135.150(b) is also generic
to aircraft; however, for large turbojetpowered airplanes, they must meet the
additional requirements contained in
paragraph (b)(7). This section increases
airplane safety by facilitating the rapid
evacuation of passengers during
emergency conditions. Section 135.150
works in conjunction with § 25.1423,
which requires any public address (PA)
system that is required for use in air
carrier service to be powered by a
source that remains powered when the
aircraft is in flight or stopped on the
ground, after the shutdown or failure of
all engines and auxiliary power units, or
the disconnection or failure of all power
sources dependent on their continued
operation. Additionally, the PA system
must incorporate specific design
features, accessibility requirements, and
421 See Independent Power Source for Public
Address System in Transport Category Airplanes,
54 FR 43922 (Oct. 27, 1989).
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be able to operate for a specified period
of time. The crewmember interphone
system requirement established in
§ 135.150(b) was originally promulgated
to ensure the safety and security of
passengers.422 The FAA noted that an
aircraft of more than 19 passenger seats
was of the size that would benefit from
the safety advantages of having a
crewmember interphone and public
address system installed.423 A poweredlift with more than 19 passenger seats
will also benefit from a crewmember
interphone and PA system.
Additionally, due to the design features
of some powered-lift, such as multiple
rotating blade assemblies, it will be
essential for the flightcrew to be able to
communicate with the cabin crew and
passengers during an emergency
evacuation. This will promote safe,
effective evacuations of these aircraft.
The FAA proposes in § 194.307(f) that
for large powered-lift, the public
address system required by
§ 135.150(a)(7) comply with § 25.1423 or
such airworthiness criteria as the FAA
may find provide an equivalent level of
safety in accordance with § 21.17(b).
Additionally, the FAA proposes in
§ 194.307(g) that for large powered-lift
that have more than 19 passenger seats,
regardless of the type of powerplant, the
crewmember interphone system comply
with the requirements of § 135.150(b)(7)
or such airworthiness criteria as the
FAA may find provide an equivalent
level of safety in accordance with
§ 21.17(b). The FAA acknowledges that
while no powered-lift that have more
than 19 passenger seats are currently
undergoing type certification such
aircraft may be developed in the future.
Section 135.151 requires cockpit
voice recorders (CVRs) on certain
turbine-powered airplanes and
rotorcraft. CVRs enhance safety and are
required in turbine-powered airplanes
and rotorcraft carrying a certain
passenger count as a necessary hazard
analysis tool used during an accident
investigation. The FAA asserted as early
as 1978 that consideration should be
given to requiring Ground Proximity
Warning Systems (GPWS), CVR, and
FDR equipment on turbojet-powered
airplanes with 10 or more passenger
seats due to the complexity and highperformance characteristics of those
airplanes.424 CVRs provide accident
investigation information that is
unattainable from any other source,
422 Independent Power Source for Public Address
System in Transport Category Airplanes, 54 FR
43926 (Oct. 27, 1989).
423 Id.
424 Air Taxi Operators and Commercial Operators,
43 FR 46759 (Oct. 10, 1978).
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with valuable auditory information such
as sounds captured in the cockpit.
These sources of information aid in
determining causal and contributing
factors in accident and incident
investigation. Amendments issued in
response to NTSB recommendations as
well as congressional mandates identify
the FAA’s broader responsibility to
apply these appropriately to all aircraft
with certain seating capacities.425
Section 135.151(a) requires a
multiengine, turbine-powered airplane
or rotorcraft having a passenger seating
configuration of six or more and for
which two pilots are required by
certification or operating rules to be
equipped with an approved cockpit
voice recorder that meets various CVR
installation requirements provided by
the airworthiness standards for normal
category airplanes or rotorcraft, or
transport category airplanes or
rotorcraft, as applicable. Section
135.151(b) requires a multiengine,
turbine-powered airplane or rotorcraft
having a passenger seating configuration
of 20 or more to be equipped with an
approved CVR that meets various CVR
installation requirements provided by
the airworthiness standards for normal
category airplanes or rotorcraft, or
transport category airplanes or
rotorcraft, as applicable. Both
§ 135.151(a) and (b) further require that
the cockpit voice recorder be operated
continuously from the use of the check
list before the flight to completion of the
final check list at the end of the flight.
Section 135.151(d) requires large
turbine-powered airplanes
manufactured after October 11, 1991 to
be equipped to record uninterrupted
audio signals received by a boom or
mask microphone in accordance with
§ 25.1457(c)(5). Paragraph (d) also
requires that on these aircraft equipped
to record the uninterrupted audio
signals received by a boom or a mask
microphone, the flightcrew members
must use the boom microphone below
18,000 feet mean sea level.
Section 135.151(g) applies to aircraft
manufactured on or after April 7, 2010,
which includes the caveat that if the
aircraft is also required to have a flight
data recorder (FDR) under § 135.152,
then the aircraft must have a CVR that
meets the requirements listed in
paragraph (g)(1) (applicable to
multiengine, turbine-powered airplanes
or rotorcraft with a passenger seating
configuration of six or more seats and
for which two pilots are required by
certification or operating rules) or (g)(2)
(applicable to multiengine, turbine425 Cockpit Voice Recorders and Flight Recorders,
Final Rule, 53 FR 26135 (Jul. 11, 1988).
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powered airplanes or rotorcraft with a
passenger seating configuration of 20 or
more seats). Such aircraft equipped with
an FDR have different requirements for
cockpit voice recorders because the
FAA found that, for newly
manufactured aircraft also required to
have a flight data recorder, ‘‘evidence of
benefit in changes to wiring systems
that could prevent inadvertent
shutdown of power sources, and for an
independent power supply for
CVRs.’’ 426
Section 135.151(h) applies to all
airplanes and rotorcraft that are required
by this part to have a CVR and a FDR
that also have datalink communication
equipment that was installed on or after
December 6, 2010. For those aircraft, all
datalink messages must be recorded.
For the same reasons the FAA
imposed the CVR requirements for
certain airplanes and rotorcraft, the FAA
proposes to require CVRs for poweredlift with similar seating configurations
and pilot requirements. Specifically, the
FAA proposes, regardless of the types of
powerplant, that powered-lift which
have a passenger seating configuration
of six or more and for which two pilots
are required by certification or operating
rules, or that have a passenger seating
configuration of 20 or more seats will be
required to comply with paragraph (a),
(b), or (g), based upon the passenger
seating configuration and whether an
FDR is required under § 135.152. These
proposals are contained in § 194.307(h),
(i), (k), and (l). The FAA also proposes
in § 194.307(j) and (m) that although
paragraphs (d) and (h) reference
airplanes or rotorcraft, these paragraphs
will also apply to powered-lift to ensure
they appropriately record uninterrupted
audio signals and that all datalink
messages are recorded when required.
The FAA intends to include CVR
airworthiness requirements during type
certification based on an applicant’s
proposed operational needs. Operators
will need to ensure that the CVR for
each powered-lift be installed and
equipped in accordance with the
certification provisions listed in the
applicable paragraph of § 135.151 or
such airworthiness criteria as the FAA
may find provide an equivalent level of
safety in accordance with § 21.17(b).
The FAA is proposing in § 194.307(n)
to apply flight data recorder
requirements of § 135.152 to poweredlift because of the same rationale
discussed previously for § 135.151.
Section 135.152(a) requires that a
multiengine, turbine-engine powered
426 Revisions to Cockpit Voice Recorder and
Digital Flight Data Recorder Regulations, 70 FR
9751 (February 28, 2005).
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airplane or rotorcraft having a passenger
seating configuration, excluding any
required crewmember seat, of 10 to 19
seats, that was either brought onto the
U.S. register after, or was registered
outside the U.S. and added to the
operator’s U.S. operations specifications
after October 11, 1991, to be equipped
with one or more approved flight
recorders that uses a digital method of
recording and storing data and a method
of readily retrieving that data from the
storage medium. Additionally, this
paragraph requires that the flight
recorder must retain no less than 25
hours of aircraft operation. The FAA
proposes in § 194.307(o) that a powered
lift, regardless of the type of powerplant,
that otherwise meets the threshold
requirements of this paragraph be
required to comply with this paragraph.
However, paragraph (a) specifies that
the parameters for the flight recorder
that must be recorded are contained in
part 135, appendix B or C, which are
specific to airplanes or rotorcraft. As
discussed extensively throughout this
preamble, powered-lift are
manufactured combining the design
features of an airplane and helicopter
with complex systems. The FAA does
not have sufficient experience and
knowledge of every possible design type
of powered-lift, as most powered-lift are
still in development.
Accordingly, in place of appendices B
and C to part 135,427 the FAA has
drafted new flight data recorder tables,
which appear in proposed §§ 194.314
and 194.315,428 which outline the FDR
specifications for powered-lift under
part 135. In developing these tables, the
FAA applied the FDR requirements
from the airplane and helicopter
appendices to powered-lift, dependent
on which operational flight mode is in
use (i.e., wing-borne flight mode or
vertical-lift flight mode). In addition, the
FAA replaced helicopter-specific
nomenclature to accommodate
powered-lift. For example, helicopter
flight controls, as written, describe
pedals and collective controls, which
may not apply to powered-lift. In
addition, the FAA changed the
terminology that provided directional
controls for ‘‘ascent and descent’’.
Notwithstanding slight nomenclature
changes within the parameters, the FAA
did not change the other information
and numbers within the appendices.
The FAA invites comments on these
draft tables to ensure that the FAA has
adequately addressed all of the
requirements for these novel aircraft.
Section 135.152(b) applies to
multiengine turbine-powered airplanes
having a passenger seating configuration
of 20 to 30 seats and to multiengine
turbine-powered rotorcraft having a
passenger seating configuration of 20 or
more seats. Paragraph (b) requires these
aircraft to be equipped with one or more
approved flight recorders that utilize a
digital method of recording and storing
data and a method of readily retrieving
that data from the storage medium.
Additionally, paragraphs (b)(1) and (2)
provide the FDR parameters that are
required for aircraft type certificated
before and after October 1, 1969. After
this date, the number of mandatory
parameters an aircraft must record are
determined by the date of aircraft type
certification of that aircraft. Paragraph
(b)(3) requires that the FDRs on the
aircraft referenced in paragraph (b)
introductory text 429 manufactured after
October 11, 1991, must record all the
parameters outlined in appendix D or E
to part 135. Currently, the FAA is not
aware of any powered-lift designs that
contain 20 or more passenger seats;
however, should an applicant seek to
certificate a powered-lift with a
passenger seating configuration of 20 or
more seats, the FAA proposes in
§ 194.307(p) that paragraphs (b)
introductory text and (b)(3) apply to
these aircraft, regardless of the type of
powerplant. Because the FAA does not
anticipate any powered-lift with this
seating configuration to be developed
during the term of this SFAR, the FAA
has determined it will not create a new
FDR table that addresses powered-lift of
this size at this time. For potential
future rulemaking, the FAA welcomes
input on the FDR parameters that would
be essential for a powered-lift of this
size.
Section 135.152(c) requires that an
installed flight recorder be operated
continuously from the instant the
airplane begins the takeoff roll or the
rotorcraft begins the lift-off and until the
airplane has completed the landing roll
or the rotorcraft has landed at its
destination. Powered-lift may perform
takeoffs and landings similar to
airplanes or rotorcraft; accordingly, the
FAA proposes in § 194.307(n)(3) to
apply the requirements of § 135.152(c)
to powered-lift with a passenger seating
configuration, excluding crewmember
seats, of 10 to 30, whenever the takeoff
427 See appendix B to part 135, Airplane Flight
Recorder Specifications, and appendix C to part
135, Helicopter Flight Recorder Specifications, 14
CFR part 135.
428 The SFAR tables are found in the regulatory
text within the SFAR amendment.
429 As mentioned above, paragraph (b) applies to
multiengine turbine-powered airplanes with a
passenger seating configuration of 20 to 30 seats
and to multiengine turbine-powered rotorcraft with
a passenger seating configuration of 20 or more
seats.
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roll or lift off begins and until the
landing is completed.
Paragraph (d) in § 135.152 requires
the certificate holder to keep certain
recorded data for a specified time.
Paragraph (d) requires the certificate
holder to keep the recorded data until
the airplane has been operating for at
least 25 hours and, for a rotorcraft, 10
hours. The difference in the amount of
FDR recorded data required for
rotorcraft versus airplanes was because
the FAA agreed that rotorcraft typically
operate short-haul flights and that a 10hour requirement is adequate for
rotorcraft.430 Although the range is
expected to be closer to that of a
rotorcraft, the precise range of future
powered-lift is uncertain and thus,
conservatively, the FAA is proposing to
apply the 25-hour requirement currently
applicable to airplanes. Accordingly, the
FAA has considered both recorded data
requirements of § 135.152(d) and
proposes in § 194.307(n)(2) to require
certificate holders to keep the data until
the powered-lift has been operating for
at least 25 hours. This requirement
would be applicable to powered-lift
with a passenger seating configuration,
excluding crewmember seats, of 10 to
30.
The FAA has determined that
§ 135.152(e) is already applicable to
powered-lift because it applies to
aircraft; accordingly, in the event of any
accident or occurrence that requires the
immediate notification of the NTSB and
that results in the termination of the
flight, the certificate holder must
remove the recording media from the
powered-lift and keep the recorded data
for at least 60 days or for a longer
period, if requested by the NTSB or the
FAA.
Paragraph (f)(1) of § 135.152 imposes
requirements for FDR systems installed
on airplanes manufactured on or before
August 18, 2000, and ‘‘all other
aircraft.’’ Notwithstanding this
description, paragraphs (a) and (b) state
that § 135.152 only applies to certain
airplanes and rotorcraft with passenger
seating configurations between 10 and
30 seats. Paragraph (f)(2) imposes
requirements for FDR systems installed
on airplanes manufactured after August
18, 2000. As indicated in previous
discussions, the flight recorder must be
installed and equipped in accordance
with the appropriate certification
provisions listed in § 135.152 or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b). In
addition to the installation
430 Cockpit
Voice Recorders (CVR) and Flight
Recorders, 53 FR 26134 (Jul. 11, 1988).
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requirements, paragraphs (f)(1) and (2)
both require a correlation to be
established between the values recorded
by the FDR and the corresponding
values being measured. Establishing a
correlation for the required parameters
is essential to derive meaningful data for
the recorded digital signal from the
FDR. This correlation converts the
recorded basic digital signal into
engineering units so when the recorder
is downloaded, the data will be certified
to provide accident investigators and
operators information that is
representative of the actual aircraft
system units such as degrees of pitch,
roll or yaw; altitude in feet; and
airspeed in knots instead of the
recorded digital signal format. Without
this correlation document, accident and
incident investigators or operators will
not be able to derive meaningful
information from the FDR. Operators
must have this correlation information
readily available for the aircraft they
operate. Therefore, the FAA proposes in
§ 194.307(n)(1) that paragraphs (f)(1)
and (2) apply to powered-lift that are
otherwise required by this section to
have an FDR installed. This requirement
will help ensure the FDR systems are
installed adequately and the appropriate
correlations are established. Because the
specific parameters for compliance with
paragraph (f) will be established through
the type certification process for each
powered-lift, specific compliance with
this paragraph will be established in
accordance with the airworthiness
criteria for the aircraft.
Paragraph (g) requires each flight
recorder required under § 135.152 that
records the data specified in paragraphs
(a) and (b) 431 to have an approved
device to assist in locating that recorder
under water. As explained above, the
FAA proposes applying paragraphs (a)
and (b) to powered-lift with a passenger
seating configuration of 10 to 19 seats or
with a passenger seating configuration
of 20 to 30 seats, respectively. Because
paragraphs (a) and (b) apply to poweredlift, paragraph (g) would also apply,
thereby helping to ensure the recorder is
found if a powered-lift has an accident
or occurrence into water.
Paragraph (h) outlines the operational
parameters that digital FDRs must
record as required under paragraphs (i)
and (j). Examples of these operational
parameters include time, pressure
altitude, indicated airspeed, and pitch
attitude. The operational parameters
431 Paragraphs (a) and (b) require the flight
recorders to use a digital method of recording and
storing data and a method of readily retrieving that
data from the storage medium. These paragraphs
also require the recorder to record the parameters
outlined in the appropriate SFAR tables.
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cover all aircraft and are established to
ensure the minimum parameters needed
to assist in determining probable cause
are recorded when an information
source for those parameters is installed.
This list, in conjunction with the FDR
tables proposed in §§ 194.314 and
194.315, will specify what parameters
must be recorded and the ranges,
accuracies, resolutions, and recording
intervals requirements of those
parameters. Accordingly, at this time,
the FAA determined that all of the items
in this list apply to powered-lift that are
required to have an FDR in accordance
with this section.
Paragraphs (i) and (j) apply to all
turbine-engine powered airplanes with a
seating configuration, excluding any
required crewmember seat, of 10 to 30
passenger seats. Paragraph (i) is
applicable to aircraft manufactured after
August 18, 2000, and limits the required
parameters to those listed in paragraphs
(h)(1) through (57); however, this
paragraph does not apply as it is
superseded by paragraph (j) for aircraft
manufactured after August 19, 2002.
Paragraph (j) applies to all turbineengine powered airplanes manufactured
after August 19, 2002, with a seating
configuration, excluding any required
crewmember seat, of 10 to 30 passenger
seats and requires the parameters listed
in paragraphs (h)(1) through (88) 432 to
be recorded within the ranges,
accuracies, resolutions, and recording
intervals specified in appendix F to part
135. As described in the discussion of
§ 135.152(b) above, the FAA is not
aware of any powered-lift designs that
contain 20 or more passenger seats.
Notwithstanding, to the extent a
manufacturer develops a powered-lift
with a passenger seating configuration
of 20 or more seats, the FAA proposes
paragraph (j) apply to these aircraft, as
well as to those with 10–19 seats.
Because the FAA does not anticipate
any powered-lift with this seating
configuration to be developed during
the term of this SFAR, the FAA has
determined it will not create a new FDR
table that addresses powered-lift of 20–
30 passenger seats at this time. For
potential future rulemaking, the FAA
seeks comment on the FDR parameters
that would be necessary for a poweredlift of that size. Powered-lift with 10–19
seats would comply with the FDR tables
developed for this SFAR for operations
under part 135, set forth in proposed
§§ 194.314 and 194.315.
While considering the FDR
requirements of § 135.152, the FAA
432 As explained below, the FAA proposes
permanently amending paragraph (j) to crossreference paragraph (h) instead of paragraph (a).
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became aware of the need for a technical
correction in paragraph (j), which crossreferences the operational parameters
that must be recorded for turbine-engine
powered airplanes with a seating
configuration of 10 to 30 passengers
seats. Currently, paragraph (j) references
the parameters in paragraphs (a)(1)
through (88); however, the parameters
are enumerated under paragraph (h) not
paragraph (a). Moreover, the proposed
rule that added these parameter
requirements explained that § 135.152(j)
would require the above-referenced
airplanes ‘‘to record the parameters
listed in paragraph (h)(1) through (88) of
this section’’.433 The FAA is proposing
to correct the cross-reference in
paragraph (j) to refer to paragraphs (h)(1)
through (88).
Paragraph (l) does not apply to
powered-lift because it applies to ‘‘all
aircraft manufactured before April 7,
2010’’; however, paragraph (m) applies
to all aircraft manufactured on or after
April 7, 2010, and that are required to
have a FDR installed. This paragraph
requires these aircraft to have a FDR
installed that also meets the certification
requirements under § 23.1459 or
§ 25.1459 that were not included in
paragraph (f)(2). As indicated in
previous discussions, the installation
requirements for FDRs on powered-lift
will be established through the type
certification process as set forth in
§ 21.17(b). In general, § 135.152(m)
requires that all aircraft FDR systems
receive electrical power from the bus
that provides the maximum reliability
for operation of the FDR without
jeopardizing service to essential or
emergency loads; that the FDR remains
powered for as long as possible without
jeopardizing emergency operation of the
aircraft; that any single electrical failure
external to the FDR does not disable
both the CVR and the FDR; and they
provide requirements for installation of
combined flight data and CVRs. These
requirements are applicable to poweredlift because they ensure the data
essential for post-accident or incident
investigation are reliably recorded
during all foreseeable accident or
incident scenarios.
Section 135.154 requires turbinepowered airplanes to be equipped with
TAWS. These types of systems were
previously known as Ground Proximity
Warning Systems (GPWS) and then
Enhanced Ground Proximity Warning
Systems (EGPWS). TAWS equipment is
broken down into 2 different classes:
Class A TAWS and Class B TAWS. Class
A TAWS equipment is required for
433 Revisions to Digital Flight Data Recorder
Rules, NPRM, 61 FR 37144, 37156 (Jul. 16, 1996).
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airplanes operated under parts 121 and
135 configured with 10 or more
passenger seats. Class B TAWS
equipment is required for airplanes
operated under part 135 with a
passenger seating configuration of 6 to
9 seats. In addition to TAWS, HTAWS
are currently only required in HAA
operations.
The FAA promulgated § 135.154 in
response to several NTSB
recommendations resulting from
accidents involving controlled flight
into terrain (CFIT).434 Additionally,
multiple DOT Volpe National
Transportation Systems Center (VNTSC)
studies found that GPWS and EGPWS
equipment could be a particularly
effective means of preventing CFIT
accidents.435 After the GPWS rules were
issued, advances in terrain mapping
technology permitted the development
of a new type of GPWS that provides
greater situational awareness for flight
crews—TAWS.
TAWS improved on the existing
GPWS systems by providing the flight
crew with earlier aural and visual
warnings of impending terrain. Class A
and B TAWS incorporate a forwardlooking capability. In addition, Class A
TAWS equipment includes current
GPWS-required functions and provides
the pilots with a visual representation of
the impending terrain by use of a
display unit.436 These improvements in
TAWS provide the flight crew with
more time and greater situational
awareness to enable them to take
positive corrective actions. HTAWS,
like Class A TAWS, provides a display
unit for the pilots to see a visual
depiction of the terrain ahead. Both
Class A and B TAWS units look farther
ahead of the airplane and provide
terrain and obstacle alerts sooner than
the HTAWS alerts. In addition, both
Class A and B TAWS units provide a
greater terrain clearance in comparison
to HTAWS.
With the greater terrain clearance and
farther look ahead of TAWS, for certain
operations, there is the potential of low
altitude nuisance alerts in rotorcraft or
powered-lift operations because this
equipment is designed for forward flight
of an airplane rather than the flight
characteristics of a rotorcraft or
powered-lift. Nuisance alerts can be
dangerous because they may dilute the
effectiveness of TAWS when a pilot
inhibits or ignores repetitive alerts.
These nuisance alerts can also become
434 Terrain Awareness and Warning System, 65
FR 16737 (Mar. 29, 2000).
435 Id.
436 Display units in Class B TAWS are not
required.
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a distraction especially when a pilot is
in a high workload or emergency
situations where the pilot’s attention
and ability to respond may be
compromised, such as during approach
and landing phases of flight. Compared
to TAWS, HTAWS would be more likely
to reduce nuisance alerts because the
HTAWS units use a closer-in look at the
terrain rather than looking farther out
like the TAWS units. This is an
important distinction considering the
high-performance characteristics and
the anticipated low altitude operating
environment in which powered-lift are
likely to operate.
Powered-lift operate in a manner
similar to airplanes in cruise flight and
conduct take-off and landing operations
similar to helicopters. However, the
FAA expects the transition of a
powered-lift from cruise flight to
vertical flight will not be instantaneous,
regardless of the type of powerplant.
The current TAWS and HTAWS,
individually, are not a complete
solution for powered-lift that operate
similar to both airplanes and
helicopters. Although there is no
specification yet developed that
incorporates the features of both TAWS
and HTAWS in a single unit, the FAA
would consider a hybrid system in a
powered-lift that utilizes the features of
a TAWS A system for wing-borne flight
and HTAWS for vertical flight modes of
operation for compliance with
§ 135.154. The FAA has determined that
without a TAWS A/HTAWS hybrid
system, and until a TAWS specification
is developed specifically for poweredlift, the current HTAWS specification,
which requires a terrain display unit,
would provide the best level of safety
without an undue number of nuisance
alerts. To ensure that powered-lift
engaged in air carrier operations will be
operated at the highest possible degree
of safety, as required by 49 U.S.C.
44701(d)(1)(A), the FAA proposes in
§ 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 § 135.605,
unless equipped with a FAA approved
TAWS A/HTAWS hybrid system.
In addition, the FAA proposes in
§ 194.307(q) that § 135.154(c) apply to
powered-lift as they will be required to
have an aircraft flight manual that
contains the appropriate procedures on
the use of this equipment and the
proper flight crew reactions in response
to a HTAWS activation. This will ensure
powered-lift equipped with HTAWS or
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an FAA approved TAWS A/HTAWS
hybrid system are operated at a level of
safety that a terrain awareness system
currently provides for airplanes.
Section 135.158 requires transport
category airplanes equipped with a
flight instrument pitot heating system to
also be equipped with an operable pitot
heat indication system that complies
with § 25.1326.437 The FAA added this
requirement for transport category
airplanes to provide greater assurance
that pilots would be alerted when the
pitot heat was not operating and reduce
the possibility of the pilots relying on
faulty flight data instrumentation
indications for aircraft control.438 On
March 13, 1978, the FAA published the
final rule requiring pitot heat warning
indicators on transport category
airplanes.439 This requirement was
added to part 25 (§ 25.1326) and to part
91 (§ 91.50).440 Existing part 135
operators were required to comply with
the requirements of § 91.50, so a
separate rule specifically for part 135
was not required. On August 31, 1981,
the FAA published a final rule relieving
general aviation operators of transport
category airplanes operated under part
91 from the requirement to install a
pitot heat indicating system citing that
there were no records of general
aviation transport category airplane
accidents that were attributable to a
pitot heating system failure.441 In that
rulemaking the FAA also stated that part
91 operations are not any less
susceptible than operations conducted
under part 135 to the problems at which
Amendment 91–148 was directed.
However, the FAA also stated that it
holds part 135 operations to a higher
level of safety and there are stricter
safety standards than those placed on
part 91 operations. As a result, the FAA
added the pitot heat warning indicator
requirement into § 135.158.442
Section 135.158 was initially codified
for transport category airplanes, to
ensure that the flight crew receives an
indication when the pitot heating
system is not operating. Since the
inception of this rule in 1978,
technological advances in aircraft
display and control systems, such as fly
by wire, highly integrated glass
437 Transport Category Airplanes—Pitot Heat
Indication Systems, Final Rule, 46 FR 43804 (Aug.
31, 1981).
438 Transport Category Airplanes—Pitot Heat
Indication Systems, NPRM, 43 FR 10338 (Mar. 13,
1978).
439 Id.
440 Id.
441 Transport Category Airplanes—Pitot Heat
Indication Systems, Final Rule, 46 FR 43804 (Aug.
31, 1981).
442 Id.
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cockpits, and highly augmented
advanced flight control systems which
require accurate sensory data, further
justify the need for accurate pitot/static
information captured into the
processing units on powered-lift. The
FAA anticipates that powered-lift will
incorporate the technological advances
in aircraft display, will require highly
augmented advanced flight control
systems, and will be capable of
operations in conditions conducive to
icing. Accordingly, the FAA proposes in
§ 194.307(r) that § 135.158 apply to all
powered-lift that have a required pitot
heating system installed.
The FAA adopted § 135.159 in 1986
as a result of the Rotorcraft Regulatory
Review Program.443 The requirement for
a gyroscopic rate-of-turn indicator is
required for aircraft carrying passengers
under VFR at night or under VFR overthe-top except as provided in
§ 135.159(a)(1) through (3).444
Amendments to § 135.159 updated the
airworthiness and operating
requirements to reflect advanced
technology being incorporated in
current designs while maintaining an
acceptable level of safety.445 These
amendments also included related
changes to the general and air taxi
operating rules, including an exception
under § 135.159(a)(1) and (2) allowing a
third attitude indicator in lieu of a
gyroscopic rate-of-turn indicator.446
These proposals arose from the
recognition, by both government and
industry, that updated safety standards
are needed for an acceptable level of
safety in the design requirements for
airplanes and helicopters that are used
in both private and commercial
operations. The rule provides that flight
instrument systems with a third attitude
indicator need not include the
gyroscopic rate-of-turn indicator.
Allowing a third attitude indicator with
a dedicated power supply to replace the
gyroscopic rate-of-turn indicator
relieves the burden on the manufacturer
and allows safer operations because
attitude indicators provide both aircraft
bank and pitch information to the pilot,
thus increasing aircraft control and
safety as compared to only a gyroscopic
rate-of-turn indicator.
443 Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40695 (Nov. 7, 1986).
444 VFR over-the-top, with respect to the
operation of aircraft, means the operation of an
aircraft over-the-top under VFR when it is not being
operated on an IFR flight plan.
445 Small Airplane Airworthiness Review
Program Amendment No. 5, 55 FR 43306 (Oct. 26,
1990).
446 Id.
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Because powered-lift will be operated
much like a traditional airplane in
cruise flight, the FAA proposes in
§ 194.307(s) that the exception detailed
in § 135.159(a)(1) should also apply to
powered-lift. Conversely, given the
similarities of powered-lift and
traditional airplanes during cruise
flight, the FAA does not propose to
apply the helicopter-specific paragraphs
prescribed in § 135.159(a)(2) and (3) to
powered-lift. For more information on
this topic, please refer to the discussion
in section VI.A regarding the
applicability of § 91.205(d).
Section 135.165 details
communication and navigation
equipment for extended over-water or
IFR operations. This section is general
to aircraft except for § 135.165(d) and
(g)(1) which are specific to airplanes. In
the final rule published in 1978, the
FAA summarized the equipment
requirements listed in § 135.165 as
essential to safety of extended overwater and IFR operations, and for
maintaining communications during
these operations.447
Paragraph (d) contains the
communication equipment requirement
for turbojet airplanes that have a
passenger seat configuration, excluding
any pilot seat, of 10 seats for more, or
for a multiengine airplane used in
commuter operations. Although this
paragraph specifies airplanes, the FAA
determined that this paragraph should
also apply to powered-lift with a
passenger seating configuration,
excluding any pilot seat, of 10 seats or
more, or a powered-lift used in
commuter operations, regardless of the
type of powerplant, as proposed in
§ 194.307(t).
Paragraph (g) provides for extended
over-water exceptions that allow the use
of a single long-range navigation and
single long-range communication
system in certain geographic areas as
authorized by the FAA. A list of
operational factors the FAA may
consider is listed in paragraph (g)(1)
through (3) of this section. Although
paragraph (g)(1) uses the term airplane,
the FAA proposes in § 194.307(u) to
extend the ability to request that
exception to powered-lift that are able to
conduct extended over-water
operations.
The FAA proposes that paragraphs (d)
and (g)(1) apply to powered-lift, as
previously described. Powered-lift
operate like airplanes while in cruise
flight, and any powered-lift that triggers
the threshold for applicability of this
447 Regulatory Review Program; Air Taxi
Operators and Commercial Operators, 43 FR 46742
(Oct. 10, 1978).
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section should be operated at the same
level of safety as an airplane. This will
ensure powered-lift will be able to
communicate as required during IFR
and extended over-water flights.
Section 135.169 provides for
additional airworthiness requirements
for large airplanes, or small airplanes
with a passenger-seating configuration
of 10 or more seats. These airplanes are
held to a higher airworthiness safety
standard either through aircraft
certification basis or certain other
regulatory standards or requirements.
This regulation also has certain rules
about the material used as a liner for
cargo or baggage compartments. The
preamble from the final rule
promulgating this regulation states that
the purpose of the rule was to ensure
that airplanes of this size used in part
135 operations met a higher level of
airworthiness standards for equipment
and materials used.448 Powered-lift will
spend their cruise portion of flight
similar to airplanes, including the inflight environment in which they
operate. When a powered-lift is
configured with 10 or more passenger
seats or is large, the persons riding on
that aircraft should be afforded the same
level of safety afforded to them if they
were a passenger in an airplane. At this
time, the FAA has not identified a
reason to differentiate between airplanes
and powered-lift when it relates to the
safety standards required by this section
as detailed below.
Section 135.169(a) applies to large
airplanes and requires them to meet the
additional airworthiness requirements
of §§ 121.213 through 121.283 and
121.307. Section 121.213 no longer
exists; §§ 121.215 through 121.283
provide additional airworthiness
requirements for aircraft equipment and
materials (e.g., materials for the cabin
interior, internal doors, fuel valves, fire
walls, and lines and fittings). Section
121.307 requires certain engine
instruments such as a carburetor air
temperature indicator, fuel pressure
indicator, and manifold pressure
indicator. The FAA proposes in
§ 194.307(v) to require a large poweredlift to comply with appropriate
certification provisions listed in
§ 135.169(a) or such airworthiness
criteria as the FAA may find provide an
equivalent level of safety in accordance
with § 21.17(b), as previously discussed
in section IV.A of this preamble.
Section 135.169(b) applies to
operators of small airplanes that have a
passenger seating configuration,
excluding pilot seats, of 10 seats or more
448 See
Air Taxi and Commercial Operators, 42 FR
43490 (Aug. 29, 1977).
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and requires certain type certifications
for these aircraft. The FAA has
determined that paragraphs (b)(2)
through (7) would not be applicable to
powered-lift, as these aircraft are new
designs and would be required to meet
the latest aircraft certification safety
standards. The remaining provisions in
paragraph (b)—paragraphs (b)(1) and
(8)—were determined to be applicable
to powered-lift. Paragraph (b)(1)
requires the airplane be certificated in
the transport category, and paragraph
(b)(8) requires certification in the
normal category as a multi-engine
certification level 4 airplane as defined
in part 23. The FAA proposes in
§ 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
§ 135.169(b)(8) or such airworthiness
criteria as the FAA may find provides
an equivalent level of safety in
accordance with § 21.17(b). The purpose
of proposed § 194.307(w) will ensure
that, at a minimum, a small powered-lift
utilized in part 135 operations and
carrying more than 10 passengers will
achieve a certification standard at least
equivalent to the standard set forth in
§ 135.169(b)(8) or a higher standard.
Section 135.169(d) addresses cargo or
baggage compartment requirements of
200 cubic feet or greater volume in
transport category airplanes. The intent
of § 135.169(d) is to reduce the risk of
fire burning through the compartment
liner and becoming uncontained by
requiring more flame-resistant
materials.449 The FAA has determined
that ceiling and sidewall liner panels
such as Kevlar or Nomex, aluminum or
glass fire reinforced resin should be
required. Accordingly, the FAA
proposes in § 194.307(x) for large
powered-lift that have a cargo or
baggage compartment of 200 cubic feet
or greater, be required to meet the
certification requirements of part 25,
appendix F, part III, or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b).
The FAA identified that the same
benefits exist for ensuring that large
cargo or baggage compartments meet the
certification requirements of part 25 or
equivalent for powered-lift as exist for
airplanes.
Section 135.170 lists the requirements
for materials used in the compartment
interiors of specific airplanes as denoted
in this rule. The flammability
449 See Fire Protection Requirements for Cargo or
Baggage Compartments, Final Rule, 54 FR 7384
(Feb. 17, 1989).
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requirements are tied to the number of
seats in the airplane to increase
survivability in the case of an in-cabin
fire. These regulations were
promulgated for airplanes because there
were far fewer helicopters that had a
similar number of seats, and due to the
performance characteristics of airplanes,
descent, landing, and evacuation would
take longer in an airplane than in a
helicopter with a similar number of
seats. Some powered-lift may be able to
transition to landing quickly; however,
others may have descent, landing, and
evacuation times similar to airplanes.
Section 135.170(b) applies to large
airplanes and specifies additional
airworthiness requirements that must be
met. To maintain a high level of safety,
and until the FAA has more experience
with commercial operations conducted
with large powered-lift, the FAA
proposes in § 194.307(y) and (z) that
large powered-lift comply with the
applicable paragraphs of § 135.170(b)(1)
and (2). Powered-lift must comply with
appropriate certification provisions
listed in § 135.170(b)(1) and (2) or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b).
Section 135.170(c) details the
requirements for thermal/acoustic
materials on transport category
airplanes. For large powered-lift, the
FAA asserts that the flame propagation
requirements applicable to transport
category airplanes should also be
applicable. This will help to ensure that
persons or property carried on large
powered-lift are afforded the same
safety provided to persons or property
carried in transport category airplanes.
Accordingly, large powered-lift would
be required to comply with the
provisions of § 135.170(c). As proposed
in § 194.307(aa), this section requires
that large powered-lift comply with
§ 25.856 (Thermal/Acoustic insulation
materials) or such airworthiness criteria
as the FAA may find provide an
equivalent level of safety in accordance
with § 21.17(b).
Section 135.173(a) requires aircraft,
excluding helicopters operating under
day VFR conditions, that have a
passenger seating configuration,
excluding any pilot seat, of 10 seats or
more in passenger-carrying operations
to be equipped with either approved
thunderstorm detection equipment or
approved airborne weather radar
equipment. Helicopters were excluded
from this requirement for day VFR
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flights in 1986.450 Though helicopters
have less potential range than airplanes,
making it more difficult for helicopters
to escape a weather system once within
one, helicopters are highly
maneuverable and have the capability to
adjust altitude and direction rapidly.
This enables them to change altitude,
airspeed, and direction rapidly in order
to circumnavigate or avoid a
thunderstorm.
Section 135.173(b) is specific for
helicopters and only requires this
equipment under night VFR when
current weather reports indicate that
thunderstorms or other potentially
hazardous weather conditions that can
be detected with airborne thunderstorm
detection equipment may reasonably be
expected along the route to be flown.
This equipment is beneficial for night
operations because considerable
thunderstorm activity occurs at night
and this equipment aids in locating
hazardous unseen storm activity. This
contributes to greater safety in
operations because it enables the pilot
to detect and locate severe adverse
weather areas early. The equipment also
enables the pilot to avoid these areas or
take other action necessary for safety of
flight. The FAA asserted that although
a helicopter has the ability to land in
small areas and can use this ability to
avoid hazardous weather conditions,
this advantage is not significant during
VFR night operations when a landing
option may not be available, such as
when over water, forests, mountainous
or congested areas, or when visibility is
restricted.451 Additionally, a helicopter
is as susceptible to thunderstorm
hazards as the airplane if the pilot fails
to avoid severe weather areas.
The FAA has determined that the
helicopter exception contained in this
regulation should not apply to poweredlift because these new entrant aircraft
are expected to operate similar to an
airplane during the en route phases of
flight and at this point, the agency does
not have enough information about the
operations of powered-lift to state
definitively whether they will have the
agility and maneuverability of a
helicopter during the cruise portion of
flight. Powered-lift will likely require
more time and space to recognize and
successfully maneuver out of the
dangers associated with hazardous
thunderstorm activity. The FAA expects
to gather more information about this
during the term of the SFAR.
450 Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40692 (Nov. 7, 1986).
451 Rotorcraft Regulatory Review Program Notice
No. 5, 50 FR 10144 (Mar. 13, 1985).
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Section 135.178 details additional
emergency equipment applicable to
airplanes having a passenger seating
configuration of more than 19 seats.
Helicopters generally do not meet the
threshold of having this configuration.
This section was implemented largely
due to several studies conducted by the
Civil Aerospace Medical Institute
(CAMI) on exit row configurations and
equipment necessary for the most
efficient emergency exit of the airplane
in the case of emergency.452
The FAA anticipates that due to
advances in technology, powered-lift
developed in the future could surpass
the 19-passenger seating configuration.
The FAA proposes in § 194.307(bb) that
when a powered-lift is operated while
having a passenger seating configuration
of more than 19 seats this rule should
be applicable because a powered-lift
that is able to carry more than 19
passengers should have the requisite
procedures and equipment to evacuate
those passengers in the event of an
emergency such as is currently required
for airplanes. As proposed, this section
requires that certain powered-lift meet
specific airworthiness requirements
from part 25. Powered-lift must comply
with appropriate part 25 certification
provisions listed in § 135.169(a) or such
airworthiness criteria as the FAA may
find provide an equivalent level of
safety in accordance with § 21.17(b).
Section 135.179 contains the
conditions required to take off an
aircraft with inoperable instruments or
equipment, lists the Minimum
Equipment List (MEL) requirements,
and what instruments and equipment
may not be contained within the MEL.
The availability of a MEL in part 135
was introduced with the publication of
the final rule on October 10, 1978.453
Until 1991, only multi-engine aircraft
were permitted to use a MEL, then the
FAA published a final rule expanding
the availability of a MEL to any civil
aircraft that can be operated under part
135, including single-engine aircraft.
The notice of proposed rulemaking 454
that is directly related to the 1991 final
rule states that the MEL provisions
would apply to ‘‘aircraft’’ and that ‘‘[t]he
FAA also proposes to amend the
language of §§ 135.179 and 125.201 to
make them essentially the same as
§ 121.628’’.455 The FAA notes that the
mention of airplane in § 135.179(b)(1)
452 See Improved Access to Type III Exits, 57 FR
19220 at 19245 (May 4, 1992).
453 Air Taxi Operators and Commercial Operators,
43 FR 46770 (Oct. 10, 1978).
454 Minimum Equipment List Requirements, 54
FR 3320 (Jan. 23, 1989).
455 Minimum Equipment List Requirements, 56
FR 12311 (Mar. 22, 1991).
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appears to be an oversight in
transcription and should actually
reference aircraft, as do the rest of the
references in § 135.179. This is in
contrast to § 121.628, where all
references are to airplane. Review of the
historical information for this rule
reveals that the FAA’s original intent
was for § 135.179 to apply to ‘‘any civil
aircraft,’’ which includes powered-lift.
As a result, the FAA proposes to make
a technical amendment to
§ 135.179(b)(1) to reflect that intent.
Section 135.180 was implemented to
require traffic alert and collision
avoidance systems (TCAS) for turbinepowered airplanes that have a passenger
seat configuration, excluding any pilot
seat, of 10 to 30 seats. TCAS uses nearby
aircraft’s transponder signals to alert
pilots to the danger of mid-air
collisions. The FAA considered many
factors when determining which part
135 airplanes would be required to be
equipped with a TCAS.456 These factors
included the relative speed, size, and
the number of passengers per airplane,
as well as the fact that these types of
airplanes can operate in the same high
density terminal airspace as airplanes
operating under part 121.457 The FAA
anticipates that certain powered-lift will
have the same relative speed, size, and
passenger-carrying capacity of the
airplanes that were required to be
equipped with TCAS. Additionally, the
FAA anticipates that some powered-lift
will have the ability to operate in the
same airspace as other larger, high
performance aircraft, including
airplanes operating under part 121. To
afford the same level of safety through
the mitigation of potential mid-air
collisions and their devastating effects
on persons and property onboard or in
the same airspace as powered-lift, the
FAA is proposing in § 194.307(cc) that
this section apply to powered-lift that
have a passenger seat configuration,
excluding any pilot seat, of 10 to 30
seats.
Powered-lift that are required to have
TCAS will also be required to have the
content specified in § 135.180(b) in the
powered-lift’s aircraft flight manual.
This will ensure that the persons
operating a powered-lift will have
access to the appropriate procedures for
the use of the TCAS equipment, proper
flightcrew action with respect to the
TCAS equipment, and an outline of all
the input sources that must be operating
for proper TCAS operation.
456 Traffic Alert and Collision Avoidance System,
54 FR 951 (Jan. 10, 1989).
457 Id. at 951.
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iv. Subpart D: VFR/IFR Operating
Limitations and Weather Requirements
Subpart D prescribes operating
limitations for VFR/IFR flight operations
and associated weather requirements for
operations under part 135. Section
135.203 provides the VFR minimum
altitude requirements for airplanes and
helicopters. The FAA established
minimum altitudes in the Civil Air
Regulations (CAR) to ensure that a pilot
had sufficient altitude to enable safe
maneuvering of the aircraft, especially
when encountered with an emergency
situation, while still ensuring the safety
of persons and property on the surface.
Different minimum altitudes for
airplanes and helicopters exist because
the FAA recognized that the special
flight characteristics of a helicopter
enable it to accomplish an emergency
landing in a small space compared to an
airplane. Additionally, the
maneuverability of a helicopter permits
it to make corrective actions in less
distance than most airplanes; a
helicopter is able to avoid obstacles at
a closer range and land in much more
confined areas. This enables a
helicopter to be operated over congested
areas at 300 feet above the surface
without compromising safety of persons
or property on the surface.
The FAA anticipates many poweredlift, other than necessary for takeoff and
landing, in order to gain efficiencies in
speed and range, will prefer to utilize
lift provided by the wing for as long as
practical. Since powered-lift will likely
operate like an airplane in cruise flight,
they will require more time and
distance to correct their flightpath to
avoid other aircraft and obstacles. Since
a gliding aircraft requires more space to
conduct a safe landing, a gliding
powered-lift would require a higher
altitude to provide the pilot more time
to select an appropriate off-airport
landing site. Unlike other aircraft
categories, powered-lift have to make a
transition from flight on the rotors or
other thrust devices to flight on the
wing and vice versa in order to conduct
takeoff and landing operations. The
FAA expects the transition of a
powered-lift from forward flight to
vertical flight would not be
instantaneous, requiring additional
time, distance, and altitude that is
unique from other categories of aircraft.
Although some powered-lift may be
capable of performing an emergency
autorotation into a more confined space,
the FAA anticipates that additional
altitude would increase the chances of
a successful outcome without undue
hazard to persons or property on the
surface. The FAA is proposing in
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§ 194.307(dd) to apply the airplane
minimum altitude requirements of
§ 135.203(a) to powered-lift. The FAA
anticipates learning more about
powered-lift operational capabilities
and commonalities during the term of
this SFAR.
Section 135.205 provides the
visibility requirements for an airplane or
helicopter operating under VFR in
uncontrolled airspace. There is a wide
range of powered-lift in development
and the aircraft produced will have a
wide range of performance capabilities.
Since powered-lift will have the
potential to fly at airspeeds higher than
rotorcraft, the FAA anticipates a
powered-lift pilot will need the
additional visibility required for them to
safely acquire other aircraft and
obstacles and to make appropriate
corrective actions. Additionally, a more
conservative application of this rule is
in the public’s best interest and should
apply to powered-lift until such time as
the FAA has enough operational data to
support reduced visibility requirements.
Accordingly, the FAA proposes in
§ 194.307(ee) to require powered-lift
operating under VFR in uncontrolled
airspace to maintain the ceiling and
visibility requirements detailed for
airplanes under § 135.205(a).
Section 135.209 details that airplanes
are required to have enough fuel supply
under VFR considering wind and
forecast weather conditions to reach the
first point of intended landing at normal
cruise fuel consumption and then fly
after that point for 30 minutes. At night,
this requirement increases to 45 minutes
past the first point of intended landing.
Helicopters must have enough fuel to fly
to the first point of intended landing,
considering wind and forecast weather
conditions, and to fly after that for at
least 20 minutes regardless of day or
nighttime.
The FAA predicts that powered-lift
will conduct cruise operations in
configurations similar to airplanes while
conducting takeoff and landing
operations in a manner similar to
helicopters. Because these aircraft will
predominately use wing-borne flight
during cruise similar to airplanes, the
FAA anticipates that some powered-lift
will have the potential to fly at higher
altitudes and speeds. Additionally,
some powered-lift may require more
surface area to conduct a landing than
a helicopter, thereby reducing the
number of available unplanned landing
sites, and would benefit from the
additional fuel reserves required for
airplanes. Therefore, the FAA proposes
in § 194.307(ff) to require powered-lift
to adhere to the fuel reserves set forth
in § 135.209(a).
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Section 135.221 provides the
requirements for alternate airport
weather minimums. Paragraph (a)
requires, for an aircraft other than
rotorcraft, that no person may designate
an alternate airport unless the weather
reports or forecasts indicate the weather
conditions will be at or above
authorized alternate airport landing
minimums for that airport at the
estimated time of arrival. Authorized
landing minimums for these aircraft are
specified in Operations Specification
C055. The FAA anticipates powered-lift
will spend a majority of their flight time
in wing-borne flight and cruise at higher
altitudes with the potential for higher
speeds than rotorcraft. As a result, the
FAA determined the provisions
contained in § 135.221(a) applicable to
aircraft would be best suited for
powered-lift until such time the FAA
receives data that supports the
application of the rotorcraft alternate
airport weather minimums as contained
in § 135.221(b). Accordingly, this
provision applies to powered-lift as
drafted and the FAA does not propose
to apply the exception for rotorcraft in
§ 135.221(b).
Section 135.223(a) requires aircraft to
carry a 45-minute fuel reserve and
helicopters to carry a 30-minute fuel
reserve. The 30-minute fuel reserve
requirement for helicopters was initially
granted under SFAR 29.458 Operations
under SFAR 29 gave the FAA insight to
make a safety and risk analysis enabling
SFAR 29 to be codified in §§ 91.167 and
135.223. The final rule language for
§ 91.167 (and similarly for § 135.223)
noted that the FAA had gained
sufficient experience with operations
conducted under SFAR 29 to justify a
reduction for minimum fuel reserve
requirements for helicopters.459 The
FAA does not have sufficient experience
to grant relief for powered-lift fuel
requirements at this time, and
consistent with the phased approach
taken to provide additional fuel reserve
relief for helicopters, will retain the 45minute fuel reserve requirement and not
apply the less restrictive helicopter
minimum set forth in § 135.223(a)(3).
The FAA may reevaluate the 45-minute
458 The FAA promulgated SFAR No. 29 in 1975
to allow the Administrator to issue approvals for
rotorcraft IFR operations on an interim basis
pending the conclusion of a study to determine
whether the FAA should establish a ‘‘limited’’ IFR
category for these rotorcraft, including flight
characteristics and equipment requirements,
operating procedures and limitations, flight crew
requirements, and training requirements. See FAA
Study of Limited IFR Operations in Rotorcraft, 40
FR 2420 (Jan. 13, 1975).
459 Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40692 (Nov. 7, 1986).
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fuel reserve requirement once it has
sufficient experience under this SFAR.
Section 135.225 contains
requirements generally applicable to
aircraft performing instrument
approaches to airports. Section
135.225(e) requires a PIC of a turbine
powered airplane who has not served at
least 100 hours as PIC in that type of
airplane to increase the Minimum
Descent Altitude (MDA) or Decision
Altitude/Decision Height (DA/DH) and
visibility landing minimums by 100 feet
and 1⁄2 mile respectively. This
requirement has existed in part 135
since its original codification in 1964.460
This requirement was initially codified
into 14 CFR parts 40, 41, and 42 with
the publication of the FAA’s final rule
on April 22, 1961.461 The FAA asserted
that the safe execution of an instrument
approach to the lowest minimums
requires the highest degree of pilot
familiarity with the airplane, its
controls, instruments, and performance
characteristics, and that 100 hours of
experience in a new type of airplane as
PIC in air carrier or commercial
operations is necessary in order to
achieve this degree of familiarity.
Although this requirement was
implemented more than 61 years ago,
this familiarity requirement is still
relevant to operations conducted in
airplanes today. The FAA ascertains
that PICs of powered-lift should also
possess the highest degree of familiarity
with their aircraft, its controls,
instruments, and performance
requirements. The FAA also determined
that powered-lift’s additional
complexity required as the aircraft
transitions from winged to vertical flight
during a critical phase of flight requires
that PICs of all powered-lift have the
increased MDA or DA/DH and visibility
landing minimums as required by
§ 135.225(e). To maintain the level of
safety currently afforded to persons and
property in the air and on the ground,
the FAA proposes in § 194.307(gg) to
require that the requirements of
§ 135.225(e) apply to PICs of any
powered-lift.
Section 135.227 addresses the
operating limitations in icing conditions
for airplanes and helicopters. Paragraph
(a), which applies to ‘‘aircraft’’
including powered-lift, states ‘‘no pilot
may take off an aircraft that has frost,
ice, or snow adhering to any rotor blade,
propeller, windshield, stabilizing or
control surface; to a powerplant
460 Miscellaneous Amendments, 29 FR 2988 (Mar.
5, 1964).
461 IFR Landing Minimums for Pilots With Less
than 100 Hours as Pilot in Command in a Particular
Type of Airplane, 26 FR 3460 (Apr. 22, 1961).
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installation; or to an airspeed, altimeter,
rate of climb, flight attitude instrument
system, or wing, except that takeoffs
may be made with frost under the wing
in the area of the fuel tanks if authorized
by the FAA.’’ Section 135.227(a) applies
to all aircraft and powered-lift must
comply with those requirements as
written.
Paragraph (b) applies to airplane
operations and requires certificate
holders to ensure their pilots receive the
training required by § 135.341 when the
conditions are such that frost, ice, or
snow may reasonably be expected to
adhere to the airplane, if the certificate
holder authorizes takeoffs in ground
icing conditions.462 This paragraph was
included in the Training and Checking
in Ground Icing Conditions proposed
rule. The FAA promulgated this rule in
1993 in response to part 135 accidents
caused by pilots beginning a takeoff
with contamination adhering to critical
airplane surfaces.463 The NPRM cited a
common thread throughout the
accidents and incidents of the pilot’s
apparent lack of awareness of the
potential hazard from even small
amounts of frost, ice, or snow on the
airplane wings and controls surfaces.
Paragraph (b) does not allow a
certificate holder to authorize an
airplane to take off anytime conditions
are such that frost, ice, or snow may
reasonably be expected to adhere to the
airplane unless one of the following
requirements are met: (1) A pretakeoff
contamination check established by the
certificate holder and approved by the
FAA for the specific airplane type has
been completed within 5 minutes prior
to beginning the takeoff—this pretakeoff
contamination check is a check to
ensure the wings and control surfaces
are free of frost, ice, or snow; (2) the
certificate holder has an approved
alternative procedure which will
determine the airplane is free of frost,
ice, or snow; or (3) the certificate holder
has an approved deicing/anti-icing
program meeting the requirements of
§ 121.629.
The 1993 preamble states that the
FAA’s goal in this rulemaking was
twofold. First, as provided in part 121,
462 Section 135.227 references training required
by § 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, § 135.345(b)(6)(iv) requires
training on operating during ground icing
conditions (i.e., any time conditions are such that
frost, ice, or snow may reasonably be expected to
adhere to the airplane), if the certificate holder
expects to authorize takeoffs in those conditions.
463 Training and Checking in Ground Icing
Conditions, 58 FR 49164 (Sept. 21, 1993).
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to ensure pilots will be made fully
aware, through training, of the dangers
involved in beginning takeoff with
contamination adhering to the
airplane.464 Second, to require pilots to
accomplish one or more checks
(pretakeoff and/or pretakeoff
contamination) prior to beginning
takeoff. Requiring that a pretakeoff
contamination check is completed
within 5 minutes prior to beginning a
takeoff is intended to provide an
equivalent level of safety to § 121.629.
Under paragraph (b)(2) of § 135.227, the
FAA allows certificate holders to use an
approved alternative procedure to
ensure their airplanes are free of frost,
ice, or snow. The FAA asserted in the
preamble that the option to use an
approved alternative procedure was
included to permit certificate holders to
develop alternative check procedures in
lieu of the pretakeoff contamination
check. To ensure that any alternative
check procedures will provide an
adequate level of safety, these
procedures require FAA approval prior
to their use by the certificate holder.
These procedures must be specifically
designed for the type of aircraft and the
type of operations in which they would
be used.
The FAA anticipates that some
certificate holders operating poweredlift will desire the ability to conduct
takeoffs when the conditions are such
that frost, ice, or snow may reasonably
be expected to adhere to aircraft
surfaces, provided the pilot has
completed all applicable training as
required by § 135.341 and they are able
to meet one of the requirements
outlined in paragraphs (b)(1) through
(3). Therefore, the FAA proposes in the
SFAR to apply these options to
certificate holders operating poweredlift.465 In addition to wings and control
surfaces, powered-lift may have other
surfaces that are negatively impacted by
frost, ice, or snow adhering to those
surfaces, such as rotor blades. These
other surfaces are considered critical
surfaces, which the manufacturer will
identify during certification, and which
will be outlined in the Aircraft Flight
Manual for that aircraft. Any frost, ice,
or snow adhering to a ‘‘critical surface’’
could have an adverse impact on the
aircraft’s ability to operate safely. The
FAA proposes that under the procedure
referenced in paragraph (b)(1), or any
464 Id.
at 49166.
section V.J of this preamble for a
corresponding proposal to apply the initial,
transition, and upgrade ground training
requirements for operations in ground icing
conditions, specified in § 135.345(b)(6)(iv), to
powered-lift pilots if the certificate authorizes
takeoffs in ground icing conditions.
465 See
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approved alternative procedures
referenced in paragraph (b)(2), a
powered-lift’s wings, control surfaces,
and other critical surfaces are
determined to be free of frost, ice, or
snow. This will ensure that powered-lift
are operated at the highest level of
safety during ground icing conditions.
Thus, the FAA proposes in
§ 194.307(hh) that paragraph (b) apply
to certificate holders operating poweredlift when either paragraph (hh)(1), (2), or
(3) is met.
Section 135.227(c) includes the
regulatory requirements for flight into
icing conditions, and it specifies that no
pilot may fly under IFR into known or
forecast light or moderate icing
conditions or under VFR into known
light or moderate icing conditions
unless certain conditions are met.
Section 135.227(c)(1) requires the
‘‘aircraft’’ to have functioning deicing or
anti-icing equipment protecting each
rotor blade, propeller, windshield, wing,
stabilizing or control surface, and each
airspeed, altimeter, rate of climb, or
flight attitude instrument system. The
requirement applies to all aircraft;
accordingly, any powered-lift that
intends to fly into the icing conditions
specified must have functioning deicing
or anti-icing equipment.
Section 135.227(c)(2) and (3) are
airplane-specific. The FAA will not
apply these paragraphs to powered-lift
because paragraph (d)—which applies
to helicopters—serves the same purpose
as paragraph (c) by allowing flight into
known or forecast light or moderate
icing conditions, discussed previously
in further detail in section VI.D.1.iii of
this preamble.
Section 135.227(e) states no pilot may
fly an aircraft into known or forecast
severe icing conditions unless that
aircraft is an airplane that has the ice
protection provisions that meet section
34 of appendix A, or those airplanes
certificated under the airplane transport
category type certification. This
paragraph is specific to airplanes and
references airplane certification
requirements that airplanes must meet
to operate in known or forecast severe
icing conditions. Severe icing is defined
in Advisory Circular 91–74B 466 as the
rate of ice accumulation is such that ice
protection systems fail to remove the
accumulation of ice and accumulation
occurs in areas not normally prone to
icing, such as aft of protected surfaces
and other areas identified by the
manufacturer. Due to the novel design
of powered-lift, the FAA lacks the
466 Available at https://www.faa.gov/
documentLibrary/media/Advisory_Circular/AC_9174B.pdf.
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research, operational experience, and
certification criteria for authorizing
operation of these aircraft in severe
icing conditions. Until the FAA has
sufficient data to authorize powered-lift
to operate in known or forecast severe
icing conditions, the FAA does not
propose to allow powered-lift to fly into
known or forecast severe icing
conditions as provided in § 135.227(e).
The FAA welcomes comments
including data regarding this proposal.
v. Subpart I: Airplane Performance
Operating Limitations
Subpart I outlines the airplane
performance operating limitations
applicable to large transport category,
large nontransport category, small
transport category, and small
nontransport category airplanes with
different types of powerplants.
Although this subpart is airplane
specific, the FAA acknowledges in this
SFAR that some powered-lift may fit the
definition of large aircraft, which is
more than 12,500 pounds, while others
will be considered small aircraft, which
are 12,500 pounds or less. The FAA
anticipates some powered-lift could
operate similar to an airplane during
takeoff and landing and will routinely
operate similar to an airplane during
horizontal flight. In those cases, the
powered-lift will be supported in flight
by the dynamic reaction of the air
against their wings (termed wing-borne
flight), as explained in section VI.A.
The FAA anticipates that some
powered-lift will only be able to
conduct VTOL operations, while others
may have the ability to conduct a takeoff
or landing that depends on wing-borne
lift—similar to an airplane. For those
powered-lift, some of the requirements
of subpart I would be applicable, and
those that the FAA has determined
would be applicable are discussed in
this section. Accordingly, for poweredlift that can conduct takeoff and
landings using wing-borne lift, the
performance data will be published in
the aircraft flight manual and will
contain items such as: takeoff roll,
takeoff distance, and landing distance
required. This will enable a pilot of a
powered-lift to determine that an
adequate area is available to enable a
safe takeoff or landing. The FAA asserts
that persons or property being
transported on powered-lift meeting the
size and certification standards of this
subpart should be afforded the safety
requirements of this subpart that is
currently afforded to those transported
on airplanes.
This subpart also specifies
requirements for transport category
airplanes. This SFAR will propose
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applicability of those transport category
requirements to large powered-lift,
recognizing that the FAA has not yet
published a transport category
certification standard for powered-lift.
As previously discussed in section IV.A
of this preamble, during the certification
the FAA develops the certification
criteria for each individual powered-lift
design. Due to the novel designs of
powered-lift and the varying capabilities
of those aircraft, this could require using
a combination of the aircraft
certification standards from the various
sections of parts 23, 25, 27, and 29.
Section 135.361 is an applicability
regulation for airplane performance
operating limitations. This section also
defines in paragraphs (b) and (c)
respectively, for the purposes of this
subpart, the terms ‘‘effective length of
the runway’’ and ‘‘obstruction clearance
plane.’’ The FAA proposes in
§ 194.307(ii) that the sections of subpart
I apply to powered-lift as delineated in
each section, regardless of powerplant
type.
Section 135.363(a) through (e) contain
a general outline of which sections of
subpart I apply to certain airplanes
considering factors such as: the size,
type of powerplant, and certification
basis for the airplane. The FAA does not
anticipate that there will be a large
powered-lift produced with a
reciprocating engine, therefore
paragraph (a) will not be applicable. The
FAA proposes in § 194.307(jj) that when
a powered-lift meets the criteria
established in paragraphs (b) through
(e), regardless of powerplant type, then
the referenced regulatory sections will
be applicable.
Section 135.363(f) requires that the
performance data in the Airplane Flight
Manual must be used in determining
compliance with §§ 135.365 through
135.387. It also contains a provision to
allow the interpolation and for
computing the effects of changes in
specific variables, as long as those
calculations are as accurate as the
results of direct tests. Although this
section specifies an Airplane Flight
Manual, the FAA asserts that any
powered-lift that meets the threshold,
therefore requiring compliance as
detailed in §§ 135.365 through 135.387,
the powered-lift aircraft flight manual
will contain any applicable performance
data. Additionally, the FAA expects that
the interpolation and computation that
is permitted in § 135.363(f) could be
accomplished for powered-lift without
any degradation of safety, just as it is
allowed for airplanes. Therefore, the
FAA proposes in § 194.307(kk) that if a
powered-lift is required to be in
compliance with a section contained in
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§§ 135.365 through 135.387, then the
provisions of § 135.363(f) will apply.
Section 135.364 sets the requirement
for a certificate holder operating an
airplane, other than an all-cargo
airplane with more than two engines, on
a planned route that exceeds 180
minutes flying time (at the one-engineinoperative cruise speed under standard
conditions in still air) from an Adequate
Airport outside the continental U.S.
unless the operation is approved by the
FAA in accordance with appendix G to
part 135, Extended Operations (ETOPS).
Although ETOPS is currently applicable
only to airplanes, the FAA anticipates
that at some point a powered-lift could
be designed with the range capability
where ETOPS operations could be
applicable, but likely not during the
term of this SFAR. Accordingly, the
FAA will not propose to amend part
135, appendix G, at this time or apply
this regulation to powered-lift in this
SFAR.
Section 135.379(a) requires that no
person operating a turbine engine
powered large transport category
airplane may take off that airplane at a
weight greater than that listed in the
Airplane Flight Manual. The calculation
for determining that takeoff weight must
consider the elevation of the airport and
the ambient temperature existing at the
time of takeoff. This regulation provides
important performance criteria to ensure
that operators of an aircraft consider the
effects of altitude and temperature when
determining the maximum allowable
takeoff weight. This is an important
consideration because aircraft
performance is reduced as the altitude
and the temperature is increased. A
takeoff in any aircraft should not be
attempted, including in powered-lift, if
the weight of the aircraft is greater than
that listed in the Aircraft Flight Manual.
These computations must include the
elevation of take-off and the ambient
temperature at the time of takeoff,
which would also be applicable to large
powered-lift. Section 135.379(b) is not
applicable to powered-lift because of the
date restrictions on certification in that
paragraph.
Section 135.379(c) sets requirements
for turbine engine powered large
transport category airplanes certificated
after August 29, 1959. It requires that an
airplane cannot takeoff at a weight
greater than that listed in the Airplane
Flight Manual and lists specific
performance requirements, such as the
takeoff run must not be greater than the
length of the runway, accelerate-stop
distances, and required takeoff distance.
This ensures that the airplane does not
require more distance for its takeoff run
than the available runway length, that
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the airplane can stop during an aborted
takeoff on either the runway or any
available stopway, and that there are no
obstacles in the flightpath during the
initial portion of a takeoff and climb.
These considerations would also be
applicable to large powered-lift utilizing
wing-borne lift for takeoff.
Section 135.379(d) requires that an
airplane cannot takeoff at a weight
greater than that listed in the Airplane
Flight Manual and lists specific
performance requirements for obstacle
clearance in the takeoff path (for
airplanes certificated after August 26,
1957, but before October 1, 1958) and
takeoff flight path (for airplanes
certificated after September 30, 1958).
This ensures that the airplane will clear
all obstacles within the airport
boundaries during takeoff operations.
This restriction would also be
applicable to large powered-lift.
Section 135.379(e) requires certain
corrections to be considered when
determining maximum takeoff weights,
minimum distances, and flight paths
under § 135.379(a) through (d). These
corrections are runway used and
gradient, airport elevation, ambient
temperature, wind component.
Additionally, some airplane flight
manuals require corrections for wet
runways, and when provided in the
airplane flight manual, wet runways
with grooved or porous friction course
surfaces. These corrections are made to
ensure that operators take all relevant
performance factors related to takeoff
operations into account to ensure that
the airplane safely remains within its
weight limitations for a particular
takeoff. This provision would also be
relevant to large powered-lift
determining maximum takeoff weights,
minimum distances, and flight paths
and that utilize wing-borne lift for
takeoff.
Section 135.379(f) sets two
assumptions when calculating takeoff
performance: the airplane is not banked
before reaching a height of 50 feet, and
after that the maximum bank is not
more than 15 degrees. This ensures the
airplane is operated at its maximum
performance capability during the
initial phase of takeoff and climb. This
provision would also be applicable to
powered-lift calculating takeoff
performance using wing-borne lift.
The FAA proposes in § 194.307(ll)
that paragraphs (a) and (d) of § 135.379
apply to large powered-lift. In addition,
the FAA proposes in § 194.307(mm) that
paragraphs (c), (e), and (f) of § 135.379
apply to large powered-lift and that
utilize wing-borne lift during takeoff
and have the takeoff performance
information contained in the aircraft
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flight manual. The FAA finds that the
expected commonalities between
transport category airplane and large
powered-lift operations warrant
application of these provisions to large
powered-lift. The accelerate-stop
distance set forth in § 135.379(c)(1) must
either meet § 25.109 or such
airworthiness criteria as the FAA may
find provides an equivalent level of
safety in accordance with § 21.17(b).
Section 135.381(a) specifies that a
person operating a turbine engine
powered large transport category
airplane must takeoff at a weight,
allowing for normal consumption of fuel
and oil, which will ensure that the
airplane with one engine inoperative
will clear all terrain and obstructions
within its flightpath, which also
includes a horizontal and vertical safety
area. Paragraph (b) lists six assumptions
that must be considered when
computing the net flight path and
required horizontal and vertical safety
areas required by § 135.381(a)(2). Large
powered-lift will conduct en-route
operations similar to transport category
airplanes and this important safety
criteria should apply if one engine were
to become inoperative thereby ensuring
they remain clear of all terrain and
obstructions within their flightpath,
including the required horizontal and
vertical safety areas. The FAA proposes
in § 194.307(nn) that this section be
applicable to large powered-lift.
Section 135.383(c) specifies that a
person operating a turbine engine
powered large transport category
airplane on an intended route will
ensure that the airplane is no more than
90 minutes away from an alternate
airport, or with two engines inoperative
will clear all terrain and obstructions
within its flightpath, which also
includes a horizontal and vertical safety
area. Large powered-lift will conduct en
route operations similar to airplanes and
this important safety criteria should
apply if two engines were to become
inoperative thereby ensuring they
remain clear of all terrain and
obstructions within their flightpath,
including the required horizontal and
vertical safety areas. Additionally, this
section contains assumptions that must
be considered when computing the net
flight path, required horizontal and
vertical safety areas and fuel
requirements, as listed in
§ 135.383(c)(2). Having alternate airports
planned along the route is essential for
en route operations. Therefore, the FAA
proposes in § 194.307(oo) that both
§ 135.383(c)(1) and (2) apply to large
powered-lift.
Section 135.385(a) stipulates that no
person operating a turbine engine
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powered large transport category
airplane may take off at a weight that
(allowing for normal consumption of
fuel and oil in flight to the destination
or alternate airport) if the weight of the
airplane on arrival would exceed the
landing weight as contained in the
Airplane Flight Manual taking in
consideration the elevation of the
destination or alternate airport and the
ambient temperature anticipated at the
time of landing. This regulation
establishes important pre-takeoff
planning criteria that must consider the
maximum landing weight at the
destination or alternate airport to ensure
that the airplane is at a weight that will
allow a landing that is within the
performance capabilities of that aircraft.
This regulation does not allow a turbine
engine powered large transport category
airplane to takeoff at a weight that
would cause it to exceed the maximum
landing weight at either the destination
or alternate airport. This section is
intended to ensure an airplane will not
arrive overweight for landing, and the
subsequent paragraphs (b) through (f)
detail what factors must be applied
when determining the required landing
distances, and these considerations are
equally applicable to large powered-lift.
Therefore, the FAA proposes in
§ 194.307(pp) that paragraph (a) be
applicable to large powered-lift.
Section 135.385(b) specifies that in
order for a person to conduct a takeoff
in a turbine engine powered large
transport category airplane, the airplane
weight on arrival, allowing for normal
consumption of fuel and oil, must allow
a full stop landing at the intended
destination airport within 60 percent of
the effective length of each runway.
Additionally, this paragraph provides
some parameters that must be
considered when calculating the
maximum landing weight, such as: the
airplane being landed in still air on the
most favorable runway and in the most
favorable direction, the airplane being
landed on the most suitable runway
taking into consideration the probable
wind velocity and direction, the ground
handling characteristics of the airplane,
and considering other conditions such
as landing aids and terrain. This rule
provides for a 40 percent safety margin
to help ensure that an airplane can
safely land and prevents a person from
attempting to operate into runways
where there is no margin of error, which
is also important for large powered-lift
that utilize wing-borne lift during
landing.
Therefore, the FAA proposes in
§ 194.307(qq) the paragraph (b)
provision of 60 percent of the effective
runway length be applicable to large
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powered-lift that utilize wing-borne lift
during landing and have landing
performance information in the aircraft
flight manual.
Paragraphs (c) and (e) of § 135.385
provide that a turbopropeller- or
turbojet-powered airplane, respectively,
that would be prohibited from
conducting a takeoff because it could
not be landed on the most suitable
runway considering the probable wind
velocity and direction and the ground
handling characteristics of the airplane,
and considering other conditions such
as landing aids and terrain, may takeoff
if an alternate airport is selected. Under
paragraph (c), the alternate airport must
meet all of the requirements of
§ 135.385, and under paragraph (e), the
alternate airport must meet all the
requirements of paragraph (b) of
§ 135.385. Additionally, paragraph (c)
allows for using 70 percent of the
effective length of the runway at the
alternate airport to determine suitability
of that runway’s length. The FAA does
not have sufficient operational data
regarding powered-lift that conduct
landings that depend on wing-borne lift
to support proposing this provision to
be applied to powered-lift at this time.
Accordingly, the FAA has determined
that the most conservative application
of this provision is appropriate and
§ 135.385(c) will not apply to poweredlift.
Notwithstanding the inapplicability of
paragraph (c), the FAA proposes in
§ 194.307(qq) that paragraph (e) apply to
large powered-lift that conduct landing
operations that depend on wing-borne
lift and have that landing performance
information contained in the aircraft
flight manual.
Section 135.385(d) requires that,
unless approved and included in the
airplane flight manual, a large transport
category turbojet airplane must add an
additional 15 percent margin onto the
landing distance calculated per
§ 135.385(b) when the destination may
be wet or slippery at the estimated time
of arrival. Therefore, the FAA proposes
in § 194.307(qq) that this paragraph be
applicable to large powered-lift that
utilize wing-borne lift during landing
and has landing performance
information contained in the aircraft
flight manual.
Section 135.385(f) provides an option
to those ‘‘eligible on-demand operators’’
which permits an operator operating a
turbine engine powered large transport
category airplane to conduct a takeoff on
an on-demand flight if the operation is
permitted by an approved Destination
Airport Analysis in that operator’s
manual and certain conditions are also
met. Those conditions are that to
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determine the landing weight, the
following are assumed: the airplane is
landed on the most favorable runway
and direction, in still air, and it is
landed on the most suitable runway
considering the probable wind velocity,
direction, the ground handling
characteristics of the airplane, and other
conditions such as landing aids and
terrain. The operator must also have an
approved Destination Airport Analysis
contained in their operations manual.
The eligible on-demand operator
calculates the required runway distance
at 80 percent of the effective length of
the runway. Therefore, the FAA
proposes in § 194.307(qq) this paragraph
be applicable to large powered-lift that
utilize wing-borne lift during landing
and has landing performance
information contained in the aircraft
flight manual.
Section 135.387(a) and (b) sets the
requirements for the required length of
the runway when designating an
alternate airport. This section requires
the selected alternate airport must allow
the airplane to be brought to a full stop
landing based on the weight of the
airplane expected at the time of arrival
at the alternate airport. Turbojet
airplanes require that distance to be
calculated at 60 percent of the effective
length of the runway, turbopropeller
airplanes require 70 percent, and
eligible on-demand operators require 80
percent. Therefore, the FAA proposes in
§ 194.307(rr) that paragraphs (a) and, for
eligible on-demand operators, paragraph
(b), be applicable to large powered-lift
that utilize wing-borne lift during
landing and has landing performance
information contained in the aircraft
flight manual.
Sections 135.389, 135.391, 135.393,
and 135.397 all contain takeoff and
landing limitations for large
nontransport category airplanes. As
described in the discussion in section
IV.A., the FAA determined that for
purposes of this proposal, regulations
applicable to large transport category
airplanes would be applicable to large
powered-lift, because the agency has not
yet established a transport category
standard for powered-lift. Accordingly,
application of these provisions is not
necessary considering the previous
discussion regarding the applicability of
the provisions in this subpart regarding
large transport category airplanes.
Section 135.397(a) and (b) outline the
performance requirements for small
transport category airplanes. This
section requires compliance with
weight, takeoff, and landing limitations
as contained in other sections of subpart
I. This regulation applies to airplanes
that are reciprocating and turbine
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engine powered, and small, which
means 12,500 pounds or less, but yet are
still certificated to the safety standards
of transport category certification
because they have a passenger seating
configuration of more than 19 seats.
Section 135.397(a) is applicable to
reciprocating engine powered airplanes,
and the FAA has previously asserted in
this document that the sections
referenced in paragraph (a) would not
be applicable to powered-lift. Therefore,
the FAA proposes in § 194.307(ss) that
only paragraph (b) be applicable for
small powered-lift that have a passenger
seating configuration of more than 19
seats, that utilize wing-borne lift during
takeoff and landing, and have takeoff
and landing performance information
contained in the aircraft flight manual.
E. Part 136 Rules for Powered-Lift
Enabling powered-lift to be used in
commercial air tours is an appropriate
step in the safe integration of such
aircraft. As discussed in section III, in
the Update to Air Carrier Definitions
NPRM, the FAA proposed expanding
the definitions and applicability of part
136 to accommodate powered-lift and to
ensure that the more stringent safety
risk mitigations afforded in that part
would apply to powered-lift that are
anticipated to be used to conduct
commercial air tours.467 The Update to
Air Carrier Definitions NPRM also
proposed amending references of
‘‘helicopter’’ to ‘‘rotorcraft’’ to ensure
that the part 136 safety standards apply
to other types of aircraft that may
conduct commercial air tours.
Consequently, in this SFAR, except
when referring to existing section titles
or explaining the current regulatory text,
the FAA uses the term ‘‘rotorcraft’’ for
part 136 discussion rather than
‘‘helicopters’’. While the Update to Air
Carrier Definitions NPRM proposed
amendments to certain sections of part
136, to the extent that the proposal
affects powered-lift, it is consistent with
the proposed changes offered in this
NPRM. The amendments offered in both
proposals will be reconciled before each
rule is finalized.
In this proposed SFAR, the FAA
addresses the operational requirements
within part 136. The FAA has analyzed
each of the limitations and requirements
of part 136, subpart A and Appendix A,
and determined the requirements of part
136 that are applicable to all aircraft are
appropriate for operations of poweredlift. Additionally, in § 194.310 of this
SFAR, the FAA proposes applying
certain requirements of part 136 that are
467 See Update to Air Carrier Definitions NPRM,
87 FR 74995 (Dec. 7, 2022).
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specific to helicopters while giving
consideration to powered-lift that may
conduct commercial air tours in the
wing-borne flight mode to ensure clarity
and address the risks associated with
enabling the operation of commercial air
tours in powered-lift.
1. Suitable Landing Area for Helicopters
This proposed rule would apply the
definition of the term ‘‘suitable landing
area for helicopters,’’ codified at § 136.1,
to powered-lift. The current definition
states such an area is one that provides
the operator reasonable capability to
land without damage to equipment or
injury to persons. It further provides
that such areas must be site-specific,
designated by the operator, and
accepted by the FAA. In the Update to
Air Carrier Definitions NPRM, the FAA
proposed amending this definition to
apply more broadly to rotorcraft instead
of only helicopters to ensure those
aircraft are subject to the safety
standards of part 136. It also proposed
removing reference to ‘‘damage to
equipment’’ to instead focus on
preventing ‘‘serious injury to persons’’.
The FAA’s purpose in applying the
definition for suitable landing areas for
rotorcraft to powered-lift is to ensure
powered-lift operators designate
potential landing areas in advance of an
operation, as such designation reduces
the risk of an accident because the PIC
is aware of potential sites for emergency
landings. Further, given the vertical
takeoff and landing capabilities of
powered-lift, they are capable of landing
at locations that would also
accommodate rotorcraft. The FAA
expects operators conducting
commercial air tours in powered-lift to
be able to designate a site-specific
landing area that, when used, would not
cause serious injury to persons.
2. Life Preservers for Over Water
Section 136.9 requires the operator
and PIC of commercial air tours over
water beyond the shoreline to ensure
each occupant is wearing a life
preserver from before takeoff until the
flight is no longer over water. The
regulation provides relief from that
requirement under the following
circumstances as long as the operator
and PIC ensure that a life preserver is
readily available and easily accessible to
each occupant: if the aircraft is
equipped with floats; if the airplane is
within power-off gliding distance to the
shoreline for the duration of the time
that flight is over water; or if the aircraft
is a multi-engine aircraft that can be
operated with the critical engine
inoperative at a weight that will allow
it to climb, at least 50 feet a minute, at
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an altitude of 1,000 feet above the
surface, as provided in the airplane or
rotorcraft flight manual. No life
preserver is required if the overwater
operation is necessary for takeoff or
landing.
The preamble to part 136 states that
life preservers discussed in this rule
apply to both helicopters and airplanes
when operating a commercial air tour
over water.468 The rule also specifies
when life preservers are required to be
available and when they are required to
be worn by all occupants. In the Update
to Air Carrier Definitions NPRM, the
FAA proposed replacing ‘‘Airplane
Flight Manual’’ under § 136.9(b)(3) with
‘‘Aircraft Flight Manual’’ to provide
more flexibility for other aircraft
conducting commercial air tours. If that
NPRM is adopted as final, this reference
would also apply to a powered-lift’s
flight manual.
The exceptions found in § 136.9(b)(1),
which applies to aircraft equipped with
floats, and in paragraph (b)(3), for
multiengine aircraft, currently apply to
powered-lift because powered-lift are
considered ‘‘aircraft.’’ The FAA
proposes to also apply § 136.9(b)(2) to
powered-lift. Paragraph (b)(2) would
apply when a powered-lift is operating
in the wing-borne flight mode within
the power-off gliding distance to the
shoreline. When a powered-lift is
operating in the wing-borne flight mode,
it more closely aligns with the
performance capabilities of an airplane
over water and therefore would have the
ability to glide to shore. Therefore, the
FAA proposes that paragraph (b)(2)
apply to powered-lift, thereby excepting
the operator and PIC of a commercial air
tour over water beyond the shoreline
from requiring each occupant to wear a
life preserver as long as the powered-lift
is within power-off gliding distance of
the shoreline while the aircraft is over
water and in wing-borne flight mode.
3. Helicopter Floats Over Water
Section 136.11 currently permits
single-engine helicopters in commercial
air tours to operate over water beyond
the shoreline only when they are
equipped with fixed floats or an
inflatable flotation system adequate to
accomplish a safe emergency ditching.
Similarly, multiengine helicopters that
cannot be operated with the critical
engine inoperative at a weight that will
allow it to climb at least 50 feet a minute
at an altitude of 1,000 feet above the
surface with an engine inoperative as
provided in the Rotorcraft Flight
Manual (RFM) also must be equipped
468 See National Air Tour Safety Standards; Final
Rule, 72 FR 6884 (Feb. 13, 2007).
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with fixed floats or an inflatable
flotation system. Those helicopters that
are equipped with flotation systems
must have an activation switch for the
flotation system on one of the primary
flight controls and the system must be
armed when the helicopter is over water
and flying at a speed that does not
exceed the maximum speed prescribed
in the RFM. These requirements,
however, do not apply to operations
over water during the takeoff and
landing portions of flight or to
operations within the power-off gliding
distance to the shoreline for the
duration of the flight provided each
occupant is wearing a life preserver
from before takeoff until the aircraft is
no longer over water. In the Update to
Air Carrier Definitions NPRM, the FAA
proposed expanding § 136.11 to
rotorcraft and referencing ‘‘aircraft flight
manual’’ instead of ‘‘Rotorcraft Flight
Manual.’’ In addition, the FAA
proposed clarifying in paragraph (b)(2)
that the flotation system must be armed
when the rotorcraft is over water
‘‘beyond the shoreline’’ and proposed
removing paragraph (d) because the
lead-time date of September 5, 2008, is
no longer relevant.
Extending the aforementioned
requirements of § 136.11 to commercial
air tour operations using powered-lift
when the aircraft is operating in the
vertical-lift flight mode under part 136
would mitigate the risks associated with
emergency water landings. Therefore,
§ 136.11(a)(2), (b), and (c) apply to
powered-lift. Section 136.11(a)(1) would
not apply to powered-lift because, as
stated earlier, all powered-lift coming to
market are currently multiengine, not
single-engine.469 In addition, since the
FAA anticipates powered-lift may be
designed to either auto-rotate or glide,
the FAA proposes to apply this
regulation to powered-lift that are
conducting air tour operations in the
vertical-lift flight mode beyond the autorotational distance or gliding distance
from the shoreline. While these terms
may not seem appropriate for all
powered-lift, the intent is to capture
engine out safe landing distances. This
will ensure the power off landing
capabilities of powered-lift, regardless if
they auto-rotate or glide, are covered by
the regulation. The FAA determined the
risks that are present in rotorcraft
commercial air tours would be similar
to powered-lift operating in the verticallift flight mode. In this regard, poweredlift can create lift in the same manner as
rotorcraft, and the FAA expects they
could be capable of performing a
469 See
section VI.A for discussion regarding
multiengine powered-lift.
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stationary hover in or out of ground
effect. Moreover, when conducting air
tour operations, powered-lift will likely
be used in a manner similar to
rotorcraft. Because powered-lift and
rotorcraft may have similar flight
profiles in air tour operations, they
share common risks during those
operations. The risks that arise with
losing power in an aircraft during air
tour operations over water are serious.
As a result, flotation equipment is an
appropriate requirement to mitigate
these risks.
In regard to the above-mentioned
justification and to increase the
occupants’ chances of survival in the
event of an unplanned landing over
water, the FAA is proposing to apply
this requirement to powered-lift
operations that occur under part 136
when operating in the vertical-lift flight
mode.
4. Helicopter Performance Plans and
Operations
This proposed rule would apply
§ 136.13 to powered-lift. Section
136.13(a) currently requires commercial
air tour operators to complete helicopter
performance plans before each
operation that will occur under part
136.470 The PIC of the operation must
review the plan for accuracy and
comply with it for each flight. Such
performance plans are a key component
of mitigating the risk of commercial air
tour operations, as they require the PIC
to be prepared to respond to unforeseen
events. In the Update to Air Carrier
Definitions NPRM, the FAA proposed
replacing ‘‘helicopter’’ with ‘‘rotorcraft’’
and ‘‘Rotorcraft Flight Manual’’ with
‘‘aircraft flight manual’’ to broaden the
scope of the regulation.
The FAA promulgated the
requirement for performance plans in
2007 based on the need for operators to
conduct preflight planning and for
pilots to have operational knowledge
that is essential to the aircraft being
flown in commercial, passengercarrying operations. In particular, the
FAA emphasized the importance of the
height/velocity (H/V) diagram
component of performance plans.471
This same rationale could apply to
commercial air tours that occur in
powered-lift that have height velocity
information or performance criteria with
avoidance areas related to the
transitions that occur between the
470 This requirement also applies to operations
that occur under §§ 91.146 (‘‘Passenger-carrying
flights for the benefit of a charitable, non-profit, or
community event’’) and 91.147 (‘‘Passenger carrying
flights for compensation or hire’’).
471 National Air Tour Safety Standards, Final
Rule, 72 FR 6884 (Feb. 13, 2007).
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vertical-lift and wing-borne mode. The
FAA realizes that some powered-lift
may only contain height-velocity or
flight mode transition information,
whereas some may contain both types of
information in their aircraft flight
manual. Operators will likely take
advantage of the vertical takeoff, out of
ground effect hovering capabilities, and
out of ground effect slow flight
capabilities of powered-lift at speeds
that do not exceed effective translational
lift airspeed when conducting
operations under part 136.
In the 2007 National Air Tour Safety
Standards rule, the FAA stated that
extended operation within the ‘‘avoid’’
portion of the height/velocity diagram
increases the exposure to the risk of not
being able to execute successfully an
autorotation landing in the event of an
engine failure, or in the case of
multiengine helicopters, a safe oneengine inoperative landing. Therefore,
aviation safety requires that commercial
air tour operators not only plan, but also
operate in accordance with the
performance plan.472 As a result,
operators should be aware of H/V
diagrams or engine out performance
capability as applicable to their aircraft.
Such awareness and planning are
essential in reducing the risk of
accidents.
Consequently, the FAA proposes to
apply § 136.13 to powered-lift in order
to provide an equivalent level of safety
for commercial air tour operators and
PICs using powered-lift to conduct
commercial air tours or to conduct
operations under § 91.146 or § 91.147.
5. Commercial Air Tours in Hawaii
This rule would also apply operating
provisions contained in appendix A to
part 136—Special Operating Rules for
Air Tour Operators in the State of
Hawaii—to powered-lift operations. The
safety standards in part 136 are specific
to commercial air tours and provide
additional risk mitigations for those
operations. As stated in the National Air
Tour Safety Standards final rule, the
FAA determined that minimum,
mandatory safety standards directly
relate to a decrease in the occurrence of
accidents.473 Therefore, in the Update to
Air Carrier Definitions NPRM, the FAA
replaced references to ‘‘helicopter’’ with
‘‘rotorcraft’’ in appendix A to expand
the scope of applicability and to ensure
air tour operations would not pose
additional safety risks, and it also
amended the applicability of appendix
A to include powered-lift. The NPRM
472 National Air Tour Safety Standards; Final
Rule, 72 FR 6883 at 6912 (Feb. 13, 2007).
473 Id. at 6889.
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also proposed to amend the references
to RFMs currently within section 4 of
the appendix to instead read ‘‘aircraft
flight manual’’ in the regulatory text.
Subjecting powered-lift to these safety
standards is appropriate for the same
reasons.
Appendix A previously existed as
SFAR No. 71.474 In 2007, when the FAA
last amended part 136, the FAA
explained that many air tour operations
occur in Hawaii and the Grand Canyon,
and that the rules of SFAR No. 71 had
improved safety.475 The FAA explained
that more restrictive altitude standards
apply to air tours in Hawaii because a
large number of commercial air tour
flights occur ‘‘in a relatively small
amount of airspace’’ and other
demonstrated hazards exist.476 As one
commenter noted, many Hawaiian
operations occur over large bodies of
water and water conditions in Hawaii
are ‘‘rough, unlike the conditions in
other parts of the country’’ in which
operators conduct air tours.477 The
appendix A requirements are equally
important for air tour operations in
aircraft other than helicopters. The
FAA’s rationale for extending the
requirements and provisions of
appendix A to powered-lift remains
consistent with the rationale the FAA
expressed in its 2007 rule. Enabling
powered-lift to be used in commercial
air tours is an appropriate step in the
safe integration of such aircraft.
Section 1 of appendix A
(‘‘Applicability’’) currently states, ‘‘This
appendix prescribes operating rules for
airplane and helicopter visual flight
rules air tour flights conducted in the
State of Hawaii under 14 CFR parts 91,
121, and 135.’’ 478 The appendix also
defines air tour as ‘‘any sightseeing
flight conducted under visual flight
rules in an airplane or helicopter for
compensation or hire.’’ 479 The Update
to Air Carrier Definitions NPRM 480
addressed section 1 of appendix A. In
the Update to Air Carrier Definitions
NPRM, the FAA determined the existing
criteria and requirements of appendix
474 Air Tour Operators in the State of Hawaii, 59
FR 49138 (Sep. 26, 1994).
475 National Air Tour Safety Standards; Final
Rule, 72 FR 6883 at 6889 (Feb. 13, 2007),
acknowledging that while multiple reasons existed
for the accident rate improvement in Hawaii and
other parts of the country, the provisions of SFAR
No. 71 had a positive impact on safety.
476 Id. at 6891.
477 Id. at 6903.
478 The section includes a paragraph that
specifically excludes from its applicability ‘‘[f]lights
conducted in gliders or hot air balloons.’’ 14 CFR
part 136, appendix A, section 1(b).
479 Id. section 2.
480 Update to Air Carrier Definitions, NPRM, 87
FR 74995 (Dec. 7, 2022).
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A, section 1, are appropriate to apply to
powered-lift. The NPRM also addressed
the definitions in section 2 by
expanding ‘‘air tour’’ to include
sightseeing flights conducted under VFR
in a powered-lift.
In this SFAR, the FAA also proposes
applying section 3 to powered-lift.
Subject to two exceptions, section 3 of
appendix A currently requires flotation
equipment for air tour operations that
occur in Hawaii in single-engine
helicopters beyond the shore of any
island, regardless of whether the
helicopter is within auto-rotational
distance 481 of the shore. Each person
onboard the helicopter must wear
approved flotation gear. This
requirement, however, does not apply to
helicopters that are amphibious or that
are equipped with floats adequate to
accomplish a safe emergency ditching
and when the approved flotation gear is
easily accessible for each occupant.
Section 3 also does not apply if each
person onboard is wearing approved
flotation gear. This proposed rule would
extend this requirement to apply to
operations that occur in powered-lift.
Applying the requirement for flotation
equipment would increase the
likelihood of surviving in the event of
a water landing. These requirements
were created specifically for Hawaii due
to the rugged terrain. Extending this
requirement to all powered-lift
operators conducting air tours in Hawaii
beyond the shore of any island is
appropriate because powered-lift will
likely operate in a manner that is similar
to rotorcraft when conducting air tour
operations in Hawaii.
This proposed rule would apply
section 4 of the appendix—the
requirement for performance plans—to
powered-lift. Section 4 currently applies
only to operators of helicopters and
requires operators to complete
performance plans based on information
in the RFM, considering the maximum
density altitude for which the operation
is planned for the flight. As discussed
above with the requirement of § 136.13,
the performance plan must consider all
those criteria outlined in paragraphs (a)
through (c). Applying this performance
plan requirement to operators of
powered-lift conducting air tours in
Hawaii would ensure the operator
conducting the operation is aware of the
necessary information concerning the
481 In general, autorotational distance is the
horizontal distance a rotorcraft can maneuver
laterally, while descending without power. See 14
CFR 1.1 (definition of ‘‘autorotation’’). Factors
affecting this distance include: initial altitude above
the surface, density altitude, winds, auto-rotation
entry airspeed, horizontal airspeed, rotor pitch,
aircraft weight, and rotor design.
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aircraft and the intended operation. This
requirement is an appropriate risk
mitigation measure for powered-lift
because the FAA anticipates poweredlift will generally operate in a manner
consistent with how rotorcraft operate
when conducting air tours in Hawaii.
Environmental conditions relevant to
the altitude and temperature of the
operation are critical considerations in
ensuring safety of flight because both
affect the performance of the aircraft.
Operators’ performance plans would
ensure operators’ awareness of how
conditions could affect the flight; as a
result, operators will be in a position to
make appropriate contingency plans
and make suitable decisions should they
encounter hazards during an air tour
operation.
Similarly, the FAA proposes that the
operating limitations of section 5 of part
136, appendix A (Helicopter Operating
Limitations), apply to powered-lift.
Section 5 requires the PIC to operate at
a combination of height and forward
speed that would permit a safe landing
in the event of engine power loss in
accordance with the height-speed
envelope under current weight and
aircraft altitude. The FAA proposes
applying section 5 to powered-lift
conducting commercial air tours that
have height velocity information
contained within their aircraft flight
manuals. Applying such requirements
to powered-lift is appropriate because
operations conducted under appendix A
in powered-lift will likely occur in a
manner that is similar to operations
presently conducted in rotorcraft. In this
regard, the FAA expects powered-lift
will hover and have other operating
characteristics similar to rotorcraft when
conducting air tours. This section, in
particular, is important because engine
power loss could have detrimental
consequences; as a result, powered-lift
may require quick landings in response
to engine failures. An appropriate
means of mitigating the risk associated
with an engine power loss is to require
the PIC to operate the aircraft in a
manner that permits the PIC to land
safely. Such aspects are unique to the
type of aircraft and the circumstances of
the operation. As a result, the FAA
determined the proposed inclusion of
powered-lift in this requirement would
be a suitable risk mitigation measure.
Part 136, appendix A, section 6,
Minimum flight altitudes, and section 7,
Passenger briefing, currently apply in
general terms to air tour flights in
Hawaii and do not specify the type of
aircraft used for such flights. Therefore,
amending these sections to apply to
additional types of aircraft is not
necessary; the minimum flight altitudes
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and passenger briefing requirements
would apply to all air tour flights in
Hawaii, regardless of the aircraft used in
such flights.482
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F. Part 43 Applicability to Powered-Lift
Part 43 prescribes rules governing the
maintenance, preventive maintenance,
rebuilding, and alteration of any aircraft
having a U.S. airworthiness certificate;
foreign-registered civil aircraft used in
common carriage or carriage of mail
under the provisions of part 121 or 135;
and airframe, aircraft engines,
propellers, appliances, and component
parts of such aircraft.483 As discussed
previously, the regulations under title
14 of the Code of Federal Regulations
that reference ‘‘aircraft’’ currently apply
to powered-lift. Sections 43.2, 43.5,
43.10, 43.11, 43.12, 43.13, and 43.17
and appendix F to part 43 all apply to
‘‘aircraft’’, and, accordingly, to poweredlift.
Sections 43.1, 43.3, 43.7, 43.9, and
43.15 and appendices A, B, D, and E to
part 43 all refer to aircraft, which
include powered-lift, but some
paragraphs within these sections are
specific to airplane, rotorcraft,
propellers, and helicopter, which the
FAA reviewed to determine which of
those regulations would also be
appropriate to apply to powered-lift.
The FAA determined that it would be
appropriate to apply §§ 43.3(h) and
43.15(b) to powered-lift as described in
the paragraphs that follow.
Section 43.3(h) states that the
Administrator may approve a part 119
certificate holder, operating rotorcraft in
a remote area under part 135, to allow
a pilot to perform specific preventive
maintenance items, under certain
limitations, when no certificated
mechanic is available and an
unscheduled malfunction occurs. The
preamble for this rule indicated that a
part 119 certificate holder that operates
rotorcraft in remote sites under part 135
can allow an appropriately trained and
482 In the FAA’s National Air Tour Safety
Standards rule, the FAA emphasized the
importance of passenger briefings for overwater
operations. Id. at 6902. The FAA cited a 1999 report
from the Department of Transportation’s Office of
Inspector General, Oversight of the Air Tour
Industry, Report No. AV–1999–099 (May 28, 1999),
available at https://www.oig.dot.gov/library-item/
30819. That report cites one air tour accident flight
that occurred in Hawaii, in which three fatalities
resulted when occupants were not able to use life
preservers that were located in their containers
beneath each seat. Ensuring aircraft remain at
minimum safe altitudes provides an additional
safety margin for dealing with in-flight emergencies;
as the FAA stated in National Air Tour Safety
Standards, the FAA imposes more restrictive
altitude standards for air tours in Hawaii due to the
large volume of commercial air tour flights in a
relatively small amount of airspace.
483 14 CFR 43.1.
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authorized pilot to perform preventive
maintenance as defined in § 1.1 and as
listed in appendix A to part 43.484 The
FAA expects a pilot who is trained
under the requirements of § 43.3(h)
would provide the same level of
competency as a certificated mechanic
when performing the authorized
preventive maintenance function.485
The pilot, who is required to complete
an approved training program, performs
the specific preventive maintenance
items under the direct control of the
certificate holder’s preventive
maintenance program. Some poweredlift may operate in remote areas and
would consequently experience the
same challenges that exist for rotorcraft
when an unscheduled malfunction
occurs. Therefore, the FAA proposes in
§ 194.402 that the preventive
maintenance protocols outlined in
§ 43.3(h) also apply to certificate holders
under part 135 operating powered-lift in
remote areas.
In addition to § 43.3(h), § 43.15(b)
requires the person performing an
inspection required by part 91 on a
rotorcraft to inspect certain aircraft
system(s) in accordance with the
manufacturer’s maintenance manual or
Instructions for Continued
Airworthiness. The systems listed under
§ 43.15(b) are generally considered
systems comprised of ‘‘critical parts’’ as
defined in §§ 27.602 and 29.602.486 The
FAA proposes applying § 43.15(b) to
persons performing an inspection
required by part 91 on a powered-lift.
Those parts that the powered-lift
manufacturer has identified as ‘‘critical
parts’’ used for flight will be a required
inspection item and will be identified
and listed in the aircraft manufacturer’s
maintenance manual. Powered-lift are
new entrant aircraft, and as a result, the
FAA does not have the information to
know all the systems on any given
powered-lift that may be considered a
critical part. In determining critical
parts, the manufacturer must consider a
flight safety-critical aircraft part list
which, if nonconforming, missing, or
degraded, could cause a catastrophic
failure resulting in loss of, or serious
damage to, the aircraft or an
484 See Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40692 at 40702 (Nov. 7, 1986).
485 See Rotorcraft Regulatory Review Program
Amendment No. 5; Operations and Maintenance, 51
FR 40692 (Nov. 7, 1986).
486 Sections 27.602 and 29.602 define a ‘‘critical
part’’ as ‘‘a part, the failure of which could have a
catastrophic effect upon the rotorcraft, and for
which critical characteristics have been identified
which must be controlled to ensure the required
level of integrity.’’ The procedures referenced in
§§ 27.602(b) and 29.602(b) will be addressed during
the § 21.17(b) certification process.
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uncommanded engine shutdown
resulting in an unsafe condition. The
characteristic can be critical in terms of
dimension, tolerance, finish, or
material; an assembly, manufacturing,
or inspection process; or an operation,
maintenance, or overhaul requirement.
Examples of critical part(s) may include
a multi-computer aircraft system with a
high level of automation in order to
aviate, navigate, or communicate or
integrated flight control/navigation
systems with advanced fly-by-wire
flight control system that utilizes
electronically operated controls with no
direct mechanical link from the pilot to
the control surfaces. For powered-lift
with critical parts, a type design must
include a critical parts list and define
the critical design characteristics,
identify processes that affect those
characteristics, and identify the design
change and process change controls
necessary for showing compliance with
the quality assurance requirements of
part 21. Consequently, the FAA
proposes to apply § 43.15(b) to persons
performing an inspection required by
part 91 on powered-lift ‘‘critical parts’’,
as outlined in the aircraft
manufacturer’s maintenance manual or
that the FAA otherwise deems
appropriate, in order to provide an
equivalent level of safety to those
aircraft. The FAA invites comments to
understand the types of systems and
critical parts expected to comprise
powered-lift.
Additionally, the FAA will evaluate
the existing airman certification testing
standards under part 65 for mechanics
and repairmen to determine if any
revisions to those standards are
necessary to incorporate powered-lift
and, if any updates are necessary,
promulgate those updates to correspond
with the issuance of the final rule.
G. Pilot Records Database
Part 111 prescribes rules governing
the use of the Pilot Records Database
(PRD). The PRD facilitates the sharing of
pilot records among air carriers and
other operators in an electronic data
system managed by the FAA.487 Part
111 requires air carriers, specific
operators holding out to the public,
entities conducting public aircraft
operations, air tour operators, fractional
ownerships, and corporate flight
departments to enter relevant data on
individuals employed as pilots into the
PRD. The PRD is intended to help
maintain records about a pilot’s
performance with previous employers
that could influence a future employer’s
487 See Pilot Records Database, 86 FR 31006 (Jun.
10, 2021).
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hiring decision.488 Section 111.1
outlines part 111 applicability.
Specifically, § 111.1(b)(4) introductory
text states that part 111 applies to an
operator that operates two or more
aircraft described in paragraphs (b)(4)(i)
and (ii), solely pursuant to the general
operating rules in part 91, or that
operates aircraft pursuant to a Letter of
Deviation Authority issued under
§ 125.3. Paragraphs (b)(4)(i) and (ii)
apply to standard airworthiness
airplanes that require a type rating
under § 61.31(a) and turbine-powered
rotorcraft, respectively. The FAA refers
to the operators outlined under
§ 111.1(b)(4) as ‘‘corporate flight
departments.’’ 489
The FAA proposes to require
reporting by corporate flight
departments that operate large poweredlift pursuant to the general operating
and flight rules in part 91 or pursuant
to a Letter of Deviation Authority issued
under § 125.3. Section 111.1(b)(4)(i)
applies to airplanes that require a type
rating under § 61.31(a) (or similar in the
case of paragraph (b)(4)(ii) for turbinepowered rotorcraft). Currently, a large
powered-lift requires a type rating under
§ 61.31(a)(1) 490 and is therefore similar
to the airplanes that require a type
rating under § 111.1(b)(4)(i). In addition,
the FAA expects that pilots of large
powered-lift may go on to work for an
air carrier in the future. Reporting these
pilot records would be relevant to a
future hiring air carrier. Therefore, the
FAA proposes permanently amending
§ 111.1(b)(4) to include a new paragraph
(b)(4)(iii) that applies to large poweredlift. This proposal aligns with the
current requirements and intent of
§ 111.1(b)(4) and the type rating
requirements under § 61.31(a).
VII. Air Traffic Operations
The FAA will leverage its existing
standards and procedures used today for
aircraft for powered lift air traffic
operations. The FAA develops air traffic
standards and procedures including
those governing the separation of
aircraft by ATC. Air traffic services are
administered for the purpose of
ensuring the safe, orderly, and
expeditious flow of air traffic. The
standards and procedures may differ
based upon factors such as the
classification of airspace and aircraft.
Currently, there are separation
standards that apply differently to
488 Id.
489 Id.
490 Section 61.31(a)(1) states that a person who
acts as a PIC of any ‘‘large aircraft (except lighterthan-air)’’ must hold a type rating for that aircraft.
Because powered-lift are considered ‘‘aircraft’’, this
requirement currently applies to large powered-lift.
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certain aircraft. The FAA is in the
process of identifying and implementing
any necessary updates to the existing
separation standards that capture
powered lift operations.
The air traffic separation standards
are contained in Air Traffic Order (JO)
7110.65, Air Traffic Control. Currently,
the Order explicitly addresses
separation standards and procedures for
how ATC handles ‘‘aircraft’’ and
provides alternative handling
procedures for aircraft classified as a
‘‘helicopter’’. JO 7360.1, Aircraft Type
Designators, provides standard
abbreviations (aircraft type designators)
for the most common aircraft that are
provided with air traffic services. JO
7360.1 identifies those aircraft
considered to be helicopters for the
purpose of applying ATC procedures as
per JO 7110.65. The FAA is considering
the need to update how the JO 7110.65
procedures may need to be amended to
accommodate new or differing aircraft
types certified as powered-lift.
The Air Traffic Organization (ATO) is
working closely with their partners in
Aviation Safety (AVS) to update the
standards and procedures contained in
JO 7110.65 to address those aircraft
certified as powered lift to ensure that
they can operate safely and efficiently in
the NAS. Aircraft are currently
separated by classification (Weight) and
categorization (Wake). Another factor is
the distance the aircraft are from the
surveillance radar antenna source that is
interrogating the aircraft. Although
aircraft manufacturers provide the FAA
with data to make initial
determinations, the Office of NextGen
performs an analysis of the data along
with AVS to establish wake separation
standards. The ATO continuously
monitors NAS operations and event data
to ensure these standards are not
adversely affecting safety of NAS
operations.
While the ATO takes the necessary
steps to update the standards and
procedures for powered lift aircraft, the
standards and procedures which apply
to aircraft, which is defined in § 1.1 as
a device that is used or intended to be
used for flight in the air, continue to
apply to powered-lift.
The ATO stood up a FAA crossline of
business team that routinely meets, in
part, to exchange information, identify
gaps in knowledge and identify
potential solutions, and conduct a
review of the existing separation
standards to make recommendations
and support the integration of poweredlift. The team plans to consider
information such as aircraft
maneuverability and other performance
characteristics when discussing whether
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updates are needed to better account for
any performance unique to powered-lift.
The team’s goal is to accomplish the
necessary initial updates prior to
powered-lift entering into commercial
service.
As the recommendations are
developed, the Office of Primary
Responsibility or designated
representatives will coordinate the
recommendations for review and
clearance as appropriate. During the
review process, the Office of Safety and
Technical Training may determine that
a Safety Risk Management panel is
necessary due to the impact of the
recommended changes on the NAS.
While the powered-lift SFAR will
fully enable powered-lift operations, the
FAA will continue to review and evolve
the rules and procedures as powered-lift
performance and operational tempo
evolve over time. Updates to JO 7110.65
will enable powered-lift operations by
accounting for them in existing
procedures and standards, while also
establishing new procedures for their
unique VTOL performance capabilities.
The FAA acknowledges that the safety
and efficiency of these operations is
critical in ensuring the success of the
industry.
VIII. International Operations for
Powered-Lift
The FAA’s policy is to meet the U.S.
obligations under the Convention on
International Civil Aviation (‘‘Chicago
Convention’’) by conforming to the
International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices (SARPs) to the
maximum extent practicable. ICAO
annexes contain the international
SARPs for safety, regulation, and
efficiency of air navigation. The Chicago
Convention ensures that certificates of
airworthiness, certificates of
competency, and licenses are
recognized by other Member States as
long as the issuing States meet the
minimum ICAO standards. The Member
States’ Civil Aviation Authorities each
integrate the ICAO SARPs into their
national legal frameworks and practices
and are responsible for regulatory
oversight.
A. Personnel Licensing
Part 61 prescribes the requirements
for the issuance of pilot, flight
instructor, and ground instructor
certificates, as well as the privileges and
limitations of such. ICAO Annex 1
provides the SARPs for personnel
licensing, including those for pilot and
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instructor licensing for powered-lift.491
Absent the establishment of classes, the
ICAO Annex 1 SARPs dictate 492 that
pilots and flight instructors must hold a
powered-lift type rating for the
powered-lift they operate when
conducting international operations.493
As discussed in section V.A of this
preamble, the FAA proposes in this
SFAR that, because each powered-lift
may have complicated and distinctive
operating equipment and
characteristics, it is not feasible at this
time to establish classes within the
powered-lift category. If the FAA were
to generalize the training requirements
based on the classification of poweredlift, the training requirements would not
sufficiently address the unique
characteristics of each powered-lift that
require specific powered-lift training
and testing to determine pilot
competency in flying the aircraft.
Instead, the FAA proposes that pilots
must hold a type rating to serve as PIC
for each type of powered-lift. Therefore,
the FAA’s proposal complies with the
standard dictated in ICAO Annex 1.
ICAO also sets forth
recommendations 494 for the issuance of
a powered-lift category rating on a
private pilot license, commercial pilot
license, and ATP license.495
Specifically, these provide
recommended flight hours of
experience, including solo flight time,
cross-country flight time, and night
flight time, as applicable; and flight
instruction time, including areas of
operational experience. Additionally,
these recommendations encourage a
licensing authority to determine
whether experience as a pilot in other
categories of aircraft or under
instruction in an FSTD are acceptable in
obtaining a powered-lift category rating.
The FAA acknowledges these
recommendations and has proposed
regulations in this SFAR, as explained
in this preamble, that the FAA has
determined will ensure a sufficient level
491 Annex 1 to the Convention on the
International Civil Aviation, Personnel Licensing,
General rules concerning licenses, 1.2 (Jul. 2022).
492 Annex 1 defines Standards, in pertinent part,
as specifications that are recognized a necessary for
the safety or regularity of international air
navigation and to which Contracting States will
conform in accordance with the Convention.
493 Annex 1 to the Convention on the
International Civil Aviation, Personnel Licensing,
Circumstances in which class and type ratings are
required, section 2.1.1.4 (Jul. 2022).
494 Annex 1 defines Recommended Practices, in
pertinent part, as any specification of which the
uniform application is recognized as desirable in
the interest of safety, regularity, or efficiency of
international air navigation, and to which
Contracting States will endeavor to conform in
accordance with the Convention.
495 Annex 1, sections 2.3.5, 2.4.5, 2.6.5.
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of safety, while considering such
recommendations. Should these ICAO
recommendations become standards in
the future, the FAA will undertake
measures to align with ICAO standards
as a Member State as practicable.
The FAA also notes that ICAO sets
forth recommended transitional
measures to ensure Member States have
adequate time to implement pilot
licensing requirements for powered-lift.
Specifically, in the transitional
measures, section 2.1.1.4 states that a
licensing authority may endorse a type
rating for a powered-lift category on an
existing airplane or helicopter pilot
license (i.e., certificate). Should a
licensing authority implement this
endorsement, the endorsement must
indicate the aircraft is part of the
powered-lift category and must result
from training during a course of
approved training. Additionally, the
training must consider previous
experience in an airplane or helicopter,
as appropriate, and incorporate all
relevant operational aspects of a
powered-lift. The FAA is not
implementing this permissive
transitional measure; rather, through
this SFAR, the FAA is facilitating
alternative measures for a pilot to
directly receive a powered-lift category
rating and a powered-lift type rating
instead of adding an endorsement for
the type rating to an existing airplane or
helicopter certificate. However, as
discussed in this preamble, these
alternative measures to receive a
powered-lift category and type rating
would be completed during a course of
approved training (i.e., part 135, 141, or
142) and would take previous
experience of an applicant in an
airplane or helicopter into account, as
appropriate.496
B. Operations of Aircraft
Under the Chicago Convention, flights
operating in international airspace over
the high seas must also follow the
international standards set forth in
ICAO Annex 2.497 ICAO Annex 2
contains the standards applicable to the
flight and maneuver of civil aircraft
operating over the high seas and over
national territories to the extent that
they do not conflict with the rules of the
State over which they are flying.498
ICAO Annex 2 was incorporated by
496 For more information on how the FAA will
consider previous aeronautical experience for
powered-lift pilots, see section V.A.
497 Incorporation by Reference (IBR) of ICAO and
Annex (Updates Existing IBR; Removal of North
Atlantic (NAT) Minimum Navigation Performance
Specifications (MNPS).
498 Id.
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reference into § 91.703, effective August
18, 1990,499 and is also cited in § 135.3.
U.S. operators intending to operate
powered-lift over the high seas must
comply with the applicable
requirements of ICAO Annex 2. While
in foreign airspace, operators must
follow the rules and regulations of those
countries as specified in § 91.703 or
§ 135.3 and ICAO Annex 2. Though
Annex 2 is silent on powered-lift, its
standards are applicable to ‘‘aircraft.’’
Annex 2 defines aircraft as ‘‘any
machine that can derive support in the
atmosphere from the reactions of the air
other than the reactions of the air
against the earth’s surface.’’ 500 Given
Annex 2’s general application to
aircraft, U.S. operators would be able to
conduct their operations over the high
seas so long as the PIC is operating in
accordance with the Rules of the Air in
Annex 2. However, U.S. air carriers
seeking to operate powered-lift in
foreign airspace must follow the rules
and regulations of those states.
Section 129.5(b) of title 14 requires
foreign air carriers conducting
operations in the U.S. to conduct their
operations in accordance with the
Standards in Annex 1 (Personnel
Licensing); Annex 6 (Operation of
Aircraft); part I (International
Commercial Air Transport—Aeroplanes)
or part III (International Operations—
Helicopters), as appropriate; and in
accordance with Annex 8
(Airworthiness of Aircraft) to the
Convention on International Civil
Aviation. To ensure an adequate level of
safety for part 129 operators, the FAA
issues operations specifications to
identify restrictions, limitations, and
U.S. airspace requirements, including
navigation differences. Annex 6
currently does not contain standards for
powered-lift operations, consequently
restricting the FAA’s ability to propose
any changes to part 129 for foreign air
carriers seeking to operate in the U.S.501
C. Airworthiness of Aircraft
Annex 8 does not address poweredlift 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 poweredlift since no minimum international
standards have been established. No
499 Revision of General Operating and Flight
Rules, 54 FR 34320 (Aug. 18, 1989).
500 Annex 2 to the Convention on International
Civil Aviation, Rules of the Air, Definitions, 1–2
(Jul. 2005).
501 Operations specifications, 14 CFR 129.5(b).
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revision of ICAO Annex 8 design
standards for powered-lift has been
initiated by ICAO. ICAO Document
10103, Guidance on the Implementation
of ICAO Standards and Recommended
Practices for Tilt-rotors, sets forth basic
guidance relative to large turbinepowered tilt-rotors (a kind of poweredlift); however, this document does not
address electric-powered tilt-rotors or
other types of powered-lift.
Under § 21.17(b), the FAA designates
powered-lift as special class aircraft for
type certification and applies
airworthiness criteria that meet an
equivalent level of safety to the existing
airworthiness standards.502 In addition,
these special class aircraft are eligible
for a standard airworthiness certificate
under § 21.183. As such, the FAA
intends to apply airworthiness criteria
for powered-lift under § 21.17(b) that
comply with the intent of ICAO Annex
8 to the Chicago Convention since
design standards for these aircraft have
not yet been developed.
IX. Regulatory Notices and Analyses
Federal agencies consider impacts of
regulatory actions under a variety of
executive orders and other
requirements. First, Executive Order
12866 and Executive Order 13563, as
amended by Executive Order 14094
(‘‘Modernizing Regulatory Review’’)
direct that each Federal agency shall
propose or adopt a regulation only upon
a reasoned determination that the
benefits of the intended regulation
justify the costs. Second, the Regulatory
Flexibility Act of 1980 (Pub. L. 96–354)
requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act (Pub. L. 96–39)
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
that may result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation) in any one year. The
current threshold after adjustment for
inflation is $177 million using the most
current (2022) Implicit Price Deflator for
502 For more information on the certification of
powered-lift, see section IV.A.
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the Gross Domestic Product. The FAA
has provided a detailed Regulatory
Impact Analysis (RIA) in the docket for
this rulemaking. This portion of the
preamble summarizes the FAA’s
analysis of the economic impacts of this
rule.
In conducting these analyses, the FAA
has determined that this proposed rule:
(1) will result in benefits that justify
costs; (2) is not an economically
‘‘significant regulatory action’’ as
defined in section 3(f) of Executive
Order 12866; (3) will not create
unnecessary obstacles to the foreign
commerce of the United States; and (4)
will not impose an unfunded mandate
on State, local, or tribal governments, or
on the private sector.
A. Data and Assumptions
This Special Federal Aviation
Regulation proposes alternate eligibility
requirements to safely certificate initial
groups of powered-lift pilots, as well as
determine which operating rules to
apply to powered-lift on a temporary
basis to enable the FAA to gather
additional information and determine
the most appropriate permanent
rulemaking path for these aircraft. The
analysis for the regulatory evaluation is
based on the following assumptions and
data sources.
• The FAA uses a 10-year time period
of analysis.503 The analysis uses 2022
constant dollars. Year 1 of the period of
analysis, which would correlate with
the effective date of the proposed rule,
is used as the base year.
• The analysis provides a range of
costs from low to high. The FAA
considers the primary estimate of net
impacts of the rule to be the base
scenario.
• It is estimated that it would cost an
individual approximately $22,124 to
accomplish the training and testing
required for a type rating.504 The FAA
believes that in many circumstances,
this training and testing would be at the
expense of an operator using poweredlift in its operations.
• Operational rules under parts 43,
91, 97, 135, and 136 that are applicable
to aircraft continue to be applicable to
powered-lift because powered-lift meet
the definition of an aircraft in § 1.1.
503 In addition, the FAA acknowledges
uncertainty in estimating incremental impacts of
this proposed rule since the FAA has yet to type
certificate a powered-lift.
504 The estimated cost for this provision is
detailed in the regulatory impact analysis prepared
for this SFAR.
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Otherwise, the more conservative
airplane specific operational rules will
apply to powered-lift, with limited
exceptions.
• The FAA uses a three percent and
seven percent discount rate to quantify
present value costs and cost savings as
prescribed by OMB in Circular A–4. The
pilot forecast below were used to
estimate costs of the proposed SFAR.505
B. Summary of the Regulatory Impact
Analysis
The powered-lift currently
undergoing the type certification
process are comparatively different
compared to the powered-lift proposed
during the 1990’s. Currently,
manufacturers are proposing aircraft
and operations that were not
conceptualized in the 1997 rulemaking
that introduced the powered-lift
category of aircraft into the airmen
certification rules. When these rules
were introduced, it was the FAA
intention to initiate further rulemakings
to develop operational rules for
powered-lift. However, these intentions
never came to fruition.
If powered-lift were available for civil
operations today, they would not be
subject to operating rules that are
specific to an aircraft category or class.
Instead, the only rules that would apply
are the part 91 rules that are specific to
‘‘aircraft.’’ Through this SFAR, the FAA
seeks to provide operating rules
applicable to powered-lift and to
provide a pathway for pilots to obtain
powered-lift ratings through alternate
aeronautical experience requirements
and expanded logging provisions. The
regulatory evaluation portion of this
SFAR evaluates the economic impact of
the proposed amendments.
The table below presents the
regulations proposed by this rule on an
amendment-by-amendment basis. The
first column of the table identifies the
affected part; the second column
identifies the section and/or paragraph
being amended; and the last column
identifies the impact of the proposed
change. The table is designed to quickly
inform the reader of the proposed
change and its resulting impact.
Amendments with little to no impact
are excluded from the table.
505 OMB Circular A–4, Regulatory Analysis
(2003), https://www.whitehouse.gov/wp-content/
uploads/legacy_drupal_files/omb/circulars/A4/a4.pdf.
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TABLE 11—SFAR—PROPOSED AMENDMENTS
Section
Proposed amendment
Part 43—Maintenance, Preventive
Maintenance, Rebuilding, & Alterations.
Impact
§ 43.3(h) Persons authorized to perform maintenance, preventive
maintenance, rebuilding, and alterations.
§ 43.15(b) Additional performance rules for inspections .......................
Part 91—General Operating and
Flight Rules.
Part 91—General Operating and
Flight Rules.
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Part 91—General Operating and
Flight Rules.
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§ 91.9(a)(b) Civil aircraft flight manual ...................................................
§ 91.103(b)(1) Preflight action.
§ 91.109 Flight instruction; Simulated instrument flight.
§ 91.151 Fuel requirements for flight in VFR conditions.
§ 91.167 Fuel requirements for flight in IFR conditions.
§ 91.205(b)(11) Anti-collision lights.
§ 91.205(b)(14) Shoulder harness, restraint system.
§ 91.207 Emergency locator transmitters.
§ 91.215 ATC transponder and altitude reporting equipment and
use.
§ 91.219 Altitude alerting system or device.
§ 91.223 Terrain awareness and warning.
§ 91.313 Shoulder harness, restraint system.
§ 91.409 Inspection programs.
§ 91.411 Altimeter system and altitude reporting.
§ 91.501 Applicability.
§ 91.503 Flying equipment and operating information.
§ 91.505 Aircraft flight manual.
§ 91.507 Equipment required for over-the-top or night VFR ops.
§ 91.509 Survival equipment.
§ 91.511 Communications and navigation.
§ 91.513 Emergency equipment.
§ 91.517 Passenger information, seatbelts/non-smoking.
§ 91.519 Oral briefing.
§ 91.521 Safety equipment requirements.
§ 91.523 Requirements for storage of carry-on baggage.
§ 91.525 Requirements for storage of cargo.
§ 91.527 Requirements for operating in icing conditions.
§ 91.529 Flight engineer requirements.
§ 91.531 Second-in-command requirements.
§ 91.533 Flight attendant requirements.
§ 91.603 Aural speed warning device.
§ 91.605 Transport category civil airplane weight limitations.
§ 91.609 Flight data recorders and cockpit voice recorders.
§ 91.613 Materials for compartment interiors.
§ 91.1041 Proving and validation tests.
§ 91.1045 HTAWS and thunderstorm detection equipment.
§ 91.1065 Initial and recurrent pilot testing requirements.
§ 91.107(a)(3) Use of restraint systems
§ 91.205(d)(3) U.S. airworthiness certificates: Instrument and equipment requirements.
§ 91.213 Inoperative instruments and equipment.
§ 91.113(d)(2) and (3) Right-of-way rules .............................................
§ 91.126(b)(1) and (2) Operating in Class G: Direction of turns.
§ 91.129 Operations in Class D airspace—approaches.
§ 91.131 Operations in Class B airspace.
§ 91.155 Basic VFR weather minimums.
§ 91.157 Special VFR weather minimums.
§ 91.169 IFR flight plan: Information required.
§ 91.175 Takeoff and landing under IFR.
§ 91.515 Rules for appropriate flight altitudes.
§ 91.611 Authorization for ferry flight with one engine—not allowed
by SFAR.
§ 91.1037 Limitations; destination and alternate airports.
§ 91.1039 IFR takeoff, approach and landing minimums.
§ 91.1055 Pilot operating limitations and pairing requirement.
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Provides relief to operators of
powered-lift on a scale that is
equivalent to the relief provided
to operators of rotorcraft.
Imposes a regulatory burden on
operators conducting poweredlift operations on a scale no
greater than that imposed on
like operators conducting operations with rotorcraft.
Imposes costs on operators of
powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft.
Provides relief to operators of
powered-lift on a scale equivalent to the relief provided to operators of airplanes or rotorcraft.
Imposes costs on operators of
powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft.
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TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued
Section
Proposed amendment
Part 91 .............................................
§ 91.126(c) Operating
§ 91.129 Operations
§ 91.129 Operations
§ 91.129 Operations
Part 97—Standard Instrument Procedures.
Part 135—Operating Requirements
Commuter and On-Demand Operations and Rules Governing
Persons on Board Such Aircraft.
§ 97.3. Copter procedures .....................................................................
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Part 135—Operating Requirements
Commuter and On-Demand Operations and Rules Governing
Persons on Board Such Aircraft.
Part 135—Operating Requirements
Commuter and On-Demand Operations and Rules Governing
Persons on Board Such Aircraft.
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in
in
in
in
Class
Class
Class
Class
Impact
G airspace—flap settings ....................
D airspace—minimum altitudes.
D airspace—departures.
D airspace—noise abatement.
§ 135.4 Applicability of rules for eligible on-demand operations ........
§ 135.23(r)(7) Manual contents.
§ 135.93 Minimum altitudes for use of autopilot.
§ 135.100 Flight crewmember cuties.
§ 135.159(a)(2)(3) Helicopter exceptions are not allowed.
§ 135.181 Aircraft operated over-the-top or in IFR conditions.
§ 135.183 Land aircraft operated over water.
§ 135.203 VFR: Minimum altitudes.
§ 135.205 VFR: Visibility requirements.
§ 135.207 VFR: Helicopter surface reference requirements.
§ 135.221 Alternate airport weather minimums.
§ 135.361 Applicability.
§ 135.363 General.
§ 135.379 Large transport category airplanes. Turbine engine powered: Takeoff limitations.
§ 135.381 Large transport category airplanes. Turbine engine powered: En-route limitations: One engine inoperative.
§ 135.383 Large transport category airplanes. Turbine engine powered: En-route limitations: Two engines inoperative.
§ 135.385 Large transport category airplanes. Turbine engine powered: En-route limitations: Landing limitations.
§ 135.387 Large transport category airplanes. Turbine engine powered: En-route limitations: Landing limitations: Alternate airports.
§ 135.389 Large non-transport category airplanes: Takeoff limitations.
§ 135.391 Large non-transport category airplanes. En-route limitations: One engine inoperative.
§ 135.393 Large non-transport category airplanes. Landing limitations: En-route limitations: Destination airports.
§ 135.395 Large non-transport category airplanes. Landing limitations: En-rout limitations: Alternate airports.
§ 135.397 Small transport category airplanes performance operating
limitations.
§ 135.399 Small transport category airplanes performance.
§ 135.1(a)(9) Conducting operations in accordance with subpart L
(Helicopter Air Ambulance Equipment, Operations, and Training
Requirements).
§ 135.117(a)(9) Briefing of passengers before flight.
§ 135.145 Aircraft proving and validation tests.
§ 135.150 Public address and crewmember interphone systems.
§ 135.151 Cockpit voice Recorders.
§ 135.152 Flight data recorders.
§ 135.154 Terrain awareness warning systems.
§ 135.158 Pitot heat indication systems.
§ 135.160 Radio altimeters for rotorcraft operations.
§ 135.165 Communication and navigation equipment.
§ 135.168 Emergency equipment.
§ 135.169 Additional airworthiness requirements.
§ 135.170 Materials for compartment interiors.
§ 135.173 Airborne thunderstorm equipment requirements.
§ 135.178 Additional emergency equipment.
§ 135.180 Traffic alert and collision avoidance system.
§ 135.209 VFR: Fuel supply.
§ 135.223 IFR: Alternate airport requirements.
§ 135.227 Icing conditions: Operating limitations.
§ 135.271 Helicopter hospital emergency medical evacuation services (HEMES).
§ 135.128 Use of safety belts, child restraint systems .......................
§ 135.159(a)(1) Gyroscopic rate of turn indicator.
§ 135.163(g) Exception for helicopters is allowed.
§ 135.229 Airport requirements.
§ 135.429(d) Required inspection personnel.
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Imposes a regulatory burden on
operators conducting poweredlift operations on a scale no
greater than that imposed on
like operators conducting operations with airplanes or rotorcraft.
Enabling.
Imposes a regulatory burden on
operators conducting poweredlift operations on a scale no
greater than that imposed on
like operators conducting operations with airplanes or rotorcraft.
Imposes costs on operators of
powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft.
Provides flexibility or relief to operators of powered-lift on a scale
equivalent to the flexibility or relief provided to operators of airplanes or rotorcraft.
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TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued
Section
Proposed amendment
Part 61—Certification: Pilots, Flight
Instructors, and Ground Instructors..
§ 61.31(a) Type rating requirements, additional training, and authorization reqts.
§ 61.109(e)(5) Aeronautical experience.
Part 61—Certification: Pilots, Flight
Instructors, and Ground Instructors.
Addressing:
§ 61.1(b) Applicability and definitions: Cross-country time definition
(paragraph (ii)).
§ 61.3 Reqt for certificates, ratings, and authorizations: Flt instructor
certificate.
§ 61.45 Requirement for certificates, ratings, and authorizations:
Practical tests:
Required aircraft and equipment.
§ 61.51 Requirement for certificates, ratings, and authorizations:
Pilot logbooks.
§ 61.55 Requirement for certificates, ratings, and authorizations:
SIC.
§ 61.63(d)(3) Additional aircraft ratings (other than for ratings at the
airline transport pilot certification level). Proposed eligibility requirements.
§ 61.65 Instrument rating requirements.
§ 61.107 Flight proficiency.
§ 61.109(e)(2)(i), (e)(5)(ii) Aeronautical experience.
§ 61.127 Flight proficiency (commercial pilots).
§ 61.129 Aeronautical experience: Alternate experience and logging
reqts.
§ 61.167 Airline transport pilot privileges and limitations.
§ 61.195 Flight instructor limitations and qualifications.
Addressing:
§ 61.64 Use of a flight simulator and flight training device—SFAR—
removes three of four available alternative requirements that enable a person to accomplish a practical test for a powered-lift type
rating in a simulator.
Part 61—Certification: Pilots, Flight
Instructors, and Ground Instructors.
Part 135—Operating Requirements
Commuter and On-Demand Operations and Rules Governing
Persons on Board Such Aircraft.
Part 135—Operating Requirements
Commuter and On-Demand Operations and Rules Governing
Persons on Board Such Aircraft.
Part 111—Pilot Records Database
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Impact
Part 136—Commercial Air Tours
and National Parks Air Tour Management.
Part 141—Flight Schools ................
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SFAR temporarily allow the completion of certain part 135 tests and
checks to meet the flight proficiency requirements for the addition
of a powered-lift category rating, an instrument-powered-lift rating,
and powered-lift type rating to a commercial certificate.
§ 135.3 Rules applicable to operations subject to this part—FAA
proposes certificate holders comply with subpart Y of part 121 (Advanced Qualification Program (AQP)).
§ 135.243 Pilot in command qualifications.
§ 135.244 Operating experience.
§ 135.245 Second in command qualifications.
§ 135.293 Initial and recurrent pilot testing requirements.
§ 135.297 Pilot in command: Instrument proficiency check requirements.
§ 135.340 Initial and transition training and checking: Check airmen
(aircraft), check airmen (simulator).
§ 135.345(b)(6)(iv) Pilots: Initial, transition, and upgrade ground training.
§ 111.1 Applicability .............................................................................
§ 136.1 Suitable landing area for helicopters ......................................
§ 136.9 Life preservers for over water.
§ 136.11(c) Helicopter floats for over water.
§ 136.13(a) Helicopter performance plan and operations.
Appendix A Special Operating Rules for Air Tour Operators in the
State of Hawaii.
§ 141.35 Chief instructor qualifications ...............................................
§ 141.36 Assistant chief instructor qualifications.
§ 141.37 Check instructor qualifications.
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Imposes a regulatory burden on
individuals seeking airmen certification in powered-lift on a
scale no greater than that imposed on individuals accomplishing airmen certification in
other aircraft categories.
Relieving. No additional regulatory
costs.
Imposes a regulatory burden on
individuals accomplishing a
powered-lift type rating in an
FFS on a scale no greater than
that imposed on individuals accomplishing a type rating in an
FFS for airplanes or helicopters.
Relieving.
Imposes costs on operators of
powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft.
Imposes costs on operators of
powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft.
Imposes costs on operators of
powered-lift on the same scale
as costs imposed on operators
of airplanes or rotorcraft.
Relieving—no additional regulatory
costs.
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TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued
Section
Proposed amendment
Impact
Part 142—Training Centers ............
§ 142.47(a), (c) Training center instructor eligibility requirements
§ 142.53 Training center instructor training and testing requirements
Part 142—Training Centers ............
§ 142.11 Application for issuance or amendment ...............................
Part 142—Training Centers ............
§ 142.57 Aircraft requirements ............................................................
Imposes a regulatory burden on
part 142 training centers conducting powered-lift training on a
scale no greater than that imposed on like training centers
conducting training with airplanes or rotorcraft.
Enabling. No additional regulatory
costs unless a part 142 training
center chooses conduct training
with powered-lift flight simulators
and flight training devices.
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.
1. Benefits Summary
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Operations with powered-lift are
anticipated to offer benefits over
traditional airplanes and rotorcraft. A
report published by the U.S.
Government Accountability Office
stated that many of these newer category
of aircraft could be easier to design,
simpler to construct, less complicated to
maneuver, quieter to fly, and more
economical to operate compared to
traditional aircraft.506 Many use cases
for these aircraft are envisioned, and
just a few are described below.
It is envisioned smaller versions of
these aircraft may reduce congestion in
urban areas by allowing for more
efficient transportation of passengers
compared to existing ground
transportation methods. To do so, these
aircraft would use vertiports located on
top of buildings, at parking facilities, or
in other open areas.507 Such
transportation could occur from a
heliport or vertiport and then proceed at
speeds and ranges similar to turboprops.
Powered-lift could also be capable of
transporting heavier loads at higher
altitudes and faster cruise speeds than a
traditional rotorcraft. Such capability
may increase efficiency in transporting
crew and material to remote locations
such as offshore oilrigs. Other use cases
may involve medical response, disaster
relief, rescue operations, border patrol,
and last-mile logistics.
506 Transforming Aviation: Stakeholders
Identified Issues to Address for ‘Advanced Air
Mobility’ | U.S. GAO.
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While operators choosing to conduct
operations with powered-lift would
incur costs to comply with regulations
proposed by this SFAR, these costs
would be on a scale no greater than
those incurred by operators choosing to
conduct operations with airplanes or
rotorcraft under similar regulations.
Likewise, costs imposed on individuals
that choose to accomplish the required
training and testing required to hold an
airman’s certificate with a type rating in
the powered-lift category would be on a
scale no greater than those incurred by
individuals accomplishing training and
testing to hold an airman’s certificate
with a type rating in the airplane or
rotorcraft category. In other words, the
costs imposed on operators and
individuals that choose to comply with
regulations proposed by this rule would
be no more burdensome than the costs
incurred by entities and individuals
complying with corresponding airplane
and rotorcraft regulations that are
already in effect.
However, to address the significant
operational differences between each
powered-lift, the FAA is proposing to
require the PIC of a powered-lift to hold
a type rating for the aircraft flown. The
FAA has determined that requiring
persons to hold type ratings for
powered-lift would establish the
appropriate level of safety than would
be established by only holding a
powered-lift category rating by ensuring
persons receive adequate training and
are tested on the unique design and
operating characteristics of each
powered-lift.
The following table presents a
summary of the primary estimates of the
quantified costs of this rule, as well as
estimates for the pessimistic and
optimistic scenarios. This analysis
provides a range of costs from low to
high based on these scenarios. The FAA
considers the primary estimate of costs
to be the base scenario. For the primary
estimate, over a 10-year period of
analysis this rule would result in
present value costs of approximately
$30.5 million at a three percent discount
rate with annualized net costs of
approximately $3.6 million. At a seven
percent discount rate, the present value
costs are approximately $24.1 million
with annualized costs of $3.4 million.
507 Vertiport Assessment and Mobility Operations
System (VAMOS!) | T2 Portal (nasa.gov) A vertiport
refers to a physical structure for the departure,
arrival, and parking/storage of advanced air
mobility vehicles. Evaluation factors for vertiports
include zoning, land use, transit stations, fire
stations, noise, and time-varying factors like
congestion and demand.
This proposed rule is a step toward
enabling the ecosystem for this industry
to evolve. It applies the appropriate set
of rules for a range of certificate-holder
operations conducted with powered-lift,
and for certification of the pilots that
would fly them. It was deliberated with
the intent of mitigating risk to the NAS
while maintaining its current level of
safety.
2. Costs Summary
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TABLE 12—QUANTIFIED COSTS OF PROPOSED SFAR
[Millions$] *
10-Year
present value
(3%)
Forecast scenario
Base—Primary Estimate ..................................................................................
Pessimistic .......................................................................................................
Optimistic .........................................................................................................
Annualized
(3%)
$30.5
27.4
33.7
$3.6
3.2
4.0
10-Year
present value
(7%)
$24.1
21.0
27.3
Annualized
(7%)
$3.4
3.0
3.9
* Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent discount rates per Office of
Management and Budget (OMB) guidance.
Please see the regulatory impact
analysis for this SFAR available in the
docket for more details.
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
of 1980, (5 U.S.C. 601–612), as amended
by the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121) and the Small Business Jobs
Act of 2010 (Pub. L. 111–240), requires
Federal agencies to consider the effects
of the regulatory action on small
business and other small entities and to
minimize any significant economic
impact. The term ‘‘small entities’’
comprises small businesses and not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The FAA is publishing this Initial
Regulatory Flexibility Analysis (IRFA)
to aid the public in commenting on the
potential impacts to small entities from
this proposal. The FAA invites
interested parties to submit data and
information regarding the potential
economic impact that would result from
the proposal. The FAA will consider
comments when making a
determination or when completing a
Final Regulatory Flexibility Assessment.
An IRFA must contain the following:
(1) A description of the reasons why
the action by the FAA is being
considered;
(2) A succinct statement of the
objective of, and legal basis for, the
proposed rule;
(3) A description of and, where
feasible, an estimate of the number of
small entities to which the proposed
rule will apply;
(4) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent
practicable, of all relevant Federal rules
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that may duplicate, overlap, or conflict
with the proposed rule; and
(6) A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
(1) A description of the reasons why
the action by the FAA is being
considered;
This proposed rule would establish
the requirements for the certification
and operation of powered-lift. Poweredlift is defined in 14 CFR part 1 as a
heavier-than-air aircraft capable of
vertical takeoff, vertical landing, and
low speed flight that depends
principally on engine-driven lift devices
or engine thrust for lift during these
flight regimes and on nonrotating
airfoil(s) for lift during horizontal flight.
The powered-lift that are coming to
the civilian market have complex and
unique design, flight, and handling
characteristics with varying degrees of
automation. To add to the challenges,
the FAA does not anticipate that the
initial powered-lift that obtain type
certification will be broadly available
for basic airman certification and
training at the private pilot level.
Rather, manufacturers intend to produce
powered-lift for commercial purposes,
meaning the initial pilots will be
required to hold at least commercial
pilot certificates to act as required
flightcrew members (i.e., PIC or SIC) for
compensation or hire.
The FAA lacks sufficient information
at this time regarding emerging
operations to implement permanent
regulations. The FAA has found the use
of an SFAR has been an effective way
to gain such experience while enabling
some degree of operations. The SFAR
will establish a regulatory structure that
leverages existing rules, removes
operational barriers, and mitigates safety
risks for powered-lift. Utilizing the
SFAR will allow the FAA to observe
operations and subsequently make any
requisite safety improvements in a later
permanent change to the regulations.
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(2) A succinct statement of the
objective of, and legal basis for, the
proposed rule.
Statement of the legal basis. Through
this rulemaking, the FAA will make
both permanent and temporary changes
to parts 61 and 135 to train and certify
powered-lift pilots.
Further, the FAA would enable
powered-lift operations under parts 43,
91, 97, 135, and 136 through the SFAR.
The FAA is issuing this proposal under
the authority described in Title 49 of the
United States Code, Subtitle VII, Part A,
Subpart i, Section 40113,
Administrative, and Subpart iii, Section
44701, General Requirements; Section
44702, Issuance of Certificates; Section
44703, Airman Certificates; Section
44704, Type Certificates, Production
Certificates, Airworthiness Certificates,
and Design and Production
Organization Certificates; Section
44705, Air Carrier Operating
Certificates; and Section 44707,
Examination and Rating of Air
Agencies. Under these sections, the
FAA prescribes regulations and
minimum standards for practices,
methods, and procedures necessary for
safety in air commerce, including the
authority to examine and rate civilian
schools and prescribe regulations to
ensure the competency of instructors.
The FAA is also authorized under these
sections to issue certificates, including
airman certificates, type certificates, and
air carrier operating certificates, in the
interest of safety.
This rulemaking is also proposed
under the authority described in
Subtitle VII, Part A, Subpart iii, Section
44712, Emergency Locator Transmitters;
Section 44713, Inspection and
Maintenance; 44715, Noise and Sonic
Boom; 44716, Collision Avoidance
Systems; and 44722, Winter conditions.
These sections direct the Administrator
to prescribe regulations to govern the
use of emergency locator transmitters
and collision avoidance systems, the
standards for inspecting and performing
maintenance on aircraft, and regulations
to control aircraft noise and safety risks
related to winter conditions. Lastly, this
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proposed rulemaking derives authority
from Section 44730, Helicopter Air
Ambulance Operations, which directs
the Administrator to prescribe
regulations governing the safety of
helicopter air ambulance operations.
This proposed rulemaking is issued
under the authority described in each of
the above sections.
(3) A description of and, where
feasible, an estimate of the number of
small entities to which the proposed
rule will apply.
The proposed rule would affect
operators of powered-lift under parts 91,
135, and 136, as well as part 141 flight
schools and part 142 training centers.
Part 91 operators conduct operations for
non-commercial purposes while part
135 operators conduct on-demand
operations, which may include a limited
number of scheduled operations, or
commuter operations, which allow an
unlimited number of scheduled
operations as well as on-demand
operations.508 There are specific
limitations associated with these
operations depending on whether they
are on-demand or commuter. These
limitations include the number of
passenger seats installed on the aircraft,
maximum payload limits, and whether
turbo-jet aircraft can be used in the
operation. Part 136 operators conduct
commercial air tours.
There are five North American
Industry Classification System (NAICS)
codes for air transportation services
based on by type of activity conducted.
Four of these codes identify a small
entity as one with 1,500 or fewer
employees. The exception is NAICS
code 481219, which includes ‘‘other
nonscheduled air transportation.’’
Entities falling within this code are
identified as small if revenues are $22
million or less.509 At the time of this
proposed rule, there were
approximately 1,700 part 135 operators,
and 900 part 91 operators. A vast
majority of these operators are small and
the FAA does not anticipate that they
will be impacted by this rule. Due to
this being an emerging market, the
number of entities that will be impacted
by this rule is uncertain.
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
508 https://www.faa.gov/licenses_certificates/
airline_certification/135_certification/general_info.
509 NAICS code 481111—Scheduled Passenger
Air Transportation; 481112—Scheduled Freight Air
Transportation; 481211—Nonscheduled Passenger
Air Transportation; 481212—Nonscheduled Freight
Air Transportation; 481219—Other Nonscheduled
Air Transportation.
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19:58 Jun 13, 2023
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FAA notes that NAICS code for flight
training is in Sector 61—Education
Services. Specifically, flight training
schools are identified by code 611512.
The Small Business Administration
identifies entities in this code as small
based on revenues of $30 million or
less.
There are currently 525 part 141 flight
schools and 45 part 142 training centers.
FAA conducted research on the internet
to determine revenues for these entities.
While some of the part 141 flight
schools are part of a curriculum offered
at an institution of higher learning, most
appear to be private entities, and thus
revenues were not publicly available. Of
the 45 part 142 training centers, 10 have
revenues greater than $30 million and
22 were identified as having revenues
less than $30 million. Revenue
information for the remaining 13 part
142 training centers was not readily
available. Based on this information, it
is believed that a majority of flight
schools under parts 141 and 142 are
small entities.
(4) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record.
The FAA prescribes regulations and
minimum standards for practices,
methods, and procedures necessary for
safety in air commerce, including
airman certificates, type certificates, and
air carrier operating certificates, and the
authority to examine and rate civilian
schools and prescribe regulations to
ensure the competency of instructors.
Powered-lift manufacturers, air carriers,
pilots, and instructors have important
roles in the development of this sector
of the aviation industry. The reporting
and recordkeeping requirements
imposed by this SFAR currently exist
for manufacturers and operators of
airplanes and rotorcraft. These
requirements will now be applicable to
those same entities that choose to
operate powered-lift. These
requirements are described below.
First, each operator which seeks to
obtain, or is in possession of, an air
carrier or FAA operating certificate is
mandated to comply with the
requirements of part 135 to determine if
the carrier is operating in accordance
with minimum safety standards. This
burden results in reporting,
recordkeeping, and disclosure
requirements. All reporting provisions
and approval processes can be
accomplished electronically, including
operations and maintenance manuals,
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Fmt 4701
Sfmt 4702
crewmember and aircraft dispatcher
records, maintenance records, and
minimum equipment lists. However,
certain documents, such as passenger
briefing cards, must be available in
paper form for safety reasons. The
burden imposed on operators by this
reporting requirement is proportionate
to the size of its operation.510
Next, repair stations certificated
under part 145 and air taxi operators
certificated under part 135 are required
to submit Malfunction or Defect
Reports, or Service Difficulty Reports.
This data identifies mechanical failures,
malfunctions, and defects that may be a
hazard to the operation of an aircraft.
When defects are reported that are likely
to exist on other products of the same
or similar design, the FAA may
disseminate safety information to a
particular section of the aviation
community. These reports are submitted
occasionally. The submission of
information for this requirement is
accomplished electronically. The FAA
has found that this submission of data
does not have a significant impact on a
substantial number of small businesses.
Lastly, the Application for Pilot
School Certification is necessary for the
FAA to collect information to ensure
flight schools will meet the minimum
acceptable training standards as
prescribed by part 141. The FAA
approves course curricula, training
facilities, the chief instructor and any
assistant chief instructors, if applicable,
for each course, and ensures oversight of
flight instructors that provide training
under part 141. Completion of the
required items is of minimal burden to
the respondent due to the simplistic
format of the document. The FAA notes
that flight training schools are contained
within Sector 61, Education Services, of
the NAICS code. Specifically, flight
training schools are identified by code
611512. The Small Business
Administration identifies entities in this
code as small based on revenues of $30
million or less. There are currently 525
part 141 flight schools. The FAA is
unsure what portion of these schools
qualify as small using SBA criteria.
While some of the part 141 flight
schools are part of a curriculum offered
at an institution of higher learning, most
appear to be private entities.
510 For example, single pilot operations are not
required to prepare an operations manual or
training program which significantly reduces the
burden. The number of records and required reports
are proportional to the number of pilots and aircraft
used by the operator. Further, in several cases, such
as for passenger briefings or aircraft checklists,
commercially produced products are available from
the aircraft manufacturer.
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
(5) An identification, to the extent
practicable, of all relevant Federal rules
that may duplicate, overlap, or conflict
with the proposed rule.
The FAA is unaware that the
proposed rule will overlap, duplicate, or
conflict with existing Federal rules.
(6) A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
The FAA considered engaging in
permanent rulemaking to address the
introduction of powered-lift in civilian
operations. However, the FAA lacks
sufficient information at this time
regarding emerging operations to
implement permanent regulations. The
FAA has found the use of an SFAR has
been an effective way to gain such
experience while enabling some degree
of operations, therefore, the FAA find
that the use of an SFAR is the most
viable option at this time. Utilizing the
SFAR will allow the FAA to observe
operations and subsequently make any
requisite safety improvements in a later
permanent change to the regulations.
Another alternative considered for
this SFAR included the number of years
it would remain in effect. After
contemplating several options, the FAA
determined ten years to be an
appropriate length of time. In selecting
ten years as the appropriate duration for
this SFAR, the FAA considered a
number of factors including the time it
will take to initiate operations after the
adoption of this NPRM as a final rule
considering the type certification status
of the powered-lift that are
commercially viable. The FAA also
considered the appropriate length of
time to collect operational data after
operators initiate commercially viable
operations, and then the time necessary
to complete a subsequent rulemaking to
propose and implement permanent
regulations.
D. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this proposed rule
and determined that it ensures the
safety of the American public and does
not exclude imports that meet this
objective. As a result, the FAA does not
consider this rule as creating an
unnecessary obstacle to foreign
commerce.
E. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a State, local, or tribal
government or the private sector to
incur direct costs without the Federal
Government having first provided the
funds to pay those costs. The FAA
determined that the proposed rule will
not result in the expenditure of $165
million or more by State, local, or tribal
governments, in the aggregate, or the
private sector, in any one year.
F. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public.
According to the 1995 amendments to
the Paperwork Reduction Act (5 CFR
1320.8(b)(2)(vi)), an agency may not
collect or sponsor the collection of
information, nor may it impose an
information collection requirement
unless it displays a currently valid
Office of Management and Budget
(OMB) control number.
This action contains the following
proposed amendments to the existing
information collection requirements
previously approved under OMB
Control Numbers 2120–0039, –0600,
–0663, –0009, and –0021. As required
by the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA has
submitted these proposed information
collection amendments to OMB for its
review.
1. Revision of Existing Information
Collection 2120–0039: Operating
Requirements: Commuter and OnDemand Operation 511
Abstract: Each operator which seeks
to obtain, or is in possession of, an air
carrier or FAA operating certificate is
mandated to comply with the
requirements of part 135 in order to
maintain data which is used to
determine if the carrier is operating in
accordance with minimum safety
standards. Air carrier and commercial
operator certification is completed in
accordance with part 119. Part 135
contains operations and maintenance
requirements. The burden associated
with part 135 is associated with
reporting, recordkeeping and disclosure.
The FAA has estimated the increase
in the existing burden for this collection
based on four part 119 certificate
holders beginning powered-lift
operations by the end of the third year
following finalization of this proposed
rule. Note that not all information
collection requirements are proposed to
have a burden increase as a result of the
proposed revisions to this information
collection.
ddrumheller on DSK120RN23PROD with PROPOSALS2
TABLE 13—THREE-YEAR INCREMENTAL BURDEN FOR 2120–0039 OPERATING REQUIREMENTS: COMMUTER AND ONDEMAND OPERATIONS
Section
Section title
135.21 ......
135.63 ......
Manual requirements ..
Recordkeeping requirements-aircraft
available for use.
Pilot records ...............
19:58 Jun 13, 2023
Hoursjobcat
(2)
20
4
0.5
................
................
................
692
0.1
................
Number of
responses
Total
responses
4
2
5
2
173
4
511 Official FAA forecasts related to the operation
of powered-lift in the NAS have yet to be
developed. Thus, forecasts for operators of part 135
aircraft and fleet were prepared solely for the
VerDate Sep<11>2014
Hoursjobcat
(1)
Number of
respondents
Jkt 259001
Hoursjobcat
(3)
Hoursjobcat
(4)
Hoursjobcat
(5)
2.0
1.0
................
................
................
................
50.0
4.0
$2,097
185
................
................
................
69.2
1,696
purpose of estimating the cost of the information
collections affiliated with this proposed rule, and
developed using publicly available data related to
orders and options for powered-lift Using the fleet
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Frm 00131
Fmt 4701
Sfmt 4702
Total
burden
(hours)
Total
burden
(cost)
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.
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TABLE 13—THREE-YEAR INCREMENTAL BURDEN FOR 2120–0039 OPERATING REQUIREMENTS: COMMUTER AND ONDEMAND OPERATIONS—Continued
Section
Section title
135.64 ......
135.65 ......
135.79 ......
135.117 ....
135.179 ....
135.227 ....
135.325 ....
135.415 ....
135.417 ....
135.419 ....
135.431 ....
Pilot flight & duty ........
Load manifest .............
Retention of contracts
and amendments
written.
Retention of contracts
and amendments
oral.
Reporting manual
irregularities.
Flight locating requirements.
Briefing of passengers
before flight.
Inoperable instruments
and equipment.
Icing limitations ...........
Training program and
revision.
Mechanical reliability
reports.
Mechanical interruption summary report.
Approved aircraft inspection program.
Continuing analysis
and surveillance.
Incremental burden ....
Hoursjobcat
(1)
Hoursjobcat
(2)
Hoursjobcat
(3)
Hoursjobcat
(4)
Hoursjobcat
(5)
Total
burden
(hours)
Total
burden
(cost)
34,600
292,273
78
0.1
0.1
................
................
................
0.5
................
................
................
................
................
................
................
................
................
3,460.0
29,227.3
39.0
84,805
716,360
1,514
2
12
0.5
................
................
................
................
6.0
147
6
75
450
................
................
................
................
0.3
112.5
7,611
2
1
2
................
................
0.5
................
................
1.0
46
292,273
1
292,273
................
................
................
................
0.03
8,768.2
593,167
6
1
6
3.0
................
20.0
................
................
138.0
5,996
6
6
1
1
6
6
5.0
5.0
................
................
20.0
15.0
................
................
................
................
150.0
120.0
6,290
4,901
131
1
131
................
................
................
1.0
................
131.0
6,119
6
12
72
................
................
................
1.0
................
72.0
3,363
6
1
6
0.5
................
................
1.0
................
9.0
649
6
1
6
................
................
................
70.0
................
420.0
35,967
....................
..................
..................
................
................
................
................
................
42,777.2
1,454,270
Number of
respondents
Number of
responses
Total
responses
173
292,273
6
200
1
13
6
Note: Row and column totals may not sum due to rounding.
2. Revision of Existing Information
Collection 2120–0600: Training and
Qualification Requirements for Check
Airmen and Flight Instructors 512
Abstract: The reporting requirements
are to ensure the check pilots and
instructors are adequately trained and
checked/evaluated to ensure they are
capable and competent to perform the
duties and responsibilities required by
the air carrier to meet the regulations.
Experienced pilots who would
otherwise qualify as flight instructors or
check airmen, but who are not
medically eligible to hold the requisite
medical certificate are mandated to keep
records that may be inspected by the
FAA to certify eligibility to perform
flight instructor or check airmen
functions. This information is inspected
on occasion and will be used by the
FAA to determine and to assure that
check airmen and instructors maintain
the high qualification standards
(training and experience) required to
perform their safety functions.
The FAA has estimated the increase
in the existing burden for this collection
based on the percentage of instructors
that are not medically eligible to hold
the requisite medical certificate and are
mandated to keep records that may be
inspected by the FAA to certify
eligibility to perform flight instructor or
check airmen functions. The table below
shows the incremental burden by the
end of the third year following
finalization of the proposed rule for this
recordkeeping requirement.
TABLE 14—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0600 513 TRAINING AND
QUALIFICATION REQUIREMENTS FOR CHECK AIRMEN AND FLIGHT INSTRUCTORS
Total burden
Respondents ......................................................................................................................................................................................
Responses per Respondent ..............................................................................................................................................................
Time per Response—15 seconds (in minutes) .................................................................................................................................
Total Incremental Time (in minutes) ..................................................................................................................................................
Total Incremental Time (in hours) .....................................................................................................................................................
Cost per Hour (Check Airman Wage plus Benefits—per Hour) .......................................................................................................
Total Incremental Cost ......................................................................................................................................................................
66
1
0.25
16.44
0.27
$87.63
$24.54
ddrumheller on DSK120RN23PROD with PROPOSALS2
Note: Row and column totals may not sum due to rounding.
512 Official FAA forecasts related to the operation
of powered-lift in the NAS have yet to be
developed. Thus, forecasts for operators of part 135
aircraft and fleet were prepared solely for the
purpose of estimating the cost of the information
collections affiliated with this proposed rule and
developed using publicly available data related to
orders and options for powered-lift. FAA notes that
none of the orders for the multitude of powered-lift
models being developed are firm as of the time of
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19:58 Jun 13, 2023
Jkt 259001
this writing, with the exception of one model. Using
the fleet forecast and an assumption for utilization
(i.e. hours flown), forecasts for airmen and
departures were also developed to estimate costs of
the paperwork burden.
513 The current collection identifies 15,925
respondents performing recordkeeping
requirements. The 2021 Civil Airmen Statistics
(source: https://www.faa.gov/data_research/
avia)tion_data_statistics/civil_airmen_statistics)
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Sfmt 4702
shows there are 121,270 active flight instructors,
thus 13.1 percent of the flight instructor population
(15,925 ÷ 121,270 = .131) perform this
recordkeeping requirement. Additionally, FAA
records show 251 active airmen holding a flight
instructor certificate with a powered-lift rating;
thus, it is estimated that 13.1 percent of these
airmen are affected by the recordkeeping
requirement (for a total of 32.9 airmen).
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3. Revision of Existing Information
Collection 2120–0663: Service Difficulty
Report 514
Abstract: Service Difficulty Reports
(SDRs), may be used by the air carrier
industry and repair stations to submit
mandated reporting of occurrences or
detection of failures, malfunctions, or
defects and can be submitted in an
electronic format. Repair stations
certificated under part 145 and Air taxi
operators certificated under part 135 are
required to submit Malfunction or
Defect Reports, or Service Difficulty
Reports. Report information is collected
and collated by the FAA and used to
determine service performance of
aeronautical products. When defects are
reported which are likely to exist on
other products of the same or similar
design, the FAA may disseminate safety
information to a particular section of the
aviation community. The FAA also may
adopt new regulations or issue
Airworthiness Directives (ADs) to
address a specific problem.515 The
regulations enhance air carrier safety by
39077
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.
The FAA has estimated the increase
in the existing burden for this collection
based on four part 119 certificate
holders beginning powered lift
operations under part 135 by the end of
the third year following finalization of
this proposed rule.
TABLE 15—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0063 SERVICE DIFFICULTY REPORT
Summary
(three years)
Reporting
Number of Respondents ..............................................................................................................
Number of Responses per respondent .......................................................................................
Time per Response .....................................................................................................................
Total # of responses ....................................................................................................................
Total burden (hours) ....................................................................................................................
Total Burden (cost) 516 .................................................................................................................
4
1
0.667
4
2.7
$95.8
Recordkeeping
Disclosure
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
Note: Row and column totals may not sum due to rounding.
4. Revision of Existing Information
Collection 2120–0009: Application for
Pilot School Certification
Abstract: This information is reported
and recorded by 14 CFR part 141
certificated pilot schools seeking to
maintain their Air Agency Certification.
Uncertificated pilot schools seeking
certification as a part 141 pilot school
are also required by part 141 to report
information to the FAA and keep
specific records. Part 141 pilot schools
train private, commercial, flight
instructor, and ATPs, along with
training for associated ratings in various
types of aircraft. The information
collected becomes a part of the FAA’s
official records and is only used by the
FAA for certification, compliance,
enforcement, and when accidents,
incidents, reports of noncompliance,
safety programs, or other circumstances
requiring reference to records. The
requirements of part 141 include
reporting and recordkeeping. The FAA
has estimated the increase in the
existing burden for this collection based
on one new applicant per year for part
141 certification and one renewal.
TABLE 16—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0009 517 APPLICATION FOR PILOT
SCHOOL CERTIFICATION
Time/response
(hours)
Total time
(hours)
Responses
Labor cost
($35.84/hr)
Section
Burden type
§ 141.13, Application .............................................
§ 141.53, Training course outline .........................
§ 141.63, Application for examining authority .......
§ 141.87, Change of chief instructor .....................
§ 141.110, Training records ..................................
Reporting ......................
Reporting ......................
Reporting ......................
Reporting ......................
Recordkeeping .............
0.5
25.0
20.0
0.1
50
4
3
3
3
3
2.0
75.0
60.0
0.3
150
$72
2,688
2,150
11
5,376
Total ...............................................................
.......................................
........................
........................
136.8
10,297
ddrumheller on DSK120RN23PROD with PROPOSALS2
Note: Row and column totals may not sum due to rounding.
514 Official FAA forecasts related to the operation
of powered-lift in the NAS have yet to be
developed. Thus, forecasts for operators of part 135
aircraft and fleet were prepared solely for the
purpose of estimating the cost of the information
collections affiliated with this proposed rule, and
developed using publicly available data related to
orders and options for powered-lift. FAA notes that
none of the orders for the multitude of powered-lift
models being developed are firm as of the time of
this writing, with the exception of one model. Using
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the fleet forecast and an assumption for fleet
utilization (i.e. hours flown), forecasts for airmen
and departures were also developed to estimate
costs of the paperwork burden.
515 ADs are mandatory repair or modifications
essential for the prevention of accidents.
516 Costs are based upon a private industry hourly
wage of $25.18. The fully-burdened wage is $35.90
and includes employee compensation related to
benefits that is estimated to be 30.0 percent of the
fully-burdened wage. (Source: Bureau of Labor
PO 00000
Frm 00133
Fmt 4701
Sfmt 4702
Statistics, Employer Costs for Employee
Compensation. https://www.bls.gov/news.release/
pdf/ecec.pdf by month)
517 The FAA believes that the responses to this
information collection will be performed by flight
instructors and similar personnel at certificated
pilot schools. The median hourly wage for these
occupations is $27.38. The FAA multiplied this
base hourly rate by 1.309, representing a load factor
of 30.9%, and a fully loaded wage of $35.84.
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5. Revision of Existing Information
Collection 2120–0021: Airman
Certificate and/or Rating Application
Abstract: The Airman certificate and/
or Rating Application form and the
required records, logbooks and
statements required by part 61 are
submitted to Federal Aviation
information collected becomes a part of
the FAA’s official records and is only
used by the FAA for certification,
compliance, enforcement, and when
accidents, incidents, reports of
noncompliance, safety programs, or
other circumstances requiring reference
to records. The requirements of part 61
include reporting and recordkeeping.
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
TABLE 17—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0021 518 AIRMAN CERTIFICATE AND/OR
RATING APPLICATION
Time per
response
(hours)
Section
Reporting
(hours)
Recordkeeping
(hours)
Total cost
(15.40/hr)
61.13 ....................................................................................
61.39 ....................................................................................
61.49 ....................................................................................
61.51 ....................................................................................
61.56(a) ................................................................................
61.57 ....................................................................................
61.87 ....................................................................................
61.93 ....................................................................................
61.185 ..................................................................................
61.189 ..................................................................................
61.197 ..................................................................................
0.10
0.05
0.05
1.00
0.10
0.10
0.05
0.10
0.10
1.00
0.10
89
89
1
23
23
89
89
89
15
15
15
8.9
4.5
0.0
........................
2.3
........................
........................
........................
........................
........................
1.5
........................
........................
........................
23.1
........................
8.9
4.5
8.9
1.5
15.0
........................
$137
69
0
356
36
137
69
137
23
231
23
Totals ............................................................................
........................
537
17
62
1,217
The FAA is soliciting comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the FAA, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the FAA’s
estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of collecting
information on those who are to
respond, including by using appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology.
Individuals and organizations may
send comments on the information
collection requirement to the address
listed in the ADDRESSES section at the
beginning of this preamble by August
14, 2023. Comments also should be
ddrumheller on DSK120RN23PROD with PROPOSALS2
Responses
518 To calculate the economic burden on
respondents, the FAA uses an hourly rate of $15.40.
This is an all-purpose travel-time rate, which is
appropriate for this ICR because respondents
represent a wide array of occupations, and are often
performing their reporting or recordkeeping
activities on their own time. The travel-time rate is
derived from Department of Transportation
guidance (https://www.faa.gov/regulations_policies/
policy_guidance/benefit_cost/), modified by a
Consumer Price Index for all Urban Consumers
(CPI–U) value calculated by the Minneapolis Fed
(https://www.faa.gov/regulations_policies/policy_
guidance/benefit_cost/). The FAA is not applying a
load factor for overhead or benefits, because, as
noted, these activities are typically not performed
as part of a respondent’s job or occupation.
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Jkt 259001
submitted to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive Office
Building, Room 10202, 725 17th Street
NW, Washington, DC 20053.
G. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences
between the FAA’s proposed regulations
and the ICAO standards.
H. Environmental Analysis
In accordance with the provisions of
regulations issued by the Council on
Environmental Quality (40 CFR parts
1500 through 1508), FAA Order 1050.1F
identifies FAA actions that are
categorically excluded from preparation
of an Environmental Assessment or
Environmental Impact Statement under
the National Environmental Policy Act
(NEPA) in the absence of extraordinary
circumstances.
The FAA has determined this NPRM
action qualifies for the categorical
exclusion identified in paragraph 5–
6.6.f of this order and involves no
extraordinary circumstances.
PO 00000
Frm 00134
Fmt 4701
Sfmt 4702
In making this determination, the
FAA also considered the recent
technological advancement regarding
fabrication of small and powerful
electric motors, actuators, and advance
control system technologies that
manufacturers could apply in the design
and development of new and novel
aircraft that are different from the legacy
conventional aircraft categories defined
in current noise certification standards
of 14 CFR part 36.
These diverse concept designs may
require additional noise certification
requirements that are tailored to these
new aircraft types, instead of following
the existing requirements for small
propeller airplanes, jet transport
airplanes, helicopters, or tiltrotor
aircraft. The FAA will examine each
application and determine whether
existing part 36 requirements are
appropriate as a noise certification
basis. If not, FAA may require Rules of
Particular Applicability (RPA) to
establish the noise certification basis for
these new aircraft designs.
This categorical exclusion finding
applies only to this proposed rule. The
FAA will initiate a separate review of
any final rule.
I. Regulations Affecting Intrastate
Aviation in Alaska
Section 1205 of the FAA
Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when
modifying 14 CFR in a manner affecting
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intrastate aviation in Alaska, to consider
the extent to which Alaska is not served
by transportation modes other than
aviation, and to establish appropriate
regulatory distinctions. Because this
proposed rule would apply to
operations of powered-lift that could
occur throughout the territorial airspace
of the United States, it could, if adopted,
affect intrastate aviation in Alaska. The
FAA, therefore, specifically requests
comments on whether there is
justification for applying the proposed
rule differently in intrastate operations
in Alaska.
X. Executive Order Determinations
ddrumheller on DSK120RN23PROD with PROPOSALS2
A. Executive Order 14036, Promoting
Competition in the United States
Economy
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order (E.O.) 14036,
Promoting Competition in the United
States Economy. The FAA finds that
this action would promote competition
by enabling powered-lift to enter the
market. The FAA anticipates that
powered-lift would compete with
surface transportation modes in
congested intra-city areas for those
passengers that want the benefits of
convenient and shorter travel times
compared to traditional intra-city travel
modes that are currently available.
Additionally, the integration of
powered-lift into the NAS would foster
competition between powered-lift,
airplanes, and helicopters with respect
to passenger-carrying operations and
cargo operations, which would benefit
American travelers, consumers, and
businesses. By enabling the safe
integration of powered-lift into the NAS,
the proposed rule would facilitate
innovations that foster United States
market leadership and market entry to
promote competition and economic
opportunity and to resist
monopolization, while also ensuring
safety, promoting equity, and providing
oversight of market participants.
B. Executive Order 13985, Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order (E.O.) 13985,
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government. Consistent
with Executive Order 13985, the FAA
has analyzed this proposed rule to
assess whether, and to what extent, it
may perpetuate systemic barriers to
opportunities and benefits for
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19:58 Jun 13, 2023
Jkt 259001
underserved communities and their
members. The FAA finds that the
proposed rule to enable the certification
of powered-lift pilots and safe poweredlift operations could advance equity for
historically disadvantaged communities
by expanding their access to goods and
services. FAA seeks comment on how
this emerging technology could promote
equity, and what factors impacting
equity, if any, FAA should consider as
it enters the marketplace.
C. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order (E.O.) 13132,
Federalism. The FAA has determined
that this action would not have a
substantial direct effect on the States, or
the relationship between the Federal
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, and, therefore,
would not have federalism implications.
The FAA notes that States are already
preempted from regulating aviation
safety and the efficient use of airspace
by aircraft.519
D. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Consistent with Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,520 and
FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation
Policy and Procedures,521 the FAA
ensures that Federally Recognized
Tribes (Tribes) are given the opportunity
to provide meaningful and timely input
regarding proposed Federal actions that
have the potential to affect uniquely or
significantly their respective Tribes. At
this point, the FAA has not identified
any unique or significant effects,
environmental or otherwise, on tribes
resulting from this proposed rule.
E. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under E.O. 13211, Actions Concerning
Regulations that Significantly Affect
Energy Supply, Distribution, or Use.
The FAA has determined that it would
not be a ‘‘significant energy action’’
519 Congress has vested the FAA with authority to
regulate the areas of airspace use, management and
efficiency, air traffic control, safety, navigational
facilities, pilot training and certification, and
aircraft noise at its source. See, e.g., 49 U.S.C.
40103, 44502, and 44701–44735.
520 65 FR 67249 (Nov. 6, 2000).
521 FAA Order No. 1210.20 (Jan. 28, 2004),
available at https://www.faa.gov/documentLibrary/
media/1210.pdf.
PO 00000
Frm 00135
Fmt 4701
Sfmt 4702
39079
under the executive order and would
not be likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
F. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of E.O. 13609
and has determined that this action
would have no effect on international
regulatory cooperation.
XI. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The FAA also invites comments
relating to the economic, environmental,
energy, or federalism impacts that might
result from adopting the proposals in
this document. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
time if comments are filed electronically
or commenters should send only one
copy of written comments if comments
are filed in writing.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this proposal in light of the comments
it receives.
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
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ddrumheller on DSK120RN23PROD with PROPOSALS2
B. Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person in the FOR
FURTHER INFORMATION CONTACT section of
this document. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments
received, any final rule, and all
background material may be viewed
online at https://www.regulations.gov
using the docket number listed above. A
copy of this proposed rule will be
placed in the docket. Electronic retrieval
help and guidelines are available on the
website. It is available 24 hours each
day, 365 days each year. An electronic
copy of this document may also be
downloaded from the Office of the
Federal Register’s website at https://
www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found at the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed in
the electronic docket for this
rulemaking.
D. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
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1996 requires the FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
14 CFR Part 142
Airmen, Educational facilities,
Reporting and recordkeeping
requirements, Schools, Teachers.
14 CFR Part 194
List of Subjects
Air carriers, Air taxis, Air traffic
control, Air transportation, Aircraft,
Airmen, Airports, Aviation safety,
Charter flights, Freight, Incorporation by
reference, Navigation (air), Recreation
and recreation areas, Reporting and
recordkeeping requirements, Teachers,
Schools.
14 CFR Part 1
The Proposed Amendment
Air transportation.
14 CFR Part 43
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 60
Airmen, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 61
Aircraft, Airmen, Aviation safety,
Recreation and recreation areas,
Reporting and recordkeeping
requirements, Security measures,
Teachers.
For the reasons discussed in the
preamble, the Federal Aviation
Administration proposes to amend
chapter I of title 14, Code of Federal
Regulations as follows:
PART 1—DEFINITIONS AND
ABBREVIATIONS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701.
2. Amend § 1.1 by revising the
introductory text to read as follows:
■
§ 1.1
14 CFR Part 91
Agriculture, Air carriers, Air taxis, Air
traffic control, Aircraft, Airmen,
Airports, Aviation safety, Charter
flights, Freight, Reporting and
recordkeeping requirements, Security
measures, Transportation.
General definitions.
As used in this chapter, unless the
context requires otherwise:
*
*
*
*
*
■ 3. Amend § 1.2 by revising the
introductory text to read as follows:
§ 1.2
Abbreviations and symbols.
In this chapter:
*
*
*
*
*
■ 4. Amend § 1.3 by revising paragraphs
(a) introductory text and (b)
introductory text to read as follows:
14 CFR Part 97
Air traffic control, Airports,
Navigation (air), Weather.
14 CFR Part 111
Administrative practice and
procedure, Air carriers, Air taxis,
Aircraft, Airmen, Alcohol abuse,
Aviation safety, Charter flights, Drug
abuse, Reporting and recordkeeping
requirements.
§ 1.3
Rules of construction.
14 CFR Part 135
(a) In this chapter, unless the context
requires otherwise:
*
*
*
*
*
(b) In this chapter, the word:
*
*
*
*
*
Air taxis, Aircraft, Airmen, Aviation
safety, Reporting and recordkeeping
requirements.
PART 43—MAINTENANCE,
PREVENTIVE MAINTENANCE,
REBUILDING, AND ALTERATION
14 CFR Part 136
■
Air transportation, Aircraft, Aviation
safety, National parks, Recreation and
recreation areas, Reporting and
recordkeeping requirements.
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.
14 CFR Part 141
■
Airmen, Educational facilities,
Reporting and recordkeeping
requirements, Schools.
§ 43.1
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Fmt 4701
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5. The authority citation for part 43
continues to read as follows:
6. Amend § 43.1 by adding paragraph
(e) to read as follows:
*
E:\FR\FM\14JNP2.SGM
Applicability.
*
*
14JNP2
*
*
Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
(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
7. The authority citation for part 60
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
and 44701; Pub. L. 111–216, 124 Stat. 2348
(49 U.S.C. 44701 note).
8. Amend § 60.1 by revising paragraph
(a) to read as follows:
■
§ 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
9. The authority citation for part 61 is
revised to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
44903, 45102–45103, and 45301–45302; sec.
2307, Pub. L. 114–190, 130 Stat. 615 (49
U.S.C. 44703 note); and sec. 318, Pub. L.
115–254, 132 Stat. 3186 (49 U.S.C. 44703
note).
10. In part 61, revise all references to
‘‘cross-country flight time’’ to read
‘‘cross-country time’’.
■ 11. Amend § 61.1 by:
■ a. Revising paragraph (a); and
■ b. In the definition of ‘‘Cross-country
time’’ in paragraph (b), revising
paragraph (i) introductory text.
The revision reads as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS2
§ 61.1
Applicability and definitions.
(a) Except as provided in parts 107
and 194 of this chapter, this part
prescribes:
(1) The requirements for issuing pilot,
flight instructor, and ground instructor
certificates and ratings; the conditions
under which those certificates and
ratings are necessary; and the privileges
and limitations of those certificates and
ratings.
(2) The requirements for issuing pilot,
flight instructor, and ground instructor
authorizations; the conditions under
which those authorizations are
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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—
*
*
*
*
*
■ 12. Amend § 61.3 by revising
paragraphs (e)(1) and (2), (f)(2)(i) and
(ii), and (g)(2)(i) and (ii) to read as
follows:
§ 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
*
*
*
*
*
■ 13. Amend § 61.5 by:
■ a. Redesignating paragraphs (b)(7)(iii)
and (iv) as paragraphs (b)(7)(iv) and
(b)(9), respectively; and
■ b. Adding new paragraph (b)(7)(iii).
The addition reads as follows:
§ 61.5 Certificates and ratings issued
under this part.
*
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*
Frm 00137
*
Fmt 4701
*
Sfmt 4702
39081
(b) * * *
(7) * * *
(iii) Powered-lift.
*
*
*
*
*
■ 14. Amend § 61.31 by:
■ a. Redesignating paragraph (a)(3) as
paragraph (a)(4);
■ b. Adding new paragraph (a)(3); and
■ c. Revising paragraph (l)(1).
The revision and addition read as
follows:
§ 61.31 Type rating requirements,
additional training, and authorization
requirements.
(a) * * *
(3) Powered-lift.
*
*
*
*
*
(l) * * *
(1) This section does not require a
category and class rating for aircraft that
is not identified as an aircraft under
§ 61.5(b).
*
*
*
*
*
■ 15. Amend § 61.39 by revising
paragraph (a)(3) to read as follows:
§ 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
§ 61.159(c), present a copy of the
records required by § 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;
*
*
*
*
*
■ 16. Amend § 61.43 by adding
paragraph (g) to read as follows:
§ 61.43 Practical tests: General
procedures.
*
*
*
*
*
(g) A practical test for an airline
transport pilot (ATP) certificate with
category and class rating (if a class
rating is required) in an aircraft that
requires a type rating or in a flight
simulation training device that
represents an aircraft that requires a
type rating includes the same tasks and
maneuvers as a practical test for a type
rating.
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■
17. Amend § 61.47 by revising the
section heading and adding paragraph
(d) to read as follows:
■
§ 61.47 Status and responsibilities of an
examiner who is authorized by the
Administrator to conduct practical tests.
§ 61.57 Recent flight experience: Pilot in
command.
*
*
*
*
*
(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.
■ 18. Amend § 61.51 by revising
paragraph (f)(2) to read as follows:
§ 61.51
Pilot logbooks.
*
*
*
*
*
(f) * * *
(2) Holds the appropriate category,
class, and instrument rating (if a class or
instrument rating is required) for the
aircraft being flown, and more than one
pilot is required under the type
certification of the aircraft or the
regulations under which the flight is
being conducted; or
*
*
*
*
*
■ 19. Amend § 61.55 by revising
paragraph (a) to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS2
§ 61.55 Second-in-command
qualifications.
(a) A person may serve as a secondin-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 § 194.209(a) of
this chapter.
*
*
*
*
*
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20. Amend § 61.57 by revising
paragraphs (a)(1)(ii), (b)(1)(ii), and (g)(1)
and (4) to read as follows:
(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);
*
*
*
*
*
§ 61.63
[Amended]
21. Amend § 61.63 by removing and
reserving paragraph (h).
■ 22. Amend § 61.64 by revising
paragraphs (a)(1) and (e), (f)
introductory text, and (g)(1) to read as
follows:
■
§ 61.64 Use of a flight simulator and flight
training device.
(a) * * *
(1) Must represent the category, class,
and type (if a class or type rating is
applicable) for the rating sought, except
that a person may not use a flight
simulator or flight training device
representing an aircraft requiring a type
rating for any portion of the practical
test without seeking a type rating for
that aircraft; and
*
*
*
*
*
(e) Except as provided in paragraph (f)
of this section, if a powered-lift is not
used during the practical test for a type
rating in a powered-lift (except for
preflight inspection), an applicant must
accomplish the entire practical test in a
Level C or higher flight simulator and
have 500 hours of flight time in the type
of powered-lift for which the rating is
sought.
PO 00000
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(f) If the applicant does not meet one
of the experience requirements of
paragraphs (b)(1) through (5),
paragraphs (c)(1) through (5),
paragraphs (d)(1) through (4), or
paragraph (e) of this section, as
appropriate to the type rating sought,
then—
*
*
*
*
*
(g) * * *
(1) Performs 25 hours of flight time in
an aircraft of the appropriate category,
class, and type for which the limitation
applies under the direct observation of
the pilot in command who holds a
category, class (if a class rating is
required), and type rating, without
limitations, for the aircraft;
*
*
*
*
*
■ 23. Amend § 61.109 by revising
paragraph (e)(5) introductory text to
read as follows:
§ 61.109
Aeronautical experience.
*
*
*
*
*
(e) * * *
(5) 10 hours of solo flight time in a
powered-lift consisting of at least—
*
*
*
*
*
■ 24. Amend § 61.163 by adding
paragraphs (c), (d), and (e) to read as
follows:
§ 61.163 Aeronautical experience:
Powered-lift category rating.
*
*
*
*
*
(c) Flight time logged under
§ 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.
§ 61.165
[Amended]
25. Amend § 61.165 by removing
paragraph (g).
■ 26. Amend § 61.167 by revising the
introductory text of paragraph (a)(2) to
read as follows:
■
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§ 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 § 61.159, § 61.161, or
§ 61.163, and the age requirements of
§ 61.153(a)(1) may instruct—
*
*
*
*
*
33. The authority citation for part 97
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, and 44721–44722.
34. Amend § 97.1 by adding paragraph
(c) to read as follows:
■
27. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
§ 97.1
28. Amend § 91.1 by revising
paragraph (d) and adding paragraph (g)
to read as follows:
■
■
§ 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.
§ 91.205
[Amended]
29. Amend § 91.205 by removing the
word ‘‘category’’ after the word
‘‘standard’’ wherever it appears.
■ 30. Amend § 91.903 by revising
paragraph (a) to read as follows:
■
§ 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.
*
*
*
*
*
■ 31. Amend § 91.1053 by revising
paragraph (a)(2)(i) to read as follows:
§ 91.1053
Crewmember experience.
(a) * * *
(2) * * *
(i) Pilot in command—Airline
transport pilot and applicable type
ratings not limited to VFR only.
*
*
*
*
*
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[Amended]
32. Amend § 91.1115(b)(1) by
removing the word ‘‘airplane’’ and
adding in its place the word ‘‘aircraft’’.
■
PART 97—STANDARD INSTRUMENT
PROCEDURES
PART 91—GENERAL OPERATING AND
FLIGHT RULES
ddrumheller on DSK120RN23PROD with PROPOSALS2
§ 91.1115
Applicability.
*
*
*
*
*
(c) Additional applicability of copter
procedures for powered-lift is set forth
in part 194 of this chapter.
PART 111—PILOT RECORDS
DATABASE
35. The authority citation for part 111
continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40113, 44701, 44703, 44711, 46105, 46301.
36. Amend § 111.1 by revising
paragraph (b)(4) introductory text and
adding paragraph (b)(4)(iii) to read as
follows:
■
§ 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 § 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
37. The authority citation for part 135
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
41706, 44701–44702, 44705, 44709, 44711–
44713, 44715–44717, 44722, 44730, 45101–
45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C.
44730).
38. Amend § 135.1 by adding
paragraph (d) to read as follows:
■
§ 135.1
*
PO 00000
*
Applicability.
*
Frm 00139
*
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*
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39083
(d) Additional requirements for
powered-lift operations, training,
checking, and testing, are set forth in
part 194 of this chapter.
■ 39. Amend § 135.100 by:
■ a. Adding paragraph (d); and
■ b. Removing the note at the end of the
section.
The addition reads as follows:
§ 135.100
Flight crewmember duties.
*
*
*
*
*
(d) For purposes of this section, taxi
is defined as ‘‘movement of an aircraft
under its own power on the surface of
an airport’’.
■ 40. Amend § 135.152 by revising
paragraph (j) to read as follows:
§ 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.
*
*
*
*
*
■ 41. Amend § 135.179 by revising
paragraph (b)(1) to read as follows:
§ 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.
*
*
*
*
*
■ 42. Amend § 135.243 by:
■ a. Revising paragraph (a)(1);
■ b. Adding paragraph (a)(3);
■ c. Revising paragraphs (b)(1) and (4);
■ d. Adding paragraph (b)(5);
■ e. Revising paragraphs (c)(1) and (4);
and
■ f. Adding paragraph (c)(5).
The revisions and additions read as
follows:
§ 135.243
Pilot in command qualifications.
(a) * * *
(1) Of a turbojet airplane, of an
airplane having a passenger-seat
configuration, excluding each
crewmember seat, of 10 seats or more,
or of a multiengine airplane in a
commuter operation as defined in part
110 of this chapter, unless that person
holds an airline transport pilot
certificate with appropriate category and
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class ratings and, if required, an
appropriate type rating for that airplane.
*
*
*
*
*
(3) Of a turbojet-powered poweredlift, of a powered-lift having a
passenger-seat configuration, excluding
each crewmember seat, of 10 seats or
more, or of a powered-lift in a commuter
operation as defined in part 110 of this
chapter, unless that person holds an
airline transport pilot certificate with
appropriate category rating, and
appropriate type rating not limited to
VFR for that powered-lift.
(b) * * *
(1) Holds at least a commercial pilot
certificate with appropriate category and
class ratings, an appropriate type rating
for that aircraft, if required, and for a
powered-lift, a type rating for that
aircraft not limited to VFR; and
*
*
*
*
*
(4) For helicopter operations
conducted VFR over-the-top, holds a
helicopter instrument rating, or an
airline transport pilot certificate with a
category and class rating for that
aircraft, not limited to VFR; or
(5) For a powered-lift, holds an
instrument-powered-lift rating or an
airline transport pilot certificate with a
powered-lift category rating.
(c) * * *
(1) Holds at least a commercial pilot
certificate with appropriate category and
class ratings, an appropriate type rating
for that aircraft, if required, and for a
powered-lift, a type rating for that
aircraft not limited to VFR; and
*
*
*
*
*
(4) For a helicopter, holds a helicopter
instrument rating, or an airline transport
pilot certificate with a category and
class rating for that aircraft, not limited
to VFR; or
(5) For a powered-lift, holds an
instrument-powered-lift rating or an
airline transport pilot certificate with a
powered-lift category rating.
*
*
*
*
*
§ 135.244
[Amended]
43. Amend § 135.244 by removing the
number ‘‘119’’ in the introductory text
of paragraph (a) and adding in its place
the number ‘‘110’’.
■ 44. Amend § 135.245 by revising the
introductory text of paragraph (c)(1) to
read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS2
■
§ 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
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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 viewlimiting device:
*
*
*
*
*
■ 45. Amend § 135.293 by:
■ a. Revising paragraphs (a)(9), (b), and
(c); and
■ b. Removing and reserving paragraph
(h).
The revisions read as follows:
§ 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 singleengine 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
PO 00000
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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.
*
*
*
*
*
■ 46. Amend § 135.297 by revising
paragraphs (c)(1)(i) and (ii) and (g)(3) to
read as follows:
§ 135.297 Pilot in command: Instrument
proficiency check requirements.
*
*
*
*
*
(c) * * *
(1) * * *
(i) For a pilot in command of an
aircraft under § 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 § 135.243(c), include the
procedures and maneuvers for a
commercial pilot certificate with an
instrument rating and, if required, for
the appropriate type rating.
*
*
*
*
*
(g) * * *
(3) Each pilot taking the autopilot
check must show that, while using the
autopilot:
(i) The airplane or powered-lift can be
operated as proficiently as it would be
if a second in command were present to
handle air-ground communications and
air traffic control instructions. The
autopilot check need only be
demonstrated once every 12 calendar
months during the instrument
proficiency check required under
paragraph (a) of this section.
(ii) On and after [DATE 6 MONTHS
AFTER THE EFFECTIVE DATE OF
FINAL RULE], rotorcraft can be
operated as proficiently as it would be
if a second in command were present to
handle air-ground communications and
air traffic control instructions. The
autopilot check need only be
demonstrated once every 12 calendar
months during the instrument
proficiency check required under
paragraph (a) of this section.
■ 47. Effective [DATE 6 MONTHS
AFTER THE EFFECTIVE DATE OF
FINAL RULE], further amend § 135.297
by revising paragraph (g)(3) to read as
follows:
§ 135.297 Pilot in command: Instrument
proficiency check requirements.
*
*
*
(g) * * *
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(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 airground communications and air traffic
control instructions. The autopilot
check need only be demonstrated once
every 12 calendar months during the
instrument proficiency check required
under paragraph (a) of this section.
PART 136—COMMERCIAL AIR TOURS
AND NATIONAL PARKS AIR TOUR
MANAGEMENT
48. The authority citation for part 136
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 40119,
44101, 44701, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44912, 46105.
49. Amend § 136.1 by adding
paragraph (f) to read as follows:
■
§ 136.1
Applicability and definitions.
*
*
*
*
*
(f) Additional requirements for
powered-lift operations are set forth in
part 194 of this chapter.
PART 141—PILOT SCHOOLS
50. The authority citation for part 141
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709, 44711, 45102–
45103, 45301–45302.
■
51. Revise § 141.1 to read as follows:
§ 141.1
Applicability.
This part prescribes the requirements
for issuing pilot school certificates,
provisional pilot school certificates, and
associated ratings, and the general
operating rules applicable to a holder of
a certificate or rating issued under this
part. Additional requirements for pilot
schools seeking to provide training
courses for powered-lift certification
and ratings are set forth in part 194 of
this chapter.
PART 142—TRAINING CENTERS
52. The authority citation for part 142
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS2
Authority: 49 U.S.C. 106(f), 106(g), 40113,
40119, 44101, 44701–44703, 44705, 44707,
44709–44711, 45102–45103, 45301–45302.
*
*
*
*
(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.
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*
*
*
*
*
(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;
*
*
*
*
*
■ 55. Amend § 142.47 by revising
paragraphs (a)(5)(ii) and (c)(2)(ii) to read
as follows:
§ 142.47 Training center instructor
eligibility requirements.
(a) * * *
(5) * * *
(ii) If instructing in flight simulator or
flight training device that represents an
aircraft requiring a type rating or if
instructing in a curriculum leading to
the issuance of an airline transport pilot
certificate or an added rating to an
airline transport pilot certificate, meets
the aeronautical experience
requirements of § 61.159, § 61.161, or
§ 61.163 of this chapter, as applicable. A
person employed as an instructor and
instructing in a flight simulator or flight
training device that represents a
rotorcraft requiring a type rating is not
required to meet the aeronautical
experience requirements of this
paragraph (a)(5)(ii) if:
(A) The person is not instructing in a
curriculum leading to the issuance of an
airline transport pilot certificate or an
added rating to an airline transport pilot
certificate; and
(B) The person was employed and met
the remaining requirements of this
section on [EFFECTIVE DATE OF
FINAL RULE]; or
*
*
*
*
*
(c) * * *
(2) * * *
(ii) That is accepted by the
Administrator as being of equivalent
difficulty, complexity, and scope as the
tests provided by the Administrator for
the applicable flight instructor and
instrument flight instructor knowledge
tests to the aircraft category in which
they are instructing.
[Amended]
56. Amend § 142.53 in paragraphs
(b)(2)(i) and (b)(3)(i) by removing the
word ‘‘airplane’’ and adding in its place
the word ‘‘aircraft’’.
■
Applicability.
*
§ 142.11 Application for issuance or
amendment.
§ 142.53
53. Amend § 142.1 by adding
paragraph (d) to read as follows:
■
§ 142.1
54. Amend § 142.11 by revising
paragraph (d)(2)(iii) to read as follows:
■
§ 142.57
[Amended]
57. Amend § 142.57(c) by removing
the word ‘‘Airplanes’’ and adding in its
place the word ‘‘Aircraft’’.
■
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39085
58. Under the authority of 49 U.S.C.
106(f), add subchapter L, consisting of
part 194, to read as follows:
■
Subchapter L—Other Special Federal
Aviation Regulations
PART 194—SPECIAL FEDERAL
AVIATION REGULATION NO. 120—
POWERED-LIFT: PILOT
CERTIFICATION AND TRAINING;
OPERATIONS REQUIREMENTS
Sec.
Subpart A—General
194.101 Applicability.
194.103 Definitions.
194.105 Qualification of powered-lift
FSTDs.
194.107 Expiration.
194.109 Incorporation by reference.
Subpart B—Certification, Training, and
Qualification Requirements for Pilots and
Flight Instructors
194.201 Alternate definition of crosscountry time.
194.203 Alternate qualification
requirements for certain flight
instructors.
194.205 Limitations on flight training
privileges for holders of airline transport
pilot certificates under a part 135 of this
chapter approved training program.
194.207 Alternate requirement for practical
tests and training in a powered-lift.
194.209 Additional qualification
requirements for certain pilots serving as
second-in-command.
194.211 Alternate eligibility requirements
for a person seeking a powered-lift type
rating.
194.213 Alternate endorsement
requirements for certain persons seeking
a powered-lift rating.
194.215 Applicability of alternate
aeronautical experience and logging
requirements for commercial pilot
certification and a powered-lift
instrument rating.
194.217 Test pilots: Alternate aeronautical
experience and logging requirements for
a commercial pilot certificate with a
powered-lift category rating.
194.219 Instructor pilots: Alternate
aeronautical experience and logging
requirements for a commercial pilot
certificate with a powered-lift category
rating.
194.221 Initial cadre of instructors:
Alternate aeronautical experience and
logging requirements for a commercial
pilot certificate with a powered-lift
category rating.
194.223 Pilots receiving training under an
approved training program: Alternate
requirements for a commercial pilot
certificate with a powered-lift category
rating.
194.225 Test pilots: Alternate aeronautical
experience and logging requirements for
an instrument-powered-lift rating.
194.227 Instructor pilots: Alternate
aeronautical experience and logging
requirements for an instrument-poweredlift rating.
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194.229 Initial cadre of instructors:
Alternate aeronautical experience and
logging requirements for an instrumentpowered-lift rating.
194.231 Pilots receiving training under an
approved training program: Alternate
requirements for an instrument-poweredlift 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-poweredlift rating.
194.237 Alternate means to satisfy the
cross-country aeronautical experience
requirements for a private pilot
certificate with a powered-lift category
rating.
194.239 Alternate means to satisfy
minimum curriculum content in certain
appendices to part 141 of this chapter.
194.241 Alternate qualification
requirements for chief instructors,
assistant chief instructors, and check
instructors.
194.243 Pilot certification through
completion of training, testing, and
checking part 135 of this chapter.
194.245 Pilot qualification and program
management requirements to operate
powered-lift under subpart K of part 91
of this chapter.
194.247 Pilot qualification requirements to
operate powered-lift under part 135 of
this chapter.
194.249 References to class in parts 135,
141, and 142 of this chapter.
194.251 Alternate means to satisfy
minimum curriculum content in training
courses under part 142 of this chapter.
Subpart C—Requirements for Persons
Operating Powered-lift
194.301 Applicability.
194.302 Airplane provisions under part 91
of this chapter applicable to poweredlift.
194.303 Rotorcraft and helicopter
provisions under part 91 of this chapter
applicable to powered-lift.
194.304 IFR takeoff, approach, and landing
minimums.
194.305 ATC transponder and altitude
reporting equipment and use.
194.306 Applicability of copter procedures
under part 97 of this chapter to poweredlift.
194.307 Airplane provisions under part 135
of this chapter applicable to poweredlift.
194.308 Rotorcraft and helicopter
provisions under part 135 of this chapter
applicable to powered-lift.
194.309 Applicability of rules for eligible
on-demand operations.
194.310 Applicability of national air tour
safety standards under part 136 of this
chapter to powered-lift.
194.311 Applicability of flight instruction;
Simulated instrument flight.
194.312 Powered-lift in vertical-lift flight
mode, flight recorder specifications
under part 91 of this chapter.
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194.313 Powered-lift in wing-borne flight
mode, flight recorder specifications
under part 91 of this chapter.
194.314 Powered-lift in vertical-lift flight
mode, flight recorder specifications
under part 135 of this chapter.
194.315 Powered-lift in wing-borne flight
mode, flight recorder specification under
part 135 of this chapter.
Subpart D—Maintenance, Preventive
Maintenance, Rebuilding, and Alteration
Requirements for Powered-lift under Part 43
of this Chapter
194.401 Applicability.
194.402 Maintenance provisions.
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f),
106(g), 40113, 44701–44705, 44707, 44712,
44713, 44715, 44716, and 44722.
Subpart A—General
§ 194.101
Applicability.
(a) The Special Federal Aviation
Regulation (SFAR) in this part
prescribes:
(1) Certain requirements for that may
be satisfied in lieu of the requirements
of part 61 of this chapter for persons
seeking a powered-lift pilot certificate
and rating, the conditions under which
those certificates and ratings are
necessary, and the privileges and
limitations of those certificates and
ratings;
(2) The general operating rules
applicable to all persons operating
powered-lift, including those an
operator must meet to conduct poweredlift 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.
§ 194.103
Definitions.
For the purpose of this part:
Extended over-water operation means
a powered-lift operation over water at a
horizontal distance of more than 50
nautical miles from the nearest
shoreline and more than 50 nautical
miles from an off-shore heliport
structure under part 91 or 135 of this
chapter.
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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 § 21.191(g) of
this chapter, builder of a kit aircraft
under § 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 poweredlift for the purpose of research and
development and showing compliance
with this chapter.
§ 194.105
FSTDs.
Qualification of powered-lift
For flight simulation training devices
(FSTDs) representing powered-lift for
which qualification standards have not
been issued under part 60 of this
chapter, the applicable requirements
will be the portions of the flight
simulation training device qualification
performance standards contained in
appendices A through D to part 60 of
this chapter that are found by the
Federal Aviation Administration (FAA)
Administrator (Administrator) to be
appropriate for the powered-lift and
applicable to a specific type design, or
such FSTD qualification criteria as the
Administrator may find provide an
equivalent level of safety to those FSTD
qualification standards.
§ 194.107
Expiration.
This part, consisting of Special
Federal Aviation Regulation (SFAR) No.
120, will remain in effect until [10
YEARS FROM THE FINAL RULE
EFFECTIVE DATE]. The FAA may
amend, rescind, or extend the SFAR as
necessary.
§ 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,
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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
fr.inspection@nara.gov. 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 §§ 194.302; 194.307; and
194.308.
(2) [Reserved]
(b) U.S. Department of Transportation,
Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business
Center, 3341 Q 75th Avenue, Landover,
MD 20785; phone (301) 322–5377;
www.faa.gov/aircraft/air_cert/design_
approvals/tso/ (select the link ‘‘Search
Technical Standard Orders’’).
(1) Technical Standard Order (TSO)C194, Helicopter Terrain Awareness and
Warning System (Dec. 17, 2008); into
§§ 194.302; 194.307; and 194.308.
(2) [Reserved]
Subpart B—Certification, Training, and
Qualification Requirements for Pilots
and Flight Instructors
§ 194.201 Alternate definition of crosscountry time.
Notwithstanding the cross-country
time definitions in § 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.
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§ 194.203 Alternate qualification
requirements for certain flight instructors.
(a) Instructor pilots at a manufacturer.
In addition to the provisions specified
in § 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—
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(1) A test pilot; or
(2) A person authorized by the
Administrator to serve as an initial
check pilot, chief instructor, assistant
chief instructor, or training center
evaluator for the purpose of initiating
training in a powered-lift under an
approved training program under part
135, 141, or 142 of this chapter, as
appropriate.
(b) Flight instructors under part 135 of
this chapter. Notwithstanding the
requirement in § 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 § 194.243(a)(1).
§ 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
§ 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
§ 194.243(a)(1).
§ 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
§ 61.45(b)(1)(ii) of this chapter and the
limitation specified in § 61.45(b)(2) of
this chapter, an applicant for a
certificate or rating may use a poweredlift 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
§§ 61.107(a) and 61.127(a) of this
chapter for training to include the areas
of operation listed in § 61.107(b)(5) or
§ 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
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39087
performing the task, provided the FAA
has issued waiver authority for that task
in accordance with paragraph (b) of this
section.
§ 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 poweredlift category rating by satisfactorily
completing the practical test in a
powered-lift that is precluded from
performing each task required by
§ 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 § 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
§ 135.293 or § 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 § 194.207(b).
§ 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 § 61.63(d)(1) of this chapter, a person
who applies for an initial powered-lift
type rating to be completed
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concurrently with a powered-lift
category rating may apply for the type
rating without holding or concurrently
obtaining a powered-lift instrument
rating, but the type rating will be
limited to ‘‘visual flight rules (VFR)
only.’’
(2) Notwithstanding the requirement
in § 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
§ 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 poweredlift type rating with a ‘‘VFR only’’
limitation. (1) Notwithstanding the
requirement to hold or concurrently
obtain an appropriate instrument rating
in § 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.’’
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(2) Notwithstanding the requirement
in § 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 poweredlift 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.
§ 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 §§ 194.217 through 194.231
apply only to persons who hold at least
a commercial pilot certificate with the
following ratings:
(1) An airplane category rating with a
single-engine or multi-engine class
rating and an instrument-airplane
rating; or
(2) A rotorcraft category rating with a
helicopter class rating and an
instrument-helicopter rating.
(b) If no alternate aeronautical
experience or logging requirement is
provided under this part, the person
must meet the applicable requirements
under part 61 of this chapter, as
appropriate.
§ 194.213 Alternate endorsement
requirements for certain persons seeking a
powered-lift rating.
§ 194.217 Test pilots: Alternate
aeronautical experience and logging
requirements for a commercial pilot
certificate with a powered-lift category
rating.
(a) Notwithstanding the requirements
in part 61 of this chapter for an
authorized instructor to provide
endorsements for certificates and
ratings, including endorsements for solo
flight, the following persons may
provide the required logbook or training
record endorsements under part 61 and
this part for a commercial pilot
certificate with a powered-lift category
rating, an instrument-powered-lift
rating, a powered-lift type rating, or a
flight instructor certificate with
powered-lift ratings—
(1) An instructor pilot, provided the
applicant is either—
(i) A test pilot for the manufacturer of
an experimental powered-lift; or
(ii) A person authorized by the
Administrator to serve as an initial
check pilot, chief instructor, assistant
chief instructor, or training center
evaluator for the purpose of initiating
training in a powered-lift under an
approved training program under part
135, 141, or 142 of this chapter, as
appropriate; or
(2) A management official within the
manufacturer’s organization, provided
the applicant is an instructor pilot for
the manufacturer of an experimental
powered-lift.
(b) The endorsements for training
time under this section must include a
description of the training given, length
of training lesson, and the endorsement
provider’s signature and identifying
information, including certificate
number and expiration date, if
applicable.
(a) General applicability. An applicant
for a commercial pilot certificate with a
powered-lift category rating who is a
test pilot for the manufacturer of an
experimental powered-lift may satisfy
the alternate aeronautical experience
and logging requirements set forth in
paragraphs (b) and (c) of this section,
provided—
(1) The flights are conducted in an
experimental powered-lift at the
manufacturer; and
(2) The applicant is authorized by the
Administrator to act as pilot in
command of the experimental poweredlift.
(b) Alternate aeronautical experience
requirements. Notwithstanding the
eligibility requirement specified in
§ 61.123(f) of this chapter, a test pilot
may meet the requirements in
paragraphs (b)(1) through (4) of this
section in lieu of the aeronautical
experience requirements of
§ 61.129(e)(3) and (4) of this chapter.
(1) A test pilot may receive 20 hours
of flight training on the areas of
operation listed in § 61.127(b)(5) of this
chapter from an instructor pilot for the
manufacturer of an experimental
powered-lift in lieu of an authorized
instructor, provided—
(i) The training is conducted in
accordance with the manufacturer’s
proposed training curriculum in the
experimental powered-lift; and
(ii) The test pilot receives a logbook
or training record endorsement from the
instructor pilot certifying that the test
pilot satisfactorily completed the
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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-incommand of the experimental poweredlift.
(b) Alternate aeronautical experience
requirements. Notwithstanding the
eligibility requirement specified in
§ 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
§ 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 § 61.129(e)(3) of this
chapter.
(i) The instructor pilot provided the
manufacturer’s proposed training
curriculum to a test pilot in the
experimental powered-lift, which
includes 20 hours of training on the
areas of operation listed in
§ 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
§ 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
§ 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 § 61.129(e)(2) of this
chapter)—
(i) A test pilot for the manufacturer of
§ 194.219 Instructor pilots: Alternate
the powered-lift who is authorized by
aeronautical experience and logging
requirements for a commercial pilot
the Administrator to act as pilot-incertificate with a powered-lift category
command of the experimental poweredrating.
lift; or
(ii) Another instructor pilot for the
(a) General applicability. An applicant
manufacturer of the powered-lift who is
for a commercial pilot certificate with a
training curriculum specified in
paragraph (b)(1)(i) of this section.
(2) A test pilot may accomplish the
practical test preparation requirements
in § 61.129(e)(3)(iv) of this chapter with
a pilot who serves as an instructor pilot
for the manufacturer of the experimental
powered-lift.
(3) A test pilot may satisfy the
aeronautical experience requirement in
§ 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 § 61.129(e)(2) of this
chapter)—
(i) Another test pilot for the
manufacturer of the powered-lift who is
authorized by the Administrator to act
as pilot-in-command of the
experimental powered-lift; or
(ii) An instructor pilot for the
manufacturer of the powered-lift who is
authorized by the Administrator to act
as pilot-in-command of the
experimental powered-lift.
(4) A test pilot may satisfy the
alternate requirements in § 194.233 in
lieu of the cross-country aeronautical
experience requirements specified in
§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of
this chapter.
(c) Alternate logging requirement.
Notwithstanding the logging
requirements in § 61.51(e)(1) of this
chapter, an applicant for a commercial
pilot certificate with a powered-lift
category rating may log pilot-incommand flight time for the purpose of
satisfying the aeronautical experience
requirements in § 61.129(e)(2)(i) and (ii)
of this chapter for flights when the pilot
is the sole manipulator of the controls
of an experimental powered-lift for
which the pilot is not rated, provided—
(1) The test pilot is acting as pilot-incommand of the experimental poweredlift 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 § 21.191 of this chapter.
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authorized by the Administrator to act
as pilot-in-command of the
experimental powered-lift.
(4) An instructor pilot may satisfy the
alternate requirements in § 194.233 in
lieu of the cross-country aeronautical
experience requirements specified in
§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of
this chapter.
(c) Alternate logging requirement.
Notwithstanding the logging
requirements in § 61.51(e)(3) of this
chapter, an applicant for a commercial
pilot certificate with a powered-lift
category rating may log pilot-incommand flight time for the purpose of
satisfying the aeronautical experience
requirements in § 61.129(e)(2)(i) and (ii)
of this chapter for flights when the pilot
is serving as an instructor pilot for the
manufacturer of an experimental
powered-lift for which the pilot is not
rated, provided—
(1) The pilot is acting as pilot-incommand of the experimental poweredlift 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 § 21.191
of this chapter.
§ 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 typecertificated powered-lift at the
manufacturer.
(b) Alternate aeronautical experience
requirements. Notwithstanding the
eligibility requirement specified in
§ 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
§ 61.129(e)(3) and (4) of this chapter.
(1) An applicant may receive 20 hours
of flight training on the areas of
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(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-incommand of the experimental poweredlift.
(b) Alternate aeronautical experience
requirements. A test pilot may meet the
aeronautical experience requirements of
paragraphs (b)(1) through (4) of this
section in lieu of the aeronautical
experience requirements of § 61.65(f)(2)
of this chapter.
(1) Notwithstanding the eligibility
requirement in § 61.65(a)(5) of this
chapter, a test pilot may receive 15
hours of instrument training on the
areas of operation listed in § 61.65(c) of
this chapter from an instructor pilot for
the manufacturer of an experimental
powered-lift in lieu of an authorized
instructor, provided—
(i) The training is conducted in
accordance with the manufacturer’s
proposed training curriculum in the
experimental powered-lift; and
(ii) The test pilot receives a logbook
or training record endorsement from the
instructor pilot certifying that the
applicant satisfactorily completed the
training curriculum specified in
paragraph (b)(1)(i) of this section.
(2) A test pilot may accomplish the
practical test preparation requirements
in § 61.65(f)(2)(i) of this chapter with an
instructor pilot for the manufacturer of
the experimental powered-lift.
(3) A test pilot may accomplish the
cross-country flight specified in
§ 61.65(f)(2)(ii) of this chapter for an
instrument-powered-lift rating without
an authorized instructor, provided the
test pilot—
(i) Completes the cross-country flight
specified in § 61.65(f)(2)(ii) of this
chapter with a pilot who serves as an
instructor pilot for the manufacturer of
the experimental powered-lift; and
(ii) Obtains a logbook or training
record endorsement from the instructor
pilot certifying that the person
completed the cross-country flight.
(4) A test pilot may satisfy the
alternate requirements in § 194.235 in
lieu of the cross-country aeronautical
experience requirements specified in
§ 61.65(f)(2)(ii) of this chapter.
§ 194.225 Test pilots: Alternate
(c) Alternate logging requirement.
aeronautical experience and logging
requirements for an instrument-powered-lift Notwithstanding the logging
rating.
requirements in § 61.51(e)(1) of this
(a) General applicability. An applicant chapter, a test pilot may log pilot-incommand flight time for the purpose of
for an instrument-powered-lift rating
§ 194.223 Pilots receiving training under
who is test pilot for the manufacturer of satisfying the 10-hour cross-country
an approved training program: Alternate
requirement in § 61.65(f)(1) of this
an experimental powered-lift may
requirements for a commercial pilot
certificate with a powered-lift category
chapter for flights when the pilot is the
satisfy the alternate aeronautical
rating.
experience and logging requirements set sole manipulator of the controls of an
experimental powered-lift for which the
(a) General applicability. An applicant forth in paragraphs (b) and (c) of this
pilot is not rated, provided—
section, provided—
for a commercial pilot certificate with a
operation listed in § 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 § 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
§ 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 § 61.129(e)(2) of this
chapter).
(4) An applicant may satisfy the
alternate requirements in § 194.233 in
lieu of the cross-country aeronautical
experience requirements specified in
§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of
this chapter.
(c) Alternate logging requirements.
Notwithstanding the logging
requirements in § 61.51(e)(1) of this
chapter, an applicant for a commercial
pilot certificate with a powered-lift
category rating may log up to 40 hours
of pilot-in-command flight time for the
purpose of satisfying the aeronautical
experience requirements in
§ 61.129(e)(2)(i) and (ii) of this chapter
for flights when the pilot is the sole
manipulator of the controls of a
powered-lift for which the pilot is not
rated, provided—
(1) The applicant is manipulating the
controls of the powered-lift with a
person onboard who serves as an
instructor pilot for the manufacturer;
(2) The applicant is performing the
duties of pilot-in-command; and
(3) The flight is conducted in
accordance with the manufacturer’s
training curriculum for the powered-lift.
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powered-lift category rating may satisfy
the alternate requirements set forth in
paragraphs (b) through (d) of this
section, provided the applicant is
receiving training under an approved
training program under part 135, 141, or
142 of this chapter for the purpose of
obtaining a powered-lift category.
(b) Alternate aeronautical experience
requirements. An applicant may satisfy
the alternate requirements in § 194.233
in lieu of the cross-country aeronautical
experience requirements specified in
§ 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of
this chapter.
(c) Alternate logging requirement.
Notwithstanding the logging
requirements in § 61.51(e)(1) of this
chapter, an applicant for a commercial
pilot certificate with a powered-lift
category rating may log up to 40 hours
of pilot-in-command time towards the
aeronautical experience requirement in
§ 61.129(e)(2)(i) of this chapter for
flights when the applicant is the sole
manipulator of the controls of a
powered-lift for which the pilot is not
rated, provided—
(1) The applicant is manipulating the
controls of the powered-lift with an
authorized instructor onboard;
(2) The applicant is performing the
duties of pilot-in-command; and
(3) The flight is conducted in
accordance with an approved training
program under part 135, 141, or 142 of
this chapter.
(d) Use of full flight simulators. In
addition to the permitted credit for use
of a full flight simulator in § 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 50hour pilot-in-command flight time
requirement in § 61.129(e)(2)(i) of this
chapter, provided—
(1) The aeronautical experience was
obtained performing the duties of pilotin-command in a Level C or higher full
flight simulator that represents the
powered-lift category; and
(2) The full flight simulator sessions
are conducted in accordance with an
approved training program under part
135, 141, or 142 of this chapter.
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
specified in § 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 § 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.
§ 194.227 Instructor pilots: Alternate
(4) An instructor pilot may satisfy the
aeronautical experience and logging
alternate requirements in § 194.235 in
requirements for an instrument-powered-lift
lieu of the cross-country aeronautical
rating.
experience requirements specified in
(a) General applicability. An applicant
§ 61.65(f)(2)(ii) of this chapter.
for an instrument-powered-lift rating
(c) Alternate logging requirement.
who is an instructor pilot for the
Notwithstanding the logging
manufacturer of an experimental
requirements in § 61.51(e)(3) of this
powered-lift may satisfy the alternate
chapter, an instructor pilot may log
aeronautical experience and logging
pilot-in-command flight time for the
requirements set forth in paragraphs (b)
purpose of satisfying the 10-hour crossand (c) of this section, provided—
country requirement in § 61.65(f)(1) of
(1) The flights are conducted in an
this chapter for flights when the pilot is
experimental powered-lift at the
serving as an instructor pilot for the
manufacturer; and
manufacturer of an experimental
(2) The applicant is authorized by the
powered-lift for which the pilot is not
Administrator to act as pilot-inrated, provided the pilot—
command of the experimental powered(1) Is acting as pilot-in-command of
lift.
the experimental powered-lift in
(b) Alternate aeronautical experience
accordance with a letter of authorization
requirements. An instructor pilot may
issued by the Administrator; and
meet the aeronautical experience
(2) The flight is conducted for the
requirements of paragraphs (b)(1)
purpose of crew training in accordance
through (4) of this section in lieu of the
with the experimental certificate issued
aeronautical experience requirements of
to the powered-lift pursuant to § 21.191
§ 61.65(f)(2) of this chapter.
of this chapter.
(1) Notwithstanding the eligibility
requirement in § 61.65(a)(5) of this
§ 194.229 Initial cadre of instructors:
chapter, an instructor pilot may meet
Alternate aeronautical experience and
logging requirements for an instrumentthe requirements of paragraphs (b)(1)(i)
powered-lift rating.
and (ii) of this section in lieu of the 15
(a) General applicability. An applicant
hours of training with an authorized
for an instrument-powered-lift rating
instructor required by § 61.65(f)(2) of
may satisfy the alternate aeronautical
this chapter.
(i) The instructor pilot provided the
experience and logging requirements set
manufacturer’s proposed training
forth in paragraphs (b) and (c) of this
curriculum in the experimental
section, provided—
(1) The applicant is authorized by the
powered-lift, which includes 15 hours
Administrator to serve as an initial
of training on the areas of operation
check pilot, chief instructor, assistant
listed in § 61.65(c) of this chapter; and
(ii) The instructor pilot receives a
chief instructor, or training center
logbook or training record endorsement
evaluator for the purpose of initiating
from a management official within the
training in a powered-lift under an
manufacturer’s organization certifying
approved training program under part
that the instructor pilot provided the
135, 141, or 142 of this chapter, as
training specified in paragraph (b)(1)(i)
appropriate; and
(2) The flights are conducted in typeof this section.
(2) An instructor pilot may
certificated powered-lift at the
accomplish the practical test
manufacturer.
(b) Alternate aeronautical experience
preparation requirements in
requirements. Notwithstanding the
§ 61.65(f)(2)(i) of this chapter with
instrument rating requirements of
another pilot who serves as an
§ 61.65 of this chapter, an applicant may
instructor pilot for the manufacturer of
meet the requirements in paragraphs
the experimental powered-lift.
(3) An instructor pilot may
(b)(1) through (4) of this section in lieu
accomplish the cross-country flight
of the aeronautical experience
ddrumheller on DSK120RN23PROD with PROPOSALS2
(1) The test pilot is acting as pilot-incommand of the experimental poweredlift 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 § 21.191 of this chapter.
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requirements of § 61.65(f)(2) of this
chapter.
(1) Notwithstanding the eligibility
requirement in § 61.65(a)(5) of this
chapter, an applicant may receive 15
hours of instrument training on the
areas of operation listed in § 61.65(c) of
this chapter from an instructor pilot for
the manufacturer of a powered-lift in
lieu of an authorized instructor,
provided—
(i) The training is conducted in
accordance with the manufacturer’s
training curriculum in the powered-lift;
and
(ii) The applicant receives a logbook
or training record endorsement from the
instructor pilot certifying that the
applicant satisfactorily completed the
training curriculum specified in
paragraph (b)(1)(i) of this section.
(2) An applicant may accomplish the
practical test preparation requirements
in § 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
§ 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 § 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 § 194.235 in
lieu of the cross-country aeronautical
experience requirements specified in
§ 61.65(f)(2)(ii) of this chapter.
(c) Alternate logging requirement.
Notwithstanding the logging
requirements in § 61.51(e)(1) of this
chapter, an applicant for an instrumentpowered-lift rating may log pilot-incommand flight time for the purpose of
satisfying the 10-hour cross-country
requirement in § 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.
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ddrumheller on DSK120RN23PROD with PROPOSALS2
§ 194.231 Pilots receiving training under
an approved training program: Alternate
requirements for an instrument-powered-lift
rating.
(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
(a) General applicability. An applicant from the original point of departure;
for an instrument-powered-lift rating
(2) One 2-hour cross-country flight in
may satisfy the alternate requirements
a powered-lift in nighttime conditions
set forth in paragraphs (b) and (c) of this that consists of a total straight-line
section, provided the applicant is
distance of more than 50 nautical miles
receiving training under an approved
from the original point of departure; and
training program under part 135, 141, or
(3) An additional cross-country flight
142 of this chapter for the purpose of
with landings at a minimum of three
obtaining an instrument-powered-lift
points, with one segment consisting of
rating.
a straight-line distance of at least 50
(b) Alternate aeronautical experience
nautical miles from the original point of
requirements. An applicant may satisfy
departure. Except for the original point
the alternate requirements in § 194.235
of departure, this additional crossin lieu of the cross-country aeronautical country flight must include landings at
experience requirements specified in
different points than the cross-country
§ 61.65(f)(2)(ii) of this chapter.
flights specified in paragraphs (a)(1) and
(c) Use of full flight simulators. In
(2) of this section.
addition to the permitted credit for use
(b) An applicant who does not have
of a full flight simulator in § 61.65(h) of
the cross-country aeronautical
this chapter, an applicant for an
experience specified in § 61.129(e)(4)(i)
instrument-powered-lift rating may
of this chapter will be considered
credit a maximum of 4 hours toward the eligible for a commercial pilot certificate
aeronautical experience requirement in
with a powered-lift category, provided
§ 61.65(f)(1) of this chapter that requires the applicant has logged at least two
10 hours of cross-country time in a
cross-country flights with landings at a
powered-lift, provided—
minimum of three points, with one
(1) The aeronautical experience was
segment consisting of a straight-line
obtained performing the duties of pilotdistance of at least 50 nautical miles
in-command during a simulated crossfrom the original point of departure.
country flight in a Level C or higher full Except for the original point of
flight simulator that represents the
departure, the second cross-country
powered-lift category;
flight must include landings at different
(2) The cross-country flight includes
points than the first cross-country flight.
the performance of instrument
procedures under simulated instrument § 194.235 Alternate means to satisfy the
cross-country aeronautical experience
conditions; and
requirements for an instrument-powered-lift
(3) The sessions are conducted in
rating.
accordance with an approved training
(a) An applicant who does not meet
program under part 135, 141, or 142 of
the cross-country aeronautical
this chapter.
experience requirements specified in
§ 61.65(f)(2)(ii) of this chapter will be
§ 194.233 Alternate means to satisfy the
cross-country aeronautical experience
considered eligible for an instrumentrequirements for a commercial pilot
powered-lift rating, provided the
certificate with a powered-lift category
applicant has logged instrument time
rating.
that includes instrument flight training
Notwithstanding the eligibility
on cross-country flight procedures,
requirement in § 61.123(f) of this
including two cross-country flights in a
chapter, an applicant who does not meet powered-lift, provided each crossthe cross-country aeronautical
country flight—
experience requirements specified in
(1) Is conducted with either an
§ 61.129(e) of this chapter will be
authorized instructor or an instructor
considered eligible for a commercial
pilot; and
pilot certificate with a powered-lift
(2) Involves—
category rating as specified in
(i) A flight of 100 nautical miles along
paragraphs (a) and (b) of this section.
airways or by directed routing from an
(a) An applicant who does not meet
air traffic control facility;
the cross-country aeronautical
(ii) An instrument approach at each
experience requirements specified in
airport; and
§ 61.129(e)(3)(ii) and (iii) of this chapter
(iii) Three different kinds of
will be considered eligible for a
approaches with the use of navigation
commercial pilot certificate with a
systems.
powered-lift category rating, provided
(b) Notwithstanding the requirements
the applicant has logged at least three
in § 61.65(f)(2)(ii) of this chapter for the
cross-country flights consisting of—
cross-country flight in a powered-lift, an
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applicant for an instrument-powered-lift
rating is not required to file a flight plan
and perform the cross-country flight
under instrument flight rules,
provided—
(1) The powered-lift is not certificated
for instrument flight; and
(2) The applicant holds one of the
following—
(i) An instrument-airplane rating;
(ii) An instrument-helicopter rating;
or
(iii) An airline transport pilot
certificate.
§ 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 § 61.103(g) of this
chapter, an applicant who does not meet
the cross-country aeronautical
experience requirements specified in
§ 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
§ 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 § 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 straightline 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.
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§ 194.239 Alternate means to satisfy
minimum curriculum content in certain
appendices to part 141 of this chapter.
ddrumheller on DSK120RN23PROD with PROPOSALS2
(a) Flight training minimum
curriculum content. Notwithstanding
the minimum curriculum requirements
in § 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 poweredlift 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 § 194.207(b).
(b) Cross-country minimum
curriculum content. Notwithstanding
the minimum curriculum requirements
in § 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 poweredlift 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 crosscountry flight consistent with the
requirements of §§ 194.233, 194.235,
and 194.237.
§ 194.241 Alternate qualification
requirements for chief instructors, assistant
chief instructors, and check instructors.
(a) Notwithstanding the qualification
requirements in §§ 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
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to flight training must meet the
following requirements—
(1) Hold a commercial pilot certificate
or an airline transport pilot certificate
with the following ratings—
(i) A powered-lift category rating;
(ii) A type rating for the powered-lift
used in the course; and
(iii) An instrument-powered-lift
rating, if an instrument rating is
required for the course.
(2) Hold a current flight instructor
certificate with the following ratings—
(i) A powered-lift category rating; and
(ii) An instrument-powered-lift rating,
if an instrument rating is required for
the course.
(b) Notwithstanding the qualification
requirements in § 141.37(a)(3)(ii) of this
chapter, for a course of training under
part 141 of this chapter that uses a
powered-lift, a person seeking
designation as a check instructor for
checks and tests that relate to ground
training must hold a current flight
instructor certificate or ground
instructor certificate with a powered-lift
category rating.
§ 194.243 Pilot certification through
completion of training, testing, and
checking part 135 of this chapter.
(a) Part 135 airman certification
training program. (1) Subject to the
requirements in subpart H of part 135,
a certificate holder under part 119 of
this chapter authorized to conduct part
135 operations may obtain approval
under § 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 §§ 61.65 of this chapter
and 194.231 for the addition of an
instrument-powered-lift rating to a
commercial pilot certificate;
(ii) Ground training, flight training,
and aeronautical experience
requirements in § 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 § 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
§§ 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.
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39093
(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 § 194.215(a).
(4) In addition to § 135.327 of this
chapter, any curriculum approved
under paragraphs (a)(1)(i) through (iii)
of this section must include the
applicable aeronautical knowledge
areas, areas of operation, and flight
training required by part 61 of this
chapter. If an alternative requirement is
provided in this part, that alternative
may be used.
(b) Part 135 airman certification and
checking. (1) A pilot who is employed
by a certificate holder under part 119 of
this chapter authorized to conduct
operations under part 135 who
completes the approved curricula in
paragraphs (a)(1)(i) through (iii) of this
section may apply to add a powered-lift
category rating concurrently with a
powered-lift instrument rating and an
initial powered-lift type rating to a
commercial pilot certificate if the
person meets the following
requirements:
(i) Meets the requirements of
§§ 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
§ 135.293(a)(2) and (3) of this chapter, a
competency check under § 135.293(b) of
this chapter, and an instrument
proficiency check under § 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 instrumentpowered-lift rating and for the issuance
of a powered-lift type rating.
(B) The instrument proficiency check
meets the requirements of § 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
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be authorized to perform in part 135
operations.
(2) Sections 135.293(d) and 135.301(b)
of this chapter are not applicable to the
competency check and instrument
proficiency check required by paragraph
(b)(1)(iii) of this section.
(3) A pilot who meets paragraph (b)(1)
of this section will be issued a
commercial pilot certificate with a
powered-lift category rating, an
instrument-powered-lift rating, and a
powered-lift type rating.
(c) Part 135 certification testing and
checking personnel. The testing,
competency checks, and instrument
proficiency checks required by
paragraph (b) of this section must be
administered by one of the following:
(1) An FAA Aviation Safety Inspector.
(2) An Aircrew Program Designee who
is authorized to perform competency
checks and instrument proficiency
checks for the certificate holder whose
approved ground and flight training
curricula has been satisfactorily
completed by the pilot applicant.
(3) A Training Center Evaluator with
appropriate certification authority who
is also authorized to perform
competency checks and instrument
proficiency checks for the certificate
holder whose approved ground and
flight training curricula has been
satisfactorily completed by the pilot
applicant.
§ 194.245 Pilot qualification and program
management requirements to operate
powered-lift under subpart K of part 91 of
this chapter.
(a) Section 91.1055(a) of this chapter
applies to powered-lift operating under
subpart K of part 91.
(b) Reference to class of aircraft in
§ 91.1055(b)(2) of this chapter is
inapplicable when a powered-lift is
used for the operation under subpart K
of part 91.
§ 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 § 135.3 of this
chapter, each certificate holder that
conducts commuter operations under
part 135 with powered-lift in which two
pilots are required by the aircraft flight
manual must:
(1) Comply with subpart Y of part 121
of this chapter instead of the
requirements of subparts G and H of
part 135; and
(2) Include in initial ground training
for pilots in command and upgrade
ground training, instruction and
facilitated discussion on the following:
(i) Leadership and command; and
(ii) Mentoring, including techniques
for instilling and reinforcing the highest
standards of technical performance,
airmanship, and professionalism in
newly hired pilots.
(3) Include the training required by
paragraph (b)(2)(ii) of this section in
recurrent ground training for pilots in
command every 36 calendar months.
(4) Include in initial flight training for
pilots in command and upgrade flight
training, sufficient scenario-based
training incorporating crew resource
management and leadership and
command skills, to ensure the pilot’s
proficiency as pilot in command.
(c) In lieu of compliance with the
operating experience requirements
listed in § 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 § 135.345 of this
chapter, initial, transition, and upgrade
ground training for powered-lift pilots
must include instruction in
§ 135.345(b)(6)(iv) of this chapter, as
applicable.
§ 194.249 References to class in parts 135,
141, and 142 of this chapter.
(a) References to class of aircraft in
§§ 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
§§ 142.11(d)(2)(ii), 142.49(c)(3)(iii),
142.53(b)(1), and 142.65(b)(1) of this
chapter are inapplicable when a
powered-lift or flight simulation device
representing a powered-lift is used for
the operation under part 142.
§ 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
§ 194.207(b).
Subpart C—Requirements for Persons
Operating Powered-lift
§ 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.
§ 194.302 Airplane provisions under part
91 of this chapter applicable to powered-lift.
No person may operate a powered-lift
under part 91 unless that person
complies with the regulations listed in
the first column of table 1 to this
section, notwithstanding their
applicability to airplanes, subject to the
applicability provisions in the second
column, and any additional
requirements specified in the third
column:
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TABLE 1 TO § 194.302
Regulation
Applicability
Additional requirements
(a) Section 91.9(a) and (b) ..
Applies to all powered-lift ................................................
The requirement for an approved Aircraft Flight Manual
is set forth in the airworthiness criteria established
under § 21.17(b) of this chapter.
(b) Section 91.103(b)(1) .......
Applies to powered-lift for which an approved Aircraft
Flight Manual containing takeoff and landing distance
data is required.
Applies to all powered-lift ................................................
(c) Section 91.107(a)(3)(i)
through (iii).
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The exception under § 91.107(a)(3) for seaplane and
float equipped rotorcraft operations during movement
on the surface applies to persons pushing off a powered-lift from the dock or persons mooring the powered-lift at the dock.
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TABLE 1 TO § 194.302—Continued
Regulation
(d) Section 91.113(d)(2) and
(3).
(e) Section 91.126(b)(1) .......
(f) Section 91.129(e)(1) and
(2), (g)(2), and (h).
(g) Section 91.129(e)(3) .......
(h) Section 91.129(f)(1) ........
(i) Section 91.131(a)(2) ........
(j) Section 91.151(a) ............
(k) Section 91.155(b)(2) .......
(l) Section 91.175(f)(4)(i) ......
(m) Section 91.205(b)(11)
and (14).
(n) Section 91.205(d)(3)(i) ...
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(o) Section 91.207 ...............
(p) Section 91.219 ...............
(q) Section 91.223(a) and (c)
Applicability
Additional requirements
Applies to all powered-lift.
Applies to powered-lift operating in wing-borne flight
mode.
Applies to large or turbine-powered powered-lift.
If the powered-lift is operating in vertical-lift flight mode,
see § 194.303(a).
Applies to powered-lift preparing to land in wing-borne
flight mode.
Applies to powered-lift operating in wing-borne flight
mode.
Applies to large powered-lift.
Applies to all powered-lift.
Applies to all powered-lift.
Applies to powered-lift operators required to comply
with subpart I of part 135 of this chapter.
Applies to small powered-lift ...........................................
Applies to powered-lift certified for instrument flight
rules operations.
Applies to all powered-lift.
Applies to all powered-lift.
Applies to powered-lift configured with 6 or more passenger seats, excluding any pilot seat.
(r) Section 91.313(g) ............
(s) Section 91.409(e)
through (h).
Applies to restricted category small powered-lift.
Applies to technically-advanced powered-lift which are
powered-lift 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.
(t) Section 91.411 ................
(u) Section 91.501 ...............
(v) Section 91.503 ................
Applies to all powered-lift.
Applies to large powered-lift.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(w) Section 91.505 ...............
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(x) Section 91.507 ................
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(1) If the powered-lift is operating in vertical-lift flight
mode, see § 194.303(b).
(2) Section 91.129(f)(1) does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by air traffic control (ATC).
Position and anti-collision lights must meet § 23.2530(b)
of this chapter.
Instead of terrain awareness and warning system
(TAWS), powered-lift must be 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 § 194.109)
or a FAA-approved TAWS A/HTAWS hybrid system.
(1) Unless otherwise authorized by the Administrator, a
technically advanced powered-lift must be equipped
with an electronically advanced multi-computer system that includes one or more of the following installed components:
(i) An electronic Primary Flight Display (PFD) that includes, at a minimum, an airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator;
(ii) An electronic Multifunction Display (MFD) that includes, at a minimum, a moving map using Global
Positioning System (GPS) navigation with the aircraft
position displayed;
(iii) A multi-axis autopilot integrated with the navigation
and heading guidance system; and
(iv) Aircraft design with advanced fly-by-wire-flight control system that utilizes electronically operated controls with no direct mechanical link from the pilot to
the control surfaces.
(2) The display elements described in paragraphs
(s)(1)(i) and (ii) of this section must be continuously
visible.
Powered-lift may comply with § 91.503(a)(5) by having
the appropriate engine or multiple-engines inoperative climb performance data available at the pilot
station of the aircraft.
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TABLE 1 TO § 194.302—Continued
Regulation
Applicability
Additional requirements
(y) Section 91.509 ................
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(z) Section 91.511 ................
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(1) Powered-lift operating over water under § 91.509(a)
or (b) may use either the nearest shore or the nearest off-shore heliport structure by which to measure
the nautical mile limits provided in § 91.509(a) and
(b).
(2) The lifeline required by § 91.509(b)(5) must be
stored in accordance with § 25.1411(g) of this chapter or such airworthiness criteria as the FAA may find
provide an equivalent level of safety in accordance
with § 21.17(b) of this chapter.
Powered-lift operating over water under § 91.511(a)
may use either the nearest shore or the nearest offshore heliport structure by which to measure the nautical mile limits provided in § 91.511(a).
(aa) Section 91.513 .............
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to large powered-lift subject to the requirements
of subpart F of part 91.
(bb) Section 91.515 .............
(cc) Section 91.517 ..............
(dd) Section 91.519 .............
(ee) Section 91.521 .............
(ff) Section 91.523 ...............
Applies to powered-lift having a seating capacity of
more than 19 passengers subject to the requirements
of subpart F of part 91.
(gg) Section 91.525 .............
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(hh) Section 91.527(a) .........
(ii) Section 91.527(b)(2) and
(3).
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
(jj) Section 91.531(a)(1) and
(2), (b), and (c).
(ll) Section 91.603 ................
Applies to powered-lift subject to the requirements of
subpart F of part 91 and that meet the additional requirements as set forth in each paragraph of
§ 91.531.
Applies to all powered-lift subject to the requirements of
subpart F of part 91.
Applies to large powered-lift ...........................................
(mm) Section 91.605(b)(1) ...
Applies to large powered-lift ...........................................
(nn) Section 91.605(b)(2) .....
Applies to large powered-lift ...........................................
(oo) Section 91.605(b)(3),
(b)(4)(ii), and (c).
Applies to large powered-lift that execute takeoff operations using wing-borne lift and that have takeoff performance information contained in the aircraft flight
manual.
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(kk) Section 91.533 ..............
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The safety belt and shoulder harness required by
§ 91.521 must comply with § 25.785 of this chapter or
such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
The carry-on baggage required by § 91.523 must be
stowed such that it can withstand the inertia forces
specified in § 25.561(b)(3) of this chapter or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
(1) 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.
Instead of § 91.527(b)(2) and (3), to operate instrument
flight rules (IFR) into known light or moderate icing
conditions or VFR into known light or moderate icing
conditions, an operator must comply with
§ 194.308(i).
The aural speed warning device required by § 91.603
must comply with § 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
§ 21.17(b) of this chapter.
The Aircraft Flight Manual must contain the takeoff
weight performance information.
The Aircraft Flight Manual must contain the landing performance information.
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TABLE 1 TO § 194.302—Continued
Regulation
Applicability
Additional requirements
(pp) Section 91.609(c), (d),
(e), (i), and (j).
Section 91.609(c) applies to powered-lift with a passenger seating configuration of 10 or more seats;
paragraph (e) of § 91.609 applies to powered-lift with
a passenger seating configuration of six or more
seats and for which two pilots are required by type
certification or operating rule; paragraphs (d), (i), and
(j) of § 91.609 apply to all powered-lift required to
comply with § 91.609.
(qq) Section 91.613(b)(2) .....
Applies to large powered-lift ...........................................
(rr) Section 91.1037 .............
Applies to large powered-lift subject to the requirements
of subpart K of part 91 that are certificated to conduct landing operations in wing-borne flight mode as
indicated in the aircraft flight manual.
Applies to all powered-lift subject to the requirements of
subpart K of part 91.
Applies to powered-lift subject to the requirements of
subpart K of part 91 with a passenger-seat configuration of more than 30 seats or a payload capacity of
more than 7,500 pounds.
(1) Operators of powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 or
more must comply with § 194.312 or § 194.313 in lieu
of the appendices referenced in § 91.609(c)(1).
(2) For compliance with § 91.609(c)(3), (e)(1), and (i),
powered-lift must comply with the certification provisions listed in those paragraphs or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of
this chapter.
(3) Under § 91.609(d), the flight recorder must operate
continuously from the earlier of when the powered-lift
begins the takeoff roll or begins lift-off until the later
of when the powered-lift completes the landing roll or
lands at its destination.
The thermal/acoustic installation materials required by
§ 91.613(b)(2) must meet the requirements of
§ 25.856 of this chapter or such airworthiness criteria
as the FAA may find provide an equivalent level of
safety in accordance with § 21.17(b) of this chapter.
(i) If a powered-lift operator is required to comply with
this section, the operator must also comply with
§ 91.1025(o)(7).
(ss) Section 91.1041(b) and
(d).
(tt) Section 91.1045(a) .........
(uu) Section 91.1045(b) .......
Applies to powered-lift subject to the requirements of
subpart K of part 91 with a passenger-seat configuration of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or
less.
§ 194.303 Rotorcraft and helicopter
provisions under part 91 of this chapter
applicable to powered-lift.
No person may operate a powered-lift
under part 91 unless that person
Under § 91.1045(a)(3), instead of TAWS, powered-lift
must be 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 or a FAA-approved
TAWS A/HTAWS hybrid system.
Compliance with § 91.1045(b)(3) requires a helicopter
terrain awareness and warning system that complies
with § 194.307(q).
complies with the regulations listed in
the first column of table 1 to this
section, notwithstanding their
applicability to rotorcraft or helicopters,
subject to the applicability provisions in
the second column and any additional
requirements specified in the third
column.
TABLE 1 TO § 194.303
Regulation
(a) Section 91.126(b)(2) .......
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(b) Section 91.129(f)(2) ........
Applicability
Additional requirements
(1) Applies to powered-lift operating in vertical-lift flight
mode.
Applies to powered-lift operating in vertical-lift flight
mode.
If the powered-lift is operating in wing-borne flight
mode, see § 194.302(e).
(1) If the powered-lift is operating in wing-borne flight
mode, see § 194.302(h).
(2) Section 91.129(f)(2) does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by ATC.
§ 194.304 IFR takeoff, approach, and
landing minimums.
§ 194.305 ATC transponder and altitude
reporting equipment and use.
Section 91.1039(c) of this chapter
applies to all powered-lift operated
under subpart K of part 91 of this
chapter regardless of powerplant type.
The exceptions outlined in
§ 91.215(b)(3) and (5) of this chapter for
aircraft not certificated with an enginedriven electrical system do not apply to
powered-lift.
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§ 194.306 Applicability of copter
procedures under part 97 of this chapter to
powered-lift.
Persons operating powered-lift may
use copter procedures as defined in
§ 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.
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§ 194.307 Airplane provisions under part
135 of this chapter applicable to poweredlift.
No person may operate a powered-lift
under part 135 unless that person
complies with the regulations listed in
the first column of table 1 to this
section, notwithstanding their
applicability to airplanes, subject to the
applicability provisions in the second
column and any additional
requirements specified in the third
column.
TABLE 1 TO § 194.307
Regulation
(a) Section 135.23(r)(7) .......
(b) Section 135.93(a)
through (f).
(c) Section 135.128(a) .........
(d) Section 135.145(b) .........
(e) Section 135.145(d)(1) .....
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(f) Section 135.150(a)(7) ......
Applicability
Additional requirements
Applies to powered-lift required to comply with
§ 135.385 as set forth in paragraphs (qq) and (rr) of
this section.
Applies to all powered-lift.
Applies to all powered-lift ................................................
Applies to all powered-lift unless the certificate holder
has previously proven a powered-lift under part 135.
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.
Applies to large powered-lift with a passenger seating
configuration, excluding any pilot seat, of more than
19.
(g) Section 135.150(b)(7) .....
Applies to large powered-lift with a passenger seating
configuration, excluding any pilot seat, of more than
19.
(h) Section 135.151(a) .........
Applies to powered-lift with a passenger seating configuration of six or more seats and for which two pilots are required by certification or operating rules.
(i) Section 135.151(b) ..........
(A) Applies to powered-lift with a passenger seating
configuration of 20 or more seats.
(j) Section 135.151(d) ..........
(B) Applies to large powered-lift or powered-lift
equipped with a cockpit voice recorder.
(k) Section 135.151(g)(1) .....
(C) Applies 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 to have a flight data recorder
under § 135.152.
(l) Section 135.151(g)(2) ......
(D) Applies to powered-lift with a passenger seating
configuration of 20 or more seats and that is required
to have a flight data recorder under § 135.152.
(m) Section 135.151(h) ........
(E) Applies to powered-lift required to have a cockpit
voice recorder and a flight data recorder with installed datalink communication equipment.
(1) Applies to powered-lift with a passenger seating
configuration, excluding crewmember seats, of 10 to
30.
(n) Section 135.152(c), (d),
(f), and (j).
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The exception under § 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.
The public address system required by § 135.150(a)(7)
must comply with § 25.1423 of this chapter or such
airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
(i) The crewmember interphone system must comply
with the requirements of § 135.150(b)(7) or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
The cockpit voice recorder must be installed and
equipped in accordance with the certification provisions listed in § 135.151(a)(1) or such airworthiness
criteria as the FAA may find provide an equivalent
level of safety in accordance with § 21.17(b) of this
chapter.
The cockpit voice recorder must be installed and
equipped in accordance with the certification provisions listed in § 135.151(b)(1) or such airworthiness
criteria as the FAA may find provide an equivalent
level of safety in accordance with § 21.17(b) of this
chapter.
The cockpit voice recorder required by § 135.151(d)
must record the uninterrupted audio signal received
by a boom or mask microphone in accordance with
§ 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 § 21.17(b) of this
chapter.
The cockpit voice recorder must be installed and
equipped in accordance with the appropriate certification provisions listed in § 135.151(g)(1)(i) and (iv)
or such airworthiness criteria as the FAA may find
provide an equivalent level of safety in accordance
with § 21.17(b) of this chapter.
The cockpit voice recorder must be installed and
equipped in accordance with the appropriate certification provisions listed in § 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 § 21.17(b) of this chapter.
(1) The flight recorder must be installed and equipped
in accordance with the appropriate certification provisions listed in § 135.152 or such airworthiness criteria
as the FAA may find provide an equivalent level of
safety in accordance with § 21.17(b) of this chapter.
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TABLE 1 TO § 194.307—Continued
Regulation
Additional requirements
(o) Section 135.152(a) .........
Paragraph (a) of § 135.152 applies to powered-lift with
a passenger seating configuration of 10 to 19 seats.
(p) Section 135.152(b) introductory text and (b)(3).
Paragraphs (b) introductory text and (b)(3) of § 135.152
apply to powered-lift with a passenger seating configuration of 20 to 30 seats.
Applies to powered-lift configured with 6 or more passenger seats, excluding any pilot seat.
(q) Section 135.154(a) and
(c).
(r) Section 135.158 ..............
(s) Section 135.159(a)(1) .....
(t) Section 135.165(d) ..........
(u) Section 135.165(g)(1) .....
(v) Section 135.169(a) .........
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Applicability
Applies to powered-lift equipped with a flight instrument
pitot heating system.
Applies to powered-lift with a third attitude instrument
system that meets the requirements of paragraph
(a)(1) of § 135.159.
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.
Applies to powered-lift for purposes of approving a single long-range navigation system and a single longrange communication system for extended overwater operations.
Applies to large powered-lift ...........................................
(w) Section 135.169(b)(8) ....
Applies to small powered-lift with a passenger seating
configuration of 10 seats or more.
(x) Section 135.169(d) .........
(1) Applies to large powered-lift with a cargo or baggage compartment of 200 cubic feet or greater.
(y) Section 135.170(b)(1) .....
Applies to large powered-lift and paragraph (b)(1)(ii) of
§ 135.170 applies to large powered-lift with a passenger capacity of 20 or more.
(z) Section 135.170(b)(2) .....
Applies to large powered-lift ...........................................
(aa) Section 135.170(c)(2) ...
Applies to large powered-lift ...........................................
(bb) Section 135.178 ...........
Applies to powered-lift having a passenger-seating configuration of more than 19 seats.
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(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.
Powered-lift operators must comply with § 194.314 or
§ 194.315 in lieu of the appendices referenced in
§ 135.152.
Instead of TAWS, powered-lift must be 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 § 194.109)
or a FAA-approved TAWS A/HTAWS hybrid system.
(i) Powered-lift must comply with appropriate certification provisions listed in § 135.169(a) or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
(i) 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 § 135.169(b)(8) or such airworthiness
criteria as the FAA may find provide an equivalent
level of safety in accordance with § 21.17(b) of this
chapter.
The cargo and baggage compartments required by
§ 135.169(d) 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 § 21.17(b) of this
chapter.
Powered-lift must comply with appropriate certification
provisions listed in § 135.170(b)(1) or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of
this chapter.
The seat cushions required by § 135.170(b)(2) must
comply with § 25.853 of this chapter or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
The seat cushions required by § 135.170(c)(2) must
comply with § 25.856 of this chapter or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with
§ 21.17(b) of this chapter.
The additional emergency equipment must comply with
appropriate certification provisions listed in § 135.178
or such airworthiness criteria as the FAA may find
provide an equivalent level of safety in accordance
with § 21.17(b) of this chapter.
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TABLE 1 TO § 194.307—Continued
Regulation
Applicability
(cc) Section 135.180 ............
Applies to powered-lift with a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats.
Applies to all powered-lift.
Applies to all powered-lift.
Applies to all powered-lift.
Applies to all powered-lift.
Applies to all powered-lift ................................................
(dd) Section 135.203(a) .......
(ee) Section 135.205(a) .......
(ff) Section 135.209(a) .........
(gg) Section 135.225(e) .......
(hh) Section 135.227(b)(1)
through (3).
(ii) Section 135.361(a) .........
(jj) Section 135.363(a)
through (e).
(kk) Section 135.363(f) ........
(ll) Section 135.379(a) and
(d).
(mm) Section 135.379(c),
(e), (f), and (g).
Additional requirements
As applicable to each powered-lift considering size and
certification basis.
As applicable to each powered-lift, regardless of power
plant type, considering size and certification basis.
Applies to powered-lift that must comply with
§§ 135.365 through 135.387 as set forth in paragraphs (mm) through (ss) of this section.
Applies to large powered-lift ...........................................
Applies to large powered-lift certificated to conduct
takeoff operations that utilize wing-borne lift as indicated in the aircraft flight manual.
(nn) Section 135.381 ...........
(oo) Section 135.383(c) .......
(pp) Section 135.385(a) .......
Applies to large powered-lift.
Applies to large powered-lift.
Applies to large powered-lift ...........................................
(qq) Section 135.385(b), (d),
(e), and (f).
Applies to large powered-lift certificated to conduct
landing operations that utilize wing-borne lift and that
have landing performance information contained in
the aircraft flight manual.
Applies to large powered-lift certificated to conduct
landing operations that utilize wing-borne lift and that
have landing performance information contained in
the aircraft flight manual.
(rr) Section 135.387(a) and
(b).
(ss) Section 135.397(b) .......
Applies to small powered-lift having a passenger-seating configuration of more than 19 seats and that utilize wing-borne lift during takeoff and landing.
§ 194.308 Rotorcraft and helicopter
provisions under part 135 of this chapter
applicable to powered-lift.
No person may operate a powered-lift
under part 135 unless that person
The aircraft flight manual must contain the information
outlined in § 135.180(b).
(1) Powered-lift critical surfaces, as outlined in the aircraft flight manual for that aircraft, must also be determined to be free of frost, ice, or snow.
(2) Powered-lift critical surfaces under this section are
determined by the manufacturer.
(3) For IFR and VFR flight into certain icing conditions,
see § 194.308(i).
The Aircraft Flight Manual must contain the takeoff
weight performance information.
The accelerate-stop distance required by
§ 135.179(c)(1) must comply with § 25.109 of this
chapter or such airworthiness criteria as the FAA
may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter.
The Aircraft Flight Manual must contain the landing
weight performance information.
Paragraph (f) of § 135.385 only applies to eligible ondemand operators.
(1) Powered-lift operating under § 135.387(a) must be
able to complete a full stop landing within 60 percent
of the effective length of the runway.
(2) Paragraph (b) of § 135.387 only applies to eligible
on-demand operators.
The Aircraft Flight Manual must contain the takeoff and
landing weight performance information.
complies with the regulations listed in
the first column of table 1 to this
section, notwithstanding their
applicability to rotorcraft or helicopters,
subject to the applicability provisions in
the second column and any additional
requirements specified in the third
column.
TABLE 1 TO § 194.308
Regulation
Applicability
(a) Section 135.1(a)(9) .........
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations beyond
the autorotational distance from the shoreline, as defined in § 135.168(a), or gliding distance of a shoreline.
Applies to all powered-lift ................................................
Applies to all powered-lift ................................................
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(b) Section 135.117(a)(9) .....
(c) Section 135.160 ..............
(d) Section 135.163(g) .........
(e) Section 135.168 .............
(f) Section 135.181(b) ..........
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Additional requirements
The two required generators may be mounted on a
drivetrain that is driven by two separate powerplants
as outlined in § 135.163(g) for multi-engine helicopters.
Applies to powered-lift operating beyond autorotational
distance or gliding distance from the shoreline.
Applies to powered-lift conducting offshore passenger
operations.
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TABLE 1 TO § 194.308—Continued
Regulation
Applicability
(g) Section 135.183(d) .........
Applies if the powered-lift is equipped with flotation devices and carrying passengers over water.
Applies if the powered-lift does not have the flight instrumentation listed in § 135.159 installed and operable.
Applies to powered-lift that are type certificated and appropriately equipped for operations in certain icing
conditions.
Applies to powered-lift taking off or landing in verticallift flight mode and equipped with landing lights oriented in a direction that enables the pilot to see a
landing area marked by reflective material.
(h) Section 135.207 .............
(i) Section 135.227(d) ..........
(j) Section 135.229(b)(2)(ii) ..
(k) Section 135.271 ..............
(l) Section 135.429(d) ..........
(m) Section 135.601 ............
(n) Section 135.603 .............
(o) Section 135.605 .............
(p) Section 135.607 .............
(q) Section 135.609 .............
(r) Section 135.611 ..............
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(s) Section 135.613 ..............
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Additional requirements
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift that operate in remote areas or
sites.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
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For critical surfaces requirements, see § 194.307(ii).
If a powered-lift is not landing in vertical flight mode
and not equipped with landing lights oriented in a direction that enables the pilot to see a landing area
marked by reflective material, the powered-lift must
land at an airport with boundary or runway marker
lights.
See § 194.221 for references to class in part 135.
Powered-lift must be 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 § 194.109) or a FAA-approved
TAWS A/HTAWS hybrid system.
(1) For nonmountainous local flying areas, powered-lift
must comply with the following weather minimums:
(ii) During day operations, a ceiling of 800 feet and visibility of 2 SM; and
(iii) During night operations, a ceiling of 1500 feet and
visibility of 3 SM.
(2) For nonmountainous, non-local flying areas, powered-lift must comply with the following weather minimums:
(i) During day operations, a ceiling of 800 feet and visibility of 3 SM; and
(ii) During night operations, a ceiling of 1500 feet and
visibility of 3 SM.
(3) For mountainous local flying areas, powered-lift
must comply with the following weather minimums:
(i) During day operations, a ceiling of 800 feet and visibility of 3 SM; and
(ii) During night operations, a ceiling of 2500 feet and
visibility of 3 SM.
(4) For mountainous non-local flying areas, powered-lift
must comply with the following weather minimums:
(i) During day operations, a ceiling of 1000 feet and visibility of 3 SM; and
(ii) During night operations, a ceiling of 2500 feet and
visibility of 5 SM.
(1) Section 135.613(a)(1) only applies to powered-lift
equipped and certified to conduct PinS approaches
annotated with a ‘‘Proceed VFR’’ segment.
(2) The applicable weather minimums under
§ 135.613(a)(2) are:
(i) For Day Operations: No less than a 1000-foot ceiling
and 2 statute miles flight visibility; and
(ii) For Night Operations: No less than a 1500-foot ceiling and 3 statute miles flight visibility.
(3) Under § 135.613, the VFR weather minimums outlined in paragraphs (b)(1)(ii)(A) and (B) apply.
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TABLE 1 TO § 194.308—Continued
Regulation
Applicability
Additional requirements
(t) Section 135.615 ..............
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
(1) Under § 135.615, the minimums outlined in paragraphs (a)(3)(ii)(A) and (B) apply.
(2) Under § 135.615(b)(1) and (2), while conducting
VFR operations, the pilot in command must ensure
that all terrain and obstacles along the route of flight
are cleared vertically by no less than the following:
(i) During the day, 500 feet above the surface or 500
feet horizontally from any obstacle; or
(ii) At night, at an altitude of 1,000 feet above the highest obstacle within a horizontal distance of 5 miles
from the course intended to be flown or, in designated mountainous terrain, 2,000 feet above the
highest obstacle within a horizontal distance of 5
miles from the course intended to be flown.
(u) Section 135.617 .............
Applies to powered-lift conducting operations in accordance with subpart L this part 135.
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.
Applies to powered-lift conducting operations in accordance with subpart L of part 135.
(v) Section 135.619 ..............
(w) Section 135.621 .............
§ 194.309 Applicability of rules for eligible
on-demand operations.
No person may operate a powered-lift
in an eligible on-demand operation
under part 135 of this chapter without
complying with the requirements
specified for the second in command of
a fixed-wing aircraft contained in
§ 135.4(a)(3) of this chapter.
§ 194.310 Applicability of national air tour
safety standards under part 136 of this
chapter to powered-lift.
(a) No person may operate a poweredlift under part 136 without complying
with the requirements specified for
airplanes contained in the following
regulations in part 136:
(1) Section 136.9(b)(2) applies to
powered-lift operating in wing-borne
flight mode within power-off gliding
distance to the shoreline.
(2) [Reserved]
(b) No person may operate a poweredlift under part 136 without complying
with the requirements specified for
helicopter or rotorcraft contained in the
following regulations in part 136:
(1) Suitable landing area, as defined
in § 136.1, applies to powered-lift
conducting commercial air tours;
(2) Section 136.11(a)(2), (b), and (c)
apply to powered-lift operating in
vertical-lift flight mode while
conducting commercial air tours over
water beyond the auto-rotational or
gliding distance from the shoreline;
(3) Section 136.13; and
(4) Appendix A to part 136 as follows:
(i) Section 3 applies to all poweredlift operators conducting air tours in
Hawaii beyond the shore of any island;
(ii) Section 4; and
(iii) Section 5 applies to powered-lift
with aircraft flight manuals containing
height velocity information.
§ 194.311 Applicability of flight instruction;
Simulated instrument flight.
The requirement to hold the
appropriate category and class rating in
§ 91.109(c)(1)(i) of this chapter is not
applicable to operations conducted to
meet alternate aeronautical experience
requirements set forth in §§ 194.225,
194.227, and 194.229.
§ 194.312 Powered-lift in vertical-lift flight
mode, flight recorder specifications under
part 91 of this chapter.
TABLE 1 TO § 194.312
Parameters
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
Relative Time (From Recorded on Prior to
Takeoff).
Indicated Airspeed ...........................................
4 hr minimum .........................
±0.125% per hour ..................
1 .............................................
1 sec.
±5% or ±10 kts., whichever is
greater.
1 .............................................
1 kt.
±100 to ±700 ft. (see Table 1,
TSO C51–a).
±5° ..........................................
±0.2g in addition to ±0.3g
maximum datum.
1 .............................................
25 to 150 ft.
Magnetic Heading ............................................
Vertical Acceleration ........................................
VM in to VD (KIAS) (minimum
airspeed signal attainable
with installed pilot-static
system).
¥1,000 ft. to 20,000 ft. pressure altitude.
360° ........................................
¥3g to + 6g ...........................
1°.
0.05g.
Longitudinal Acceleration .................................
±1.0g ......................................
1 .............................................
4 (or 1 per second where
peaks, ref. to 1g are recorded).
2 .............................................
Pitch Attitude ....................................................
Roll Attitude .....................................................
1 .............................................
1 .............................................
0.8°.
0.8°.
Altitude Rate ....................................................
100% of usable range ............
±60 or 100% of usable range,
whichever is greater.
±8,000 fpm .............................
±10% Resolution 250 fpm
below 12,000 ft. indicated.
1 .............................................
250 fpm below
12,000.
Engine Power, Each Engine:
Main Rotor Speed ....................................
Maximum Range ....................
±5% ........................................
1 .............................................
1%.2
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Altitude .............................................................
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±1.5% max. range excluding
datum error of ±5%.
±2° ..........................................
±2° ..........................................
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Resolution 3
read out
0.03g.
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TABLE 1 TO § 194.312—Continued
Parameters
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
Free or Power Turbine .............................
Engine Torque ..........................................
Flight Control Hydraulic Pressure:
Primary (Discrete) .....................................
Secondary—if applicable (Discrete) .........
Radio Transmitter Keying (Discrete) ........
Autopilot Engaged (Discrete) ...................
SAS Status—Engaged (Discrete) .............
SAS Fault Status (Discrete) .....................
Flight Controls:
Pilot Inputted—Primary Controls (i.e., Ascent, descent, acceleration and deceleration, heading and directional control
for all axis).
Controllable Stabilator Position ................
Maximum Range ....................
Maximum Range ....................
±5% ........................................
±5% ........................................
1 .............................................
1 .............................................
High/Low ................................
High/Low ................................
On/Off .....................................
Engaged or Disengaged ........
Engaged or Disengaged ........
Fault/OK .................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
1.
1.
1.
1.
1.
1.
Full range ...............................
±3% ........................................
2 .............................................
1%.2
Full range ...............................
±3% ........................................
2 .............................................
1%.2
Resolution 3
read out
1%.2
1%.2
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.
§ 194.313 Powered-lift in wing-borne flight
mode, flight recorder specifications under
part 91 of this chapter.
TABLE 1 TO § 194.313
Parameters
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
Relative Time (From Recorded on Prior to
Takeoff).
Indicated Airspeed ...........................................
8 hr minimum .........................
±0.125% per hour ..................
1 .............................................
1 sec.
Vso to VD (KIAS) ...................
±5% or ±10 kts., whichever is
greater. Resolution 2 kts.
below 175 KIAS.
±100 to ±700 ft. (see Table 1,
TSO C51–a).
±5° ..........................................
±0.2g in addition to ±0.3g
maximum datum.
1 .............................................
1%.3
1 .............................................
25 to 150 ft.
1 .............................................
4 (or 1 per second where
peaks, ref. to 1g are recorded).
2 .............................................
1°.
0.03g.
1 .............................................
1 .............................................
0.8°.
0.8°.
1 .............................................
1%.3
1 .............................................
1%.3
1 .............................................
1%.3
1 (prop Speed) .......................
1 (torque) ................................
1 .............................................
1%.3
1%.3
250 fpm. below
12,000.
0.8%.3
Magnetic Heading ............................................
Vertical Acceleration ........................................
¥1,000 ft. to max cert. alt. of
A/C.
360° ........................................
¥3g to + 6g ...........................
Longitudinal Acceleration .................................
±1.0g ......................................
Pitch Attitude ....................................................
Roll Attitude .....................................................
100% of usable ......................
±60° or 100% of usable
range, whichever is greater.
Full Range ..............................
Altitude .............................................................
Stabilizer Trim Position, or Pitch Control Position.
Engine Power, Each Engine ............................
Fan or N1 Speed or EPR or Cockpit indications Used for Aircraft Certification OR.
Prop. speed and Torque (Sample Once/Sec
as Close together as Practicable).
Altitude Rate 2 (need depends on altitude resolution).
Angle of Attack 2 (need depends on altitude
resolution).
Radio Transmitter Keying (Discrete) ...............
TE Flaps (Discrete or Analog) .........................
LE Flaps (Discrete or Analog) .........................
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Thrust Reverser, Each Engine (Discrete) ........
Spoiler/Speedbrake (Discrete) .........................
Autopilot Engaged (Discrete) ...........................
±1.5% max. range excluding
datum error of ±5%.
±2° ..........................................
±2° ..........................................
Maximum Range ....................
±3% unless higher uniquely
required.
±3% unless higher uniquely
required.
±5% ........................................
.................................................
.................................................
±8,000 fpm .............................
±10%. Resolution 250 fpm
below 12,000 ft. indicated.
±2° ..........................................
Full Range ..............................
¥20° to 40° or 100% of usable range.
On/Off .....................................
Each discrete position (U, D,
T/O, AAP) OR.
Analog 0–100% range ...........
Each discrete position (U, D,
T/O, AAP) OR.
Analog 0–100% range ...........
Stowed or full reverse ............
Stowed or out .........................
Engaged or Disengaged ........
1 .............................................
Resolution
read out
0.01g.
.................................................
.................................................
1.
1.
±3% ........................................
.................................................
1 .............................................
1.
1%.3
±3° ..........................................
1 .............................................
1%.3
.................................................
.................................................
1.
1.
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.
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
§ 194.314 Powered-lift in vertical-lift flight
mode, flight recorder specifications under
part 135 of this chapter.
TABLE 1 TO § 194.314
Parameters
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
Relative time (from recorded on prior to takeoff).
Indicated airspeed ...........................................
25 hr minimum .......................
±0.125% per hour ..................
1 .............................................
1 sec.
±5% or ±10 kts., whichever is
greater.
1 .............................................
1 kt.
±100 to ±700 ft. (see Table 1,
TSO C51–a).
±5° ..........................................
±0.2g in addition to ±0.3g
maximum datum.
1 .............................................
25 to 150 ft.
Magnetic heading ............................................
Vertical acceleration ........................................
Vm in to VD (KIAS) (minimum
airspeed signal attainable
with installed pilot-static
system).
¥1,000 ft. to 20,000 ft. pressure altitude.
360° ........................................
¥3g to + 6g ...........................
1°.
0.05g.
Longitudinal acceleration .................................
±1.0g ......................................
1 .............................................
4 (or 1 per second where
peaks, ref. to 1g are recorded).
2 .............................................
Pitch attitude ....................................................
Roll attitude ......................................................
100% of usable range ............
±60° or 100% of usable
range, whichever is greater.
±8,000 fpm .............................
1 .............................................
1 .............................................
0.8°.
0.8°.
±10% Resolution 250 fpm
below 12,000 ft. indicated.
1 .............................................
250 fpm below
12,000.
Maximum range .....................
Maximum range .....................
Maximum range .....................
±5% ........................................
+5% ........................................
±5% ........................................
1 .............................................
1 .............................................
1 .............................................
1%.2
1%.2
1%.2
High/low ..................................
High/low ..................................
On/off ......................................
Engaged or disengaged .........
Engaged/disengaged .............
Fault/OK .................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
1
1
1
1
1
1
Full range ...............................
±3% ........................................
2 .............................................
1%.2
Full range ...............................
±3% ........................................
2 .............................................
1%.2
Altitude .............................................................
Altitude rate ......................................................
Engine Power, Each Engine:
Main rotor speed ......................................
Free or power turbine ...............................
Engine torque ...........................................
Flight Control—Hydraulic Pressure:
Primary (discrete) .....................................
Secondary—if applicable (discrete) ..........
Radio transmitter keying (discrete) ...........
Autopilot engaged (discrete) ....................
SAS status—engaged (discrete) ..............
SAS fault status (discrete) ........................
Flight Controls:
Primary Controls (I.E. Ascent, descent,
acceleration and deceleration, heading
and directional control for all axis) 3.
Controllable Stabilator Position 3 ..............
±1.5% max. range excluding
datum error of ±5%.
±2° ..........................................
±2° ..........................................
Resolution
read out
0.03g.
.............................................
.............................................
.............................................
.............................................
.............................................
.............................................
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.
§ 194.315 Powered-lift in wing-borne flight
mode, flight recorder specification under
part 135 of this chapter.
TABLE 1 TO § 194.315
Parameters
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
Relative time (from recorded on prior to takeoff).
Indicated airspeed ...........................................
25 hr minimum .......................
±0.125% per hour ..................
1 .............................................
1 sec.
Vso to VD (KIAS) ....................
±5% or ±10 kts., whichever is
greater. Resolution 2 kts.
below 175 KIAS.
±100 to ±700 ft. (see Table 1,
TSO C51–a).
±5° ..........................................
±0.2g in addition to ±0.3g
maximum datum.
1 .............................................
1%.3
1 .............................................
25 to 150.
1 .............................................
4 (or 1 per second where
peaks, ref. to 1g are recorded).
2 .............................................
1°.
0.03g.
1 .............................................
1 .............................................
0.8°.
0.8°.
1 .............................................
1%.3
1 .............................................
1%.3
1 .............................................
1%.3
Magnetic heading ............................................
Vertical acceleration ........................................
¥1,000 ft. to max cert. alt. of
A/C.
360° ........................................
¥3g to + 6g ...........................
Longitudinal acceleration .................................
±1.0g ......................................
Pitch attitude ....................................................
Roll attitude ......................................................
100% of usable ......................
±60° or 100% of usable
range, whichever is greater.
Full range ...............................
ddrumheller on DSK120RN23PROD with PROPOSALS2
Altitude .............................................................
Stabilizer trim position; ....................................
Or
Pitch control position .......................................
Engine Power, Each Engine:
Fan or N1 speed or EPR or cockpit indications used for aircraft certification; Or
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Full range ...............................
Maximum range .....................
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±1.5% max. range excluding
datum error of ±5%.
±2° ..........................................
±2° ..........................................
±3% unless higher uniquely
required.
±3% unless higher uniquely
required.
±5% ........................................
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Resolution
read out
0.01g.
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Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Proposed Rules
TABLE 1 TO § 194.315—Continued
Range
Installed system 1
minimum accuracy
(to recovered data)
Sampling interval
(per second)
.................................................
.................................................
1 (prop speed), 1 (torque) ......
±8,000 fpm .............................
±10%. Resolution 250 fpm
below 12,000 ft. indicated.
±2° ..........................................
1 .............................................
1 .............................................
.................................................
.................................................
1 .............................................
1 .............................................
±3° ..........................................
.................................................
1 .............................................
1 .............................................
1%.3
±3° ..........................................
.................................................
.................................................
.................................................
1
1
1
1
1%.3
Parameters
Prop. speed and torque (sample once/
sec as close together as practicable).
Altitude rate 2 (need depends on altitude
resolution).
Angle of attack 2 (need depends on altitude resolution).
Radio transmitter keying (discrete) ...........
TE flaps (discrete or analog) ....................
LE flaps (discrete or analog) ....................
Thrust reverser, each engine (Discrete) ...
Spoiler/speedbrake (discrete) ...................
Autopilot engaged (discrete) ....................
¥20° to 40° or of usable
range.
On/off ......................................
Each discrete position (U, D,
T/O, AAP); Or
Analog 0–100% range ...........
Each discrete position (U, D,
T/O, AAP); Or
Analog 0–100% range ...........
Stowed or full reverse ............
Stowed or out .........................
Engaged or disengaged .........
.............................................
.............................................
.............................................
.............................................
Resolution
read out
250 fpm Below
12,000.
0.8%.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 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 Poweredlift under Part 43 of this Chapter
§ 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.
§ 194.402
Maintenance provisions.
ddrumheller on DSK120RN23PROD with PROPOSALS2
The following maintenance
provisions under part 43 of this chapter
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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
§ 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.
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(1) A ‘‘critical part’’ has the same
meaning as provided in §§ 27.602 and
29.602 of this chapter.
(2) [Reserved]
Issued under authority provided by 49
U.S.C. 106(f), 40113, 44701–44705, 44707,
44712, 44713, 44715, 44722, and 44730 in
Washington, DC, on May 22, 2023.
David H. Boulter,
Acting Associate Administrator for Aviation
Safety.
[FR Doc. 2023–11497 Filed 6–7–23; 11:15 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Proposed Rules]
[Pages 38946-39105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11497]
[[Page 38945]]
Vol. 88
Wednesday,
No. 114
June 14, 2023
Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 1, 43, 60, et al.
Integration of Powered-Lift: Pilot Certification and Operations;
Miscellaneous Amendments Related to Rotorcraft and Airplanes; Proposed
Rule
Federal Register / Vol. 88 , No. 114 / Wednesday, June 14, 2023 /
Proposed Rules
[[Page 38946]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142, and
194
[Docket No. FAA-2023-1275; Notice No. 23-8]
RIN 2120-AL72
Integration of Powered-Lift: Pilot Certification and Operations;
Miscellaneous Amendments Related to Rotorcraft and Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes a Special Federal Aviation Regulation for
alternate eligibility requirements to safely certificate initial groups
of powered-lift pilots, as well as determine which operating rules
apply to powered-lift on a temporary basis to enable the FAA to gather
additional information and determine the most appropriate permanent
rulemaking path for these aircraft. Powered-lift will be type
certificated as special class aircraft under the existing regulations.
Currently, there is not an established path for civilian pilots to be
certificated with a powered-lift category rating. The general and
commercial operating regulations do not contemplate operation of
powered-lift. In addition to proposed changes for powered-lift, this
action also proposes changes that would affect practical tests in
aircraft that require type ratings, including airplanes and
helicopters, training center rotorcraft instructor eligibility,
training, and testing requirements, and training center use of
rotorcraft in flight instruction.
DATES: Send comments on or before August 14, 2023.
ADDRESSES: Send comments identified by docket number FAA-2023-1275
using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/ and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Christina Grabill, AFS-810, Federal
Aviation Administration, 800 Independence Ave. SW, Washington, DC
20591; telephone (202) 267-1110; email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Aircraft Certification
B. Airman Certification
C. Operational Requirements
D. International Operation of Powered-Lift
E. Summary of the Costs and Benefits
F. SFAR Framework and Duration
II. Authority for This Proposed Rulemaking
III. Background
A. General
B. Related Rulemakings
C. Part 1 Considerations
IV. Powered-Lift Type Certification and FSTD Qualification
A. Type Certification
B. Noise Considerations
C. Qualification of Powered-Lift Flight Simulation Training
Devices (FSTD)
V. Certification of Powered-Lift Pilots
A. Establish a Type Rating Requirement for Persons Seeking To
Act as PIC of Powered-Lift
B. Applicability of the Type Rating Requirement to Military
Pilots
C. Applicability of the SIC Qualification Requirements of Sec.
61.55 to Powered-Lift
D. Supervised Operating Experience Requirements of Sec. 61.64
E. Establish an Alternate Pathway for Pilot Certification
F. Training in an Approved Program Under Parts 135, 141, and 142
G. Practical Tests
H. Miscellaneous Amendments
I. Part 135 Pilot Qualifications
J. Part 142 Training Centers
K. Subpart K of Part 91 Pilot Qualifications
L. Summary of Proposed Regulatory Changes for Airmen
VI. Operational Rules for Powered-Lift
A. Introduction
B. Part 91 Rules for Powered-Lift
C. Part 97 Rules for Powered-Lift
D. Part 135 Rules for Powered-Lift
E. Part 136 Rules for Powered-Lift
F. Part 43 Applicability to Powered-Lift
G. Pilot Records Database
VII. Air Traffic Operations
VIII. International Operations for Powered-Lift
A. Personnel Licensing
B. Operations of Aircraft
C. Airworthiness of Aircraft
IX. Regulatory Notices and Analyses
A. Data and Assumptions
B. Summary of the Regulatory Impact Analysis
C. Regulatory Flexibility Act
D. International Trade Impact Assessment
E. Unfunded Mandates Assessment
F. Paperwork Reduction Act
G. International Compatibility
H. Environmental Analysis
I. Regulations Affecting Intrastate Aviation in Alaska
X. Executive Order Determinations
A. Executive Order 14036, Promoting Competition in the United
States Economy
B. Executive Order 13985, Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government
C. Executive Order 13132, Federalism
D. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
E. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
F. Executive Order 13609, Promoting International Regulatory
Cooperation
XI. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement Fairness Act
Abbreviations and Acronyms Used in This Document
ACO--Aircraft Certification Office
ACS--Airman Certification Standards
ALPA--Air Line Pilots Association
APD--Aircrew Program Designee
AIH--Aviation Instructor's Handbook
AQP--Advanced Qualification Program
ATC--Air Traffic Control
ATP--Airline Transport Pilot
ATO--Air Traffic Organization
CAMP--Continuous Airworthiness Maintenance Program
CFIT--Controlled Flight Into Terrain
CFR--Code of Federal Regulations
CLOA--Certificate and Letter of Authority
CVR--Cockpit Voice Recorder
DPE--Designated Pilot Examiner
GPS--Global Positioning System
GPWS--Ground Proximity Warning Systems
ELT--Emergency Locator Transmitter
ERT--Extended Review Team
FDR--Flight Data Recorder
FFS--Full Flight Simulator
FSB--Flight Standardization Board
FSBR--Flight Standardization Board Report
FSTD--Flight Simulation Training Device
FTD--Flight Training Device
HAA--Helicopter Air Ambulance
HTAWS--Helicopter Terrain Awareness Warning System
ICAO--International Civil Aviation Organization
IFR--Instrument Flight Rules
IMC--Instrument Meteorological Conditions
IOE--Initial Operating Experience
IPC--Instrument Proficiency Check
[[Page 38947]]
LOA--Letter of Authorization
MDA--Minimum Descent Altitude
MCTW--Maximum Certificated Takeoff Weight
MEL--Minimum Equipment List
MFD--Multifunction Display
MGTOW--Maximum Gross Takeoff Weight
MMEL--Master Minimum Equipment List
NAS--National Airspace System
NPRM--Notice of Proposed Rulemaking
NM--Nautical Mile
NSP--National Simulator Program
NTSB--National Transportation Safety Board
OEM--Original Equipment Manufacturer
PA--Public Address System
PDP--Professional Development Program
PIC--Pilot in Command
PFD--Primary Flight Display
POI--Principal Operations Inspector
PTS--Practical Test Standards
QPS--Qualification Performance Standards
RPA--Rules of Particular Applicability
SARPs--Standards and Recommended Practices
SFAR--Special Federal Aviation Regulation
SIC--Second in Command
SOE--Supervised Operating Experience
SVO--Simplified Vehicle Operations
TAPL--Technically Advanced Powered-Lift
TAWS--Terrain Awareness and Warning System
TC--Type Certificate
TCE--Training Center Evaluator
TCDS--Type Certificate Data Sheet
VFR--Visual Flight Rules
VMC--Visual Meteorological Conditions
VTOL--Vertical Takeoff and Landing
I. Executive Summary
This proposed rule would establish the requirements for pilot
certification and operation of powered-lift. Powered-lift are defined
in title 14 of the Code of Federal Regulations (14 CFR) part 1 as
heavier-than-air aircraft capable of vertical takeoff, vertical
landing, and low speed flight that depends principally on engine-driven
lift devices or engine thrust for lift during these flight regimes and
on nonrotating airfoil(s) for lift during horizontal flight. Powered-
lift are capable of vertical takeoff and landing (VTOL) while being
able to fly like an airplane during cruise flight. Currently, there are
no type-certificated powered-lift in civil operations; however, there
are several applicants seeking type certificates for such aircraft.\1\
---------------------------------------------------------------------------
\1\ The General Aviation Manufacturers Association (GAMA) made
several contacts with the FAA during the course of this rulemaking.
On July 21, 2022, the General Aviation Manufacturers Association
submitted a letter to the FAA providing its recommendations
regarding consensus standards for powered-lift. The FAA did not take
these recommendations into consideration while developing this NPRM.
The FAA has placed a copy of this letter in the docket for this
rulemaking. On August 17, 2022, the FAA met with GAMA to discuss
eVTOL Entry Into Service. The FAA did not take into account the
contents of this meeting while developing this NPRM.
---------------------------------------------------------------------------
Several of the powered-lift that the FAA expects to come to the
civilian market have complex and unique design, flight, and handling
characteristics with varying degrees of automation. The FAA anticipates
that these aircraft will conduct an array of different operations such
as transporting crew and material to offshore oil rigs, transporting
passengers from point-to-point as an air ambulance, and transporting
passengers in concentrated urban environments as an air taxi.
To safely integrate powered-lift in the national airspace system
(NAS), the FAA proposes to make permanent changes to parts 61, 135, and
142 to train and certificate powered-lift pilots and instructors, as
well as temporary changes through a Special Federal Aviation Regulation
(SFAR) that would supplement existing rules, create temporary
alternatives for airman certification, remove operational barriers, and
mitigate safety risks for powered-lift. As discussed in section I.F,
the FAA proposes a duration of 10 years for the SFAR.
Powered-lift will also be utilized to support the deployment of
advanced air mobility (AAM) operations. AAM is an umbrella term for an
air transportation system that moves people and cargo using
revolutionary new aircraft. These aircraft are often referred to as air
taxis or electric Vertical Takeoff and Landing (eVTOL) aircraft.
Congress has recently directed the Department of Transportation to
establish an advanced air mobility working group to plan for and
coordinate efforts to integrate advanced air mobility aircraft into the
national airspace system through the Advanced Air Mobility Coordination
and Leadership Act.\2\ This rulemaking is an important step in
facilitating the integration of powered lift and AAM into the NAS. As
discussed further in section X of this preamble, the proposed rule
would promote competition and equity in air travel by enabling powered-
lift and AAM to enter the market.
---------------------------------------------------------------------------
\2\ Public Law 117-203, 136 Stat. 4441.
---------------------------------------------------------------------------
A. Aircraft Certification
The FAA is not proposing to establish any new requirements for the
type certification of powered-lift, nor is it proposing to revise
existing type certification requirements. The FAA has determined that
existing aircraft certification requirements are sufficient to type
certificate powered-lift as a special class under 14 CFR 21.17(b).
The special class process allows the FAA to address the novel
features of unique and nonconventional aircraft without the need for
additional processes such as special conditions or exemptions that
would be required if the FAA used the airworthiness standards already
in place. Under the special class process, the FAA designates
applicable airworthiness requirements as the certification basis for
each aircraft design, including its engines and propellers. This
designation of applicable airworthiness requirements may include
requirements from the existing airworthiness standards applicable to
normal category and transport category airplanes, normal category and
transport category rotorcraft, aircraft engines and propellers (parts
23, 25, 27, 29, 33, and 35), and it may also include unique
airworthiness criteria developed specifically for the individual
product.
The FAA will publish the proposed airworthiness criteria, along
with an explanation of its equivalency determination, in the Federal
Register for public notice and comment for each powered-lift project.
The aircraft certification requirements are discussed in more
detail in section IV of this preamble.
B. Airman Certification
Although the FAA has existing regulations in part 61 for training
and certificating powered-lift flight instructors and pilots, those
regulations do not adequately address the unique challenges of
introducing a new category of aircraft to civil operations. First, the
existing regulations did not anticipate the diversity in design of the
powered-lift that are beginning to work through the aircraft
certification process. Second, the existing aeronautical experience
requirements for powered-lift contain roadblocks for training and
certificating the initial cadre of powered-lift flight instructors and
pilots. In addition to the challenges with the existing regulations in
part 61, the regulations for certain commercial operations in part 135
do not contain specific regulations addressing qualifications for
powered-lift pilots which creates a safety gap when compared to the
part 135 requirements for pilots of airplanes and helicopters.
The intention expressed by industry to introduce these aircraft
immediately into passenger-carrying commercial operations has made more
urgent the need to reconsider the existing airman regulations for
powered-lift and address the absence of specific regulations for pilots
in part 135. The FAA requires and the public expects that commercial
operations be conducted with the highest regard for safety and by
pilots who have extensive experience flying the particular category of
aircraft in which paying passengers will be
[[Page 38948]]
transported. To maintain a level of safety commensurate with that
expected for airplanes and helicopters, the FAA is proposing new
requirements for pilots to hold type ratings for each powered-lift they
fly and proposing qualification requirements for powered-lift pilots
serving in part 135. To address the obstacles to airman certification
in existing regulations, the FAA is proposing alternatives to certain
requirements in part 61 to facilitate the training and certification of
the initial cadre of powered-lift instructors and powered-lift pilots.
1. Type Rating
The lack of commonality in the design of powered-lift creates
challenges for pilot training and certification. The powered-lift
coming to the civilian market have complex and unique design, flight,
and handling characteristics with varying degrees of automation.
Because each powered-lift can have different configurations, unique
inceptors, diversified flight controls, and complicated and distinctive
operating characteristics, the FAA has determined that, unlike
airplanes and rotorcraft, it is not feasible to establish classes
within the powered-lift category at this time. As such, the FAA is
proposing to require pilots to hold a type rating for each powered-lift
they fly.\3\ This proposal would ensure that the pilot in command (PIC)
has received specific training on the unique aspects of each powered-
lift and demonstrated proficiency during a practical test conducted by
an FAA examiner. The proposed type rating requirement would also
conform to the type rating standard established by the International
Civil Aviation Organization (ICAO).
---------------------------------------------------------------------------
\3\ If a manufacturer develops a powered-lift that is
sufficiently similar to another powered-lift such that there is
enough commonality in how they perform and handle for pilots (e.g.,
flight controls), it is possible for those powered-lift to share a
type rating. Based on what is being manufactured now, the FAA does
not expect this to be a possibility in the near term. Should this
realize, the FAA would determine whether a powered-lift should share
a type rating with another powered-lift during the FSB process,
which is discussed in section V.H of this preamble.
---------------------------------------------------------------------------
2. Flight Instructors
Flight instructors form the backbone of the airman certification
framework. Every individual that learns to fly begins by obtaining
flight training from an authorized instructor on the basic maneuvers,
flight controls, and instruments of a particular category of aircraft
(e.g., airplanes). The FAA recognizes that, once the first powered-lift
achieve type certification, there will be an insufficient number of
qualified flight instructors to provide training to the pilots who will
need to obtain certificates and ratings necessary to serve in powered-
lift operations. For this reason, the FAA is proposing to allow certain
pilots employed by the manufacturer to obtain the necessary training
and experience for powered-lift through the test flights and crew
training activities necessary for aircraft certification. Once the
manufacturer's personnel obtain the necessary ratings, they would form
the initial cadre of instructors who could conduct certification
training in the manufacturer's aircraft for certain instructor
personnel at part 141 pilot schools, part 142 training centers, and
part 135 operators. These instructors under parts 141, 142, and 135
would then develop the curricula for the initial powered-lift training
at their respective organizations.
The reliance on manufacturers to provide the initial training in a
new aircraft is not without precedent in aviation. For years,
manufacturers of new types of airplanes or rotorcraft have provided the
necessary training for the initial cadre of pilots who will fly the new
aircraft type (e.g., B-787). In fact, a number of manufacturers hold
air agency certificates under parts 141 and 142 for the purpose of
providing this type of flight training to the pilots of prospective
customers. As explained in greater detail later in this preamble, the
current proposal provides flexibility for powered-lift manufacturers to
conduct training that would facilitate the qualification of flight
instructors and promote the use of their aircraft.
3. Pilots
Even with sufficient qualified flight instructors, the existing
airman certification rules for powered-lift present obstacles for
persons seeking to accomplish the training and experience necessary to
obtain the certificates and ratings for commercial operations. In
response to industry concerns, the FAA is proposing alternate
requirements for meeting pilot in command (PIC) flight time and cross-
country flight time requirements in part 61 and expanding the
opportunity for pilots to obtain powered-lift ratings at the commercial
pilot certificate level through part 135 training programs. Most of the
alternative requirements would be available only to pilots who already
hold a commercial pilot certificate and an instrument rating for
another category of aircraft. In addition, although no FSTDs
representing powered-lift are currently qualified, the FAA anticipates
near-term qualification of such devices and is proposing to allow
increased flight training opportunities through simulation.
4. Part 135 Pilot Qualifications
With the recent issuance of a separate NPRM that proposes to enable
powered-lift operations in part 135, the FAA is proposing permanent
changes in this NPRM to training and qualification requirements for
pilots to align with the requirements established for pilots of
airplanes and rotorcraft in part 135. These proposals include ATP
certification and operating experience in make and model of powered-
lift for PICs in commuter operations, part 121 training requirements
for pilots who serve in commuter operations in certain powered-lift,
and instrument ratings for all powered-lift pilots in part 135
operations. In addition to proposing to allow a part 135 operator to
develop and provide training for powered-lift pilot certification at
the commercial pilot level, the FAA is proposing to permit successful
completion of part 135 pilot checks to be used to meet the practical
test requirements for powered-lift ratings subject to certain
conditions.
5. Dual Controls
Since 1938, aviation regulations have required aircraft to have
dual controls for operations involving flight training. This
requirement prevents a person not rated or inexperienced in an aircraft
from having sole responsibility for the flight and permits a PIC to
directly intervene when necessary in the interest of safety. The FAA is
aware that some manufacturers have or intend to design powered-lift
with a single set of controls. Because the FAA is proposing that all
powered-lift would require the pilot to hold a type rating for the
aircraft, a person would be required to receive training for a type
rating in the specific powered-lift for the type rating sought, meaning
the powered-lift must have a dual set of controls for flight training
under Sec. 91.109. To the extent that manufacturers have suggested
that there are alternate safe means to conduct flight training without
a dual set of controls, the FAA finds that those means have not been
demonstrated or validated to a level that would allow the FAA to
propose relief from the requirement to conduct flight training with a
dual set of controls. The FAA invites public comments on this
determination. Specifically:
How would a flight instructor provide flight training in
powered-lift with only a single set of flight controls without
adversely affecting safety?
How would an applicant meet the supervised operating
experience
[[Page 38949]]
requirements with a single set of flight controls in powered-lift? \4\
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\4\ A person subject to a supervised operating experience (SOE)
limitation my not act as PIC of an aircraft but must perform the
duties of PIC under the supervision of a qualified PIC. The FAA
considers a person to be performing the duties of a PIC when the
person performs all the functions of the PIC including landings and
takeoffs, en route flying, low approaches, and ground functions. See
Legal Interpretation to Duncan (Apr. 13, 2012). As such, both the
PIC (the person responsible for the safe conduct of the flight) and
the person completing SOE need access to flight controls.
---------------------------------------------------------------------------
How would an operator fully qualify pilots for air carrier
operations in an aircraft without dual flight controls while meeting
the enhanced safety standard that is expected of air carrier
operations?
Please provide any relevant data or technical analyses that could
assist the FAA in evaluating these comments.
6. Impacts to Rotorcraft Training at Part 142 Training Centers
The FAA is also proposing some permanent changes that, in addition
to establishing requirements for powered-lift, would affect certain
part 142 training in FSTDs that represent rotorcraft. These proposed
changes would harmonize requirements for airplanes, powered-lift and
rotorcraft in part 142 with regard to training in an FSTD that
represents an aircraft that requires the pilot to hold a type rating.
In some instances, these proposed changes would provide additional
flexibility to training and qualification for rotorcraft instructors
consistent with allowances for airplane instructors and provide
training and testing for rotorcraft instructors that is more
specifically focused on rotorcraft, instead of airplanes.
C. Operational Requirements
Currently, parts 43 (Maintenance, Preventive Maintenance,
Rebuilding, and Alteration), 91 (General Operating and Flight Rules),
97 (Standard Instrument Procedures), 135 (Operating Requirements:
Commuter and on Demand Operations and Rules Governing Persons on Board
Such Aircraft), and 136 (Commercial Air tours and National Parks Air
Tour Management) include regulatory requirements applicable to
aircraft, generally, and do not specify applicability to a particular
kind of aircraft (i.e., airplane, rotorcraft, powered-lift).
Accordingly, these provisions currently apply to powered-lift.
In order to mitigate the safety gaps that exist due to the absence
of operational regulations specifically applicable to powered-lift, the
FAA proposes, through the SFAR, to apply specific airplane, rotorcraft,
and helicopter rules contained in parts 43, 91, 97, 135, and 136 to
powered-lift as appropriate. The FAA conducted a comprehensive review
of the operational rules, taking into consideration the anticipated
capabilities of powered-lift and the lack of operational data. Each
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift
operations as is provided in the current rules. Based on this review,
the FAA asserts that the proposed provisions will maintain an
equivalent level of safety for operations conducted in powered-lift to
those conducted in airplanes, rotorcraft, or helicopters.
Specifically, under part 91, the FAA proposes applying airplane
rules, except for the helicopter provisions of Sec. Sec. 91.126(b)(2)
and 91.129(f)(2), when a powered-lift is operating in vertical-lift
flight mode. These two regulations require helicopters, when conducting
approaches, to avoid the flow of fixed-wing aircraft in Class G and
Class D airspace, respectively. This proposal would provide the
flexibility for powered-lift operators capable of landing vertically to
land at most helicopter pads and heliports.\5\
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\5\ See section VI.A.1 for further discussion of ``heliport''
and the FAA's published interim guidance for vertiport design.
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Under part 135, the FAA proposes applying airplane rules, except
for helicopter- or rotorcraft-specific regulations that outline:
certain equipment requirements; certain emergency equipment and
passenger briefing requirements for overwater operations; certain VFR
or IFR requirements; requirements for operations in icing conditions;
and certain airport requirements, as well as requirements for operating
in remote areas. The FAA also proposes to require powered-lift
operators conducting operations similar to helicopter air ambulance
operations to utilize the requirements applicable to such operations in
part 135. The FAA also proposes to make a permanent change to the
regulatory requirements for the Pilot Records Database contained in
part 111 to include powered-lift as a qualifying aircraft to meet the
threshold requirement of whether a person operating in furtherance of a
business needs to report pilot records to the Pilot Records Database.
In general, the FAA applies operational requirements specific to
helicopter operations within part 136 to powered-lift operations
because the FAA expects powered-lift will hover and operate similarly
to helicopters when conducting air tours, except when relying on
horizontal lift. Accordingly, for operational requirements related to
cruise flight in wing-borne flight mode, the FAA applies airplane
specific requirements because of a powered-lift's expected similarity
to an airplane in that operational circumstance.
The FAA also proposes to allow powered-lift operators to use Copter
Procedures as defined in part 97 if the aircraft has been type-
certificated and equipped to utilize those procedures. That capability
will be identified in the limitations section of the aircraft flight
manual along with any other specific limitations and procedures
necessary for safe operation of the aircraft.
For purposes of maintenance, preventive maintenance, rebuilding,
and alteration, the FAA proposes to apply the current requirements
under part 43, with only two modifications. First, the FAA proposes to
apply the preventive maintenance requirements available to certificate
holders operating rotorcraft under part 135 in remote areas, to
certificate holders operating powered-lift under part 135 in remote
areas. If approved by the Administrator, a certificate holder operating
powered lift under part 135 would be permitted to allow a pilot who has
completed training to perform certain specific preventive maintenance
items.\6\ Second, the FAA proposes that in lieu of complying with Sec.
43.15(b), each person performing an inspection required by part 91 on a
powered-lift, must inspect ``critical parts'' in accordance with the
maintenance manual or Instruction for Continuous Airworthiness, or as
otherwise approved by the Administrator. The FAA proposes that
``critical part'' have the same meaning as provided in Sec. Sec.
27.602 and 29.602.
---------------------------------------------------------------------------
\6\ The pilot must complete training under an approved training
program. 14 CFR 43.3(h)(2).
---------------------------------------------------------------------------
The operational requirements for powered-lift are discussed in more
detail in section VI of this preamble.
D. International Operation of Powered-Lift
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices (SARPs) to the maximum extent practicable.
The FAA proposes to amend part 61 to require powered-lift pilots to
have a type rating, which meets the standards outlined in ICAO Annex 1,
Personnel
[[Page 38950]]
Licensing. Under parts 91 and 135, the FAA requires U.S. operators to
comply with ICAO Annex 2, Rules of the Air. ICAO Annex 8, Airworthiness
of Aircraft, is silent on powered-lift; however, the FAA designates
powered-lift as special class aircraft for type certification in
accordance with Sec. 21.17(b) and applies airworthiness criteria that
meet an equivalent level of safety to the FAA's existing airworthiness
standards and are consistent with the intent of ICAO Annex 8 to the
Chicago Convention. Accordingly, U.S. operators of powered-lift that
are type-certificated with a standard airworthiness certificate and
conduct their operations in accordance with the standards outlined in
Annex 2 would be eligible to operate over the high seas.
The requirements for the international operation of powered-lift
are discussed in more detail in section VIII of this preamble.
E. Summary of the Costs and Benefits
Operations with powered-lift are anticipated to offer benefits over
traditional airplanes and rotorcraft. A report published by the U.S.
Government Accountability Office (GAO) stated that many of these newer
category of aircraft could be easier to design, simpler to construct,
less complicated to maneuver, quieter to fly, and more economical to
operate compared to traditional aircraft.\7\ Many use cases for these
aircraft are envisioned, and this rulemaking is a step toward those use
cases coming to realization.
---------------------------------------------------------------------------
\7\ Transforming Aviation: Stakeholders Identified Issues to
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
---------------------------------------------------------------------------
While operators choosing to conduct operations with powered-lift
would incur costs to comply with regulations proposed in this NPRM,
these costs would be on a scale equivalent to those incurred by
operators choosing to conduct operations with airplanes or rotorcraft
under similar regulations. Likewise, costs imposed on individuals that
choose to accomplish the required training and testing required to hold
an airman certificate with a type rating in the powered-lift category
would be on a scale equivalent to those incurred by individuals
accomplishing training and testing to hold an airman certificate with a
type rating in the airplane or rotorcraft category. In other words, the
costs imposed on operators and individuals that choose to comply with
regulations proposed by this rule would be no more burdensome than the
costs incurred by entities and individuals complying with corresponding
airplane and rotorcraft regulations that are already in effect.
However, to address the significant operational differences between
each powered-lift, the FAA is proposing to require the PIC of a
powered-lift to hold a type rating for the aircraft. The FAA has
determined that requiring persons to hold type ratings for powered-lift
would establish the appropriate level of safety, greater than would be
established by only holding a powered-lift category rating, by ensuring
persons receive adequate training and are tested on the unique design
and operating characteristics of each powered-lift.\8\
---------------------------------------------------------------------------
\8\ Official FAA forecasts related to the operation of powered-
lift in the NAS have yet to be developed. Thus, a forecast for the
number of pilots expected to conduct operations under part 135 or 91
was prepared solely to estimate costs imposed by this proposed SFAR.
These costs include adding a type rating for powered-lift to an
airman certificate. At this time, forecasts do not include an
estimate for individuals seeking to operate powered-lift for
personal use. Forecasts were developed using publicly available data
related to orders and options for powered-lift.
---------------------------------------------------------------------------
The proposals in this NPRM can generally be grouped by those rules
affecting airman certification and those rules enabling powered-lift to
conduct operations under parts 91, 97, 135, and 136. For certification
of airmen with a type rating in powered-lift, the FAA proposes
alternative aeronautical experience and logging requirements. For the
operational rules, the FAA proposes to apply specific airplane,
rotorcraft, or helicopter rules to powered-lift, as appropriate. The
FAA performed an analysis of each proposal in this NPRM and its impact.
An overview of this analysis is included in the Regulatory Evaluation
portion of this preamble. A regulatory impact analysis has also been
prepared for this NPRM and can be found in the docket for this proposed
rule.
The following table presents a summary of the primary estimates of
the quantified costs of this rule, as well as estimates for a
pessimistic and optimistic scenario. This analysis provides a range of
costs from low to high based on these scenarios. The FAA considers the
primary estimate of costs to be the base scenario. For the primary
estimate, over a 10-year period of analysis this rule would result in
present value costs of about $30.5 million at a three percent discount
rate with annualized net costs of about $3.6 million. At a seven
percent discount rate, the present value net costs are about $24.1
million with annualized net costs of $3.4 million.
Additional details are provided in the Regulatory Evaluation
section of this proposed rule and in the Regulatory Impact Analysis
available in the docket for this rulemaking.
Table 1--Quantified Costs of NPRM
[Millions $] *
----------------------------------------------------------------------------------------------------------------
10-Year 10-Year
Forecast scenario present value Annualized present value Annualized
(3%) (3%) (7%) (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate.......................... $30.5 $3.6 $24.1 $3.4
Pessimistic..................................... 27.4 3.2 21.0 3.0
Optimistic...................................... 33.7 4.0 27.3 3.9
----------------------------------------------------------------------------------------------------------------
Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
discount rates per Office of Management and Budget (OMB) guidance.
F. SFAR Framework and Duration
The NPRM will enable powered-lift operations on a temporary basis
and provide the FAA an opportunity to assess the operations and
establish a comprehensive regulatory scheme.
In the past, when the FAA has found that it lacks sufficient
experience regarding new operations, the use of an SFAR has been an
effective way to gain such experience while enabling some degree of
limited operations. Such SFARs have typically temporarily enacted
conservative safety approaches to enabling operations, allowing both
the FAA and industry to observe those operations and then subsequently
make safety improvements in a later permanent change to the
regulations. An example of this approach exists within
[[Page 38951]]
the FAA's SFAR No. 29, which dealt with instrument helicopter
operations.
In considering this approach, the FAA recognizes that several
limited permanent changes will need to be made to various regulations
to enable a more comprehensive SFAR covering powered-lift. This NPRM
proposes both limited permanent changes and an SFAR to facilitate
powered-lift operations and permit the FAA to gather data and better
understand what a comprehensive permanent regulatory framework should
look like.
Because the SFAR will affect several parts of 14 CFR, the FAA has
determined that the most clear and comprehensive regulatory approach is
through the creation of a new part to wholly contain the proposed SFAR.
Specifically, the FAA proposes to add a new part 194, titled ``Special
Federal Aviation Regulation No. 120--Powered Lift: Pilot Certification
and Training; Operations Requirements,'' to 14 CFR under new subchapter
L, titled ``Other Special Federal Aviation Regulations.'' New part 194
would utilize the traditional regulatory structure to supplement
existing rules, create temporary alternatives for airman certification,
remove operational barriers, and mitigate safety risks for powered-
lift. As a result, requisite applicability revisions are proposed to
parts 43, 60, 61, 91, 97, 111, 135, 136, 141, and 142 to clearly
communicate that current regulations are intended to operate in tandem
with proposed part 194, as subsequently discussed in this preamble. The
FAA considers this approach to be consistent with previous rulemakings
where, at initial inception, rotorcraft and helicopter regulations had
similar requirements to the airplane rules. Helicopters were given
relief or granted other minimums unique to their operation after an
evaluation period provided by an SFAR.
The FAA is proposing that the SFAR be in effect for ten years after
finalization of this proposed rulemaking. In selecting ten years as the
appropriate duration for this SFAR, the FAA considered a number of
factors including the time it will take to initiate operations after
the adoption of this notice of proposed rulemaking (NPRM) as a final
rule, considering the type certification status of the powered-lift
that are commercially viable. After operators initiate commercially
viable operations, the FAA also considered the appropriate length of
time to collect operational data, and then complete a subsequent
rulemaking to implement permanent amendments.
II. Authority for This Proposed Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the FAA's authority.
The FAA is issuing this proposal under the authority described in
Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and
Subpart iii, Section 44701, General Requirements; Section 44702,
Issuance of Certificates; Section 44703, Airman Certificates; Section
44704, Type Certificates, Production Certificates, Airworthiness
Certificates, and Design and Production Organization Certificates;
Section 44705, Air Carrier Operating Certificates; and Section 44707,
Examination and Rating of Air Agencies. Under these sections, the FAA
prescribes regulations and minimum standards for practices, methods,
and procedures necessary for safety in air commerce, including the
authority to examine and rate civil schools and prescribe regulations
to ensure the competency of instructors. The FAA is also authorized
under these sections to issue certificates, including airman
certificates, type certificates, and air carrier operating
certificates, in the interest of safety.
This rulemaking is also proposed under the authority described in
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter
conditions. These sections direct the Administrator to prescribe
regulations to govern the use of emergency locator transmitters and
collision avoidance systems, the standards for inspecting and
performing maintenance on aircraft, and regulations to control aircraft
noise and safety risks related to winter conditions, respectively.
This proposed rulemaking is issued under the authority described in
each of the previously discussed sections of Title 49 of the United
States Code.
III. Background
A. General
Powered-lift are unique in their ability to take off and land
vertically like helicopters, and fly like an airplane during cruise
flight. They can operate in different flight regimes utilizing features
of helicopters or airplanes or both. The flight controls for such
aircraft are also often unique to the individual aircraft design and
can incorporate both traditional helicopter and airplane controls, or
control systems that are dissimilar to either helicopters or airplanes.
Likewise, the flight characteristics for powered-lift vary depending on
the aircraft design and the different modes in which they operate.
The FAA began to contemplate the integration of powered-lift into
the regulations in the 1990s. Specifically, in 1995, the FAA published
an NPRM titled ``Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules.'' \9\ The NPRM was drafted in anticipation
of industry developing powered-lift to subsequently enter the civilian
market. The FAA noted that powered-lift would require new pilot skills
and abilities because the aircraft have VTOL capabilities but fly like
airplanes at higher altitudes and airspeeds.
---------------------------------------------------------------------------
\9\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certificate Rules; NPRM, 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------
At that time, the FAA considered various approaches to pilot
certification for powered-lift, including whether powered-lift should
be a separate aircraft category or whether a powered-lift class rating
should be created within the rotorcraft category. The FAA also
considered powered-lift class ratings, such as tilt-rotor, tilt-wing,
ducted fan, and vectored thrust; and whether to require a type rating
for every make and model of powered-lift. Ultimately, the FAA proposed
adding a new powered-lift airman certification category of aircraft
without associated class or type ratings.\10\
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\10\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, NPRM 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------
Some commenters objected, stating that a proposal to add powered-
lift as an aircraft category was premature because there were no
powered-lift on the market and no evidence that powered-lift would find
applications in the civil marketplace. Commenters also noted that the
FAA was not proposing operating rules to accompany the pilot
certification standards. The FAA published the final rule on April 4,
1997,\11\ and introduced the powered-lift category into the airmen
certification rules and various other parts of the regulations. In
response to commenter concerns, the FAA reasoned that the regulations
were necessary because the existing pilot certification standards did
not adequately reflect the powered-lift certification requirements and
were not drafted with the intent of certificating
[[Page 38952]]
powered-lift pilots.\12\ The FAA emphasized that its regulations must
evolve to accommodate advancements in aviation technology and
considered the introduction of powered-lift as an aircraft category to
be a necessary first step in building a regulatory framework for
powered-lift.
---------------------------------------------------------------------------
\11\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; Final Rule, 62 FR 16220, 16231 (Apr. 4, 1997).
\12\ Id.
---------------------------------------------------------------------------
Following the publication of the final rule, the FAA intended to
update the operating rules. However, operational rulemaking initiatives
never came to fruition because the market evolved differently than the
FAA had envisioned and powered-lift did not enter the civilian market
as quickly as the FAA anticipated. The FAA notes that in the years
since the pilot certification rules were revised to include powered-
lift in 1997, industry has developed new aircraft varying widely in
complexity of operation. The powered-lift currently undergoing the type
certification process are comparatively more sophisticated than the
simple and uniform models of powered-lift proposed in the 1990s.
Currently, the FAA has several powered-lift in the type
certification process. The powered-lift coming to the civilian market
have varied greatly in design, flight, and handling characteristics
with varying degrees of automation, more so than what was originally
anticipated when applicants initially sought certification of powered-
lift.
While none of the powered-lift for which type certification is
being sought have yet been approved for civilian use, the powered-lift
industry has identified many potential uses for these aircraft. The FAA
anticipates the introduction of aircraft that vary in size and
passenger seating configuration and employ both new and traditional
kinds of propulsion systems into the civilian market. The initial
expected entrant is the manufacturer of a four-passenger powered-lift
with a maximum gross takeoff weight of 4,800 lbs., which is progressing
through the FAA's type certification process.\13\ This manufacturer
proposed a powered-lift using six tilting electric engines with 5-blade
propellers attached to a conventional wing and V-tail. The powered-lift
has the characteristics of both a helicopter and an airplane and is
intended to be used for operations under parts 91 and 135, with a
single pilot onboard, under visual flight rules.
---------------------------------------------------------------------------
\13\ 87 FR 67399 (Nov. 8, 2022).
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The FAA has previously described powered-lift as useful for civil
applications, as these aircraft have ``vertical take-off and landing
and hovering capability like helicopters,'' and are able to cruise and
``fly at higher airspeeds like airplanes.'' \14\ This airspeed
differentiation could result from aircraft configuration changes such
as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-
lift engines; or other means.
---------------------------------------------------------------------------
\14\ 60 FR 41165.
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Manufacturers and initial operators of powered-lift indicate
operations with powered-lift could offer many benefits over rotorcraft.
For example, some powered-lift are capable of transporting heavier
loads at higher altitudes and faster cruise speeds than rotorcraft.
Such capability may increase efficiency in transporting crew and
material to remote locations such as off-shore oil rigs and add
diversity when considering landing points available that are currently
available to helicopters and not airplanes. Certificate holders seeking
to take advantage of these capabilities may also seek to use powered-
lift for transporting passengers from point-to-point; for example, such
transportation could occur from a heliport and proceed at turboprop
airspeeds and ranges. Other opportunities may also exist in
concentrated urban environments, where short point-to-point distances
coupled with vertical capability may allow for more efficient
transportation of passengers than existing ground transportation
methods.
B. Related Rulemakings
The FAA is engaging in a multi-step process of updating the
regulations that apply to powered-lift that traditionally have not
operated in air carrier and commercial operations. On December 7, 2022,
the FAA published the Update to Air Carrier Definitions NPRM.\15\ As it
pertains to this NPRM, the Update to Air Carrier Definitions NPRM
proposed to amend the regulatory definitions in part 110, General
Requirements, to add powered-lift to the definitions of ``commuter
operation'' and ``on-demand operation.'' The definitions in part 110
apply to all operations under 14 CFR chapter I, subchapter G, which
includes parts 119 and 135.\16\ In accordance with Sec. 119.21, all
commuter and on-demand operations must be conducted in accordance with
part 135.\17\ Accordingly, powered-lift must be added to the
definitions of commuter operation and on-demand operation before
powered-lift may be operated under part 135. For both definitions, the
FAA proposed that powered-lift be added consistent with the existing
requirements for airplane. As a result, all the part 135 proposals in
this NPRM are based on an underlying premise that powered-lift is
included in the definitions of commuter operation and on-demand
operation. These proposals include the pilot certification proposals
based on completion of a part 135 training curriculum, the part 135
training and qualification proposals, and the part 135 operational rule
proposals. The FAA will reconcile this proposal with the Update to Air
Carrier Definitions final rule as appropriate.
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\15\ RIN 2120-AL80, 87 FR 74995.
\16\ See 14 CFR 110.1 and 110.2.
\17\ See 14 CFR 119.21(a)(4) and (5).
---------------------------------------------------------------------------
Additionally, on December 12, 2022, the FAA published the ``Airman
Certification Standards and Practical Test Standards for Airmen;
Incorporation by Reference'' (ACS IBR) NPRM.\18\ As it pertains to this
NPRM, the ACS IBR NPRM proposed to revise certain part 61 regulations
to incorporate the Airman Certification Standards (ACS) by reference
into the requirements for powered-lift pilot and flight instructor
certification. The ACSs establish the standard for what an applicant
must know, consider, and do to demonstrate proficiency to pass the
practical tests required for issuance of the applicable airman
certificate or rating. Specifically, for powered-lift, the ACS IBR NPRM
proposed to incorporate by reference the ACSs for the following:
Airline Transport Pilot and Type Rating for Powered-Lift Category,
Commercial Pilot for Powered-Lift Category, Private Pilot for Powered-
Lift Category, Instrument Rating-Powered-Lift, Flight Instructor for
Powered-Lift Category, and Flight Instructor Instrument Powered-Lift.
Several proposals in this NPRM are based on the proposed incorporation
of the powered-lift ACSs. Therefore, throughout the remainder of this
NPRM, the FAA presumes that the powered-lift ACSs are incorporated by
reference as proposed. The FAA will reconcile this proposal with the
ACS IBR final rule as appropriate.
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\18\ 87 FR 75955.
---------------------------------------------------------------------------
C. Part 1 Considerations
The FAA first notes that throughout this preamble and proposed
regulatory text, the FAA utilizes certain terms that are defined in 14
CFR part 1. Currently, part 1 applies only to subchapters A through L
of 14 CFR chapter I. In 1966, 14 CFR part 1 was originally limited in
scope to apply to Federal Aviation Regulations (i.e., subchapters A
through L) specifically because the agency codified certain subchapters
in chapter I that were unrelated to aviation safety
[[Page 38953]]
rules \19\ at that time.\20\ As discussed in this preamble, the FAA
proposes to add subchapter L, which will contain the proposed SFAR in
new part 194 (i.e., aviation safety rules). To apply the definitions as
set forth in part 1 to proposed subchapter L, and given the relocation
or deletion of certain non-aviation safety related regulations within
chapter I, the FAA proposes to expand applicability of part 1 to apply
to the entirety of 14 CFR chapter I.\21\ This expansion would be
effectuated through revisions to the introductory text of Sec. Sec.
1.1, 1.2, and 1.3(a).
---------------------------------------------------------------------------
\19\ For example, employee conduct was regulated through chapter
I, subchapter O.
\20\ Limitation of Applicability to ``Federal Aviation
Regulations,'' Final Rule, 31 FR 5054 (Mar. 29, 1966).
\21\ Applicability of part 1 would also expand to subchapter N
(part 198, pertaining to aviation insurance), however, the FAA does
not foresee substantive changes as a result.
---------------------------------------------------------------------------
IV. Powered-Lift Type Certification and FSTD Qualification
A. Type Certification
The FAA is not proposing to establish any new requirements for the
type certification of powered-lift, nor is it proposing to revise
existing type certification requirements. The FAA has determined that
existing aircraft certification regulations are appropriate to type
certificate powered-lift.
The FAA's rules for designating the applicable regulations for
type-certificated products are in 14 CFR 21.17. Most products that have
existing airworthiness standards (airplanes, rotorcraft, balloons,
engines, and propellers) are type certificated in accordance with Sec.
21.17(a). In general, the requirements for airplane type certification
are in part 23 or 25, and rotorcraft are in part 27 or 29.
The FAA utilizes a tiered level of safety for the minimum
certification standards for airplanes and rotorcraft and has
established applicability standards to determine which minimum standard
may be used for the certification of a particular aircraft. Part 23
provides the minimum certification standards for normal category
airplanes, applicable to airplanes that have a passenger seating
configuration of 19 or less and a maximum certificated takeoff weight
of 19,000 pounds or less. Part 25 provides the minimum certification
standards for transport category airplanes, applicable to airplanes
that have a passenger seating configuration of 20 or more or a maximum
certificated takeoff weight of greater than 19,000 pounds. Part 27
provides the minimum certification standards for normal category
rotorcraft, applicable to rotorcraft that have a passenger seating
configuration of 9 or less and a maximum weight of 7,000 pounds or
less. Part 29 provides the minimum certification basis for transport
category rotorcraft, applicable to rotorcraft with a passenger seating
configuration of 10 or more or a maximum weight of more than 7,000
pounds. An applicant seeking to certificate a normal category airplane
or rotorcraft under part 23 or 27, respectively, can request to use the
higher certification standards of part 25 or 29 for such aircraft.
For aircraft for which the FAA has not established airworthiness
standards under subchapter C of chapter I of 14 CFR (e.g., gliders,
airships, powered-lift, very light airplanes), the FAA uses the special
class aircraft process in Sec. 21.17(b). The special class process was
created to address the novel features of unique and nonconventional
aircraft without the need for additional processes such as special
conditions or exemptions that would be required if the FAA used the
airworthiness standards in place under existing parts of title 14.\22\
Using the special class process, the FAA designates airworthiness
requirements as the certification basis for each aircraft design,
including its engines and propellers.\23\ The FAA may designate
appropriate and applicable airworthiness requirements from the existing
airworthiness standards in parts 23, 25, 27, 29, 33, and 35, and it may
also include unique airworthiness criteria developed specifically for
the individual product, that provide an equivalent level of safety to
existing standards.\24\ The FAA has not yet established powered-lift
airworthiness standards in subchapter C of chapter I of 14 CFR.
Therefore, the FAA has determined that powered-lift will be type-
certificated as a special class aircraft.
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\22\ For products type certificated in accordance with Sec.
21.17(a), the FAA may issue special conditions when it determines
that existing airworthiness regulations do not provide adequate or
appropriate safety standards because of a novel or unusual design
feature of the product. Special conditions are issued in accordance
with 14 CFR part 11 and contain such safety standards for the
product as the FAA finds necessary to establish a level of safety
equivalent to that established in the regulations. The FAA may grant
an exemption from the requirements of a regulation when an applicant
petitions for relief under 14 CFR part 11.
\23\ Applicants of special class aircraft who propose engine
and/or propeller designs with their aircraft will have the engine
and propeller approved with the aircraft type certificate. This
would result in a certification basis that includes criteria for the
aircraft, engine, and/or propeller. Alternatively, applicants
seeking certification for special class aircraft may propose the
installation of engines and/or propellers that have been issued
their own type certificate, which would result in a certification
basis with criteria for only the aircraft. The engine and propeller
would be type certificated under parts 33 and 35, respectively.
\24\ For certain special classes of aircraft, the FAA has
designated airworthiness criteria in an advisory circular (AC): AC
21.17-1A for airships, AC 21.17-2A for gliders, and AC 21.17-3 for
very light airplanes (VLA). Currently, the FAA expects to issue
airworthiness criteria for powered-lift, specific to the particular
applicant. Although the FAA is not publishing an AC for powered-lift
airworthiness criteria with this proposed rulemaking, the agency may
publish powered-lift airworthiness standards through a future AC or
rulemaking.
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To type-certificate powered-lift as a special class aircraft, the
FAA must designate airworthiness requirements as the certification
basis for that aircraft, which provide an equivalent level of safety to
existing airworthiness standards. When conducting the evaluation for
determining an equivalent level of safety, the FAA will consider
characteristics of the particular aircraft such as the aircraft size,
seating capacity, and performance, among other things, in comparison to
the capabilities of aircraft type-certificated under the existing
airworthiness standards for airplanes and rotorcraft. When establishing
the certification basis for a specific powered-lift project, the FAA
will publish the proposed airworthiness criteria, including an
explanation of its equivalency determination, in the Federal Register
for public notice and comment.\25\
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\25\ E.g., see: Airworthiness Criteria: Special Class
Airworthiness Criteria for the Joby Aero, Inc. JAS4-1 Powered-Lift,
87 FR 67399 (Nov. 8, 2022).
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In certain instances, specific airworthiness or aircraft equipage
requirements for the issuance of a type certificate may not be
sufficient to meet the requirements of a particular operating rule or
operation. Applicants seeking type design approval for powered-lift
should identify areas where additional approvals are required to
support the anticipated operational use of the aircraft to avoid having
to obtain a subsequent type design change approval. In the case where
an approved aircraft type-design does not include the required
approvals or aircraft equipage needed for a specific operation or
operating rule, then a type design change may be required to enable the
use of that aircraft.
In certain cases, the operational rules in parts 91 and 135 cite
specific airworthiness standards from the certification rules in part
23, 25, 27 or 29. When an airworthiness standard is referenced in a
particular operating rule, those specific standards listed may or may
not be used in their entirety due to some of the designs unique to each
particular aircraft. When a particular airworthiness certification
standard is
[[Page 38954]]
referenced, but it is not practical to use that standard in its
entirety due to the design of the powered-lift, then to maintain an
equivalent level of safety, the FAA will determine which existing
airworthiness standards apply, or if another standard must be created.
For example, Sec. Sec. 91.609 and 135.152, the regulations requiring
flight data recorders (FDR), both point to specific airworthiness
standards found within part 23, 25, 27, or 29. In this case, the FAA
will review the requirements contained within parts 23, 25, 27, and 29
and determine which standard or set of standards would apply, or if the
FAA needs to create a new standard to ensure the data captured achieves
an equivalent level of safety in these novel aircraft designs.
In an additional example, certain powered-lift type-certificate
applicants may want their aircraft to have the capability to use Copter
Procedures under part 97, which would require the aircraft to have
specific equipage and stability capabilities equivalent to either
appendix B to part 27 or 29 as part of the type-certification approval.
The identified standards in each of the examples would be included in
the aircraft's certification basis.
Throughout this preamble and the SFAR, the FAA applies certain
operating regulations to large powered-lift that currently apply to
large transport category airplanes. The FAA evaluated the weight
parameters for both transport category airplanes and transport category
rotorcraft and determined that the weight limit for large aircraft,
which is 12,500 pounds (lbs.) and falls between the airplane (19,500
lbs.) and rotorcraft (7,500 lbs.) transport category weight limits,
would be an appropriate weight at which to apply airplane transport
category standards to powered-lift.
This approach is consistent with the agency's approach to type
certification of powered-lift under Sec. 21.17(b), in that the agency
has previously identified 12,500 lbs. as an appropriate weight at which
to apply certain transport category certification standards from part
25, even though the powered-lift may weigh less than 19,500 lbs.
Accordingly, small powered-lift, weighing less than 12,500 lbs., would
not be subject to transport category standards except in one instance
in subpart I of part 135 (Sec. 135.397(b)), where a small powered-lift
with more than 19 seats would be subject to certain airplane
performance operating limitations. The FAA invites comment on whether
the public believes there is a more appropriate weight at which to
apply transport category airplane regulations to powered-lift.
B. Noise Considerations
The FAA is statutorily required to protect the public from aircraft
noise by adopting noise standards and operating regulations as
necessary. Noise certification regulations are contained in 14 CFR part
36 for jet airplanes, small airplanes, rotorcraft and tiltrotors. Given
recent technological advancement regarding fabrication of small and
powerful electric motors, actuators, and advance control system
technologies, manufacturers have started to apply these technologies in
the design and development of highly individualized and novel aircraft
that are significantly different from the legacy conventional aircraft
categories defined in the current noise certification standards of part
36. Such anticipated new entrant aircraft are expected to offer
capabilities that range from a single-pilot recreational all-electric
VTOL aircraft to piloted, powered-lift, multi passenger air taxis.
Rather than use the existing requirements for small propeller
airplanes, jet transport airplanes, helicopters, or tiltrotors in part
36, such diverse conceptual designs may require noise certification
requirements that are tailored to these new aircraft types. The FAA
will examine each application and determine whether existing part 36
requirements are appropriate as a noise certification basis, as it does
for all noise certification applicants. If the current regulations
cannot be applied appropriately, the FAA may promulgate a rule of
particular applicability to establish a noise certification basis for a
new aircraft design. The dynamic noise sources from these aircraft have
been shown to be complex, and the FAA does not yet have much data on
the aircraft types and noise signatures expected from these new
entrants. Accordingly, until sufficient data are collected, the FAA
would not be able to promulgate standards of general applicability for
these aircraft.
The FAA invites comment on whether any manufacturer anticipates
undergoing noise certification as a turbojet-powered-lift as required
in accordance with part 36. If a turbojet-powered-lift certification
applicant begins the noise certification process, the FAA would propose
to amend the SFAR to include the operating noise limits in subpart I of
part 91 as applicable to turbojet-powered-lift. The FAA also seeks
comment on this approach to the noise certification of turbojet-
powered-lift.
C. Qualification of Powered-Lift Flight Simulation Training Devices
(FSTD)
Part 60 prescribes the rules governing the initial and continuing
qualification of all aircraft Flight Simulation Training Devices
(FSTDs), which includes full flight simulators (FFSs) and flight
training devices (FTDs) \26\ used to meet the training, evaluation, or
flight experience requirements for flightcrew member certification or
qualification. These rules apply to each person using or applying to
use an FSTD to meet any requirement in 14 CFR chapter I, including in
parts 61, 91, 135, 141, and 142.\27\ As specified in Sec. 60.11(b), no
person may use nor allow the use of an FSTD for flightcrew member
training or evaluation, or for obtaining flight experience, unless the
FSTD is qualified under part 60.\28\ In accordance with Sec. 60.15,
the FAA qualifies each FSTD at a specific level if that FSTD meets the
applicable Qualification Performance Standards (QPS).\29\ The QPS are
published in the following appendices to part 60: A for airplane FFSs,
B for airplane FTDs, C for helicopter FFSs, D for helicopter FTDs, E
for the quality management system for all FSTDs, and F for definitions
and abbreviations applicable to part 60. While appendices E and F will
apply to powered-lift FSTDs, the FAA has not yet established the QPS
for powered-lift FSTDs.
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\26\ See 14 CFR 1.1, which defines for FFSs and FTDs.
\27\ 14 CFR 60.1.
\28\ 14 CFR 60.11 specifies additional requirements that must be
met for FSTD use.
\29\ FFSs are qualified as levels A through D; FTDs are
qualified as levels 4 through 7.
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In recent years, rapid technological advancements in powered-lift
have progressed across the industry, particularly with electric
vertical takeoff and landing (eVTOL) aircraft. Many powered-lift are in
various stages of development with many different unique designs and
operating characteristics. Due to the wide variation of powered-lift
and rapid pace of development, the FAA has determined that developing a
new FSTD standard for powered-lift aircraft within the part 60 QPS
framework would be premature, as any new FSTD standard may quickly
become obsolete or inapplicable. As previously discussed, one intention
of the SFAR is to inform the FAA of sufficient operational data of
emerging powered-lift to establish future permanent regulations,
including that information required to develop a powered-lift FSTD QPS.
The FAA recognizes, however, that powered-lift FSTDs are currently
in development and emphasizes the need
[[Page 38955]]
to evaluate powered-lift FSTD fidelity and capability, much like
airplane and helicopter FSTDs are evaluated.\30\ Therefore, to enable
the qualification of FSTDs for use in pilot training for powered-lift
aircraft, the FAA is proposing to add flexibility to part 60 in
proposed Sec. 194.105 to permit qualification of FSTDs of powered-lift
using components of existing standards for airplanes and helicopters in
appendices A through D to part 60, where applicable, as determined by
the FAA, that would provide an equivalent level of safety to existing
QPS components.
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\30\ The FAA has long recognized the safety advantages of flight
training in FSTD. In many cases, flight simulators have proven to
provide more in-depth training than can be accomplished in the
aircraft. In particular, flight simulators allow training for
emergency situations, such as fire, total loss of thrust, and
systems failures that cannot be safely conducted in flight. See 61
FR 34508 (July 2, 1996).
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While many of the existing FSTD qualification standards in the part
60 QPS may be applicable for evaluation of FSTDs representing powered-
lift (e.g., general flight deck configuration requirements), due to the
unique characteristics of the many possible powered-lift designs and
associated pilot training requirements, alternate testing and
evaluation methods may be required to fully validate the
characteristics of those FSTDs to support the required training (e.g.,
transition modes from thrust-borne to wing-borne lift).
In these instances where existing standards are not found to be
sufficient to fully evaluate an FSTD for a special class of aircraft,
other FSTD qualification standards as proposed by the FSTD sponsor may
be accepted by the Administrator as providing an equivalent level of
safety. When establishing the qualification basis, the FAA will publish
the proposed standard in the Federal Register for public notice and
comment, including an explanation of the FAA's safety determination.
The ability to qualify an FSTD for powered-lift in this manner, as well
as the notice and comment process, would closely follow the established
process used to certify special classes of aircraft as described in
Sec. 21.17(b).
While deviation authority currently exists in Sec. 60.15(c)(5) for
the initial qualification of FSTDs using alternate FSTD standards, the
scope of the deviation authority does not extend to the qualification
of FSTDs representing new categories of aircraft such as powered-lift.
The FAA added deviation authority to Sec. 60.15(c)(5), to deviate from
the technical requirements in the part 60 QPS applicable to airplane
and helicopter FFSs and FTDs.\31\ Therefore, deviations issued in
accordance with Sec. 60.15(c)(5) may apply only to FSTD qualification
where standards currently exist in the QPS of part 60 (currently
airplanes or helicopters).
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\31\ 81 FR 18205. Additionally, Sec. 60.15(c)(5)(ii) states
that deviation may only be considered from minimum requirements
tables, objectives testing tables, functions and subjective testing
tables, and other supporting tables and requirements in the part 60
QPS in appendices A through D.
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The FAA recognizes that, there are current FSTD qualification
projects in process with the FAA through deviation authority found in
part 60. Additionally, a small number of sponsors and manufacturers
have applied for and obtained deviation for powered-lift FSTDs. The FAA
notes that, while these persons have been granted deviations, there are
currently no qualified powered-lift FSTDs as an outgrowth of these
deviations because the powered-lift represented by the FSTD are not yet
type-certificated, which is a contingency of deviation. The FAA will
collaborate with these sponsors and manufacturers, as well as those
with qualification projects in process, to accommodate an efficient
transition to this new framework that does not result in a
qualification gap.
Additionally, due to the high level of interest in the advancement
of Advanced Air Mobility (AAM) aircraft, the FAA is aware of several
international working groups, including consensus standards
organizations that are in various stages of developing FSTD standards
for powered-lift. While there are no such consensus standards currently
published for use in FSTD qualification, the FAA anticipates
forthcoming published standards. The FAA notes that these consensus
standards may be considered during the qualification of powered-lift
FSTDs under this part. However, the FAA declines to include them as a
compulsory basis for qualification given the current lack of consensus
standards to evaluate against a permanent QPS for powered-lift.
V. Certification of Powered-Lift Pilots
A. Establish a Type Rating Requirement for Persons Seeking To Act as
PIC of Powered-Lift
Part 61 prescribes the requirements for issuing pilot and flight
instructor certificates and ratings, the conditions under which those
certificates and ratings are necessary, and the privileges and
limitations of those certificates and ratings.\32\ Pursuant to part 61,
the FAA issues six levels of pilot certificates: student, sport,
recreational, private, commercial, and ATP.\33\ The FAA also issues
category, class, and type ratings on the pilot certificate. To act as
PIC of any aircraft, a person must hold the category, class, and type
rating (if class and type rating are applicable) on their pilot
certificate.\34\ To obtain certificates and ratings, an applicant must
meet aeronautical experience requirements and successfully complete a
practical test in an aircraft appropriate to the rating(s) sought.\35\
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\32\ 14 CFR 61.1(a)(1).
\33\ 14 CFR 61.5(a)(1).
\34\ 14 CFR 61.31(d).
\35\ For most pilot certificates, applicants also must receive
training or complete home study on aeronautical knowledge areas and
pass a knowledge test.
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For the purpose of airmen ratings, ``category'' is defined as a
broad classification of aircraft (e.g., airplane, rotorcraft, powered-
lift), and ``class'' is defined as a group of aircraft within a
category that have similar operating characteristics (e.g., single
engine, multiengine, helicopter).\36\ In 1997, the FAA established a
powered-lift category rating in part 61 for the private pilot through
ATP certificates, as well as for the flight instructor certificate in
anticipation of further developments in aviation technology.\37\ At the
time of that rulemaking, the FAA determined that it was not feasible to
establish class ratings within the powered-lift category.\38\ The FAA
considered whether powered-lift should include class ratings and type
ratings but ultimately decided not to create powered-lift classes or
require type ratings for powered-lift beyond the type rating
requirements set forth in Sec. 61.31(a) (i.e., large aircraft or as
specified by the Administrator under aircraft type certificate
procedures).\39\ The FAA concluded that safety needs were met by
establishing a separate aircraft category only, and requiring a type
rating for every make and model of powered-lift might discourage the
development of smaller powered-lift intended for general aviation.\40\
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\36\ 14 CFR 1.1.
\37\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; Final Rule, 62 FR 16220 at 16231 (Apr. 4,
1997).
\38\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995).
\39\ Id.
\40\ Id.
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In light of powered-lift coming to market, the FAA has reconsidered
whether a type rating should be required for each type \41\ of powered-
lift.
[[Page 38956]]
This section discusses the current type rating requirements of Sec.
61.31(a), the challenges with the current regulatory framework in part
61 for powered-lift, and the FAA's proposal to require the PIC of a
powered-lift to hold a type rating on their pilot certificate.
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\41\ The FAA defines type in Sec. 1.1 to mean, in pertinent
part, a specific make and basic model of aircraft, including
modifications thereto that do not change its handling or flight
characteristics and, as used with respect to the certification of
aircraft, means those aircraft which are similar in design.
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Section 61.31(a) prescribes when a person must hold a type rating.
Currently, to act as PIC of a large aircraft \42\ (except lighter-than-
air) or a turbojet-powered airplane, a person must hold a type rating
for the aircraft on their pilot certificate. Additionally, a person
must hold a type rating on their pilot certificate for other aircraft
specified by the Administrator through the aircraft type certificate
procedures.\43\ To obtain a type rating, a person must receive
aircraft-specific training and pass a practical test in the aircraft
for the type rating sought.\44\
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\42\ Section 1.1 defines ``large aircraft'' as ``aircraft of
more than 12,500 pounds, maximum certificated takeoff weight.''
\43\ Aircraft type certification regulations are found in 14 CFR
part 21. As discussed in section V.H.1 of this preamble, FSBs are
established when the responsible FAA Aircraft Certification Office
issues a Type Certificate for large aircraft, turbojet powered
airplanes, and other aircraft specified by the Administrator through
the aircraft certification process. Powered-lift will be evaluated
under the existing FSB process, which will determine the
requirements for a pilot type rating and develop training objectives
for the type rating.
\44\ 14 CFR 61.63(d), 61.157(b).
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Initially, the FAA required type ratings only for large aircraft
when passengers were carried onboard or when the large aircraft was
operated for compensation or hire, and for helicopters that were
operated by ATPs.\45\ However, in 1965, the FAA expanded the aircraft
for which it required a person to hold a type rating to all large
aircraft and small turbojet-powered airplanes.\46\ The FAA explained
that the speed, complexity, and operating characteristics of large
aircraft require the PIC to demonstrate their ability to operate the
large aircraft regardless of the type of activity in which the aircraft
is engaged.\47\ For small, turbojet-powered airplanes, the FAA
explained that the performance, environment, and operating
characteristics of those airplanes are very similar to those of large
turbojet-powered airplanes.\48\ The FAA determined that, because
turbojet-powered airplanes are so refined that improper or inept
handling is likely to be immediately critical, a person must
demonstrate their competency to operate those airplanes by obtaining a
type rating for the particular type of airplane involved.\49\
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\45\ In 1964, 14 CFR 61.15(d) stated that, in addition to
category and class ratings, the name of each type of large aircraft
for which a pilot is rated is placed on the person's certificate if
that type of aircraft is certificated by the Administrator for civil
operations, and, in the case of ATPs, a helicopter type rating is
issued for each type of helicopter. In 1964, 14 CFR 61.159 stated
that for ATP aircraft ratings, the category and class of aircraft
and type, if it is a helicopter or large aircraft, are placed on the
person's certificate.
\46\ Pilot Rating Requirements, Final Rule, 30 FR 11903 (Sep.
17, 1965).
\47\ Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17,
1964).
\48\ Id.
\49\ Id.
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Currently, the FAA's regulatory framework in part 61 allows for the
issuance of a powered-lift category rating on a pilot certificate.
Industry has begun developing new powered-lift varying widely in design
from the relatively simple and uniform models of powered-lift that the
FAA anticipated in the 1990s. The powered-lift coming to the civilian
market have complex and unique design, flight, and handling
characteristics with varying degrees of automation. More specifically,
powered-lift designs vary in unique configurations from tilt-wing,
tilt-propeller, lift plus cruise, and tilt plus cruise aircraft. These
new powered-lift designs are capable of VTOL operations and many are
also capable of takeoff and landings using wing-borne lift. As a
result, the flight deck designs require new flight controls, commonly
referred to as inceptors.\50\ These aircraft have unique flight and
handling qualities that are managed with indirect flight controls,
meaning movement of the inceptor does not directly correlate to the
movement of a specific flight control surface. Because each powered-
lift can have different configurations, unique inceptors, diversified
flight controls, and complicated and distinctive operating
characteristics, the FAA has determined that it is still not feasible
to establish classes within the powered-lift category at this time.
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\50\ For purposes of this preamble, the term ``inceptor'' refers
to a wide variety of non-traditional pilot controls through which
pilot inputs are managed for the purpose of operating the powered-
lift.
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If the FAA were to generalize the training requirements based on
classification of powered-lift, the training requirements would not
sufficiently address the unique characteristics of each powered-lift
that requires specific aircraft training and evaluation to determine
pilot competency in flying the aircraft. To further underscore this
need, similar to large aircraft and turbojet-powered airplanes,
improper or inept handling of certain powered-lift is likely to be
immediately critical. The kinds of operations envisioned for powered-
lift include low altitude, dense urban environments, and congested
airspace where there will be little room for error. Pilot knowledge and
skill in operating powered-lift must be assessed and requiring a type
rating most effectively accomplishes this safety objective.\51\
Finally, to maintain consistency with international standards, ICAO
requires that, in the absence of establishing powered-lift classes, a
PIC of a powered-lift must hold a type rating for the aircraft
flown.\52\
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\51\ The FAA considered proposing an endorsement for each type
of powered-lift but determined that it would be insufficient to
address pilot proficiency for purposes of initial qualification.
Current endorsements as set forth in Sec. 61.31 generally involve
limited training on a specific capability (e.g., high performance
aircraft) and have no independent evaluation of the pilot's
proficiency.
\52\ Annex 1, Section 2.1.3.2.
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Requiring persons to hold type ratings for powered-lift would
establish an appropriate level of safety by ensuring persons receive
adequate training and are tested on the unique design and operating
characteristics of each powered-lift. Specifically, as discussed in
section V.H of this preamble, an FSB is typically formed for aircraft
that require a type rating. The FSB would evaluate each powered-lift on
a case-by-case basis to determine whether the training recommended by
the manufacturer would enable the pilot to safely operate the aircraft
in the NAS. Additionally, the FSB would identify the unique
characteristics of each powered-lift that require special training.
Subsequently, these findings are utilized in conjunction with the
appropriate powered-lift ACS to conduct training and practical tests
for a type rating, ensuring that an applicant is knowledgeable and
capable of safely operating the unique powered-lift type.
Accordingly, the FAA proposes to revise Sec. 61.31(a) by adding a
new paragraph (a)(3), which would require a person who acts as PIC of a
powered-lift to hold a type rating for the aircraft. The FAA also
proposes to redesignate current Sec. 61.31(a)(3), which requires a
type rating for other aircraft specified by the Administrator through
aircraft type certificate procedures, as new Sec. 61.31(a)(4). The FAA
proposes to make a conforming amendment to Sec. 61.5, which sets forth
the various certificates and ratings that may be issued under part 61.
Specifically, Sec. 61.5(b)(7) sets forth the aircraft type ratings
that may be placed on a pilot certificate when the applicant
satisfactorily accomplishes the training and certification requirements
for the rating sought.
[[Page 38957]]
These type ratings include the aircraft currently identified in Sec.
61.31(a) as well as the SIC pilot type rating for aircraft that are
type-certificated for operations with a minimum crew of at least two
pilots. The FAA proposes to add a new paragraph (b)(7)(iii) to reflect
the proposed aircraft type rating for a powered-lift and to redesignate
current Sec. 61.5(b)(7)(iii) as new Sec. 61.5(b)(7)(iv). With respect
to current Sec. 61.5(b)(7)(iv), which allows for the issuance of a SIC
pilot type rating, the FAA has determined that this provision does not
belong under Sec. 61.5(b)(7), which contains aircraft type ratings,
because a pilot type rating subject to ``SIC Privileges Only'' is not
an aircraft type rating.\53\ To more accurately depict the SIC pilot
type rating as a rating that is placed on a pilot certificate, the FAA
proposes to relocate the provision that currently exists in Sec.
61.5(b)(7)(iv) to new Sec. 61.5(b)(9).
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\53\ There is no practical test required for the issuance of the
SIC pilot type rating. 14 CFR 61.55(e)(7). A pilot type rating
subject to ``SIC Privileges Only'' is solely intended to allow
persons who met the SIC requirements found in Sec. 61.55 to operate
in international airspace. Second-in-Command Pilot Type Rating,
Final Rule, 70 FR 45264 (Aug. 4, 2005). See Legal Interpretation to
Mr. Counsil (Apr. 13, 2012).
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In addition to the type-certificated powered-lift that will be
coming to civil operations, the FAA already has issued special
airworthiness certificates for experimental purposes in accordance with
Sec. 21.191 to several powered-lift and anticipates a continuing need
to issue these special airworthiness certificates as more powered-lift
are developed.\54\ Because most of these aircraft do not have
established type ratings, the proposed type rating requirement of Sec.
61.31 would not apply.\55\ In general, experimental aircraft are not
subject to the same airworthiness standards as their counterparts
holding standard airworthiness certificates. For instance, these
aircraft are not required to satisfy many of the regulatory design,
build, maintenance, and inspection requirements mandated for aircraft
holding a standard airworthiness certificate. As a result of these
differing standards, experimental aircraft are subject to certain
operational requirements, including restrictions on the purpose of the
operation,\56\ a general prohibition on operating over densely
populated areas unless otherwise authorized by the Administrator,\57\
and other operating limitations assigned during the aircraft
certification process to further mitigate risks associated with various
hazards that may be introduced in experimental aircraft.
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\54\ The FAA does not anticipate that part 141 pilot schools and
part 142 training centers will have the capacity to provide training
and testing for ratings and authorizations for each and every type
of experimental powered-lift developed. This is particularly true
for operators of experimental amateur-built powered-lift, amateur
kit-built powered-lift, and exhibition powered-lift. Therefore, the
FAA will maintain the current path to certification codified in part
61, which does not require training under an approved training
program, for experimental powered-lift pilots at the private pilot
level and above. See 14 CFR 61.109(e), 61.129(e), 61.163, and
61.187.
\55\ Section 61.31(l)(1) excludes all aircraft not type-
certificated as airplanes, rotorcraft, gliders, lighter-than-air
aircraft, powered-lifts, powered parachutes, or weight-shift-control
aircraft from Sec. 61.31 applicability. This provision is meant to
create an exception for aircraft for which there is no established
category or class rating (e.g., hoverboards, jetpacks). The use of
the term ``type-certificated'' could create confusion since not all
aircraft that meet the regulatory definition of airplane or
rotorcraft will be type certificated. Because this provision could
be read as conflicting with more specific exceptions for
experimental aircraft in Sec. 61.31(l)(2), the FAA is proposing to
clarify the intent of this exception by specifying that the section
does not require a category and class rating for aircraft that are
not identified under Sec. 61.5(b).
\56\ See Sec. 91.319(a)(1), which prohibits a person from
operating an experimental aircraft for other than the purpose for
which the certificate was issued.
\57\ See Sec. 91.319(c), which generally prohibits experimental
aircraft operations over densely populated areas or in congested
airways, unless otherwise authorized by the Administrator.
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In accordance with Sec. 91.319(i), the Administrator may prescribe
additional operating limitations for experimental aircraft where
necessary for safety. The FAA has employed the operating limitations
issued with an experimental airworthiness certificate to require pilots
to hold category and class ratings for all experimental aircraft and
additional authorizations for certain experimental aircraft even when
no passengers are carried on board.\58\ As with experimental airplanes
and experimental rotorcraft, the FAA will apply category ratings and
other authorizations (e.g., the authorization to act as PIC) through
operating limitations for experimental powered-lift, as warranted.
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\58\ The FAA provides guidance to its workforce in FAA Order
8130.2J, Appendix D, Table D-1, Operating Limitations on how to
evaluate and apply operating limitations to experimental aircraft.
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Additionally, the FAA notes its use of certain terms throughout
this preamble and the proposed SFAR pertaining to the operation of
experimental powered-lift. To clearly delineate to whom the FAA is
referring, the FAA proposes to define, in proposed Sec. 194.103(b),
the terms ``manufacturer,'' ``instructor pilot,'' and ``test pilot.''
First, the FAA proposes to define a manufacturer as any person who
holds, or is an applicant for, a type or production certificate for an
aircraft. An amateur builder under Sec. 21.191(g), a builder of a kit
aircraft under Sec. 21.191(h), or the holder of a restricted category
type certificate is not considered a manufacturer for purposes of the
SFAR set forth by proposed part 194.\59\ This definition will draw a
distinction between persons who are amateur aircraft builders and
manufacturers with a safety system program and quality control systems
in place that meet a higher level of safety.
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\59\ The FAA notes that ``person'' is defined in Sec. 1.1 as an
individual, firm, partnership, corporation, company, association,
joint-stock association, or governmental entity, and includes a
trustee, receiver assignee, or similar representative of any of
them. Therefore, a broad range of entities, other than an amateur
builder or builder of a kit aircraft under Sec. 21.191(g) and (h)
or a restricted category type certificate holder, could be
considered manufacturers (e.g., aerospace companies, transportation
corporations) for purposes of proposed part 194.
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The FAA also proposes to define certain pilots employed or used by
a powered-lift manufacturer, including in a contractor or consultant
role. First, the FAA proposes to define an instructor pilot as a pilot
employed or used by a manufacturer of a powered-lift to conduct
operations of the powered-lift for the purpose of developing a proposed
training curriculum \60\ and providing crew training. Although some of
these instructor pilots may hold FAA flight instructor certificates,
their roles and responsibilities for the manufacturer do not involve
flight training for meeting FAA airman regulations. Second, the FAA
proposes to define a test pilot as a pilot employed or used by a
manufacturer of a powered-lift to conduct operations of the powered
lift for the purpose of research and development and showing compliance
with the regulations. Additional discussion on the responsibilities of
test pilots may be found in section V.D.
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\60\ For purposes of this preamble, the term ``proposed training
curriculum'' refers to the curriculum that the manufacturer is
developing. The FAA is describing the training curriculum as
``proposed'' because the curriculum will not be validated at the
time the instructor pilot provides the training to the test pilot.
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B. Applicability of the Type Rating Requirement to Military Pilots
For more than 80 years, the FAA's regulations have allowed military
pilots to apply for FAA pilot certificates based on their military
pilot experience.\61\ Currently, Sec. 61.73(a) permits a military
[[Page 38958]]
pilot or former military pilot \62\ who meets certain requirements to
apply on the basis of their military pilot qualifications for a
commercial pilot certificate with the appropriate category and class
rating, an instrument rating with the appropriate aircraft rating, and
a type rating.\63\ Additionally, Sec. 61.73(g) permits a military or
former military instructor pilot or pilot examiner to apply for, and be
issued, a flight instructor certificate with appropriate aircraft
ratings, provided certain requirements are met.
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\61\ 14 CFR 20.149 (1938), Military competence, stated that an
applicant who has been an active member of certain military branches
may be deemed competent to have met certain requirements to be
issued a pilot certificate, including aeronautical knowledge,
experience, and skill.
\62\ For purposes of this preamble, references to military
pilots are inclusive of former U.S. military pilots.
\63\ While military pilots may receive an FAA certificate
through their military experience, they must continue to follow FAA
regulations to exercise their FAA certificate(s) received through
Sec. 61.73 (e.g., recency of experience requirements in Sec.
61.57).
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Because there are no type-certificated powered-lift to date, there
are no standard category powered-lift available for civilian pilots to
obtain certification through the regular pathway of ground training,
flight training, and successful completion of a knowledge test and
practical test. The U.S. Armed Forces, however, maintains and uses
powered-lift in military operations (e.g., the Bell-Boeing V-22 Osprey,
McDonald-Douglas AV-8 Harrier, F-35B STOVL), where pilots establish
experience operating these powered-lift.\64\ Therefore, as a result of
the military pilot competency provisions set forth in Sec. 61.73, the
only pilots who currently hold commercial pilot certificates with
powered-lift category ratings, instrument-powered-lift ratings, and
flight instructor certificates with powered-lift category and
instrument ratings are military pilots who obtained those certificates
and ratings under Sec. 61.73, based on their military pilot
qualifications.
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\64\ Based on discussions with current and former military
powered-lift pilots, a military powered-lift pilot will generally
have between 1,000-2,500 hours of total powered-lift time, which
includes about 500-1,250 hours of PIC powered-lift time. See
Recognition of Pilot in Command Experience in the Military and Air
Carrier Operations, 87 FR 57578, 57580 (Sep. 21, 2022).
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Due to the absence of any type-certificated powered-lift, military
pilots who have received an FAA powered-lift category rating are
currently limited in their ability to exercise those privileges in
civil operations. At this time, the only powered-lift that have entered
civil operations are those that have been issued experimental
airworthiness certificates.\65\ The FAA anticipates two additional
avenues for powered-lift to enter civil operations: (1) new FAA type-
certificated powered-lift, or (2) surplus military powered-lift,
similar to military airplanes and rotorcraft that enter civil
operations with an experimental or restricted category airworthiness
certificate. There are no surplus military powered-lift that have come
into civil operations through the special airworthiness certification
process, and the FAA does not anticipate surplus military powered-lift
to enter civil operations in the near term. If this were to occur, the
FAA will follow the existing regulations, policies, and procedures to
address surplus military powered-lift as currently used to evaluate
surplus military airplanes and rotorcraft. Specifically, type ratings
are designated for surplus military aircraft with civil certificate
type ratings through the FSB process, which would evaluate each
respective powered-lift, further discussed in section V.H of this
preamble.
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\65\ For those manufacturers currently developing powered-lift,
operating limitations pertaining to pilot qualifications may be
applied to experimental powered-lift. FAA Order 8900.1 Vol. 5, Chap.
9, Sec. 2.
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Under Sec. 61.73(e), an aircraft type rating may be issued to a
military pilot only for a type of aircraft that has a comparable civil
type designation by the Administrator. Because there are currently no
military powered-lift for which comparable civil type ratings have been
designated, military pilots with powered-lift experience are unable to
obtain a powered-lift type rating pursuant to Sec. 61.73. As a result,
military pilots seeking a commercial pilot certificate under Sec.
61.73 are currently limited to the issuance of a powered-lift category
rating and an instrument-powered-lift rating.\66\ While these military
pilots have extensive flight experience in a powered-lift operated by
the U.S. Armed Forces, the FAA finds that this experience alone is
insufficient for military pilots to transition safely to the types of
powered-lift currently working through the FAA type certification
process.\67\ Specifically, military aircraft maintain certain
characteristics that are unique to U.S. Armed Forces missions that will
not be present in civil powered-lift. The technology, operating
characteristics, and flight control implementation may not correspond
to the civil operations anticipated for FAA type-certificated powered-
lift. Further, as previously discussed, there are also significant
differences between each civil powered-lift in performance, complexity,
and operating characteristics. For these reasons, the FAA is not
proposing any exception to the type rating requirement for military
pilots who obtain powered-lift ratings through military competency.
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\66\ Should a civil type-certificated version of a military
powered-lift become available, pilots with the appropriate military
experience, as identified in Sec. 61.73, would be eligible to
receive the type rating in the same manner that airplane and
rotorcraft military pilots currently receive them, pursuant to Sec.
61.73(e).
\67\ The FAA has historically found some differences between
military aircraft/operations and civilian aircraft/operations and
implemented safety measures to address them when necessary. For
example, in 1967, a military branch began using ``pink'' instrument
cards for instrument flight operations in tactical environments.
Because these pilots were not trained in IFR airway operations or in
the use of standard approach procedures, the FAA amended Sec. 61.73
creating a restriction based on the incongruence between the
military practice and an FAA instrument rating. The restriction was
removed when the branch ceased issuing the cards. Final Rule,
Condition for Issuing Instrument Rating Based on Military
Competence, 23 FR 10643 (Jul. 20, 1967) (adding Sec. 61.73(g)(6));
Final Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4, 1997) (removing
Sec. 61.73(g)(6)).
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Military pilots may continue to apply for commercial pilot
certificates with powered-lift category ratings, instrument-powered-
lift ratings, and flight instructor certificates with powered-lift
category and instrument ratings pursuant to the existing requirements
in Sec. 61.73, based on their military pilot qualifications. However,
to act as PIC of a type-certificated powered-lift, these military
pilots would be required to pass a practical test to obtain a type
rating on their pilot certificate for the type of civil powered-lift
they seek to fly. Likewise, those military instructors who have
obtained or will obtain a flight instructor certificate with a powered-
lift category and instrument rating through military competency would
be permitted to conduct flight training in a powered-lift only after
obtaining a type rating on their pilot certificate for the powered-lift
in which they conduct flight training.\68\
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\68\ Under Sec. 61.195(e), a flight instructor may not give
flight training, including instrument training, in an aircraft that
requires the PIC to hold a type rating unless the flight instructor
holds a type rating for that aircraft on their pilot certificate.
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C. Applicability of the SIC Qualification Requirements of Sec. 61.55
to Powered-Lift
Given the diverse characteristics of powered-lift discussed
earlier, the FAA considered whether a person serving as SIC of a
powered-lift should also be required to hold a powered-lift type rating
on their pilot certificate. Upon evaluating the current SIC
qualification requirements of Sec. 61.55, the role of a PIC, and the
reasons for requiring the PIC to hold a type rating, the FAA has
determined that the SIC qualification requirements of Sec. 61.55 are
sufficient, provided the person serving as SIC has passed the practical
test in a powered-lift that is capable of performing all the
[[Page 38959]]
tasks required by the applicable Powered-Lift Category ACS.\69\
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\69\ The FAA is proposing to permanently add new Sec.
61.55(a)(4) to address SIC qualifications when a powered-lift is not
able to perform all tasks on a practical test. This change is
``permanent'' because it would exist in 14 CFR part 61 as opposed to
proposed part 194. To the extent a person would not be tested on a
task specified in that ACS, section V.G of this preamble explains a
proposal to impose additional training and an endorsement to ensure
the person is trained and found proficient on any tasks that were
omitted on the practical test prior to serving as SIC of a different
powered-lift that is capable of performing the task.
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Currently, to serve as SIC of an aircraft type-certificated for
more than one required pilot flight crewmember or in operations
requiring an SIC pilot flight crewmember in part 91 (excluding subpart
K of part 91),\70\ a person must satisfy the SIC qualification
requirements set forth in Sec. 61.55. Section 61.55(a) requires the
person serving as SIC to hold (1) at least a private pilot certificate
with the appropriate category and class rating, (2) an instrument
rating or privilege that applies to the aircraft being flown if the
flight is under IFR,\71\ and (3) at least a pilot type rating (``SIC
Privileges Only'') for the aircraft being flown unless the flight will
be conducted as domestic flight operations within the U.S. airspace.
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\70\ As discussed in this section, certain requirements in Sec.
61.55 do not apply to a person who is designated and qualified as
PIC or SIC under subpart K of part 91 (Fractional Ownership
Operations).
\71\ Section V.G of this preamble discusses the FAA's proposal
to allow a pilot to obtain a powered-lift type rating and category
rating without an instrument rating. In that circumstance, a ``VFR
only'' limitation would be added to the pilot certificate, and the
pilot could serve as SIC in VFR operations only.
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Section 61.55(b) requires the person serving as SIC to complete SIC
familiarization training for the specific type of aircraft for which
SIC privileges are sought within the 12 calendar months preceding the
month of the flight.\72\ The SIC familiarization training consists of
two components. First, the person must become familiar with certain
information for the specific type aircraft including operational
procedures applicable to the powerplant, equipment, and systems;
performance specifications and limitations; normal, abnormal, and
emergency operating procedures; flight manual; and placards and
markings. Second, the person must perform and log pilot time in the
type of aircraft that includes three takeoffs and three landings to a
full stop as the sole manipulator of the flight controls, engine-out
procedures and maneuvering with an engine out while executing the
duties of PIC, and crew resource management training.
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\72\ The familiarization training required in Sec. 61.55(b)
does not apply to a person who is designated and qualified as PIC or
SIC under subpart K of part 91 (Fractional Ownership Operations).
Rather, those pilots may satisfy the training required by that
subpart to serve in fractional ownership operations in lieu of the
familiarization training.
---------------------------------------------------------------------------
This preamble explains why the qualification requirements of Sec.
61.55 would ensure that a pilot is qualified to act as SIC of a
powered-lift under part 91 (excluding operations conducted under
subpart K of part 91), provided the person has passed at least the
private pilot practical test in a powered-lift that is capable of
performing all the tasks required by the applicable ACS.\73\ The
preamble also discusses the SIC pilot type rating that is required for
international operations.
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\73\ As explained in section V.G. of this preamble, certain
powered-lift designs may be precluded from performing a task
required by the applicable Powered-Lift Category ACS. When this
occurs, the proposed rule language in proposed Sec. 194.207 of this
SFAR would enable an examiner to waive the task on the practical
test. Thus, a person may obtain a powered-lift category rating on
their pilot certificate without being required to perform all the
tasks specified in the ACS. This person may then seek to serve as
SIC of a powered-lift type that is capable of performing the task
for which the pilot was never trained or tested. Section V.G of this
preamble discusses this issue in detail and proposes to require
additional training and an endorsement to ensure all persons seeking
to serve as SIC of a powered-lift have all been trained and found
proficient on the tasks required in the applicable Powered-Lift
Category ACS.
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1. SIC Qualification Requirements
The FAA has imposed qualification requirements on persons seeking
to serve as SIC of certain aircraft since 1972.\74\ In fact, the
requirement for an SIC to hold at least a private pilot certificate
with the appropriate ratings and an instrument rating if the flight is
conducted under IFR has remained unchanged since that time.
Additionally, the SIC familiarization training requirements, which were
also adopted in 1972, have been slightly expanded to include additional
information and procedures \75\ but otherwise remain unchanged. The FAA
adopted the SIC qualification requirements in part 61 in recognition of
the tremendous growth of part 91 operations and the introduction of
more sophisticated aircraft to this large segment of aviation.\76\ The
FAA intended for the SIC qualification requirements to ensure that
sufficiently qualified pilots occupy both flight crewmember
positions.\77\
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\74\ Large and Turbine-Powered Multiengine Airplanes, Final
Rule, 37 FR 14759 (Jul. 25, 1972). The SIC requirements were
proposed as 14 CFR 61.47b but adopted in the final rule as 14 CFR
61.46 and were applicable to persons seeking to serve as SIC of a
large or turbojet-powered multiengine airplane type-certificated for
more than one required pilot flight crewmember. In 1973, the FAA
relocated 14 CFR 61.46 to 14 CFR 61.55, as it is currently situated
today.
\75\ See 51 FR 40692 (Nov. 7, 1986) (applying SIC requirements
to all aircraft type-certificated for more than one pilot and adding
``approved flight manual material, placards, and markings'' to the
type specific information with which the pilot must become
familiar); see also 62 FR 16220 (Apr. 4, 1997) (adding ``crew
resource management training'' to time that must be performed and
logged).
\76\ Second-In-Command Qualifications and Pilot-In-Command
Proficiency Checks, NPRM, 36 FR 5247 (Mar. 19, 1971). Second-In-
Command Qualifications and Pilot-In-Command Proficiency Checks,
supplemental notice of proposed rulemaking (SNPRM), 36 FR 11865
(Jun. 16, 1971). In adopting SIC qualification requirements in part
61 for persons serving as SIC in part 91 operations, the FAA also
considered the improved safety record in part 121 operations, which
stemmed from a modern system of pilot training and qualification for
part 121 certificate holders.
\77\ Id.
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The SIC qualification requirements of Sec. 61.55 apply to persons
seeking to serve as SIC of an aircraft type-certificated for more than
one required pilot flight crewmember or in operations requiring a SIC
pilot flight crewmember. As such, this requirement without a regulatory
amendment will apply to SICs of any powered-lift that is type-
certificated for more than one required pilot flight crewmember.
Additionally, the requirements of Sec. 61.55 would apply during
operations that require more than one pilot flightcrew member by
regulation.\78\
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\78\ See Sec. Sec. 91.189, 135.99, 135.101, and 135.111 and
subpart K of part 91.
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Despite proposing to require the PIC to hold a type rating, the FAA
has determined that, with the exception of the unique scenario when a
powered-lift is not capable of performing all required ACS tasks as
discussed in section V.G of this preamble, there is no need to impose
requirements beyond those contained in Sec. 61.55 for persons seeking
to serve as SIC of a powered-lift, which have been deemed sufficient
for other categories of aircraft for over 50 years.\79\ As such, a
person seeking to serve as SIC will hold the appropriate powered-lift
ratings on their pilot certificate and complete familiarization
training in the specific type of powered-lift for which SIC privileges
are sought.
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\79\ Large and Turbine-Powered Multiengine Airplanes, Final
Rule, 37 FR 14759 (Jul. 25, 1972).
---------------------------------------------------------------------------
The requirements of Sec. 61.55(a) ensure that the SIC has obtained
experience in the powered-lift category and successfully passed a
practical test to obtain the powered-lift rating. The FAA recognizes
that this experience may be in a different type of powered-lift than
the powered-lift for which SIC privileges are sought. For a pilot who
has passed the practical test in a powered-lift that is capable of
[[Page 38960]]
performing all the tasks required by the ACS, the FAA finds that the
existing SIC familiarization training would ensure that the person
seeking to act as SIC becomes familiar with and gains sufficient
experience operating the specific type of powered-lift before acting as
SIC of that aircraft.\80\
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\80\ For a pilot who was not required to demonstrate proficiency
of each task required by the applicable Powered-Lift Category ACS,
section V.G of this preamble discusses the proposed training and
endorsement requirements that would apply.
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Pursuant to Sec. 61.55(b)(1), the person seeking to serve as SIC
of a powered-lift would be required to become familiar with information
for the specific type of powered-lift for which SIC privileges are
sought, including the operational procedures applicable to the
powerplant, equipment, and systems; performance specifications and
limitations; normal, abnormal, and emergency operating procedures;
flight manual; and placards and markings. Additionally, pursuant to
Sec. 61.55(b)(2), the person seeking SIC privileges for a powered-lift
would be required to log pilot time in the type of powered-lift \81\
that includes the performance of three takeoffs and landings to a full
stop as the sole manipulator of the flight controls, engine-out
procedures and maneuvering with an engine out while executing the
duties of PIC, and crew resource management training. Therefore, while
the person seeking SIC privileges would hold only a powered-lift
category rating, a person would become familiar with the unique
operating characteristics of the specific type of powered-lift prior to
serving as SIC of the powered-lift. Additionally, the SIC
familiarization training requirements of Sec. 61.55(b) serve as
recency of experience requirements in that they require a person to
accomplish the familiarization training specified in Sec. 61.55(b)(1)
and (2) in the specific type of aircraft within the 12 calendar months
preceding the month of the flight. This requirement would ensure that
the SIC of a powered-lift has recent experience handling the flight
controls of the powered-lift for which the SIC privileges are sought.
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\81\ The FAA notes that Sec. 61.55(b)(2) permits the individual
to perform and log pilot time in a flight simulator that represents
the type of aircraft for which SIC privileges are requested.
---------------------------------------------------------------------------
Further, the FAA considered the role of a PIC versus a SIC in part
91 operations, the FAA has determined that it would be unnecessary to
hold the SIC of a powered-lift to the same training and testing
standards as the PIC of a powered-lift. While a person serving as SIC
of a powered-lift may manipulate the controls of the powered-lift
during an operation, the PIC, who would hold a type rating and would
have demonstrated mastery of the specific type of powered-lift, remains
directly responsible for, and is the final authority as to the
operation of, that powered-lift.\82\ Thus, as with other categories of
aircraft, the PIC would have the ability to take over the flight
controls at any point during the flight.
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\82\ A PIC has final authority and responsibility for the
operation and safety of the flight per the definition of PIC
contained at Sec. 1.1. See also 14 CFR 91.3(a), Responsibility and
authority of the pilot in command.
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For the reasons discussed above, with the exception of the
situation discussed in section V.G of this preamble, the FAA has
determined that the existing SIC qualification requirements of Sec.
61.55(a) and (b) ensure that the person serving as SIC of a powered-
lift in part 91 operations (excluding operations conducted under
subpart K of part 91) is sufficiently qualified to act as SIC.
Accordingly, this proposed rule would not require the SIC of a powered-
lift to hold a type rating for the powered-lift.
As for the initial cadre \83\ of pilots who may serve as SIC of a
powered-lift, Sec. 61.55(a) requires the person seeking SIC privileges
to hold at least a private pilot certificate with appropriate ratings
(i.e., powered-lift category rating) and, if the flight will be
conducted under IFR, to hold an appropriate instrument rating (i.e.,
instrument-powered-lift rating). As previously discussed in section V.B
of this preamble, current or former military pilots of powered-lift may
obtain commercial pilot certificates with powered-lift category ratings
as well as instrument-powered-lift ratings pursuant to Sec. 61.73(a)
and (b) based on their military pilot qualifications. These military
pilots may be qualified to serve as SIC of powered-lift without first
obtaining a type rating for the type of powered-lift, provided they
satisfy the applicable requirements of Sec. 61.55. Additionally,
pilots who obtain a commercial pilot certificate with a powered-lift
category rating, an instrument-powered-lift rating, and a type rating
pursuant to the alternate pathway proposed in the SFAR may be qualified
to serve as SIC of any powered-lift, provided the applicable
requirements of Sec. 61.55 are met for the powered-lift in which they
will serve as SIC.
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\83\ The FAA uses the term ``initial cadre'' throughout this
preamble. In some instances, initial cadre refers to a sufficient
number of instructors and evaluators to train and qualify pilots for
powered-lift ratings under an approved training program under part
135, 141, or 142. In other instances, the term refers to a
sufficient number of pilots who are rated in powered-lift.
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2. SIC Pilot Type Rating
As previously discussed, Sec. 61.55 provides for the issuance of a
SIC pilot type rating, which is required unless the flight will be
conducted as domestic flight operations within the U.S. airspace. The
FAA established the SIC pilot type rating and associated qualifying
procedures in 2005 \84\ to conform the FAA pilot type rating
requirements to the ICAO pilot type rating standards.\85\ The FAA
intended for the SIC pilot type rating requirements in Sec. 61.55 to
allow U.S. flight crews to operate in international airspace.
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\84\ Second-in-Command Pilot Type Rating, Final Rule, 70 FR
45264 (Aug. 4, 2005). This revision did not change the qualification
requirements to serve as SIC; rather, the revision was primarily
intended to conform U.S. SIC qualification requirements under Sec.
61.55 to the ICAO standards under Annex 1 of the Convention on
International Civil Aviation.
\85\ See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1.b, and
2.1.4.1.1.
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The FAA codified two procedures for obtaining the SIC pilot type
rating. Under Sec. 61.55(d), a pilot who satisfactorily completes the
SIC familiarization training requirements of Sec. 61.55(b) may apply
for and receive a pilot rating for SIC privileges in the particular
aircraft type, provided the training was completed within the 12
calendar months before the month of SIC pilot type rating application.
Additionally, under Sec. 61.55(e), a pilot who satisfactorily
completes an approved SIC training program, proficiency check, or
competency check under subpart K of part 91 or under parts 125 or 135
may apply for and receive a pilot type rating for SIC privileges in the
particular aircraft type, provided the training was completed within
the 12 calendar months before the month of SIC pilot type rating
application.
The SIC pilot type rating requirements set forth by Sec. 61.55(d)
and (e) are necessary for U.S. flight crews to operate powered-lift in
international airspace. Therefore, the current SIC pilot type rating
requirements of Sec. 61.55 will apply to persons seeking SIC
privileges in a powered-lift.
D. Supervised Operating Experience Requirements of Sec. 61.64
Section 61.64 addresses the use and limitations of full flight
simulators (FFSs) and FTDs for training or any portion of a practical
test for certificates and ratings, including aircraft type ratings. As
discussed in section IV.C, there are currently no FSTD
[[Page 38961]]
representing powered-lift that have been qualified under part 60. The
FAA anticipates, however, that a powered-lift FSTD could obtain
qualification under proposed Sec. 194.105 within the 10-year period
that the SFAR would be effective. As such, the FAA has evaluated the
requirements in Sec. 61.64 and is proposing changes.
Pursuant to Sec. 61.64(a), an applicant for an aircraft type
rating may use an FFS for training and testing, provided the FFS meets
certain requirements. Section 61.64(a)(1) requires the FFS to represent
the category, class, and type of aircraft for the rating sought.\86\
Section 61.64(a)(2) requires the FFS to be qualified and approved by
the Administrator and used in accordance with an approved course of
training under part 141 or 142, or under part 121 or 135 if the
applicant is a pilot employee of that air carrier operator.
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\86\ The FAA recognizes that ``class'' is not applicable to
powered-lift, as proposed. Section I.H. of this preamble discusses
the FAA's proposal to update various references to category and
class to ensure each reference appropriately accounts for powered-
lift.
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Under Sec. 61.64, an applicant for an aircraft type rating may
accomplish the entire practical test (except for preflight inspection)
in a Level C or higher FFS, the qualification of which is governed by
14 CFR part 60. However, to ensure the applicant has sufficient
experience operating the aircraft prior to serving as PIC of that
aircraft, Sec. 61.64 requires the applicant to satisfy one of the
aeronautical experience requirements set forth in Sec. 61.64(b)(1)
through (5) for turbojet airplanes, (c)(1) through (5) for turbo-
propeller airplanes, (d)(1) through (4) for helicopters, or (e)(1)
through (4) for powered-lift, as appropriate to the type rating sought.
If the applicant meets one of the aeronautical experience requirements
set forth in Sec. 61.64(b), (c), (d), or (e), as appropriate to the
type rating sought, then the applicant receives a type rating without
limitation. If the applicant does not satisfy one of the aeronautical
experience requirements, then the applicant receives a PIC limitation
on the applicant's pilot certificate in accordance with Sec.
61.64(f)(2).\87\ The PIC limitation restricts the applicant from
serving as PIC in the type of aircraft for which the applicant has
obtained a type rating until the limitation is removed from the pilot
certificate by completing the SOE requirements set forth in Sec.
61.64(g). Specifically, the applicant must perform 25 hours of flight
time in an aircraft of the category, class, and type for which the
limitation applies under the direct observation of a qualified PIC who
holds the appropriate ratings, without limitations, for the
aircraft.\88\ The applicant must obtain this SOE while performing the
duties of PIC.\89\
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\87\ Section 61.64(f)(1) provides an alternative to the PIC
limitation specified in Sec. 61.64(f)(2). Under Sec. 61.64(f)(1),
an applicant may obtain a type rating, without limitation, by
completing the following tasks on the practical test in an aircraft
appropriate to category, class, and type for the rating sought:
preflight inspection, normal takeoff, normal instrument landing
system approach, missed approach, and normal landing.
\88\ 14 CFR 61.64(g)(1).
\89\ 14 CFR 61.64(g)(3). Additionally, Sec. 61.64(g)(2)
requires the applicant to log each flight and the PIC who observed
the flight to attest in writing to each flight. To have the
limitation removed, the applicant must present evidence of the SOE
to any examiner or Flight Standards office pursuant to Sec.
61.64(g)(4).
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The FAA has long required SOE for newly rated pilots who used FFS
to accomplish the training and testing required for the new rating. The
SOE requirements in part 61 originated from exemptions that the FAA
issued in the 1990s.\90\ In those exemptions, the FAA permitted
applicants to exclusively use FFS for training and checking, provided
the applicants met certain experience requirements specified in the
conditions and limitations of the exemption. Applicants who met the
experience requirements in an aircraft were entitled to a pilot
certificate without limitation. For applicants who met only half of the
prerequisite experience, the FAA permitted the issuance of a
certificate with a limitation that restricted PIC privileges in the
aircraft until the applicant accomplished 15 hours of SOE in the actual
aircraft. In subsequent exemptions, the FAA extended the use of FFS to
a greater number of pilots by permitting pilots to satisfy 25 hours of
SOE in lieu of meeting the experience requirements in an aircraft.\91\
The FAA stated that the 25 hours of SOE paralleled the initial
operating experience (IOE) requirements of Sec. 121.434.
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\90\ Exemption Nos. 3931E, 5158, 5169, 4652B.
\91\ Exemption Nos. 5232D, 5988.
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In 1992, the FAA issued an NPRM that proposed to increase the use
of FFS and FTDs by persons other than air carrier certificate holders
and reduce the number of exemption petitions seeking to use FFS for
part 61 training.\92\ Specifically, the FAA proposed to permit an
applicant seeking an additional rating to obtain the training for that
rating in an FFS or FTD, provided the training was given in an approved
course conducted by a part 142 certificated training center.\93\ The
FAA explained that it had permitted this practice for years pursuant to
exemptions,\94\ and the training had proven to be effective.\95\
However, at that time, the FAA did not propose to require applicants to
perform any SOE after obtaining the additional aircraft rating in the
FFS or FTD.
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\92\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, NPRM, 57 FR 35888 (Aug. 11,
1992).
\93\ Id., at 35894.
\94\ At the time of the 1992 NPRM, there were 32 exemption
holders that were permitted to use flight simulators to satisfy part
61 training and checking requirements. Id., at 35888.
\95\ Id., at 35894.
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In response to that proposal, the FAA received several comments
pertaining to the importance of actual aircraft flight experience.\96\
The National Transportation Safety Board (NTSB) acknowledged the
limitations to simulation and stated that the proposed regulations must
be sensitive to the safety needs served by retaining some aspects of
actual flight experience. The NTSB explained that experience in
training devices cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides. The NTSB urged the FAA to review the proposed regulations to
ensure that they achieve the intent while still safeguarding basic
pilot and instructor skills provided by the physical operating
environment. Similarly, the Air Line Pilots Association (ALPA)
supported increased use of advanced simulation but cautioned against
relying too heavily on simulator training in a pilot's early years and
experience due to important safety factors. ALPA stated that one factor
is a pilot's familiarity with and management of the air traffic control
(ATC) environment, specifically the operation, decision-making
experience, and interaction with other aircraft.
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\96\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34522
(Jul. 2, 1996).
---------------------------------------------------------------------------
In the subsequent 1996 final rule,\97\ the FAA agreed with the
commenters' analysis of the importance of actual aircraft experience
when an applicant uses flight simulation for a large portion of
required training and testing. The FAA explained that, for years, it
had mechanisms for part 121 air carriers and for operators under parts
91 and 125 to ensure that PICs obtain actual aircraft experience prior
to acting as PIC for aircraft requiring a type rating. The FAA
referenced the requirement in Sec. 121.434 for a potential ATP-
certificated PIC to receive IOE under the supervision of a check pilot.
Additionally, the FAA referenced the terms of the exemptions, which
imposed SOE requirements similar to those required by Sec. 121.434
[[Page 38962]]
on relatively inexperienced pilots who sought to obtain a type rating
entirely by training and testing in an FFS for purposes of operating
under parts 91 and 125. The FAA determined that it was essential to
continue to require newly certificated or rated pilots to accomplish
SOE prior to acting as PIC for the first time in the NAS in an aircraft
that requires a type rating. As a result, the FAA adopted the first SOE
requirements in Sec. 61.64 for persons seeking to use FFS and FTDs to
obtain additional aircraft ratings.\98\
---------------------------------------------------------------------------
\97\ Id.
\98\ When Sec. 61.64 was adopted in 1996, the requirements
therein applied to additional aircraft ratings for other than ATP
certificates and for other than use under parts 121 and 135.
---------------------------------------------------------------------------
Originally, the requirements of Sec. 61.64 applied only to
applicants seeking an airplane type rating. However, in 1997, the FAA
expanded the regulation to permit applicants to use a Level C or higher
FFS to obtain an aircraft type rating in a helicopter or powered-
lift.\99\ As a result, the FAA added regulatory provisions for
helicopter and powered-lift type ratings that largely mirrored the
requirements that existed for airplane type ratings. Subsequently, in
2009, the FAA issued a final rule that established 25 hours as the
standard for SOE.\100\ The FAA explained that 25 hours is an
appropriate amount of time to ensure a pilot's qualifications.
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\99\ In 1997, the FAA consolidated the requirements of Sec.
61.64 into Sec. 61.63, which was revised and reorganized for
clarity. 62 FR 16220, 16254.
\100\ Pilot, Flight Instructor, and Pilot School Certification,
Final Rule, 74 FR 42500, 42522 (Aug. 21, 2009). The 2009 final rule
removed the regulatory provisions that permitted a newly rated pilot
to remove the PIC limitation on their certificate by satisfying
certain experience requirements and accomplishing only 15 hours of
SOE. Additionally, the 2009 final rule added new Sec. 61.64 to
contain all use and limitation requirements for FFS and FTD. Thus,
the requirements that were previously found in Sec. 61.63(e), (f),
and (g) (for other than ATP certification) were relocated to new
Sec. 61.64.
---------------------------------------------------------------------------
As discussed in section V.F of this preamble, an applicant for a
powered-lift type rating would be required to satisfactorily complete
the training and testing for a type rating under an approved training
program at a part 141 pilot school, a part 142 training center, or a
part 135 operator. Upon completing the approved training program, the
applicant may accomplish the practical test in an FFS. The requirements
of Sec. 61.64 would, therefore, be applicable. Upon consideration of
the current requirements in Sec. 61.64 and their applicability to
applicants seeking a powered-lift type rating, the FAA finds it
necessary to: (1) propose an amendment to Sec. 61.64(e) that would
require SOE for all powered-lift type rating applicants who do not have
500 hours of flight time in the powered-lift for which they are seeking
a type rating; and (2) explain the FAA's expectations for the powered-
lift that newly rated pilots would use to perform their SOE. Each of
these items are subsequently discussed in detail.
Currently, under Sec. 61.64(e), an applicant may accomplish the
entire practical test for a powered-lift type rating in a Level C or
higher FFS and obtain the powered-lift type rating without a PIC
limitation on their pilot certificate if the applicant satisfies one of
the experience requirements set forth in Sec. 61.64(e)(1) through (4).
Section 61.64(e) contains the following options to meet the experience
requirement: (1) hold a type rating in a powered-lift without an SOE
limitation; (2) have been appointed by the U.S. Armed Forces as PIC of
a powered-lift; (3) have 500 hours of flight time in the type of
powered-lift for which the rating is sought; or (4) have 1,000 hours of
flight time in two different types of powered-lift. An applicant who
does not satisfy one of these experience requirements must perform 25
hours of SOE in a powered-lift of the type for which the limitation
applies under the direct observation of a qualified PIC prior to
serving as PIC of the powered-lift.
The FAA recognizes the significant advancements in flight
simulation technology that have contributed to the levels of realism
experienced in simulation today. Additionally, the FAA has long
recognized that the use of simulation in flight training provides an
opportunity to train, practice, and demonstrate proficiency in a safe,
controlled environment. For example, this environment enables
comprehensive and in-depth training for the efficient application of
critical emergency procedures. It is important to emphasize, however,
that as powered-lift are coming to the civilian market for the first
time, the only pilots with powered-lift experience are military pilots
and test pilots, and there is a lack of commonality in the operating
characteristics between types of powered-lift. Therefore, while
applicants for a powered-lift type rating may accomplish their training
and testing in FFS under an approved training program,\101\ the FAA has
determined that applicants must have sufficient experience operating
the powered-lift for which a type rating is sought in the actual flight
environment prior to acting as PIC of the aircraft for the first time
in the NAS. To this end, the FAA has evaluated the current provisions
in Sec. 61.64(e) to ascertain whether an applicant who meets one of
these requirements would have sufficient, transferable experience
operating an actual powered-lift such that SOE in the powered-lift for
which a type rating is sought would be unnecessary.
---------------------------------------------------------------------------
\101\ 14 CFR 61.64(a)(2).
---------------------------------------------------------------------------
The experience requirements in Sec. 61.64(e) were adopted in 1997
when the FAA added the powered-lift category to part 61. Therefore,
several of the experience requirements for powered-lift type rating
applicants are category-specific rather than class-specific, as class
ratings do not exist for powered-lift. Upon comparing the experience
requirements for powered-lift type rating applicants in Sec. 61.64(e)
to those experience requirements for airplane and helicopter type
rating applicants in Sec. 61.64(b), (c), and (d), the FAA finds that
the category-specific experience requirements for powered-lift type
ratings in Sec. 61.64(e)(1), (2), and (4) do not achieve the same
objective as the class-specific experience requirements for airplane
and helicopter type ratings in Sec. 61.64(b)(1) through (3); (c)(1)
through (3); and (d)(1), (2), and (4), as subsequently discussed.
Section 61.64(e)(1) allows an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant
already holds a type rating in a powered-lift without a SOE
limitation.\102\ While this resembles the requirements in Sec.
61.64(b)(1), (c)(1), and (d)(1), it does not achieve the same objective
as those requirements. Specifically, Sec. 61.64(e)(1) permits the
applicant to hold a type rating in any powered-lift. This differs from
Sec. 61.64(b)(1), (c)(1), and (d)(1), which are tethered to
commonalities between classes of aircraft (i.e., paragraph (b)(1)
requires the applicant to hold a type rating in a turbojet airplane of
the same class of airplane; paragraph (c)(1) requires the applicant to
hold a type rating in a turbo-propeller airplane of the same class of
airplane; and paragraph (d)(1) requires the applicant to hold a type
rating in a helicopter, which is a class of rotorcraft). Thus, the
experience requirements in Sec. 61.64(b)(1), (c)(1), and (d)(1) ensure
the applicant for an airplane or helicopter type rating holds a type
rating for an aircraft that shares similar operating characteristics as
the aircraft for which an additional type rating is sought. By
contrast, the experience requirement for powered-lift in Sec.
61.64(e)(1) permits an applicant to forgo SOE in the powered-lift for
which the type rating is sought if the applicant
[[Page 38963]]
holds a type rating in the general powered-lift category, which may
include powered-lift that vary significantly in design, handling, and
operating characteristics.
---------------------------------------------------------------------------
\102\ The ``SOE limitation'' in current Sec. 61.64(e)(1) refers
to the PIC limitation specified in Sec. 61.64(f)(2).
---------------------------------------------------------------------------
Section 61.64(e)(2) permits an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant has
been appointed by the U.S. Armed Forces as PIC of a powered-lift. While
this requirement appears to parallel the requirements in Sec.
61.64(b)(3), (c)(3), and (d)(2), it differs from those requirements
because it permits the military pilot to be qualified as PIC of any
type of powered-lift rather than a powered-lift that shares similar
operating characteristics with the powered-lift for which a type rating
is sought (i.e., a class of aircraft as promulgated in paragraphs
(b)(3), (c)(3), and (d)(2)). The FAA recognizes that military pilots
who are qualified to act as PIC of military powered-lift have undergone
rigorous training and have a significant amount of flight time
operating military powered-lift in complex environments. As explained
in section V.B of this preamble, the U.S. Armed Forces have trained
military pilots to operate military-specific powered-lift, such as the
Bell-Boeing V-22 Osprey, McDonald-Douglas AV-8 Harrier, and F-35B
STOVL. These military pilots may qualify for a powered-lift category
rating based on military competency in accordance with Sec.
61.73.\103\ However, as discussed in section V.B of this preamble, the
FAA finds that the experience a military pilot has obtained while
operating powered-lift in the U.S. Armed Forces may not ensure the
pilot has the knowledge and skills necessary to handle the unique
flight qualities of the civil powered-lift for which a type rating is
sought in the civil operating environment.
---------------------------------------------------------------------------
\103\ As explained in section V.B of this preamble, these pilots
would still be required to obtain a powered-lift type rating to
operate a civil powered-lift.
---------------------------------------------------------------------------
Under Sec. 61.64(e)(4), an applicant for a powered-lift type
rating may obtain the type rating without a PIC limitation if the
applicant has 1,000 hours of flight time in two different types of
powered-lift. While this requirement appears to mirror the requirements
for airplane and helicopter type ratings in Sec. 61.64(b)(2), (c)(2),
and (d)(4), it does not achieve the same objective as those
requirements because, again, it is category-specific rather than class-
specific. The 1,000 hours of experience in Sec. 61.64(b)(2), (c)(2),
and (d)(4) must be obtained in the same category and class of aircraft,
whereas the 1,000 hours of experience in Sec. 61.64(e)(4) must be
obtained in the same category of aircraft only (i.e., any powered-
lift). Requiring 1,000 hours in two different types of powered-lift,
which the FAA again emphasizes may drastically differ in operating
characteristics, may not ensure that an applicant for a powered-lift
type rating will have flight time handling the unique flight qualities
of the powered-lift for which a type rating is sought in the actual
operating environment.
In sum, the FAA has determined that broad experience obtained in
the powered-lift category should not relieve an applicant for a
powered-lift type rating from accomplishing SOE to remove a PIC
limitation in the powered-lift for which a type rating is sought.
Consistent with the FAA's determinations in the 1996 final rule
previously discussed, when an applicant uses flight simulation for a
significant portion of the required training and testing, it is
important to ensure that the applicant has experience in the actual
aircraft prior to acting as PIC of that aircraft. The FAA finds that
this is especially important for powered-lift because, as discussed in
section V.A of this preamble, powered-lift vary widely in design. Each
type of powered-lift can have different configurations, unique
inceptors, diversified flight controls, and complicated and distinctive
operating characteristics, which makes it infeasible for the FAA to
establish classes of powered-lift at this time.
To ensure pilots have experience operating the powered-lift in the
actual flight environment prior to serving as PIC of that powered-lift,
the FAA is proposing to remove the category-specific experience
requirements in Sec. 61.64(e)(1), (2), and (4). Instead, where a
powered-lift type rating applicant accomplishes the entire practical
test in an FFS and would otherwise satisfy the current experience
requirements in those paragraphs, the FAA would require a PIC
limitation be placed on their certificate. The pilot would be required
to accomplish SOE in the powered-lift under the observation of a
qualified PIC to remove the limitation. As the NTSB noted in the 1996
final rule, FFS cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides.
The only experience requirement in Sec. 61.64(e) that is not
category-specific is Sec. 61.64(e)(3). Section 61.64(e)(3) permits an
applicant for a powered-lift type rating to receive a type rating
without limitation if the applicant has 500 hours of flight time in the
type of powered-lift for which the rating is sought. This requirement
mirrors the requirements in Sec. 61.64(b)(4), (c)(4), and (d)(3) that
apply to applicants seeking a type rating for a turbojet airplane,
turbo-propeller airplane, and helicopter. The FAA recognizes that there
are currently no type-certificated powered-lift. There are several
manufacturers, however, that are pursuing a type certificate (TC) for
their powered-lift. To obtain a TC for an aircraft, the manufacturer
must apply in accordance with part 21 and show that the aircraft meets
the applicable airworthiness requirements.\104\ As part of the type
certification process, manufacturers of powered-lift must conduct
developmental and certification flight tests. To enable this flight
testing in a non-type-certificated aircraft, the FAA issues an
experimental certificate to the aircraft for certain purposes
delineated in Sec. 21.191, such as research and development and to
show compliance with the FAA's regulations. The FAA also issues
authorizations to the manufacturers' test pilots that allow the test
pilots to act as PIC of the aircraft during experimental aircraft
operations. Therefore, the only pilots who have significant experience
operating the civil powered-lift that are coming to market are the
manufacturers' test pilots. Upon analyzing the requirement in current
Sec. 61.64(e)(3), the FAA has determined that the manufacturer's test
pilots may have at least 500 hours of flight time in the type of
powered-lift for which they seek a rating.
---------------------------------------------------------------------------
\104\ 14 CFR 21.17. Additionally, section IV of this preamble
discusses powered-lift type certification in further detail.
---------------------------------------------------------------------------
The manufacturer's test pilots play a significant role in the
development and certification of an aircraft. They are involved in the
certification plan for the powered-lift from the earliest days and
often have an engineering degree in addition to a pilot certificate.
These test pilots that have engineering degrees are generally involved
in the manufacturer's design and development of the aircraft's systems
and components as well as the flight testing of such. Test pilots
conduct both qualitative and quantitative flight tests of an aircraft
to evaluate the flight controls, avionics, propulsion, mechanical and
electrical systems, and equipment installations. The purpose of an
aircraft flight test is to make determinations about an aircraft's
performance and flying qualities, to ensure all safety features and
redundant systems function as intended, and to operate the aircraft to
its limits and beyond to determine the appropriate operating envelope.
When issues arise during a flight test, the test pilot often works with
the manufacturer
[[Page 38964]]
to resolve such issues. Because test pilots have intricate knowledge of
the aircraft systems, they are able to identify risks and mitigation
techniques to ensure product safety. Test pilots are also immersed in
authoring material for the aircraft flight manual, including systems
descriptions, aircraft limitations, and normal and emergency
procedures. Furthermore, test pilots are responsible for performing
maintenance checks and post maintenance flight tests on an aircraft.
In light of the key role a test pilot plays in the development and
certification of a powered-lift, the FAA finds that a test pilot who
has at least 500 hours of flight time in the powered-lift of the type
for which they seek a rating will have the knowledge and skills
necessary to handle the unique flight qualities of the powered-lift in
the actual aircraft. Furthermore, while the majority of the test
pilot's duties may involve flight testing and certification activities,
these flights are not conducted in a sterile environment. The test
pilots are responsible for conducting the aircraft flight tests while
also taking care of the operational aspects of the flight, including
filing a flight plan, conducting departures and instrument approaches,
communicating with ATC, and interacting with other aircraft. Therefore,
the FAA has determined that these test pilots will have sufficient
experience manipulating the controls of the actual powered-lift in the
operational environment of the NAS such that an SOE limitation is
unnecessary.
For these reasons, the FAA proposes to retain only the requirement
that currently exists in Sec. 61.64(e)(3), which allows applicants for
a powered-lift type rating who use an FFS for the practical test to
receive the type rating without a PIC limitation on their pilot
certificate if they have at least 500 hours of flight time in the type
of powered-lift for which they seek a rating. Powered-lift type rating
applicants who do not use a powered-lift during the practical test and
do not satisfy Sec. 61.64(e)(3) must accomplish SOE in the type of
powered-lift for which they obtain a type rating, pursuant to Sec.
61.64(g). This requirement safeguards the knowledge and skills provided
by physically operating the aircraft in the flight environment. For
example, it would ensure these newly-rated powered-lift pilots obtain
experience handling the flight controls of the powered-lift for which
they obtain a type rating in a non-sterile operating environment where
they must operate the powered-lift while simultaneously making
decisions, communicating with ATC, and interacting with other aircraft.
Before the newly rated powered-lift pilots may perform SOE in
powered-lift, there must first be a cadre of qualified PICs to directly
observe the flight time.\105\ These supervising PICs would be
considered qualified if they hold a commercial pilot certificate with a
powered-lift category rating and a type rating, without limitations.
The lack of qualified FSTD for powered-lift means that most initial
powered-lift ratings would be accomplished in the aircraft in flight.
The proposed alternate pathways to certification in the SFAR would
enable persons to obtain powered-lift ratings without a limitation on
their commercial pilot certificates by training and testing in a
powered-lift. By the time the first groups of pilots seek training and
testing entirely in FFS, there will be sufficient numbers of qualified
pilots who hold type ratings without limitations for the purpose of
observing SOE.
---------------------------------------------------------------------------
\105\ Pursuant to Sec. 61.64(g)(2), the SOE must be under the
direct observation of the PIC who holds a category, class, and type
ratings, without limitations, for the aircraft.
---------------------------------------------------------------------------
The FAA also notes that an applicant may be qualified to be a PIC
without the limitation set forth by Sec. 61.64(f)(2) if, during the
practical test, the applicant completes the tasks pursuant to Sec.
61.64(f)(1) in a powered-lift. Specifically, the applicant must
complete preflight inspection, normal takeoff, normal instrument
landing system approach, missed approach, and normal landing,
appropriate to the powered-lift category and type rating sought.
For the reasons previously explained, the FAA is proposing to amend
Sec. 61.64(e) by removing the category-specific experience
requirements in paragraphs (e)(1), (2), and (4) that enable an
applicant for a powered-lift type rating to obtain a type rating
without limitation. Because three of the four paragraphs in current
paragraph (e) would be removed, the FAA is proposing to consolidate the
leading paragraph of current Sec. 61.64(e) with the experience
requirement that currently exists in paragraph (e)(3). Therefore, the
only applicants for a powered-lift type rating who may forgo SOE after
obtaining the type rating by completing the entire practical test in a
flight simulator and receiving a PIC limitation are those applicants
who have at least 500 hours of flight time in the type of powered-lift
for which the rating is sought. The FAA also proposes to make a
conforming amendment to Sec. 61.64(f) that would remove the cross-
references to the experience requirements currently contained in Sec.
61.64(e)(1) through (4).
If the entire practical test (except for preflight inspection) for
the proposed powered-lift type rating occurs in a flight simulator, the
applicant would receive a type rating with a PIC limitation unless the
applicant has at least 500 hours of flight time in the type of powered-
lift for which the rating is sought. To remove the PIC limitation, the
applicant would be required to perform the SOE required by Sec.
61.64(g). Pursuant to Sec. 61.64(g)(1), an applicant may remove the
PIC limitation from their pilot certificate if the applicant performs
25 hours of flight time in a powered-lift of the type for which the
limitation applies under the direct observation of a PIC who holds the
appropriate ratings without limitations. Section 61.64(g)(3) states
that the applicant must obtain this SOE while performing the duties of
PIC.\106\ Because the applicant has a limitation on their pilot
certificate that prohibits the applicant from serving as PIC in an
aircraft of that type, the applicant is not acting as PIC of the
aircraft during the SOE. As a result, the qualified PIC observing the
SOE is acting as PIC of the operation.
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\106\ The FAA considers a person to be performing the duties of
a PIC when the person performs all the functions of the PIC
including landings and takeoffs, en route flying, low approaches,
and ground functions. See Legal Interpretation to Duncan (Apr. 13,
2012). In the air carrier environment, the FAA generally uses the
term ``pilot flying,'' which it defines as ``[t]he pilot who is
controlling the path of the aircraft at any given time, in flight or
on the ground.'' Advisory Circular 120-71B, Chapter 1, Sec. 1.4.
---------------------------------------------------------------------------
Pursuant to Sec. 91.3(a), the PIC of an aircraft is directly
responsible for, and is the final authority as to, the operation of the
aircraft. Likewise, the definition of PIC in Sec. 1.1 states, in
relevant part, that a PIC ``has final authority and responsibility for
the operation and safety of the flight.'' Therefore, while the
requirements in Sec. 61.64(g) do not expressly state that the aircraft
used for SOE must have a dual set of controls,\107\ it can be inferred
from the regulatory requirements that the supervising PIC must have
access to controls in the aircraft. Without access to a dual set of
controls, the PIC would be unable to act as the person directly
responsible for the operation of the aircraft and safety of the flight.
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\107\ Section 91.109(a) requires an aircraft that is being used
for flight training to have fully functioning dual controls.
However, because the SOE required under Sec. 61.64(g) is not flight
training, Sec. 91.109(a) does not apply.
---------------------------------------------------------------------------
Under the current regulatory framework in part 61, a pilot is
required to hold only a powered-lift category
[[Page 38965]]
rating to operate a powered-lift. As a result, under the current
regulations, a manufacturer may develop a powered-lift with a single
set of controls with the expectation that a pilot could obtain flight
training in a different powered-lift for purposes of meeting the
aeronautical experience requirements and obtaining a powered-lift
category rating under part 61. Upon obtaining the powered-lift category
rating, the pilot would then be qualified to operate a powered-lift
that has only one set of controls.
Because the proposed regulations would require the majority of
newly-rated powered-lift pilots who use an FFS for the practical test
to perform SOE in the powered-lift for which they obtain a type rating,
the proposal would result in a different outcome for manufacturers that
are developing powered-lift with only one set of controls. To enable
the performance of SOE where the applicant is performing the duties of
PIC but the PIC observing the flight is acting as PIC of the operation,
each powered-lift would be required to have a version of the aircraft
that contains fully functioning dual controls. The FAA recognizes that
there are manufacturers who are currently seeking type certification of
powered-lift that have only one pilot seat and a single set of
controls.\108\ To comply with the proposal, the FAA expects these
manufacturers to develop a version of the aircraft to contain fully
functioning dual controls, which is consistent with the FAA's
expectations for flight training in airplanes and helicopters that
require a type rating.
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\108\ The proposed type rating requirement would likewise
present obstacles to powered-lift with single controls. Applicants
for powered-lift type ratings would be required under Sec. Sec.
61.63(d)(2) and 61.157(b) to obtain flight training in the type of
powered-lift for the rating sought. Because the applicant would not
be rated to act as PIC of the aircraft, the person providing the
flight training must act as PIC. Under Sec. 91.109, the aircraft
would be required to have a dual set of controls, and the flight
instructor as PIC must have access to controls in the aircraft to
perform their duties under Sec. 91.3.
---------------------------------------------------------------------------
To the extent powered-lift manufacturers may experience additional
compliance costs as a result of this proposal, the FAA notes that it
has considered whether there are alternate ways to perform the SOE with
only one set of controls in the aircraft. Currently, there is a
movement towards Simplified Vehicle Operations (SVO), which is ``the
use of automation coupled with human factors best practices to reduce
the quantity of trained skills and knowledge that the pilot or operator
of an aircraft must acquire to operate the system at the required level
of operational safety.'' \109\ Some manufacturers are in the process of
demonstrating advanced automation technology as part of this movement;
however, nothing has been certified yet. As a result, the FAA lacks
operational data to analyze whether such technology would safely enable
SOE in an aircraft without dual functioning controls. The FAA expects
to obtain sufficient data over the duration of the SFAR that could
inform a potential rulemaking on this subject.
---------------------------------------------------------------------------
\109\ GAMA, A Rationale Construct for Simplified Vehicle
Operations (SVO), (May 20, 2019).
---------------------------------------------------------------------------
The requirement for a dual set of controls for flight training in
all aircraft originated in 1938.\110\ It is a foundational safety
regulation applicable to airplanes, helicopters, and powered-lift alike
that prevents an inexperienced person from being solely responsible for
the manipulation of the flight controls. The same safety rationale for
requiring a dual set of controls during flight training applies equally
to the SOE scenario for aircraft because the pilot seeking to
accomplish SOE holds a limitation that prevents them from acting as PIC
until they can demonstrate the ability to perform the duties of PIC in
the operational environment under supervision of a fully-rated PIC.
While there may be technological advancements in the future that enable
the performance of SOE without a dual set of controls (e.g., virtual
SOE), the FAA has determined that it would be premature to codify
alternate ways to accomplish SOE in the regulations at this time
without a more robust understanding of the safety implications.
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\110\ 14 CFR 20.655 (1938). ``Dual controls. No flying
instruction shall be given in any aircraft, for or without hire,
unless such aircraft is equipped with fully functioning dual
controls and a certificated instructor is in full charge of one set
of said controls. Such dual controls shall be fully functioning as
set forth in Sec. 20.53, except in aircraft manufactured prior to
January 1, 1939.''
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E. Establish an Alternate Pathway for Pilot Certification
The introduction of powered-lift as an entirely new category of
civil aircraft creates unique challenges for the training and
certification of airman. Typically, a person interested in becoming a
professional pilot \111\ follows an incremental path that builds
piloting skills through an iterative series of training with a flight
instructor, accumulation of other flight experience, and successful
completion of a practical test with a designated examiner. A person
generally begins as a student pilot under strict limitations (Sec.
61.89), obtains a private pilot certificate with limited privileges
(Sec. 61.113), builds flight time as a private pilot, trains and tests
for a commercial pilot certificate with expanded privileges (Sec.
61.133), and finally builds flight time as a commercial pilot toward
the hours needed for the ATP certificate, which is necessary to serve
as a PIC or SIC in part 121 operations as well as to serve as a PIC in
certain part 135 operations.\112\
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\111\ Because the powered-lift that are currently working
through the aircraft certification process are largely intended for
commercial use, this discussion focuses on the training and
certification necessary for those types of operations. The FAA
understands that many pilots engage in aviation solely for
recreational purposes and may not follow this path to higher
certification.
\112\ See 14 CFR 135.4(a)(2)(ii)(A), 135.243(a)(1) and (2).
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Under this building block approach, a pilot must meet minimum
aeronautical experience requirements at each certificate level that
include total time requirements (e.g., 250 total hours to be eligible
for a commercial pilot certificate) and subsets of flight time like
pilot-in-command time, night time, and cross-country time. In many
instances, a portion of this time must be accomplished in the aircraft
for the category rating sought. For instance, to apply for a commercial
pilot certificate in the airplane category, a person must have 250
hours of flight time as a pilot of which 50 hours must be in airplanes,
50 hours must be pilot-in-command time in airplanes, and 10 hours must
be pilot-in-command time in cross-country flight in airplanes.
The predominant categories of aircraft (i.e., airplane and
rotorcraft) that operate in the NAS today have been in existence for
over 80 years. There are currently over 470,000 certificated pilots
(other than student pilots) including over 100,000 commercial pilots
and 163,000 ATPs. Most importantly, there are over 121,000 certificated
flight instructors.\113\ These flight instructors form the backbone of
the civil airman certification framework. As noted, the only powered-
lift pilots and flight instructors with FAA certification have obtained
those ratings through the recognition of military competency in Sec.
61.73. Currently, the FAA has certificated 759 powered-lift pilots and
365 powered-lift flight instructors through this process.\114\ While
these powered-lift pilots and flight instructors form an initial cadre
that can serve as pilots in powered-lift operations or provide training
to persons seeking powered-lift ratings, it is likely
[[Page 38966]]
insufficient to meet the upcoming demands.
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\113\ https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics.
\114\ According to the FAA's Airman Certification Branch, these
numbers represent the powered-lift airmen certificate holders as of
Sep. 21, 2022.
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To add to the challenges, the FAA does not anticipate that the
initial powered-lift that obtain type certification will be broadly
available for basic airman training and certification at the private
pilot level. Rather, manufacturers intend to produce powered-lift for
commercial purposes, meaning the initial pilots will be required to
hold at least commercial pilot certificates to act as required
flightcrew members (i.e., PIC or SIC) for compensation or hire. This
situation disrupts the building block approach to flight training and
certification that has worked for other categories of aircraft. As
there are no civil powered-lift, a person would have difficulty
obtaining flight training due to the low numbers of qualified flight
instructors and would not have the necessary flight time in a powered-
lift to be eligible for a commercial pilot certificate.\115\
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\115\ The biggest obstacle to obtaining a new category rating at
the commercial pilot certificate level is the required PIC time in
the category because the only way to log PIC time when a person is
not yet rated in the aircraft is as the sole occupant. All other
logging requirements for PIC time require the pilot to be rated in
the aircraft. When a person obtains a rating at the private pilot
level, there is no requirement for PIC time, but a student pilot
must accomplish 10 hours of solo flight time, which qualifies as PIC
time. At the commercial pilot level, for someone not yet rated in
the category of aircraft (i.e., someone adding a new category
rating), most of the 50 hours of PIC time required in category must
be accomplished as solo flight time. See 14 CFR 61.51(e).
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Manufacturers and operators interested in using powered-lift in
commercial operations have reached out to the FAA to express concern
that the existing aeronautical experience requirements for powered-lift
present an insurmountable obstacle to enabling powered-lift operations.
The FAA understands the concerns but must find ways to enable
operations in powered-lift without adversely affecting safety. The
following sections lay out a proposed pathway for pilots to obtain
powered-lift ratings through alternate aeronautical experience
requirements and expanded logging provisions. The FAA notes that if no
alternate aeronautical experience or logging provision is provided
under proposed part 194, the person must meet the applicable part 61
requirements, as appropriate.\116\
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\116\ See proposed Sec. 194.215(b).
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1. Applicability of Alternate Requirements
Except for the alternate requirements for cross-country discussed
later in this section, the FAA proposes to limit the alternate
aeronautical experience and logging requirements for obtaining a
powered-lift category rating and instrument-powered-lift rating to
those persons who already hold at least a commercial pilot certificate
with at least an airplane category and single- or multiengine class
rating or a rotorcraft category and helicopter class rating.\117\ The
person would also be required to hold an instrument-airplane or
instrument-helicopter rating that corresponds to a category rating held
at the commercial pilot certificate level. These prerequisites would be
set forth in proposed Sec. 194.215(a).
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\117\ As discussed in this section of this preamble, the FAA is
proposing in Sec. 194.237 to provide limited relief from the
current cross-country time requirements to private pilots.
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To obtain a commercial pilot certificate with either airplane class
ratings or a helicopter rating, a person must satisfy the aeronautical
experience requirements in Sec. 61.129(a), (b), or (c), as appropriate
to the ratings sought, pass a knowledge test on the aeronautical
knowledge areas specified in Sec. 61.125, and pass a practical test on
the areas of operation listed in Sec. 61.127. To pass a practical test
for a commercial pilot certificate with appropriate ratings, the
applicant must demonstrate mastery of the aircraft by successfully
performing each task specified in the areas of operation for the
practical test. The applicant is also required to demonstrate
proficiency and competency within the approved standards set forth for
the commercial pilot certificate level, which are more stringent than
the standards set forth for private pilots.\118\
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\118\ 14 CFR 61.43.
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Similarly, to obtain an instrument-airplane or -helicopter rating,
the person must satisfy the instrument rating requirements of Sec.
61.65 (as appropriate to the rating sought), which prescribes that the
applicant must: obtain certain aeronautical experience, including a
significant amount of instrument training; pass a knowledge test on the
aeronautical knowledge areas that apply to the instrument rating
sought; and pass a practical test on the areas of operation specified
in Sec. 61.65(c).
Based on these requirements, a person who already holds a
commercial pilot certificate for airplanes or helicopters will have
significant flight time \119\ and valuable experience operating in the
NAS, communicating with ATC, interacting with other air traffic, and
acting as PIC of an airplane or helicopter. The proposed applicability
requirements would ensure that the pilots taking advantage of the
alternate requirements set forth in the SFAR have significant
experience in either an airplane or helicopter and have demonstrated
proficiency and competency in either an airplane or helicopter at the
commercial pilot level. Furthermore, by requiring these persons to hold
an instrument-airplane or -helicopter rating, persons seeking to meet
the alternate requirements for a powered-lift category rating would
have experience operating an airplane or helicopter under IFR and have
demonstrated proficiency on the instrument rating practical test. These
prerequisites for the alternate pathway would ensure that the initial
cadre of powered-lift pilots have a solid foundational skill set and
extensive experience prior to adding powered-lift ratings to their
commercial pilot certificate.
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\119\ To obtain a commercial pilot certificate with an airplane
category and single- or multiengine airplane rating, an applicant
must log at least 250 hours of total flight time as a pilot that
consists of certain flight time and training requirements. See Sec.
61.129(a) and (b). Similarly, to obtain a commercial pilot
certificate with a rotorcraft category and helicopter class rating,
an applicant must log at least 150 hours of flight time as a pilot
that consists of certain flight time and training requirements. See
Sec. 61.129(c).
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2. Obtaining a Powered-lift Category Rating on the Commercial Pilot
Certificate (Sec. 61.129(e))
To obtain a commercial pilot certificate with a powered-lift
category rating, a person must satisfy the eligibility requirements for
a commercial pilot certificate, which are contained in Sec. 61.123.
Section 61.123(f) requires a person to meet the aeronautical experience
requirements of Sec. 61.129 that apply to the aircraft category rating
sought before applying for the practical test. The aeronautical
experience requirements for a person seeking to obtain a commercial
pilot certificate with a powered-lift category rating or seeking to add
a powered-lift category rating to a commercial pilot certificate are
contained in Sec. 61.129(e).\120\
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\120\ Section 61.63(b)(1) states that a person who applies to
add a category rating to a pilot certificate, ``[m]ust complete the
training and have the applicable aeronautical experience.''
Accordingly, a person seeking to add a powered-lift category rating
to a commercial pilot certificate must meet the aeronautical
experience requirements of Sec. 61.129(e). See Legal Interpretation
to McClellan (2015) (explaining that there is no shortcut available
when adding a category rating to an existing certificate).
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Section 61.129(e) requires a person who applies for a commercial
pilot certificate with a powered-lift category rating to log at least
250 hours of total flight time as a pilot which must contain at least
the subsets of aeronautical experience specified in Sec. 61.129(e)(1)
through (4). Section 61.129(e)(1) through (4) require specific flight
time,
[[Page 38967]]
such as flight time in powered aircraft, flight time in powered-lift,
PIC flight time (including a certain amount of PIC time in a powered-
lift), cross-country time, flight training time, and solo flight time
(or flight time performing the duties of PIC in a powered-lift with an
authorized instructor onboard). The FAA established these aeronautical
experience requirements for a powered-lift category rating in the 1997
final rule, when the FAA established the powered-lift category in part
61.\121\
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\121\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
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At the time the FAA introduced aeronautical experience requirements
for the powered-lift category, larger powered-lift were in production.
Based on these powered-lift, the FAA decided to codify aeronautical
experience requirements for powered-lift that mirrored the aeronautical
experience requirements for airplanes. The preamble supporting the 1997
final rule was silent as to why the aeronautical experience
requirements for airplanes were more appropriate for powered-lift
compared to the aeronautical experience requirements for other
categories of aircraft. Since the FAA added the powered-lift category
to part 61, several powered-lift are in the type-certification process.
The powered-lift currently coming to the civilian market do not align
with the aircraft that the FAA anticipated at the time it codified the
aeronautical experience requirements for the powered-lift
category.\122\ Additionally, powered-lift did not flood the civilian
market as the FAA anticipated.
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\122\ Powered-lift coming to market today are much different in
size, capabilities, range, performance, and propulsion than what was
present in 1997. The larger transport category size aircraft at that
time differ greatly from powered-lift coming to market today, many
of which have electric propulsion concepts, simplified flight
controls, and other operational considerations that were not present
when the FAA first codified powered-lift in the rule.
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Currently, civilian pilots are unable to satisfy many of the
aeronautical experience requirements in Sec. 61.129(e) because there
are no certificated powered-lift in civil operations in which they can
build the necessary flight time. Even when powered-lift category
aircraft are introduced to civil aviation, pilots will be unable to
satisfy several of the aeronautical experience requirements for a
commercial pilot certificate and an instrument rating, such as PIC
flight time in powered-lift and cross-country experience in powered-
lift. As subsequently discussed in more detail, the logging
requirements of Sec. 61.51(e) currently present obstacles for a pilot
who is not rated in a powered-lift to log PIC flight time in a powered-
lift. Additionally, several powered-lift coming to market are not
capable of completing the long-range distances that are currently
prescribed for cross-country flights in Sec. 61.129(e)(3) and (4).
The FAA recognizes the need to enable a pathway for a person to
obtain a powered-lift category on their commercial pilot certificate.
However, because powered-lift are just beginning to enter the market,
the FAA lacks the operational data necessary to properly inform a
rulemaking that would permanently amend the aeronautical experience
requirements in Sec. 61.129(e). The FAA is therefore proposing in part
194 to enable certain applicants for a powered-lift category rating on
their commercial pilot certificate to satisfy alternate aeronautical
experience and logging requirements. Additionally, the proposed rule
would permit the applicant to credit additional time obtained in an FFS
towards certain flight time requirements.\123\
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\123\ The FAA notes that part 60 does not currently contain
qualification standards for powered-lift FSTDs (i.e., FFSs and
FTDs); however, the FAA intends to qualify powered-lift FSTDs in
accordance with proposed Sec. 194.105, as discussed in section IV.C
of this preamble.
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This section of the preamble discusses the alternate experience and
logging requirements, as applicable, to obtain a powered-lift category
rating on a commercial pilot certificate, for (1) test pilots and
instructor pilots, (2) the initial cadre of instructors, (3) pilots
receiving training under an approved training program, including
provisions that would enable certain applicants to credit time obtained
in an FFS toward certain flight time requirements. Alternate
requirements for cross-country flights are discussed subsequently in
this section because they are generally applicable to all applicants
for a commercial pilot certificate with a powered-lift category rating.
Section E.5.i of this preamble contains tables summarizing the proposed
alternate requirements for persons seeking a powered-lift category
rating on a commercial pilot certificate.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for a Powered-lift Category Rating
Currently, several manufacturers are pursuing a type certificate
for powered-lift, which requires developmental and certification flight
tests to establish that the aircraft meets the applicable certification
standards.\124\ To enable this flight testing in a non-type-
certificated aircraft, the FAA issues an experimental certificate to
the aircraft for certain purposes, such as for research and development
and showing compliance with the FAA's regulations, as discussed in
section V.A of this preamble. Powered-lift manufacturers also have
instructor pilots who are tasked with developing and validating the
training for experimental powered-lift. To enable these training
flights, the FAA issues experimental certificates for the purpose of
crew training. At this time, the manufacturers' test pilots and
instructor pilots are the only pilots who have significant experience
operating the civil powered-lift that are coming to market.
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\124\ See 14 CFR 21.35.
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As discussed in section V.D of this preamble, the manufacturers'
test pilots play a significant role in the development and
certification of an aircraft. For example, they are involved in the
certification plan for the powered-lift; the manufacturer's design,
development, and flight testing of the aircraft's systems and
components; and conducting both qualitative and quantitative flight
tests for aircraft evaluations. As a result, test pilots have intricate
knowledge of the aircraft systems, which enables the test pilot to
identify risks and mitigation techniques to ensure product safety. Test
pilots are also responsible for authoring certain material for the
aircraft flight manual and for performing maintenance checks and post-
maintenance flight checks. Furthermore, instructor pilots are
responsible for developing the manufacturer's training curriculum,
which includes the development of training requirements for the
aircraft. These duties of a test pilot and instructor pilot establish
significant experience in a particular powered-lift and intricate
knowledge of the aircraft's systems and components, thereby exceeding
the duties of a pilot operating in a normal flight environment. The FAA
has determined that it would be beneficial to leverage the experience
these pilots have in powered-lift to create an initial cadre of
powered-lift pilots.
Accordingly, the FAA is proposing alternate aeronautical experience
and logging requirements that would remove certain obstacles that
currently preclude a test pilot or instructor pilot from obtaining a
powered-lift rating pursuant to Sec. 61.129(e). Each of the proposed
alternate requirements are discussed below.
[[Page 38968]]
a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e)(3))
Currently, Sec. 61.129(e)(3) requires an applicant for a powered-
lift category rating to log at least 20 hours of training from an
authorized instructor \125\ on the areas of operation listed in Sec.
61.127(b)(5), which include the following: preflight preparation;
preflight procedures; airport and heliport \126\ operations; hovering
maneuvers; takeoffs, landings, and go-arounds; performance maneuvers;
navigation; slow flight and stalls; emergency operations; high-altitude
operations; special operations; and post flight procedures.
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\125\ Section 61.1 defines ``authorized instructor'' as: a
person who holds a ground instructor certificate issued under part
61 of this chapter and is in compliance with Sec. 61.217, when
conducting ground training in accordance with the privileges and
limitations of their ground instructor certificate; a person who
holds a flight instructor certificate issued under part 61 and is in
compliance with Sec. 61.197, when conducting ground training or
flight training in accordance with the privileges and limitations of
their flight instructor certificate; or a person authorized by the
Administrator to provide ground training or flight training under
part 61, 121, 135, or 142 when conducting ground training or flight
training in accordance with that authority.
\126\ As discussed in section V.I of this preamble, the FAA
proposes in this SFAR to extend the definition of heliport in 14 CFR
1.1 as applicable to powered-lift, thereby facilitating the use of
heliports as a means for powered-lift take-off and landing.
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While the flight experience of a test pilot for a powered-lift
manufacturer far exceeds that of a civilian pilot conducting operations
in a normal flight environment, the test pilot does not receive flight
training in accordance with part 61 as part of their duties performing
flight tests required for aircraft certification.\127\ Therefore, a
test pilot will not obtain the 20 hours of flight training from an
authorized instructor that is a prerequisite for applying for a
powered-lift rating. However, the manufacturer will have instructor
pilots who develop a proposed training curriculum for its experimental
powered-lift during the aircraft certification process. These
instructor pilots deliver the proposed training curriculum to a pool of
pilots as part of its validation process with the FAA's Aircraft
Evaluation Division.\128\
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\127\ The FAA reemphasizes that, for airplanes and helicopters,
a test pilot for a manufacturer will hold the necessary certificates
and ratings before becoming a test pilot by completing flight
training and building flight time through the usual building block
approach for certification. The introduction of powered-lift into
civil operations creates a unique situation because so few
individuals (i.e., military pilots and former military pilots) hold
the required ratings.
\128\ The manufacturer provides a minimum training program to
get initial qualification and issuance of the associated pilot type
rating. The FSB evaluates and validates the applicant's training
proposal using a standard process that includes multiple `test
subjects' not previously aware of or trained on the new aircraft.
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In proposed Sec. Sec. 194.217 and 194.219, the FAA proposes
alternate means for test pilots and instructor pilots, respectively, to
meet the requirement of 20 hours of training on the areas of operation
listed in Sec. 61.127(b)(5) in an experimental powered-lift at the
manufacturer. Specifically, the FAA proposes to permit test pilots to
satisfactorily complete the manufacturer's proposed training curriculum
in the experimental powered-lift with an instructor pilot for the
manufacturer rather than with an authorized instructor. As proposed in
Sec. 194.217(b)(1), the curriculum would be required to include the 20
hours of training on the areas of operation set forth in Sec.
61.127(b)(5), as required by Sec. 61.129(e)(3). The training would
meet the part 61 requirements in all other respects (except as
discussed later in this section with regard to cross-country time
requirements). To verify this training, proposed Sec.
194.217(b)(1)(ii) would require the test pilot to receive a logbook or
training record endorsement from the instructor pilot certifying that
the test pilot satisfactorily completed the training curriculum.\129\
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\129\ While a test pilot would be required to receive an
endorsement from an instructor pilot verifying that the test pilot
satisfactorily completed the manufacturer's proposed training
curriculum, the test pilot would also be required to receive the
endorsement in Sec. 61.123(e). Proposed 194.213(a) would permit
instructor pilots to provide the required logbook or training record
endorsements under part 61 for a commercial pilot certificate with a
powered-lift category rating. Therefore, the endorsement required
under Sec. 61.123(e) may be provided by an instructor pilot in lieu
of an authorized instructor.
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Because the instructor pilots are most familiar with the training
curriculum and its development, the FAA finds it is appropriate to
allow them to conduct the training required by Sec. 61.129(e) even if
they are not authorized instructors as defined in Sec. 1.1. The
proposed requirement to allow for the completion of the manufacturer's
proposed training curriculum with an instructor pilot would apply to
the test pilots as they have a solid foundational knowledge of powered-
lift prior to receiving any training from an instructor pilot, and the
instructor pilot was responsible for developing the training
curriculum. The quality of flight training provided by the instructor
pilot combined with the test pilot's previous experience operating the
powered-lift for type certification purposes would ensure that there is
no adverse impact to safety.
Furthermore, in light of the quality of flight training provided by
the instructor pilot who is intimately familiar with the powered-lift
and has developed the training for the manufacturer, the FAA is
proposing an alternate requirement in Sec. 194.219(b)(1) that would
allow the instructor pilot who provides the proposed training
curriculum to the test pilot to credit the time providing the training
towards Sec. 61.129(e)(3) for purposes of the instructor pilot
obtaining a commercial pilot certificate with a powered-lift category
rating. To verify to the examiner who will conduct the practical test
that the instructor pilot satisfied this alternate experience
requirement, the FAA is proposing in Sec. 194.219(b)(1)(ii) to require
the instructor pilot to receive an endorsement from a management
official within the manufacturer's organization certifying that the
instructor pilot has provided the manufacturer's proposed training
curriculum to a test pilot on the areas of operation listed in Sec.
61.127(b)(5). This section subsequently discusses the reasons
underlying this proposal, including those regarding prohibition against
self-endorsements.
Section 61.129(e)(3)(iv) currently requires that, within the 20
hours of training for a powered-lift category rating, an applicant must
log at least 3 hours in a powered-lift with an authorized instructor in
preparation for the practical test within the preceding two calendar
months from the month of the test. To enable the test pilot (or
instructor pilot) to take the practical test after satisfactorily
completing (or providing) the manufacturer's proposed training
curriculum, the FAA proposes in Sec. Sec. 194.217(b)(2) and
194.219(b)(2) to permit the preparation for a practical test to be
completed with an instructor pilot rather than an authorized
instructor, as required by part 61. Because the instructor pilot would
deliver the training, the FAA finds that it would be appropriate to
permit the instructor pilot to also ensure that test pilot is prepared
for the practical test.\130\ Additionally, to enable the examiner to
verify that the applicant received the preparation for the practical
test, the applicant would be required to receive a logbook endorsement
under Sec. 61.123(e)(2). As subsequently discussed in this section,
the FAA proposes in Sec. 194.213 to allow the
[[Page 38969]]
applicant to obtain the part 61 logbook or training record endorsement
from an instructor pilot certifying that the applicant is prepared for
the practical test rather than from an authorized instructor. For the
same reasons discussed above, the FAA finds that permitting this flight
to take place with an instructor pilot rather than an authorized
instructor would not adversely affect safety.
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\130\ The FAA notes that, while the instructor pilot is
providing training to the test pilot rather than receiving training,
the instructor pilot would still be required to receive 3 hours of
training time in preparation for the commercial pilot practical
test. The instructor pilot would receive this training time from
another instructor pilot at the manufacturer.
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b. Aeronautical Experience Requirements Involving Time Performing the
Duties of PIC in Experimental Powered-Lift (Sec. 61.129(e)(4))
Section 61.129(e)(4) currently requires an applicant for a powered-
lift category rating to obtain either 10 hours of solo flight time in a
powered-lift under an endorsement from an authorized instructor \131\
or 10 hours of flight time performing the duties of PIC in a powered-
lift with an authorized instructor onboard. Either of these flight
times may be credited towards the flight time requirement in Sec.
61.129(e)(2), which requires 100 hours of PIC flight time.\132\
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\131\ Under Sec. 61.31(d)(2), to obtain solo flight time, a
person must have received training and an endorsement from an
authorized instructor.
\132\ Of the 100 hours of PIC time required by Sec.
61.129(e)(2), 50 hours must be accomplished in a powered-lift and 50
hours must be accomplished in cross-country flight. Ten hours of the
cross-country flight time must be in a powered-lift. 14 CFR
61.129(e)(2)(i), (ii).
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To preserve the option of obtaining solo flight time, the FAA is
proposing in Sec. Sec. 194.217(b)(3) and 194.219(b)(3) to allow test
pilots and instructor pilots to obtain the solo endorsement from an
instructor pilot in lieu of an authorized instructor. The FAA is also
proposing to allow test pilots and instructor pilots to complete the 10
hours of flight time performing the duties of PIC in an experimental
powered-lift without an authorized instructor onboard. Instead of the
authorized instructor, Sec. Sec. 194.217(b)(3) and 194.219(b)(3) would
require an additional test pilot or instructor pilot to be onboard. The
FAA finds that this proposal would not adversely affect safety because
both the test pilot and the instructor pilot are authorized by the FAA
to act as PIC of the experimental aircraft. Additionally, the test
pilot has significant experience acting as PIC of the powered-lift in
operations conducted for the purpose of research and development and
showing compliance with the regulations. Similarly, the instructor
pilot has experience acting as PIC of the powered-lift in operations
conducted for the purpose of crew training.
c. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.129(e)(2))
Not all manufacturer test pilots or instructor pilots will hold a
powered-lift category rating. The aeronautical experience requirement
in Sec. 61.129(e)(2)(i) requires an applicant for a powered-lift
rating at the commercial pilot certificate level to obtain 50 hours of
PIC flight time in powered-lift. Under Sec. 61.51(e)(1), as relevant,
a pilot may log PIC time when the pilot is the sole manipulator of the
controls of an aircraft for which the pilot is rated (category, class,
and type rating, if appropriate), or the sole occupant of an
aircraft.\133\ The FAA has identified obstacles in each of these
logging provisions with respect to test pilots and instructor pilots.
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\133\ Under Sec. 61.51(e)(1)(iii), a person may log PIC time
when acting as PIC of an aircraft for which more than one pilot is
required under the type certification of the aircraft or the
regulations under which the flight is conducted. Because an
experimental aircraft is not type-certificated and is not operated
under regulations requiring a second pilot (e.g., Sec. 135.101),
this PIC logging provision would not apply to test pilots and
instructor pilots. Additionally, under Sec. 61.51(e)(1)(iv), a
pilot may log PIC time when the pilot performs the duties of PIC
while under the supervision of a qualified PIC, provided certain
requirements are met. Because test pilots and instructor pilots
would not meet the certification requirements and the training would
not be completed under an approved training program, the PIC logging
provision of Sec. 61.51(e)(1)(iv) would also not apply to test
pilots and instructor pilots.
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Section 61.51(e)(1)(i) precludes a test pilot from logging PIC
flight time in a powered-lift for which the pilot is not rated, even if
the test pilot is solely manipulating the controls. Furthermore, while
the current regulations permit a test pilot to log PIC flight time when
the test pilot is the sole occupant of the aircraft, the test pilot may
not be the sole occupant of the powered-lift when the test pilot is
conducting operations for research and development or for showing
compliance with the regulations.\134\ Additionally, the powered-lift
may require two pilot flightcrew members, in which case the test pilot
would not be the only pilot onboard.
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\134\ The ``sole occupant'' provision is intended to recognize
the solo flight time that is required under the aeronautical
experience requirements for certificates and ratings. Because
student pilots seeking an initial category and class rating or
certificated pilots who are adding a new rating to their pilot
certificate are not yet rated, this section recognizes this solo
time as PIC time without the pilot having to be rated in the
aircraft. Section 61.31(d)(2) permits pilots to act as PIC of an
aircraft when not rated in the aircraft provided, they have received
the required training that is appropriate to the pilot certification
level, aircraft category, class, and type rating (if a class or type
rating is required) for the aircraft to be flown and have received
an endorsement for solo flight in that aircraft from an authorized
instructor.
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As previously discussed at length, test pilots play a key role in
the development and certification of a powered-lift. While these pilots
may not be rated in a powered-lift, they are authorized by the FAA to
act as PIC of the experimental powered-lift and have extensive
experience manipulating the controls of the aircraft in operations
conducted for research and development and for showing compliance with
the regulations. Furthermore, when a test pilot conducts a qualitative
or quantitative flight test in the powered-lift, that flight test is
not conducted in a sterile environment. Instead, the test pilot is
responsible for conducting the aircraft flight tests while also
considering the operational aspects of the flight, including filing a
flight plan, conducting departures and instrument approaches,
communicating with ATC, and interacting with other aircraft.
Upon evaluating the various duties that a test pilot performs, the
FAA has determined that certain flight time obtained by these test
pilots should count towards the PIC flight time requirement for a
powered-lift category rating in Sec. 61.129(e). The FAA is therefore
proposing an alternate logging requirement in proposed Sec. 194.217(c)
that would permit the test pilots to log PIC flight time for flights
when they are the sole manipulator of the controls of the experimental
powered-lift despite the fact that they are not rated in the aircraft.
The FAA finds that this alternate logging requirement would enable
these test pilots to more easily attain the 50 hours of PIC flight time
in a powered-lift.
The FAA also proposes an alternate logging requirement for
instructor pilots. Under Sec. 61.51(e)(3), a CFI may log PIC flight
time for all flight time while serving as the authorized instructor in
an operation if the instructor is rated as PIC of that aircraft.
Similar to test pilots, instructor pilots for a powered-lift
manufacturer may not be authorized instructors as defined in FAA
regulations and may not hold powered-lift ratings. However, as
discussed previously, these instructor pilots are involved in
developing, validating, and delivering the manufacturer's proposed
training curriculum. Additionally, an instructor pilot is authorized by
the FAA to act as PIC of the experimental powered-lift.
Therefore, in light of the instructor pilot's experience with the
powered-lift, their involvement with the manufacturer's proposed
training curriculum, and their authorization to
[[Page 38970]]
act as PIC, the alternate logging requirement in proposed Sec.
194.219(c) would permit the instructor pilots to log PIC flight time
for flights when they are serving as an instructor pilot for the
manufacturer of an experimental powered-lift for which the pilot is not
rated. This logging provision would enable these instructor pilots to
log PIC flight time for flights when they are providing the proposed
training curriculum to the test pilots. This logging provision would
also facilitate the instructor pilot's ability to obtain 50 hours of
PIC time for purposes of obtaining a powered-lift category rating on
their commercial pilot certificate.
The FAA notes that this proposal would permit pilots to log the
time that meets the criteria set forth in this SFAR retroactively if
the rule becomes final. Flight time that a pilot is currently accruing,
and has previously accrued, that meets these conditions may be applied
towards the 50-hour requirement when the pilot applies to take the
practical test.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Powered-Lift Category Ratings
While the proposed alternate experience and logging requirements
for test pilots and instructor pilots would enable those individuals to
obtain powered-lift ratings on their pilot certificates, the FAA finds
that those alternate requirements alone would be insufficient to
develop sufficient personnel to support training in a powered-lift
under an approved training program under part 135, 141, or 142. Before
an operator under part 135, a pilot school under part 141, or a
training center under part 142 may provide an approved training
curriculum for a powered-lift, the operator, pilot school, or training
center must have persons who are fully qualified under those parts to
provide the training.
To serve as a check pilot in an approved part 135 training
curriculum, a person must hold the certificates and ratings required to
serve as PIC in the aircraft. As discussed in section V.I of this
preamble, the FAA is proposing that a person must hold at least a
commercial pilot certificate with a powered-lift category rating,
instrument-powered-lift rating, and an appropriate type rating for the
powered-lift to serve as PIC in part 135. As such, a part 135 check
pilot would be required to hold the same ratings as a PIC on their
pilot certificate under Sec. 135.337(b)(1). To be designated as an
assistant chief instructor or chief instructor for a course of training
in a powered-lift under part 141, a person must hold a powered-lift
category rating on both their commercial pilot certificate and their
flight instructor certificate in addition to holding the type rating on
their commercial pilot certificate.\135\ Lastly, to instruct in a
powered-lift in flight under part 142, a training center instructor
must be qualified in accordance with subpart H of part 61, which
requires a flight instructor to hold the appropriate category ratings
on both their pilot and flight instructor certificates, in addition to
holding the type rating on their commercial pilot certificate. To
obtain the necessary powered-lift category rating on their pilot
certificate, these persons would be required to comply with the
aeronautical experience requirements in Sec. 61.129(e).
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\135\ 14 CFR 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii).
---------------------------------------------------------------------------
Persons seeking to provide training under an approved training
curriculum in a powered-lift under part 135, 141, or 142 would
encounter the same obstacles with the aeronautical experience
requirements in Sec. 61.129 as test pilots and instructor pilots at a
manufacturer. These regulatory obstacles are further complicated by the
challenges associated with creating and building an initial cadre of
instructors who are qualified to provide training under part 135, 141,
or 142. Because test pilots and instructor pilots would be the first
pilots who obtain powered-lift ratings under this SFAR, the FAA
proposes to use them to build the initial cadre of instructors who
would provide training under approved training programs. Specifically,
the FAA proposes to allow certain persons employed by part 135
operators, part 141 pilot schools, and part 142 training centers to
receive training in a powered-lift from an instructor pilot at the
manufacturer for the purpose of qualifying sufficient personnel to
conduct training in a powered-lift in accordance with an approved
training program under parts 135, 141, and 142.\136\
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\136\ As discussed in section V.G of this preamble, certain
manufacturers may choose to pursue certification as a part 141 pilot
school or part 142 training center to facilitate the flight training
of their customers' personnel. This model has been employed by other
manufacturers such as Boeing and Airbus. In those cases, the
manufacturer would not need to limit its training to the individuals
identified in this section. This proposal is intended to facilitate
training administered by manufacturers when the manufacturer does
not hold an air agency certificate.
---------------------------------------------------------------------------
The FAA considered permitting any person who meets the
qualifications to serve as an authorized instructor under part 135,
141, or 142 to receive training at the manufacturer. However,
recognizing the diversity in flight time and experience across such a
broad group of instructors, the FAA decided that there were
insufficient risk mitigations to ensure an appropriate level of safety
would be maintained by permitting such an expansive group of
individuals to receive training at the manufacturer in place of the
approved training under part 135, 141, or 142. The FAA concluded that,
where a manufacturer does not hold an air agency certificate, it is
necessary to confine the training population to a more select group of
individuals. These individuals should be the most qualified instructors
at a part 135 operator, part 141 pilot school, or part 142 training
center. Therefore, the FAA is proposing in Sec. 194.221(a) to permit
persons who are authorized to serve as initial check pilots, chief
instructors, assistant chief instructors, or training center evaluators
to receive the training for powered-lift ratings at a manufacturer.
Under part 135, check pilots are airmen approved by the FAA who
have the appropriate knowledge, training, experience, and demonstrated
ability to evaluate and to certify the knowledge and skills of other
pilots during competency and instrument proficiency checks. The role of
a check pilot is to ensure that the flightcrew member (1) has met
competency standards before the check pilot releases the flightcrew
member from training and (2) maintains those standards while continuing
in line service. A check pilot under part 135 must be knowledgeable in
the applicable requirements of parts 61, 91, 110, 119, and 135, other
applicable FAA policies, safe operating practices, and the certificate
holder's policies and procedures.
For part 141, the FAA is proposing to permit persons who are
authorized to serve as initial chief instructors and assistant chief
instructors for powered-lift courses to receive training from an
instructor pilot at a manufacturer. Consistent with the reasons for
selecting check pilots under part 135, the FAA chose these individuals
because they would be among the most qualified instructors at the pilot
school. Sections 141.35 and 141.36 prescribe the qualification
requirements for chief instructors and assistant chief instructors,
respectively. Under these regulations, chief instructors and assistant
chief instructors must meet PIC recent flight experience requirements
of Sec. 61.57; pass a knowledge test on teaching methods, applicable
provisions of the ``Aeronautical Information Manual,'' the applicable
provisions of parts 61, 91, and 141, and the objectives and course
completion standards of the
[[Page 38971]]
approved training course for which the person seeks to obtain
designation; pass a proficiency test on the instructional skills and
ability to train students on the flight procedures and maneuvers
appropriate to the course; and meet certain PIC flight time and flight
training experience requirements. For a course of training leading to a
commercial pilot certificate, a chief instructor and assistant chief
instructor would be required to have at least 2,000 hours and 1,000
hours of PIC time, respectively. Additionally, the chief instructor and
assistant chief instructor would be required to have significant
experience providing flight training. A chief instructor would be
required to have flight training experience that consists of at least
(1) 3 years and 1,000 flight hours, or (2) 1,500 flight hours. An
assistant chief instructor would be required to have flight training
experience that consists of at least (1) 1.5 years and a total of 500
flight hours, or (2) 750 flight hours. Furthermore, the
responsibilities of a chief instructor, which may be delegated to an
assistant chief instructor, include conducting stage checks, end-of-
course tests, and flight instructor proficiency checks.\137\
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\137\ The flight instructors at a part 141 pilot school must
receive an initial proficiency check prior to being assigned
instructing duties in an approved training course as well as
recurrent proficiency checks every 12 calendar months.
---------------------------------------------------------------------------
For part 142, the FAA is proposing to permit persons who are
authorized to serve as initial training center evaluators (TCE) to
receive training for powered-lift ratings from an instructor pilot at a
manufacturer. TCEs are airmen who are designated by the FAA in
accordance with part 183 to be pilot examiners on behalf of the
Administrator. Part 142 outlines the prerequisites, training
requirements, operating procedures, and limitations of TCEs. Pursuant
to Sec. 142.55(a), a TCE must be approved by the Administrator and
meet the instructor qualification and training requirements of subpart
C of part 142. Additionally, a TCE must be qualified in each specific
curriculum and the associated flight training equipment for which TCE
privileges are requested.
At the time an operator, pilot school, or training center sends an
individual to the manufacturer for training in a powered-lift, the
individual will not be fully qualified as a check pilot, chief
instructor, assistant chief instructor, or TCE for powered-lift. The
first step to becoming fully qualified is for the person to obtain the
appropriate ratings on their pilot certificate. Therefore, the
individuals attending the training at the manufacturer will be
candidates for their respective positions. The operator, pilot school,
or training center would have the discretion in selecting the
individuals they wish to send to the manufacturer for training. Given
the functions and duties associated with being the first person to
provide training under an approved training program, the FAA
anticipates that individuals would be selected based on their pilot and
flight instructor qualifications and experience, their record as an
airman regarding accidents and incidents, their reputation for
integrity and dependability within the industry, and their knowledge
and skill as it relates to learning how to operate and instruct in a
new aircraft.
To ensure an appropriate level of oversight, the FAA is proposing
in Sec. 194.221(a) to require these individuals to be authorized by
the Administrator.\138\ The FAA intends this authorization to be issued
in the form of a temporary letter of approval that states the
individual is approved as a candidate to serve as an initial cadre
check pilot, chief instructor, assistant chief instructor, or TCE for
the purpose of establishing sufficient qualified personnel to conduct
training with the powered-lift type under an approved training program
under part 135, 141, or 142. The FAA notes that, upon receiving
training in the powered-lift at the manufacturer, the individual would
complete a practical test with an FAA inspector or designee to receive
the appropriate powered-lift ratings. The individual could subsequently
obtain a powered-lift category rating on their flight instructor
certificate in accordance with the current requirements in subpart H of
part 61. In accordance with current practice, when the newly rated
individual returns to their operator, pilot school, or training center,
they would become proficient in the proposed training curriculum under
their respective part by providing instruction to other initial cadre
check pilots, chief instructors, assistant chief instructors, or TCEs,
become fully qualified to serve in their designated function, and
receive a permanent letter of approval after becoming fully qualified.
---------------------------------------------------------------------------
\138\ See proposed Sec. Sec. 194.203, 194.213, 194.217,
194.219, 194.221, 194.225, 194.227, and 194.229.
---------------------------------------------------------------------------
a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e))
With respect to the alternate experience and logging requirements
for these persons, the FAA is proposing alternate requirements that are
largely similar to those proposed for test pilots and instructor pilots
in that they provide relief from the same obstacles that exist in
Sec. Sec. 61.129(e) and 61.51(e)(1). First, in place of the
requirement in Sec. 61.129(e)(3), which requires 20 hours of training
on the areas of operation listed in Sec. 61.127(b)(5) from an
authorized instructor, the FAA is proposing in Sec. 194.221(b)(1) to
permit the individual to satisfactorily complete the manufacturer's
training curriculum in the powered-lift. The training curriculum must
include 20 hours of flight training on the areas of operation listed in
Sec. 61.127(b)(5) and be provided by an instructor pilot at the
manufacturer. Additionally, for verification purposes, the individual
would be required to receive an endorsement in their logbook or
training record from the instructor pilot certifying that the training
was completed, pursuant to proposed Sec. 194.221(b)(1)(ii).
The FAA recognizes that these individuals do not have the same
extensive experience with the powered-lift as the test pilots. However,
at this stage of the process, the powered-lift would be type-
certificated, the manufacturer's training curriculum would be
validated, and the instructor pilot would be appropriately rated in the
powered-lift. Given the knowledge and familiarity an instructor pilot
has with a powered-lift type and the manufacturer's training
curriculum, the FAA finds that an instructor pilot would be the most
knowledgeable and skilled to provide instruction to the initial group
of pilots who would serve as the first instructors at a part 135
operator, part 141 pilot school, or part 142 training center.
Additionally, as stated previously, to mitigate risk, the FAA is
proposing to narrowly confine the population of persons who may receive
training from an instructor pilot at a manufacturer that does not hold
an air agency certificate. In light of the qualification requirements
for check pilots, chief instructors, assistant chief instructors, and
TCEs, which must be met by the individual prior to the individual
providing initial training under an approved training program, the FAA
finds that the persons selected would be among the most highly
qualified at the operator, pilot school and training center. As a
result, the FAA finds that these persons would be the most capable
pilots to receive training in the new powered-lift type for the purpose
of becoming rated in the aircraft and subsequently initiating training
in the aircraft at their certificate holders. Furthermore, requiring
the individual to be authorized by the FAA would ensure the FAA has
regulatory oversight over
[[Page 38972]]
the individuals selected, which would further mitigate risk. For the
reasons stated above, the FAA finds that temporarily permitting a small
population of instructors to receive training from the manufacturer for
the purpose of developing sufficient personnel to provide training in
powered-lift under parts 135, 141, and 142 would not adversely affect
safety.
Second, the aeronautical experience requirement in Sec.
61.129(e)(3) would present the same obstacle for individuals receiving
training at the manufacturer from an instructor pilot. As with test
pilots and instructor pilots, the person receiving the manufacturer's
training from an instructor pilot would not have an authorized
instructor, as defined in Sec. 61.1, to provide the flight training in
preparation for the practical test. The FAA is therefore proposing in
Sec. 194.221(b)(2) to permit the preparation for the practical test to
be completed with an instructor pilot rather than an authorized
instructor.\139\ Consistent with the reasons for proposing the same
alternate requirement for test pilots and instructor pilots, which is
previously discussed, the FAA finds that it would be appropriate to
permit the instructor pilot who provided the training to also ensure
that the person is prepared for the practical test. This proposed
alternate requirement would enable the person to take the practical
test after satisfactorily completing the manufacturer's training
curriculum. Because of the instructor pilot's experience with the
powered-lift and their involvement with the manufacturer's training
curriculum, the FAA finds that temporarily permitting the instructor
pilot to replace the authorized instructor specified in Sec.
61.129(e)(3) would not adversely affect safety, especially in light of
the small population of pilots who would require this relief.
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\139\ To the extent that instructor pilots may hold the
necessary certificates and ratings to be an authorized instructor as
defined in Sec. 61.1 in a powered-lift, those instructor pilots
would be able to provide endorsements without need for the proposed
relief.
---------------------------------------------------------------------------
Third, Sec. 61.129(e)(4) requires an applicant for a powered-lift
category rating to obtain either 10 hours of solo flight time in a
powered-lift or 10 hours of flight time performing the duties of PIC in
a powered-lift with an authorized instructor onboard. Either of these
flight times may be credited towards the flight time requirement in
Sec. 61.129(e)(2), which requires 100 hours of PIC flight time, of
which 50 hours must be in powered-lift. Consistent with the alternate
requirements proposed for test pilots and instructor pilots, the FAA is
proposing in Sec. 194.221(b)(3) to permit the instructor pilot to
replace the authorized instructor in Sec. 61.129(e)(4). For the
reasons stated in the previous paragraph, the FAA finds that an
instructor pilot is qualified to temporarily serve in this role.
Additionally, the FAA finds that any risk to safety would be mitigated
by the scope of the relief because the alternate requirement would
apply only to those individuals who were authorized by the FAA to serve
as an initial check pilot, chief instructor, assistant chief
instructor, or TCE for the purpose of initiating training in a powered-
lift under part 135, 141, or 142; the temporary nature of the relief;
and the qualifications and experience held by the initial cadre of
instructors to whom the relief would apply.
b. Alternate Aeronautical Experience Logging PIC Flight Time (Sec.
61.129(e)(2))
The FAA finds that the aeronautical experience requirement in Sec.
61.129(e)(2)(i), which requires 50 hours of PIC flight time in powered-
lift, presents an obstacle in light of the PIC logging requirements set
forth in Sec. 61.51(e) for the initial cadre of instructors who would
train with the manufacturer under this proposal. As discussed, under
Sec. 61.51(e)(1), as relevant, a pilot may log PIC time when the pilot
is the sole manipulator of the controls of an aircraft for which the
pilot is rated (category, class, and type rating, if appropriate), or
the sole occupant of an aircraft. The initial cadre of instructors who
attend training at a manufacturer will not yet be rated in the powered-
lift, so they will not be able to log PIC time as sole manipulator of
the controls. Additionally, because the majority of the flight time
with the manufacturer would consist of training time with an instructor
pilot, the person would not be able to log this time as PIC time as the
sole occupant of the powered-lift.
To establish the initial cadre of persons who would initiate
training in a powered-lift in accordance with an approved training
program under part 135, 141, or 142, the FAA is proposing in Sec.
194.221(c) to temporarily permit those persons who would receive
training at the manufacturer to log up to 40 hours of PIC flight time
towards the 50-hour requirement during flights when the person is the
sole manipulator of the controls of the powered-lift for which the
person is not rated, provided the person is manipulating the controls
of the powered-lift, performing the duties of PIC with an instructor
pilot onboard, and the flight is conducted in accordance with the
manufacturer's training curriculum.
This proposed alternate logging requirement would enable persons to
log 40 hours of PIC flight time for flights when they are obtaining
flight training on the areas of operation specified in Sec.
61.127(b)(5). To the extent these pilots would not be held to the same
logging provisions required for pilots operating other categories of
aircraft, the FAA finds that risk would be mitigated for the same
reasons previously discussed. The scope of this relief would be both
narrowly applicable and temporary, and the persons who may exercise
this alternate logging requirement would be the most qualified and
experienced instructors at a part 135 operator, part 141 pilot school,
and part 142 training center. The FAA finds that the flight time
permitted under the proposed alternate requirement would be valuable
for the purposes of logging PIC flight time for a powered-lift category
rating because the pilot would be solely manipulating the controls of
the powered-lift, thereby obtaining experience with its flight and
handling characteristics, while simultaneously exercising the duties of
PIC. By exercising the duties of PIC, the pilot would experience
increased responsibilities during the flight (compared to a typical
training flight in an aircraft in which they are not yet rated),
including heightened decision-making.
The FAA notes that, as proposed, these pilots would still be
required to obtain the last 10 hours of PIC flight time as solo flight
time under Sec. 61.51(e).\140\
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\140\ The solo flight endorsement required under Sec.
61.31(d)(2) may be provided by an instructor pilot in lieu of an
authorized instructor in accordance with proposed Sec. 194.213(a).
---------------------------------------------------------------------------
iii. Pilots Receiving Training Under an Approved Training Program
a. Alternate Requirements for a Commercial Pilot Certificate With a
Powered-Lift Category Rating
The PIC logging requirements in Sec. 61.51(e)(1) would also create
obstacles for persons seeking to obtain a powered-lift category rating
on their commercial pilot certificate outside a manufacturer's training
curriculum. Because this is a new category of aircraft that is entering
the civilian market, pilots would be unable to log PIC flight time in
the powered-lift in accordance with Sec. 61.51(e)(1)(i) because they
would not yet be rated in the aircraft. Thus, at the commercial pilot
level, a person would have to obtain the 50 hours of PIC time required
by Sec. 61.129(e)(2)(i) as the sole
[[Page 38973]]
occupant of the powered-lift under solo endorsements from an authorized
instructor.
To springboard the initial cadre of powered-lift pilots, the FAA is
proposing in Sec. 194.221(c) to permit certain applicants for a
commercial pilot certificate with a powered-lift category rating to log
up to 40 hours of PIC flight time towards the 50-hour requirement
during flights when the pilot is the sole manipulator of the controls
of the powered-lift for which the pilot is not rated, provided the
applicant is manipulating the controls of the powered-lift, the
applicant is performing the duties of PIC with an authorized instructor
onboard, and the flight is conducted in accordance with an approved
training program under part 135, 141, or 142.\141\
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\141\ Training under part 135, 141, or 142 is discussed in more
detail in section V.F of this preamble.
---------------------------------------------------------------------------
This proposed 40 hours of PIC flight time would be logged when the
applicant is obtaining flight training on the areas of operation
specified in Sec. 61.127(b)(5) under an approved part 135, 141, or 142
training program. The FAA acknowledges that this proposal relaxes the
standards for logging PIC flight time from the standard applied to
other categories of aircraft. Given the unique challenges presented by
the introduction of powered-lift for commercial operations, the FAA has
weighed the safety concerns of a relaxed standard against the need to
enable pilot certification and concluded that this proposal
appropriately mitigates any risk that may be introduced during the
transitional period in which it would be permitted.
Even though the pilots are not rated in a powered-lift, the FAA
finds that this flight time would be valuable for purposes of logging
PIC flight time for a powered-lift category rating for the same reasons
discussed in the previous section. By requiring the flight to be
conducted in accordance with an approved training program under part
135, 141, or 142, the FAA would ensure that the pilot is logging
alternate PIC time only for those training flights that are conducted
in an approved training program environment. The FAA has oversight of
training conducted through program approval under parts 135, 141, and
142, and the approved training programs would be monitored and
validated to ensure the instructional quality is consistent and the
training is effective. The proposed requirement for the flight to be
conducted in accordance with an approved training program under part
135, 141, or 142 would serve as a risk mitigation to ensure that the
proposed alternate PIC logging requirement would not result in an
adverse impact to safety.
As with the initial cadre of instructors, an applicant would be
required to obtain the remaining 10 hours of PIC time as the sole
occupant of the powered-lift under an instructor endorsement.
b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot
Certificate With a Powered-Lift Category Rating
Currently, Sec. 61.129(i) contains the permitted credit for use of
an FFS or FTD in lieu of an aircraft for a commercial pilot
certificate. Section 61.129(i)(1) permits an applicant who has not
accomplished the training required by Sec. 61.129 in a course
conducted by a training center certificated under part 142 to credit a
maximum of 50 hours toward the total aeronautical experience
requirements of Sec. 61.129 for an airplane or powered-lift rating, or
a total of 25 hours toward the total aeronautical experience
requirements of Sec. 61.129 for a helicopter rating, provided the
aeronautical experience was obtained from an authorized instructor in
an FFS or FTD that represents the aircraft.\142\ For applicants who
have accomplished the training required by Sec. 61.129 in a course
conducted by a training center certificated under part 142, Sec.
61.129(i)(2) permits the applicant to credit a maximum of 100 hours
toward the total aeronautical experience requirements of Sec. 61.129
for an airplane or powered-lift rating or a total of 50 hours toward
the total aeronautical experience requirements of Sec. 61.129 for a
helicopter rating, provided the aeronautical experience was obtained
from an authorized instructor in an FFS or FTD that represents the
aircraft.
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\142\ The FFS and FTD must represent the class of airplane or
powered-lift category and type (see Sec. 61.129(i)(1)(i) and
(i)(2)(i)), or helicopter and type (see Sec. 61.129(i)(1)(ii) and
(i)(2)(ii)), if applicable, appropriate to the rating sought.
---------------------------------------------------------------------------
While the regulation currently permits applicants for a commercial
pilot certificate with a powered-lift category rating to credit time
obtained in an FFS or FTD towards the aeronautical experience
requirements of Sec. 61.129(e), the time obtained in an FFS or FTD may
be credited only towards the total flight time. To allow for more
flexibility and to foster the development of an initial cadre of
powered-lift pilots, the FAA has decided to temporarily permit time
obtained in a Level C or higher FFS to be credited toward a certain
subset of aeronautical experience.
Specifically, the FAA is proposing in Sec. 194.223(d) to permit an
applicant for a commercial pilot certificate with a powered-lift
category who is accomplishing training under an approved program under
part 135, 141, or 142 to credit a maximum of 15 hours obtained in an
FFS toward the 50-hour PIC flight time requirement in Sec.
61.129(e)(2)(i), provided the aeronautical experience was obtained
performing the duties of PIC in a Level C or higher FFS that represents
the powered-lift category. The FAA finds that this provision would not
adversely affect safety because the applicant would still be required
to obtain 35 hours of PIC flight time in the powered-lift, which aligns
with the aeronautical experience requirement in Sec. 61.129(c)(2)(i)
for a helicopter rating. While the amount of PIC flight time that would
be required in the actual powered-lift would be reduced to 35 hours,
most operations in the powered-lift currently seeking type
certification are sufficiently similar to helicopter operations in that
the flight is of shorter range,\143\ which condenses the critical
phases of flight \144\ and results in an operation during which the
pilot is actively engaged in performing the most critical PIC duties to
ensure the safety of the flight. Operations in an airplane are
generally of longer duration, which results in the pilot experiencing
less time performing the duties of PIC in the critical phases of
flight.
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\143\ The FAA notes that this comparison is based on the current
type certification projects for powered-lift.
\144\ The FAA considers the critical phases of flight to include
all ground operations involving taxi, takeoff and landing, and all
other flight operations conducted below 10,000 feet, except cruise
flight. The FAA emphasizes the importance of operations involving
the critical phases of flight. See 14 CFR 121.542(c), 135.100(c)
(commonly referred to as the ``sterile cockpit rule'').
---------------------------------------------------------------------------
Additionally, in proposed Sec. 194.223(d)(2), the FAA is proposing
to permit 15 hours of PIC time in a Level C or higher FFS only for
those applicants who are undergoing an approved training program under
part 135, 141, or 142. By limiting this credit to applicants who are
conducting flights in accordance with an approved training program, the
FAA would ensure that the only FFS time that may be credited towards
the 50-hour PIC flight time requirement is time acquired in a
controlled environment in accordance with a structured curriculum for
which the FAA has provided approval and retains continuing oversight.
The FAA finds that permitting the pilot to obtain 15 hours of PIC
time in a Level C or higher FFS, provided the flight is conducted in
accordance with
[[Page 38974]]
an approved training program, would enable the pilot to gain experience
performing the duties and functions of a PIC in situations that the
pilot would not typically encounter while attaining PIC time operating
a small aircraft in the NAS. For example, this proposal would enable
the pilot to acquire experience performing the duties of PIC, which
includes exercising decision-making abilities, during critical
emergency procedures that could not otherwise be performed in the
aircraft. Furthermore, for the purpose of establishing an initial cadre
of powered-lift pilots, these alternate requirements would not
adversely affect safety because they would be narrowly focused on a
select population of seasoned pilots who already hold commercial pilot
certificates and instrument ratings, they would be in effect for a
temporary duration, and the requirement for the applicant to pass the
commercial pilot practical test in a powered-lift with an FAA inspector
or examiner would serve as a safeguard.
The FAA determined that a minimum of Level C FFS is required
because these devices provide the highest level of aerodynamic
modeling, visual fidelity, and motion cueing to replicate the powered-
lift for motion-based pilot training. The 3-degree-of-freedom motion
cues provided by Level A and B devices do not provide the level of
fidelity required to meet the flight training objectives as compared to
the 6-degree-of-freedom requirements for Level C and higher devices.
The use of a Level C or higher FFS is also consistent with Sec. 61.64,
which allows a practical test to be completed only in a Level C or
higher FFS.
3. Obtaining an Instrument-Powered-Lift Rating Sec. 61.65(f)
To obtain an instrument-powered-lift rating, a person must satisfy
the aeronautical experience requirements for an instrument-powered-lift
rating in Sec. 61.65(f). Section 61.65(f)(1) requires a person who
applies for an instrument-powered-lift rating to log at least 50 hours
of cross-country time as PIC, 10 of which must be in a powered-lift.
Section 61.65(f)(2) requires 40 hours of actual or simulated instrument
time in the areas of operation listed under Sec. 61.65(c), of which 15
hours must be received from an authorized instructor who holds an
instrument-powered-lift rating. The instrument time must include 3
hours of instrument flight training from an authorized instructor in a
powered-lift within 2 calendar months before the date of the instrument
rating practical test. Additionally, the instrument time referenced in
Sec. 61.65(f)(2) must include instrument flight training on cross-
country flight procedures, including one cross-country flight in a
powered-lift with an authorized instructor that is performed under IFR,
when a flight plan has been filed with an ATC facility. The cross-
country flight must include 250 nautical miles along airways or by
directed routing from an ATC facility, an instrument approach at each
airport, and three different kinds of approaches with the use of
navigation systems.
Civilian pilots are unable to satisfy several of the aeronautical
experience requirements for an instrument-powered-lift rating for the
same reasons as civilian pilots are unable to satisfy certain
requirements for a commercial pilot certificate with a powered-lift
rating, as previously discussed. The FAA therefore finds it necessary
to enable an alternate pathway for persons to obtain an instrument-
powered-lift rating similar to the alternate pathway proposed for
powered-lift category ratings at the commercial pilot certificate
level. The FAA proposes in Sec. 194.215 to limit the alternate
aeronautical experience and logging requirements for obtaining an
instrument-powered-lift rating to those persons who already hold at
least a commercial pilot certificate with at least an airplane category
and single- or multiengine class rating or a rotorcraft category and
helicopter class rating. The person would also be required to hold an
instrument-airplane or instrument-helicopter that corresponds to the
category (airplane) or class rating (helicopter) held at the commercial
level.
In addition, consistent with the alternate pathway proposed for the
commercial pilot aeronautical experience requirements, the FAA is
proposing alternate experience and logging requirements to obtain an
instrument-powered-lift rating for (1) test pilots and instructor
pilots, (2) the initial cadre of instructors, and (3) pilots receiving
training under an approved training program.\145\ Alternate
requirements for cross-country flights, which are generally applicable,
are discussed later in this section. Section E.5.ii of this preamble
contains tables summarizing the proposed alternate requirements for an
instrument-powered-lift rating.
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\145\ The FAA recognizes that, pursuant to Sec.
91.109(c)(1)(i), to operate a civil aircraft in simulated instrument
flight, a safety pilot must occupy the other control seat and
possess at least a private pilot certificate with category and class
ratings appropriate to the aircraft being flown to operate a civil
aircraft. However, because test pilots and instructor pilots may not
yet possess the powered-lift category rating to meet this
requirement while conducting operations to meet the proposed
alternate experience requirements set forth in the SFAR, proposed
Sec. 194.311 would except operations conducted to meet the
alternate aeronautical experience requirements set forth in proposed
Sec. Sec. 194.225, 194.227, and 194.229 from meeting Sec.
91.109(c)(1)(i). For the reasons explained previously about the
depth of knowledge and operating experience of test pilots and
instructor pilots, the FAA has determined there would be no adverse
impact to safety.
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i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for Instrument-Powered-Lift Rating
Sections 194.225 and 194.227 would contain the alternate
aeronautical experience and logging requirements for test pilots and
instructor pilots seeking an instrument-powered-lift rating. The FAA is
proposing in Sec. Sec. 194.225(a) and 194.227(a) that these alternate
requirements would apply if the flights are conducted in an
experimental aircraft at the manufacturer and the test pilots or
instructor pilots seeking to take advantage of the alternate
requirements are authorized by the Administrator to act as PIC of the
experimental powered-lift. The alternate training requirements would be
set forth in Sec. 194.225(b)(1) through (4) for test pilots and Sec.
194.227(b)(1) through (4) for instructor pilots. The alternate logging
requirements would be set forth in Sec. Sec. 194.225(c) and
194.227(c). Each of the proposed alternate requirements are discussed
below.
a. Aeronautical Experience Requirements Involving Instrument Training
(Sec. 61.65(f)(2))
First, the FAA is proposing alternate requirements for test pilots
or instructor pilots to accomplish the 15 hours of instrument training
on the areas of operation listed in Sec. 61.65(c), as required by
Sec. 61.65(f)(2). Under proposed Sec. 194.225(b)(1), a test pilot
would be permitted to satisfactorily complete the manufacturer's
training curriculum in the experimental powered-lift with an instructor
pilot. Similarly, under Sec. 194.227(b)(1), the instructor pilot would
be able to credit the time spent providing the manufacturer's training
curriculum towards the training required by Sec. 61.65(f)(2). The
manufacturer's training curriculum would be required to include 15
hours of instrument training on the areas of operation listed in Sec.
61.65(c).
For the purpose of verifying satisfactory completion of the
alternate experience requirement to an examiner, the FAA is proposing
to require the test pilot or instructor pilot to receive an
[[Page 38975]]
endorsement in their logbook or training record. Under proposed Sec.
194.225(b)(1)(ii), a test pilot would be required to receive an
endorsement from the instructor pilot who provided the training,
certifying that the test pilot satisfactorily completed the
manufacturer's training curriculum in the experimental powered-lift.
Under proposed Sec. 194.227(b)(1)(ii), an instructor pilot would be
required to receive an endorsement from a management official within
the manufacturer's organization certifying that the instructor pilot
has provided the manufacturer's training curriculum to a test pilot.
Second, the FAA is proposing an alternate requirement to Sec.
61.65(f)(2)(i) that would permit the preparation for the instrument
rating practical test to be completed with an instructor pilot rather
than an authorized instructor. These requirements set forth in proposed
Sec. Sec. 194.225(b)(2) and 194.227(b)(2) would enable the test pilot
or instructor pilot to take the instrument rating practical test after
satisfactorily completing three hours of instrument flight training
with an instructor pilot in a powered-lift within two calendar months
before the date of the practical test. To enable the examiner to verify
that the preparation was completed, the applicant would be required to
receive a logbook or training record endorsement under Sec.
61.65(a)(6); however, under proposed Sec. 194.213, the applicant may
obtain the endorsement from the instructor pilot, who certifies that
the applicant is prepared for the practical test.
Third, the FAA is proposing alternate requirements in Sec. Sec.
194.225(b)(3) and 194.227(b)(3) that would allow test pilots or
instructor pilots to perform instrument training on cross-country
flight procedures referenced in Sec. 61.65(f)(2)(ii) in an
experimental powered-lift with an instructor pilot rather than an
authorized instructor. The applicant would also be required to receive
a logbook or training record endorsement from the instructor pilot to
certify that the applicant completed the cross-country flight with the
instructor pilot. For the same reasons discussed earlier in this
section with regard to training for a powered-lift category rating, the
FAA finds that permitting the instrument training, the preparation for
the practical test, and the cross-country instrument flight to take
place with an instructor pilot rather than an authorized instructor
would not adversely affect safety.
b. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.65(f)(1))
The FAA recognizes the obstacle with logging PIC time in accordance
with Sec. 61.51(e)(1) for the reasons stated previously. These
obstacles are relevant to persons seeking an instrument-powered-lift
rating because Sec. 61.65(f)(1) requires 10 hours of cross-country
time as PIC in a powered-lift. Accordingly, consistent with the
alternate logging requirements proposed for persons seeking to add a
powered-lift category rating on a commercial pilot certificate, the FAA
proposes in Sec. Sec. 194.225(c) to permit test pilots at the
manufacturer to log PIC flight time for the purpose of satisfying the
10-hour cross-country requirement in Sec. 61.65(f)(1) when the test
pilot is the sole manipulator of the controls of an experimental
powered-lift even if the test pilot is not rated for the aircraft. To
log this time, the test pilot would be required to be acting as PIC of
the experimental powered-lift in accordance with a letter of
authorization issued by the Administrator. In addition, the flight
would have to be conducted for the purpose of research and development
or showing compliance with the regulations in accordance with the
experimental certificate issued to the powered-lift pursuant to Sec.
21.191.
Similarly, the FAA is proposing in Sec. 194.227(c) to allow
instructor pilots to log PIC flight time for the purpose of satisfying
the 10-hour cross-country requirement in Sec. 61.65(f)(1) when the
pilot is serving as an instructor pilot for the manufacturer of an
experimental powered-lift for which the instructor pilot is not rated,
provided the pilot is acting as pilot-in-command of the experimental
powered-lift in accordance with a letter of authorization issued by the
Administrator and the flight is conducted for the purpose of crew
training in accordance with the experimental certificate issued to the
powered-lift pursuant to Sec. 21.191.
For the reasons provided in the discussion of PIC flight time for
powered-lift ratings at the commercial pilot certificate level, the FAA
finds that there would be no adverse impact to safety by allowing this
time to be logged for instrument-powered-lift ratings.
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and
Logging Requirements for Instrument-Powered-Lift Ratings
The FAA is proposing alternate experience and logging requirements
for certain requirements in Sec. 61.65(f) that would facilitate
initial training and certification of persons who have been authorized
to serve as the initial cadre of check pilots, chief instructors,
assistant chief instructors and TCEs for the purpose of developing
sufficient personnel to provide initial training in powered-lift in
accordance with approved training programs under parts 135, 141, and
142. These alternate requirements would apply if the flights are
conducted in type-certificated powered-lift at the manufacturer.
a. Aeronautical Experience Requirements Involving Training (Sec.
61.65(f))
As with test pilots, the FAA is proposing in Sec. 194.229(b)(1) to
permit these persons to receive the 15 hours of instrument training on
the areas of operation listed in Sec. 61.65(c) from an instructor
pilot in lieu of an authorized instructor. The instructor pilot would
be required to conduct the training in accordance with the
manufacturer's training curriculum. These persons would be required to
obtain a logbook or training record endorsement from the instructor
pilot certifying satisfactory completion of the manufacturer's training
curriculum for the same reasons the test pilot is required to receive
such an endorsement.
The FAA is also proposing to permit the instructor pilot to replace
the authorized instructor for (1) the 3 hours of instrument flight
training in a powered-lift in preparation for the practical test for an
instrument-powered-lift rating within 2 calendar months before the date
of the practical test in Sec. 61.65(f)(2)(i), set forth by proposed
Sec. 194.229(b)(2), and (2) the cross-country flight prescribed by
Sec. 61.65(f)(2)(ii), set forth by proposed Sec. 194.229(b)(3). The
FAA notes that the person receiving the training at the manufacturer
would also be required to obtain an endorsement from the instructor
pilot certifying the completion of this cross-country flight. For
reasons previously discussed, the FAA finds that there would be no
adverse impact on safety by permitting an instructor pilot to
temporarily replace the authorized instructor for the purpose of
satisfying these alternate experience requirements.
b. Aeronautical Experience Requirements Involving Logging PIC Flight
Time (Sec. 61.65(f)(1))
The FAA recognizes the obstacle with logging PIC time in accordance
with Sec. 61.51(e)(1) for the reasons stated previously. These
obstacles are relevant to persons seeking an instrument-powered-lift
rating because Sec. 61.65(f)(1) requires 10 hours of cross-country
time
[[Page 38976]]
as PIC in a powered-lift. Accordingly, consistent with the alternate
logging requirements proposed for persons seeking to add a powered-lift
category rating on a commercial pilot certificate, the FAA is proposing
in Sec. 194.229(c) to allow a person receiving training at the
manufacturer to log PIC flight time, despite not being rated in the
powered-lift, for flights when the person is solely manipulating the
controls of the powered-lift with an instructor pilot onboard, is
performing the duties of PIC, and the flight is conducted in accordance
with the manufacturer's training curriculum for the powered-lift. The
FAA finds that, for this select group of pilots, the risk mitigations
discussed earlier in this section with regard to test pilots and
instructor pilots would also apply to the proposed alternate logging
requirements discussed in this paragraph, thereby resulting in no
adverse impact to safety.
iii. Pilots Receiving Training Under an Approved Training Program: Use
of a Full Flight Simulator for Instrument Training for an Instrument-
Powered-Lift Rating
Because the FAA has proposed alternate pathways for pilots to
obtain the experience necessary to be eligible for the initial cadre of
instructors, parts 135, 141, and 142 approved training programs will
have access to a pool of authorized instructors. Therefore, the FAA
does not find it necessary to enable alternate experience requirements
for pilots receiving training under an approved training program that
substitute instructor or test pilots for authorized instructors.
Rather, the only necessary relief for pilots receiving training under
an approved training program is that of FSTD credit, as subsequently
explained.
With regard to the completion of instrument training in an FSTD,
Sec. 61.65(h) currently permits applicants for an instrument rating to
credit a certain amount of time in an FFS or FTD towards the instrument
time in Sec. 61.65, if the time was accomplished with an authorized
instructor. Specifically, an applicant may credit a maximum of 30 hours
performed in an FFS or FTD if the instrument time was completed in
accordance with part 142. If the instrument time is not completed in
accordance with part 142, the applicant may credit a maximum of 20
hours performed in an FFS or FTD. While the regulation currently
permits applicants for an instrument-powered-lift rating to credit time
obtained in an FFS or FTD, the time may be credited only towards the
instrument time specified in Sec. 61.65(f)(2).
The FAA is proposing in Sec. 194.231(c) to temporarily permit a
maximum of 4 hours obtained in a Level C or higher FFS to be credited
towards the flight time requirement in Sec. 61.65(f)(1), which
requires an applicant to obtain 10 hours of cross-country time as PIC
in a powered-lift.\146\ The 4 hours must include experience performing
the duties of PIC during a simulated cross-country flight in a Level C
or higher FFS that represents the powered-lift category and that
includes the performance of instrument procedures under simulated
instrument conditions. The FAA likewise is proposing in Sec.
194.231(c)(3) to permit 4 hours of PIC cross-country time in a Level C
or higher FFS only for those applicants who are undergoing an approved
training program under part 135, 141, or 142.
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\146\ Generally, the FAA does not allow for cross-country time
to be credited in a FFS because it does not depict a realistic
enroute environment under VMC. Verifying waypoints utilizing
pilotage and dead reckoning is not achievable with the visual
displays in a FFS because entire portions of the routes are usually
not depicted within databases that replicate the enroute
environment. However, under IMC conditions the pilot is not being
trained and tested on verifying visual reference with the use of
visual waypoints, but rather the pilot's ability to utilize
instrument navigation to fly along routes depicted on enroute and
terminal charts. These charts depict pertinent navigation
information that is not related to visually referencing waypoints
but utilizing information in the cockpit to verify an aircraft's
position. For these reasons, the FAA finds that allowing for this
time to be credited in a FFS is appropriate because the display and
cockpit information would be identical to that which a pilot would
operate in flight.
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Because this cross-country time must be time as PIC under Sec.
61.65(f)(1), the FAA finds that the reasons discussed for permitting
FFS credit towards the PIC flight time requirement in Sec.
61.129(e)(2)(i) (e.g., reasons pertaining to the approved training
program, the structured curriculum, and the value of gaining experience
performing the duties and functions of PIC in a simulated environment)
are equally applicable to the permitted FFS credit towards Sec.
61.65(f)(1). Additionally, with respect to obtaining cross-country time
as PIC, the FAA finds that temporarily permitting a maximum of 4 hours
in a Level C or higher FFS would not adversely affect safety in light
of the skills the pilot would develop in the FFS and the narrow
applicability of the alternate requirement to seasoned pilots who
already hold a commercial pilot certificate with an instrument rating.
Concerning the skills attained in the FFS, the FAA finds that, for the
purpose of establishing an initial cadre of powered-lift pilots, the
FFS enables the applicant to attain valuable experience for the purpose
of acquiring cross-country time for an instrument rating.
Pursuant to Sec. 61.1, cross-country time must involve the use of
dead reckoning, pilotage, electronic navigation aids, radio aids, or
other navigation systems to navigate to the landing point. In a Level C
or higher FFS that represents a powered-lift, the applicant would
acquire experience navigating to different airports by reference to the
instruments with the use of navigation aids and other navigation
systems. The applicant would also obtain experience interpreting
different approach charts and conducting a variety of instrument
approaches and departures. To the extent this experience would not
include communications with ATC, flight planning, or filing a flight
plan under IFR, the FAA finds that the skills a pilot would acquire
during these 4 hours combined with the skills a pilot would acquire
from conducting 6 hours of cross-country time in the NAS, which would
include those tasks, would ensure the pilot has sufficient experience
to apply for an instrument-powered-lift rating. Additionally, the
instrument rating practical test in a powered-lift, which includes a
task on cross-country flight planning, would serve as an adequate
safeguard to ensure the applicant is proficient with planning IFR
cross-country flights and filing IFR flight plans. Furthermore, the FAA
has determined that a minimum of Level C FFS would be required to
ensure the appropriate level of aerodynamic modeling, visual fidelity,
and motion cueing to replicate the powered-lift.
4. Alternate Requirements for Cross-Country Flights for Commercial
Pilot Certificate, Instrument Rating, and Private Pilot Certificate
Cross-country training and experience has been included in the
aeronautical experience required for pilot certification since the
issuance of the first Civil Aviation Regulations in 1938.\147\ Cross-
country experience develops the necessary air navigation skills to
operate an aircraft outside of a local flying environment that the
pilot is familiar with.\148\ Cross-country time ensures that the pilot
has experience applying knowledge during preflight planning that is
essential to the safety of flight including plotting a course on an
aeronautical chart, selecting checkpoints, measuring distances,
obtaining pertinent weather information, and computing flight time,
[[Page 38977]]
headings, and fuel requirements.\149\ The FAA also ensures the pilot
has experience executing cross-country flights during which the pilot
employs various skills and tools, including the use of dead
reckoning,\150\ pilotage,\151\ electronic navigation aids, radio aids,
and other navigation systems to navigate to the landing point. By
requiring a minimum amount of cross-country time in the category of
aircraft for which the rating is sought, the FAA ensures the pilot has
developed knowledge and skills that are specific to operating that
category of aircraft on a flight outside of the pilot's local flying
environment.
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\147\ Pilot Rating, 14 CFR 20.126, 20.146 (1938).
\148\ Air navigation is the process of piloting an aircraft from
one geographic position to another while monitoring one's position
as the flight progresses.
\149\ Pilot's Handbook of Aeronautical Knowledge, Chapter 16,
Introduction. https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/phak.
\150\ Dead reckoning is navigation solely by means of
computations based on time, airspeed, distance, and direction.
\151\ Pilotage is navigation by reference to landmarks or
checkpoints.
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For example, manipulating the flight controls of an airplane
differs from manipulating the flight controls of a helicopter. A pilot
conducting a cross-country flight in an airplane may take their hands
off the controls while performing the tasks required during the cross-
country. By contrast, a pilot conducting operations in a helicopter
generally has their feet and hands on the controls at all times. These
differences affect the performance of certain tasks, flight deck
management, and risk management during a cross-country flight and
ultimately require a skill set that is unique to the category of
aircraft. Furthermore, by requiring specific cross-country flights that
land at a point that is a specified distance from the original
departure point, the FAA ensures that trainees are exposed to realistic
cross-country flying conditions over terrain with which they are not
intimately familiar.\152\
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\152\ Cross-Country Experience Requirements for Pilot
Certification, Final Rule, 47 FR 46064, 46065 (Oct. 14, 1982).
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The FAA continues to support this type of experience as an
essential element of all pilot training, including training required to
pilot a powered-lift. Since aircraft are generally used for
transporting persons and property from one location to another, it is
imperative that a pilot be trained on and possess the aeronautical
experience involved in navigating a powered-lift safely from takeoff to
a destination other than the original point of departure.\153\
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\153\ Legal Interpretation to James Hilliard (2009) (stating
that the rationale behind the cross-country requirement is to
provide a pilot with aeronautical experience flying a significant
distance to and landing at an airport that is not the pilot's home
airport).
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Upon evaluating the expected range capabilities of powered-lift,
however, the FAA has determined that the distances specified in the
definition of ``cross-country time'' in Sec. 61.1 and the specific
cross-country flights prescribed in part 61 may not be feasible for the
powered-lift coming to market. In the following sections, the FAA
explains its proposal to adopt alternate provisions in proposed part
194 that would facilitate a pilot's ability to log cross-country time
in a powered-lift and complete cross-country flights over extended
terrain while still realizing the objectives of cross-country flight.
The FAA also explains its proposal to correct a cross-reference in the
definition of cross-country time and to ensure consistent usage of the
defined term throughout part 61.
i. Alternate Means To Log Cross-Country Time in Powered-Lift
Cross-country time is currently defined in Sec. 61.1(b).\154\
Within Sec. 61.1(b), there are multiple definitions of cross-country
time that are applicable based on how the cross-country time is used to
meet aeronautical experience \155\ requirements. Paragraph (i) of the
definition of cross-country time in Sec. 61.1(b), provides a
generalized definition of cross-country time that is applicable except
as provided in paragraphs (ii) through (vi).\156\ The current
definitions of cross-country time in paragraphs (ii), (vi), and (vii)
apply to the aeronautical experience requirements for powered-lift
ratings (including an instrument-powered-lift rating) for a private
pilot certificate, commercial pilot certificate, ATP certificate, or a
military pilot who qualifies for a commercial pilot certificate under
Sec. 61.73. To meet the definition of cross-country time for
aeronautical experience for powered-lift ratings, the flight time \157\
must include a landing point that is at least a straight-line distance
of more than 50 nautical miles from the original point of departure,
except for an ATP certificate and military pilots who qualify for a
commercial pilot certificate under Sec. 61.73, whereby cross-country
time for aeronautical experience does not require a landing point.
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\154\ Prior to 1997, part 61 did not contain a formal or
universal definition of cross-country time. Rather, where a
regulation did not specify parameters of flight that qualified as
cross-country, whether specific flight experience was considered
cross-country in character was a technical determination made by the
FAA. Legal Interpretation to Troy Wambolt (1993). In 1997, the FAA
added a new section, Sec. 61.1(b), Applicability and definitions,
to ensure consistent use of terms throughout part 61 (62 FR 16220
(April 4, 1997)); Pilot, Flight Instructor, Ground Instructor, and
Pilot School Certification Rules; Correction, Final Rule, 62 FR
40888 (Jul. 30, 1997). The FAA adopted specific definitions of
cross-country time to be applicable to separate circumstances of
aeronautical experience, which have been updated through subsequent
rulemaking. See Certification of Aircraft and Airmen for the
Operation of Light-Sport Aircraft, Final Rule, 69 FR 44772 (Jul. 27,
2004); Pilot Certification and Qualification Requirements for Air
Carrier Operations, Final Rule, 78 FR 42324 (Jul. 15, 2013).
\155\ The FAA also defines aeronautical experience in Sec.
61.1(b) as pilot time obtained in an aircraft, flight simulator, or
FTD for meeting the appropriate training and flight time
requirements for an airman certificate, rating, flight review, or
recency of flight experience requirements of part 61.
\156\ Paragraph (i) in the current definition of cross-country
time defines cross-country except as provided in paragraphs (ii)
through (vi) of the definition. As explained in section V.F of this
preamble, the FAA proposes to update the cross-reference to include
paragraph (vii) of the definition.
\157\ See 14 CFR 1.1 for the definition of flight time.
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Initially, when the FAA adopted the cross-country definition for
meeting the aeronautical experience requirements for powered-lift
ratings, the FAA adopted the same distance of 50 nautical miles that
applies to airplane ratings. After comparing the range capabilities for
popular single-engine airplanes with those for powered-lift, the FAA
has reconsidered the appropriate distance for logging cross-country
time in a powered-lift. Many of the popular single-engine airplanes
have ranges of 600-800 nautical miles. Thus, a 50 nautical mile
distance in these airplanes would equate to 6.25 to 8.3% of their
capable range. Based on a sampling of the powered-lift projects
currently undergoing the type certification process, the range
capabilities for the powered-lift coming to market span from 105-162
nautical miles.\158\ As such, a 50 nautical mile distance in these
powered-lift would equate to 31 to 48% of their capable range.
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\158\ The FAA notes that, currently, only one certification
project involves a powered-lift with a greater range.
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Given the significant disparity between the range capabilities, the
FAA finds it unnecessary to require cross-country time in a powered-
lift to include the same distance as that required for airplanes. The
FAA is therefore proposing to add Sec. 194.201 as a temporary
provision that would reduce the general distance for logging cross-
country time in a powered-lift from 50 nautical miles to 25 nautical
miles. Specifically, the proposed rule would permit a person to log
flight time in a powered-lift as cross-country time when that time (1)
includes a point of landing that is at least a straight-line distance
of more than 25 nautical miles
[[Page 38978]]
from the original point of departure,\159\ and (2) involves the use of
dead reckoning, pilotage, electronic navigation aids, radio aids, or
other navigation systems to navigate to the landing point.
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\159\ Powered-lift would not be the only aircraft for which
cross-country time must include a point of landing that is at least
a straight-line distance of more than 25 nautical miles from the
original point of departure. The FAA has defined cross-country time
for meeting the aeronautical experience requirements for a
rotorcraft rating in this manner since the definitions were first
adopted in 1997. Like powered-lift, smaller helicopters have shorter
range capabilities than airplanes. For example, the widely-used
helicopters that weigh between 2500-7500 pounds have ranges of 250-
440 nautical miles.
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Reducing the general distance for logging cross-country time in a
powered-lift from 50 nautical miles to 25 nautical miles would not
adversely affect a pilot's ability to develop the necessary air
navigation skills to operate a powered-lift outside of a local flying
environment. The FAA is not proposing to reduce the minimum amount of
cross-country time that must be obtained in a powered-lift. While the
FAA would permit a pilot to log shorter cross-country flights as cross-
country time, the pilot is nevertheless required to obtain the hours of
cross-country time in a powered-lift for the certificate or rating
sought. The reduction in nautical miles would not diminish the value of
the cross-country experience obtained. Because the FAA expects powered-
lift to operate flights of shorter duration (compared to airplanes) and
to landing points other than airports, reducing the distance to 25
nautical miles would facilitate the pilot's ability to acquire more
realistic cross-country experience in a powered-lift. For example,
reducing the distance to 25 nautical miles would ensure powered-lift
pilots are executing cross-country flights of a length that are
commensurate with those operations that will be conducted in the
operating environment after the pilot obtains the powered-lift category
rating.
The reduction in distance would also provide the pilot and their
flight instructor greater flexibility in selecting routes to landing
locations other than airports used for airplane takeoffs and landings,
such as heliports and helipads, which would result in valuable cross-
country experience for those pilots seeking to operate powered-lift.
Furthermore, despite the shorter distances, the pilot would still gain
experience with preflight planning, including plotting a course on an
aeronautical chart, selecting checkpoints, measuring distances,
obtaining pertinent weather information, and computing flight time,
headings, and fuel requirements. The pilot would also still gain
category-specific cross-country experience from handling the flight
controls of a powered-lift while simultaneously navigating the powered-
lift on the planned route to a destination other than the point of
departure, which includes finding en route checkpoints and using
navigation systems and radar services.
While an applicant for a powered-lift category rating or
instrument-powered-lift rating would be able to log cross-country time
in powered-lift that consists of shorter general distances (i.e., at
least more than 25 nautical miles), these applicants would still be
required to complete longer cross-country flights as part of the
specific aeronautical experience required for the certificate and
rating.\160\ As noted later in the discussion of alternate cross-
country flight requirements, applicants for a powered-lift rating would
still be required to conduct several cross-country training flights
that include distances of at least 50 nautical miles. Most pilots would
obtain the total hours of category-specific cross-country flight time
required to apply for a pilot certificate with a powered-lift category
rating by completing the specific cross-country flights proposed in the
SFAR.\161\ However, to the extent a pilot acquires fewer hours,\162\
the proposed alternate definition in Sec. 194.201 would permit that
pilot to log shorter cross-country flights to meet the remaining hours
of cross-country flight time required for the powered-lift category
rating.
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\160\ Since the FAA adopted the cross-country time definitions
in 1997, the specific aeronautical experience requirements for
certificates and ratings have prescribed cross-country flights with
minimum legs that exceed the general minimum distance specified in
the applicable definitions of ``cross-country time.'' For example,
cross-country time for airplanes as defined in Sec. 61.1 requires
the flight include a distance of at least 50 nautical miles, but
Sec. 61.129(a)(3)(iii) contains discrete cross-country training
requirements that require completion of cross-country flights that
include a distance of at least 100 nautical miles.
\161\ While the FAA is proposing to adopt provisions in the SFAR
that would require cross-country flights with shorter minimum legs
than those currently specified in Sec. 61.129(e), the FAA notes
that these requirements would serve as an alternative to the
requirements set forth in Sec. 61.129(e). Thus, an applicant for a
commercial pilot certificate with a powered-lift category rating
still has the option to complete the cross-country flights specified
in Sec. 61.129(e).
\162\ Section 61.129(e)(2)(ii) requires an applicant for a
commercial pilot certificate with a powered-lift category rating to
acquire 10 hours of cross-country flight time as PIC in a powered-
lift. Section 61.65(f) requires an applicant for an instrument-
powered-lift rating to obtain 10 hours of cross-country flight time
as PIC in a powered-lift.
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The FAA's proposed provision in Sec. 194.201 would govern the
logging of cross-country time in powered-lift for the purpose of
meeting the aeronautical experience requirements of part 61 that apply
to a powered-lift rating, including the cross-country time required for
an ATP certificate with a powered-lift category rating. Thus, upon
obtaining powered-lift ratings, a person would be permitted to log
cross-country time in accordance with Sec. 194.201 towards the 500
hours of cross-country time in Sec. 61.163(a)(1).
ii. Specific Cross-Country Requirements for a Commercial Pilot
Certificate
In addition to the alternate requirements for test pilots,
instructor pilots, and select pilots from parts 135, 141, and 142
discussed earlier, the FAA is proposing alternate cross-country
aeronautical experience requirements to those set forth in Sec.
61.129(e) for all applicants for a powered-lift category rating at the
commercial pilot certificate level. Section 61.129(e) requires three
specific cross-country flights in a powered-lift. Section
61.129(e)(3)(ii) requires one 2-hour cross country flight in a powered-
lift in daytime conditions that consists of a total straight-line
distance of more than 100 nautical miles from the original point of
departure. Section 61.129(e)(3)(iii) requires the same cross-country
flight but in nighttime conditions. Lastly, Sec. 61.129(e)(4)(i)
requires one cross-country flight of not less than 300 nautical miles
total distance with landings at a minimum of three points, one of which
is a straight-line distance of at least 250 nautical miles from the
original departure point.
The FAA mirrored the nautical mile distances required for airplanes
when it adopted these powered-lift cross-country requirements. As
explained in the previous section, the powered-lift coming to the
market have limited range capabilities when compared to the widely-used
single-engine airplanes. These ranges are well under what is currently
required by Sec. 61.129(e)(4)(i), which prescribes a long cross-
country flight that includes straight-line distance of at least 250
nautical miles from the original departure point. Because the long
cross-country flight specified in Sec. 61.129(e)(4)(i) will be
insurmountable for several powered-lift, the FAA finds it necessary to
provide an alternate means for applicants to obtain valuable cross-
country experience over unfamiliar terrain.
In place of the long cross-country flight in Sec. 61.129(e)(4)(i),
proposed Sec. 194.233(b) would permit an applicant to complete a
cross-country flight that consists of landings at a minimum of three
points, with one segment
[[Page 38979]]
consisting of a straight-line distance of at least 50 nautical miles
from the original point of departure. In determining the appropriate
distance, the FAA considered the current aeronautical experience
requirements for persons seeking a commercial pilot certificate with a
rotorcraft category and helicopter class rating under Sec. 61.129(c)
because, as previously explained, helicopters also tend to have shorter
range capabilities than airplanes. The aeronautical experience
requirements for persons seeking a commercial pilot certificate with a
helicopter rating have traditionally required cross-country flights
that include a distance of 50 nautical miles.\163\
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\163\ 14 CFR 61.129(c)(3)(ii) and (iii) and (c)(4)(i).
---------------------------------------------------------------------------
The distance of 50 nautical miles would be more compatible with the
range capabilities of current powered-lift coming to market and with
the intended operational use of these powered-lift (e.g., flights of
shorter duration compared to airplanes).\164\ However, because the
current regulation requires an applicant for a powered-lift rating to
navigate the powered-lift over a greater distance, the FAA finds it
necessary to impose an additional requirement to ensure the applicant
for a powered-lift rating obtains cross-country experience comparable
to that which would be obtained under the current powered-lift
regulation. As a result of reducing the straight-line distance from 250
nautical miles to 50 nautical miles, proposed Sec. 194.233(b) would
require an applicant seeking to comply with the alternate requirement
to complete an additional cross-country flight of the same specified
distance of 50 nautical miles. The proposed additional cross-country
flight would have to be conducted to different points of landing than
the initial cross-country flight. The FAA notes, however, that the
original point of departure may be the same, as pilots generally begin
cross-country flights at their home airport. These additional
requirements are intended to serve as risk mitigations to ensure the
alternate requirement does not have an adverse impact on safety.
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\164\ Powered-lift may emerge with greater range capabilities
and higher airspeeds. The proposed requirements are intended to be
temporary measures that would remove obstacles in the current
regulations and facilitate pilot certification for the powered-lift
coming to market. The FAA will continue to evaluate the powered-lift
seeking type certification and monitor the affect the proposed rule
on cross-country training. Based on this evaluation, the FAA will
reevaluate the appropriate distances for cross-country flight in a
powered-lift.
---------------------------------------------------------------------------
The proposed alternative requirement would result in less distance
over which the pilot would navigate the powered-lift in cruise flight;
however, the applicant would still obtain valuable cross-country
experience because they would be required to navigate the powered-lift
to twice as many landing locations as prescribed under the current
regulation. The proposed requirement for the second cross-country
flight to include landings at different points than the initial cross-
country flight would result in the applicant navigating the powered-
lift to at least four different landing locations other than the
pilot's home airport. Because the applicant would be required to plan
an additional cross-country flight to points that differ from those
selected for the initial cross-country flight, the applicant would
receive increased exposure to preflight planning. For example, the
applicant would be required to plot a new course on an aeronautical
chart, select new checkpoints over unfamiliar terrain, measure
distances to the landing points selected, and obtain pertinent weather
information on the day of the flight, all of which would differ from
that obtained for the initial cross-country flight. The applicant would
also be required to compute the flight time, headings, and fuel
requirements for the second cross-country flight, as well as monitor
the checkpoints while navigating the powered-lift to the different
points of landing.
Requiring the second cross-country flight to include landings at
different points than the initial cross-country flight would also
ensure the applicant obtains experience navigating the powered-lift to
destinations with which they are not intimately familiar, which would
increase the applicant's exposure to the use of navigational systems
and radar services. Additionally, because the conditions of the second
flight would inherently differ from the initial cross-country flight,
the applicant would be exposed to new cross-country scenarios that
require decision-making and risk management. Furthermore, requiring two
cross-country flights, each of which include a minimum of three points
with one segment consisting of a straight-line distance of at least 50
nautical miles, would ensure the pilot is exposed to realistic cross-
country flying conditions over at least 100 total nautical miles of
unfamiliar terrain. As a result, the applicant would still be exposed
to realistic cross-country flying while navigating the powered-lift to
locations outside of the pilot's local flying environment, which would
enable the pilot to apply and expand their knowledge of cross-country
flight and foster the development of air navigation skills.
Accordingly, the FAA concludes that the alternate cross-country
requirements proposed in the SFAR would not adversely affect safety
because they would ensure that the applicant obtains cross-country
experience that is comparable to that provided by the current
regulation.
The FAA is likewise proposing alternate requirements for the cross-
country flights that currently exist in Sec. 61.129(e)(3)(ii) and
(iii) (i.e., straight-line distance of at least 100 nautical miles from
the original departure point) for the reasons discussed earlier. Under
proposed Sec. 194.233(a), an applicant would be required to log at
least one 2-hour cross country flight in a powered-lift in daytime
conditions (proposed Sec. 194.233(a)(1)) and one 2-hour cross-country
flight in a powered-lift in nighttime conditions (proposed Sec.
194.233(a)(2)). Each of these proposed cross-country flights must
consist of a total straight-line distance of 50 nautical miles from the
original point of departure (rather than 100 nautical miles, which is
currently required by Sec. 61.129(e)(3)).
While the proposal would reduce the required distances for the
cross-country flights in Sec. 61.129(e)(3) from 100 nautical miles to
50 nautical miles, it would not reduce the required flight time (e.g.,
2 hours). Therefore, the pilot would still obtain cross-country
experience in the powered-lift for the duration of time that is
currently required by the regulations. However, consistent with the
previous explanation concerning the alternate requirements for Sec.
61.129(e)(4)(i), because the current regulation requires an applicant
for a powered-lift rating to navigate the powered-lift over a greater
distance, the FAA finds it necessary to impose an additional
requirement to ensure the applicant obtains the necessary air
navigation skills under the proposed alternate requirements. As a
result of reducing the straight-line distance from 100 nautical miles
to 50 nautical miles, the FAA proposes in Sec. 194.233(a)(3) to
require an additional cross-country flight of the same specified
distance of 50 nautical miles. Except for the original point of
departure, the additional cross-country flight must include landings at
different points than the points selected for the day and night cross-
country flights. For the same reasons discussed above, the FAA
concludes that the alternate requirements for the cross-country flights
that currently exist in Sec. 61.129(e)(3)(ii) and (iii) would not
adversely affect safety, provided the applicant completes the
additional
[[Page 38980]]
cross-country flight in accordance with proposed Sec. 194.233(a)(3).
In addition to the proposed safety mitigations discussed above, the
FAA finds that there are sufficient safeguards in the regulations to
prevent any reduction in safety. The applicant for a commercial pilot
certificate with a powered-lift category rating would still be required
to receive and log ground training from an authorized instructor on the
aeronautical knowledge areas specified in Sec. 61.125(b), which
includes several areas related to cross-country planning and air
navigation (e.g., meteorology, weight and balance computations, use of
performance charts, use of aeronautical charts and a magnetic compass
for pilotage and dead reckoning, use of air navigation facilities,
aeronautical decision making and judgment, and procedures for operating
within the NAS). The applicant would also still be required to receive
and log flight training from an authorized instructor on the areas of
operation specified in Sec. 61.127(b)(5), which includes
``navigation.'' \165\ Additionally, the applicant must meet the
aeronautical experience requirements that apply to the powered-lift
category rating (e.g., 10 hours of cross-country time in a powered-
lift) and pass the practical test on the areas of operation listed in
Sec. 61.127(b), which includes tasks on cross-country planning and
navigation.\166\
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\165\ 14 CFR 61.127(b)(5)(vii).
\166\ Specifically, Cross-Country Planning is a Task under Area
of Operation Preflight Preparation in the Commercial Pilot for
Powered-Lift Category ACS to ensure that applicants exhibit
satisfactory knowledge, risk management, and skills associated with
cross-country flights and VFR flight planning (e.g., route planning,
calculating fuel requirements, creation of navigation logs).
---------------------------------------------------------------------------
iii. Specific Cross-Country Requirements for an Instrument-Powered-Lift
Rating (Sec. 61.65(f))
In addition to the alternate requirements for test pilots,
instructor pilots, and select pilots from parts 135, 141, and 142
discussed earlier, the FAA is proposing alternate cross-country
aeronautical experience requirements for all applicants for an
instrument-powered-lift rating under Sec. 61.65(f). Currently, the
instrument training on cross-country flight procedures required in
Sec. 61.65(f)(2)(ii) must include a flight of 250 nautical miles along
airways or by directed routing from an ATC facility. For the reasons
stated previously, this cross-country distance is not appropriate for
the powered-lift coming to the market. Therefore, the FAA has
reconsidered the appropriate distances for cross-country flights for an
instrument-powered-lift rating.
While the 250 nautical mile requirement in Sec. 61.65(f)(2)(ii) is
not required to be in a straight-line distance, the FAA still finds
that it would be an obstacle for several powered-lift based on the
range capabilities that the FAA has evaluated. Therefore, in place of
the long cross-country flight in Sec. 61.65(f)(2)(ii)(A), proposed
Sec. 194.235(a)(2)(i) would permit an applicant to complete a cross-
country flight that involves a distance of 100 nautical miles along
airways or by directed routing from an ATC facility. The FAA again
considered the aeronautical experience requirements for persons seeking
an instrument-helicopter rating because, as previously explained,
helicopters also tend to have shorter range capabilities than
airplanes. As explained in this section the distance for helicopters
would be more compatible with the range capabilities of current
powered-lift coming to market and with the intended operational use of
these powered-lift (e.g., flights of shorter duration compared to
airplanes).
Consistent with the alternate requirements proposed for the cross-
country experience for a commercial pilot certificate, the FAA finds it
necessary to impose an additional requirement to ensure the applicant
for an instrument-powered-lift rating obtains experience comparable to
that which would be obtained under the current regulation. Thus, the
FAA is proposing to require the applicant to complete an additional
cross-country flight of the same specified distance of 100 nautical
miles.
Under the proposed cross-country experience requirements, the
applicant would navigate under IFR for a shorter overall distance. By
requiring the applicant to plan and conduct two cross-country flights
under IFR rather than one, the FAA would ensure the applicant receives
additional experience planning a cross-country flight under IFR and
navigating a powered-lift to destinations with which the applicant is
not intimately familiar while operating along airways or by receiving
direct routing from an ATC facility. Furthermore, the applicant would
acquire additional experience filing, activating, and closing an IFR
flight plan; navigating under IFR; interpreting appropriate and current
approach procedure charts; and performing instrument approaches with
the use of navigation systems. Therefore, while the proposed
requirements would result in less distance over which the applicant
would navigate the powered-lift under IFR, the additional cross-country
flight would serve as a risk mitigation to ensure the alternate
requirement does not adversely affect safety.
Similar to the proposed alternate cross-country experience
requirements discussed in this section of this preamble, there are
sufficient safeguards in the regulations to prevent any reduction in
safety. Under proposed Sec. 194.235(a)(1), the applicant for an
instrument-powered-lift rating would still be required to receive and
log ground training from an authorized instructor (or from an
instructor pilot) on the aeronautical knowledge areas set forth in
Sec. 61.65(b), which would ensure the applicant has the foundational
knowledge to plan and execute IFR cross-country flights. The applicant
would also still be required to receive and log flight training from an
authorized instructor (or from an instructor pilot) on the areas of
operation specified in Sec. 61.65(c), which includes ATC clearances
and procedures, flight by reference to the instruments, navigation
systems, and instrument approach procedures.\167\ Furthermore, the
applicant must meet the existing aeronautical experience requirements
that apply to the instrument-powered-lift rating (e.g., 10 hours of
cross-country flight time as PIC in a powered-lift) and pass the
practical test on the areas of operation in Sec. 61.65(c).
---------------------------------------------------------------------------
\167\ The introductory language in Sec. 61.65(f)(2) requires
that the flight time under that section cover the areas of operation
in Sec. 61.65(c); therefore, the cross-country flight required
under Sec. 61.65(f)(2)(ii)(A) must cover those areas.
---------------------------------------------------------------------------
The FAA is also proposing in Sec. 194.235(b) to provide relief
from the requirement in Sec. 61.65(f)(2)(ii) to perform instrument
training on cross-country procedures under instrument flight rules and
a flight plan filed with an air traffic control facility when an
aircraft is not certificated for IFR. This relief is necessary to
prevent a person from filing a flight plan for a powered-lift that is
certificated for VFR only operations in violation of Sec. 91.9. This
relief is available only when the pilot already holds an instrument
airplane rating, an instrument helicopter rating, or an ATP
certificate. These pilots would already have experience operating under
IFR and will have been tested on instrument procedures and regulations
governing IFR operations.\168\
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\168\ Based on the narrow applicability of this relief and the
temporary nature of the SFAR, the FAA finds that requiring the
applicant to hold either an instrument rating in an airplane or
helicopter or an ATP certificate would appropriately mitigate any
risk that may be introduced.
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[[Page 38981]]
iv. Specific Cross-Country Flights for Private Pilot Certificate (Sec.
61.109)
This proposed SFAR is intended to enable experienced pilots to
become the initial cadre of commercial powered-lift pilots. Once this
initial pathway is enabled, those individuals will be able to branch
out into the general aviation community with the experience garnered
through compliance with this SFAR. The FAA is proposing an alternate
pathway for these individuals at the commercial level as discussed in
this section of this preamble because they possess the knowledge,
skills, and abilities to a degree higher than what is expected of
private pilots. Moreover, the powered-lift currently working through
the aircraft certification process are complex aircraft intended to be
used for commercial passenger-carrying operations. The FAA does not
deem it necessary to grant relief from existing regulations at the
private pilot level initially due to an expected lack of trainer
aircraft for powered-lift limiting the ability to conduct student pilot
training in powered-lift.
The FAA expects this SFAR and accompanying permanent regulatory
amendments will facilitate flight training under part 61 in powered-
lift, including for those individuals seeking a powered-lift rating at
the private pilot certificate level. The rationale for offering relief
from the cross-country requirements for commercial pilots applies
equally to an applicant for a private pilot certificate. Therefore, the
FAA is proposing to reduce the nautical mile distances in the
aeronautical experience required to be eligible for a private pilot
certificate.
To obtain a private pilot certificate with a powered-lift category
rating, a person must satisfy the eligibility requirements for a
private pilot certificate, which are contained in Sec. 61.103. Section
61.103 contains several requirements, including the requirement for a
person to meet certain aeronautical experience set forth by Sec.
61.109 that apply to the aircraft category rating sought before
applying for the practical test.\169\ The aeronautical experience
requirements for a person seeking to obtain a private pilot certificate
with a powered-lift category rating or seeking to add a powered-lift
category rating to a private pilot certificate are contained in Sec.
61.109(e).
---------------------------------------------------------------------------
\169\ 14 CFR 61.103(g).
---------------------------------------------------------------------------
Specifically, Sec. 61.109(e) requires a person who applies for a
private pilot certificate with a powered-lift category rating to log at
least 40 hours of total flight time as a pilot, which must include at
least 20 hours of flight training from an authorized instructor and 10
hours of solo flight training on the areas of operation listed in Sec.
61.107(b)(5). Additionally, this flight training must include the
subsets of training set forth in Sec. 61.109(e)(1) through (5),
including specified cross-country flight training. First, Sec.
61.109(e)(1) requires training to include three hours of cross-country
training in a powered-lift. Section 61.109(e)(2)(i) requires training
to include one cross-country flight of over 100 nautical miles total
distance. Lastly, Sec. 61.109(e)(5) requires 10 hours of solo flight
time consisting of at least 5 hours cross-country time with one solo
cross-country flight of at least 150 nautical miles total distance with
full-stop landings at three points, of which one segment consists of
more than 50 nautical miles between the takeoff and landing locations.
As previously discussed in this section of the preamble, when the
FAA adopted the cross-country flight time requirements for a commercial
pilot certificate with a powered-lift category rating, the FAA mirrored
the nautical mile distance that was required for airplanes. The FAA
similarly mirrored the nautical mile distance required for airplanes
for the cross-country flight time requirements in obtaining a private
pilot certificate with a powered-lift category rating. For reasons
discussed in section E of this preamble, the FAA finds it unnecessary
to require cross-country flights in powered-lift at the private pilot
level to include the same distances as those required for airplanes.
Therefore, the FAA is proposing alternate aeronautical experience
requirements that would allow an applicant for a private pilot
certificate with a powered-lift category rating to complete the cross-
country flights in Sec. 61.109 at a reduced nautical mile distance.
First, in place of the cross-country flight in Sec.
61.109(e)(2)(i) (i.e., night flight training that includes one cross-
country flight over 100 nautical miles), proposed Sec. 194.237(a)
would require an applicant to receive three hours of night flight
training that includes two cross-country flights with each flight
consisting of a total distance that exceeds 50 nautical miles.
Consistent with the prior explanation concerning the alternate cross-
country experience requirements for Sec. 61.129(e)(3)(ii) and (iii)
and (e)(4)(i), the second cross-country flight would serve as a risk
mitigation to ensure that the applicant obtains the necessary air
navigation skills under the proposed alternate requirements. Therefore,
for the same reasons as previously discussed, the FAA finds the
proposed alternate cross-country experience requirements for the cross-
country flight that exists in Sec. 61.109(e)(2)(i) would not adversely
affect safety.
Additionally, in place of the solo cross-country flight that is
currently listed in Sec. 61.109(e)(5)(ii) (i.e., 150 nautical miles
total distance with one segment of the flight consisting of a straight-
line distance of more than 50 nautical miles), proposed Sec.
194.237(b) would set forth alternate solo cross-country experience.
Specifically, the applicant would be required to complete one solo
cross-country flight of 100 nautical miles total distance with landings
at three points and with one segment of the flight consisting of a
straight-line distance of more than 25 nautical miles (proposed Sec.
194.237(b)(1)).
However, consistent with the discussion in this section of this
preamble, it will be necessary to impose an additional requirement to
ensure the applicant obtains cross-country experience comparable to
that which would be obtained under the current regulation. Therefore,
the FAA proposes to require an additional solo cross-country flight to
be conducted in a powered-lift (proposed Sec. 194.237(b)(2)). This
additional solo cross-country flight would require landings at a
minimum of three points, with one segment consisting of a straight-line
distance of at least 50 nautical miles from the original point of
departure. The additional cross-country flight would be required to be
conducted to different points of landing than the initial cross-country
flight. The applicant would still obtain valuable cross-country
experience because the applicant would be required to navigate the
powered-lift to twice the number of landing locations than as currently
prescribed under Sec. 61.109(e), providing additional exposure to
preflight planning and experience at myriad landing points. The earlier
discussion of cross-country alternatives for commercial pilot
certificates further details the benefits of navigating the powered-
lift to twice as many landing locations, which is equally applicable in
this context.
While proposed Sec. 194.237 would reduce the required distances
for the cross-country flights in Sec. 61.109, it does not propose to
reduce the required flight time. A person seeking a private pilot
certificate with a powered-lift category rating would still be required
to obtain 3 hours of cross-country flight training in a powered-lift,
pursuant to Sec. 61.109(e)(1), and 5 hours of cross-
[[Page 38982]]
country solo flight time in a powered-lift under proposed Sec.
61.109(e)(5)(i).\170\ The SFAR proposal simply accounts for the
operational capabilities of powered-lift by the reduction of required
nautical miles, while continuing to ensure that the pilot has
sufficient cross-country experience and has developed skills that are
specific to operating a powered-lift on a flight outside of the pilot's
local flying environment corresponding to the private pilot level.
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\170\ Currently, Sec. 61.109(e)(5) permits an applicant to
obtain 10 hours of solo flight time in either an airplane or a
powered-lift. For the reasons discussed in section I.H of this
preamble, the FAA is proposing to amend Sec. 61.109(e)(5) to
require the solo flight time to be obtained in a powered-lift.
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Furthermore, as previously discussed in this section,
notwithstanding the current definitions of cross-country time in Sec.
61.1(b), the FAA is proposing to allow flight time logged in a powered-
lift as cross-country time provided, in pertinent part, that the time
was acquired during a flight that includes a point of landing that was
at least a straight-line distance of more than 25 nautical miles from
the original point of departure. The FAA notes that this proposal would
apply to cross-country flight training time in a powered-lift required
by Sec. 61.109(e)(1) and solo cross-country time required by Sec.
61.109(e)(5)(i).\171\
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\171\ This merely reduces the distance requirements listed in
Sec. 61.109(e)(2)(i) and (e)(5)(ii) to mirror those required in
Sec. 61.109(c)(2)(i) and (c)(5)(ii) for helicopters. Private pilot
applicants for a powered-lift rating must meet all other
aeronautical experience requirements provided in Sec. 61.109(e).
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v. Part 141 Appendices
The FAA notes that certain existing minimum curriculum requirements
for a part 141 pilot school seeking approval to utilize a powered-lift
specified in the part 141 appendices mirror the cross-country
requirements set forth in Sec. Sec. 61.65(f), 61.109(e), and
61.129(e). For example, paragraph 4.(b)(5)(ii) and (iii) of appendix D
requires one 2-hour cross country flight in daytime conditions in a
powered-lift and one 2-hour cross country flight in nighttime
conditions in a powered-lift that each consist of a total straight-line
distance of more than 100 nautical miles from the original point of
departure; these requirements correspond to those set forth in Sec.
61.129(e)(3)(ii) and (iii). This is also the case with the minimum
cross-country curriculum requirements in appendix B, paragraphs
4.(b)(5)(ii)(A) and 5.(e)(1) for a private powered-lift certification
course (mirroring Sec. 61.109(e)(2)(i) and (e)(5)); appendix C,
paragraph 4.(c)(3)(ii) for an instrument-powered-lift rating course
(mirroring Sec. 61.65(d)(2)(ii)); appendix D, paragraph 5.(e)(2) for a
commercial powered-lift certification course (mirroring Sec.
61.129(e)(4)(i)); and appendix M, paragraphs 4.(b)(4)(ii)(A),
4.(b)(4)(iii)(A), and 5.(d)(1) for a combined private pilot
certification and instrument rating course.
For the reasons discussed in section V.E, the FAA has found that
the alternate cross-country requirements in proposed Sec. Sec.
194.233, 194.235, and 194.237 would not adversely impact safety, and
that part 141 pilot schools should be able to utilize these alternate
cross-country distances. Therefore, FAA proposes Sec. 194.239(b) to
facilitate this substitution, on the condition that the training course
include an additional cross-country flight consistent with the
requirements of Sec. Sec. 194.233, 194.235, and 194.237, as
applicable.
vi. Technical Correction and Nomenclature Change
While considering the alternate cross-country requirements proposed
in the SFAR, the FAA became aware of the need for a technical
correction in the definition of cross-country time in Sec. 61.1(b).
Currently, paragraph (i) of the definition provides the general
definition of cross-country time ``[e]xcept as provided in paragraphs
(ii) through (vi) of this definition.'' However, the definition of
cross-country time includes paragraphs (ii) through (vii). Paragraph
(vii) contains the cross-country time definition for a military pilot
who qualifies for a commercial pilot certificate (except with a
rotorcraft category rating) under Sec. 61.73. Thus, like paragraphs
(ii) through (vi), paragraph (vii) contains an exception to the general
definition of cross-country time in paragraph (i). The FAA is,
therefore, proposing to correct the cross-reference in paragraph (i) of
the definition to refer to paragraphs (ii) through (vii) of the
definition.
Further, while considering the alternate requirements for the
cross-country aeronautical experience in Sec. 61.129(e), the FAA noted
that the nomenclature concerning ``cross-country time'' is inconsistent
throughout part 61. The definition contained in Sec. 61.1(b)
references ``cross-country time'' whereas the regulations often use the
nomenclature ``cross-country flight time.'' The FAA is proposing to
remove ``cross-country flight time'' throughout part 61 and replace the
term with the words ``cross-country time.'' This proposed change would
ensure consistent usage of the defined term throughout the regulations.
The following sections would be amended to reflect this nomenclature
change: Sec. Sec. 61.65(d), (e), (f), (g) introductory text, (g)(1)
and (2); 61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i); 61.159(a)(1),
(a)(5)(i); 61.160(e), (f); 61.161(a)(1); 61.163(a)(1), (a)(3)(i); and
61.411(a)(1)(iii) and (iv), (c)(1)(iii) and (iv), (d)(1)(iii) and (iv),
(f)(1)(iii) and (iv), (g)(1)(iii) and (iv).
5. Alternate Experience and Logging Summaries
i. Summary Tables for Obtaining a Commercial Pilot Certificate With
Powered-Lift Rating
As noted, the proposed rule language to facilitate airmen
certification for a commercial pilot certificate with a powered-lift
rating involves several alternate experience and logging requirements.
To facilitate readability of the alternate requirements that would
apply to persons seeking powered-lift ratings, the FAA has
compartmentalized the rule language into individual sections depending
on the powered-lift ratings sought. Tables 2, 3, and 4 contain the
proposed alternate provisions for a commercial pilot certificate with a
powered-lift rating.
Table 2--Alternate Provisions for a Commercial Pilot Certificate With a
Powered-Lift Category Rating: Test Pilots and Instructor Pilots
------------------------------------------------------------------------
Alternate
Current flight time Alternate provisions for provisions for
requirements (Sec. test pilots * instructor
61.129(e)) pilots *
------------------------------------------------------------------------
Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered- No alternative. No alternative.
aircraft, of which 50 hours
must be in a powered-lift.
------------------------------------------------------------------------
[[Page 38983]]
PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight A test pilot who is not An instructor
time, which includes at rated in the powered- pilot who is
least-- lift may log PIC flight not rated in
(1) 50 hours in a powered- time in the experimental the powered-
lift, and. powered-lift if (1) the lift may log
(2) 50 hours in cross- test pilot is the sole PIC flight
country flight of which 10 manipulator of the time in the
must be in powered-lift.. controls, (2) the test experimental
pilot is acting as PIC, powered-lift
and (3) the flight is if (1) acting
conducted for the as PIC, and
purpose of R&D or (2) the flight
showing compliance. is conducted
See proposed Sec. for the
194.217(c). purpose of
crew training.
See proposed
Sec.
194.219(c).
------------------------------------------------------------------------
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the Test pilot may receive In lieu of
areas of operation listed this training from an receiving this
in Sec. 61.127(b)(5) that instructor pilot (rather training, an
includes at least-- than an authorized instructor
instructor) if (1) pilot may
training is conducted in provide the
accordance with the manufacturer's
manufacturer's training training
curriculum, and (2) test curriculum to
pilot receives a test pilot,
endorsement from which includes
instructor pilot 20 hours of
certifying satisfactory training on
completion of the the areas of
curriculum. operation
See proposed Sec. listed in Sec.
194.217(b)(1).
61.127(b)(5).
Instructor
pilot must
receive
endorsement
from
management
official
certifying
that
instructor
pilot provided
the training.
See proposed
Sec.
194.219(b)(1).
(1) 10 hours of instrument Test pilot may receive Instructor
training using a view- this instrument training pilot may
limiting device including from instructor pilot in satisfy this
attitude instrument flying, an experimental powered- requirement by
partial panel skills, lift in accordance with providing
recovery from unusual the manufacturer's instrument
flight attitudes, and proposed training training to
intercepting and tracking curriculum. test pilot in
navigational systems. 5 See proposed Sec. accordance
hours of the 10 hours 194.217(b)(1). with the
required on instrument manufacturer's
training must be in a proposed
powered-lift. training
curriculum.
See proposed
Sec.
194.219(b)(1).
(2) The following cross- Test pilot may complete Instructor
country flights-- all of the following pilot may
One 2-hour cross cross-country flights-- complete all
country flight in a powered- One 2-hour cross country of the same
lift in daytime conditions flight in a powered-lift alternate
that consists of a total in daytime conditions cross-country
straight-line distance of that consists of a total flights as
more than 100 nautical straight-line distance test pilot.
miles from the original of more than 50 nautical See proposed
point of departure; and. miles from the original Sec.
One 2-hour cross point of departure; 194.233(a).
country flight in a powered- One 2-hour cross country
lift in nighttime flight in a powered-lift
conditions that consists of in nighttime conditions
a total straight-line that consists of a total
distance of more than 100 straight-line distance
nautical miles from the of more than 50 nautical
original point of miles from the original
departure; and. point of departure; and
An additional cross-
country flight with
landings at a minimum of
three points, with one
segment consisting of a
straight-line distance
of at least 50 nautical
miles from the original
point of departure. The
additional cross-country
flight must include
landings at different
points than the first
two cross-country
flights.
See proposed Sec.
194.233(a).
(3) 3 hours in a powered- Test pilot may accomplish Instructor
lift with an authorized the practical test pilot may
instructor in preparation preparation with an accomplish the
for the practical test instructor pilot (rather practical test
within the preceding 2 than an authorized preparation
calendar months from the instructor). with another
month of the test. See proposed Sec. instructor
194.217(b)(2). pilot (rather
than an
authorized
instructor).
See proposed
Sec.
194.219(b)(2).
------------------------------------------------------------------------
Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight Test pilot may complete The alternate
time in a powered-lift or 10 hours of solo flight provision for
10 hours of flight time time under an test pilots
performing the duties of endorsement from an also applies
PIC in a powered-lift with instructor pilot or 10 to instructor
an authorized instructor on hours of flight time pilots.
board (either of which may performing the duties of See proposed
be credited towards the PIC in a powered-lift Sec.
flight time requirement with either a test pilot 194.219(b)(3).
under Sec. 61.129(e)(2), or an instructor pilot
on the areas of operation onboard.
listed in Sec. See proposed Sec.
61.127(b)(5)) that 194.217(b)(3).
includes--
[[Page 38984]]
(1) One cross-country flight Test pilot may complete Instructor
of not less than 300 two cross-country pilot may
nautical miles total flights with landings at complete the
distance with landings at a a minimum of three same alternate
minimum of three points, points, with one segment cross-country
one of which is a straight- consisting of a straight- flights as
line distance of at least line distance of at test pilot.
250 nautical miles from the least 50 nautical miles See proposed
original departure point. from the original point Sec.
However, if this of departure. The second 194.233(b).
requirement is being met in cross-country flight
Hawaii the longest segment must include landings at
need only have a straight- different points than
line distance of at least the first cross country
150 nautical miles; and flight.
See proposed Sec.
194.233(b).
(2) 5 hours in night VFR No alternative. No alternative.
conditions with 10 takeoffs
and 10 landings (with each
landing involving a flight
in the traffic pattern) at
an airport with an
operating control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
in an experimental powered-lift at the manufacturer and the test
pilots and instructor pilots must be authorized by the Administrator
to act as PIC of the experimental powered-lift. See proposed Sec.
Sec. 194.217(a) and 194.219(a).
Table 3--Alternate Provisions for a Commercial Pilot Certificate With a
Powered-Lift Category Rating: Initial Cadre of Check Pilots, Chief
Instructors, Assistant Chief
Instructors, and Training Center Evaluators
------------------------------------------------------------------------
Alternate provisions for
initial cadre of check pilots,
Current flight time requirements (Sec. chief instructors, assistant
61.129(e)) chief instructors, and TCEs *
(herein referred to as
applicants)
------------------------------------------------------------------------
Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered-aircraft, of which No alternative.
50 hours must be in a powered-lift.
------------------------------------------------------------------------
PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight time, which An applicant who is not rated
includes at least-- in the powered-lift may log up
(1) 50 hours in a powered-lift, and.... to 40 hours of PIC flight time
(2) 50 hours in cross-country flight of in a powered-lift for flights
which 10 must be in powered-lift.. that are conducted in
accordance with a
manufacturer's training
curriculum if the applicant is
(1) the sole manipulator of
the controls, (2) manipulating
the controls of the powered-
lift with an instructor pilot
onboard, and (3) performing
the duties of PIC.
See proposed Sec. 194.221(c).
------------------------------------------------------------------------
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the areas of An applicant may receive this
operation listed in Sec. training from an instructor
61.127(b)(5) that includes at least-- pilot (rather than an
authorized instructor) if (1)
training is conducted in
accordance with the
manufacturer's training
curriculum, and (2) applicant
receives endorsement from
instructor pilot certifying
satisfactory completion of the
curriculum.
See proposed Sec.
194.221(b)(1).
(1) 10 hours of instrument training An applicant may receive this
using a view-limiting device including instrument training from
attitude instrument flying, partial instructor pilot in a type
panel skills, recovery from unusual certificated powered-lift in
flight attitudes, and intercepting and accordance with the
tracking navigational systems. 5 hours manufacturer's training
of the 10 hours required on instrument curriculum.
training must be in a powered-lift. See proposed Sec.
194.221(b)(1).
[[Page 38985]]
(2) The following cross-country An applicant may complete all
flights-- of the following cross-country
One 2-hour cross country flights--
flight in a powered-lift in daytime One 2-hour cross country flight
conditions that consists of a total in a powered-lift in daytime
straight-line distance of more than conditions that consists of a
100 nautical miles from the original total straight-line distance
point of departure; and. of more than 50 nautical miles
One 2-hour cross country from the original point of
flight in a powered-lift in nighttime departure;
conditions that consists of a total One 2-hour cross country flight
straight-line distance of more than in a powered-lift in nighttime
100 nautical miles from the original conditions that consists of a
point of departure; and. total straight-line distance
of more than 50 nautical miles
from the original point of
departure; and
An additional cross-country
flight with landings at a
minimum of three points, with
one segment consisting of a
straight-line distance of at
least 50 nautical miles from
the original point of
departure. The additional
cross-country flight must
include landings at different
points than the first two
cross-country flights.
See proposed Sec. 194.233(a).
(3) 3 hours in a powered-lift with an An applicant may accomplish the
authorized instructor in preparation practical test preparation
for the practical test within the from an instructor pilot
preceding 2 calendar months from the (rather than an authorized
month of the test. instructor).
See proposed Sec.
194.221(b)(2).
------------------------------------------------------------------------
Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight time in a An applicant may complete 10
powered-lift or 10 hours of flight hours of solo flight time
time performing the duties of PIC in a under an endorsement from an
powered-lift with an authorized instructor pilot or 10 hours
instructor on board (either of which of flight time performing the
may be credited towards the flight duties of PIC in a powered-
time requirement under Sec. lift with an instructor pilot
61.129(e)(2), on the areas of onboard (rather than an
operation listed in Sec. authorized instructor).
61.127(b)(5)) that includes-- See proposed Sec.
194.221(b)(3).
(1) One cross-country flight of not An applicant may complete two
less than 300 nautical miles total cross-country flights with
distance with landings at a minimum of landings at a minimum of three
three points, one of which is a points, with one segment
straight-line distance of at least 250 consisting of a straight-line
nautical miles from the original distance of at least 50
departure point. However, if this nautical miles from the
requirement is being met in Hawaii the original point of departure.
longest segment need only have a The second cross-country
straight-line distance of at least 150 flight must include landings
nautical miles; and at different points than the
first cross country flight.
See proposed Sec. 194.233(b).
(2) 5 hours in night VFR conditions No alternative.
with 10 takeoffs and 10 landings (with
each landing involving a flight in the
traffic pattern) at an airport with an
operating control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
in a type-certificated powered-lift at the manufacturer and the
applicant must be authorized by the Administrator to serve as an
initial check pilot, chief instructor, assistant chief instructor, or
training center evaluator for the purpose of initiating training in a
powered-lift under an approved training program under part 135, 141,
or 142, as appropriate. See proposed Sec. 194.221(a).
Table 4--Alternate Provisions for a Commercial Pilot Certificate With a
Powered-Lift Category Rating: Persons Receiving Training Under a Part
135, 141, or 142 Approved Training Program
------------------------------------------------------------------------
Alternate provisions for
persons receiving training
Current flight time requirements (Sec. under a part 135, 141, or
61.129(e)) 142 approved training
program * (herein referred
to as applicants)
------------------------------------------------------------------------
Powered-Aircraft Time
------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50 No alternative.
hours must be in a powered-lift.
------------------------------------------------------------------------
PIC Flight Time
------------------------------------------------------------------------
100 hours of PIC flight time, which An applicant who is not
includes at least-- rated in the powered-lift
.(1) 50 hours in a powered-lift, and may log up to 40 hours of
(2) 50 hours in cross-country flight of PIC flight time in a
which 10 must be in powered-lift powered-lift for flights
that are conducted in
accordance with an approved
training program under part
135, 141 or 142 if the
applicant is (1) the sole
manipulator of the
controls, (2) manipulating
the controls of the powered-
lift with an authorized
instructor onboard, and (3)
performing the duties of
PIC.
See proposed Sec.
194.223(c).
An applicant may
credit up to 15 hours
obtained in a level C or
higher FFS toward the
requirement to obtain 50
hours of PIC flight time in
a powered-lift if (1) the
FFS represents the powered-
lift category, (2) the
applicant was performing
the duties of PIC, and (3)
the flights are conducted
in accordance with an
approved training program
under part 135, 141 or 142.
See proposed Sec.
194.233(d).
------------------------------------------------------------------------
[[Page 38986]]
Training on the Areas of Operation listed in Sec. 61.127(b)(5)
------------------------------------------------------------------------
20 hours of training on the areas of No alternative.
operation listed in Sec. 61.127(b)(5)
that includes at least--
(1) 10 hours of instrument training using No alternative.
a view-limiting device including attitude
instrument flying, partial panel skills,
recovery from unusual flight attitudes,
and intercepting and tracking
navigational systems. 5 hours of the 10
hours required on instrument training
must be in a powered-lift.
(2) The following cross-country flights-- An applicant may complete
One 2-hour cross country flight all of the following cross-
in a powered-lift in daytime conditions country flights--
that consists of a total straight-line One 2-hour cross
distance of more than 100 nautical miles country flight in a powered-
from the original point of departure; and lift in daytime conditions
One 2-hour cross country flight that consists of a total
in a powered-lift in nighttime conditions straight-line distance of
that consists of a total straight-line more than 50 nautical miles
distance of more than 100 nautical miles from the original point of
from the original point of departure; and departure;
One 2-hour cross
country flight in a powered-
lift in nighttime
conditions that consists of
a total straight-line
distance of more than 50
nautical miles from the
original point of
departure; and
An additional cross-
country flight with
landings at a minimum of
three points, with one
segment consisting of a
straight-line distance of
at least 50 nautical miles
from the original point of
departure. The additional
cross-country flight must
include landings at
different points than the
first two cross-country
flights.
(See proposed Sec.
194.211(b))
See proposed Sec.
194.233(a).
(3) 3 hours in a powered-lift with an No alternative.
authorized instructor in preparation for
the practical test within the preceding 2
calendar months from the month of the
test.
------------------------------------------------------------------------
Solo Flight Time or Flight Time Performing the Duties of PIC
------------------------------------------------------------------------
Ten hours of solo flight time in a powered- No alternative.
lift or 10 hours of flight time
performing the duties of PIC in a powered-
lift with an authorized instructor on
board (either of which may be credited
towards the flight time requirement under
Sec. 61.129(e)(2), on the areas of
operation listed in Sec. 61.127(b)(5))
that includes--
(1) One cross-country flight of not less An applicant may complete
than 300 nautical miles total distance two cross-country flights
with landings at a minimum of three with landings at a minimum
points, one of which is a straight-line of three points, with one
distance of at least 250 nautical miles segment consisting of a
from the original departure point. straight-line distance of
However, if this requirement is being met at least 50 nautical miles
in Hawaii the longest segment need only from the original point of
have a straight-line distance of at least departure. The second cross-
150 nautical miles; and country flight must include
landings at different
points than the first cross
country flight.
See proposed Sec.
194.233(b).
(2) 5 hours in night VFR conditions with No alternative.
10 takeoffs and 10 landings (with each
landing involving a flight in the traffic
pattern) at an airport with an operating
control tower.
------------------------------------------------------------------------
* To use the alternate provisions below, the applicant must receive
training at an approved training program under part 135, 141, or 142
for the purpose of obtaining a powered-lift category rating.
ii. Summary Tables for Obtaining an Instrument-Powered-Lift Rating
As noted, the proposed rule language to facilitate airmen
certification for an instrument-powered-lift rating involves several
alternate experience and logging requirements. To facilitate
readability of the alternate requirements that would apply to persons
seeking powered-lift ratings, the FAA has compartmentalized the rule
language into individual sections depending on the powered-lift ratings
sought. Tables 5, 6, and 7 summarize the proposed alternate provisions
for an instrument-powered-lift rating.
[[Page 38987]]
Table 5--Alternate Provisions for an Instrument-Powered-Lift Rating:
Test Pilots and Instructor Pilots
------------------------------------------------------------------------
Alternate
Current flight time Alternate provisions for provisions for
requirements (Sec. test pilots * instructor
61.65(f)) pilots *
------------------------------------------------------------------------
Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country A test pilot who is not An instructor
time as PIC, of which 10 rated in the powered- pilot who is
hours must have been in a lift may log PIC flight not rated in
powered-lift. time in the experimental the powered-
powered-lift toward the lift may log
10-hour cross-country PIC flight
time requirement if (1) time in the
the test pilot is the experimental
sole manipulator of the powered-lift
controls, (2) the test towards the 10-
pilot acting as PIC of hour cross-
the powered-lift, and country time
(3) the flight is requirement if
conducted for the (1) acting as
purpose of R&D or PIC of the
showing compliance. powered lift,
See proposed Sec. and (2) the
194.225(c). flight is
conducted for
the purpose of
crew training.
See proposed
Sec.
194.227(c).
------------------------------------------------------------------------
Instrument Time on the Areas of Operation listed in Sec. 61.65(c)
------------------------------------------------------------------------
40 hours of actual or Test pilot may receive 15 In lieu of
simulated instrument time hours of instrument receiving the
in the areas of operation training on the areas of 15 hours of
listed in Sec. 61.65(c), operation listed in Sec. instrument
of which 15 hours must have 61.65(c) from an training on
been received from an instructor pilot (rather the areas of
authorized instructor who than an authorized operation
holds an instrument-powered- instructor) if the listed in Sec.
lift rating, and the training is conducted in 61.65(c), an
instrument time includes: accordance with the instructor
manufacturer's proposed pilot may
training curriculum, and provide this
test pilot receives instrument
endorsement from training to
instructor pilot the test pilot
certifying satisfactory in accordance
completion of the with the
curriculum. manufacturer's
See proposed Sec. proposed
194.225(b)(1). training
curriculum.
Instructor
pilot must
receive
endorsement
from
management
official
certifying
that
instructor
pilot provided
the training.
See proposed
Sec.
194.227(b)(1).
(1) 3 hours of instrument Test pilot may accomplish Instructor
flight training from an the practical test pilot may
authorized instructor in a preparation with an accomplish the
powered-lift that is instructor pilot (rather practical test
appropriate to the than an authorized preparation
instrument-powered-lift instructor). with another
rating within 2 calendar See proposed Sec. instructor
months before the date of 194.225(b)(2). pilot (rather
the practical test; and. than an
authorized
instructor).
See proposed
Sec.
194.227(b)(2).
(2) Instrument flight Test pilot may
training on cross-country complete the cross- Instructor
flight procedures, country flight with an pilot may
including one cross-country instructor pilot (rather complete the
flight in a powered-lift than an authorized cross-country
with an authorized instructor). flight with
instructor that is Instead of another
performed under IFR, when a completing one cross- instructor
flight plan has been filed country flight of 250 pilot (rather
with an ATC control nautical miles, a test than an
facility, that involves-- pilot may complete two authorized
A flight of 250 cross-country flights, instructor).
nautical miles along each of which must
airways or by directed involve a flight of 100 Instructor
routing from an ATC nautical miles along pilot may
facility;. airways or by directed complete the
An instrument routing from an ATC same alternate
approach at each airport; facility.\1\ cross-country
and. See proposed Sec. Sec. flights as
Three different 194.225(b)(4) and test pilot.
kinds of approaches with 194.235(a). See proposed
the use of navigation Sec. Sec.
systems. 194.227(b)(4)
and
194.235(a).
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
in an experimental powered-lift at the manufacturer and the test
pilots and instructor pilots must be authorized by the Administrator
to act as PIC of the experimental powered-lift. See proposed Sec.
Sec. 194.225(a) and 194.227(a).
\1\ The other requirements in Sec. 61.65(f)(2)(ii) would continue to
apply for persons not utilizing the relief under proposed Sec.
194.235(b). Thus, each cross-country flight with the reduced 100-
nautical mile distance must be performed under IFR when a flight plan
has been filed with an ATC facility and must involve (1) an instrument
approach at each airport and (2) three different kinds of approaches
with the use of navigation systems.
Table 6--Alternate Provisions for an Instrument-Powered-Lift Rating:
Initial Cadre of Check Pilots, Chief Instructors, Assistant Chief
Instructors, and Training Center Evaluators
------------------------------------------------------------------------
Alternate provisions for
initial cadre of check pilots,
Current flight time requirements (Sec. chief instructors, assistant
61.65(f)) chief instructors, and TCEs *
(herein referred to as
applicants)
------------------------------------------------------------------------
Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country time as PIC, An applicant who is not rated
of which 10 hours must have been in a in the powered-lift may log
powered-lift. PIC flight time in the powered-
lift towards the 10-hour cross-
country time requirement for
flights that are conducted in
accordance with a
manufacturer's training
curriculum if the applicant is
(1) the sole manipulator of
the controls, (2) manipulating
the controls of the powered-
lift with an instructor pilot
onboard, and (3) performing
the duties of PIC.
See proposed Sec. 194.229(c).
------------------------------------------------------------------------
[[Page 38988]]
Instrument Time on the Areas of Operation listed in Sec. 61.65(c)
------------------------------------------------------------------------
40 hours of actual or simulated An applicant may receive 15
instrument time in the areas of hours of instrument training
operation listed in Sec. 61.65(c), on the areas of operation
of which 15 hours must have been listed in Sec. 61.65(c) from
received from an authorized instructor an instructor pilot (rather
who holds an instrument-powered-lift than an authorized instructor)
rating, and the instrument time if the training is conducted
includes: in accordance with the
at least--............................. manufacturer's training
curriculum, and the applicant
receives endorsement from
instructor pilot certifying
satisfactory completion of the
curriculum.
See proposed Sec.
194.229(b)(1).
(1) 3 hours of instrument flight An applicant may accomplish the
training from an authorized instructor practical test preparation
in a powered-lift that is appropriate from an instructor pilot
to the instrument-powered-lift rating (rather than an authorized
within 2 calendar months before the instructor).
date of the practical test; and. See proposed Sec.
194.229(b)(2).
(2) Instrument flight training on cross- Applicant may complete
country flight procedures, including the cross-country flight with
one cross-country flight in a powered- an instructor pilot (rather
lift with an authorized instructor than an authorized
that is performed under IFR, when a instructor).
flight plan has been filed with an ATC Instead of completing
control facility, that involves-- one cross-country flight of
A flight of 250 nautical miles 250 nautical miles, an
along airways or by directed routing applicant may complete two
from an ATC facility;. cross-country flights, each of
An instrument approach at each which must involve a flight of
airport; and. 100 nautical miles along
Three different kinds of airways or by directed routing
approaches with the use of navigation from an ATC facility.\1\
systems. See proposed Sec. Sec.
194.229(b)(4) and 194.235(a).
------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted
in a type-certificated powered-lift at the manufacturer and the
applicant must be authorized by the Administrator to serve as an
initial check pilot, chief instructor, assistant chief instructor, or
training center evaluator for the purpose of initiating training in a
powered-lift under an approved training program under part 135, 141,
or 142, as appropriate. See proposed Sec. 194.229(a).
\1\ The other requirements in Sec. 61.65(f)(2)(ii) would continue to
apply for persons not utilizing the relief under proposed Sec.
194.235(b). Thus, each cross-country flight with the reduced 100-
nautical mile distance must be performed under IFR when a flight plan
has been filed with an ATC facility and must involve (1) an instrument
approach at each airport and (2) three different kinds of approaches
with the use of navigation systems.
Table 7--Alternate Provisions for an Instrument-Powered-Lift Rating:
Persons Receiving Training Under a Part 135, 141 or 142 Approved
Training Program
------------------------------------------------------------------------
Alternate provisions for
persons receiving training
Current flight time requirements (Sec. under a part 135, 141 or 142
61.65(f)) approved training program *
(herein referred to as
applicants)
------------------------------------------------------------------------
Cross-Country Time as PIC
------------------------------------------------------------------------
50 hours of cross-country time as PIC, An applicant may credit up to 4
of which 10 hours must have been in a hours obtained in a level C or
powered-lift. higher FFS toward the
requirement to obtain 10 hours
of cross-country time as PIC
in a powered-lift if (1) the
FFS represents the powered-
lift category, (2) the
applicant was performing the
duties of PIC, (3) the flight
simulates a cross-country
flight and includes the
performance of instrument
procedures under simulated
instrument conditions and (3)
the flights are conducted in
accordance with an approved
training program under part
135, 141 or 142.
See proposed Sec. 194.231(c).
------------------------------------------------------------------------
Instrument Time on the Areas of Operation listed in Sec. 61.65(c)
------------------------------------------------------------------------
40 hours of actual or simulated No alternative.
instrument time in the areas of
operation listed in Sec. 61.65(c),
of which 15 hours must have been
received from an authorized instructor
who holds an instrument-powered-lift
rating, and the instrument time
includes:
at least--.............................
(1) 3 hours of instrument flight No alternative.
training from an authorized instructor
in a powered-lift that is appropriate
to the instrument-powered-lift rating
within 2 calendar months before the
date of the practical test; and
[[Page 38989]]
(2) Instrument flight training on cross- Instead of completing one cross-
country flight procedures, including country flight of 250 nautical
one cross-country flight in a powered- miles, an applicant may
lift with an authorized instructor complete two cross-country
that is performed under IFR, when a flights, each of which must
flight plan has been filed with an ATC involve a flight of 100
control facility, that involves-- nautical miles along airways
A flight of 250 nautical miles or by directed routing from an
along airways or by directed routing ATC facility.\1\
from an ATC facility;. See proposed Sec. Sec.
An instrument approach at each 194.231(b) and 194.235(a).
airport; and.
Three different kinds of
approaches with the use of navigation
systems.
------------------------------------------------------------------------
* To use the alternate provisions below, the applicant must receive
training at an approved training program under part 135, 141, or 142
for the purpose of obtaining a powered-lift category rating.
\1\ The other requirements in Sec. 61.65(f)(2)(ii) would continue to
apply for persons not utilizing the relief under proposed Sec.
194.235(b). Thus, each cross-country flight with the reduced 100-
nautical mile distance must be performed under IFR when a flight plan
has been filed with an ATC facility and must involve (1) an instrument
approach at each airport and (2) three different kinds of approaches
with the use of navigation systems.
6. Alternate Endorsement Requirements for Certain Persons Seeking
Powered-Lift Ratings
Part 61 requires an applicant for a certificate or rating to
receive certain endorsements from an authorized instructor. For
example, an applicant must receive an endorsement from an authorized
instructor certifying that the person has received training on the
areas of operation applicable to the certificate or rating sought. An
applicant is also required to receive a solo flight endorsement from an
authorized instructor pursuant to Sec. 61.31(d)(2). Additionally, to
be eligible to take a practical test for a certificate or rating, an
applicant must have an endorsement from an authorized instructor
certifying that the applicant has received and logged training time
within 2 calendar months preceding the month of the practical test and
is prepared to take the required practical test.
Under Sec. 61.51(h), a person may log training time when that
person receives training from an authorized instructor in an aircraft,
full flight simulator, flight training device, or aviation training
device. The training time must be endorsed in a legible manner by the
authorized instructor and include a description of the training given,
the length of the training lesson, and the authorized instructor's
signature, certificate number, and certificate expiration date. Section
61.1(b) defines ``authorized instructor,'' in pertinent part, as a
person who holds a flight instructor certificate issued under part 61
and is in compliance with Sec. 61.197, when conducting ground training
or flight training in accordance with the privileges and limitations of
his or her flight instructor certificate. Section 61.195(b), which
prescribes flight instructor limitations, restricts a flight instructor
from conducting training in an aircraft unless the flight instructor
holds the appropriate ratings on their flight instructor certificate.
As previously discussed, the SFAR would permit test pilots and the
initial cadre of instructors who will provide training under the
approved training program to receive training from an instructor pilot
at the manufacturer for the purpose of adding powered-lift ratings to a
commercial pilot certificate even though the instructor pilot does not
meet the current definition of ``authorized instructor'' in FAA
regulations. Because the initial cadre of instructors would also add
powered-lift rating to their flight instructor certificate, these
persons would also be required to receive the training and endorsements
required under subpart H of part 61 from the instructor pilot. In
addition to the training and endorsements for test pilots and the
initial cadre of instructors by instructor pilots, the SFAR would
permit the instructor pilots to credit the training they provide under
the manufacturer's curriculum toward the training requirements for the
instructor pilots' own powered-lift ratings.
An instructor pilot at a powered-lift manufacturer may not hold a
flight instructor certificate with powered-lift ratings when providing
training under the alternate requirements in part 194. Thus, without
relief in the SFAR, certain instructor pilots would be prohibited under
part 61 from providing logbook or training record endorsements
certifying that they have provided the required training in accordance
with the manufacturer's training curriculum and the pilot is prepared
for the practical test. The FAA is, therefore, proposing in Sec.
194.213 to permit instructor pilots to provide the required logbook or
training record endorsements contained in part 61 for a commercial
pilot certificate with a powered-lift category rating, an instrument-
powered-lift rating, a powered-lift type rating, or a flight instructor
certificate with powered-lift ratings. This privilege to provide
endorsements, however, extends only to applicants who are (1) test
pilots or instructor pilots, or (2) persons authorized by the
Administrator to serve as an initial check pilot, chief instructor,
assistant chief instructor, or TCE for the purpose of initiating
training in a powered-lift under an approved training program under
part 135, 141, or 142.
With respect to applicants for a practical test who are instructor
pilots, the FAA is proposing an alternate experience requirement that
would require an instructor pilot to receive training in preparation
for the practical test from another instructor pilot at the
manufacturer. Therefore, when an instructor pilot provides an
endorsement to another instructor pilot, that endorsement would certify
that the applicant is prepared for the practical test. Consistent with
the current prohibition in Sec. 61.195(i), which prohibits a flight
instructor from making any self-endorsements for a certificate, rating
or practical test, the FAA finds it would be inappropriate to permit
the instructor pilot to make a self-endorsement. Therefore, the FAA is
proposing to require the instructor pilot to receive an endorsement
from a management official within the manufacturer's organization
certifying that the instructor pilot has provided the manufacturer's
training curriculum to a test pilot in accordance with the proposed
alternate experience requirements in the SFAR. To certify that the
instructor pilot has provided the training, the management official
[[Page 38990]]
must hold a position within the organization that enables the
management official to have knowledge of the training content provided.
F. Training in an Approved Program Under Parts 135, 141, and 142
In section E of this preamble, the FAA proposes alternate logging
requirements for a person to obtain a powered-lift category rating and
an instrument-powered-lift rating on their commercial certificate. To
be eligible for the some of the alternate requirements, the proposal
requires that a pilot must satisfactorily complete the applicable
curricula for those ratings in an approved training program under part
135, 141, or 142. After completion of the approved curricula, a person
must satisfactorily complete the applicable practical test to obtain
powered-lift ratings.\172\
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\172\ As discussed later in this section, the FAA is proposing
to allow pilots to complete part 135 testing and checking activity
in lieu of the practical test for powered-lift ratings at the
commercial pilot certificate level.
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As discussed in more detail later in this section, part 141 pilot
schools and part 142 training centers are structured to provide
alternate methods to obtain training and testing for part 61
certification. These parts contain specific requirements governing
curriculum approval, facilities, and personnel. The part 61 training
and certification activity at a part 141 pilot school or a part 142
training center is not limited to a particular certificate level,
meaning they are able to conduct training and administer practical
tests that result in the issuance of a commercial pilot certificate
with category and class ratings, instrument ratings, and type ratings
if they have approved courses for the certificate and ratings, the
appropriate facilities, and instructors who meet the qualification
requirements of the respective parts. Further, existing provisions in
parts 141 and 142 also permit certain employees of the part 141 pilot
school or part 142 training center to be designated to conduct
practical tests on behalf of the FAA. This training and certification
activity at part 141 pilot schools and part 142 training centers is
appropriate as these air agencies were established as an alternate
means to conduct part 61 training and testing.
By contrast, there is currently no provision to allow a part 135
operator to conduct training and testing for a commercial pilot
certificate or to add category and class ratings or instrument ratings
to a commercial pilot certificate. This limitation on training and
testing for part 61 certification is appropriate because part 135
training and checking requirements are not structured to achieve airman
certification but rather are structured to qualify pilots to serve in a
particular aircraft in the operational environment of part 135.\173\
Historically, airplane and helicopter pilots would have no need to
receive commercial pilot certification training at a part 135 operator
because these pilots hold the appropriate certificates and ratings
before employment at the operator, since these certificates and ratings
are the minimum regulatory requirements to serve as a pilot at a part
135 operator. As such, these pilots would have obtained these minimum
certificates and ratings through the traditional building block
approach to airman certification discussed earlier.
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\173\ Since 2014, part 135 operators have had the option to
obtain approval to provide the Airline Transport Pilot Certification
Training Program (ATP CTP), which is a prerequisite for the ATP
knowledge test. 14 CFR 135.336.
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While a part 135 operator may not conduct part 61 training and
testing, the FAA has acknowledged in regulation that certain training,
testing, and checking activity in part 135 may be accepted in lieu of
meeting part 61 requirements. For example, Sec. 61.157(c) permits an
employee of a part 135 operator to forgo the part 61 training and
endorsements required under part 61 for an aircraft type rating to be
added to an ATP certificate or an aircraft type rating to be obtained
concurrently with an ATP certificate provided the applicant presents a
training record that shows completion of that certificate holder's
approved training program for the aircraft type rating. The part 135
operator is not obligated to change any aspect of its part 135 training
program to align with the part 61 requirements. Rather, part 61 accepts
the part 135 training activity in lieu of meeting the part 61 training
requirement for a type rating. In addition to accepting part 135
training for part 61 purposes, Sec. 61.157(f) allows the completion of
part 135 competency and instrument proficiency checks to meet the
flight proficiency requirements of a practical test but only for the
issuance of an ATP certificate with appropriate aircraft ratings. To
result in certification, the checks must be conducted by an FAA
Aviation Safety Inspector (ASI), an Aircrew Program Designee (APD), or
a TCE.
Even at the commercial pilot certificate level, Sec.
61.63(d)(6)(ii) allows an employee of a part 135 operator to credit
training in the operator's approved training program toward training
and endorsements required by part 61 to obtain a type rating on a
commercial pilot certificate. Unlike the ATP certificate, however,
Sec. 61.63(d)(6) does not allow the part 135 competency and instrument
proficiency checks to count for the type rating practical test. Rather,
the applicant must complete the practical test with a designated pilot
examiner (DPE) or ASI under part 61, and the test must be consistent
with the applicable type rating testing standard.\174\
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\174\ For example, for an airplane type rating, the practical
test must be consistent with the Airline Transport and Type Rating
for Airplane ACS or the Airline Transport Pilot and Aircraft Type
Rating PTS for Helicopter.
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The following sections discuss the FAA's proposals for training
pilots for powered-lift ratings under approved programs at parts 135,
141, and 142 and how a part 135 operator may opt to conduct this
training to ensure that its pilots obtain the proper powered-lift
ratings on their commercial pilot certificates to serve in part 135
powered-lift operations.
1. Part 135
As noted, part 135 training and checking is designed to qualify a
pilot to serve in a particular aircraft in the specific operation the
part 135 operator is authorized to conduct. For airplanes and
helicopters, a part 135 pilot generally holds the minimum certificate
and ratings for the type of operations being conducted by the operator
when they are hired. The minimum certificates and ratings ensure the
pilot has the foundational aeronautical knowledge and skills required
of a pilot serving in commercial operations, and the part 135 training
and checking, which is specific to the aircraft and the authorized
operations, ensures that the pilot is qualified for the operational
environment of part 135. The part 135 training and checking includes
the operational policies and procedures specific to the operator, such
as crew resource management, flight planning procedures, authorized
approach procedures, and operations in weather conditions like icing
conditions.
i. Airman Certification Training Curricula
The FAA is proposing a temporary provision in Sec. 194.243(a)(1)
to allow a part 135 operator who obtains authorization to conduct
powered-lift operations to seek approval to establish and implement a
training curriculum to satisfy the following: (1) ground training,
flight training, and aeronautical experience requirements in Sec.
61.65 for the addition of an instrument-powered-lift rating to a
commercial pilot certificate; \175\ (2)
[[Page 38991]]
ground training, flight training, and aeronautical experience
requirements in Sec. 61.63(b) for the addition of an aircraft category
rating to a commercial pilot certificate; and (3) ground and flight
training requirements in Sec. 61.63(d) to add a type rating to a
commercial pilot certificate.
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\175\ Some part 135 operators will conduct only VFR operations.
As described in section V.J of this preamble, the FAA is proposing
that powered-lift pilots conducting VFR operations must nevertheless
hold an instrument-powered-lift rating similar to the instrument-
airplane rating that is required for pilots conducting part 135 VFR
airplane operations. Because powered-lift pilots will be required to
hold an instrument rating even when performing under VFR, the FAA is
proposing to allow part 135 operators to provide training for
instrument ratings under an approved airman certification
curriculum.
---------------------------------------------------------------------------
The FAA understands that, unlike airplanes and helicopters, a part
135 operator conducting powered-lift operations may not be able to hire
pilots who hold the necessary powered-lift category ratings on their
commercial pilot certificates. Therefore, the FAA proposes to allow a
part 135 operator to provide ground and flight training to meet the
requirements of Sec. Sec. 61.125(b), 61.127(b)(5), and 61.129(e) for a
powered-lift category rating; \176\ Sec. 61.65(b), (c), and (f) for an
instrument-powered-lift rating; and Sec. 61.63(d) for an aircraft type
rating. A part 135 operator would not be required to offer this part 61
training. Nevertheless, this proposal allows part 135 operators the
flexibility to determine whether providing such training is necessary
to develop a sufficient number of qualified pilots for its operations.
The FAA envisions that the pilots would complete the certification
training before transitioning to the operator's part 135 training;
however, the FAA would approve one curriculum if it meets all of the
part 61 aeronautical experience requirements and the part 135 training
requirements.
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\176\ Other than the relief proposed in the SFAR, there is no
regulatory relief to obtaining an additional category rating on an
existing pilot certificate. Section 61.63(b) requires a person
applying for a new category rating to complete all of the training
and have the applicable aeronautical experience for the certificate
and ratings. As such, Sec. 61.63(b) requires an applicant to meet
the requirements in Sec. Sec. 61.125, 61.127, and 61.129 to add a
powered-lift category rating to an existing commercial pilot
certificate. By contrast, a person adding a class rating must only
obtain a logbook or training record endorsement from an authorized
instructor attesting that the person was found competent in the
appropriate aeronautical knowledge areas and proficient in the
appropriate areas of operation, without meeting the applicable
aeronautical experience requirements for the class rating.
---------------------------------------------------------------------------
A part 135 operator who wants to provide this type of training to
its pilots would submit their curricula to the responsible Flight
Standards Office for approval in accordance with Sec. 135.325. The FAA
has determined that additional and updated inspector guidance will be
needed for Flight Standards Offices to ensure consistency with all
powered-lift operators' certification curricula.
ii. Curriculum Content
As previously discussed, an applicant for powered-lift ratings at
the commercial pilot level would be required to meet the part 61
requirements or the alternate requirements proposed in new part 194.
These requirements involve foundational ground and flight training and
aeronautical experience that normally would not be included in a part
135 training curriculum. For example, a part 135 operator would not
require its pilots to obtain solo flight time or cross-country flight
time as is required for powered-lift commercial pilot certification.
Moreover, the operator's training curriculum may not involve certain
tasks and maneuvers in the ACS for a category rating or instrument
rating. For example, the Commercial Pilot--Airplane ACS requires pilots
to complete chandelles and lazy eights to add an airplane category with
a single-engine land or single-engine sea class rating to a commercial
pilot certificate. The purpose of testing these performance maneuvers
is to conduct a basic evaluation of a pilot's proficiency in flight
control application, maneuver planning, situational awareness, and
division of attention.\177\ However, these performance maneuvers serve
no operational purpose in part 135 operations and would not be
conducted during routine part 135 operations. Therefore, a part 135
operator would not generally include these maneuvers in their part 135
training curriculum.
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\177\ Airplane Flying Handbook (FAA-H-8083-3), Chapter 10.
---------------------------------------------------------------------------
Nevertheless, under proposed Sec. 194.243(a), an operator would be
able to seek approval to offer this type of training in conjunction
with its part 135 operator training to qualify its pilots for part 135
operations. The airman certification curriculum would be required to
satisfy the aeronautical experience requirements (including the 20
hours of training) in Sec. 61.129(e) (as required by Sec. 61.63(b))
or the applicable alternate requirements set forth by proposed part
194, the requirements for an instrument rating in Sec. 61.65(f) or the
applicable alternate requirements set forth by proposed part 194, and
the requirements for adding a type rating in Sec. 61.63(d).\178\ As
discussed later in this section, the FAA is proposing that the operator
may use the competency check and instrument proficiency check required
by part 135 to satisfy the practical test requirements with some
modifications.
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\178\ Operators that need to provide type ratings to powered-
lift pilots who already hold powered-lift category ratings and
instrument-powered-lift ratings would follow existing regulations in
the same manner as operators using airplanes and rotorcraft that
require the pilot to hold a type rating.
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In addition, the FAA notes that, under the special rules in Sec.
135.324, a certificate holder may contract with, or otherwise arrange
to use the services of, a training center certificated under part 142
to conduct training, testing, and checking required by part 135
provided the part 142 training center meets the requirements in Sec.
135.324(b).\179\ This rule would extend to the part 135 operator's
approved certification curricula under the SFAR. As such, an operator
could partner with a part 142 training center, which would deliver the
part 135 operator's approved certification curriculum. Likewise, the
operator could simply send its pilots to a part 141 pilot school or
part 142 training center to obtain the necessary powered-lift ratings
before returning to the part 135 operator to complete the required part
135 training and checking.
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\179\ Section 135.324 also allows a part 135 operator to use
another part 135 operator to provide its training program under
contract or other arrangement. That flexibility would also be
available to operators for the proposed certification curriculum.
---------------------------------------------------------------------------
iii. Pilot Eligibility
The FAA is also proposing eligibility standards for the pilots who
may be trained under a part 135 airman certification training
curriculum, which would be set forth by proposed Sec. 194.243(a)(3).
As proposed, a certificate holder may train a pilot for powered-lift
ratings only if the pilot is employed by the part 119 certificate
holder. This limitation is consistent with other part 61 provisions
that recognize training activity by part 135 operators and with the
rationale for expanding part 135 training, namely, to grant flexibility
to operators trying to qualify sufficient pilots for their operations.
The pilots would also be required to meet the certificate and rating
requirements of proposed Sec. 194.215(a), which would require at least
a commercial pilot certificate with either an airplane category rating
with single or multiengine class rating and an instrument-airplane
rating, or a rotorcraft category rating with a helicopter class rating
and an instrument-helicopter rating. This proposal is consistent with
the alternate experience requirements in proposed part 194, and the FAA
proposes to impose it on the part 135 operator for
[[Page 38992]]
the same reasons identified in the discussion of that proposal.
iv. Part 135 Instructors
Currently, the instructors in part 135 are not required to hold a
part 61 flight instructor certificate. Rather, a part 135 instructor
must meet only the specific part 135 instructor qualification and
training requirements in Sec. Sec. 135.338 and 135.340, respectively.
Among these requirements, the instructor must be PIC qualified for the
aircraft and the operation,\180\ satisfactorily complete the approved
part 135 instructor ground and flight training, and may undergo
continued observation by their POI, if necessary, or the operator's
check pilots to ensure the quality and effectiveness of the instruction
after initial instructor acceptance. Part 135 instructors focus on
training pilots in a particular aircraft in the specific operation
rather than on basic airman certification requirements. This training
includes the operator's specific policies and procedures detailed in
its manuals, such as crew resource management, flight planning
procedures, authorized approach procedures, and operations in weather
conditions like icing conditions.
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\180\ This includes holding the airman certificates and ratings
required to serve as a PIC in the certificate holder's operations,
satisfactorily completing the training phases for the aircraft,
including recurrent training, that are required to serve as a PIC in
the certificate holder's part 135 operations, satisfactorily
completing the instrument proficiency and competency checks that are
required to serve as a PIC in the certificate holder's part 135
operations, and if instructing in an aircraft inflight, meeting the
PIC recency of experience requirements.
---------------------------------------------------------------------------
By contrast, to provide flight training to another person to meet
the requirements for a certificate, rating, or privilege, part 61
generally requires a person to hold a flight instructor certificate
issued under that part with the appropriate ratings on that
certificate. Specifically, pursuant to Sec. 61.3(d)(2), a person must
hold a flight instructor certificate issued under part 61 to give
training required to qualify a person for solo flight and solo cross-
country flight and to give certain endorsements. These endorsements
include endorsing an applicant for a pilot certificate and ratings,
flight instructor certificate and ratings, and ground instructor
certificate and ratings issued under part 61, endorsing a pilot logbook
to show training given, or endorsing a logbook for solo operating
privileges.\181\
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\181\ 14 CFR 61.3(d)(2)(ii) through (iv).
---------------------------------------------------------------------------
There are certain instances, however, when a flight instructor
certificate issued under part 61 is unnecessary. For example, under
Sec. 61.3(d)(3)(ii), a flight instructor certificate is not necessary
to provide the training and endorsements if the training is given by
the holder of an ATP certificate with a rating appropriate to the
aircraft in which the training is given, provided the training is given
in accordance with the privileges of the ATP certificate \182\ and
conducted in accordance with an approved air carrier training program
under part 121 or 135. The FAA notes that this exception from holding a
flight instructor certificate is narrow. It does not permit the holder
of an ATP certificate to offer flight training for meeting part 61
requirements outside of a part 121 or 135 training program. Rather, the
ATP must be independently qualified under the instructor requirements
in part 121 or 135 and may, in the course of providing the part 135 or
121 training, give endorsements for part 61 purposes if the part 121 or
135 training aligns with a particular requirement in part 61. For
example, an operator's training program may include flight training in
a pressurized aircraft capable of operating at high altitudes. In such
instances, a part 135 instructor who also holds an ATP certificate
would be able to provide the endorsement required by Sec. 61.31(g).
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\182\ Under Sec. 61.167(a)(2)(i), an ATP may instruct other
pilots in air transportation service in aircraft of the category,
class, and type, as applicable, for which the ATP is rated and
endorse the logbook or other training record of the person to whom
training has been given.
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In addition, although a part 135 operator does not conduct part 61
training, the FAA has acknowledged that certain training, testing, and
checking activity in part 135 may be accepted in lieu of meeting part
61 requirements. For example, as discussed, a part 135 commercial pilot
may forego the specific training required under part 61 for a type
rating training if the pilot receives a flight training record
endorsement from a part 135 certificate holder attesting that the
person completed the certificate holder's approved ground and flight
training program for the aircraft type.\183\
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\183\ 14 CFR 61.63(d)(6).
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When a commercial pilot receives training at a part 135 operator in
an aircraft that requires a type rating, the pilot already holds the
appropriate category and class ratings on at least their commercial
pilot certificate. Therefore, while the holder of an ATP certificate
with the appropriate ratings may instruct other pilots in air
transportation service, they are currently limited to instructing other
pilots who have already passed the commercial pilot practical test in
the category and class of aircraft for which the type rating is sought.
As a result, these pilots will have already satisfied the aeronautical
experience requirements for at least a commercial pilot certificate in
the appropriate category and class of aircraft (e.g., at least 50 hours
of PIC time in the category or class of aircraft for which the type
rating is sought).\184\ Additionally, these pilots will have already
demonstrated proficiency and competency within the approved standards
for a commercial pilot certificate in the appropriate category and
class of aircraft.\185\
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\184\ Pursuant to Sec. 61.129(a) and (b), an applicant for a
commercial pilot certificate with an airplane rating must have at
least 50 hours of PIC time in the airplane category. Similarly,
pursuant to Sec. 61.129(c), an applicant for a commercial pilot
certificate with a helicopter rating must have at least 50 hours of
PIC time in a helicopter.
\185\ 14 CFR 61.43(a)
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Currently, approved training programs under part 135 do not include
training and testing required to add category and instrument ratings to
a commercial pilot certificate nor does part 61 accept part 135
training and checking activity in lieu of part 61 requirements for a
commercial pilot certificate. Therefore, the exception in Sec.
61.3(d)(3)(ii) does not enable the holder of an ATP certificate to
provide training for part 61 certification (other than the existing
allowances for type ratings or an ATP certificate).\186\ Furthermore,
the instruction privileges afforded to an ATP certificate holder are
limited to those privileges specified in Sec. 61.167(a).\187\ To
provide flight training and issue endorsements for a commercial pilot
certificate or an instrument rating, a person is currently required to
hold a flight instructor certificate issued under part 61.\188\
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\186\ 14 CFR 61.63(d)(6), 61.157(c).
\187\ Section 61.167(a)(2)(i) states, in pertinent part, that
the holder of an ATP certificate may instruct other pilots in air
transportation service in aircraft of the category, class, and type,
as applicable, for which the ATP is rated. Section 61.167(a)(2)(iii)
states that ATP certificate holders may only instruct as provided in
Sec. 61.167, except that an ATP who also holds a flight instructor
certificate can exercise the instructor privileges under subpart H
of part 61 in an aircraft for which he or she is rated.
\188\ 14 CFR 61.193(a)
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The FAA's proposal to allow part 135 operators to implement a
training curriculum that satisfies the training and aeronautical
experience requirements for a commercial pilot certificate with a
powered-lift category rating and an instrument-powered-lift rating
would expand the narrow exception in Sec. 61.3(d)(3)(ii).
Specifically, it would enable part 135 instructors who hold ATP
certificates with powered-lift ratings to provide training in a
powered-lift to pilots
[[Page 38993]]
seeking to add a powered-lift category rating and an instrument-
powered-lift rating to their commercial pilot certificate through the
part 135's airman certification curriculum. This ATP certificate
requirement would initially present an obstacle for powered-lift
because there would be a limited number of persons who would be able to
meet the aeronautical experience requirements for an ATP certificate
with a powered-lift category rating. However, even with enough ATP
certificate holders with the appropriate powered-lift ratings, the FAA
has determined that a person must hold a flight instructor certificate
issued under part 61 with the appropriate ratings to provide training
for the purpose of adding a powered-lift category rating or an
instrument rating to a commercial pilot certificate. This determination
is based on (1) the lack of powered-lift experience held by pilots
completing the part 135 training program, and (2) the curriculum
content required for the issuance of a commercial pilot certificate
with a powered-lift category rating and an instrument-powered-lift
rating.
Unlike the current part 135 training environment, most powered-lift
pilots would come to the part 135 operator with no experience operating
a powered-lift. As a result, these pilots would receive their initial
training in a powered-lift at the part 135 operator, which presents a
unique challenge with respect to instructor qualifications considering
the airman certification curriculum content that the part 135
instructor would be responsible for delivering.
As previously discussed, the curriculum content required to add a
powered-lift category rating and an instrument-powered-lift rating to a
commercial pilot certificate must include foundational ground and
flight training and aeronautical experience that would normally not be
included in a part 135 training curriculum. For the issuance of a
powered-lift category rating on a commercial pilot certificate, the
training must cover the knowledge areas specified in Sec. 61.125(b)
and the areas of operation contained in Sec. 61.127(b)(5). For the
issuance of an instrument-powered-lift rating, the training must cover
the knowledge areas specified in Sec. 61.65(b) and the areas of
operation contained in Sec. 61.65(c). For example, an applicant for a
commercial pilot certificate with a powered-lift category rating must
be trained and tested on cross-country flight planning, navigation
(e.g., pilotage, dead reckoning, lost procedures, and diversion), slow
flight, accelerated stalls, rapid deceleration and quick stop, and
dynamic rollover.\189\
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\189\ Commercial Pilot for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
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The holder of a flight instructor certificate with a powered-lift
category rating, however, would be qualified to provide training on
these tasks and maneuvers because each of these tasks and maneuvers are
included on the powered-lift flight instructor practical test.\190\
Thus, a person seeking a flight instructor certificate with a powered-
lift category rating would be trained and tested on their understanding
of these tasks and maneuvers, their application of that knowledge to
manage associated risks, and their ability to demonstrate the
appropriate skills and provide effective instruction for each of these
tasks and maneuvers. However, these tasks and maneuvers would normally
not be included in a part 135 approved training program for a powered-
lift type rating. Additionally, unlike the person who holds the flight
instructor certificate with a powered-lift category rating, the holder
of an ATP certificate with a powered-lift type rating would not have
been trained or tested on their ability to provide effective
instruction on these tasks and maneuvers.
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\190\ Flight Instructor for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
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Upon evaluating the curriculum content, the FAA has determined that
any risk to safety that would result from permitting pilots to receive
foundational certification training at a part 135 operator would be
minimized by requiring the instructor to hold a flight instructor
certificate with appropriate powered-lift ratings, as proposed in Sec.
194.243(a)(2). By requiring a person to hold a flight instructor
certificate with the appropriate powered-lift ratings, the FAA would
ensure that the person providing training on the required knowledge
areas and areas of operation can provide effective instruction on the
foundational tasks and maneuvers, demonstrate the skills required to
perform those tasks and maneuvers within the approved standards, and
analyze and correct common errors that occur during training of those
tasks and maneuvers.\191\
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\191\ Flight Instructor for Powered-Lift Category ACS (Draft),
Docket No. FAA-2022-1463.
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The FAA recognizes that part 135 operators would be permitted to
provide training for pilots to add powered-lift category and instrument
ratings only for the duration of the SFAR. The FAA is therefore
proposing a temporary provision in Sec. 194.203(b) to ensure that the
narrow exception in Sec. 61.3(d)(3)(ii) is not expanded in light of
the FAA's proposal, which would significantly broaden the type of part
61 training that may be provided under an approved training program
under part 135. Additionally, to ensure the ATP privileges contained in
Sec. 61.167(a) are not expanded as a result of the SFAR, the FAA is
proposing a temporary limitation in Sec. 194.205 that would prohibit a
person who holds an ATP certificate with powered-lift ratings from
instructing other pilots in accordance with an approved training
program under part 135 for the purpose of obtaining a commercial pilot
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a
part 135 instructor holds a flight instructor certificate with the
appropriate powered-lift ratings when providing the foundational part
61 certification training in a powered-lift.
As previously discussed, the only entities that would be permitted
to offer an approved training program for powered-lift ratings would be
a part 135 operator, a part 141 pilot school, or a part 142 training
center. To provide instruction under part 141 or 142, the person must
hold a flight instructor certificate issued under part 61. The FAA
recognizes that part 135 instructors are not required to hold a flight
instructor certificate when providing instruction in the footprint of
an approved part 135 training program that exists today. However,
because the SFAR would permit part 135 operators to provide the same
part 61 certification training as the part 141 pilot schools and the
part 142 training centers, the FAA finds that the part 135 operators
are similarly situated to the pilot schools and training centers in
this instance. The FAA's proposal to require part 135 instructors to
hold a flight instructor certificate with the appropriate powered-lift
ratings would ensure that instructors seeking to provide training in
accordance with the approved airman certification training program
permitted under the SFAR are held to the same qualification standards.
The proposed rule language has been carefully scoped to ensure that
the current part 135 training environment is not altered by the FAA's
proposal.\192\ Once an initial cadre of powered-lift pilots is
certificated, the FAA anticipates that a number of powered-lift pilots
will obtain flight instructor certificates with powered-lift ratings,
[[Page 38994]]
which would enable training in powered-lift under part 61. This would
result in pilots obtaining the appropriate powered-lift ratings on
their commercial pilot certificates prior to part 135 employment
consistent with the certification pathway followed by airplane and
helicopter pilots.
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\192\ The FAA notes that a part 135 instructor who holds an ATP
certificate with powered-lift ratings may utilize the allowance in
Sec. 61.3(d)(3)(ii) to the same extent as currently exercised by
part 135 instructors who hold ATP certificates with other category
ratings.
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The FAA understands that permitting a part 135 operator to elect to
provide part 61 training for basic certification is a novel approach
that may conflict with the historical precedent for part 135 training,
which focuses on training a pilot to serve in a particular operational
environment. Nevertheless, the introduction of powered-lift as a new
category presents unique challenges for airman certification. The FAA
encourages comment from part 135 operators on whether they would
provide an approved airman certification training program that results
in commercial pilot certification in a powered-lift and the obstacles
that may prevent part 135 operators from utilizing the proposed
alternate pathway set forth in the SFAR.
v. Checking and Testing
Part 135 initial training culminates in evaluations of the pilot's
proficiency through the completion of a competency check under Sec.
135.293(b) and, if conducting operations under IFR, a PIC instrument
proficiency check under Sec. 135.297. The FAA is proposing in Sec.
194.243(b)(1) that, at the completion of the certification curriculum
and the part 135 operator training, a pilot may apply to add a powered-
lift category rating concurrently with an instrument-powered-lift
rating and an initial powered-lift type rating to their commercial
pilot certificate if the person successfully completes the written or
oral testing under Sec. 135.293(a)(2) and (3), a competency check
under proposed Sec. 135.293(b), and an instrument proficiency check
under proposed Sec. 135.297 provided certain conditions are met.\193\
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\193\ As noted earlier, PICs serving in VFR only operations
under part 135 would not be required to complete an instrument
proficiency check under Sec. 135.297. SICs serving in VFR or IFR
part 135 operations also are not required to complete an instrument
proficiency check under Sec. 135.297. Nevertheless, an operator may
opt to provide a Sec. 135.297 instrument proficiency check to its
pilots to issue an instrument-powered-lift rating to meet the
requirements of proposed Sec. 135.243(b) and existing Sec.
135.245(a).
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First, the competency check would be required to include the
maneuvers and procedures required for the issuance of a commercial
pilot certificate with a powered-lift category rating and a powered-
lift type rating.\194\ Since a pilot completing the part 135 competency
check under this proposal would not have previously demonstrated
competence for the powered-lift category, it is crucial that the pilot
complete all maneuvers and procedures required for the issuance of the
powered-lift category rating and powered-lift type rating at the
commercial pilot level.
---------------------------------------------------------------------------
\194\ See 14 CFR 61.127(b)(5) and 61.157(e)(3) and the
applicable ACS.
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Second, the instrument proficiency check would be required to meet
the requirements of Sec. 135.297 as applicable to a PIC holding a
commercial pilot certificate, which includes the maneuvers and
procedures required for the issuance of an instrument-powered-lift
rating.\195\ As described in Sec. Sec. 135.293(e) and 135.297(c),
competent performance of each maneuver and procedure on the competency
check and instrument proficiency check requires that the pilot be the
obvious master of the aircraft, with the successful outcome of the
maneuver never in doubt. Finally, as proposed in Sec. 194.243(c), the
testing, competency check, and instrument proficiency check would be
administered by an ASI, APD who is authorized to perform competency
checks and instrument proficiency checks for the certificate holder, or
a TCE with appropriate certification authority who is also authorized
to perform competency checks and instrument proficiency checks for the
certificate holder.
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\195\ The FAA notes that since the instrument proficiency check
is being used to meet the practical test requirements for an
instrument-powered-lift rating, the check must include all
approaches required by the Instrument Rating--Powered-Lift ACS, even
if the pilot will not be authorized to conduct one or more of those
approaches during part 135 operations. For example, an operator may
not be authorized to conduct circling approaches during part 135
operations. However, a pilot completing an instrument proficiency
check for the purposes of adding an instrument-powered-lift rating,
must still satisfactorily complete a circling approach during the
check.
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Furthermore, the FAA proposes to exclude the use of certain part
135 regulations that apply to the competency check and instrument
proficiency checks previously discussed in proposed Sec.
194.243(b)(1)(iii). Specifically, under proposed Sec. 194.243(b)(2),
the allowance in Sec. 135.301(b) would not be applicable to the
competency check and instrument proficiency check. Section 135.301(b)
allows that, if a pilot fails a maneuver on a check, the person giving
the check may provide the pilot with additional training during the
check and then the pilot must repeat the failed maneuver. Because the
competency check and instrument proficiency check are meeting the
flight proficiency portion of the practical test and the pilot is
demonstrating competence in the powered-lift category for the first
time, the FAA asserts that it is essential that the pilot be held to
the same standard as required by Sec. 61.43(c) for other pilots
completing a powered-lift practical test. Section 61.43(c) specifies
that, if a pilot fails any area of operation, that pilot fails the
practical test. As such, the FAA proposes that, if a pilot fails a
maneuver on the competency check or instrument proficiency check, the
person giving the check would not be permitted to provide the pilot
with additional training during the check, and the pilot would fail the
practical test. Lastly, the FAA proposes that the allowance in Sec.
135.293(d) is not applicable to the competency check for the powered-
lift category rating. Section 135.293(d) allows the substitution of a
Sec. 135.297 instrument proficiency check for a competency check. The
FAA has determined that the substitution allowance is not appropriate
since the proposal requires both the competency check and instrument
proficiency check to be completed for the reasons previously explained.
2. Part 141 Pilot Schools
As noted, part 141 pilot schools provide an alternate, structured
way to obtain part 61 certificates and ratings. The holder of a pilot
school certificate must have approved training courses and sufficient
personnel and facilities for the training offered. Under Sec.
141.33(a)(3), a person conducting flight training at a part 141 pilot
school must hold a part 61 flight instructor certificate with ratings
for the approved course of training and any aircraft used in that
course.\196\ The FAA is not proposing any relief from this
requirement.\197\ As such, an instructor at
[[Page 38995]]
a part 141 pilot school will be required to hold a powered-lift
category rating and an instrument-powered-lift rating on their
commercial pilot certificate and a flight instructor certificate with a
powered-lift rating or instrument-powered-lift rating.\198\ The
instructor will also be required to hold a type rating on their pilot
certificate that corresponds to the aircraft in which the training will
be provided.
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\196\ Part 141 also contains requirements for other personnel
including chief instructors, assistant chief instructors, and check
instructors. Sections 141.35(a)(1), 141.36(a)(1), and
141.37(a)(2)(ii) require that the person hold a commercial pilot
certificate or ATP certificate and a current flight instructor
certificate in addition to other requirements.
\197\ As discussed in section V.E. of this preamble, the FAA is
proposing an alternate pathway for persons who are selected and
authorized to serve as the initial chief instructors and assistant
chief instructors at part 141 pilot schools for the purpose of
initiating training in a powered-lift. These persons would be
permitted to receive the required training from the powered-lift
manufacturers to obtain the powered-lift ratings that are necessary
to develop sufficient instructors at part 141 pilot schools. The FAA
anticipates that these chief instructors and assistant chief
instructors will conduct the initial powered-lift training for other
instructor personnel at the part 141 pilot school.
\198\ Under Sec. 61.183, a person must hold either a commercial
pilot certificate or ATP certificate with (1) aircraft ratings
appropriate to the flight instructor rating sought, and (2) an
instrument rating, or privileges on that person's pilot certificate
that are appropriate to the flight instructor rating sought.
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Initially, part 141 pilot schools would likely have to obtain the
necessary training for powered-lift ratings from the manufacturers
through the alternate pathways discussed in section V.E of the
preamble. As civil powered-lift operations expand, more pilots will
begin to hold the powered-lift ratings on their commercial pilot
certificates and flight instructor certificates. Part 141 pilot schools
may also begin to draw their initial instructors from the pool of
military instructors \199\ or develop agreements with powered-lift
manufacturers who are looking to promote and expand the use of their
aircraft. The FAA notes also that other manufacturers have obtained
part 142 training center certificates and, in some instances, part 141
pilot school certificates, to facilitate initial training and
certification in their aircraft. The FAA anticipates that the proposed
relief provided to the persons who serve as test pilots and instructor
pilots for powered-lift manufacturers would enable the manufacturers to
support training and qualification of other training providers'
personnel. Pilot schools will be able to deliver courses of training in
accordance with this SFAR that include the alternate experience
requirements pending appropriate approvals by the FAA.
---------------------------------------------------------------------------
\199\ As discussed, military instructors who have obtained
flight instructor certificates with powered-lift ratings through
military competency will be required to obtain powered-lift type
ratings on their pilot certificates or conduct flight training in a
particular type of powered-lift. See 14 CFR 61.195(d).
---------------------------------------------------------------------------
3. Part 142
The FAA enabled the expanded use of FFSs and FTDs in 1996 through
the creation of part 142,\200\ warranted by the enormous advancement in
flight simulation technology. At that time, the FAA recognized that the
increased complexity and operating costs of the modern turbine-powered
aircraft and the current operational environment resulted in an
increasing need for the use of FSTDs. The FAA reasoned that FSTDs could
provide more in-depth training than can be accomplished in aircraft,
while correspondingly reducing air-traffic congestion, noise and air
pollution, and training costs.\201\
---------------------------------------------------------------------------
\200\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 61 FR 34508 (Jul. 2, 1996).
\201\ Id.
---------------------------------------------------------------------------
As noted, a part 142 training center provides an alternate means to
accomplish part 61 training and certification.\202\ Part 142 contains
its own requirements for flight instructor eligibility in Sec. 142.47.
Section 142.47(a)(3) requires an instructor who is instructing in an
aircraft in flight to be qualified under the flight instructor
requirements in subpart H of part 61. To the extent that a part 142
training center will obtain approval for a curriculum that includes a
portion of flight training in a powered-lift in flight, the training
center will be required, like the part 141 pilot school, to identify
instructors who hold the appropriate powered-lift ratings on their
pilot and flight instructor certificates. As with part 141 pilot
schools, the FAA anticipates that the training center would establish
its initial cadre of flight instructors using the alternate
requirements for TCEs as discussed in section V.E of this preamble.
Once these TCEs obtain the necessary training for powered-lift
certification from a manufacturer's instructor pilots, the part 142
training center would establish powered-lift training curricula and
utilize the TCEs to provide that training to other instructor personnel
at the training center.
---------------------------------------------------------------------------
\202\ 14 CFR 142.1(a).
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For flight training conducted in an FSTD, a part 142 instructor is
not required to hold a part 61 flight instructor certificate. Rather,
if instructing in an FSTD, Sec. 142.47(a)(5) requires that an
instructor satisfy one of three alternatives to provide instruction:
(1) meet the commercial aeronautical experience requirements of Sec.
61.129(a), (b), (c), or (e), as applicable, excluding the required
hours of instruction in preparation for the commercial pilot practical
test; (2) meet the ATP aeronautical experience requirements of
Sec. Sec. 61.159, 61.161, or 61.163 if instructing in an FSTD that
represents an ``airplane requiring a type rating'' or instructing in a
curriculum leading to the issuance of an ATP certificate or added
rating to an ATP certificate in any category of aircraft; \203\ or (3)
be employed as an FSTD instructor for a training center providing
instruction and testing to meet the requirements of part 61 on August
1, 1996. As such, these part 142 instructors do not need to hold the
pilot certificates and ratings but rather must only meet the
aeronautical experience requirements for those certificates and
ratings.
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\203\ Section 142.47(a)(5)(ii) requires an instructor to meet
the aeronautical experience requirements for an ATP certificate if
providing instruction in three distinct scenarios: (1) in an FSTD
that represents an ``airplane'' requiring a type rating at any
certificate level; (2) in a curriculum leading to the issuance of an
ATP certificate (for any category/class/type rating); or (3) in a
curriculum adding a rating to an ATP certificate (for any category/
class/type rating).
---------------------------------------------------------------------------
In developing this proposed rule, the FAA identified a discrepancy
between the manner in which the regulation addresses instructor
requirements for training in an FSTD representing an airplane requiring
a type rating and training in an FSTD representing a rotorcraft or
powered-lift requiring a type rating. Under Sec. 142.47(a)(5)(ii), all
part 142 instructors who provide training in a curriculum that results
in an ATP certificate or an added rating (including an added type
rating) to an ATP certificate must meet the aeronautical experience
requirements for the ATP certificate appropriate to the rating sought.
However, under the current regulatory framework of Sec.
142.47(a)(5)(ii), an instructor is not required to meet the ATP
aeronautical experience requirements when providing training for a type
rating in an FSTD that represents a powered-lift or rotorcraft if the
type rating is being added at a certificate level other than the ATP
certificate. The requirement in Sec. 142.47(a)(5)(ii) to meet the ATP
experience requirements when providing training to add a type rating to
a certificate other than an ATP certificate is only applicable to FSTDs
that represent airplanes requiring a type rating. Powered-lift and
rotorcraft instructors in this context are required to meet only the
aeronautical experience requirements for a commercial pilot in Sec.
61.129 \204\ as applicable to the type rating for which the training is
provided.\205\
---------------------------------------------------------------------------
\204\ 14 CFR 142.47(a)(5)(i).
\205\ Id.
---------------------------------------------------------------------------
The FAA proposes to permanently amend the language in Sec.
142.47(a)(5)(ii) to replace the word ``airplane'' with ``aircraft,''
thereby encompassing, first, powered-lift, which would all require a
type rating pursuant to this proposal,\206\ and, second, any rotorcraft
that requires a type rating. The FAA's proposal would align FSTD
instructor experience requirements for powered-lift and rotorcraft
requiring a type rating with
[[Page 38996]]
those currently imposed for training in FSTDs representing airplanes
that require a type rating. This proposed amendment is consistent with
the advancements in complexity of rotorcraft and the operational
dissimilarities between powered-lift expected to enter the market,
which is subsequently discussed.
---------------------------------------------------------------------------
\206\ See section V.A of this preamble.
---------------------------------------------------------------------------
For airplanes requiring a type rating, the FAA found that it was
appropriate for a part 142 FSTD instructor to meet the aeronautical
experience requirements for an ATP certificate to provide flight
training in an FSTD representing these airplanes. By doing so, the FAA
requires a person who will instruct wholly in an FSTD to have
significant and relevant operational time in the NAS. Under the ATP
aeronautical experience requirements in Sec. 61.159, a person will
have accomplished at least 1,500 hours of flight time, including 250
hours of PIC time or SIC time performing the duties of PIC under
supervision in actual operations in the NAS. This flight time far
exceeds the aeronautical experience required for a commercial pilot
certificate and means that the instructor has extensive experience
interacting with air traffic control, operating in an airport
environment, navigating the operational challenges of flying the
aircraft in weather, utilizing crew resource management, and resolving
maintenance discrepancies, all while complying with FAA regulations,
procedures, manuals, and authorizations.
In reviewing the part 142 instructor requirements for this
rulemaking, the FAA has determined that the instructor experience
requirements for type-rated airplanes codified in Sec.
142.47(a)(5)(ii) are similarly applicable to powered-lift and
rotorcraft. The aeronautical experience requirements for an ATP
certificate in a powered-lift or rotorcraft far exceed the experience
required for a commercial pilot certificate in those same categories of
aircraft and ensure that part 142 instructors who instruct solely in an
FSTD for a type rating have extensive operational experience.
This proposed amendment is further supported by the 1992 NPRM that
proposed the creation of part 142. In Sec. 142.51(b) and (d), the FAA
proposed that an instructor must meet the aeronautical experience
requirements for an ATP certificate with an airplane or rotorcraft
category, respectively, if providing training in an FSTD representing
an airplane or rotorcraft requiring a type rating.\207\ The 1996 final
rule preamble explained that the FAA simplified and consolidated
instructor eligibility requirements into Sec. 142.47 and therefore
Sec. 142.51 was no longer needed. The final rule preamble did not
indicate the FAA intended to eliminate the requirement for rotorcraft
instructors proposed in Sec. 142.51(d).\208\ However, when the FAA
consolidated the instructor eligibility requirements into Sec.
142.47(a)(5)(ii), the regulation specified ``airplane'' instead of
``aircraft'' and, thus, rotorcraft instructors were excluded from the
eligibility requirements.
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\207\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 57 FR 35905, 35932 (Aug. 11,
1992).
\208\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34532 (Jul.
2, 1996).
---------------------------------------------------------------------------
Furthermore, the final rule preamble explained that since
publication of the NPRM,\209\ the FAA granted exemptions to allow
individuals to qualify as simulator-only instructors in certain
helicopter FSTDs without holding a flight instructor certificate if
certain alternative requirements were satisfied.\210\ The exemptions
allowed individuals instructing in an FSTD that represented a
helicopter requiring a type rating or instructing in a course of
training leading to the issuance of an ATP certificate or an added
rating to an ATP certificate, to hold an ATP certificate with a
helicopter category, class, and type rating (on the type of helicopter
the simulator represented).\211\ The FAA determined that, in light of
the exemptions, it was appropriate to codify such alternate
qualifications in the 1996 final rule to facilitate training center
employment of persons who are former military pilots, former or current
airline pilots, and other persons who may not hold an instructor
certificate.\212\ As a result, the FAA determined that instructors
providing instruction in an FSTD that represented a rotorcraft that
required a type rating needed to likewise satisfy the ATP rotorcraft
requirements. However, while the exemptions that the FAA considered
were to facilitate instruction in helicopter simulators, the regulation
specified ``airplane'' instead of ``aircraft'' in Sec.
142.47(a)(5)(ii).
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\209\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508 (Jul.
2, 1996).
\210\ Exemption Nos. 5317D and 5324A.
\211\ Id.
\212\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34540
(Jul. 2, 1996).
---------------------------------------------------------------------------
In surveying FAA inspectors with oversight of part 142 training
centers, the FAA expects that very few rotorcraft instructors do not
meet the FAA's proposed enhanced requirements in Sec.
142.47(a)(5)(ii).\213\ Notably, since the 1996 rule was published, very
few training centers have integrated a type-rated rotorcraft
curriculum. These training centers often also have an ATP curriculum
for the type-rated rotorcraft. Often, the training center uses the same
instructors in the ATP and non-ATP curriculum for the type-rated
rotorcraft. As a result, these instructors may already meet the ATP
experience requirements or hold an ATP certificate. The FAA proffers
that this permanent amendment would merely align industry practice with
the regulatory framework and eliminate any possible confusion on the
appropriate application of this section.
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\213\ In support of this proposal, the FAA also conducted a
search of the NTSB database to ascertain whether accidents or
incidents resulted from this lower safety standard. At present,
there are no accidents or incidents reported. The FAA finds that
this conclusion may be the result of rotorcraft instructors already
satisfying the ATP aeronautical experience requirements.
---------------------------------------------------------------------------
The FAA maintains that this amendment is consistent with the
technological advancements in rotorcraft over the last two decades
since promulgation of the 1996 final rule. For example, since the final
rule's publication, rotorcraft have entered the market with ten or more
seats. These larger aircraft, carrying significantly more passengers
than was contemplated in the 1996 final rule, include complex
operational characteristics necessitating a correspondingly higher
experience threshold for instruction. Not only have technology and
engineering advancements aided in the development of increasingly
complex helicopters, but industry has also recognized a substantial
increase in helicopter operations. These developments have subsequently
required the development and implementation of helicopter simulators
for use in part 142 training centers to meet part 135 training program
requirements.
For each of these reasons, the FAA proposes to permanently amend
Sec. 142.47(a)(5)(ii) to reference ``aircraft'' rather than
``airplane.'' In this regard, the FAA proposes to impose identical
standards for powered-lift and rotorcraft training center instructors
as those required for airplanes. As noted, most existing rotorcraft
training center instructors already meet the aeronautical experience
requirements of Sec. 142.47(a)(5)(ii) for rotorcraft that require type
ratings. However, to facilitate integration of this regulatory change
while not disrupting current practice for those instructors who may
[[Page 38997]]
not currently satisfy this standard, the FAA proposes to except
instructors that are currently instructing in an FSTD that represent a
rotorcraft requiring a type rating from this proposed requirement.
In addition to excepting current instructors from the ATP
aeronautical experience requirements for FSTDs that represent a
rotorcraft requiring a type rating, the FAA also notes the availability
of deviation authority in Sec. 142.9 for both powered-lift and
rotorcraft instructors. Initially, the FAA does not anticipate that
powered-lift pilots will be able to satisfy the aeronautical experience
requirements for an ATP certificate. For this initial cadre of powered-
lift pilots, Sec. 142.9 may provide an avenue for relief from the ATP
experience requirements of Sec. 142.47(a)(5)(ii) if the FAA determines
that it would not adversely affect the quality of instruction or
evaluation.
In particular, a request for deviation requires a detailed
description of the proposed alternative plan that enables the
certificate holder to achieve the same level of safety as that mandated
by the regulation.\214\ After the certificate holder submits its
request for deviation authority, the FAA may consider the level of
safety purportedly achieved by the request, the proposed revisions to
the training center's operating procedures and Quality Management
Systems, and any accompanying justification, procedures, or policies
that the training center proffers in support of its request for relief.
After conducting this review, the FAA may grant the certificate holder
deviation from compliance with the proposed requirements in Sec.
142.47(a)(5)(ii). As powered-lift pilots acquire additional
aeronautical experience, the FAA anticipates that fewer certificate
holders will need to utilize the deviation authority available under
this section to request relief from Sec. 142.47(a)(5)(ii).
---------------------------------------------------------------------------
\214\ FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4.
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G. Practical Tests
1. Practical Test Equipment and Waiver Authority
Section 61.43 provides the general procedures for a practical test
\215\ for an applicant to receive a certificate or rating.
Specifically, Sec. 61.43(a)(1) currently requires that the completion
of a practical test for a certificate or rating include the performance
of the tasks specified in the areas of operation for the airman
certificate or rating sought. These tasks are set forth in either a
Practical Test Standard (PTS) or ACS for the appropriate certificate or
rating that the applicant is seeking. The FAA currently has an ongoing
rulemaking project that proposes to amend Sec. 61.43(a)(1) to
incorporate by reference (IBR) the PTSs and ACSs.\216\ The NPRM for the
ACS/PTS rulemaking was published on December 12, 2022,\217\ and
proposed to revise Sec. 61.43(a)(1) to delineate successful completion
of the practical test as performing the tasks specified in the areas of
operation contained in the applicable ACS or PTS. In light of the
transition from PTS to ACS,\218\ as discussed in that NPRM, the FAA has
drafted ACSs for powered-lift practical tests. Specifically, the FAA
proposed to IBR six newly drafted powered-lift ACSs into part 61: (1)
ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for
Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4)
Instrument Rating--Powered-Lift,\219\ (5) Flight Instructor for
Powered-Lift Category, and (6) Flight Instructor Instrument for
Powered-Lift Category.\220\ The six powered-lift ACSs specify the tasks
within the given areas of operation that must be accomplished for
purposes of receiving a powered-lift category rating, type rating, and/
or instrument rating.
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\215\ A practical test means a test on the areas of operation
for an airman certificate, rating, or authorization that is
conducted by having the applicant respond to questions and
demonstrate maneuvers in flight, in a flight simulator, or in an
FTD. 14 CFR 61.1.
\216\ IBR allows Federal agencies to comply with the requirement
to publish rules in the Federal Register and the Code of Federal
Regulations (CFR) by referring to material already published
elsewhere. IBR Handbook, Office of the Federal Register, July 2018.
\217\ Airman Certification Standards and Practical Test
Standards for Airmen; Incorporation by Reference, NPRM, 87 FR 75955
(Dec. 12, 2022).
\218\ The FAA began to establish the ACSs in 2011 to enhance the
testing standard for the knowledge and practical tests in
collaboration with the aviation industry. The goal in creating the
ACS was to drive a systematic approach to the airman certification
process, including knowledge test question development and the
conduct of the practical test. In cooperation with the ACS Working
Group, established through the Aviation Rulemaking Advisory
Committee (ARAC), the FAA integrated ``aeronautical knowledge'' and
``risk management'' elements into the existing areas of operations
and tasks set forth in the PTS. Therefore, the ACS is a
comprehensive presentation integrating the standards for what an
applicant must know, consider, and do to demonstrate proficiency to
pass the tests required for issuance of the applicable airman
certificate or rating.
\219\ Currently, the FAA has one powered-lift PTS, Instrument
Rating Practical Test Standards for Airplane, Helicopter, and
Powered-Lift, available on the FAA website at https://www.faa.gov/training_testing/testing/test_standards. The powered-lift portion of
the PTS was utilized in drafting the Instrument Rating--Powered-Lift
ACS.
\220\ The six draft ACSs may be found in the docket for the ACS
IBR NPRM: FAA-2022-1463., which is docket FAA-2022-1463.
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While Sec. 61.43 sets forth the general procedures for the
practical test, including directing compliance with the powered-lift
ACSs in administering testing, the requirements for the aircraft and
equipment utilized by an applicant during the flight increment of the
practical test for a certificate and/or rating are found in Sec.
61.45. Specifically, Sec. 61.45(b) stipulates the equipment, other
than controls, required of an aircraft used on the practical test and
allows the use of an aircraft with operating characteristics that
preclude the applicant from performing all the tasks for the practical
test.\221\ However, when an applicant for a certificate or rating is
unable to perform a required task due to aircraft capabilities, an
appropriate limitation is placed on the applicant's certificate or
rating. This limitation ensures the pilot cannot act as PIC of an
aircraft that has capabilities that are inconsistent with the
limitation on the pilot's certificate until the pilot satisfactorily
demonstrates the task they have not performed.
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\221\ 14 CFR 61.45(b)(2).
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For example, this situation arises when an applicant is taking a
practical test in the Cessna 336 or 337 (C-336/337) series airplanes to
add an airplane multiengine land rating onto a commercial pilot
certificate for which an applicant holds an airplane single engine land
rating. The C-336/337 series do not have a published minimum control
speed with the critical engine inoperative (VMC). Thus, an
applicant would not be able to perform the VMC demonstration
task required by an airplane ACS \222\ if a C-336/337 series airplane
was used to take the practical test. Therefore, an applicant who
successfully completed the practical test in a C-336/337 series
airplane would receive a certificate with an appropriate limitation
(i.e., Limited to Center Thrust limitation). A pilot may remove this
limitation by completing a practical test in an aircraft that is
capable of performing the task(s). For example, in the above scenario,
a pilot who completes a commercial pilot practical test in a
multiengine airplane with a published VMC (i.e., performs
the tasks that were not formerly performed) would have the limitation
removed.
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\222\ For example, VMC demonstration is Task B in
Area of Operation X, Multiengine Operations, in the Private Pilot
for Airplane Category ACS.
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As discussed in section V.A of this preamble, the FAA is proposing
to require that all pilots seeking to act as PIC of a powered-lift hold
a type rating on their pilot certificate for the type of powered-lift
they intend to operate. This proposal would require the successful
[[Page 38998]]
completion of a practical test for the type rating sought. Through the
aircraft type certification and evaluation processes, the FAA
recognizes that because there may be differing powered-lift aircraft
produced, it is possible certain powered-lift might be precluded from
accomplishing certain tasks due to the powered-lift's design (e.g.,
stalls) that are required by the appropriate ACS. Traditionally, as
discussed, this would result in the appropriate limitation on a pilot's
certificate.\223\ However, due to the proposed type rating requirement,
any limitation issued pursuant to Sec. 61.45(b) to a pilot operating a
powered-lift as PIC would be unnecessary because the pilot would not be
able to perform the maneuver for which the limitation would apply in
the aircraft for which they hold the type rating. Further, a person
could not act as PIC of a different powered-lift type that may exhibit
the limited characteristic without testing in that type of powered-lift
first, which would thereby require the pilot to be tested on the
specific task or maneuver that was omitted during the prior practical
test if the powered-lift for the additional type rating is able to
perform that task or maneuver.
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\223\ 14 CFR 61.45(b)(2).
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For example, if type A powered-lift could not perform a stall, but
type B powered-lift could, then a pilot seeking a type rating in type A
would not be tested on stalls but would not receive a limitation on the
type rating for type A. The absence of a limitation would not present a
safety concern if the pilot wished to act as PIC of type B powered-lift
because the pilot would need to take a practical test for a type rating
in type B powered-lift, which would include the previously omitted
evaluation on stalls. By proposing to require a type rating for each
type of powered-lift, the type rating itself contains the limitation
contemplated in Sec. 61.45(b)(2) for an aircraft not able to perform
all tasks in the ACS. Therefore, proposed Sec. 194.207(a) would permit
an applicant to use a powered-lift that is precluded from performing
all of the tasks required for the practical test without receiving a
limitation on the applicant's certificate or rating.\224\
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\224\ If an applicant for a flight instructor certificate with a
powered-lift category rating brings a powered-lift to the practical
test that is incapable of performing a task required for the
practical test, an examiner may waive the task in accordance with
waiver authority provided by the FAA. Upon passing the practical
test, the flight instructor would be qualified to provide
instruction in a powered-lift that is capable of performing the task
that was waived on the test. The FAA considered restricting a flight
instructor from providing instruction in a powered-lift that is
capable of performing a task for which the flight instructor has not
demonstrated instructional ability. However, to provide training in
a powered-lift, the flight instructor would be required to hold a
type rating for the powered-lift on their pilot certificate. 14 CFR
61.195(e). The FAA has determined that the flight instructor would
be qualified to provide training in the powered-lift based on their
demonstration of instructional ability on the flight instructor
practical test and their demonstration of pilot skills in the
powered-lift on the type rating practical test. However, as the FAA
gains more knowledge about tasks that certain powered-lift may be
incapable of performing, the FAA may reconsider whether a limitation
on the flight instructor certificate is necessary.
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Because there are currently no type-certificated powered-lift, the
FAA does not have the requisite information at this time to determine
which tasks might be deemed prohibited or unsafe by the aircraft
certification and evaluation processes to delineate such tasks in this
proposed SFAR or the draft powered-lift ACSs. In fact, there may be no
such tasks that emerge. The FAA will identify this information through
the type certification process, as well as FSBs. FSBs are established
when the responsible FAA Aircraft Certification office issues a Type
Certificate for large aircraft, turbojet-powered airplanes, and other
aircraft specified by the Administrator through the aircraft
certification process. Powered-lift types will be evaluated under the
existing FSB process, which will determine the requirements for a pilot
type rating, develop training objectives for the type rating, and
conduct initial training for the manufacturer's pilots and FAA
inspectors.
The FSB is composed of pilot candidates who have varied backgrounds
conducting airman testing, evaluating training programs, and reviewing
operator manuals. FAA pilots (e.g., FAA flight test pilots, Aircraft
Evaluation operations inspectors, FSDO operations inspectors) attend
the manufacturer's proposed training program as test subjects and, upon
completion, are administered the type rating test, in accordance with
the applicable part 61 regulations. The FAA determines the appropriate
type rating designation, the adequacy of proposed training and checking
requirements, and determination of airman competency. Additionally, the
manufacturer, Aircraft Certification Office, and FAA test pilots
validate those tasks applicable to each powered-lift and provide their
analysis to the members of the FSB. An assigned FSB member collates the
findings into a Flight Standardization Board Report (FSBR). Based off
of these determinations, in conjunction with the FAA's determinations
of the adequacy of training, the FSBR will identify those tasks that
are applicable to the specific type of powered-lift to inform examiners
\225\ conducting a practical test.\226\ A multitude of industry
stakeholders use these reports to inform their training programs and
POI use the FSBR as a reference when approving operator training,
checking, and currency programs.
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\225\ ASIs and authorized designees administer practical tests
for applicants seeking airman certificates and ratings, including
conducting evaluations, testing, certification, and the issuance of
ratings in accordance with part 61. While ASIs are employees of the
FAA, designees are non-employees to whom the Administrator may
delegate a matter related to the examination, testing, and
inspection necessary to issue a certificate. See 49 U.S.C. 44702(d).
Designee authority is established under 14 CFR part 183, and the
general qualifications for each authorization are set forth in FAA
Order 8000.95, as amended. Pilot designees include DPEs under part
61, TCEs under part 142, and APDs under parts 121 and 135.
\226\ While the FAA has drafted powered-lift ACSs with input and
expertise from industry and working groups, the FAA is uncertain if
discrete additional tasks will be required for certain powered-lift
type ratings based on the powered-lift's unique characteristics.
Should the FSBR and type certification process reveal any additional
tasks that are not accounted for the in the ACS but are essential to
the operation of the specific type of powered-lift, the FAA may set
forth these tasks in a type-specific appendix to the ACS, which
would be incorporated by reference in accordance with the
Administrative Procedure Act.
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As discussed, during the type certification and evaluation process,
operational limitations of the powered-lift would be identified. The
FSBR would subsequently ascertain what tasks in the ACS are
inapplicable to the specific type of powered-lift. To account for the
potential need to deviate from ACS tasks that cannot be performed, the
FAA proposes in Sec. 194.207(b) to temporarily delegate waiver
authority to the pilot examiner conducting the practical test. This
waiver authority would not be unfettered or at the examiner's
discretion; rather, the waived tasks would be set forth on a designee's
Certificate and Letter of Authority (CLOA) \227\ specific to each type
of powered-lift in which the designee is authorized to conduct
practical tests. Specifically, the CLOA will identify the type of
powered-lift in which the examiner is authorized to conduct a practical
test and the specific
[[Page 38999]]
tasks that the examiner is authorized to waive for the practical test,
which will be set forth in the limitations section of the CLOA.
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\227\ As new powered-lift are integrated into the market, the
FAA anticipates the need for designees and ASIs to administer
practical tests to pilot applicants. To serve as a designee for
airman testing and certification, an individual must be
appropriately qualified and rated in the aircraft type and be
authorized through a CLOA. The CLOA provides a description of the
designee's authorities, limitations, and associated expiration. See
FAA Order 8000.95B, vol. 3, chapt. 5, para. (2)(d). The FAA will
continue to identify and designate persons who are qualified
consistent with the current policy for other categories of aircraft.
As employees of the FAA, an ASI's discretion to waive tasks during a
practical test is established in FAA Orders.
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In addition to the requirement to be tested on the tasks specified
in the areas of operation for the airman certificate and rating
sought,\228\ the FAA's regulations require an applicant for a
certificate or rating to receive and log flight training on the
applicable areas of operation that apply to the aircraft category and
class rating sought.\229\ If the FAA authorizes an examiner to waive a
specific task during the practical test because the powered-lift is
incapable of performing the task, the FAA finds that the applicant
should also be relieved from the requirement to receive flight training
on that task. Therefore, in proposed Sec. 194.207(c), the FAA proposes
to relieve an applicant for a private pilot certificate or commercial
pilot certificate with a powered-lift category rating concurrently with
a powered-lift type rating from the requirement to receive flight
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued
waiver authority for the task in accordance with the SFAR. The same
reasons that support waiving the task on the practical test, which were
previously discussed, also apply to relieving the applicant from the
requirement to receive flight training on the task. For those reasons,
the FAA finds that this proposed provision would not adversely affect
safety.
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\228\ 14 CFR 61.43(a)(1).
\229\ 14 CFR 61.107(a), 61.127(a). Section 61.157(b) requires
that a person who applies for an aircraft type rating added to an
ATP certificate or applies for a type rating to be concurrently
completed with an ATP certificate requires flight training from an
authorized instructor on the areas of operation that apply to the
aircraft type rating; the FAA does not find that additional relief
is needed from Sec. 61.157(b) since the tasks would be not be
applicable to the given aircraft type by existing regulation.
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Because the areas of operation listed for issuance of a commercial
pilot certificate with a powered-lift category rating in accordance
with part 61 mirror those required as certain appendixes that set forth
minimum curriculum content, the FAA proposes to extend this same
flexibility to part 141 pilot schools seeking approval of a powered-
lift course. Therefore, the FAA proposes in Sec. 194.239(a) to allow a
part 141 pilot school seeking approval of a course in a powered-lift
resulting in a private or commercial pilot certificate to waive
training on a task specified in an area of operation if the powered-
lift to be used in the course is not capable of performing the task and
the FAA has issued waiver authority for that task in accordance with
Sec. 194.207(b).
While the FAA determined that there is no need to issue a
limitation pursuant to Sec. 61.45(b) due to the type rating
requirement proposed in the SFAR, as discussed above, the FAA
recognizes that the ability for an examiner to waive a task on a
practical test for a powered-lift category rating creates a unique
situation for persons who may seek to act as SIC in accordance with
Sec. 61.55. As discussed in section V.C of this preamble, a person
seeking to act as SIC of a powered-lift type-certificated for more than
one required pilot flightcrew member or in operations requiring an SIC
pilot flightcrew member would not be required to hold a type rating.
Rather, pursuant to Sec. 61.55(a), the person would be required to
hold at least a private pilot certificate with the appropriate category
and class rating.
In the case of powered-lift, the initial pool of pilots obtaining
powered-lift ratings would obtain a commercial pilot certificate with a
powered-lift category rating and a type rating. The FAA expects certain
persons from this initial pool of commercial pilots to obtain powered-
lift category ratings on their flight instructor certificates, thereby
enabling these persons to eventually provide flight training to
students seeking private pilot certificates with powered-lift category
ratings. If a pilot passes the practical test for a private or
commercial pilot certificate with a powered-lift category rating in a
powered-lift that was precluded from conducting certain tasks that are
required by the applicable powered-lift category ACS, the examiner
would waive those tasks on the practical test as previously discussed.
For the reasons explained previously, this would not cause a safety
concern because the pilot would have to test for the new powered-lift
type rating before acting as PIC. However, because the powered-lift
category rating on the private or commercial pilot certificate enables
the person to serve as SIC of another powered-lift type in accordance
with Sec. 61.55, there could be safety implications should the person
seek to serve as SIC of a powered-lift that is capable of performing
tasks for which the person was never trained and tested. As explained
in section V.C of this preamble, the FAA finds that the current SIC
qualification requirements set forth in Sec. 61.55 are sufficient for
pilots seeking to act as SIC of a powered-lift, provided those pilots
satisfactorily complete a practical test on each task required by Sec.
61.43(a)(1) (i.e., the tasks specified in the areas of operation
contained in the applicable Powered-Lift Category ACS).
To the extent a pilot completes a practical test in a powered-lift
that was precluded from performing each task required by Sec.
61.43(a)(1), the FAA is proposing in Sec. 194.209(a) to prohibit that
pilot from serving as SIC of a powered-lift that is capable of
performing the tasks that were waived on the person's practical test
until certain requirements are met. Specifically, the FAA is proposing
to require the person to receive and log ground and flight training
from an authorized instructor on the specific tasks that were waived.
Additionally, the FAA is proposing to require the person to receive a
logbook or training record endorsement from the authorized instructor
certifying that the person has satisfactorily demonstrated proficiency
in those tasks.
These requirements would ensure the person has received training on
the specific tasks for which the person was not previously trained or
tested. Additionally, these proposed requirements would ensure the
person has demonstrated the ability to successfully perform the tasks
to an authorized instructor prior to serving as SIC of the powered-
lift. In determining whether a pilot has demonstrated proficiency of a
task, the FAA recommends the authorized instructor use the appropriate
ACS, which specifies the approved standards for the specific task. For
the same reasons discussed in section V.C of this preamble concerning
the role of a PIC, the FAA finds that these additional requirements
combined with the SIC qualification requirements prescribed in Sec.
61.55 would ensure the person seeking to serve as SIC of a powered-lift
is qualified to do so.
The FAA recognizes that a person employed by a fractional ownership
program as set forth in subpart K of part 91 or a person employed by a
certificate holder authorized to conduct operations under part 135 may
receive training and a competency check in a powered-lift that includes
the tasks that were waived on the person's practical test for a
commercial pilot certificate with a powered-lift category rating. In
accordance with Sec. 135.323, a part 135 air carrier or operator is
required to establish and implement an approved training program that
ensures each pilot is adequately trained to perform their assigned
duties. Therefore, to act as SIC of a powered-lift under part 135, a
person would be required to receive ground and flight training in the
type of powered-lift to ensure the person is adequately trained to
perform the duties
[[Page 39000]]
of SIC. Additionally, all part 135 pilots are required to complete a
Sec. 135.293 competency check every 12 calendar months. Similarly,
under part 91 subpart K, Sec. 91.1073 requires each program manager to
establish and implement an approved training program that ensures each
crewmember is adequately trained to perform their assigned duties, and
Sec. 91.1065 requires each pilot to pass a competency check every 12
calendar months. A situation could arise where a person receives
training on the task that was previously waived on the person's
practical test and a competency check that includes the task.
For persons that receive such training and checking under part 135
or subpart K of part 91, it would be redundant to require the person to
also receive training and an endorsement under part 61. The FAA is
therefore proposing in Sec. 194.209(b)(2) an exception to the training
and endorsement requirements for those pilots who have received ground
and flight training under an approved training program and have
satisfactorily completed a competency check under Sec. 135.293 or
Sec. 91.1065 in a powered-lift, provided the approved training program
and competency check include each task that was previously waived on
the person's practical test.\230\
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\230\ This proposed exception is consistent with that in Sec.
61.31(e)(2)(ii) and (f)(2)(ii) for complex and high-performance
airplanes.
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Furthermore, the FAA recognizes that certain powered-lift pilots
may seek to obtain additional type ratings on their pilot certificate.
Under proposed Sec. 194.209(b)(1), a person seeking an additional type
rating may forgo the training and endorsement requirements described
above if that person subsequently passes a practical test for a type
rating in a powered-lift that is capable of performing all the tasks
specified in the ATP and Type Rating for Powered-Lift Category ACS. The
type rating practical test would be required to include each task
required by Sec. 61.43(a)(1) (i.e., the tasks specified in the areas
of operation contained in the ATP and Type Rating for Powered-Lift
Category ACS \231\).
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\231\ Airman Certification Standards and Practical Test
Standards for Airmen; Incorporation by Reference NPRM, 87 FR 75955
(Dec. 12, 2022).
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The FAA proposes to adopt these requirements in the SFAR because
they are temporary in nature and are intended to enable the FAA to
ensure an appropriate level of safety while acquiring additional
information concerning powered-lift, including any unique operating
characteristics that may preclude certain powered-lift from performing
each task specified in the applicable Powered-Lift Category ACS. The
FAA is, however, proposing to permanently amend Sec. 61.55(a) to
cross-reference the additional training and endorsement requirements
proposed in Sec. 194.209(a) by adding new Sec. 61.55(a)(4). This
amendment is intended only to ensure that all persons seeking to act as
SIC of a powered-lift pursuant to Sec. 61.55 are aware of the new
temporary requirements and the situation under which they would
apply.\232\
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\232\ The FAA notes that the proposed addition of Sec.
61.55(a)(4) would be temporary in nature because it would be
obsolete upon the expiration date set forth in proposed Sec.
194.107. When the SFAR expires, the FAA would remove the proposed
provision in Sec. 61.55(a)(4) concurrently with the temporary
provisions of part 194.
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2. Permit Applicants To Take a Powered-Lift Type Rating Practical Test
Without Concurrently Obtaining an Instrument-Powered-Lift Rating (Sec.
61.63(d))
Section 61.63(d) contains the eligibility requirements for a person
seeking an aircraft type rating. Currently, Sec. 61.63(d)(1) requires
an applicant for an aircraft type rating or an aircraft type rating to
be completed concurrently with an aircraft category rating to hold or
concurrently obtain an appropriate instrument rating, except as
provided in Sec. 61.63(e). Additionally, Sec. 61.63(d)(4) requires
the applicant to perform the type rating practical test in actual or
simulated instrument conditions, except as provided in Sec. 61.63(e).
Under Sec. 61.63(e), an applicant who provides an aircraft that is not
capable of the instrument maneuvers and procedures required on the
practical test may apply for the type rating or a type rating in
addition to the category rating, but the type rating will be limited to
``VFR only.''
For an applicant seeking a type rating in a powered-lift capable of
instrument maneuvers and procedures, the FAA has determined that there
are two circumstances under which the applicant should not be required
to hold or concurrently obtain an appropriate instrument rating.\233\
These two circumstances are discussed in detail in the following
subsections.
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\233\ Proposed Sec. 194.211(b) and (c) address the two
circumstances discussed in this preamble section. To avoid confusion
with the current ``VFR only'' provisions codified in Sec. 61.63(e),
which apply only to aircraft not capable of instrument maneuvers and
procedures, the FAA is proposing an applicability provision in Sec.
194.211(a) to make clear that the temporary provisions in paragraphs
(b) and (c) apply only to persons seeking a type rating in a
powered-lift that is capable of performing instrument maneuvers and
procedures.
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i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained
Concurrently With a Powered-Lift Category Rating
Because the FAA is proposing that all powered-lift would require
type ratings, the FAA's current regulations would require an applicant
for a powered-lift type rating to take three practical tests
concurrently: the practical tests for (1) a powered-lift type rating,
(2) powered-lift category rating, and (3) an instrument-powered-lift
rating.\234\ To serve as PIC of a powered-lift, a person would be
required to hold both a powered-lift category rating and a powered-lift
type rating pursuant to Sec. 61.31(d).\235\ If a person does not yet
hold a powered-lift category rating on their pilot certificate through
military competency, they would be required to apply for a powered-lift
type rating concurrently with a powered-lift category rating pursuant
to Sec. 61.63(d).\236\ Additionally, Sec. 61.63(d)(1) requires an
applicant for a type rating to either hold or concurrently obtain an
appropriate instrument rating. The only pilots who hold commercial
pilot certificates with powered-lift category ratings and instrument-
powered-lift ratings are military pilots who qualified for the ratings
pursuant to Sec. 61.73 based on their military pilot qualifications.
All other pilots would be required to apply for a powered-lift type
rating concurrently with a powered-lift category rating and instrument-
powered-lift rating. Therefore, to obtain all three ratings, the
applicant would be required to satisfactorily complete three practical
tests concurrently.\237\
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\234\ As discussed in more detail, if an applicant seeks a type
rating in a powered-lift that is not capable of performing
instrument maneuvers and procedures, that applicant would not be
required to take three practical tests concurrently because the
exception to Sec. 61.63(d)(1) and (4), which is contained in Sec.
61.63(e), would apply.
\235\ Section 61.31(d) prescribes that, to serve as PIC of an
aircraft, a person must hold the appropriate category, class, and
type rating (if a class or type rating is required) for the aircraft
to be flown.
\236\ As discussed in more detail later in this section, the FAA
is proposing to revise Sec. Sec. 61.45 and 61.64 to clarify its
position that a person may not take a practical test in an aircraft
that requires a type rating without obtaining a type rating.
\237\ Ratings are placed on a pilot certificate (other than
student pilot) when an applicant satisfactorily accomplishes the
training and certification requirements for the rating sought. 14
CFR 61.5. To obtain an aircraft type rating, an applicant must pass
the practical test for the type rating at the ATP certification
level. 14 CFR 61.63(d)(3). To obtain a powered-lift category rating
on a commercial pilot certificate, the applicant must pass the
practical test on the areas of operation listed in Sec. 61.127(b)
that apply to the powered-lift category rating sought. 14 CFR
61.63(b); 61.123(g). To obtain an instrument-powered-lift rating,
the applicant must pass a practical test on the areas of operation
in Sec. 61.65(c).
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[[Page 39001]]
Under FAA regulations, a person seeking an airplane or helicopter
type rating has the flexibility to take the type rating practical test
independent of the other practical tests. For example, an applicant for
an airplane or helicopter type rating may obtain an instrument-airplane
or instrument-helicopter rating in an airplane or helicopter for which
a type rating is not required prior to applying for a type rating in an
airplane or helicopter. As a result, an applicant for an airplane or
helicopter type rating is not required to take a type rating practical
test concurrently with an instrument rating practical test. Similarly,
because there are airplanes and helicopters for which a type rating is
not required, an applicant for an airplane or helicopter type rating
may obtain the appropriate category and class ratings on their pilot
certificate prior to taking the type rating practical test.\238\ Thus,
an applicant for an airplane or helicopter type rating is not required
to take the type rating practical test concurrently with the practical
test for an aircraft category or class rating.
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\238\ To act as PIC of an airplane that requires a type rating,
the pilot must hold an airplane category rating with the appropriate
class rating on their pilot certificate. Similarly, to act as PIC of
a helicopter that requires a type rating, the pilot must hold a
rotorcraft category and helicopter class rating on their pilot
certificate. 14 CFR 61.31(d).
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If the FAA requires the PIC to hold a type rating for each type of
powered-lift, as proposed, there would be no powered-lift for which a
type rating is not required. As a result, the current regulations would
preclude a pilot from obtaining a powered-lift category rating or an
instrument-powered-lift rating prior to applying for their initial
powered-lift type rating practical test. Requiring applicants for an
initial powered-lift type rating to take three practical tests
concurrently would be both burdensome and inconsistent with the
flexibility that the regulations currently provide to applicants for
airplane and helicopter type ratings. Pursuant to Sec. 61.31(d), a
person may not act as PIC of a powered-lift unless that person obtains
both a powered-lift type rating and a powered-lift category rating on
their pilot certificate. The FAA therefore is not proposing any change
that would allow an applicant to apply for their initial powered-lift
type rating without concurrently obtaining a powered-lift category
rating. The FAA is proposing in Sec. 194.211(b)(1) to enable an
applicant to take the instrument-powered-lift rating independent from
the practical tests for the powered-lift category and type ratings. The
FAA has concluded that this temporary allowance as proposed would not
adversely affect safety.
Currently, Sec. 61.63(e) contains an exception to the requirement,
in Sec. 61.63(d)(1), for a type-rating applicant to hold or
concurrently obtain an appropriate instrument rating. Under Sec.
61.63(e), an applicant for a type rating who provides an aircraft that
is not capable of the instrument maneuvers and procedures required on
the practical test may receive a type rating upon completion of the
practical test with a ``VFR only'' limitation. The applicant may have
the ``VFR only'' limitation removed for that aircraft type by: (1)
passing a practical test in that type of aircraft in actual or
simulated instrument conditions; (2) passing a practical test in that
type of aircraft on the appropriate instrument maneuvers and procedures
in Sec. 61.157; or (3) becoming qualified under Sec. 61.73(d) for
that type of aircraft. Additionally, Sec. 61.63(e)(2) states that when
an instrument rating is issued to a person who holds one or more type
ratings, the amended pilot certificate must bear the ``VFR only''
limitation for each aircraft type rating that the person did not
demonstrate instrument competency.
The FAA is not proposing to amend Sec. 61.63(e). Therefore, if a
powered-lift is not capable of performing instrument maneuvers and
procedures, an applicant for a type rating in that powered-lift may
obtain a ``VFR only'' limitation in accordance with Sec. 61.63(e). The
FAA finds, however, that powered-lift that are capable of instrument
maneuvers and procedures would present a situation that differs from
other categories of aircraft because the FAA has not previously
required a type rating for each type of aircraft that falls within a
broad category of aircraft. To provide flexibility consistent with that
provided to applicants for an airplane or helicopter type rating, the
FAA is proposing Sec. 194.211(b), which would allow an applicant for a
powered-lift type rating to take the type rating practical test
independent of the practical test for the instrument-powered-lift
rating. Regarding the type rating practical test, proposed Sec.
194.211(b)(2) would also relieve an applicant from being tested on the
areas of operation listed in Sec. 61.157(e) that consist of performing
instrument maneuvers and procedures in actual or simulated instrument
conditions. The FAA is proposing to leverage the regulatory framework
that exists in Sec. 61.63(e), including the ``VFR only'' limitation,
to implement the desired flexibility.
Under proposed Sec. 194.211(b), an applicant for a powered-lift
type rating in addition to a powered-lift category rating may apply for
the type rating without holding or concurrently obtaining the
appropriate instrument rating. Consistent with current Sec.
61.63(d)(4) and (e), the applicant would not be required to perform the
type rating practical test in actual or simulated instrument
conditions. As stated in the draft ATP and Type Rating for the Powered-
Lift Category ACS, the applicant seeking a ``VFR only'' type rating
would conduct tasks that are normally performed by reference to the
instruments using visual references.\239\ Upon successfully completing
the practical test for the type rating, the applicant would receive the
powered-lift type rating with a ``VFR only'' limitation on their pilot
certificate.
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\239\ FAA-S-ACS-17, Appendix 1.
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The aeronautical experience requirements for an instrument-powered-
lift rating require the applicant to receive 3 hours of instrument
flight training from an authorized instructor in a powered-lift that is
appropriate to the instrument-powered-lift rating within 2 calendar
months before the date of the instrument rating practical test.\240\
The purpose of issuing the ``VFR only'' type rating to an applicant who
is applying for a powered-lift type rating concurrently with a powered-
lift category rating is to enable the applicant to take the instrument
rating practical test at a later date. Because the applicant will be
eligible to apply for the instrument rating practical test at the time
that they apply for the type rating and category rating practical
tests, the applicant will have already obtained 3 hours of flight
training in preparation for the instrument rating practical test within
the 2 calendar months preceding the month of the practical tests for
the type rating and category rating. The FAA therefore finds it
reasonable to propose a requirement, as set forth in proposed Sec.
194.211(b)(3), that would require the applicant to obtain the
instrument-powered-lift rating and remove the ``VFR only'' limitation
for the type rating within 2 calendar months from the month in which
the applicant passes the type rating practical test. The FAA believes
permitting persons to exercise the privileges of a ``VFR only''
powered-lift type rating for 2 calendar months would not adversely
affect safety. While the powered-lift would be capable of performing
instrument procedures and maneuvers, the ``VFR only'' limitation would
restrict the pilot from operating the powered-lift under IFR. As a
result, the pilot would be permitted to operate
[[Page 39002]]
the powered-lift only under the conditions for which the pilot
demonstrated mastery of the powered-lift on the practical test.\241\
Furthermore, current Sec. 61.133(b)(1) serves as a sufficient
safeguard to prevent any reduction in safety with respect to powered-
lift operations that would carry passengers for hire. Specifically,
under Sec. 61.133(b)(1), a person who applies for a commercial pilot
certificate with a powered-lift category rating would receive a
limitation if that person does not hold an instrument-powered-lift
rating. The limitation would prohibit the commercial pilot from
carrying passengers for hire in powered-lift on cross-country flights
in excess of 50 nautical miles or at night.
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\240\ 14 CFR 61.65(f)(2)(i).
\241\ 14 CFR 61.43(a)(2).
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To remove the ``VFR only'' limitation, pursuant to proposed Sec.
194.211(b)(4), the pilot would be required to: (1) pass an instrument
rating practical test in a powered-lift in actual or simulated
conditions, and (2) pass a practical test in the powered-lift for which
the ``VFR only'' limitation applies on the appropriate areas of
operation listed in Sec. 61.157(e) that consist of performing
instrument maneuvers and procedures in actual or simulated instrument
conditions. The FAA recognizes that the conditions for removing a ``VFR
only'' limitation from a powered-lift type rating would differ from the
conditions that currently exist in Sec. 61.63(e)(1)(ii), which apply
to the removal of a ``VFR only'' limitation from a type rating for an
aircraft that was not capable of performing instrument maneuvers and
procedures at the time of the type rating practical test.
Because the intent of the proposal is to permit the applicant to
complete the instrument rating practical test at a later date, the FAA
is proposing to require the satisfactory completion of the instrument
rating practical test as a condition of removing the ``VFR only''
limitation from the type rating. Additionally, because the applicant
was not required to perform the appropriate instrument maneuvers and
procedures for a type rating when they passed the practical test for a
``VFR only'' type rating, the FAA is also proposing to require the
satisfactory completion of the instrument portion of the type rating
practical test as a condition of removing the ``VFR only'' limitation.
After the FAA has had sufficient time to analyze the removal of a ``VFR
only'' limitation pursuant to Sec. 61.63(e)(1)(ii), the FAA may
contemplate future rulemaking to update the conditions specified
therein.
As previously stated, to remove the ``VFR only'' limitation for a
powered-lift type rating, a person would be required to take two
practical tests in actual or simulated instrument conditions: (1) the
instrument rating practical test, and (2) the portion of the type
rating practical test that includes performing instrument maneuvers and
procedures in actual or simulated conditions. The draft Instrument
Rating--Powered-Lift ACS specifies which tasks an applicant must
satisfactorily perform for the issuance of an instrument rating in the
powered-lift category. Similarly, the draft ATP and Type Rating
Powered-Lift Category ACS specifies which areas of operation and tasks
an applicant must satisfactorily perform on the type rating practical
test to remove the ``VFR only'' limitation for a powered-lift type.
Upon reviewing the proposed tasks required for each practical test, the
FAA has determined that a person would encounter several overlapping
tasks when taking the practical tests concurrently. The FAA has
evaluated the standards for each of the overlapping tasks and has
determined that it is unnecessary to require a person to perform the
same task more than once, provided the task is performed to the highest
standard set forth in the respective ACSs.
For example, a person would be required to perform a circling
approach procedure on both the instrument rating practical test and the
type rating practical test. The draft Instrument Rating--Powered-Lift
ACS requires the applicant to perform the procedures while maintaining
airspeed +/-10 knots and desired heading/track +/- 10 degrees. The
draft ATP or Type Rating Powered-Lift Category ACS also requires the
applicant to perform the circling approach procedure, but to more
exacting standards (i.e., maintain airspeed +/- 5 knots and desired
heading/track +/- 5 degrees). If a pilot demonstrates their ability to
perform the circling approach procedure to the more exacting standards
specified in the draft ATP or Type Rating Powered-Lift Category ACS,
the FAA finds it unnecessary to require that pilot to perform the same
task a second time to the less stringent standards specified in the
draft Instrument Rating--Powered-Lift ACS. Accordingly, when a task
required for the instrument rating practical test overlaps with a task
required for the type rating practical test, proposed Sec. 194.211(d)
would permit a person to perform the task a single time provided the
person performs the task to the highest standard required for the task.
The proposed language in Sec. 194.211(b)(4) concerning the
completion of the type rating practical test differs slightly from the
language in Sec. 61.63(e)(1)(ii)(B). The FAA's proposed language is
intended to clarify that the cross-reference to Sec. 61.157 refers to
the areas of operation of which the practical test for a type rating is
comprised. The areas of operation for a person seeking a powered-lift
type rating are contained in Sec. 61.157(e).\242\ A person who holds a
type rating with a ``VFR only'' limitation is required to pass the
portion of the type rating practical test that includes the instrument
maneuvers and procedures (e.g., the portion of the practical test that
was not previously completed). Therefore, only certain areas of
operation listed in Sec. 61.157(e) are appropriate. The draft ATP and
Type Rating for Powered-Lift Category ACS specifies which areas of
operation and which tasks must be completed for the removal of a ``VFR
only'' limitation. Furthermore, the FAA notes that, pursuant to Sec.
61.63(d)(4), the type rating practical test must be performed in actual
or simulated instrument conditions. For consistency with current Sec.
61.63(d)(4), proposed Sec. 194.211(b)(4)(ii) would make clear that the
practical test required to remove the ``VFR Only'' limitation for a
powered-lift type, which is a component of the powered-lift type rating
practical test, must be completed in actual or simulated instrument
conditions.\243\
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\242\ Section 61.63(d)(3) requires a person who applies for an
aircraft type rating or an aircraft type rating to be completed
concurrently with an aircraft category or class rating to pass the
practical test at the ATP certification level. Section 61.157(a)(1)
states that the practical test for an ATP certificate is given for
an aircraft type rating. The ATP practical test consists of the
areas of operation listed in Sec. 61.157(e) that apply to the
aircraft category and class rating sought. 14 CFR 61.153(h).
\243\ See also 14 CFR 61.157(b)(3).
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Pursuant to proposed Sec. 194.211(b)(5), if a person who obtains a
powered-lift type rating with a ``VFR only'' limitation pursuant to
Sec. 194.211(b)(1) does not remove the limitation within 2 calendar
months from the month in which the person completed the type rating
practical test, then the powered-lift type rating for which the ``VFR
only'' limitation applies will become invalid for use until the person
removes the limitation in accordance with Sec. 194.211(b)(4). Upon
becoming ``invalid,'' a person may no longer exercise the privileges
associated with the type rating and the ``VFR only'' limitation. For
powered-lift that are not large aircraft or turbojet-powered, the FAA
considered allowing a pilot after the two months had elapsed to
continue to exercise private pilot privileges until the limitation
could be removed and seeks comment on whether such relief would be
appropriate.
[[Page 39003]]
The FAA recognizes that, for aircraft that were not capable of
instrument maneuvers and procedures at the time of the type rating
practical test, Sec. 61.63(e)(1)(ii)(C) permits a person to remove the
``VFR only'' limitation for the aircraft type by becoming qualified
under Sec. 61.73(d) for that type of aircraft. Section 61.73(d)
permits a person to obtain an instrument-powered-lift rating based on
military pilot qualifications. A military powered-lift pilot seeking a
powered-lift type rating may obtain their powered-lift category rating
and instrument-powered-lift rating pursuant to the military competency
provisions of Sec. 61.73 prior to applying for a powered-lift type
rating practical test. As a result, these pilots would not encounter
the obstacle of taking all three practical tests simultaneously.
Because these pilots do not need the flexibility provided by the
proposal, which would permit the instrument rating practical test to be
completed at a later date, there are no circumstances under which these
pilots would be issued a ``VFR only'' limitation under the SFAR.\244\
The FAA therefore finds it unnecessary to enable persons to remove the
``VFR only'' limitation for a type of powered-lift by obtaining an
instrument-powered-lift rating pursuant to Sec. 61.73(d).
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\244\ These pilots could potentially receive a ``VFR only''
limitation for a powered-lift that is not capable of performing
instrument maneuvers and procedures pursuant to current Sec.
61.63(e).
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The FAA emphasizes that the proposed rule would not amend Sec.
61.63(d)(1). It would only add an option in the SFAR (i.e., part 194)
for applicants to take the instrument rating practical test separate
from the practical tests for a powered-lift type rating and a powered-
lift category rating. Thus, applicants for a powered-lift type rating
would still have the option to take all three practical tests
concurrently pursuant to Sec. 61.63(d)(1).
ii. Obtaining Powered-Lift Type Ratings With ``VFR only'' Limitations
on a Private Pilot Certificate
Under current Sec. 61.63(d)(1), a private pilot who applies for an
airplane or helicopter type rating is required to hold or concurrently
obtain an appropriate instrument rating. An airplane or helicopter,
however, only requires a type rating if the aircraft is large or
turbojet-powered. Thus, under the current regulations, a private pilot
may obtain the appropriate category and class ratings to operate
airplanes and helicopters that do not require a type rating under Sec.
61.31(a) without ever obtaining an appropriate instrument rating.\245\
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\245\ There are circumstances under which a private pilot would
be required to hold an instrument rating. To act as PIC of a civil
aircraft under IFR or in weather conditions less than the minimums
prescribed for VFR flight, a person must hold the appropriate
instrument rating on that person's pilot certificate. 14 CFR
61.3(e)(1). Additionally, to act as SIC of an aircraft type
certificated for more than one required pilot flightcrew member or
in operations requiring a SIC pilot flightcrew member, a person must
hold an instrument rating or privilege that applies to the aircraft
being flown if the flight is conducted under IFR. 14 CFR
61.55(a)(2).
---------------------------------------------------------------------------
As discussed previously, the FAA's proposal would require a type
rating for each type of powered-lift. As a result, the current
requirement in Sec. 61.63(d)(1) to hold or concurrently obtain an
instrument rating would apply to every person seeking to operate a
powered-lift, including private pilots.
Due to the FAA's inability to establish classes of powered-lift at
this time, the underlying reasons for requiring a type rating for a
powered-lift differ, in part, from the reasons for requiring a type
rating for large aircraft and turbojet-powered airplanes. For example,
as explained further in section V.A of this preamble, there is a lack
of commonality between powered-lift, which makes it infeasible for the
FAA to establish classes of powered-lift at this time. By requiring a
type rating for each type of powered-lift, the FAA would ensure that
persons are trained and tested on the unique design and operating
characteristics of each powered-lift. If the FAA were able to establish
classes of powered-lift, private pilots would be permitted to obtain
powered-lift category and class ratings without concurrently obtaining
an instrument rating, similar to what is currently permitted for
airplanes and helicopters under part 61. These private pilots would be
required to obtain an appropriate instrument rating only if the
powered-lift required a type rating pursuant to the current
requirements in Sec. 61.31(a) (e.g., large aircraft or turbojet-
powered).\246\
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\246\ Currently, Sec. 61.31(a)(2) applies to turbojet-powered
airplanes. However, in the future, if the FAA proposes an amendment
to establish classes for powered-lift, it would also propose a
corresponding amendment to Sec. 61.31(a)(2) to include turbojet-
powered powered-lift.
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The FAA recognizes that there may be private pilots who seek to
operate a powered-lift under VFR without ever obtaining an instrument-
powered-lift rating. In light of the current regulatory framework for
private pilots with airplane and helicopter ratings, the limited
privileges associated with the private pilot certificate, and the
underlying reasons for requiring type ratings for all powered-lift, the
FAA is proposing in Sec. 194.211(b)(6) to except certain private
pilots from the requirement to remove the ``VFR only'' limitation set
forth in proposed Sec. 194.211(b)(3). Specifically, a private pilot
who obtains a ``VFR only'' type rating for a powered-lift that is less
than (or equal to) 12,500 pounds,\247\ maximum certificated takeoff
weight, and not turbojet-powered would not be required to remove the
``VFR only'' limitation within a certain timeframe.
---------------------------------------------------------------------------
\247\ This aligns with the definition of large aircraft,
provided in Sec. 1.1 as aircraft more than 12,500 pounds, maximum
certificated takeoff weight.
---------------------------------------------------------------------------
The FAA finds that this proposal would not adversely affect safety.
The proposed exception for the aforementioned private pilots would
result in an outcome consistent with airplane and helicopter pilots
under current Sec. 61.63(d)(1), as a private pilot seeking a powered-
lift type rating would be required to hold or concurrently obtain an
instrument-powered-lift rating only if the aircraft is large or
turbojet-powered. This would enable private pilots seeking to operate a
powered-lift under VFR only to obtain the required category and type
ratings for the powered-lift without also obtaining the appropriate
instrument rating. Additionally, a private pilot has limited privileges
compared to a commercial pilot. Current Sec. 61.113(a), which sets
forth private pilot privileges and limitations, serves as a sufficient
safeguard to ensure an appropriate level of safety. Specifically, a
person who holds a private pilot certificate is generally prohibited
from acting as PIC of an aircraft that is operating for compensation or
hire, or that is carrying passengers or property for compensation or
hire.\248\ Therefore, a private pilot with a ``VFR only'' type rating
would not be permitted to operate the powered-lift for compensation or
hire or carry persons or property for compensation or hire.\249\
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\248\ 14 CFR 61.113(a).
\249\ Section 61.113(a) prohibits private pilots from acting as
PIC for compensation or hire or from acting as PIC carrying persons
or property for compensation or hire. Section 61.113(b) through (h)
contain limited exceptions to these general prohibitions (e.g.,
expense-sharing with passengers).
---------------------------------------------------------------------------
Furthermore, recognizing the reasons for requiring a type rating
for each type of powered-lift, the FAA concludes that a private pilot
who passes a ``VFR only'' type rating practical test would still be
required to be trained and tested on the unique design and operating
characteristics of each powered-lift. While the private pilot would not
be required to perform the instrument maneuvers and procedures required
for
[[Page 39004]]
a type rating on the practical test, the pilot would still be required
to demonstrate mastery of the powered-lift on the type rating practical
test while performing the required tasks using visual references.
Additionally, because the private pilot would hold a ``VFR only''
limitation for the powered-lift type, the pilot would be authorized to
operate the powered-lift only under the conditions for which the pilot
demonstrated proficiency of the aircraft, meaning the pilot could not
act as PIC under IFR or weather conditions less than the minimums for
VFR.
In addition to proposing an exception in proposed Sec.
194.211(b)(6) that would enable private pilots of certain powered-lift
to retain the ``VFR only'' type rating indefinitely, the FAA is
proposing Sec. 194.211(c)(1), which would allow for these private
pilots to obtain additional ``VFR only'' type ratings on their private
pilot certificates, provided the powered-lift are not large or
turbojet-powered. Consistent with current Sec. 61.63(d)(4) and (e) and
proposed Sec. 194.211(b)(2), the applicant would not be required to
perform the VFR only type rating practical test in actual or simulated
instrument conditions.
While the FAA is not proposing to require private pilots to remove
``VFR only'' limitations when those limitations apply to powered-lift
that are not large aircraft and not turbojet-powered, the FAA is
proposing rule language that would provide these private pilots with
the option to do so. A private pilot would remove the ``VFR only''
limitation in the same manner as discussed in this section (i.e.,
through proposed Sec. 194.211(b)(4)).
iii. Clarification of Requirements for a Practical Test in an Aircraft
That Requires a Type Rating
As previously discussed, the FAA is proposing relief to prevent a
pilot seeking powered-lift ratings from having to complete three
practical tests simultaneously. The proposed relief is consistent with
the FAA's longstanding view that a person who uses an aircraft that
requires a type rating for the practical test cannot complete the
practical test if it does not include the tasks and maneuvers for the
type rating (which are the same tasks and maneuvers required for an ATP
certificate with category and class ratings). In essence, it is not
possible to demonstrate mastery of the aircraft as required by Sec.
61.43(a) in an aircraft that requires a type rating by performing the
tasks and maneuvers for a category and class rating alone. As such,
when an applicant furnishes an aircraft that requires a type rating (or
an FSTD that represents an aircraft requiring a type rating) for a
practical test, the applicant must meet the requirements for the type
rating under Sec. 61.63(d) for a private pilot or commercial pilot
certificate or Sec. 61.157(b) for an airline transport pilot
certificate.\250\ The FAA notes that the Fifth Circuit recently
concluded that FAA's regulations do not currently require an applicant
furnishing an aircraft that requires a type rating to also satisfy all
of the requirements for the type rating.\251\ Therefore, the FAA is
proposing to add language to make completely clear that a person may
not furnish an aircraft that requires a type rating (or an FSTD
representing an aircraft requiring a type rating) for the practical
test without being eligible for a type rating and applying for a type
rating, unless the person already has the type rating.
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\250\ To be eligible for a type rating practical test, a pilot
must receive training on the areas of operation listed in Sec.
61.157(e) that apply to the aircraft type rating. 14 CFR 61.63(d)(2)
and 61.157(b). The detailed tasks associated with each area of
operation are provided in the ATP and Type Rating ACS. How a task is
performed may vary depending on the systems and capabilities of the
aircraft type. Therefore, to satisfactorily complete a type rating
practical test, a pilot should be trained on how to perform the
tasks specified for each area of operation in the aircraft for which
a type rating sought. The flight training should prepare the pilot
to demonstrate mastery of the aircraft by performing each task
successfully. 14 CFR 61.43(a).
\251\ See Flight Training Int'l, Inc. v. Fed. Aviation Admin. 58
F.4th 234 (5th Cir. 2023).
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Given the relevancy of the issue to this rulemaking, the FAA
proposes three amendments in part 61. First, the FAA proposes to
clarify certain prerequisites for practical tests by revising Sec.
61.39(a)(3). Specifically, paragraph (a)(3) requires an applicant for a
practical test for a certificate or rating issued under part 61 to
accomplish the required training and obtain certain aeronautical
experience. The FAA proposes to revise paragraph (a)(3), which requires
a person applying for a practical test to meet the training and
aeronautical experience for the certificate or rating sought. The FAA
proposes to create paragraphs (a)(3)(i) and (ii). Paragraph (a)(3)(i)
would retain the currently situated requirement that if an applicant
applies for a practical test with flight time accomplished under Sec.
61.159(c), the applicant must present certain records required by part
135. The FAA proposes to add new paragraph (a)(3)(ii), which would
require an applicant seeking an initial category and class rating, if a
class rating is required, on a private, commercial, or ATP certificate
in an aircraft that requires a type rating (or a FSTD that represents
an aircraft that requires a type rating) to either meet the eligibility
requirements for a type rating in that aircraft or already hold that
type rating on the person's pilot certificate. In other words,
regardless of whether an applicant tests in an aircraft or tests in an
FSTD, if the applicant furnishes an aircraft (or aircraft represented)
that requires a type rating for the practical test, then the applicant
must be eligible for the type rating practical test \252\ unless the
applicant already holds the type rating.
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\252\ The FAA notes that the practical test for an ATP
certificate with category and class ratings is the same test for a
type rating. The FAA speaks in its regulations to ``concurrent''
tests because it is not possible to have successfully completed the
testing requirements for category and class ratings at the ATP
certificate level in an aircraft requiring a type rating without
also completing the requirements for a type rating.
---------------------------------------------------------------------------
The general procedures for practical tests are set forth in Sec.
61.43. The FAA finds this is the most appropriate place to clarify the
relationship between an ATP practical test and a type rating practical
test. Therefore, the FAA proposes new paragraph (g) to clarify that a
practical test for an ATP certificate with category and class ratings
(if a class rating is required) in an aircraft that requires a type
rating, or in an FSTD that represents an aircraft that requires a type
rating, includes the same tasks and maneuvers as a practical test for a
type rating. This proposed change would foreclose the concept that a
lesser test can be administered for category and class ratings at the
ATP certificate level.
Finally, the FAA proposes a conforming amendment applicable to
those examiners who are authorized by the Administrator to conduct
practical tests.\253\ Specifically, the proposed new Sec. 61.47(d)
would restrict an examiner from conducting a practical test for the
issuance of an initial category and class rating (if a class rating is
required) in an aircraft that requires a type rating (or corresponding
FSTD) to an applicant who does not already have the type rating unless,
first, the applicant meets the eligibility requirements for a type
rating and, second, the practical test contains the tasks for a type
rating specified for the areas of operation at the airline transport
pilot certificate level. The FAA also proposes to revise the heading of
Sec. 61.47 to more accurately describe the regulations set forth in
the section. The FAA notes that an examiner may never conduct a
practical test if an applicant does not meet the eligibility
requirements for the
[[Page 39005]]
certificate or rating sought.\254\ However, the FAA wishes to clarify
that an applicant cannot avoid the training requirements for a type
rating by ``seeking'' only a category and class rating at the ATP
certificate level. The proposed change would make clear that an
examiner may not conduct a practical test in an aircraft that requires
a type rating unless the applicant is eligible for the type rating.
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\253\ See 49 U.S.C. 44702(d), which gives the Administrator the
authority to delegate a matter related to the examination, testing,
and inspection necessary to issue a certificate under part 61.
\254\ For example, if an examiner is presented with an applicant
for a commercial pilot certificate who has only 100 hours total
flight time, no test may be administered due to the applicant's
ineligibility for the practical test.
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The FAA finds that the three regulations, in tandem, will
sufficiently ensure that a scenario is avoided where someone seeks a
category or class rating in an aircraft that requires a type rating
without fully demonstrating mastery of the aircraft furnished for the
practical test. The FAA notes that in the case of an airplane or
rotorcraft, an applicant retains the option of furnishing an aircraft
that does not require a type rating if the applicant seeks only
category and class ratings. For powered-lift, which as proposed would
all require type ratings, an applicant would be foreclosed from seeking
a powered-lift category rating without concurrently obtaining a type
rating.
H. Miscellaneous Amendments
1. Aeronautical Experience for Private Pilot Applicants (Sec.
61.109(e)(5))
Section 61.109 sets forth the aeronautical experience requirements
that an applicant must meet to be eligible for a private pilot
certificate. Section 61.109 contains several paragraphs that prescribe
specific aeronautical experience requirements for the respective rating
sought. Specifically, for airplane single-engine and helicopter
ratings, Sec. 61.109(a) and (c) require 10 hours of solo flight time
in the category and class of aircraft for which the rating is sought.
Similarly, for an airplane multiengine rating, Sec. 61.109(c) requires
10 hours of solo flight time in any airplane. However, for a powered-
lift category rating, Sec. 61.109(e)(5) currently allows an applicant
to obtain 10 hours of solo flight time in either an airplane or a
powered-lift.\255\
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\255\ Specifically, Sec. 61.109(e)(5) requires 10 hours of solo
flight time in an airplane or powered-lift consisting of at least:
(1) five hours of cross-country time; (2) one solo cross-country
flight of 150 nautical miles total distance with three full-stop
landings at three points and one segment of the flight consistent of
a straight-line distance of more than 50 nautical miles between
takeoff and landing locations; and (3) three takeoffs and landings
to a full stop (with each landing involving a flight in the traffic
pattern) at an airport that has an operating control tower.
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As discussed, the FAA added the aeronautical experience
requirements for powered-lift in the 1997 final rule.\256\ In the
preamble to that final rule, the FAA explained that it was permitting
an applicant for a powered-lift rating to accomplish solo flight time
in an airplane or powered-lift in response to concerns raised by
commenters regarding the ability for a pilot to rent or be insured to
fly solo in a multiengine aircraft without holding a multiengine
rating.\257\ At the time of the 1997 final rule, the FAA could not
anticipate the manner in which the powered-lift category would emerge.
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\256\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
\257\ Id. at 16264-65.
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As noted earlier in the preamble, the FAA anticipates that the
initial powered-lift that will obtain type certification are intended
for commercial purposes. However, a number of manufacturers are also
engaged in developing powered-lift that would be for personal use. As
explained in section V.A of this preamble, the FAA proposes to require
a type rating for each powered-lift because it is not feasible to
establish classes of powered-lift due to their significantly different
flight characteristics. Because there are no powered-lift classes, and
the FAA declines at this time to differentiate between multiengine and
single engine powered-lift classes,\258\ the FAA finds that the lack of
a multiengine powered-lift class rating would not preclude a pilot from
renting a powered-lift. Additionally, to the extent a pilot may obtain
a multiengine airplane rating, the FAA finds that holding such a rating
would not provide any assurance that the pilot has the skills necessary
to operate a powered-lift. The FAA, therefore, finds that the concerns
noted in the 1997 preamble are no longer valid. Furthermore, permitting
a private pilot applicant to obtain 10 hours of solo flight time in an
airplane for the purpose of obtaining a powered-lift category rating
presents a significant safety issue because airplane and powered-lift
are two very different categories of aircraft.
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\258\ See section VII.A of this preamble for additional
discussion.
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As discussed in section V.A of this preamble, not only do different
powered-lift vary widely within the respective category, they are
essentially a hybrid between an airplane and a helicopter. When flying
an airplane, the applicant will never encounter the vertical take-off
and landing characteristics fundamental to a powered-lift. The most
critical phases of flight for airplanes and helicopters, and where most
accidents occur, are during the takeoff and landing phases of
flight.\259\ For example, improper application of an airplane's flight
controls at slow airspeeds could result in a stall and spin event,
oftentimes resulting in accidents. Similarly, improper application of
flight control inputs during the takeoff and landing in a helicopter
can result in loss of control. For example, during takeoff, a
helicopter encounters aerodynamics events such as effective
translational lift and transverse flow effect that are specific to a
rotor system transitioning from hovering to forward flight.\260\ These
anomalies require specific inputs to assure that a safe transition to
forward flight can occur during takeoff and transition to en route
flight. The FAA anticipates that the most critical phases of flight for
powered-lift will also be during the takeoff and landing phases of
flight. It is important for a private pilot applicant to gain
experience with the operating characteristics of a powered-lift as the
sole occupant onboard during the takeoff and landing phases of flight.
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\259\ Phase of Flight for General Aviation Accidents, 2018
Aviation: Data & Stats (ntsb.gov).
\260\ Helicopter Flying Handbook, Helicopter Flying Handbook
(FAA-H-8083-21B) Chapter 2, pages 2-22 and 2-23.
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In light of the different operating capabilities of airplanes
compared to powered-lift, the FAA concludes that the skills acquired
during solo flight time in an airplane are not interchangeable with the
skills acquired during solo flight time in a powered-lift.\261\ An
applicant for a private pilot certificate seeking a powered-lift rating
must obtain experience operating the powered-lift on solo flights to
ensure the applicant has a sufficient amount of aeronautical experience
manipulating the controls of the powered-lift as the sole occupant.
This flight time is critical to the development of a skilled, safe
pilot as it fosters the applicant's decision-making skills, enables the
applicant to reinforce the skills acquired during training as the sole
manipulator
[[Page 39006]]
of the controls, and ensures the applicant develops the skills
necessary to operate the powered-lift during the critical phases of
flight.
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\261\ The FAA acknowledges that a recent final rule permits
military powered-lift pilots to credit time in horizontal flight in
a powered-lift toward the airplane requirements for an ATP
certificate. This final rule was based on the operational
similarities between military powered-lift in horizontal flight and
airplanes. Allowing an experienced military powered-lift pilot to
credit a portion of flight time in powered-lift toward a subset of
the time required for an airplane rating at the ATP certificate
level is wholly distinguishable from allowing training time in an
airplane to be used to satisfy time in a powered-lift at the start
of a person's flying experience. Recognition of Pilot in Command
Experience in the Military and Air Carrier Operations, Final Rule,
87 FR 57578 (Sep. 21, 2022).
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For the reasons stated previously, the FAA is proposing to amend
Sec. 61.109(e)(5) to require an applicant for a private pilot
certificate with a powered-lift category rating to obtain 10 hours of
solo flight time in a powered-lift. In addition to providing an
adequate level of safety, requiring the applicant to obtain solo flight
time in the category of aircraft for which the rating is sought would
ensure consistency with the aeronautical experience requirements in
Sec. 61.109 that apply to persons seeking airplane and helicopter
ratings.
2. Removal of Sec. Sec. 61.63(h) and 61.165(g)
Before 2004, Sec. 61.31 allowed a pilot to operate an experimental
aircraft carrying passengers without a category and class rating when
permitted by the aircraft's operating limitations. In 2004, the FAA
amended Sec. 61.31 to require persons to hold the appropriate category
and class rating when carrying a passenger regardless of the aircraft's
airworthiness certificate. The amendment also established a method to
credit previous experience gained in an experimental aircraft to ensure
pilots complied with the revised provisions.\262\ Specifically, to
ensure that pilots operating under regulations before the final rule
change requiring appropriate category and class ratings complied with
the revised provisions, the FAA added Sec. Sec. 61.63(k) and
61.165(f), which is currently situated as Sec. Sec. 61.63(h) and
61.165(g). These provisions permit certificated pilots who hold a
recreational pilot certificate or higher but do not have a category and
class rating to operate the experimental aircraft to apply for a
category and class rating with the limitation ``experimental aircraft
only'' and a designation for the make and model aircraft authorized to
be operated. Pilots seeking this privilege are required to have logged
at least 5 hours of PIC time in the same category, class, make, and
model of aircraft issued an experimental certificate. The applicant is
required to receive a logbook endorsement from an authorized flight
instructor who has determined that they are proficient to act as PIC of
the same category and class of aircraft.
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\262\ Certification of Aircraft and Airmen for the Operation of
Light-Sport Aircraft, Final Rule, 69 FR 44772, 44829 (Jul. 27,
2004). This amendment was adopted as Sec. 61.31(k)(2)(iii)(B), but
is currently codified as Sec. 61.31(l)(2)(iii)(B). 74 FR 42499,
42548.
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Additionally, the FAA required the 5 hours of flight time to have
been logged between September 1, 2004, and August 31, 2005. The FAA
reasoned that the 5 hours of PIC time received within the 12-month
window, as well as the endorsement from a flight instructor, ensures
recent experience and necessary skills in the category and class of
experimental aircraft that the applicant intends to operate. Upon
satisfaction of these requirements, the FAA will issue the applicant a
new pilot certificate with the additional category and class rating and
the limitation ``experimental aircraft only'' without any further
testing.
After more than 15 years since initial codification, the FAA
anticipates that individuals that were operating under the pre-2004
requirements have already utilized Sec. Sec. 61.63(h) and 61.165(g) to
obtain a limited category and class rating. As a result, the FAA
proposes to remove Sec. Sec. 61.63(h) and 61.165(g). The FAA notes
that these subsections would be removed upon the effective date of the
final rule. Therefore, any certificate holders that have not yet
obtained a limited category and class rating under Sec. Sec. 61.63(h)
and 61.165(g), but wish to do so, would have until that date to utilize
the provisions.
3. ATP Privileges and Limitations (Sec. 61.167)
Section 61.167 prescribes the privileges and limitations for an ATP
certificate holder. Currently, under Sec. 61.167(a)(2), a person who
holds an ATP certificate and has met the aeronautical experience
requirements of Sec. 61.159 or Sec. 61.161 and the age requirements
of Sec. 61.153(a)(1) may instruct other pilots in air transportation
service in accordance with the requirements set forth in Sec.
61.167(a)(2)(i) through (iv). Section 61.159 contains the aeronautical
experience requirements for an applicant seeking an ATP certificate
with an airplane category and class rating, and Sec. 61.161 contains
the aeronautical experience requirements for an applicant seeking an
ATP certificate with a rotorcraft category and helicopter class rating.
Currently, because Sec. 61.167(a)(2) references only Sec. Sec. 61.159
and 61.161, the privileges for ATPs set forth in Sec. 61.167(a)(2) do
not extend to an ATP certificate holder who has met the aeronautical
experience requirements for powered-lift in Sec. 61.163.\263\ As such,
powered-lift ATPs may not instruct in accordance with Sec.
61.167(a)(2)(i) through (iv).
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\263\ Section 61.163 contains the aeronautical experience
requirements for an applicant seeking an ATP certificate with a
powered-lift category rating.
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As explained in section V.F of this preamble, Sec. 61.3(d)(3)(ii)
permits a person to instruct in accordance with an approved training
program under part 135 without holding a flight instructor certificate,
provided that person holds an ATP certificate with the ratings
appropriate to the aircraft in which training is given. The FAA is
therefore proposing to amend Sec. 61.167(a)(2) to include a reference
to the aeronautical experience requirements in Sec. 61.163. This
proposed amendment would ensure that persons who obtain an ATP
certificate with the appropriate powered-lift ratings may instruct
other pilots in air transportation service in powered-lift, consistent
with what is permitted for persons who hold an ATP certificate with
either airplane or helicopter ratings. The FAA notes that, under
proposed Sec. 194.205, the proposed change to Sec. 61.167(a)(2) would
not permit an ATP with powered-lift ratings to conduct training in the
part 135 operator's airman certification curriculum proposed in Sec.
194.243(a).
4. Second-in-Command Time in Part 135 Operations
In 2018, the FAA issued a final rule that amended Sec. 135.99 to
allow a certificate holder to receive approval of an SIC professional
development program (SIC PDP).\264\ An SIC PDP allows the certificate
holder's pilots to log SIC time in certain operations \265\ conducted
under part 135 in an airplane or operation that does not otherwise
require an SIC.\266\ As described in that final rule, a comprehensive
SIC PDP provides opportunities for beneficial flight experience that
may not otherwise exist. Recognizing the benefits of that flight time,
the FAA also amended Sec. Sec. 61.159 and 61.161 to allow a pilot to
credit SIC time logged under an SIC PDP towards certain flight time
requirements for an ATP certificate with an airplane category or a
rotorcraft category and helicopter class rating.\267\ In the NPRM that
preceded the 2018 final rule,\268\ the
[[Page 39007]]
FAA acknowledged the value of pilot experience gained by airmen who
have been properly trained to serve as SIC in the air carrier
environment. In Public Law 111-216, Congress directed the FAA to ensure
that applicants for an ATP certificate have received flight training,
academic training, or operational experience that will prepare the
pilot to, among other things, function effectively in a multipilot
environment, adhere to the highest professional standards, and function
effectively in an air carrier operational environment. The FAA
determined that permitting pilots to credit SIC time logged under an
SIC PDP, which provides an appropriate training and mentoring
environment, towards the flight time requirements for ATP certification
would support the congressional directive and provide an effective
method to acquire experience for ATP certification. Additionally, the
experience acquired under an SIC PDP would provide a strong
foundational experience for the development of a professional pilot.
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\264\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
final rule, 83 FR 30240 (Jun. 27, 2018).
\265\ Under an SIC PDP, the aircraft must be either a
multiengine airplane or a single-engine turbine-powered airplane.
See 14 CFR 135.99(c)(2).
\266\ Prior to the 2018 final rule, a person serving as SIC in a
part 135 operation could log SIC time only if more than one pilot
was required under the type certification of the aircraft or the
regulations under which the flight was being conducted. 14 CFR
61.51(f)(2).
\267\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions:
Final Rule, 83 FR 30240 (Jun. 27, 2018).
\268\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
NPRM, 81 FR 29728 (May 12, 2016).
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For the same reasons, the FAA concludes that a pilot should be able
to credit SIC time logged under an SIC PDP towards an ATP certificate
with a powered-lift category rating as is allowed for pilots applying
for an ATP certificate with an airplane category or a rotorcraft
category and helicopter class rating. Specifically, the FAA proposes to
amend Sec. 61.163 to add paragraph (c) to allow SIC time logged under
an SIC PDP to be counted towards the total time as a pilot required by
Sec. 61.163(a) and the specific flight time requirements for ATP
certification set forth in Sec. 61.163(a)(1), (2), and (4) (e.g.,
cross-country time, night flight time, and instrument flight time). A
person may not credit the SIC time logged under an SIC PDP towards the
powered-lift-specific flight time requirements of Sec. 61.163(a)(3)
because the aircraft operated under an approved SIC PDP must be a
multiengine airplane or a single-engine turbine-powered airplane. The
proposed amendment to Sec. 61.163 would ensure that a commercial pilot
can log SIC flight time acquired under a SIC PDP towards an ATP
certificate with a powered-lift category rating in the same manner as
currently allowed for an ATP certificate with an airplane category
rating or a rotorcraft category and helicopter class rating.\269\
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\269\ This proposal would not enable a part 135 operator to seek
approval of an SIC PDP in powered-lift. The FAA is not proposing
changes to the aircraft requirements for an SIC PDP set forth in
Sec. 135.99(c).
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The FAA notes that the International Civil Aviation Organization
(ICAO) currently has a standard for logging flight time to meet the
standards for certificates and ratings that does not recognize the
crediting of flight time when a pilot is not required by the aircraft
certification or the operation under which the flight is being
conducted. However, ICAO currently has only recommended practices, as
opposed to standards, for minimum flight time requirements for powered-
lift ratings. If these ICAO recommended practices become standards
prior to the FAA's publication of a final rule, the pilots who rely on
flight time logged under an SIC PDP to meet the requirements for an ATP
certificate with a powered-lift category rating must have a limitation
on their ATP certificates indicating that they do not meet the PIC
aeronautical experience requirements of ICAO. This limitation may be
removed when the pilot presents satisfactory evidence that they have
met the new ICAO standards.\270\ The FAA proposes to add paragraphs (d)
and (e) to Sec. 61.163 to include the requirement for the ICAO
limitation and the requirements for removing the limitation, under the
assumption that the ICAO recommendations for powered-lift will become
the ICAO standards for powered-lift in the future. The FAA will
reevaluate the status of ICAO's powered-lift experience provisions
prior to issuing a final rule to determine whether the proposed rule
language in Sec. 61.163(d) and (e) are necessary.
---------------------------------------------------------------------------
\270\ See Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
NPRM, 81 FR 29728 (May 12, 2016).
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5. References to Category and Class
The FAA has identified several regulations in part 61 that contain
references to the category and class of aircraft. As previously
explained, the FAA is not establishing classes of powered-lift. As a
result, the requirements that must be met for the appropriate class of
aircraft would present a problem for powered-lift pilots. For example,
because a powered-lift pilot would hold a category rating but not a
class rating, that pilot would not be able to satisfy requirements,
such as Sec. 61.3(e), that require the person to hold the appropriate
category and class rating. Additionally, because there would be no
classes of powered-lift, persons would be unable to satisfy the
requirements for an aircraft, flight simulator, or FTD to represent the
category and class of powered-lift. The FAA is therefore proposing to
update the regulatory references to category and class throughout part
61 to make clear that the reference to class is only appropriate if the
regulations require classes for the category of aircraft.\271\ The
following sections would be amended to reflect this change: Sec. Sec.
61.3(e)(1) and (2), (f)(2)(i) and (ii), and (g)(2)(i) and (ii);
61.45(a)(1)(i) and (a)(2)(ii); 61.51(f)(2); 61.57(a)(1)(ii),
(b)(1)(ii), and (g)(1) and (4); and 61.64(a)(1) and (g)(1).
---------------------------------------------------------------------------
\271\ See 14 CFR 61.5(b) (prescribing the various ratings that
are placed on a pilot certificate, other than student pilot, when an
applicant satisfactorily accomplishes the training and certification
requirements for the rating sought).
---------------------------------------------------------------------------
The FAA has also identified numerous provisions in part 141 and its
appendices that reference category and class of aircraft. The
qualification requirements for chief flight instructor, assistant
flight instructor, and check instructor contained in Sec. Sec.
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) require that the
person hold a commercial pilot certificate or ATP certificate and a
current flight instructor certificate. For flight training, these
certificates must contain the appropriate aircraft category, class, and
instrument ratings (if required) for the category and class of aircraft
used in the course. For checks and tests related to ground training, to
be eligible to be designated as a check instructor, Sec.
141.37(a)(3)(ii) requires the person to hold a current flight
instructor certificate or ground instructor certificate with the
ratings appropriate to the category and class of the aircraft used in
the course.\272\ Additionally, the course content contained in the
appendices also references class of aircraft, which is inapplicable
when a powered-lift is used in a course of training. The references to
class of aircraft in these provisions pose the same issues as the
references to class in part 61 for powered-lift pilots (i.e., powered-
lift pilots would be able to satisfy requirements for category ratings,
but not class ratings).
---------------------------------------------------------------------------
\272\ The FAA recognizes that category and class ratings are not
placed on a ground instructor certificate. Rather, pursuant to Sec.
61.5(d), the FAA places basic, advanced and instrument ratings on a
ground instructor certificate. Therefore, the requirement to hold
the appropriate category and class ratings on an instructor
certificate in Sec. 141.37(a)(3)(ii) applies to persons who hold a
flight instructor certificate. The FAA is not proposing any
permanent amendments to part 141 in this rulemaking. Thus, the FAA
is not proposing to update Sec. 141.37(a)(3)(ii) at this time.
However, the FAA may contemplate a clarifying amendment to Sec.
141.37(a)(3)(ii) in a future rulemaking.
---------------------------------------------------------------------------
However, the FAA has determined that a different approach would
best address the references to class throughout part 141. The only
regulatory requirements that reference
[[Page 39008]]
class are those qualification requirements discussed previously. The
FAA proposes Sec. 194.241, which would remove the qualification
requirement to hold a class rating in Sec. Sec. 141.35(a)(1),
141.36(a)(1), and 141.37(a)(2)(ii) and (a)(3)(ii) when a powered-lift
is used in the course. Additionally, proposed Sec. 194.241(a) and (b)
would delineate the certificates and aircraft ratings a person must
hold to be designated as a chief instructor, an assistant chief
instructor, or a check instructor (for checks and tests that relate to
flight training and ground training) when a powered-lift is used in the
course. As discussed in section V.A of this preamble, due to the
significant operational differences between each powered-lift, the FAA
is not establishing classes of powered-lift but is instead requiring
the PIC of a powered-lift to hold a type rating for the aircraft.
Therefore, in delineating the ratings that must be held on the pilot
certificate for persons seeking designation as a chief instructor, an
assistant chief instructor, or a check instructor (for checks and tests
that relate to flight training), the FAA proposes to add the
requirement that a person must hold a powered-lift type rating.\273\
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\273\ This proposed requirement provides additional clarity
regarding the need for these instructors to hold a powered-lift type
rating to receive these designations. Under the part 141 regulations
discussed in this section and the proposed SFAR provision of Sec.
194.241, to be designated a chief instructor, assistant chief
instructor, or a check instructor (for checks and tests that relate
to flight training), a current flight instructor certificate must be
held. A person who holds a flight instructor certificate is subject
to the limitations contained in Sec. 61.195. Specifically, Sec.
61.195(e) prohibits a flight instructor from giving training in an
aircraft that requires the PIC to hold a type rating unless the
flight instructor holds a type rating for the aircraft on their
pilot certificate for that aircraft. Because a PIC of a powered-lift
would be required to hold a type rating, to provide flight training
in a powered-lift, the flight instructor would be required to hold a
type rating for the powered-lift as well.
---------------------------------------------------------------------------
Other than the qualification requirements in Sec. Sec.
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii), the references to
class in part 141 exist in the appendices. Each appendix contains
content pertaining to a course of training for a certificate or rating.
For the same reasons previously discussed, the FAA proposes Sec.
194.249(b) that would make the references to class contained in course
content in the appendices to part 141 inapplicable when a powered-lift
is used for a course of training. This SFAR provision would accurately
and comprehensively resolve each problematic reference to class in the
appendices to part 141. Additionally, it would provide the FAA time to
assess which permanent changes will be needed in the appendices to part
141 to accommodate the use of powered-lift in the certification and
rating courses long-term.
In addition to the class references identified in parts 61 and 141,
there are several class references throughout subpart K of part 91 and
parts 135 and 142 that pose challenges for powered-lift pilots, program
managers, training centers, and other affected persons and entities.
Under subpart K of part 91, Sec. 91.1055(b)(2) references class of
aircraft. Section 91.1055(b)(2) allows deviation from flight-time hour
requirements for PICs and SICs operating program flights if an existing
program manager adds a new category and class of aircraft to its fleet
not used before in its operation. In the absence of classes for
powered-lift, fractional ownership program managers could not utilize
this deviation authority. To remedy the discrepancy posed by the
reference to the aircraft class requirement in this section, the FAA
proposes Sec. 194.245(b) to clarify that this reference to class is
inapplicable when a powered-lift is used for the operation under
subpart K of part 91.
Under part 135, Sec. Sec. 135.4(b)(2), 135.247(a)(1) and (2), and
135.603 also reference class of aircraft. Specifically, Sec.
135.4(b)(2) closely aligns with the text of Sec. 91.1055(b)(2)--
allowing deviation from certain crewmember experience requirements if
the certificate holder adds to its fleet a new category and class of
aircraft not used before in its operation. Section 135.247(a)(1) and
(2) require a PIC in an aircraft carrying passengers to make three
takeoffs and landings, and three additional takeoffs and landings for
operations after sunset and before sunrise, as the sole manipulator of
the flight controls in an aircraft of the same category, class, and
type, if a type rating is required, in which that person is to serve.
Finally, Sec. 135.603 requires the PIC of a helicopter air ambulance
operation to meet the requirements of Sec. 135.243 and to hold either
a helicopter instrument rating or an ATP certificate with a category
and class rating for that aircraft, not limited to VFR.\274\
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\274\ The FAA proposes that Sec. 135.603 apply to powered-lift
conducting operations in accordance with subpart L of part 135 under
proposed Sec. 194.308(n). See VI.D.1.vi (explaining rationale for
applying Sec. 135.603 to powered-lift operations).
---------------------------------------------------------------------------
These class references would similarly pose challenges for part 135
certificate holders. Therefore, for the same reasons as described
above, the FAA proposes Sec. 194.249(a) to clarify that these
references to class are inapplicable when a powered-lift is used for
the operation under part 135.
Lastly, under part 142, Sec. Sec. 142.11(d)(2)(ii),
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) reference class of
aircraft. As a result, training center certificate holders and
instructors would be unable to apply for issuance or amendment of
training specifications, comply with instructor and certificate holder
privileges and limitations, or satisfy the instructor training and
testing requirements. As a result, the FAA proposes Sec. 194.249(c) to
clarify that references to class of aircraft in these sections do not
apply when operating powered-lift or flight simulation devices
representing powered-lift under part 142.
I. Part 135 Pilot Qualifications
1. Statement of the Issue & Introduction
On December 7, 2022, the FAA proposed revisions to 14 CFR parts 110
and 119 to enable powered-lift operations in part 135.\275\ The
potential introduction of powered-lift in part 135 operations requires
the FAA to propose updates to current crewmember training and
qualification requirements in that part.\276\ The current regulatory
framework in subparts A, E, G, and H of part 135 was initially codified
without contemplation of powered-lift operations. Unlike part 61, the
1997 final rule that first introduced powered-lift in 14 CFR did not
include updates to part 135.\277\ Such changes were unnecessary due to
the fact that powered-lift could not operate in part 135. Consequently,
the FAA's current proposal to amend part 135 includes introducing
powered-lift into the regulatory training and qualification paradigm,
rather than simply updating or modifying existing powered-lift
requirements.
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\275\ Update to Air Carrier Definitions NPRM, 87 FR 74995.
\276\ Section VI of this NPRM sets forth the proposed changes to
the operational rules for powered-lift in parts 91 and 135.
\277\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
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To integrate the operation of these unique aircraft into the
existing part 135 crewmember training and qualification structure, the
FAA proposes a two-fold amendatory framework, proposing both permanent
regulatory amendments and temporary SFAR requirements. The FAA's
proposed SFAR requirements are intended to facilitate the training and
qualification of the initial groups of part 135 pilots, flight
instructors, and check pilots. In many instances, the training and
qualification requirements applicable to airplane pilots in part 135
would also be applied to powered-lift
[[Page 39009]]
pilots.\278\ Due to the energy or fuel consumption while operating
vertically in a powered-lift, the FAA anticipates that powered-lift
will quickly transition to horizontal flight utilizing the wings like
an airplane to afford powered-lift a much larger operational range and
faster speeds to optimize operational capabilities. Resultantly,
powered-lift pilots must possess many of the same skills and experience
as their airplane pilot counterparts.\279\
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\278\ For example, the proposed permanent amendments to Sec.
135.243(a)(3) and (b)(5) are similar to the PIC qualifications for
airplane pilots in Sec. 135.243(a)(1) and (b)(3).
\279\ The FAA recently published a final rule permitting
military pilots and former military pilots to credit flight time in
horizontal flight in powered-lift toward the flight time
requirements for an ATP certificate with an airplane category
rating. Commenters to that rule estimated that military pilots
operate powered-lift in horizontal flight between 80-99% of the
time. Recognition of Pilot in Command Experience in the Military and
Air Carrier Operations, 87 FR 57580 (Sep. 21, 2022).
---------------------------------------------------------------------------
At the same time, some of the FAA's proposals recognize the
operational differences in the capability of powered-lift and the
associated challenges of integrating a new category of aircraft into
the NAS for civilian use. Given these known operational distinctions,
there are instances where existing airplane or helicopter training and
qualification pilot rules do not readily apply. For example, some
powered-lift flight control designs differ from both conventional
airplane and helicopter controls, necessitating specific training and
qualification requirements to ensure proper pilot handling and safety
during flight. In those cases where neither airplane nor helicopter
training and qualification rules fit the operational capabilities of
powered-lift, the FAA proposes new temporary or permanent requirements
designed to facilitate the readiness of powered-lift pilots to safely
integrate into the NAS. The FAA's SFAR proposals and permanent
amendments seek to balance the demand for safety in part 135 operations
while recognizing the operational uniqueness of powered-lift and
encouraging the integration of these new aircraft operations under this
part.
2. Relevant History & Background
Part 135 prescribes operating requirements for commuter and on-
demand operations. Specifically, subpart A prescribes the operations
and personnel that are affected by the part, and subpart E details
flight crewmember qualification requirements. Subparts G and H set
forth the testing and training requirements for crewmembers.
On October 10, 1978, the FAA substantially amended the part 135
regulations that governed commuter air carriers and on-demand air taxi
operators.\280\ These regulations were enacted to update the
requirements of part 135 in response to anticipated growth in
operations stemming from legislative efforts to deregulate the airline
industry.\281\ In particular, the FAA anticipated the passage of the
Airline Deregulation Act of 1978 and sought to update its regulations
prior to the Act's codification.\282\ In that Act, Congress mandated
that the FAA modify its regulatory framework to ensure commuter air
carriers afford passengers the same level of safety as that granted to
passengers travelling on other certificated carriers.\283\ As a result
of the FAA's prior rulemaking in anticipation of this legislation, no
further amendments were necessary after the Act's promulgation.\284\
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\280\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
\281\ See Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb.
4, 1980) (explaining 1978 update to part 135 regulations).
\282\ Id.
\283\ Airline Deregulation Act of 1978, Public Law 95-504, 49
U.S.C. 1301 (October 24, 1978).
\284\ Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540 (Feb.
4, 1980).
---------------------------------------------------------------------------
In 1980, the FAA updated the part 135 operating experience
requirements again, explaining that fatal accidents continued to occur
even after the FAA's 1978 amendments.\285\ Pilot training and testing
requirements were further refined in 1995 to ensure the training,
testing, and currency requirements met the expectations of safety for
commercial operations.\286\ To effectuate this goal, the FAA's 1995
rulemaking amended the training and checking requirements under part
135 to align with the more rigorous and comprehensive part 121
standards.\287\
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\285\ Id. (citing 13 fatal accidents in commuter air carrier
operations during 1979).
\286\ Commuter Operations and General Certification and
Operations Requirements, 60 FR 65940, 65941 (Dec. 20, 1995).
\287\ Id.
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The FAA's prior amendments to part 135, and its continued efforts
to enhance the level of safety required to operate under that part,
inform its present proposals. In proposing the SFAR requirements and
permanent amendments to accommodate the entry of powered-lift into
operations under part 135, the FAA maintains its longstanding
commitment to ensuring safety and mitigating the risk of commuter and
on-demand accidents and incidents. In this regard, the FAA's SFAR and
permanent proposals for crewmember training and qualification programs
under part 135 are intended to provide an equivalent level of training,
checking, and testing for powered-lift operations as those imposed for
airplanes and helicopters.
3. Section 135.3--Rules Applicable to Operations Subject to This Part
Section 135.3 prescribes the rules that apply to persons conducting
operations under part 135. Specifically, Sec. 135.3(b) is specific to
commuter operations \288\ under part 135 and requires certificate
holders conducting such operations with airplanes for which two pilots
are required by the aircraft type certification to comply with the
training and qualification requirements in subparts N and O of part 121
instead of the training and qualification requirements for part 135.
When Sec. 135.3(b) was proposed in 1994, the FAA sought to reduce
accidents and incidents related to human performance in commuter
operations.\289\ To facilitate more comprehensive training requirements
and alleviate the prevalence of human error, the FAA's 1995 final rule
imposed the subpart N and O training requirements that are reflected in
the current regulation.\290\
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\288\ Under part 110, ``commuter operation'' is defined as any
scheduled operation conducted by any person operating one of the
following types of aircraft with a frequency of operations of at
least five round trips per week on at least one route between two or
more points according to the published flight schedules: airplanes,
other than turbojet-powered airplanes, having a maximum passenger-
seat configuration of 9 seats or less, excluding each crewmember
seat, and a maximum payload capacity of 7,500 pounds or less; or
rotorcraft. The FAA has proposed in a related rulemaking to revise
this definition to include powered-lift, other than turbojet-powered
powered-lift, that have a maximum passenger-seat configuration of 9
seats or less, excluding each crewmember seat, and a maximum payload
capacity of 7,500 pounds or less. 87 FR 74995 (Dec. 7, 2022). The
FAA's current proposal corresponds to the regulations proposed in
the Update to Air Carrier Definitions NPRM enabling powered-lift
operations in part 135. Consistent with the Administrative Procedure
Act, the FAA will consider all significant comments received in
response to the Update to Air Carrier Definitions NPRM and adjust
both proposals as necessary based on public comment.
\289\ Air Carrier and Commercial Operator Training Programs, 59
FR 64272 (Dec. 13, 1994).
\290\ On December 20, 1995, the FAA published two final rules
both addressing operations under parts 121 and 135. One rule
established new part 119 and required certain commuter operations
that had been conducted under part 135 (i.e., scheduled passenger-
carrying operations in airplanes that have passenger-seating
configurations of 10 to 30 seats) to be conducted under part 121.
See 60 FR 65832 (Dec. 20, 1995). The second rule required operators
that conduct commuter operations with airplanes for which two pilots
are required by aircraft type certification rules to train and
qualify their pilots using the requirements in subparts N and O of
part 121 rather than the training and qualification requirements in
part 135. See 60 FR 65940 (Dec. 20, 1995).
---------------------------------------------------------------------------
[[Page 39010]]
In comparing the two training regimes, the FAA noted that, compared
to part 121 training regulations, part 135 training rules do not
provide a balanced mix of training and checking because part 135 allows
the repeated substitution of flight checks in lieu of training. The FAA
further stated that part 121 training and qualification regulations
require both recurrent training and flight checks. Subsequently, the
FAA explained that the more comprehensive training and checking
paradigm imposed under part 121 for these part 135 commuter operations,
instead of the requirements maintained in subparts E, G, and H of part
135, was necessary to enhance public and passenger safety.\291\
---------------------------------------------------------------------------
\291\ Air Carrier and Commercial Operator Training Programs, 59
FR 64272, 64272-73 (Dec. 13, 1994).
---------------------------------------------------------------------------
The FAA finds that the same safety standard imposed in Sec.
135.3(b) for commuter operations involving airplanes for which two
pilots are required by type certification should apply to powered-lift
requiring two pilots by type certification. Notably, however, subparts
N and O of part 121 are multiengine airplane specific, and, at this
time, the FAA is not amending part 121 to accommodate powered-lift
operations. In the absence of amending subparts N and O to accommodate
powered-lift-specific training and checking, appendices E (Flight
Training Requirements) and F (Proficiency Check Requirements) to part
121 would mandate that a powered-lift flightcrew perform some airplane-
specific tasks that are incongruent with powered-lift operational
capabilities.\292\
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\292\ In accordance with Sec. 121.424 of subpart N, flight
training must include at least the maneuvers and procedures
specified in appendix E to part 121. In accordance with Sec.
121.441 of subpart O, proficiency checks must include at least the
maneuvers and procedures specified in appendix F to part 121.
---------------------------------------------------------------------------
For example, under appendix E to part 121, powered-lift PICs would
be required to complete flight training on zero-flap landings. However,
some powered-lift coming to market may not be designed with flaps and,
therefore, PICs operating these powered-lift could not complete the
training required under subpart N. Moreover, powered-lift may be
capable of performing additional tasks, such as running or roll-on
landings, not contemplated in appendices E and F to part 121. Thus, if
subparts N and O were applied to powered-lift as written, PICs could be
insufficiently trained and checked on some maneuvers that powered-lift
possess the operational capability to conduct.
For each of these reasons, instead of applying training and
qualification rules focused on multiengine airplanes to powered-lift,
the FAA is proposing Sec. 194.247(b) to create an alternative means of
compliance with Sec. 135.3(b) for certificate holders conducting
commuter operations under part 135 with powered-lift requiring two
pilots by type certification. For these operations, the FAA proposes
that certificate holders comply with subpart Y of part 121, the
Advanced Qualification Program (AQP). This proposal will enable a
pathway for these commuter operations in powered-lift to meet a higher
level of safety than meeting the training and qualification
requirements in subparts G and H of part 135 without imposing the inapt
multiengine airplane requirements of subparts N and O on powered-lift
commuter operators in part 135.
The proposal for powered-lift pilots to comply with the AQP
requirements accords with the FAA's intent when codifying the original
rule requiring certificate holders operating airplanes requiring two
pilots by type certification in part 135 commuter operations to comply
with subparts N and O of part 121. Principally, the 1995 final rule
mandated that certain part 135 commuter operators comply with subparts
N and O of part 121 because the part 135 training requirements imposed
a lesser standard, allowing flight checks to be substituted for
required training.\293\ The FAA finds that, in lieu of modifying
subparts N and O of part 121 to accommodate the integration of certain
powered-lift commuter operations, AQP can be utilized to ensure a
similarly rigorous safety standard for training and checking is
maintained.
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\293\ See Commuter Operations and General Certification and
Operations Requirements, 60 FR 65832, 65940 (Dec. 20, 1995).
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For example, AQP employs scenario-based training and evaluations
and integration of safety program data to maintain the most effective
training for each certificate holder. Unlike traditional aviation
training, AQP uses data-informed and data-driven improvement. It
encourages innovation in the methods and technology that are used
during instruction and evaluation. AQP allows for customized training
to the certificate holder's unique demographic and flight operation
while integrating crew resource management and evaluating both the
individual and crew's performance. In addition, AQP provides a trained-
to-proficiency model that uses planned hours, similar to the rigorous
training and checking paradigm imposed under subparts N and O of part
121.
While the requirements delineated in the AQP are not identical to
the checking and training standards imposed in subparts N and O of part
121, the use of an AQP will exceed the part 135 commuter training and
checking standards that would otherwise apply. As a result, the FAA
proposes the use of AQP to promote a higher safety standard than that
imposed under part 135, to more closely align with the training and
checking required under subparts N and O of part 121. The FAA notes
that the proposal to utilize an AQP is temporary. As additional
information becomes available on the training and checking necessary to
effectuate safety for certain part 135 commuter powered-lift
operations, the FAA will revise this standard as appropriate. In short,
the FAA proposes the AQP requirement to elevate the existing part 135
training and checking standards, while recognizing its use as a
temporary measure until additional information is available to
facilitate a permanent solution tailored to the most appropriate
training and checking for pilots in commuter operations involving
powered-lift for which two pilots are required by type certification.
In addition, the 1995 final rule that imposed this requirement for
airplanes emphasized the ``greater flexibility'' afforded by part 121
and the ``more effective mix of training and checking activities''
available.\294\ Like subparts N and O, the AQP framework increases
flexibility in training, including the approval of alternative methods
for training, certifying, and ensuring the competency of crewmembers
and other personnel.\295\ The FAA reasons that the AQP--a program
designed to accommodate innovative and advancing technology \296\--
provides an appropriate alternative pathway to ensure quality training
and checking of powered-lift pilots while they are currently unable to
follow subparts N and O in part 121 as prescribed for airplanes in
Sec. 135.3(b).
---------------------------------------------------------------------------
\294\ Commuter Operations and General Certification and
Operations Requirements, 60 FR 65832, 65940-41 (Dec. 20, 1995).
\295\ See 14 CFR 121.901(a).
\296\ Advanced Qualification Program, 70 FR 54809, 54810 (Sep.
16, 2005).
---------------------------------------------------------------------------
For each practical test requirement of part 61 or regulatory
requirement of part 121 or 135 that is replaced by an AQP, subpart Y
requires that the certificate holder detail how the AQP curriculum
provides an equivalent level of safety to the part 135 training and
qualification requirements.\297\ AQP uses performance
[[Page 39011]]
data to continually improve the training and qualification program. All
approvals are conducted jointly between the certificate management
office and the Air Transportation Division with input from all the
members of the extended review team (ERT). The ERT includes subject
matter experts that are not frequently available to assist Principal
Operations Inspectors on training program approvals and revisions. For
each of these reasons, the FAA finds that it can ensure adequate
oversight and safety for operators in which an AQP is required for
powered-lift and maintain a similar level of safety while accommodating
the emerging technology and operational uniqueness of powered-lift.
---------------------------------------------------------------------------
\297\ 14 CFR 121.909(b).
---------------------------------------------------------------------------
In addition to proposing that powered-lift commuter operations with
two pilots required by type certification comply with AQP in subpart Y
of part 121, the FAA also proposes in Sec. 194.247(b)(2) that these
PICs receive training, instruction and facilitated discussion on
leadership and command and mentoring as part of their initial,
recurrent, and upgrade ground training, similar to the initial,
recurrent, and upgrade ground training requirements that govern
airplane commuter operations. Proposed Sec. 194.247(b)(2)(ii) requires
that mentoring training include techniques for instilling and
reinforcing the highest standards of technical performance, airmanship,
and professionalism in newly hired pilots. This leadership and command
and mentoring training would be required in recurrent ground training
for PICs every 36 calendar months. Additionally, proposed Sec.
194.247(b)(4) includes requirements for initial and upgrade flight
training for PICs to contain sufficient scenario-based training
incorporating crew resource management and leadership and command
skills, to ensure the pilot's proficiency as PIC. The FAA includes
these additional training requirements to equate the training received
by powered-lift pilots under subpart Y of part 121 to that required for
PICs in airplane commuter operations in which two pilots are required
by type certification.\298\
---------------------------------------------------------------------------
\298\ As previously described, pilots serving in airplane
commuter operations in which two pilots are required by type
certification must be trained in accordance with subpart N of part
121. Leadership and command and mentoring training is required by
subpart N of part 121 during PIC initial, upgrade, and recurrent
training. See 14 CFR 121.420, 121.426, and 121.427.
---------------------------------------------------------------------------
The FAA reasons that the use of an AQP, coupled with the additional
proposed requirements in the SFAR, will provide powered-lift pilots
with the knowledge and skills that are required for a similar level of
safety. In short, the FAA seeks to balance the unique training,
checking, and operational characteristics associated with powered-lift
while maintaining similar training and checking requirements as that
provided in subparts N and O of part 121. The FAA proposes to
effectuate this intent through the AQP in subpart Y of part 121,
enabling a flexible and customizable training option for pilots of
powered-lift in which two pilots are required by type
certification.\299\ Additional information on the safety benefits and
suggested compliance mechanisms for the AQP are available in the FAA's
AQP Advisory Circular No. 120-54A.
---------------------------------------------------------------------------
\299\ The training requirements in subparts E, G, and H of part
135 will apply to pilots of powered-lift in which one pilot is
required by type certification.
---------------------------------------------------------------------------
4. Section 135.4--Applicability of Rules for Eligible On-Demand
Operations
Section 135.4 prescribes two-pilot flight crew experience and
pairing requirements for eligible on-demand operations conducted under
part 135. As currently written, Sec. 135.4 applies to powered-lift,
with the exception of Sec. 135.4(a)(3), which specifies its
applicability to fixed-wing aircraft. Section 135.4(a)(3) prescribes
the operating limitations for an SIC of fixed-wing aircraft that has
fewer than 100 hours of flight time as SIC in the aircraft make and
model, and if a type rating is required, in the type aircraft being
flown. If the SIC does not have the requisite flight time and the PIC
is not an appropriately qualified check pilot, the PIC is required to
make all takeoffs and landings in the situations that are detailed in
paragraphs (a)(3)(i) and (ii). The FAA requires the PIC to make all
takeoffs and landings in the situations listed in paragraphs (a)(3)(i)
and (ii) because safety could be compromised if flown by a lesser-
experienced SIC.\335\
Powered-lift have the potential for increased complexity of
operation over fixed-wing aircraft during the approach and landing
phases of flight, and this can especially hold true during the
situations that are listed in paragraphs (a)(3)(i) and (ii). To ensure
that safety is not compromised during the approach and landing phases
of flight, a certain amount of familiarity with an aircraft is
required. The FAA maintains that the familiarity required for SICs
should not be reduced for powered-lift as compared to fixed-wing
aircraft. The crew pairing and operational limitations required by this
section are designed to ensure the flightcrew possess the necessary
familiarity and experience to safely operate in less-than-ideal
conditions or when using the provisions of Sec. 135.385(f). Therefore,
to ensure the highest level of safety for powered-lift, the FAA is
proposing in Sec. 194.309 that current Sec. 135.4(a)(3) would apply
to powered-lift under the SFAR.
5. Section 135.243--Pilot in Command Qualifications
Section 135.243 prescribes qualifications for pilots serving as PIC
in certain passenger-carrying part 135 operations,\300\ passenger and
cargo flights under VFR,\301\ and passenger and cargo flights under
IFR,\302\ which include minimum certificates, ratings, and hours of
pilot time, cross-country time, night flight time, and, if applicable,
actual or simulated instrument time. A portion of the PIC requirements
in Sec. 135.243 apply to all aircraft.\303\ Therefore, these minimum
requirements that apply to PICs of all aircraft in part 135 will also
apply to PICs of powered-lift in part 135 when powered-lift operations
under part 135 are enabled.
---------------------------------------------------------------------------
\300\ 14 CFR 135.243(a).
\301\ 14 CFR 135.243(b). See also 14 CFR 135.243(d), which
provides that Sec. 135.243(b)(3) does not apply in certain
conditions provided in Sec. 135.243(d)(1) through (7).
\302\ 14 CFR 135.243(c).
\303\ 14 CFR 135.243(b)(1) and (2) and (c)(1) and (2).
---------------------------------------------------------------------------
i. Section 135.243(a)
Section 135.243(a) prescribes the general requirements for a person
to serve as PIC in certain passenger-carrying operations. Specifically,
to serve as PIC in a passenger-carrying operation of (1) a turbojet
airplane, (2) an airplane with a passenger-seat configuration of 10
seats or more, or (3) a multiengine airplane in a commuter operation,
Sec. 135.243(a)(1) requires a person to hold an ATP certificate with
appropriate category and class ratings and, if required, an appropriate
type rating for that airplane.\304\ Similarly, Sec. 135.243(a)(2)
requires a person to hold an ATP certificate, appropriate type ratings,
and an instrument rating to serve as PIC in passenger-carrying
operations for helicopters in scheduled interstate air transportation
within the 48 contiguous states.
---------------------------------------------------------------------------
\304\ By definition, a commuter operation is a passenger-
carrying operation. See 14 CFR 110.2 (defining scheduled operation
and commuter operation).
---------------------------------------------------------------------------
The FAA first proposed that certain operations under part 135
should require an ATP certificate in 1977.\305\ In
[[Page 39012]]
that NPRM, the requirement to hold an ATP certificate to act as PIC in
some part 135 operations was based in part on operational complexity
and the number of persons carried. The FAA reasoned that the ATP
certificate would provide a level of safety more comparable to that
provided by part 121. In the 1978 final rule, the FAA concluded that
there would be increased safety benefits by requiring PICs of the more
complex, passenger-carrying operations under part 135 to hold an ATP
certificate.\306\
---------------------------------------------------------------------------
\305\ Part 135 Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 42 FR 43490, 43491 (Aug. 29, 1977).
\306\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46772 (Oct. 10, 1978).
---------------------------------------------------------------------------
Currently, Sec. 135.243(a) applies only to airplane and helicopter
operations. This paragraph does not prescribe higher certificate
requirements for PICs in certain passenger-carrying powered-lift
operations because powered-lift cannot yet operate in part 135.
Consequently, under the current regulatory framework of Sec. 135.243,
the requirements to serve as PIC of a powered-lift in certain
passenger-carrying operations would be determined under paragraphs (b)
and (c) based on whether the operation is conducted under VFR or IFR.
Under those provisions, a PIC of a powered-lift would be required to
hold only a commercial pilot certificate with a powered-lift category
rating (and a type rating, if applicable).\307\ Without a regulatory
change, there would be less stringent PIC requirements for powered-lift
in more complex, passenger-carrying operations than those required to
serve as PIC of an airplane or helicopter.
---------------------------------------------------------------------------
\307\ Currently, Sec. 135.243 does not prescribe an instrument
rating requirement for powered-lift PICs. Instead, Sec. 135.243(b)
requires an instrument rating for PICs of airplanes and helicopters
conducting VFR operations. However, Sec. 61.3(e) requires a PIC
operating in IFR to hold an instrument rating, including the PIC of
a powered-lift.
---------------------------------------------------------------------------
To accord the qualification requirements for PICs in powered-lift
with those imposed for airplanes and helicopters, the FAA proposes to
permanently add paragraph (a)(3) to Sec. 135.243. This paragraph
proposes to require the PIC of a powered-lift to hold an ATP
certificate with a powered-lift category rating and an appropriate type
rating not limited to VFR for that powered-lift, when serving as PIC
in: (1) on-demand passenger-carrying turbojet-powered powered-lift
operations; (2) on-demand operations in a powered-lift having a
passenger seating configuration, excluding crewmember seats, of ten or
more; and (3) powered-lift commuter operations other than turbojet-
powered powered-lift (hereinafter collectively referred to as ``certain
part 135 commuter and on-demand powered-lift operations'').
In support of the proposed ATP certificate requirement, the FAA
proffers four reasons. First, as described in the recently published
Update to Air Carrier Definitions NPRM, turbojet-powered powered-lift
may be used in transoceanic, long range and international operations,
similar to turbojet-powered airplanes. For this reason, the Update to
Air Carrier Definitions NPRM proposes that the same part 121 provisions
that apply to scheduled turbojet-powered airplanes should apply to
scheduled turbojet-powered powered-lift to ensure consistency in
applying the appropriate risk mitigation measures for operations of
turbojet-powered aircraft.\308\ To maintain consistency of risk
mitigations, the FAA proposes that PICs of on-demand passenger-carrying
turbojet-powered powered-lift operations must hold an ATP certificate
consistent with the requirement for PICs of on-demand passenger-
carrying turbojet airplane operations. At present, the FAA does not
anticipate the integration of turbojet-powered powered-lift into the
civilian market.
---------------------------------------------------------------------------
\308\ Update to Air Carrier Definitions, NPRM, 87 FR 74995 (Dec.
7, 2022).
---------------------------------------------------------------------------
Second, the FAA's proposed requirement for powered-lift PICs to
hold an ATP certificate and type rating for on-demand operations
involving ten or more passenger seats aligns with the rationale for
prescribing this requirement for airplane PICs. When codifying this
requirement for airplanes, the FAA sought to accommodate additional
operational factors that were not initially contemplated for airplane
design.\309\ The FAA reasoned that airplane operations with 10 or more
passenger seats were operating near or over maximum certificated
takeoff weight (MCTW) of 12,500 pounds, and that additional
airworthiness requirements in part 23 would need to ensure the
airworthiness equivalent to aircraft with a type certification of
12,500 pounds. Changes in part 23 differentiated small aircraft to
those limited to 9 seats or less, and larger aircraft as those with at
least 10 seats or weighing over 12,500 pounds. Similar to type-
certificated aircraft that were over 12,500 pounds, the airplanes that
had 10 seats or more were larger, flew for a longer duration of time,
carried more people, had MCTW at or over 12,500 pounds, required more
robust pilot training and certification, and had to comply with more
stringent airworthiness requirements.
---------------------------------------------------------------------------
\309\ Airworthiness Standards: Reciprocating and Turbopropeller
Powered Multiengine Airplanes, 43 FR 46742, 46734 (Oct. 10, 1978).
---------------------------------------------------------------------------
The rationale in support of these requirements for PICs of
airplanes involving ten or more passenger seats applies equally to
powered-lift. The FAA expects that on-demand operations involving
powered-lift with ten or more passenger seats will also involve larger
aircraft that fly for a longer duration of time and have the capacity
to carry more people. Thus, the FAA proposes that PICs in on-demand
operations piloting powered-lift that possess ten or more passenger
seats meet similar certification requirements as those imposed for
airplane PICs in these operations.
Third, powered-lift will share many operational similarities as
multiengine airplanes and, therefore, a similar certification and type-
rating requirement is necessary to ensure safety in powered-lift
commuter operations. For example, like powered-lift, multiengine
airplanes have more complicated and complex operating systems,
additional gauges and differing cockpit setups, more advanced
aerodynamics, operate at a faster speed and higher altitudes, and
require more pilot training to handle normal operations and emergency
situations.
When the FAA codified the certification requirements for
multiengine airplanes under Sec. 135.243(a)(1), it explained that
these credentials were necessary because the requirement hinged on the
complexity of aircraft that were currently operating under part 135 and
their respective passenger-carrying capability.\310\ Like the
requirements imposed for multiengine airplanes, increased safety
benefits will be provided by requiring PICs of more complex operations
under part 135 to hold an ATP certificate. In part, powered-lift PICs
will also be expected to have more robust knowledge and training to
operate in complex environments to ensure the greatest level of safety.
---------------------------------------------------------------------------
\310\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46783 (Oct. 10, 1978).
---------------------------------------------------------------------------
Fourth, and relatedly, the operational environment that powered-
lift PICs must navigate for commuter operations necessitates that all
pilots possess a background of training and experience that allows them
to adapt to complex environments when encountering varying operating
conditions. Specifically, part 135 commuter powered-lift operations
will often be conducted under IFR in high-traffic areas with greater
frequency involving complex aircraft, requiring precision handling and
skilled maneuvers to navigate these complex and challenging
[[Page 39013]]
operational environments. The ATP certificate requirement ensures that
powered-lift PICs obtain knowledge of the skills, aptitudes,
airmanship, and suitability through additional aeronautical experience,
to effectively serve as PIC in these environments while also meeting
the public interest and safety expectations. These certificate
requirements ensure that powered-lift PICs accumulate additional flight
time to develop the expertise necessary to maintain the higher level of
safety required to operate under part 135 commuter powered-lift
operations. The circumstances in which a powered-lift PIC must possess
an ATP certificate and type rating not limited to VFR are similar to
those imposed for airplane pilots.
Next, in addition to holding an ATP certificate, proposed Sec.
135.243(a)(3) also requires that powered-lift PICs hold a type rating
for the powered-lift flown, not limited to VFR. Under the VFR-only type
rating proposal discussed in section V.H of this preamble, pilots can
opt to take their instrument rating practical test within two calendar
months from the month in which they passed the type rating practical
test in a powered-lift. Despite this testing flexibility, the FAA is
proposing not to allow a PIC with a powered-lift VFR-only type rating
to serve in part 135 operations including those operations in Sec.
135.243(a). As explained further in the subsequent section, the skills
and experience required for an instrument rating are necessary to
ensure safety in part 135 operations. The instrument rating ensures
that PICs of powered-lift possess the proper training, experience hours
in simulated and actual instrument conditions, and operational
knowledge to safely conduct flight in operating environments where
pilot error can be immediately critical, such as in inadvertent
instrument conditions or areas of lower visibility.
In proposing this requirement, the FAA also notes its corresponding
proposed permanent amendment to Sec. 61.31(a), requiring the PIC in
powered-lift operations to hold a type rating. Because the FAA proposes
a permanent amendment to codify the type-rating requirement for
powered-lift pilots under part 61, the FAA also proposes that its
amendment to Sec. 135.243(a) be permanent, rather than temporary. To
promote consistency between the requirements for certain airplane,
helicopter, and powered-lift PICs, and congruency between the
requirements of parts 61 and 135, the FAA proposes to permanently add
Sec. 135.243(a)(3) to codify the type-rating requirement for PICs of
powered-lift during certain part 135 commuter and on-demand powered-
lift operations.
As the FAA collects additional data and information throughout the
SFAR period, it may further evaluate the requirements currently
proposed. For example, the FAA expects to gather data regarding the
industry standardization of powered-lift cockpit setup and a more
robust understanding of powered-lift operational capabilities. When
this information becomes available, the FAA may propose subsequent
amendments to modify the certification standards for powered-lift PICs
under proposed Sec. 135.243(a)(3).
The FAA also notes that, with powered-lift newly entering the
civilian market, PICs may be unable to initially meet the flight time
and experience requirements for an ATP certificate.\311\ In turn,
powered-lift PICs may not immediately possess the credentials necessary
to participate in certain part 135 commuter operations and on-demand
powered-lift operations. If a powered-lift PIC does not satisfy the ATP
certificate requirements, they would be limited to conducting part 135
on-demand operations with non-turbojet-powered powered-lift containing
less than 10 passenger seats, until the ATP certificate requirements
are satisfied.
---------------------------------------------------------------------------
\311\ As noted in section V.F of this preamble, the FAA
anticipates that pilots will not initially be able to meet the 250
hours in a powered-lift as a PIC, or as a SIC performing the duties
of a PIC under the supervision of a PIC, or any combination thereof.
---------------------------------------------------------------------------
As PICs gain flight time in on-demand operations, they can obtain
the experience necessary to satisfy the ATP certificate requirements.
At most, the FAA expects that powered-lift PICs will gain the necessary
flight time and experience to qualify for an ATP certificate within a
few months,\312\ causing a minimal delay to integration of powered-lift
into the full part 135 commuter and on-demand framework. This marginal
delay in enabling full part 135 operations is necessary to ensure
pilots conducting certain complex, passenger-carrying operations
possess the appropriate experience to safely serve in this capacity.
---------------------------------------------------------------------------
\312\ In reaching this conclusion, the FAA reasons that, if all
other aeronautical experience and regulatory requirements are met,
it would take an additional 200 hours of flight time as PIC in a
powered-lift to qualify for an ATP certificate. The FAA estimates
that pilots may fly, on average, 50 hours a month. In estimating 50
hours a month, it would take approximately four months to satisfy
the powered-lift specific flight time requirement for an ATP
certificate.
---------------------------------------------------------------------------
Lastly, the FAA notes that, in 2011, the FAA transferred the
definitions contained in Sec. 119.3 to a new part 110.\313\ However,
the FAA did not revise the corresponding references in Sec.
135.243(a)(1) or Sec. 135.244(a) at that time. These sections both
reference part 119 for the definition of ``commuter operation.''
Therefore, the FAA proposes a permanent change to replace the reference
to ``part 119'' with ``part 110'' in Sec. Sec. 135.243(a)(1) and
135.244(a).
---------------------------------------------------------------------------
\313\ Operations Specifications, 76 FR 7482, 7483 (Feb. 10,
2011).
---------------------------------------------------------------------------
ii. Section 135.243(b) and (c)
Section 135.243(b) and (c) establish the minimum pilot certificate,
ratings, and flight time that a PIC must have when conducting part 135
VFR operations and part 135 IFR operations, respectively, except as
specified in Sec. 135.243(a). Specifically, to serve as PIC of an
aircraft under VFR or IFR, a person must have at least a commercial
pilot certificate with appropriate category and class ratings and, if
required, an appropriate type rating for that aircraft under Sec.
135.243(b)(1) and (c)(1). Paragraphs (b)(2) and (c)(2) prescribe the
minimum flight hour requirements for serving as a PIC under VFR and
IFR. The experience, certificate, ratings, and flight time requirements
delineated in Sec. 135.243(b)(1) and (2) and (c)(1) and (2) apply
generally to pilots of an aircraft conducting operations under VFR and
IFR. Therefore, these requirements will apply to PICs of powered-lift
in part 135, and the FAA proposes only minor edits to paragraphs (b)(1)
and (c)(1) to include reference to a powered-lift-specific type rating
not limited to VFR.
Section 135.243, paragraphs (b)(3) and (4) and (c)(3) and (4),
however, prescribe airplane- and helicopter-specific requirements for
instrument ratings. The regulation does not include corresponding
requirements detailing when powered-lift PICs must hold an instrument
rating or ATP certificate when conducting VFR or IFR operations.\314\
As a result, the FAA proposes to add new paragraphs (b)(5) and (c)(5)
to impose parallel permanent requirements for powered-lift operations
under VFR and IFR. Proposed paragraph (b)(5) would require the PIC of a
part 135 VFR operation in a powered-lift to hold an instrument-powered-
lift rating or an ATP certificate for the powered-lift category.
Proposed paragraph (c)(5) would require the PIC of a part 135 IFR
operation in a powered-lift to hold an
[[Page 39014]]
instrument-powered-lift rating or an ATP certificate with a powered-
lift category. The FAA proposes these paragraphs to codify a regulatory
framework that promotes consistency among airplane, helicopter, and
powered-lift requirements, while simultaneously crafting rules that are
specifically tailored to the unique operating characteristics of each
category of aircraft.
---------------------------------------------------------------------------
\314\ As discussed in section V.J of this preamble, a person
must hold an instrument rating to apply for an ATP certificate. As
such, an ATP certificate itself is evidence of an instrument rating.
Therefore, a pilot may hold an instrument rating on a commercial
pilot certificate or an ATP certificate as both convey instrument
privileges.
---------------------------------------------------------------------------
The proposed addition of paragraph (c)(5) requires similar PIC
credentials to serve in IFR operations as that imposed for PICs
piloting airplanes and helicopters. For IFR operations, Sec. 61.3(e)
mandates that a PIC operating in IFR hold an instrument rating. By
contrast, proposed paragraph (b)(5), which governs VFR operations,
would mirror the requirements currently maintained for PICs serving in
VFR airplane operations in part 135 rather than the requirement for VFR
helicopter operations.
The FAA finds that an instrument rating is necessary in VFR
powered-lift operations to ensure the pilot has the necessary skills in
the event of an emergency situation involving an inadvertent encounter
with IMC. The FAA requires an instrument rating for part 135 VFR
airplane operations \315\ because, if an airplane encounters
inadvertent IMC, the pilot must have the necessary skills to maintain
safe control of the airplane, coordinate with ATC, and maneuver the
airplane to an emergency instrument approach and landing at an airport.
---------------------------------------------------------------------------
\315\ Section 135.243(d) provides a limited exception allowing a
PIC to conduct part 135 VFR single engine-reciprocating-powered
airplane operations in an isolated area as determined by the
Administrator if the operation meets the specified requirements and
is approved in the certificate holder's operations specifications.
The FAA approves these operations in operations specification A020,
Airplane Operations Without Instrument Rated Pilots. As of October
2022, there are four part 135 operators, with a total of nine
airplanes and seven pilots, with approved operations specification
A020. Three of these part 135 operators conduct operations in
isolated areas of Alaska and the fourth conducts operations in an
isolated area of Maine.
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Conversely, the greater maneuverability and special flight
characteristics of a helicopter provides a helicopter pilot with more
options for corrective actions and permits a helicopter pilot to make
those corrective actions in less time and distance than required for
most airplanes. Additionally, the characteristics of a helicopter
provide significantly more emergency landing options, enabling a
helicopter pilot to make an emergency landing at locations other than
an airport or heliport. Therefore, a helicopter pilot has more options
available in the event of an emergency situation with inadvertent IMC.
These qualities allow a helicopter pilot to operate under VFR in part
135 without an instrument rating at lower visibility and cloud
clearance distances, while maintaining the same degree of safety as
airplanes flying under more restrictive minima.
The FAA anticipates that, other than necessary for takeoff and
landing, many powered-lift will prefer to utilize lift provided by the
wing for as long as practical in order to gain efficiencies in fuel
consumption, speed, and range. Since powered-lift will likely operate
similar to an airplane in cruise flight, in the event of inadvertent
IMC, the powered-lift pilot will require more time and distance to
escape the IMC and complete an emergency approach and landing compared
to a helicopter. Additionally, unlike other aircraft categories, most
powered-lift may have to transition from flight on the wing to flight
on the rotors or other thrust devices to conduct approach and landing
operations. The FAA expects the transition of a powered-lift from
forward flight to vertical flight would not be instantaneous, requiring
additional time, distance, and altitude that is unique from other
categories of aircraft. Therefore, requiring powered-lift pilots to
have an instrument rating during VFR operations similar to the airplane
requirements ensures that PICs of powered-lift possess the proper
skills to safely conduct flight in the event of an inadvertent
encounter with IMC, where pilot error can be immediately critical.
As an alternative to satisfying the instrument rating requirement
in proposed paragraphs (b)(5) and (c)(5), the FAA proposes that the PIC
may hold an ATP certificate with a powered-lift category rating. The
requirement to hold an ATP certificate is consistent with Sec.
61.3(e). Thus, the intent to ensure PICs possess knowledge and
familiarity of instrument controls and conditions is similarly
effectuated by alternatively requiring an ATP certificate, in lieu of
an instrument rating.
The FAA acknowledges that there may be future aircraft designs such
that the skill, knowledge, and experience that the instrument rating
for VFR operations otherwise brings will no longer be necessary. In
addition, the environment where some powered-lift operations occur may
be isolated, proving that the instrument rating for VFR operations may
be unnecessary to maintain safety. However, until further data is
collected through operational use and experience of powered-lift, the
FAA proposes to maintain the instrument rating or ATP requirement for
powered-lift PICs operating under VFR, to accord the regulation with
the requirements imposed for airplanes.
6. Section 135.244--Operating Experience
Section 135.244 requires a person to complete operating experience
in the make and model of aircraft they will fly before serving as PIC
in commuter operations. This section, through use of the term
``aircraft,'' applies to powered-lift.\316\ However, in prescribing the
minimum hours of operating experience required, Sec. 135.244(a) only
contemplates single engine aircraft; multiengine, reciprocating engine-
powered aircraft; multiengine, turbine-engine powered aircraft; and
turbojet-powered airplanes. When this section was added to the
regulatory framework in 1980, the FAA did not forecast the use of
powered-lift in commuter operations.\317\
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\316\ Update to Air Carrier Definitions, 87 FR 74995 (Dec. 7,
2012).
\317\ See Air Taxi Operators and Commercial Operators; Commuter
Pilot in Command Operating Experience Requirements, 45 FR 7540, 7541
(Feb. 4, 1980).
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In the 1980 final rule promulgating this section, the FAA crafted
differing minimum hour requirements for these varying types of aircraft
because of the ranging complexities associated with their operation.
For example, the FAA reasoned that single-engine aircraft are generally
simple aircraft with less complex operational dynamics. As a result,
PICs of these aircraft comply with lesser operating experience
requirements than that required for operating the other, more complex,
aircraft enumerated in this section. The FAA distinguished the
complexity of operating systems based on the aircraft's engine and
propulsion characteristics, prescribing correspondingly greater
operating experience requirements for increasingly complex aircraft.
Complexity, in this regard, was informed by the aircraft's engine and
propulsion system.
At present, the FAA expects powered-lift to vary widely in their
expected engine makeup and propulsion designs. Some powered-lift
entering the market, for example, are expected to use electric engines.
Others are expected to use multiengine turbine-engine powered
propulsion. And, conversely, some powered-lift may utilize unique
propulsion systems that involve distinct features and intricacies,
unlike those typically utilized in currently available commuter
aircraft altogether. In the absence of uniform propulsion systems and
engine characteristics for powered-lift expected to enter the market,
the
[[Page 39015]]
FAA cannot prescribe the operating experience requirements for powered-
lift based on the characteristics in Sec. 135.244(a)(1) through (4).
Instead, the FAA proposes to prescribe the operating experience
requirements based on the different handling characteristics necessary
to pilot powered-lift and the associated complexity anticipated for
operating these aircraft in the NAS. In support, the FAA anticipates
the operation of powered-lift will require complex flight and handling
qualities, including inceptors and the use of indirect flight controls.
Powered-lift may also have different configurations, including tilt-
wing, tilt-propeller, lift plus cruise, and tilt plus cruise designs.
These unique configurations and inceptors, and potentially diversified
flight controls and operating characteristics, inform the FAA's
proposal to render these aircraft more akin to multiengine turbine-
engine powered airplanes on the complexity scale, rather than their
single-engine counterparts.\318\
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\318\ As discussed in section VI.A of this preamble, the FAA
does not anticipate single-engine powered-lift to be developed
during the term of this SFAR.
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For these reasons, the FAA proposes in Sec. 194.247(c) to include
a 20-hour operating experience requirement to serve as PIC in any
powered-lift. To facilitate this operating experience requirement, the
FAA proposes to except powered-lift from the current operating
experience requirements delineated in Sec. 135.244(a)(1) through (4).
As noted above, these specific operating experience requirements do not
adequately capture or control the expected complexity of powered-lift,
as determined by the varying propulsion systems and engine
characteristics.
Nevertheless, the FAA recognizes that, at this time, it is unknown
what engine or propulsion system will apply to the majority of powered-
lift that integrate the market. As a result, the FAA proposes to
mandate the operating experience hour requirements for powered-lift
PICs in the SFAR, rather than a permanent rule change. As additional
information becomes available, the FAA may modify the 20-hour operating
experience requirement to more precisely scale the operating experience
to the complexity associated with operating a powered-lift.
7. Section 135.245--Second in Command Qualifications
Section 135.245 prescribes the SIC qualifications for a pilot in
part 135, which includes instrument currency requirements for flights
operated under IFR. Section 135.245(a) specifies that the minimum
requirement for an SIC of an aircraft is at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating. Paragraph (b) does not require the instrument rating
for helicopter SICs operating under VFR, except for VFR over-the-top
operations. Paragraph (c) prescribes SIC instrument experience
requirements for airplane and helicopter pilots. Finally, paragraph (d)
details the framework for an SIC to reestablish instrument currency.
i. Section 135.245(a)
Section 135.245(a) prescribes the certification requirements for
SICs operating ``aircraft.'' This section, therefore, applies to
powered-lift SICs without edit. Given these generally applicable
requirements, that an SIC maintain at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating, the FAA does not need to propose modifying paragraph
(a) to accommodate the integration of powered-lift. Under the current
regulation, a powered-lift SIC would be required to hold a commercial
pilot certificate with a powered-lift category rating and an
instrument-powered-lift rating.
ii. Section 135.245(b)
Under Sec. 135.245(b), an SIC of a helicopter operated under VFR,
other than over-the-top, must have at least a commercial pilot
certificate with an appropriate aircraft category and class rating.
Because the FAA proposes that powered-lift SICs comply with paragraph
(a), the FAA does not propose changing the requirements of paragraph
(b)--an exception to operations conducted under paragraph (a). The FAA
recognizes that paragraph (b) may need to be amended in the future to
accommodate powered-lift if these operations prove more congruent to
those conducted in helicopters than currently anticipated.
iii. Section 135.245(c)
Paragraph (c) prescribes SIC instrument experience requirements for
airplane and helicopter pilots that operate under IFR. Specifically,
Sec. 135.245(c)(1) requires SICs to perform six instrument approaches,
holding procedures and tasks, and intercepting and tracking courses
through navigational electronic systems within six calendar months
preceding the month of a particular flight. The requirement for pilots
to perform instrument maneuvers and procedures to maintain their
instrument privileges is universal throughout the airman regulations.
The FAA expects that, like helicopter and airplane SICs, some powered-
lift will also operate under IFR. Therefore, the FAA proposes to
permanently amend paragraph (c)(1) to specifically include reference to
powered-lift. This proposal accords the SIC instrument experience
requirements with those imposed for SICs of airplanes and helicopters
who serve in IFR operations.
iv. Section 135.245(d)
Finally, Sec. 135.245(d) prescribes how an SIC can reestablish
instrument currency. Like Sec. 135.245(a), this paragraph applies to
all SICs who serve in IFR operations. Therefore, it applies to powered-
lift SICs as written. The FAA does not need to propose an amendment to
modify the requirements to reestablish instrument currency to integrate
powered-lift into the civilian market.
8. Section 135.247--Pilot Qualifications: Recent Experience
Section 135.247 specifies the recent takeoff and landing experience
that a PIC must complete within the preceding 90 days to carry
passengers in an aircraft. Section 135.247(a)(1) requires the PIC to
make three takeoffs and landings as the sole manipulator of the flight
controls in an aircraft of the same category and class and, if a type
rating is required, in that same type of aircraft. For operations at
night, Sec. 135.247(a)(2) also requires the takeoffs and landings to
have been completed at night.\319\
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\319\ Section 135.247(a)(2) describes night as beginning 1 hour
after sunset and ending 1 hour before sunrise as published in the
Air Almanac.
---------------------------------------------------------------------------
Under Sec. 135.247(a)(3), the PIC of a turbine-powered airplane
type-certificated for more than one pilot may complete an alternative
to the night takeoff and landing requirements. To complete an alternate
path, a PIC must serve as PIC of a turbine-powered airplane that is
type-certificated for more than one pilot crewmember and comply with
the requirements listed in the regulation. The first alternative allows
pilots to maintain night currency through the performance of three
takeoffs and landings to a full stop over a 6-month period. The second
alternative allows pilots to maintain night currency through the
performance of 6 takeoffs and landings to a full stop in a simulator
training program approved under part 142.
Based on the active certification projects for powered-lift, the
FAA currently expects that a majority of powered-lift will not be type-
certificated for more than one pilot crewmember.
[[Page 39016]]
Because most powered-lift will likely require only one pilot by type
certification, the purpose and text of Sec. 135.247(a)(3) is
inapplicable. In addition, even for powered-lift that may require two
pilots by type certification, the FAA expects that most powered-lift
PICs will be unable to satisfy the 1,500 hour aeronautical experience
requirement to qualify for this alternative approach currently
permitted for pilots of turbine-powered airplanes type certificated for
more than one pilot crewmember. Due to the small number of expected
two-pilot type-certificated powered-lift, and the minimal powered-lift
pilot experience the FAA currently expects that pilots have accrued,
the FAA does not presently propose extending the alternative experience
requirements in Sec. 135.247(a)(3) to powered-lift.
Most importantly, the FAA finds that extending alternative currency
to all powered-lift type-certificated for more than one pilot would not
be in the interest of safety. Each powered-lift may possess different
flight controls and operational characteristics, unlike airplanes that
have relatively uniform flight controls and cockpit designs among each
type. As a result, because a pilot is current in one powered-lift, does
not necessarily translate to currency or proficiency in a different
powered-lift. Therefore, the FAA is not proposing any amendments to
Sec. 135.247(a)(3).
9. Section 135.293--Initial and Recurrent Pilot Testing Requirements
As discussed in section V.G of this preamble, Sec. 135.293
requires pilots to complete initial and recurrent knowledge testing and
a flight competency check to serve in part 135 operations. Section
135.293(a)(1) through (9) lists the knowledge areas for the oral or
written test, which each pilot must pass. The knowledge areas do not
specify airplane- or rotorcraft-specific knowledge testing, except for
the provisions included in Sec. 135.293(a)(7) and (9).
Specifically, Sec. 135.293(a)(7) requires knowledge testing on the
procedures for identifying, escaping, and avoiding hazardous weather
conditions for all aircraft. The rule excepts rotorcraft pilots from
the requirement to be tested on escaping from low-altitude windshear
due to the unique aerodynamic characteristics of rotorcraft, as stated
in Sec. 135.293(a)(7)(ii). Powered-lift may not possess the same
unique aerodynamic characteristics as rotorcraft but do share similar
aerodynamic characteristics of airplanes. As a result, powered-lift
pilots may encounter low-altitude windshear and, resultantly, they must
possess the knowledge necessary to recover sufficient altitude to
compensate for any corresponding loss of lift. Given these factors, the
FAA is not proposing to amend Sec. 135.293(a)(7) which, as currently
written, would similarly include powered-lift pilots in the knowledge
testing requirements of escaping from low-altitude windshear
conditions. This knowledge, and corresponding testing requirements, is
equally valuable for powered-lift pilots to possess, in the event that
they, like pilots of airplanes, encounter low-altitude windshear during
flight.
Similarly, Sec. 135.293(a)(9) requires testing for rotorcraft
pilots on rotorcraft-specific procedures to ensure recognition and
avoidance of hazardous visibility conditions. The hazardous visibility
conditions that must be tested for rotorcraft pilots under this section
include flat-light, whiteout, and brownout conditions. The FAA expects
that powered-lift pilots may similarly encounter these conditions
during flight. These conditions can be especially critical when flying
at low altitude. For example, flat-light can give the pilot an illusion
of ascending when the aircraft is actually flying level. Absent
knowledge and familiarity of this phenomenon, a pilot may over-correct
the perceived ascension and rapidly descend in altitude. This is
particularly critical when flying in congested airspace at low altitude
over urban or densely populated areas, like the operational environment
expected for powered-lift. For these reasons, the FAA finds that these
testing requirements should likewise extend to powered-lift pilots.
Accordingly, the FAA proposes a permanent change to Sec.
135.293(a)(9).
Section 135.293(b) specifies the requirements for pilots to
complete a competency check in practical skills and techniques in the
aircraft every 12 calendar months. If a pilot serves in more than one
aircraft type, this section also specifies that the categories and
classes in which the pilot serves determine whether the pilot must
complete a competency check in each aircraft type. For helicopters,
multiengine airplanes, and turbojet airplanes, Sec. 135.293(b)
prescribes that the check must be completed in the type of helicopter,
multiengine airplane, or turbojet airplane in which the pilot will
serve.\320\ Therefore, if a pilot will serve in more than one
helicopter, multiengine airplane, or turbojet airplane, the pilot must
complete a competency check in each aircraft type. Conversely, for
single-engine airplanes, other than turbojet, Sec. 135.293(b) only
requires a competency check in the specific class (i.e., single-engine
land or single-engine sea). As such, a pilot serving in more than one
single-engine land airplane is only required to complete one competency
check.
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\320\ Section 135.293(b) contains an allowance that, if
determined by the Administrator to have a similar means of
propulsion, the same manufacturer, and no significantly different
handling or flight characteristics, an airplane type for the
purposes of Sec. 135.293(b) could be a group of airplanes. The
Administrator has made this determination for a limited number of
airplanes; the airplanes that the Administrator has determined fit
into a specific group are described in FAA Order 8900.1, Volume 3,
Chapter 19, Section 1. Absent this determination, ``type'' as
defined in Sec. 1.1 applies.
---------------------------------------------------------------------------
Consistent with the proposed requirement that PICs serving in part
135 powered-lift operations hold a type rating for the aircraft flown,
the FAA proposes that these pilots must also complete the required
competency check in each type of powered-lift that the pilot will fly.
This proposed requirement is consistent with the competency check
requirements for airplanes and helicopters of similar complexity as
powered-lift. Principally, as described in the previous discussion
regarding Sec. Sec. 135.243 and 135.244, the use of unique
configurations and inceptors, and potentially diversified flight
controls and operating characteristics expected for powered-lift,
informs the FAA's conclusion that these aircraft are more akin to
multiengine airplanes on the complexity scale, rather than their
single-engine counterparts. As previously noted, the FAA is not able at
this time to identify sufficient commonality to establish class ratings
for powered-lift. Moreover, given the powered-lift currently undergoing
the aircraft certification process, the FAA does not anticipate it
could reach a determination that any of the initial powered-lift would
have a sufficiently similar means of propulsion, the same manufacturer,
and significantly similar handling or flight characteristics. Unlike
airplane and helicopter operations where the flight controls the pilot
uses are generally uniform from one aircraft to the next, experience in
category alone does not sufficiently prepare a pilot of a powered-lift.
Ensuring the pilot has the requisite knowledge and skill in each
powered-lift to be a competent crewmember is necessary to ensure
safety. For these reasons, the FAA proposes to permanently revise Sec.
135.293(b) to require pilots to complete a competency check in the type
of powered-lift in which the pilot will serve, like that required for
multiengine airplanes.
[[Page 39017]]
Section 135.293(c) specifies that each competency check in a
rotorcraft must include a demonstration of the pilot's ability to
maneuver the rotorcraft solely by reference to instruments and maneuver
into visual meteorological conditions (VMC) following an inadvertent
encounter with IMC. For competency checks in non-IFR-certified
rotorcraft, the pilot must perform such maneuvers as are appropriate to
the installed equipment, the certificate holder's operations
specifications, and the operating environment. The FAA added this
requirement in response to the high number of fatal accidents that have
resulted from helicopter inadvertent IMC encounters during VFR
operations.\321\
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\321\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations, Safety
Initiatives and Miscellaneous Amendments, 75 FR 62640, 62668 (Oct.
12, 2010).
---------------------------------------------------------------------------
Some powered-lift may be used only in part 135 VFR operations, and
the aircraft themselves may not be IFR-equipped. Consequently, powered-
lift pilots like helicopter pilots are at risk of encountering
inadvertent IMC. These conditions may be immediately critical and may
necessitate the powered-lift pilot to initiate emergency procedures to
escape the inadvertent IMC. Absent proper knowledge and skill to
initiate emergency maneuvers, compounded with the expected operation in
congested airspace and low altitude, powered-lift pilots may lack the
necessary handling abilities to successfully escape these conditions in
a timely fashion. As a result, the FAA proposes to apply the Sec.
135.293(c) evaluation requirement also to powered-lift to ensure these
pilots possess the skills needed to handle these conditions. For
competency checks in non-IFR-certified powered-lift, the pilot would be
required to perform such maneuvers as are appropriate to the installed
equipment, the certificate holder's operations specifications, and the
operating environment.
Notably, in 2014, when the FAA added Sec. 135.293(a)(9) and (c),
the FAA also included specific language in Sec. 135.293(h) requiring
compliance after April 22, 2015.\322\ Since the compliance date has
passed, the FAA proposes a permanent change to remove the compliance
date memorialized in Sec. 135.293(h) and reserve this paragraph.
---------------------------------------------------------------------------
\322\ Extension of Effective Date for the Helicopter Air
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations
Final Rule, 79 FR 22009 (Apr. 21, 2014).
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10. Section 135.297--Pilot in Command: Instrument Proficiency Check
Requirements
i. Section 135.297(a) and (b)
Section 135.297 prescribes the instrument proficiency check (IPC)
requirements for the PIC of a part 135 IFR operation. Powered-lift
operations were not contemplated when this rule was written. However,
the rule applies to PICs of any part 135 IFR operation as prescribed in
paragraph (a). Paragraph (b) specifies how often the IPC must occur and
the kinds of approaches that must be conducted. This paragraph is also
not category or class specific. Therefore, the requirements in Sec.
135.297(a) and (b) would apply to powered-lift PICs in part 135
operations as written.
ii. Section 135.297(c)
Section 135.297(c) specifies the content and standards for an IPC
that an airplane or helicopter PIC must meet, which corresponds to the
minimum certificate requirements prescribed in Sec. 135.243.\323\ To
align with the proposed requirements to serve as a PIC in part 135
operations, and because all PICs will be expected to hold a type rating
for the powered-lift flown, the FAA proposes that the IPC for a
powered-lift PIC meet the same requirements as currently required for
airplane and helicopter PICs. The FAA proposes that, if the PIC is
required to hold an ATP certificate, then the IPC must include the
procedures and maneuvers for an ATP certificate, consistent with the
existing requirement for airplane PICs in Sec. 135.297(c)(1)(i).
Furthermore, the FAA proposes that if the PIC is required to hold a
commercial certificate, then the IPC must include the procedures and
maneuvers for a commercial certificate with an instrument rating and
for the type rating, consistent with the existing requirement for
airplane and helicopter PICs in Sec. 135.297(c)(1)(ii). For these
reasons, the FAA proposes a permanent amendment to Sec.
135.297(c)(1)(ii) to modify the reference to ``airplane'' and
``helicopter,'' to ``aircraft,'' to expressly include powered-lift
within this provision.
---------------------------------------------------------------------------
\323\ Section 135.297(c) also sets forth required content of the
IPC including an oral or written equipment test and flight check
under simulated or actual IFR conditions. The equipment test must
include questions on emergency procedures, engine operation, fuel
and lubrication systems, power settings, stall speeds, best engine-
out speed, propeller and supercharger operations, and hydraulic,
mechanical, and electrical systems, as appropriate to powered-lift
operations. As further described in section VI.A of this preamble,
the FAA notes that the term ``engine'' encompasses any powered-lift
propulsion system, such as batteries or electric motors. The flight
check includes navigation by instruments, recovery from simulated
emergencies, and standard instrument approaches involving
navigational facilities which that pilot is to be authorized to use.
---------------------------------------------------------------------------
In addition, the FAA has identified an inadvertent error in Sec.
135.297(c)(1)(i) and proposes a permanent correction. Specifically,
Sec. 135.297(c) delineates the procedures and maneuvers that are
required based on whether the person is serving as a PIC under Sec.
135.243(a) or (c). However, if the person is a PIC under Sec.
135.243(a), Sec. 135.297(c)(1)(i) currently applies to the PIC of an
airplane only. Consequently, if a person is serving as a helicopter PIC
under Sec. 135.243(a), Sec. 135.297(c)(1)(i) does not state which
procedures and maneuvers are required for the IPC. Therefore, the FAA
proposes a permanent amendment to Sec. 135.297(c)(1)(i) to change the
word ``airplane'' to ``aircraft,'' making the requirement applicable to
any PIC under Sec. 135.243(a). In making this amendment, powered-lift
PICs will also fall within the full scope of Sec. Sec.
135.297(c)(1)(i) and 135.243(a).
iii. Section 135.297(g)
Section 135.297(g) currently sets forth the checking requirements
for PICs authorized to use an autopilot system in place of an SIC. In
part, this section requires an autopilot check to be completed every 12
months during the PIC's IPC under paragraph (a). Therefore, paragraph
(g) applies to powered-lift PICs authorized to use an autopilot system
in place of an SIC. Paragraphs (g)(1) and (2) specify the tasks that
the PIC must complete during the autopilot check. Paragraph (g)(3)
specifies the standard of proficiency that the PIC must demonstrate
during the performance of the tasks required by paragraphs (g)(1) and
(2). However, as currently written, paragraph (g)(3) is applicable only
to airplane PICs. The FAA asserts that the proficiency standard is
applicable to any PIC using an autopilot in lieu of an SIC and
therefore is proposing a permanent change to apply paragraph (g)(3) to
all aircraft.
The use of the word ``aircraft'' would encompass airplanes,
helicopters, and powered-lift in the checking requirement to show
proficiency with autopilot systems installed on the aircraft. In
support of this proposed amendment, the FAA notes that helicopter
pilots that use autopilot instead of an SIC must already complete an
autopilot check during their IPC, under paragraphs (g)(1) and (2). The
requirements of paragraph (g)(3) would have minimal impact because
proficiency would already have been
[[Page 39018]]
demonstrated to meet the requirements in paragraphs (g)(1) and (2).
Furthermore, with updated avionics and technology, more helicopters
operating under part 135 have an autopilot system installed than when
the rule was first promulgated.\324\ Thus, advancements in technology
now illustrate that this equipment is likewise available and in-use on
helicopters. When an autopilot system is installed and its use is
contemplated, the check of proficiency must be accomplished to the same
standards all other aircraft airmen are required to satisfy. For these
reasons, the FAA proposes permanently amending paragraph (g)(3) to
require that if the PIC is authorized to use an autopilot system in
place of an SIC in any aircraft, the PIC must demonstrate proficiency
in its use. Modifying paragraph (g)(3) to require the same checking
standard for proficiency as that required for airplane pilots will
ensure all PICs are checked on autopilot systems to the same standard.
To provide sufficient time for existing rotorcraft operators to update
their checking programs, if necessary, the FAA proposes a compliance
date of six months after the effective date of the final rule for this
subsection.
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\324\ See i.e., Special Federal Aviation Regulation No. 108--
Mitsubishi MU-2B Series Airplane Special Training, Experience, and
Operating Requirements, 73 FR 7034, 7042 (Feb. 6, 2008) (explaining
that ``in most of today's modern cockpits, aircraft that are
permitted to be operated with a single pilot are required to have a
functional autopilot installed'').
---------------------------------------------------------------------------
11. Section 135.340--Initial and Transition Training and Checking:
Flight Instructors (Aircraft), Flight Instructors (Simulator)
Section 135.340 prescribes initial and transition training for
instructors in aircraft and simulators. As currently written, this
section applies to powered-lift flight instructors. As described in
section V.G of this preamble, the FAA is proposing a temporary
provision to allow a part 135 operator to seek approval to establish
and implement an airman certification training curriculum. As part of
that temporary provision, the FAA proposes that a person must hold a
flight instructor certificate issued under part 61 with the appropriate
ratings to provide training for the purpose of adding a powered-lift
category rating, type rating, or an instrument rating to a commercial
pilot certificate under a part 135 approved training program. This
determination is based on (1) the lack of powered-lift experience held
by pilots completing the part 135 training program, and (2) the
curriculum content required for the issuance of a commercial pilot
certificate with a powered-lift category rating, type rating, and an
instrument-powered-lift rating. Additionally, to ensure the ATP
privileges contained in Sec. 61.167(a) are not expanded as a result of
the SFAR, a temporary limitation that would prohibit a person who holds
an ATP certificate with powered-lift ratings from instructing other
pilots in accordance with an approved airman certification training
program under part 135 for the purpose of obtaining a commercial pilot
certificate with a powered-lift category rating or an instrument-
powered-lift rating. Together, these two provisions would ensure that a
part 135 instructor holds a flight instructor certificate with the
appropriate powered-lift ratings when providing the foundational part
61 airman certification training in a powered-lift. The proposed rule
language has been scoped to ensure that the current part 135 training
environment is not altered by the SFAR. Accordingly, the FAA does not
propose any amendment to Sec. 135.340.
12. Section 135.345--Pilots: Initial, Transition, and Upgrade Ground
Training
Section 135.345 sets forth the requirements for initial,
transition, and upgrade ground training for pilots and includes a list
of minimum items of instruction that must be completed as applicable to
their duties. Currently, the regulation discusses general items that
apply to all aircraft. However, Sec. 135.345(b)(6)(iv) requires
training on operations during ground icing conditions for airplanes
only if the operator authorizes takeoffs in ground icing conditions.
The FAA is proposing that the training requirements in Sec.
135.345(b)(6)(iv), including ground icing, deicing/anti-icing
procedures, and surface contamination training, be required for pilots
of powered-lift, in addition to pilots of airplanes.
In support, the FAA reasons that powered-lift--like airplanes--may
encounter ground icing in operations, and the pilots must be properly
trained if the operator authorizes takeoffs in ground icing conditions.
The FAA recognizes that aircraft icing is an aviation safety issue and,
accordingly, knowledge of these conditions will ensure powered-lift
pilots, like their airplane counterparts, are equipped to respond
appropriately.\325\ Therefore, to mitigate safety risks and accommodate
the integration of powered-lift under this section, the FAA proposes to
apply the airplane requirements under Sec. 135.345(b)(6)(iv) to
powered-lift.
---------------------------------------------------------------------------
\325\ See i.e., NTSB Aviation Accident Final Report, Accident
No. SEA07LA041 (finding probable cause of helicopter accident was
due, in part, to ``snow and ice ingestion'').
---------------------------------------------------------------------------
This proposed amendment is also consistent with the FAA's proposal
to extend the airplane operational requirements under Sec. 135.227 for
ground icing conditions to powered-lift discussed in section VI.D of
this preamble. In proposing the amendment to Sec. 135.227, the FAA
reasoned that some powered-lift may contain sophisticated aviation
technology and, in turn, possess the capability to operate during
ground icing conditions. As a result, the FAA proposes to extend Sec.
135.345(b)(6)(iv) to conform the regulation with the training that will
now be required under the proposed expanded scope of Sec. 135.227.
J. Part 142 Training Centers
The FAA proposes to amend part 142 requirements for training
centers to accommodate powered-lift. These amendments will harmonize
requirements for airplanes, powered-lift, and rotorcraft. The
amendments are necessary because the existing regulatory framework does
not reflect contemporary training and checking methods. As discussed in
section V.F above, part 142 was originally codified in 1996 to enable
training centers to provide standardized quality training, testing, and
checking to any individual, operator, or air carrier. The final rule
contained requirements for conducting training in an FSTD but did not
address powered-lift because there were no powered-lift in civil use at
that time.
However, in the years since part 142 was codified, significant
technological advancements in aircraft design have occurred, including
the development of civil use powered-lift. Along with the development
of powered-lift, sophisticated training devices for powered-lift are
being developed to allow for training under part 142, which is
currently permitted for airplanes and rotorcraft. The FAA recognizes
the value of FSTD training and seeks to provide a method to accomplish
FSTD training for powered-lift, to enhance safety and serve the public
interest. Therefore, the FAA proposes to amend Sec. Sec.
142.11(d)(2)(iii), 142.47(c)(2), 142.53(b)(2) and (3), and 142.57(c) to
permit the use of FSTDs for powered-lift training, testing, and
checking. These amendments will also harmonize the eligibility and
testing requirements for instructors providing inflight training in
powered-lift as well as in an FSTD for all aircraft categories.
[[Page 39019]]
1. Subpart A--General Requirements
Subpart A prescribes the requirements governing the certification
and operation of training centers, and provides an alternative means to
accomplish the training required by 14 CFR part 61, 63, 65, 91, 121,
125, 135, or 137.
Section 142.11 details the application requirements for issuance of
a new or amended training center certificate and training
specifications.\326\ Specifically, Sec. 142.11(d)(2)(iii) states that
training specifications issued to a training center must include the
FSTDs that the training center is authorized to use, including the
qualification level, and the make, model, and series of airplane or
rotorcraft being simulated in the FSTD. The FAA expects training
centers to utilize powered-lift FSTDs for training, testing, and
checking similar to current uses of airplane and rotorcraft FSTDs.
---------------------------------------------------------------------------
\326\ As defined in 14 CFR 142.3, training specifications are a
document issued to a training center certificate holder by the
Administrator that prescribes that center's training, checking, and
testing authorizations and limitations, and specifies training
program requirements.
---------------------------------------------------------------------------
Therefore, the FAA proposes amending Sec. 142.11(d)(2)(iii) to
include powered-lift. The regulatory text would be amended to state
that training specifications issued by the Administrator to the
certificate holder must contain the make, model, and series of
aircraft, or set of aircraft being simulated and the qualification
level assigned. With this amendment, training centers would be able to
apply for training specifications and receive authorization for the use
of FAA qualified powered-lift FSTDs, in addition to existing airplane
and rotorcraft requirements.
2. Subpart C--Personnel and Flight Training Equipment Requirements
Subpart C prescribes the personnel and flight training equipment
requirements for a certificate holder that is providing training to
meet the requirements of part 61. Section 142.47 prescribes the
requirements for instructors in an approved flight training course. The
rule requires each instructor to satisfactorily complete ground
training on the subjects identified in paragraph (c)(1) prior to
functioning as an instructor in a course. The rule further states in
Sec. 142.47(c)(2)(ii) that a written test is also required and must be
of equivalent difficulty, complexity, and scope as the tests provided
by the Administrator for the flight instructor airplane and instrument
flight instructor knowledge tests.
Although airplane is specified, the FAA asserts that the flight
instructor knowledge tests for powered-lift and rotorcraft would
provide the most comprehensive and relevant knowledge items that are
specific to those categories of aircraft. An aircraft category-specific
test allows the instructor to demonstrate the knowledge and expertise
the FAA considers appropriate for a part 142 training center to provide
for a specific category of aircraft. This is consistent with the
original intent of part 142 to establish a quality source of
standardized training and testing for instructors. Therefore, the FAA
finds it is necessary to amend the rule to include these categories of
aircraft.
Accordingly, the FAA proposes to amend Sec. 142.47(c)(2)(ii) to
require that a training center instructor complete a written test that
is the equivalent difficulty, complexity, and scope as the FAA flight
instructor and instrument flight instructor knowledge tests applicable
to the specific category of aircraft in which the instructor will be
qualified. The proposed amendment will ensure that powered-lift,
airplane, and rotorcraft training center instructors are adequately
tested and qualified, and that the test they complete contains the
appropriate scope of material applicable to the category of aircraft in
which they will instruct.
Section 142.53 prescribes training center instructor training and
testing requirements. Under paragraph (b), each instructor who
instructs in an FFS that the FAA has approved for all training and
testing for the ATP certification test or aircraft type rating test
must meet one of three requirements prior to designation and every 12
calendar months thereafter. Of these three requirements that an
instructor may meet to satisfy Sec. 142.53(b), two of the three are
airplane specific. Specifically, Sec. 142.53(b)(2)(i) and (b)(3)(i)
are specific to airplanes and do not include powered-lift or
rotorcraft. As a result, powered-lift and rotorcraft FFS instructors
are currently limited to a single compliance option under Sec.
142.53(b)(1), which requires FFS instructors to conduct inflight
operations to maintain recency of experience.
Section 142.53(b)(1) requires the instructor to perform two hours
in flight, including three takeoffs and three landings as the sole
manipulator of the controls of an aircraft of the same category and
class, and, if a type rating is required, of the same type replicated
by the approved FFS in which that instructor is designated to instruct.
The FAA recognizes that satisfaction of this inflight experience
requirement may pose a challenge for FFS instructors that do not hold a
medical certificate. For those individuals, another qualified person
would have to accompany the instructor to act as PIC in the aircraft
because, without a medical certificate, the FFS instructor would not be
qualified to serve as PIC. As a result, some experienced instructors
that do not hold a medical certificate may be excluded from serving as
an FFS instructor. The FAA's current proposal to afford FFS instructors
additional options other than satisfying the inflight experience
requirement provides greater flexibility for powered-lift and
rotorcraft FFS instructors, like that provided for their airplane FFS
instructor counterparts.
The FAA acknowledges that inflight operations provide many training
benefits and improve pilot confidence and competence. Pilots are able
to maintain their skills in the actual operating environment, improve
their decision making, maintain situational awareness, and exercise
crew resource management. However, the FAA also considers that a line-
observation program as described in Sec. 142.53(b)(2), or an inflight
observation program as specified in Sec. 142.53(b)(3), provide
equivalent training and experience for FFS instructors. This allows all
FFS instructors (regardless of ability to actively access inflight
operations) the opportunity to be immersed in the operational
environment. Observation programs are beneficial for airplane FFS
instructors and the FAA asserts these programs will be equally
beneficial for powered-lift and rotorcraft FFS instructors.
The FAA anticipates that powered-lift FFSs will have advanced
technology, visual cues, and be able to replicate flight to the same
degree as current FFSs used for airplanes. The FAA believes powered-
lift instructors should have the same flexibility to comply with any of
the three enumerated options in this section. Additionally, rotorcraft
FFSs also incorporate advanced technology, similar to airplane FFSs,
and mirror the airplane FFSs' visual cues and aircraft feel, and
replicate flight of an actual rotorcraft. Therefore, the FAA proposes
to amend paragraphs (b)(2) and (3) to change the word ``airplane'' to
``aircraft.'' Resultantly, changing the text to aircraft enables
powered-lift and rotorcraft instructors to complete an observation
program in addition to the inflight training option under paragraph
(b)(1). This provides flexibility to select the best option for
instructors, reducing environmental impact, congestion in the NAS, and
granting all instructors the
[[Page 39020]]
ability to participate in an approved line-observation program.
Finally, Sec. 142.57 prescribes requirements for training center
certificate holders and applicants that use aircraft for flight
instruction. Paragraph (b) requires the training center certificate
holder or applicant to ensure, in part, that aircraft used in flight
instruction are two-place aircraft with engine power controls and
flight controls easily reached from both pilot stations. Paragraph (c)
provides an exception to this requirement, specifically permitting the
training center to use an airplane where certain controls are not
easily reached by both pilots if the certificate holder has determined
that the flight instruction can be conducted in a safe manner.
As currently written, paragraph (c) only applies to training
centers using airplanes. In the NPRM published on August 11, 1992, the
FAA's accompanying explanation for this regulation illustrates that it
did not intend to limit the relief afforded by this paragraph to only
airplanes. In fact, the preamble stated, ``certain uniquely configured
aircraft can be safely operated with flight controls that do not meet
the above standards, paragraph (c) of this proposed section would
permit a training center to authorize the use of such aircraft upon a
finding that flight instruction can be safely conducted in them.''
\327\ The FAA clearly intended for this paragraph to apply to all
aircraft but that intent was not realized when the regulatory text used
the word ``airplane.''
---------------------------------------------------------------------------
\327\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, 57 FR 35905 (Aug. 11, 1992).
---------------------------------------------------------------------------
Two-place aircraft with engine power controls and flight controls
that are not easily reached from both pilot stations are continually
designed and manufactured; this is not unique to only airplanes. These
aircraft are distinctly configured, and the certificate holder is in a
position to determine whether they may be safely operated for the
purposes of flight instruction considering the location of controls and
operation for that specific aircraft. Therefore, the FAA continues to
support the original intention that relief is warranted for all
aircraft and proposes to change the word ``airplane'' in Sec.
142.57(c) to ``aircraft.'' This amendment would allow training centers
to utilize an airplane, powered-lift, or rotorcraft with controls not
easily reached and operated in a conventional manner by both pilots if
the certificate holder determines the flight instruction can be
conducted in a safe manner considering the location of controls and
their nonconventional operation, or both.
3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in
Training Courses Under Part 142
As discussed previously in section V.G.1 of this preamble, some
powered-lift may not be capable of performing all the tasks listed in
the appropriate ACS for that practical test for the certificate or
rating sought. The FAA proposes that if it authorizes an examiner to
waive a specific task during the practical test because the powered-
lift is incapable of performing the task, the applicant should also be
relieved from the requirement to receive flight training on that task.
Therefore, in proposed Sec. 194.251, the FAA proposes that a training
course for which approval is requested is not required to consist of
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued
waiver authority for that task in accordance with Sec. 194.207(b).
K. Subpart K of Part 91 Pilot Qualifications
Subpart K was added to part 91 in 2003 to establish criteria for
fractional ownership programs.\328\ It allows fractional owners and the
management company to share operational control of the aircraft and
delineates operational control responsibilities. It also contains
regulatory safety standards for operations under fractional ownership
programs, including pilot training. Subpart K currently has two
powered-lift references in Sec. Sec. 91.1001(b)(10) and 91.1053(a)(2).
These references were included when subpart K of part 91 was codified
to prescribe specific applicability and crew training requirements for
fractional ownership operations.
---------------------------------------------------------------------------
\328\ Regulation of Fractional Aircraft Ownership Programs and
On-Demand Operations, 68 FR 54561 (Sep. 17, 2003).
---------------------------------------------------------------------------
Section 91.1053 prescribes the FAA certification and ratings
required to serve as a pilot in a powered-lift as part of a fractional
ownership program and is applicable to powered-lift as written. Section
91.1053(a)(2)(i) requires the PIC of a powered-lift to hold an ATP
certificate and applicable type ratings to conduct operations under
subpart k of part 91. The FAA proposes to permanently amend Sec.
91.1053(a)(2)(i) to clarify that the type rating required cannot be
limited to VFR only operations.
Under the VFR only type rating proposed in section V.H of this
preamble, a pilot may take their instrument rating practical test
within two calendar months after they pass the type rating practical
test in a powered-lift. However, the FAA finds that the skills and
experience required to pass an instrument rating practical test are
necessary to ensure safety in subpart K operations. In part, the
instrument rating requirements necessary to pass the associated
practical test ensure that PICs of powered-lift possess proper training
and experience in simulated and actual instrument conditions. This is
particularly important when considering the operating environment
anticipated for powered-lift in subpart K operations, where pilot error
can be immediately safety-critical when encountering IMC or areas of
lower visibility. For these reasons, and those discussed more fully in
support of restricting the use of a VFR only type rating in part 135
operations above, the FAA proposes a permanent amendment to Sec.
91.1053(a)(2)(i) to clarify that the type rating required to operate
under subpart k of part 91 cannot be limited to VFR only operations.
Section 91.1055 prescribes pilot operating limitations and pairing
requirements for fixed-wing program aircraft. The regulation requires
the PIC to execute takeoffs and landings under certain operational
conditions when the SIC has less than 100 hours of flight time as SIC
in the aircraft make and model and type, if a type rating is required,
and the PIC is not an appropriately qualified check pilot. The FAA
maintains that the familiarity required for SICs should be the same for
powered-lift as required for fixed-wing aircraft. The crew pairing and
operational limitations required by this section are designed to ensure
the flightcrew possess the necessary familiarity and experience to
safely operate the aircraft. Therefore, to ensure an appropriate level
of safety for powered-lift, the FAA is proposing that this rule apply
to powered-lift under the SFAR.
Lastly, Sec. 91.1065 prescribes the initial and recurrent pilot
testing requirements. To ensure an appropriate level of safety is
maintained when these aircraft are operated, the FAA notes that Sec.
91.1065(b) applies to each type of anticipated powered-lift because
this section currently applies to the type of multiengine aircraft,
turbojet airplane, or rotorcraft. As described in section VI.A of this
preamble, all powered-lift coming to market are multiengine aircraft,
and the FAA does not anticipate civil single-engine powered-lift to be
developed during the term of this SFAR. As such, in accordance with
[[Page 39021]]
existing Sec. 91.1065(b), PICs and SICs of powered-lift fractional
ownership program operations must complete a competency check in each
type of powered-lift in which the pilot will serve every 12 calendar
months. Accordingly, the FAA is not proposing any amendments to Sec.
91.1065(b).
---------------------------------------------------------------------------
\329\ As discussed in section V.F of this preamble, this
proposal would not alter the current part 135 training environment.
A part 135 instructor would only be required to hold a flight
instructor certificate with powered-lift ratings to conduct training
in the part 135 operator's airmen certification curriculum proposed
in Sec. 194.243(a).
\330\ A person holding a private pilot certificate is not
required to remove the ``VFR Only'' limitation if the limitation
applies to a powered-lift type that is not a large aircraft or
turbojet-powered.
---------------------------------------------------------------------------
L. Summary of Proposed Regulatory Changes for Airmen
Table 8--Summary of Proposed Temporary Provisions in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
14 CFR Sec. Proposed SFAR Sec.
Topic affected Current requirement Summary of proposed alternate requirement in SFAR
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cross-country time 61.1(b) To log cross-country time 194.201 Allows a person to log cross-country time
in a powered-lift, the flight must in a powered-lift when the flight includes at least
include at least a straight-line a straight-line distance of more than 25 nautical
distance of more than 50 nautical miles.
miles.
Qualification 61.3(d)(2) To instruct in a powered- 194.203(b) Requires a person to hold a flight
requirements for 61.3(d)(3)(ii) lift under a part 135 approved 194.205 instructor certificate with the appropriate powered-
part 135 flight 61.167(a)(2) training program, a person must 194.243(a)(1) lift ratings to conduct training in accordance with
instructors 61.195(b)(1) hold either a flight instructor a part 135 approved training curriculum that
certificate or an ATP certificate culminates in a commercial pilot certificate with a
with the appropriate powered-lift powered-lift category rating, an instrument-powered-
ratings. lift rating, and an initial powered-lift type
rating.\329\
Practical tests in 61.45(b) An applicant for a 194.207(a) and (b) Allows an examiner who conducts a practical
powered-lift that certificate or rating may use an test in a powered-lift that is unable to perform
are incapable of aircraft with operating all the tasks required for the practical test to
performing certain characteristics that preclude the waive any task for which the FAA has provided
tasks applicant from performing all the waiver authority and enables the issuance of
tasks required for the practical powered-lift ratings without limitations.
test, but the certificate or rating
will be issued with an appropriate
limitation.
Flight training on 61.107(a), (b)(5) An applicant for a private 194.207(c); Relieves an applicant from the requirement
tasks for which 61.127(a), (e) pilot certificate or a commercial 194.251 to receive flight training on a task specified in
the FAA has pilot certificate with a powered- an area of operation if the task cannot be
provided waiver lift category rating must receive performed in the powered-lift, as determined by the
authority flight training on the areas of FAA's issuance of waiver authority for the task on
operation listed in Sec. a practical test.
61.107(b)(5) or Sec. 61.127(e),
as appropriate to the certificate
sought.
Additional 61.55 A person serving as SIC of 194.209 Adds an SIC qualification requirement for
qualification an aircraft type certificated for persons who obtain a powered-lift category rating
requirements for more than one required pilot flight by passing a practical test during which the
certain pilots crewmember or in operations examiner waived a required task. To serve as SIC of
serving as SIC requiring an SIC pilot flight a powered-lift that is capable of performing the
crewmember must meet the waived task, the person must receive training from
qualification requirements an authorized instructor on the task and an
contained in Sec. 61.55. endorsement certifying that the person has
satisfactorily demonstrated proficiency of the
task, subject to certain exceptions.
Eligibility 61.63(d) and (e) An applicant seeking an 194.211 Relieves an applicant seeking a powered-
requirements for a aircraft type rating concurrently lift type rating concurrently with a powered-lift
person seeking a with an aircraft category rating category rating from the requirement to
powered-lift type must hold or concurrently obtain an concurrently obtain an instrument-powered-lift
rating appropriate instrument rating rating, which would require three practical tests
unless the aircraft is not capable simultaneously. Instead, allows the applicant to
of instrument maneuvers and complete the instrument rating practical test and
procedures. the instrument portion of the type rating practical
test later by issuing a ``VFR only'' limitation on
the powered-lift type rating, which would remain
valid for 2 calendar months.\330\
[[Page 39022]]
Aeronautical 61.129(e) Section 61.129(e) contains 194.215; 194.217 Establishes alternate experience and
experience and 61.51(e) the aeronautical experience through 194.223; logging requirements that remove current regulatory
logging requirements for a person seeking a 194.233 burdens and facilitate commercial pilot
requirements for a powered-lift category rating on a certification in the powered-lift category for the
commercial pilot commercial pilot certificate. following groups of pilots: (1) test pilots and
certificate with a Section 61.51(e) contains the instructor pilots, (2) initial cadre of instructors
powered-lift requirements for logging PIC flight for an approved training program under part 135,
category rating time. 141, or 142, and (3) persons completing an approved
training program under part 135, 141, or 142.
See Tables 2, 3, and 4 in section V.E of
this preamble for additional information.
Aeronautical 61.65(f) Section 61.65(f) contains 194.215; 194.225 Establishes alternate experience and
experience and 61.51(e) the aeronautical experience through 194.231; logging requirements that remove current regulatory
logging requirements for a person seeking 194.235 burdens and facilitate the ability to obtain an
requirements for an instrument-powered-lift rating. instrument-powered-lift rating for the following
an instrument- Section 61.51(e) contains the groups of pilots: (1) test pilots and instructor
powered-lift requirements for logging PIC flight pilots, (2) initial cadre of instructors for an
rating time. approved training program under part 135, 141, or
142, and (3) persons completing an approved
training program under part 135, 141, or 142
See Tables 5, 6, and 7 in section V.E. of
this preamble for additional information.
Cross-country 61.109(e)(2)(i), Requires an applicant for a 194.237 Establish alternate cross country
aeronautical (e)(5)(ii) private pilot certificate with a experience requirements that allow an applicant for
experience powered-lift category rating to a private pilot certificate with a powered-lift
requirements for a complete (1) a cross-country flight category rating to complete certain cross-country
private pilot of over 100 nautical miles total flights with reduced nautical mile distances.
certificate with a distance, and (2) a solo cross-
powered-lift country flight of 150 nautical
category rating miles total distance with one
segment of the flight consisting of
a straight-line distance of more
than 50 nautical miles.
PIC and SIC 91.1055(a) Requires SIC of a fixed- 194.245(a) Applies fixed-wing program aircraft pairing
operating wing program aircraft with fewer requirement to SICs operating powered-lift.
limitations and than 100 hours of flight time as
pairing SIC flying in the aircraft make and
requirement in model and, if a type rating is
part 91, subpart required, in the type aircraft
K, operations being flown, to have the PIC, if
not an appropriately qualified
check pilot, make all takeoffs and
landings in the situations listed
in paragraphs (a)(1) and (2).
Commuter operations 135.3(b) Requires certificate 194.247(b) Adds a requirement for certificate holders
with airplanes holders that conduct commuter conducting commuter operations under part 135 with
requiring two operations under part 135 with powered-lift requiring two pilots by the aircraft
pilots by type airplanes in which two pilots are flight manual to comply with subpart Y of part 121,
certification required by type certification the Advanced Qualification Program (AQP). PICs
rules of chapter I to comply with would also be required to receive other
subparts N and O of part 121, instruction, facilitated discussion, and training,
instead of subparts E, G, and H of including scenario-based training, as part of their
part 135. initial, recurrent, and upgrade ground training.
PIC operating 135.244(a)(1) Requires PIC in commuter 194.247(c) Makes operating experience requirements in
experience through (4) operations to complete the paragraphs (a)(1) through (4) inapplicable to
requirements in applicable operating experience powered-lift PICs and establishes 20-hour PIC
commuter listed in paragraphs (a)(1) through operating experience requirement in each make and
operations (4) in the make and basic model of basic model of powered-lift to be flown.
aircraft to be flown.
[[Page 39023]]
Initial, 135.345(b)(6)(iv) Requires initial, 194.247(d) Establishes that initial, transition, and
transition, and transition, and upgrade ground upgrade ground training under Sec. 135.345 for
upgrade ground training for pilots for each powered-lift pilots must include instruction in
training for aircraft type to include knowledge Sec. 135.345(b)(6)(iv), as applicable.
pilots and procedures for operating
airplanes during ground icing
conditions, including the areas
listed in paragraphs (b)(6)(iv)(A)
through (G), if the certificate
holder expects to authorize
takeoffs in ground icing
conditions.
Pilot certification N/A No current requirement. 194.243 Allows part 119 certificate holders
through completion authorized to conduct part 135 operations to
of training, establish and implement certain training
testing, and curriculums to satisfy training and experience
checking under requirements by facilitating alternate eligibility
part 135 standards for pilots who may be trained under such
curricula and using competency checks and
proficiency checks required by part 135 to satisfy
practical test requirements.
Qualification 141.35(a)(1) Requires a chief 194.241(a) Relieves persons seeking designation as a
requirements for 141.36(a)(1) instructor, assistant chief chief instructor, assistant chief instructor, or
chief instructors, 141.37(a)(2)(ii) instructor, and a check instructor check instructor (for checks and tests that relate
assistant chief (for checks and tests that relate to flight training) in a course of training for a
instructors, and to a flight training course) to powered-lift from the requirement to hold a class
check instructors hold (1) a commercial pilot rating on the pilot certificate and flight
certificate or ATP certificate with instructor certificate.
the appropriate aircraft category
and class ratings, and (2) a flight
instructor certificate with the
appropriate category and class
ratings.
Qualification 141.37(a)(3)(ii) Requires a check instructor 194.241(b) Relieves persons seeking designation as a
requirements for (for checks and tests that relate check instructor (for checks and tests that relate
check instructors to ground training) to hold ground to ground training) in a course of training for a
for checks and instructor certificate or a flight powered-lift from the requirement to hold a class
tests that relate instructor certificate with the rating on the flight instructor certificate.
to ground training appropriate category and class
ratings.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 9--Summary of Proposed Permanent Changes
----------------------------------------------------------------------------------------------------------------
Provision 14 CFR Sec. Summary of proposed provision
------------------------------------------affected--------------------------------------------------------------
Certificates and ratings issued 61.5(b)(7) Adds powered-lift to the list of aircraft
under part 61. type ratings that may be placed on a pilot
certificate when an applicant satisfactorily
accomplishes the training and certification
requirements for the rating sought.
Relocates the SIC pilot type rating from the
list of aircraft type ratings to an independent
provision.
Type rating requirements......... 61.31(a) Adds powered-lift to the list of aircraft for
which a PIC must hold a type rating.
SIC qualifications............... 61.55(a) Adds a provision to cross-reference the
proposed SIC qualification requirements in the SFAR
that would apply only to persons seeking to serve as
SIC of a powered-lift that is capable of performing
tasks that the person was never trained or tested on.
Additional aircraft ratings...... 61.63(h) Removes provisions that enable a pilot to
61.165(g) apply for a category and class rating that is limited
to a specific make and model of experimental aircraft
based on flight time that was logged between
September 1, 2004, and August 31, 2005. Because
persons have had over 15 years to obtain a limited
rating under these provisions, FAA anticipates that
these provisions are obsolete.
Clarification of Requirements for 61.39(a)(iii); Adds a provision to make clear that a person
a Practical Test in an Aircraft 61.43(g); 61.47(d) may not furnish an aircraft that requires a type
Requiring a Type Rating. rating (or a FSTD representing an aircraft requiring
a type rating) for the practical test without seeking
a type rating for that aircraft.
Use of an FFS or FTD............. 61.64(e), (f) Requires a person completing the entire
practical test in a Level C or higher FFS to obtain a
powered-lift type rating with a PIC limitation unless
the person has 500 hours of flight time in the type
of powered-lift.
[[Page 39024]]
Private Pilot Aeronautical 61.109(e)(5) Requires a person seeking a powered-lift
experience: Powered-lift category rating on a private pilot certificate to
category rating. obtain 10 hours of solo flight time in a powered-
lift.
ATP Aeronautical experience: 61.163(c) Permits flight time logged under SIC PDP to
Powered-lift category rating. be credited towards 1,500 hours of total time
required for an ATP certificate with a powered-lift
category rating.
ATP privileges and limitations... 61.167(a)(2) Adds reference to the ATP experience
requirements of Sec. 61.163 to enable a person who
holds an ATP certificate with a powered-lift category
rating to have instructional privileges consistent
with those afforded to ATP certificate holders with
airplane and helicopter ratings.
Crewmember experience and minimum 91.1053(a)(2)(i) Requires that type rating for PIC operating
equipment list requirements for 91.1115(b)(1) powered-lift in program operations under subpart K of
program aircraft. part 91 not be limited to VFR only.
Adds powered-lift and other aircraft to
regulation prescribing instruments and equipment that
may not be included in the Minimum Equipment List.
PIC qualifications for certain 135.243(a) Adds requirement to hold an ATP certificate
part 135 passenger-carrying with a powered-lift category rating and an
operations. appropriate type rating not limited to VFR for that
powered-lift, when serving as PIC in: (1) on-demand
passenger-carrying turbojet-powered powered-lift
operations; (2) on-demand operations in a powered-
lift having a passenger seating configuration,
excluding crewmember seats, of ten or more; and (3)
powered-lift commuter operations other than turbojet-
powered powered-lift.
PIC qualifications to conduct VFR 135.243(b) and (c) Requires the PIC of a part 135 VFR operation
and IFR operations under part in a powered-lift to hold a commercial pilot
135. certificate with appropriate category ratings, an
appropriate type rating not limited to VFR, and an
instrument-powered-lift rating or an ATP certificate
with a powered-lift category rating.
Requires the PIC of a part 135 IFR operation
in a powered-lift to hold a commercial pilot
certificate with appropriate category ratings, a type
rating for the aircraft not limited to VFR, and an
instrument-powered-lift rating or an ATP certificate
with a powered-lift category rating.
SIC qualifications under part 135 135.245(c) Adds requirements for maintaining instrument
experience for powered-lift SICs that operate under
IFR.
Initial and recurrent pilot 135.293(a)(9), (b), Adds testing requirement for powered-lift
testing requirements in part 135 and (c) pilots on specific procedures to recognize and avoid
operations. hazardous visibility conditions.
Adds competency check requirement to be
conducted in the type of powered-lift in which the
pilot will serve.
Requires competency check in a powered-lift
to include a demonstration of the pilot's ability to
maneuver the powered-lift solely by reference to
instruments; safely maneuver the powered-lift into
VMC following an inadvertent encounter with IMC; and,
for non-IFR-certificated powered-lift, requires
performance of maneuvers appropriate to the powered-
lift's installed equipment, the certificate holder's
operations specifications, and the operating
environment.
PIC instrument proficiency check 135.297(c)(1), (g)(3) Modifies instrument proficiency check
requirements under part 135. requirements to align powered-lift, rotorcraft, and
airplane PIC IPC requirements.
Modifies PIC IPC requirements when using
autopilot instead of an SIC in powered-lift and
rotorcraft, to align with IPC requirements when using
autopilot instead of an SIC in an airplane.
Training center certificate 142.11(d)(2)(iii) Adds training specification requirements for
holder training specifications. powered-lift flight simulators and flight training
devices.
Training center instructor 142.47(a)(5)(ii) and Adds requirement that instructors providing
eligibility requirements. (c)(2)(ii) instruction in flight simulators or flight training
devices that represent aircraft requiring a type
rating, or in a curriculum leading to an ATP
certificate or adding a rating to an ATP certificate,
meet the aeronautical experience requirements of Sec.
61.159, Sec. 61.161, or Sec. 61.163.
Clarifies scope of knowledge tests that
instructors must satisfactorily complete.
Training center instructor 142.53(b)(2)(i) and Adds allowance for instructors instructing in
training and testing (b)(3)(i) a flight simulator for an ATP certificate or type
requirements. rating to meet one of three requirements.
Flight instruction aircraft 142.57(c) Adds exception for training centers to use
requirements for training aircraft with controls not easily reached from both
centers. pilot stations if the certificate holder determines
the flight instruction can be conducted in a safe
manner.
----------------------------------------------------------------------------------------------------------------
VI. Operational Rules for Powered-Lift
A. Introduction
The following sections detail the operational rules that the FAA
proposes to apply to powered-lift under the SFAR. Through the proposed
SFAR, the FAA would provide a pathway to integrate powered-lift
operations into parts 91, 97, 135, and 136. The FAA proposes to apply
specific airplane, rotorcraft, and helicopter rules to powered-lift as
appropriate.\331\
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\331\ The FAA notes that there are some inconsistencies in how
FAA regulations currently refer to ``rotorcraft'' versus
``helicopter.'' In this preamble, the FAA references the term that
is currently used in each regulation. In the future, the FAA may
propose standardizing the use of ``rotorcraft'' or ``helicopter.''
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Currently, parts 43, 91, 97, 135, and 136 contain certain
provisions applicable to aircraft, generally, and do
[[Page 39025]]
not specify applicability to a particular kind of aircraft (e.g.,
airplane, rotorcraft, or powered-lift). Accordingly, these provisions
are already applicable to powered-lift because powered-lift meet the
definition of aircraft in Sec. 1.1. In order to mitigate the safety
gaps that exist due to the absence of operational regulations
specifically applicable to powered-lift, the FAA proposes, through the
SFAR, to apply specific airplane, rotorcraft, and helicopter rules
contained in parts 43, 91, 97, 135, and 136 to powered-lift as
appropriate. The FAA conducted a comprehensive review of the
operational rules, taking into consideration the anticipated
capabilities of powered-lift and the lack of operational data. Each
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift
operations as is provided in the current rules. Based on this review,
the FAA asserts that the proposed provisions will maintain an
equivalent level of safety for operations conducted in powered-lift to
those conducted in airplanes, rotorcraft, or helicopters.
In conducting its analysis, the FAA noted the hybrid nature of the
performance characteristics for powered-lift and reviewed the rules
that explicitly state airplane, rotorcraft, and helicopter. Powered-
lift have the ability to takeoff and land vertically like helicopters,
but also fly similar to an airplane. The FAA anticipates some powered-
lift may also be capable of conducting takeoff and landing operations
that depend on wing-borne lift, similar to an airplane. The FAA also
anticipates powered-lift operators will maximize the aircraft's unique
characteristics to conduct a range of different operations. These
operations will likely include low speed, short distance, and short
duration flights typically flown in helicopters; as well as longer,
faster, and higher altitude flights typically flown by airplanes. The
FAA reasons that while powered-lift have a range of performance
characteristics, the majority of the powered-lift flight time will be
during cruise operations. Moreover, when operating similar to a
helicopter, powered-lift may have substantial differences in
performance, transition times, and methods; and vary in their ability
to sustain hover, land at a heliport, or execute copter approaches. The
FAA acknowledges that the capability of every powered-lift may not be
captured or accommodated by the SFAR. However, the SFAR is a temporary
regulatory structure that allows the FAA time to draft permanent rules.
Ultimately, the FAA proposes rules it considers appropriate for
powered-lift based on risk and available data. The FAA seeks comment on
this approach for operational rules as temporarily applied to powered-
lift.
1. Aircraft References and Other Definitions in Section 1.1
As discussed previously, the regulations under title 14 of the Code
of Federal Regulations that reference ``aircraft'' currently apply to
powered-lift. As a result, the FAA generally does not address
regulations pertaining to aircraft within the operational section of
this preamble. The FAA analyzed regulations that reference airplane,
rotorcraft, aircraft with propellers or rotors, helicopter, powerplant,
and engine to determine which of those regulations should apply to
powered-lift, in addition to the requirements already applicable to
``aircraft.''
To enable powered-lift to conduct extended overwater operations and
to use heliports in those operations, the FAA proposes to apply the
``extended over-water operation'' and ``heliport'' definitions in Sec.
1.1 to powered-lift. ``Extended over-water operation'' for helicopters
is defined as ``an operation over water at a horizontal distance of
more than 50 nautical miles from the nearest shoreline and more than 50
nautical miles from an off-shore heliport structure.'' Section 1.1
defines ``heliport'' as ``an area of land, water, or structure used or
intended to be used for the landing and takeoff of helicopters.'' The
FAA recognizes that it has published interim guidance for vertiport
design, and industry is seeking use of existing infrastructure,
including heliports. The FAA is evaluating whether these structures
could be used with modification. The FAA proposes to enable operations
using heliports and solicits comments from industry on the viability of
this proposal. The FAA discusses this proposal in more detail in
sections VI.B and VI.D of this preamble.
2. Powerplant and Engine References
Within the operational rules of this SFAR, the FAA generally does
not impose requirements based on the powerplant of the powered-lift.
For example, where a regulation refers to an aircraft powered by
turbines, the FAA takes the approach that such regulations should apply
to all powered-lift. The FAA anticipates that certain powerplants, such
as electric motors, may have equal or better performance in comparison
to internal combustion engines, which could lead to higher performance
capabilities, so in an abundance of caution, the FAA is generally
taking a more conservative approach and requiring that certain
operating regulations apply to all powered-lift, regardless of
powerplant. There are, however, some regulations where the FAA proposes
to apply certain regulations based on powerplant because those
regulations contain factors other than performance which trigger the
applicability of that particular regulation (e.g., the regulation is
powerplant specific to maintain the intent for noise abatement in
certain classes of airspace). In those instances, the FAA explains why
it proposes to retain the powerplant reference.
Notably, as stated in section V.J of this preamble, at present, the
FAA does not anticipate the introduction of turbojet-powered powered-
lift into the civilian market. The FAA recognizes that in the Update to
Air Carrier Definitions NPRM, the FAA proposes amendments to
definitions to distinguish between powered-lift that are turbojet-
powered and those that are not for purposes of forecasting an
operational framework based on aircraft performance. The FAA also
references turbojet-powered powered-lift for purposes of proposing an
airman certification framework for pilots of those aircraft; however,
due to the lack of turbojet-powered powered-lift expected to enter the
civilian market during the term of this SFAR, it is appropriate for the
operating regulations to generally remain powerplant neutral at this
time.
This proposed rule refers to powered-lift electric motors as
``engines.'' The FAA has previously determined that it is appropriate
to use the term ``engine'' for powered-lift electric motors to remain
consistent with regulatory references to ``engines'' and to ensure the
appropriate regulations apply to powered-lift.\332\ In addition, the
FAA does not impose requirements specifically for ``multiengine''
powered-lift, even though many regulations within parts 91, 135, and
136 reference ``multiengine'' airplanes and aircraft.\333\ The FAA
acknowledges that currently all civil powered-lift coming to market are
multiengine aircraft, and it does not anticipate civil single-engine
powered-lift to be developed during the term of this SFAR. Accordingly,
to reduce redundancy and to ensure the
[[Page 39026]]
regulations apply as intended, the FAA applies multiengine regulations
to all powered-lift.
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\332\ The FAA issued the first special conditions for an
electric engine in September 2021. See Special Conditions: magiX
USA, Inc., magni350 and magni650 Model Engines; Electric Engine
Airworthiness Standards, 86 FR 53508 (Sep. 27, 2021).
\333\ See, e.g., Sec. Sec. 91.501 (applying the operational
requirements of subpart F to turbine-powered multiengine airplanes)
and 135.152 (requiring FDRs on certain multiengine, turbine-engine
powered airplanes).
---------------------------------------------------------------------------
3. Flight Modes
The operational rules of this SFAR refer to two flight modes: wing-
borne flight mode and vertical-lift flight mode. Wing-borne flight mode
refers to powered-lift that are operating more like traditional
airplanes, which use a wing to generate lift and depend exclusively or
partially on nonrotating airfoil(s) for lift during takeoff, landing,
or horizontal flight. Vertical-lift flight mode refers to powered-lift
that are operating like traditional rotorcraft, which are capable of
vertical takeoff, vertical landing, and low speed flight; and depend
principally on engine-driven lift devices or engine thrust for lift.
4. Incorporation by Reference
Incorporation by reference (IBR) is a mechanism that allows Federal
agencies to comply with the requirements of the Administrative
Procedure Act to publish rules in the Federal Register and the CFR by
referring to material published elsewhere.\334\ Material that is
incorporated by reference has the same legal status as if it were
published in full in the Federal Register. The standards referenced in
this rule include technical information and specifications for
equipment and capabilities required to meet terrain awareness and
warning systems and helicopter terrain awareness and warning systems.
---------------------------------------------------------------------------
\334\ See 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
The standards referenced in Sec. Sec. 194.109, 194.302, 194.307,
and 194.308 of this proposed rule are proposed to be incorporated by
reference with the approval of the Director of the Office of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.
1. TSO-C194, Helicopter Terrain Awareness and Warning System (Dec.
17, 2008). This TSO contains the minimum performance standards the
helicopter terrain awareness and warning system must meet for approval
and identification with the TSO marking. It may be obtained from the
U.S. Department of Transportation, Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue,
Landover, MD 20785; telephone (301) 322-5377. It is also available on
the FAA's website at www.faa.gov/aircraft/air_cert/design_approvals/tso/. Select the link ``Search Technical Standard Orders.''
2. Section 2, Equipment Performance Requirements and Test
Procedures, of RTCA DO-309, Minimum Operational Performance Standards
(MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS)
Airborne Equipment (Mar. 13, 2008). Section 2 of RTCA DO-309 contains
the equipment performance requirements and test procedures for
Helicopter Terrain Awareness and Warning Systems. It may be obtained
from RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036;
telephone (202) 833-9339; website: www.rtca.org/products.
In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\335\ all
approved materials are available for inspection at the FAA's Office of
Rulemaking, 800 Independence Avenue SW, Washington, DC 20590 (telephone
(202) 267-9677).
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\335\ 5 U.S.C. 552(a) requires that matter incorporated by
reference be ``reasonably available'' as a condition of its
eligibility. Further, 1 CFR 51.5(a)(1) requires that agencies
seeking to incorporate material by reference discuss in the preamble
of the proposed rule the ways that the material it is incorporating
by reference is reasonably available to interested parties and how
interested parties can obtain the material.
---------------------------------------------------------------------------
B. Part 91 Rules for Powered-Lift
Part 91 prescribes flight rules governing the operation of aircraft
within the U.S., including the waters within 3 nautical miles of the
U.S. coast.\336\ Part 91 establishes broad requirements for aircraft
operators, aircraft equipment, and aircraft maintenance, and
specifically references powered-lift in subpart K. The references to
powered-lift were added to part 91 in 2003 as part of the fractional
ownership amendments.\337\ At the time of the fractional ownership
amendments to part 91, the FAA did not consider it necessary to address
powered-lift throughout part 91 because powered-lift were not available
for civil operations. As a result, powered-lift were not included as a
type of aircraft in part 91, and the part 91 operational rules that are
based on category or class of aircraft do not apply to powered-lift.
---------------------------------------------------------------------------
\336\ The FAA notes that in addition to part 91 regulating the
operation of aircraft within 3 nautical miles of the U.S. coast,
certain part 91 regulations apply to persons operating aircraft over
waters between 3 and 12 nautical miles from the U.S. coast. See 14
CFR. 91.1(b).
\337\ Regulation of Fractional Aircraft Ownership Programs and
On-Demand Operations; Final Rule, 68 FR 54520 (Sep. 17, 2003).
---------------------------------------------------------------------------
The FAA limits the scope of this SFAR to include only the relevant
operational rules in 14 CFR part 91, subparts A through H \338\ and K.
Applying the specific airplane or helicopter rules from these subparts
will provide an appropriate level of safety for powered-lift
operations. Regulations from subparts I, J, L, M, and N \339\ are not
addressed in this SFAR because they apply to aircraft generally, and
thus already apply to powered-lift, or because they apply to a distinct
class of aircraft to which powered-lift do not belong.
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\338\ Subparts A through H address general operating rules
flight rules; equipment instrument and certificate requirements;
special flight operations, maintenance, preventive maintenance and
alteration, large and turbine-powered multiengine airplanes and
fractional ownership program aircraft; and additional equipment and
operating requirements for large and transport category aircraft,
respectively.
\339\ See subpart I, Operating Noise Limits; subpart J, Waivers;
subpart L, Continued Airworthiness and Safety Improvements; subpart
M, Special Federal Aviation Regulations; and subpart N, Mitsubishi
MU-2B Series Special Training, Experience, and Operating
Requirements.
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The discussion that follows explains the proposed application of
specific part 91 regulations to powered-lift, as reflected by the
tables contained in proposed Sec. Sec. 194.302 and 194.303. These
provisions are organized by subpart in the rule. As an additional note,
Sec. 91.905 has a list of specific regulations that are subject to
waiver, as described in Sec. 91.903. Powered-lift operators may also
apply for waivers from those provisions if they cannot comply with the
requirements subject to waiver, including those modified by the SFAR,
or, if the provision is not subject to waiver, the operator may seek an
exemption.
1. Subpart A--General Requirements
Subpart A prescribes rules governing the operation of aircraft
within the U.S., including the waters within 3 nautical miles of the
U.S. coast.\340\ The provisions are applicable to all aircraft
operating in the NAS, unless specifically excepted, such as for
aircraft governed by part 103 or 107.
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\340\ As previously mentioned, in addition to part 91 regulating
the operation of aircraft within 3 nautical miles of the U.S. coast,
certain part 91 regulations apply to persons operating aircraft over
waters between 3 and 12 nautical miles from the U.S. coast. See 14
CFR. 91.1(b).
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The proposed SFAR addresses only one section of subpart A, Sec.
91.9. Paragraphs (a) and (b) of Sec. 91.9 specify the requirements for
complying with the operating limitations in an approved Airplane or
Rotorcraft Flight Manual, and requirements for maintaining the Airplane
or Rotorcraft Flight Manual in the aircraft, as appropriate to the
aircraft. The FAA proposes in Sec. 194.302(a) to apply the requirement
to comply with the operating limitations of the aircraft's approved
flight manual to powered-lift and to maintain the flight manual in the
powered-lift. The FAA expects such aircraft to have an Aircraft Flight
Manual approved through the airworthiness certification process, just
as with airplane and rotorcraft certification and intends for powered-
[[Page 39027]]
lift operators to comply with the manual requirements in this section,
as is the case for airplanes and rotorcraft. The FAA also proposes a
permanent amendment to Sec. 91.1(d) to change the term ``airplane'' to
``aircraft'' because these provisions apply to all aircraft.
2. Subpart B--Flight Rules
Subpart B prescribes the flight rules governing the operation of
aircraft within the U.S. and within 12 nautical miles from the coast of
the U.S. This subpart primarily imposes requirements on all
``aircraft,'' which, as mentioned previously, already apply to powered-
lift.
i. General
Section 91.103--Preflight action--contains the requirement for a
PIC to be familiar with all available information concerning that
flight. This information must include takeoff and landing distance data
as specified in an approved Airplane or Rotorcraft Flight Manual. The
FAA proposes that powered-lift with an Aircraft Flight Manual approved
through the aircraft certification process in part 21 comply with the
provisions in Sec. 91.103. The FAA has determined that the requirement
to be familiar with the takeoff and landing distance data in the
manual, as set forth in paragraph (b), would also be applicable to
powered-lift, as reflected in proposed Sec. 194.302(b). Powered-lift
are expected to takeoff and land similar to either an airplane or
rotorcraft, depending on flight mode, and the distances referenced in
this section would also be relevant for powered-lift operators to
familiarizes themselves with.
Section 91.107 describes the use of safety belts, shoulder
harnesses, and child restraint systems. Specifically, it requires that
each person onboard an aircraft operated under part 91 occupy an
approved seat or berth with a separate safety belt and, if installed,
shoulder harness properly secured about the person during movement on
the surface, takeoff, and landing. For seaplane and float-equipped
rotorcraft operations during movement on the surface, this section
excepts the person pushing off the seaplane or rotorcraft from a dock
and the person mooring the seaplane or rotorcraft at a dock from the
preceding seating and safety belt requirements.
In 1992, the FAA published a final rule \341\ revising Sec. 91.107
and acknowledged that it would be impossible to moor or launch a
seaplane or a float-equipped rotorcraft unless a pilot or passenger has
their safety belt or shoulder harness unfastened so that they can
vacate their seat for the purpose of launching or mooring the seaplane
or float equipped rotorcraft. The FAA proposes in Sec. 194.302(c) to
apply the same exception to powered-lift when the powered-lift is
operating like a seaplane or float-equipped rotorcraft. A pilot or
passenger would also have to push a powered-lift conducting operations
similar to a seaplane or float-equipped rotorcraft off a dock or moor a
powered-lift to a dock. Accordingly, the exception contained in Sec.
91.107(a)(3) would be appropriate to apply in such situations so that
those individuals can push-off or moor an aircraft without violating
the requirement to remain harnessed.
---------------------------------------------------------------------------
\341\ Miscellaneous Operational Amendments, 57 FR 42671 (Sep.
15, 1992).
---------------------------------------------------------------------------
Section 91.113 prescribes the rule for converging aircraft based on
category and type of operation (e.g., towing). Under Sec. 91.113(d),
when aircraft of the same category are converging at approximately the
same altitude (except head-on, or nearly so), the aircraft to the
other's right has the right-of-way. When the aircraft are of different
categories, Sec. 91.113(d)(1) through (3) establishes a hierarchy
giving priority to balloons, then gliders, followed by airships, and
then to airplanes and rotorcraft. An aircraft that is towing or
refueling other aircraft has right-of-way over all other engine-driven
aircraft. The FAA emphasized aircraft maneuverability when establishing
the right-of-way hierarchy for converging aircraft in Sec.
91.113(d)(1) through (3). The preamble for the original right-of-way
rule states ``an aircraft will give way to another of a different class
which is less maneuverable and is unable to take as effective action to
avoid collision.'' \342\
---------------------------------------------------------------------------
\342\ See 12 FR 5547 at 5548 (Aug. 16, 1947), Civil Aeronautics
Board Air Traffic Rule, note to Sec. 60.104, later codified at 14
CFR 91.113.
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The FAA proposes in Sec. 194.302(d) that powered-lift comply with
the airplane provisions in this paragraph and yield right-of-way as
prescribed in this section. For example, if a powered-lift is
converging with an airplane, the aircraft to the right would have the
right of way. The FAA proposes powered-lift, airplanes, and rotorcraft
should be grouped in the same right-of-way category. The proposed
approach is consistent with the FAA's historical prioritization of
maneuverability for right-of-way considerations, and with the original
purpose of the rule, which was to require more maneuverable aircraft
give way to less maneuverable aircraft.
Section 91.119 prescribes the minimum safe altitude (MSA) for
aircraft operations. This section establishes less restrictive minima
for helicopters, with helicopters being allowed to operate below the
minimum altitudes prescribed in Sec. 91.119(b) and (c) in certain
circumstances. The justification for allowing helicopters to operate
below minimum altitudes was based on helicopter performance capability.
In the preamble \343\ to the original MSA rule, the FAA stated that the
rule recognizes the helicopter special flight characteristics which can
accomplish an emergency landing within a relatively small space.
However, if a helicopter is flown over a congested area at less than
1,000 feet above the highest obstacle, the pilot is required to fly
with due regard to places where an emergency landing can be made safely
and to maintain an altitude along the flight path from which such an
emergency landing can be affected at any time.
---------------------------------------------------------------------------
\343\ Id.
---------------------------------------------------------------------------
Helicopter maneuverability and autorotation capability after an
engine failure were key factors in the FAA's decision to allow
helicopter operations below MSA. Likewise, the FAA considered, for
purposes of this proposal, whether powered-lift with helicopter
characteristics should also be allowed to conduct operations below MSA.
Some powered-lift may not have autorotation capability, while other
powered-lift may lose significant altitude while transitioning the
aircraft rotors to a vertical position suitable for autorotation. The
transition of a powered-lift from forward flight to vertical flight
would not be instantaneous, requiring additional time, distance, and
altitude that is unique from helicopters. Although some powered-lift
may be capable of performing an emergency autorotation into a more
confined space, the FAA anticipates that additional altitude would
increase the chances of a successful outcome without undue hazard to
persons or property on the surface. Accordingly, the FAA is not
proposing to apply the helicopter minimum altitude requirements of
Sec. 91.119 to powered-lift. The FAA anticipates learning more about
powered-lift operational capabilities and commonalities during the term
of the proposed SFAR.
Section 91.126(b) describes directions of turns when approaching to
land at an airport without an operating control tower in Class G
airspace. The FAA anticipates that some powered-lift will
[[Page 39028]]
transition much like a helicopter, from forward flight (wing-borne
flight mode) to vertical flight (vertical-lift flight mode) upon
entering the traffic pattern to land.\344\ The FAA proposes in Sec.
194.302(e) to apply the airplane provisions detailed in Sec.
91.126(b)(1) when the operator of the powered-lift intends to land in
wing-borne flight mode, which is how an airplane lands. The FAA
proposes in Sec. 194.303(b) to apply the helicopter provisions
detailed in Sec. 91.126(b)(2) to powered-lift when the powered-lift
intends to land in vertical-flight mode. This proposal would provide
the flexibility for powered-lift operators capable of landing in
vertical-flight mode to approach to land at most helicopter pads while
avoiding the flow of fixed-wing aircraft. This application of the rule
gives flexibility to the novel capabilities of powered-lift while
maintaining an appropriate level of operational safety by using the
standard traffic pattern flow at airports without operating control
towers.
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\344\ When approaching to land at an airport without an
operating control tower in Class G airspace. 14 CFR 91.126(b).
---------------------------------------------------------------------------
Section 91.126(c) outlines the final flap settings required for
turbojet-powered airplanes as outlined in the Airplane Flight Manual.
Specifically, it requires the PIC of a civil turbojet-powered aircraft
to use, as a final flap setting, the minimum certificated landing flap
setting set forth in the approved performance information in the
Airplane Flight Manual for the applicable conditions. Paragraph (c)
uses the term turbojet-powered aircraft; however, the history of this
rule indicates it was intended for turbojet-powered airplanes
only.\345\ Furthermore, the FAA is not aware of any turbojet-powered
powered-lift currently in the certification process, nor are any
anticipated during the term of this SFAR. The FAA understands that some
powered-lift utilize automatic flap settings. Requiring a powered-lift
to transition out of its automatic settings creates opportunities for
error which could inhibit a safe landing. To ensure that powered-lift
can land safely at airports in Class G airspace, the FAA does not
propose to apply this paragraph to powered-lift.
---------------------------------------------------------------------------
\345\ In a 1989 proposed rulemaking updating airspace
classifications, the FAA inadvertently included reference to
``aircraft'' in the first sentence of paragraph (c) (then, Sec.
91.85(b)), but the remainder of the paragraph refers to
``airplane''. See Airspace Reclassification, NPRM, 54 FR 42916,
42929 (Oct. 18, 1989).
---------------------------------------------------------------------------
Section 91.129 provides requirements for operations in Class D
airspace. The provisions of Sec. 91.129(a) through (d), (g)(1), and
(i) refer to aircraft, and accordingly are already applicable to
powered-lift. However, paragraphs (e)(1) and (2) require minimum
altitudes when operating to an airport in Class D airspace in large or
turbine-powered airplanes. Under the existing rule of paragraph (e)(1),
unless required by the applicable distance-from-cloud criteria, each
pilot operating a large or turbine-powered airplane must enter the
traffic pattern at an altitude of at least 1,500 feet above the
elevation of the airport and maintain at least 1,500 feet until further
descent is required for a safe landing. For paragraph (e)(2), a pilot
operating a large or turbine-powered airplane approaching to land on a
runway served by an instrument approach procedure with vertical
guidance, if the airplane is so equipped, must operate that airplane at
an altitude at or above the glide path between the published final
approach fix and the decision altitude (DA), or decision height (DH),
as applicable; or if compliance with the applicable distance-from-cloud
criteria requires glide path interception closer in, operate that
airplane at or above the glide path, between the point of interception
of glide path and the DA or the DH. The FAA promulgated these
particular requirements to address noise abatement concerns related to
large and turbine-powered airplanes.\346\ In order to remain consistent
with this established agency policy for powered-lift operations that
are likely to result in similar noise due to size and powerplant, the
FAA proposes in Sec. 194.302(f) that large \347\ or turbine-powered
powered-lift comply with paragraphs (e)(1) and (2). The FAA anticipates
that for large and turbine-powered powered-lift, compliance with these
requirements will be necessary for adequate noise abatement within
Class D airspace.
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\346\ Noise Abatement Rules, 32 FR 15422 (Nov. 4, 1967), Noise
Abatement Rules, 32 FR 5559 (Apr. 5, 1967).
\347\ Large aircraft are defined in Sec. 1.1 as weighing more
than 12,500 pounds, maximum certificated takeoff weight.
---------------------------------------------------------------------------
For paragraph (e)(3), a pilot operating an airplane approaching to
land on a runway served by a visual approach slope indicator (VASI)
must operate that airplane at an altitude at or above the glide path
until a lower altitude is necessary for a safe landing. The requirement
for all airplanes to remain at or above the glide path provides an
additional measure of safety such as obstacle clearance to airplanes
during their approach. The FAA proposes in Sec. 194.302(g) that
powered-lift intending to land in wing-borne flight mode comply with
this provision of paragraph (e)(3) to ensure adequate obstacle
clearance is maintained during the approach. For those powered-lift
intending to land in the vertical mode, the FAA anticipates they will
be flying more slowly than when in wing-borne flight mode and able to
maneuver similar to a helicopter and accordingly, compliance with this
provision would not be required.
Section 91.129(f) imposes requirements for approaches except when
conducting circling approaches under part 97 for airplanes and
helicopters. The FAA anticipates that powered-lift will often
transition from forward flight (wing-borne flight mode) to vertical
flight (vertical-lift flight mode) upon entering the traffic pattern to
land much like a traditional helicopter. The FAA proposes in Sec.
194.302(h) that powered-lift comply with the airplane rule in Sec.
91.129(f)(1) when the powered-lift is intending to land in wing-borne
flight mode. When the operator of the powered-lift intends to land in
vertical-flight mode, the powered-lift shall comply with the helicopter
provisions detailed in Sec. 91.129(f)(2). This application of the rule
gives flexibility to the novel capabilities of powered-lift while
maintaining operational safety by using the standard traffic pattern
flow at airports. The requirements of Sec. 91.129(f)(1) and (2) do not
apply to powered-lift conducting a circling approach under part 97
because a circling approach may have specific procedures established or
turns may be requested by ATC to ensure safety in the traffic pattern.
Section 91.129(g)(2) requires that, unless otherwise required by
the prescribed departure procedure for that airport or the applicable
distance from clouds criteria, each pilot of a turbine-powered airplane
and each pilot of a large airplane must climb to an altitude of 1,500
feet above the surface as rapidly as practicable. The FAA proposes in
Sec. 194.302(f) that large or turbine-powered powered-lift also comply
with this requirement, to ensure that powered-lift will be operated at
an equivalent level of safety to existing large or turbine-powered
airplanes. This requirement will also provide adequate terrain
clearance and improved noise abatement for these powered-lift and is
consistent with previous rulemakings that established the 1,500 feet
altitude requirement for noise abatement purposes.\348\
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\348\ Noise Abatement Rules, 32 FR 15417, 15422 (Nov. 4, 1967).
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[[Page 39029]]
For runway usage requirements, the FAA proposes in Sec. 194.302(f)
that large or turbine-powered powered-lift comply with Sec. 91.129(h),
which states that where a formal runway use program has been
established by the FAA, each pilot of a large or turbine-powered
airplane assigned a noise abatement runway by ATC must use that runway.
However, consistent with the final authority of the PIC concerning the
safe operation of the aircraft as prescribed in Sec. 91.3(a), ATC may
assign a different runway if requested by the pilot in the interest of
safety. This requirement is consistent with previously established FAA
policy regarding noise abatement and operational safety,\349\ and the
FAA considers this requirement to be appropriate for powered-lift
operations to ensure adequate noise abatement.
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\349\ Airspace Reclassification, 54 FR 42916 (Oct. 18, 1989).
---------------------------------------------------------------------------
Section 91.131 contains rules governing operations in Class B
airspace. Paragraph (a)(2) of this section requires that each person
operating a large turbine-engine powered airplane to or from a primary
airport for which Class B airspace area is designated must operate at
or above the designated floor of the Class B airspace while within the
lateral limits of that area.
The FAA proposes in Sec. 194.302(i) that Sec. 91.131(a)(2) apply
to large powered-lift regardless of powerplant type. When operating to
or from a primary airport within Class B airspace, the FAA expects the
performance characteristics of a large powered-lift to be similar to a
large turbine-engine powered airplane. Compliance with Sec.
91.131(a)(2) will ensure the safe and efficient flow of air traffic
within this high-traffic airspace and ensure that large powered-lift
remain deconflicted from smaller aircraft that may be operating under
the Class B airspace and not receiving air traffic services. Finally,
the proposed approach is the most conservative application of this rule
and is consistent with FAA initiatives to effectively manage and
segregate high-performance aircraft from other air traffic.\350\
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\350\ See Transponder with Automatic Altitude Reporting
Capability Requirement, 53 FR 23356, 23363 (June 21, 1988).
Discussion of FAA's ``Keep 'em High Program'' as an effective method
for segregating high-performance aircraft from other traffic.
---------------------------------------------------------------------------
ii. Visual Flight Rules
Section 91.151 prescribes fuel requirements for flight in VFR
conditions. The regulation requires airplanes to carry a 30-minute fuel
reserve for daytime operations, and a 45-minute fuel reserve for
nighttime operations. In contrast, rotorcraft only require a 20-minute
fuel reserve regardless of whether the operation occurs during the day
or night. The FAA expanded the fuel reserve requirements in the 1970s
following an increase in fuel exhaustion accidents in VFR
operations.\351\ The stated goal was to prevent future fuel exhaustion
accidents. The FAA also noted that the airplane fuel reserve
requirements were necessary for night VFR due to the distance between
adequately lit airports. For powered-lift, the FAA proposes in Sec.
194.302(j), that powered-lift comply with the airplane reserve
requirements in Sec. 91.151(a) because the FAA lacks powered-lift
operational data to support use of the less restrictive rotorcraft fuel
reserve. This approach is consistent with the FAA's overall approach
throughout this proposed SFAR, until such time as the FAA has
information to validate a less conservative approach.
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\351\ General Operating and Flight Rules and Related
Airworthiness Standards and Crewmember Training, 43 FR 46230, 46231
(Oct. 5, 1978).
---------------------------------------------------------------------------
The FAA is aware that the use of the term ``fuel'' rather than the
term ``energy'' could lead individuals to reach the conclusion that
this term excludes electric propulsion systems. In a prior rulemaking,
the FAA stated it did not intend to preclude the certification of
electric propulsion systems or other non-fossil-fuel-based propulsion
systems, such as provided by carbon-based fuels or electrical
potential, and the FAA maintains that position in this SFAR.\352\ The
term ``fuel systems'' also includes a means of storage for the
electrical energy provided (e.g., batteries that provide energy to an
electric motor) or devices that generate energy for propulsion (e.g.,
solar panels or fuel cells).\353\
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\352\ See Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes, 81 FR 96640-
96641 (Dec. 30, 2016).
\353\ For example, Sec. 91.205(b)(9), which refers to a
``[f]uel gauge indicating the quantity of fuel in each tank.'' In
instances such as this, the electric battery that stores the energy
would be equivalent to the fuel tank.
---------------------------------------------------------------------------
Sections 91.155 and 91.157 prescribe basic VFR and special VFR
weather requirements. Under these rules, helicopter operations are
permitted at lower weather minima than other aircraft because
helicopters operate at lower altitudes and slower airspeeds. In a 1963
rulemaking, the FAA provided different weather minima for helicopters
than for airplanes and explained that when a helicopter is below 1,200
feet above the surface at a speed that allows the pilot adequate
opportunity to see any air traffic or other obstruction in time to
avoid a collision, those circumstances form an adequate basis to impose
a lower visibility minimum.\354\
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\354\ Air Traffic and General Operating Rules; Definitions and
Abbreviations, 28 FR 6704 (Jun. 29, 1963).
---------------------------------------------------------------------------
When explaining the intent of Sec. 91.155, the FAA stated that a
helicopter pilot need only remain clear of clouds, regardless of flight
visibility, because ``[h]elicopters have the ability to operate at
lower speeds and with a significantly higher degree of maneuverability
than airplanes. These qualities allow a helicopter to be operated at
lower visibility and cloud clearance distances while maintaining the
same degree of safety as fixed-wing aircraft flying under more
restrictive minima.'' \355\
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\355\ Inapplicability of Basic VFR Weather Minimums for
Helicopter Operations, 56 FR 48088 (Sep. 23, 1991).
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While powered-lift possess some helicopter performance
characteristics, these characteristics vary widely across the range of
powered-lift and are typically related to the takeoff and landing
portions of the flight. During cruise operations, powered-lift perform
similar to an airplane, operating at high speeds and possibly without
the ability to maneuver as quickly as a helicopter to avoid a collision
with other traffic or obstacles. Therefore, based on the forgoing, this
SFAR proposes in Sec. 194.302(k) that powered-lift operating in Class
G airspace comply with the same weather minima prescribed in Sec.
91.155(b)(2) for airplanes in such airspace because the airplane-
specific requirements in this section provide the appropriate level of
risk mitigation for powered-lift operations. Weather minima generic to
all aircraft in this section also continue to apply to powered-lift.
Section 91.157 provides the conditions under which special VFR
weather minima may be conducted. The majority of this section applies
to all aircraft except for paragraphs (b)(3) and (4) which are specific
to helicopters. For the reasons described in the previous paragraphs,
this SFAR will not incorporate these helicopter exceptions for powered-
lift. The FAA proposes to continue to require powered-lift to comply
with the requirements applicable to all aircraft in this section.
iii. Instrument Flight Rules
Section 91.167 prescribes the fuel requirements for flight in IFR
conditions. Under this rule, helicopter operations are permitted with
lower fuel minima. Section 91.167 requires aircraft to carry a 45-
minute fuel reserve and helicopters to carry a 30-minute fuel reserve.
The FAA has determined that
[[Page 39030]]
powered-lift should initially have a 45-minute fuel reserve, consistent
with aircraft requirements. The 30-minute fuel reserve requirement for
helicopters was initially granted under SFAR No. 29.\356\ Operations
under SFAR No. 29 gave the FAA insight to make a safety and risk
analysis enabling SFAR No. 29 to be codified in Sec. Sec. 91.167 and
135.223. The final rule language for Sec. 91.167(a)(3), and similarly
for Sec. 135.223, noted that the FAA had gained sufficient experience
with operations conducted under SFAR No. 29 to justify a reduction for
minimum fuel reserve requirements for helicopters.\357\ At this time,
the FAA does not have sufficient experience to reduce minima for
powered-lift fuel requirements. Accordingly, consistent with the
previous approach the FAA took to evaluate and ultimately to lessen
minima for helicopters, the FAA will retain the 45-minute fuel reserve
requirement applicable to all aircraft for powered-lift while the FAA
obtains data during the term of this SFAR. The FAA may reevaluate the
45-minute fuel reserve requirement once it has sufficient data to do
so.
---------------------------------------------------------------------------
\356\ The FAA promulgated SFAR No. 29 in 1975 to allow the
Administrator to issue approvals for rotorcraft IFR operations on an
interim basis pending the conclusion of a study to determine whether
the FAA should establish a ``limited'' IFR category for these
rotorcraft, including flight characteristics and equipment
requirements, operating procedures and limitations, flight crew
requirements, and training requirements. See FAA Study of Limited
IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975).
\357\ Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40695 (Nov. 7, 1986).
---------------------------------------------------------------------------
Under Sec. 91.167, for operations in weather conditions that
require an alternate airport to be identified, no person may operate in
IFR flight unless the aircraft has adequate fuel to fly to the first
airport of intended landing and to the alternate airport and still have
a 45-minute fuel reserve. In accordance with Sec. 91.167(b)(2)(i) for
aircraft other than helicopters, when the appropriate weather reports
indicate that at least 1 hour before and for 1 hour after the estimated
time of arrival, the ceiling will be at least 2,000 feet above the
airport elevation and the visibility will be at least 3 statute miles,
the fuel reserve necessary to fly to the alternate airport is not
required. As explained previously, the FAA does not currently have the
operational experience with powered-lift fuel reserves to allow them to
utilize the helicopter minima in this section. As a result, the FAA
does not propose changes to the current applicability of Sec.
91.167(b)(2)(i), which requires that powered-lift comply with the
requirements imposed on aircraft other than helicopters, to ensure an
appropriate level of risk mitigation for these new entrant aircraft.
Section 91.169 prescribes the information required for filing an
IFR flight plan. Under this rule, helicopter operations are permitted
to use lower weather minima before an alternate must be filed because
helicopters operate at lower altitudes and slower airspeeds. The final
rule language for Sec. 91.169 recognizes the differences in operating
characteristics between rotorcraft and airplanes.\358\ Rotorcraft fly
shorter distances at slower airspeeds than most other aircraft, carry
less fuel than an airplane, and generally remain in the air for shorter
periods of time between landings. As a result, once a rotorcraft is in
a weather system, it is often more difficult for the rotorcraft to fly
out of that system to an alternate destination because the rotorcraft
has less range capability than an airplane. However, the FAA
anticipates powered-lift will generally fly at higher speeds than many
rotorcraft and have the ability to maneuver out of a weather system to
an alternate destination. The FAA will continue to require powered-lift
to comply with the provisions of Sec. 91.169(b)(2)(i) and (c)(1)(i) as
written for aircraft other than helicopters and will plan to evaluate
this determination during the term of this SFAR.
---------------------------------------------------------------------------
\358\ Flight Plan Requirements for Helicopter Operations Under
Instrument Flight Rules, 65 FR 3546 (Jan. 21, 2000).
---------------------------------------------------------------------------
Section 91.175 governs takeoff and landing under IFR. Section
91.175(f)(2)(i) and (ii) applies to powered-lift as written because
those paragraphs are applicable to all aircraft. At this time, the FAA
does not have sufficient experience with powered-lift to allow takeoff
operations at the lower weather minima prescribed for helicopters. The
FAA considers this approach to be consistent with previous rulemakings
where, at initial inception, helicopter operational requirements
aligned with airplane operational requirements until sufficient data
were available.\359\
---------------------------------------------------------------------------
\359\ For example, Sec. Sec. 91.119 (Minimum safe altitudes:
General) and 91.151 (Fuel requirements for flight in VFR conditions)
both had requirements identical to airplanes at initial inception
which were subsequently relaxed following helicopter operational
experience.
---------------------------------------------------------------------------
Section 91.175(f)(4)(i) requires airplanes operating under part 121
or 135 to comply with the takeoff obstacle clearance or avoidance
procedures contained in subpart I of part 121 or subpart I of part 135,
as applicable, for IFR takeoffs. Accordingly, the FAA proposes in Sec.
194.302(l) that any powered-lift that would be required to comply with
the provisions of subpart I of part 135, as proposed in section VI.D of
this preamble, must also comply with the provisions of this paragraph.
3. Subparts C and D--Equipment, Instrument, and Certificate
Requirements and Special Flight Operations
Subpart C prescribes the equipment, instrument, and certificate
requirements for aircraft. As previously described, powered-lift are
already required to comply with provisions applicable to aircraft. The
airplane regulations the FAA proposes to apply to powered-lift in this
subpart impose certain equipment requirements that the FAA has
determined are necessary to provide an adequate level of safety for
powered-lift operations.
Section 91.205 states that no person may operate a powered civil
aircraft with a standard category U.S. airworthiness certificate in VFR
day or night, IFR, at or above 24,000 feet, in Category II or III
operations, or in night vision goggle operations, unless the aircraft
contains instruments and equipment specified in this section (or FAA-
approved equivalents). Section 91.205(a) references aircraft, but there
are also airplane-specific provisions set forth in Sec. 91.205(b)(11)
and (14).\360\
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\360\ As noted earlier in the fuel requirements section, Sec.
91.205(b)(9) references a ``[f]uel gauge indicating the quantity of
fuel in each tank.'' Because the FAA considers ``fuel'' to include
any form of energy used by an engine or powerplant installation,
including via electrical potential, the electric battery that stores
the energy would be equivalent to the fuel tank under Sec.
91.205(b)(9).
---------------------------------------------------------------------------
Section 91.205(b)(11) requires that small civil airplanes
certificated after March 11, 1996, in accordance with part 23, have
installed an aviation red or aviation white anticollision light system.
The requirement to have an anticollision light system is necessary in
order to provide sufficient time for other aircraft to avoid a
collision. This requirement invokes the latest airworthiness
requirements for all airplanes regardless of type certification date.
For powered-lift that meet the definition of small aircraft in Sec.
1.1, the FAA proposes in Sec. 194.302(m) that the position and anti-
collision lights meet the requirement set forth in Sec. 23.2530(b),
which states that any position and anti-collision lights, if required
by part 91, would be required to have the intensities, flash rate,
colors, fields of coverage, and other characteristics to provide
sufficient time for another aircraft to avoid a collision. The FAA
proposes that this requirement apply to small powered-lift to provide
[[Page 39031]]
an equivalent level of safety to that of small airplanes, and to ensure
that those powered-lift have an adequate anticollision lighting system
that provides sufficient time for another aircraft to avoid a
collision.
Paragraph (b)(14) in Sec. 91.205 requires that small civil
airplanes certificated after December 12, 1986, have an installed and
approved shoulder harness or restraint system for all seats. The FAA
proposes in Sec. 194.302(m) that small powered-lift also require the
installation of an approved shoulder harness or restraint system for
all seats, also to provide an equivalent level of safety to small
airplanes. The FAA is also proposing that large powered-lift be
required to be equipped with shoulder harnesses in accordance with
Sec. 91.521, as discussed further in VI.B of this preamble.
Paragraph (d) of Sec. 91.205 prescribes instruments and equipment
requirements for IFR flight. Under Sec. 91.205(d)(3), an aircraft must
have installed a gyroscopic rate-of-turn indicator unless the aircraft
is equipped with a third attitude instrument system installed as
provided in Sec. 121.305(j). For airplanes, the third attitude
instrument system installed must be usable through flight attitudes of
360 degrees of pitch and roll. For rotorcraft, the third attitude
instrument system installed must be usable through flight attitudes of
80 degrees of pitch and 120 degrees of roll.
The FAA anticipates that some powered-lift may be capable of exceeding
80 degrees of pitch and/or 120 degrees of roll. Therefore, the FAA
proposes in Sec. 194.302(n) that all powered-lift approved for IFR
during type certification \361\ would be required to comply with the
airplane provisions in Sec. 91.205(d)(3)(i) for IFR flight, which
require the installation of either a gyroscopic rate-of-turn indicator
or a third attitude instrument system usable through flight attitudes
of 360 degrees of pitch and roll. The FAA considers the airplane rule
to be appropriate for powered-lift to ensure that the powered-lift are
equipped to recover from any inadvertent flight attitude encountered.
---------------------------------------------------------------------------
\361\ The FAA acknowledges that most powered-lift initial type
certification projects are for VFR approval. However, the FAA
anticipates that powered-lift operators will seek IFR approval in
the future.
---------------------------------------------------------------------------
Section 91.207 requires an emergency locator transmitter (ELT) for
airplane operations. An ELT is used to facilitate search and rescue
efforts in locating downed aircraft. The ability to locate powered-lift
in the event of a crash is essential for reaching survivors as quickly
as possible and potentially saving lives. The FAA considers this to be
a necessary requirement for powered-lift, particularly as a new entrant
aircraft with no civil operational history. Accordingly, the FAA
proposes applying Sec. 91.207 to powered-lift in Sec. 194.302(o).
Section 91.213 provides limitations on operations with inoperative
instruments and equipment as well as relief for operations with
inoperative instruments and equipment for aircraft with and without an
approved Minimum Equipment List (MEL). Section 91.213(d) provides
specific relief for an aircraft without an approved Minimum Equipment
List (MEL). The FAA evaluated whether to propose that powered-lift be
allowed to operate without an approved MEL; however, the complexity of
the new technology coupled with the lack of operational data supports
the application of a conservative MEL approach. Accordingly, the FAA
does not propose to apply the provisions set forth in Sec. 91.213(d)
to powered-lift.
Section 91.215 describes ATC transponder and altitude reporting
equipment and use. Section 91.215(b) states that no person may operate
an aircraft in the airspace described in paragraphs (b)(1) through (5)
of this section unless that aircraft is equipped with an operable coded
radar beacon transponder. The FAA anticipates that all new entrant
powered-lift will have a substantial electrical system; however, it may
be powered from batteries and not an engine-driven system. The FAA
notes that Sec. 91.215(b)(3) and (5) allow aircraft to operate without
a transponder if they were certificated without an engine-driven
electrical system. The FAA acknowledges that some powered-lift may be
certificated without engine-driven electrical systems but does not
consider it appropriate to provide relief to new entrant powered-lift
because transponders provide critical information, such as aircraft
position, speed, and altitude to ATC for aircraft separation.
Therefore, the FAA proposes in Sec. 194.305 that all powered-lift be
equipped with an operable coded radar beacon transponder as required in
Sec. 91.215(b)(1), (2), and (4).
Section 91.219 prohibits the operation of a turbojet-powered U.S.-
registered civil airplane unless that airplane is equipped with an
approved altitude alerting system or device. This rule was adopted by
the FAA in 2007, allowing flexibility in accommodating technological
advances.\362\ In a performance-based NAS, operational flexibility
depends upon many factors including the performance capability of the
aircraft, communication and navigation equipment, the availability of
the communication and navigation facilities along the route to be
flown, and the performance capabilities of those (communication and
navigation) facilities that are made available for use by air traffic
management service providers. Turbojet-powered airplanes operate within
reduced vertical-separation minimum (RVSM) airspace, often within
congested airspace, and in close proximity to other fast-moving
aircraft. As a new entrant aircraft, the FAA considers it essential
that powered-lift operations are conducted in a manner that capitalizes
on existing technological capabilities that improve safety and
facilitate collision avoidance in the NAS. The FAA previously
determined that an altitude alerting system or device is necessary for
turbojet-powered civil airplanes because lack of altitude awareness is
accentuated by the high rates of climb and descent.\363\ The FAA
anticipates that this reasoning also applies to all powered-lift
because of their high-performance capabilities, regardless of
powerplant type. Accordingly, this SFAR proposes in Sec. 194.302(p)
that all powered-lift comply with the altitude alerting requirements
under Sec. 91.219.
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\362\ Area Navigation (RNAV) and Miscellaneous Amendments, 72 FR
31661 (Jun. 7, 2007).
\363\ Turbojet Powered Civil Airplanes, 32 FR 19191 (Dec. 20,
1967).
---------------------------------------------------------------------------
Section 91.223 prohibits the operation of a turbine-powered U.S.-
registered airplane configured with six or more passenger seats,
excluding any pilot seat, unless that airplane is equipped with an
approved terrain awareness and warning system (TAWS). TAWS provides
turbine-powered airplanes operating at or near maximum prescribed
speeds in close proximity to the ground with early warning of threats
from terrain. This early warning allows pilots to react by reducing the
time required to perceive these threats.
Powered-lift have the ability to operate similarly to both
airplanes and helicopters, so, individually, the current TAWS and HTAWS
are not a perfect solution for powered-lift due to each equipment's
capabilities and limitations. The FAA considered both TAWS and HTAWS
and determined that the current HTAWS specification would provide the
best level of safety because HTAWS has a different alerting envelope
than TAWS and is designed for low altitude operations, thereby reducing
the risk of nuisance alerts.\364\ Although there is no specification
yet
[[Page 39032]]
developed that incorporates the features of both TAWS and HTAWS in a
single unit, the FAA is proposing to allow a hybrid system in a
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical flight modes of operation for
compliance with Sec. 91.223. Without a TAWS A/HTAWS hybrid system, the
FAA considers the current HTAWS specification would provide the best
level of safety without an undue number of nuisance warnings. The FAA
proposes in Sec. 194.302(q) that all powered-lift--regardless of
powerplant type--with 6 or more seats be equipped with an HTAWS system
that meets the Technical Standard Order (TSO) C194 or an FAA-approved
TAWS A/HTAWS hybrid system.
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\364\ For further discussion on TAWS nuisance alerts, see
section VI.D of this preamble discussing Sec. 135.154.
---------------------------------------------------------------------------
In addition, the FAA proposes in Sec. 194.302(q) that powered-lift
comply with Sec. 91.223(c), which imposes a requirement for a manual
containing appropriate procedures on the use of terrain awareness
equipment and the proper flight crew reactions in response to a TAWS
activation. Because the FAA is proposing to apply Sec. 91.223, but
with HTAWS or a hybrid Class A/HTAWS system, the FAA proposes applying
paragraph (c) to powered-lift, thereby requiring their Aircraft Flight
Manual to contain the appropriate HTAWS or hybrid system procedures.
This will ensure powered-lift equipped with HTAWS or a FAA approved
TAWS A/HTAWS hybrid system are operated at a level of safety that a
terrain awareness system currently provides for airplanes. Finally, the
FAA notes that the exceptions in Sec. 91.223(d) for certain
parachuting operations, firefighting, and aerial application of
chemicals and other substances also apply to powered-lift.\365\
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\365\ Terrain Awareness and Warning System; Final Rule, 65 FR
16735 (Mar. 29, 2000).
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Section 91.313 prescribes operating limitations for restricted
category civil aircraft. Paragraphs (a) through (e) apply to powered-
lift because they apply to all restricted category aircraft. Section
91.313(f) is not applicable to powered-lift because powered-lift are
not currently authorized to conduct operations under part 133. Section
91.313(g) requires small restricted-category airplanes to be equipped
with a shoulder harness or restraint system for each front seat. For
the same reasons as discussed regarding applicability of Sec.
91.205(b)(14), the FAA proposes in Sec. 194.302(r) that restricted
category small powered-lift require the installation of an approved
shoulder harness or restraint system for all seats to provide an
adequate level of safety for powered-lift operations.
4. Subpart E--Maintenance, Preventive Maintenance, and Alterations
Subpart E prescribes rules governing the maintenance, preventive
maintenance, and alterations of U.S.-registered civil aircraft
operating within or outside the U.S. The majority of provisions in
Subpart E already apply to powered-lift as they apply to aircraft
generally (i.e., Sec. Sec. 91.401, 91.403, 91.405, 91.407, 91.413,
91.415, 91.417, 91.419 and 91.421).
Section 91.409 prescribes inspection programs to ensure that the
aircraft is airworthy. The term and regulations for the issuance of a
standard airworthiness certificate describe two conditions that must be
met for the aircraft to be considered airworthy. The first condition is
that the aircraft must conform to its type design or properly altered
condition. Conformity to an aircraft's type design is considered
attained when the aircraft configuration and the components installed
are consistent with the drawings, specifications, and other data that
are part of the Type Certificate Data Sheet (TCDS). The second
condition is the aircraft must be in a condition for safe operation--
this refers to the state and condition of the aircraft. Paragraphs (a),
(b), and (d) of Sec. 91.409 require an annual, 100-hour or progressive
inspection and are applicable to all aircraft except those that fall
under the exceptions provided in paragraph (c). Paragraphs (e) through
(h) of Sec. 91.409 set forth inspection requirements for more larger
aircraft and aircraft with more complex aircraft systems which are more
stringent than those provided under paragraphs (a), (b), and (d).
Aircraft described in paragraph (e) may only fly when all the systems
work in tandem and do not fly if the systems work independently of each
other.
Because paragraphs (e) through (h) apply to more complex aircraft,
the FAA proposes in Sec. 194.302(s) that these paragraphs apply to
technically advanced powered-lift (TAPL), which the FAA proposes to
define in this SFAR for purposes of compliance with Sec. 91.409 as a
powered-lift that is equipped with an electronically advanced system in
which the pilot interfaces with a multi-computer system with increasing
levels of automation in order to aviate, navigate, or communicate, only
for purposes of compliance with this section.
A powered-lift that is considered a TAPL would be equipped with an
electronically advanced multi-computer system that includes one or more
of the following installed components: (1) an electronic Primary Flight
Display (PFD) that includes, at a minimum, an airspeed indicator, turn
coordinator, attitude indicator, heading indicator, altimeter, and
vertical speed indicator; (2) an electronic Multifunction Display (MFD)
that includes, at a minimum, a moving map using Global Positioning
System (GPS) navigation with the aircraft position displayed; (3) a
multi-axis autopilot integrated with the navigation and heading
guidance system; and (4) an advanced fly-by-wire-flight control system
that utilizes electronically operated controls with no direct
mechanical link from the pilot to the control surfaces. The display
elements described in (1) and (2) must be continuously visible to
ensure that the essential aircraft information is displayed and
available to the pilot during all phases of flight.\366\ The PFD is a
display that provides increased situational awareness to the pilot by
replacing the traditional six instruments used for instrument flight
with an easy-to-scan single display that provides the horizon,
airspeed, altitude, vertical speed, trend, trim, and rate of turn among
other key relevant indications. In addition, the PFD is designed
specific to controlling the TAPL attitude and altitude relative to the
horizon and the surface of the earth, especially when outside
visibility is poor or unavailable. The MFD is a display that provides
information to the pilot in numerous configurable methods. Often, an
MFD will be used in concert with a PFD. The MFD has a different
priority; its function is secondary to the PFD. The MFD will have an
integrated multi-axis autopilot, navigation, and position awareness
information, even though it may include some PFD features for
redundancy. The FAA proposes requiring certain minimum display elements
for both a PFD and MFD, clarifying what will be considered a PFD or
MFD.
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\366\ An example of an electronically advanced system includes
an integrated flight control and navigation system.
---------------------------------------------------------------------------
The FAA proposes that the described characteristics define TAPL
because they will allow the FAA to distinguish between complex and less
complex powered-lift and thereby determine which inspection program
applies. The FAA will determine whether the powered-lift meets the
requirements of a TAPL and it will be indicated in the operator's
inspection program documents. Powered-lift that are not considered
technically advanced under the definition used for compliance with
Sec. 91.409 within this SFAR must
[[Page 39033]]
continue to comply with paragraphs (a), (b), and (d) because those
provisions apply to ``aircraft''.
Section 91.411 prescribes the requirements for altimeter system and
altitude reporting equipment tests and inspections. The regulation
describes the inspection, authorized personnel, and standard for
altimeter system equipment used in an airplane or helicopter operation
in controlled airspace under IFR. Specifically, paragraph (a) prohibits
a person from operating an airplane or helicopter in controlled
airspace under IFR unless the static pressure system, altimeter
instrument, and automatic pressure altitude reporting system have been
tested, inspected, and found to comply with specific requirements
outlined in appendices E and F to Part 43.\367\ Paragraph (b) specifies
that the testing conducted pursuant to paragraph (a) must be conducted
by the manufacturer of the aircraft, a certificated repair station
properly equipped to perform the testing, or a certificated mechanic
with an airframe rating. Paragraph (c) states that altimeter and
altitude reporting equipment approved under TSOs are considered to be
tested and inspected as of the date of manufacture. Finally, paragraph
(d) prohibits any person from operating an airplane or helicopter in
controlled airspace under IFR above the maximum altitude at which all
altimeters and the automatic altitude reporting system of that aircraft
have been tested.
---------------------------------------------------------------------------
\367\ Appendix E outlines requirements for testing and
inspecting the altimeter system, and appendix F outlines the
requirements for testing and inspecting ATC transponders.
---------------------------------------------------------------------------
Currently, this section is silent on powered-lift; however, the FAA
proposes in Sec. 194.302(t) to apply this regulation to powered-lift
because it currently applies to both airplanes and helicopters, without
differentiation. Powered-lift are new entrant aircraft, and as a
result, the FAA does not have sufficient information regarding the
operations of all the different powered-lift in development to
determine that Sec. 91.411 should not apply, especially considering
its current applicability to both airplanes and helicopters. Proposed
application of this regulation ensures a minimum level of safety for
operations and maintenance of powered-lift. Properly maintaining,
testing, and inspecting powered-lift is vital to the safe operation of
these aircraft.
5. Subpart F--Large and Turbine-Powered Multiengine Airplanes and
Fractional Ownership Program Aircraft
Subpart F governs the operation of U.S.-registered large airplanes,
U.S.-registered turbojet-powered multiengine civil airplanes, and U.S.-
registered fractional ownership program aircraft operating under
subpart K and not involved in common carriage. While technically
subpart F currently applies to all powered-lift that would be used in a
fractional ownership program, the FAA has determined that it should
also propose to apply subpart F to large powered-lift regardless of
powerplant type because other types of engines may be developed and
installed on powered-lift that are not necessarily internal combustion
engines. The FAA further notes that certain powerplants such as
electric engines may have equal or better performance in comparison to
internal combustion engines and may be used on powered-lift, which
could have higher performance capabilities and should be captured by
subpart F regardless of their propulsion type.
The FAA anticipates that U.S.-registered large powered-lift will
operate like large airplanes with respect to altitude, speed, passenger
carrying capacity, passenger safety, composition of flightcrew,
operating environment (e.g., over water), and required safety and
rescue equipment. To meet the higher level of airworthiness and
operational standards and to enhance safety, the FAA proposes in Sec.
194.302(u) to capture large powered-lift in the applicability section
of Sec. 91.501, regardless of powerplant type, system of aircraft
ownership, or ownership interest. Because all powered-lift are
multiengine,\368\ the FAA does not propose to apply subpart F to
``multiengine powered-lift'', as that would be overly inclusive and
impose the subpart F regulatory requirements on all powered-lift.
---------------------------------------------------------------------------
\368\ See section VI.A of this preamble, discussing multiengine
powered-lift.
---------------------------------------------------------------------------
Section 91.503 describes flying equipment and operating information
for airplanes under subpart F. The FAA proposes in Sec. 194.302(v)
that this section apply to powered-lift because the FAA anticipates
that powered-lift will be used in passenger-carrying operations highly
similar to airplanes. Flying equipment and operating information is
equally important for both airplanes and powered-lift. The FAA proposes
to apply the safety standards required in this section to powered-lift.
However, Sec. 91.503(a)(5) references one-engine inoperative climb
performance data. The engine out performance data presented may differ
depending on the aircraft configuration and should not be limited to
only ``one-engine inoperative'' because some powered-lift have six or
more engines and may be able to continue flight after failure of one or
more engines. The FAA proposes that powered-lift have an approved
aircraft flight manual at the pilot station that contains the engine or
multiple engines inoperative climb performance data in accordance with
Sec. 91.503(a)(5).
Section 91.505 imposes requirements to be familiar with the
emergency equipment installed on the airplane to which a crewmember is
assigned and with the procedures to be followed for the use of that
equipment in an emergency situation. The crewmember must also be
familiar with the Airplane Flight Manual for that airplane, if one is
required, and with any placards, listings, instrument markings, or any
combination thereof, containing each operating limitation prescribed
for that airplane by the Administrator, including those specified in
Sec. 91.9(b). The FAA proposes in Sec. 194.302(w) that Sec. 91.505
apply to powered-lift because, as stated previously, the FAA expects
powered-lift to be used in passenger-carrying operations similar to
airplanes. Familiarity with emergency equipment is equally important
for both airplanes and powered-lift. Accordingly, the FAA proposes to
apply the safety standards required in Sec. 91.505 to powered-lift. In
addition, the FAA proposes that references to ``Airplane Flight
Manual'' apply to powered-lift to the extent that they have an Aircraft
Flight Manual approved through the certification process.
Section 91.507 states that no person may operate an airplane over-
the-top or at night under VFR unless that airplane is equipped with the
instruments and equipment required for IFR operations under Sec.
91.205(d) and one electric landing light for night operations. Each
required instrument and item of equipment must be in operable
condition. The FAA anticipates that powered-lift will conduct over-the-
top and night VFR operations in a manner similar to airplanes and will
need the same equipment as airplanes to conduct these operations
safely. The FAA proposes in Sec. 194.302(x) that powered-lift comply
with the equipment requirements in this section.
Section 91.509(a) prescribes the requirements for overwater
operations in airplanes. It provides that no person may takeoff an
airplane for a flight over water more than 50 nautical miles from the
nearest shore unless the airplane is equipped with a life preserver or
[[Page 39034]]
approved flotation means for each occupant of the airplane. Powered-
lift perform similar to airplanes during extended over-water
operations, but with VTOL capability. For helicopters, the definition
of extended over-water operations includes both an operation over water
at a horizontal distance of more than 50 nautical miles from the
nearest shoreline and more than 50 nautical miles from an off-shore
heliport structure. Powered-lift have the capability to land on these
off-shore heliport structures in an emergency. The FAA proposes in
Sec. 194.302(y) that powered-lift meet the requirements of Sec.
91.509(a) requiring a life preserver or an approved flotation means for
each occupant of the powered-lift according to the helicopter specific
definition of extended over-water operations. Further, the FAA proposes
in Sec. 194.302(y)(1) that when applying this rule to powered-lift,
the 50 nautical mile limit may be measured from either the nearest
shore or the nearest off-shore heliport structure in accordance with
the definition of extended over-water operations for helicopters in
Sec. 1.1.
The FAA proposes a similar approach in Sec. 194.302(y) with the
application of Sec. 91.509(b) to powered-lift. Section 91.509(b)
states that no person may take off an airplane for flight over water
more than 30 minutes flying time or 100 nautical miles from the nearest
shore, whichever is less, unless it has onboard specified survival
equipment. As stated previously, the FAA determined that the vertical
landing capability of powered-lift should be considered in evaluating
the applicability of this rule. Powered-lift have the capability to
land on off-shore heliport structures in an emergency. Accordingly, the
FAA proposes that when applying Sec. 91.509(b) to powered-lift, the
FAA proposes in Sec. 194.302(y)(1) to apply the limits of this
paragraph as 30 minutes, or 100 nautical miles from the nearest
shoreline, or 100 nautical miles from the nearest off-shore heliport
structure, whichever is less, consistent with the application of the
definition of extended over-water operations for helicopters discussed
in the previous paragraph.
Section 91.509(b)(5) specifically requires a lifeline to be stowed
in accordance with Sec. 25.1411(g). The lifeline must be in an obvious
location, directly accessible, and protected from inadvertent damage.
Additionally, Sec. 25.1411(g) imposes requirements pertaining to the
location where a lifeline must be attached to an airplane and arranged
to enable the airplane occupants to remain on the wing after ditching.
This requirement is based on a typical large airplane configuration
where standing on the wing or walking on the wing to an emergency raft
would be feasible while awaiting rescue. The FAA acknowledges that
powered-lift currently undergoing certification are not configured in
this manner because these powered-lift do not have a configuration
where standing or walking on the wing would be feasible. However, the
FAA anticipates that powered-lift may be developed in the future that
are capable and certified for ditching and with a wing or comparable
structure suitable for evacuation. Accordingly, the FAA proposes in
Sec. 194.302(y)(2) that powered-lift subject to the requirements of
subpart F will be required to comply with Sec. 25.1411(g) or other
airworthiness requirements established in accordance with Sec.
21.17(b) that provide an equivalent level of safety for powered-lift,
as reflected in the proposed regulatory text.
Section 91.511 describes requirements for communication and
navigation equipment for overwater operations. Paragraph (a) states
that no person may take off an airplane for a flight over water more
than 30 minutes flying time or 100 nautical miles from the nearest
shore unless it has at least the operable radio communication and
electronic navigation equipment described in the rule. The ability to
contact emergency or rescue services in the event of an offshore
ditching is a critical safety requirement for all aircraft.
Accordingly, the FAA proposes in Sec. 194.302(z) to require powered-
lift to comply with Sec. 91.511 for overwater operations that are more
than 30 minutes or 100 nautical miles from the nearest shore or off-
shore heliport structure, whichever is less, consistent with the
rationale provided in the previous paragraphs for Sec. 91.509(a) and
(b).
Section 91.513 describes requirements for emergency equipment for
airplanes, such as fire extinguishers, first aid kits, and megaphones.
The FAA anticipates that powered-lift will conduct passenger carrying
operations where this type of equipment would be necessary in an
emergency situation. The FAA considers emergency equipment to be
equally important for both airplanes and powered-lift; accordingly, the
FAA proposes in Sec. 194.302(aa) to apply the safety standards
required in this section to powered-lift.
Section 91.515 prescribes flight altitudes for airplanes operating
under VFR. The flight altitudes are designed to ensure adequate terrain
clearance from any mountain, hill, or other obstruction to flight for
day and night operations. These collision avoidance mitigations are
equally important for powered-lift, which the FAA expects would be
conducting operations similar to the airplanes that must comply with
subpart F. Therefore, the FAA proposes to apply the minimum flight
altitudes in Sec. 91.515 to powered-lift in Sec. 194.302(bb).
Section 91.517 describes passenger information and signage
displaying the use of seatbelts and non-smoking requirements. Notifying
passengers and crew when smoking is prohibited and when safety belts
must be fastened is important information to be conveyed to ensure that
passenger carrying operations are conducted safely. The importance of
conveying this information is the same for both airplanes and powered-
lift. As a result, the FAA proposes in Sec. 194.302(cc) that powered-
lift comply with the information and signage display requirements in
Sec. 91.517. Similarly, Sec. 91.519 describes passenger briefings for
the use of seatbelts and non-smoking requirements. The FAA proposes in
Sec. 194.302(dd) that Sec. 91.519 also apply to powered-lift because
passenger briefings for seatbelt use and smoking are equally important
for airplane and powered-lift passenger carrying operations.
The FAA proposes that Sec. 91.521 would be applicable to large
powered-lift subject to the operating requirements of subpart F.
Specifically, the SFAR proposes that those powered-lift be equipped
with a shoulder harness that meets the applicable requirements
specified in Sec. 25.785 or such airworthiness criteria as the FAA may
find provide an equivalent level of safety in accordance with Sec.
21.17(b). The rule is designed to prevent head injuries and is
necessary to provide the same level of safety for passenger-carrying
operations powered-lift operations as exists in the current rules for
airplanes. Therefore, the FAA proposes in Sec. 194.302(ee) that large
powered-lift comply with the safety equipment requirements for
airplanes in this section. As discussed previously, the FAA is applying
certain regulatory requirements applicable to transport category
airplanes, such as this one, to large powered-lift in the absence of a
uniform transport category standard for powered-lift.
Section 91.523 imposes requirements regarding how carry-on baggage
is stored on airplanes with a seating capacity of more than 19
passengers. For baggage stowage and restraining devices, the baggage
may be stored in a storage compartment as provided in Sec. 91.525, or
it may be stored under a passenger seat in such a way that it will not
slide forward under crash impacts severe enough to induce the ultimate
inertia forces specified in
[[Page 39035]]
Sec. 25.561(b)(3).\370\ Restraining devices must also limit sideward
motion of under-seat baggage and be designed to withstand crash impacts
severe enough to induce sideward forces specified in Sec.
25.561(b)(3). The FAA acknowledges that there are presently no powered-
lift with more than 19 seats undergoing certification However, the SFAR
proposes in Sec. 194.302(ff) that should these aircraft be developed,
they would be required to comply with Sec. 91.523, including the
safety equipment requirements specified in Sec. 25.561(b)(3) or
airworthiness criteria that the FAA may find provide an equivalent
level of safety in accordance with Sec. 21.17(b). Applying this
regulation to powered-lift with a seating capacity of more than 19
seats will ensure that carry-on baggage is stored safely on powered-
lift.
---------------------------------------------------------------------------
\370\ For a discussion of the type certification process for
powered-lift, see section IV.A of this preamble.
---------------------------------------------------------------------------
Section 91.525 describes the requirements for the carriage of
cargo. The FAA proposes in Sec. 194.302(gg) that this section apply to
powered-lift as the FAA does not differentiate between airplanes and
powered-lift as it applies to the safety standards required by this
section. In the NPRM for Sec. 91.525 (previously codified at Sec.
91.203),\371\ the FAA proposed all cargo carried in a passenger
compartment be stored in bins, or cargo racks, unless stowed and
secured as provided in that section. The FAA considered such
requirements necessary to provide for the safety of the occupants in
the event of turbulence and to insure, to the extent possible, the
crashworthiness of the airplane. These considerations are also
applicable to carriage of cargo on powered-lift and thus, the FAA
proposes that this rule also apply to powered-lift operations.
---------------------------------------------------------------------------
\371\ Large and Turbine-Powered Multiengine Airplanes, 36 FR
19507, 19510 (Oct. 7, 1971).
---------------------------------------------------------------------------
Section 91.527 describes the requirements for operations in icing
conditions. The FAA recognizes that adverse aerodynamic effects on
lifting surfaces begin as soon as frost, ice, or snow begin to adhere
to the surfaces.\372\ Paragraph (a) addresses ground operations and
states that no pilot may take off an airplane that has frost, ice, or
snow adhering to any propeller, windshield, stabilizing or control
surface; to a powerplant installation; or to an airspeed, altimeter,
rate of climb, or flight attitude instrument system or wing, except
that takeoffs may be made with frost under the wing in the area of the
fuel tanks if authorized by the FAA. Section 91.527 addresses airplanes
where lift is generated by the wings. Powered-lift may takeoff
vertically, but they may also transition to wing-borne flight after
takeoff. Powered-lift rely on lifting devices such as rotors during
vertical-lift flight mode and traditional airplane surfaces such as
wings during wing-borne flight. The FAA recognizes that in addition to
wings and control surfaces, powered-lift may have other surfaces that
are negatively impacted by frost, ice, or snow adhering to those
surfaces, such as rotor blades. These other surfaces are considered
critical surfaces, which the manufacturer will identify during
certification and which will be outlined in the Aircraft Flight Manual
for each powered-lift. Any frost, ice, or snow adhering to a ``critical
surface'' could have an adverse impact on the aircraft's ability to
operate safely. To ensure safe operation of powered-lift, all the items
listed in Sec. 91.527(a), as well as other critical surfaces as
determined by the manufacturer, must be clear from any contamination
adhering to their surfaces, including the vertical-lift flight mode
lifting devices. The FAA proposes in Sec. 194.302(hh) the requirements
of Sec. 91.527(a) apply to all powered-lift, including the vertical-
flight mode lifting devices.
---------------------------------------------------------------------------
\372\ See Removal of Regulations Allowing for Polished Frost, 74
FR 62691 (Dec. 1, 2009).
---------------------------------------------------------------------------
Section 91.527(b) prescribes rules for IFR flight into known or
forecast light or moderate icing conditions, or under VFR into known
light or moderate icing conditions unless certain conditions are met as
described below. Paragraph (b)(1) is applicable to aircraft, including
powered-lift, and requires that the aircraft has functioning deicing or
anti-icing equipment protecting each rotor blade, propeller,
windshield, wing, stabilizing or control surface, and each airspeed,
altimeter, rate of climb, or flight attitude instrument system.
Paragraphs (b)(2) and (3) are airplane-specific and the FAA does not
propose to apply those provisions to powered-lift. Instead, the FAA
proposes in Sec. 194.302(ii) that no pilot may fly a powered-lift
under IFR into known or forecast light or moderate icing conditions or
under VFR into known light or moderate icing conditions unless it has
been type certificated and appropriately equipped for operations in
icing conditions, as set forth in Sec. 194.308(i). Section 194.308(i)
requires powered-lift seeking certification to operate in known or
forecast light or moderate icing conditions would be required to have
procedures for the use of the ice protection equipment set forth in the
Aircraft Flight Manual.
Section 91.527(c) prescribes the requirements for airplane
operations into known or forecast severe icing conditions. The FAA does
not have the operational data to support allowing powered-lift
operations in severe icing at this time. Accordingly, the FAA does not
propose to apply this regulation to powered-lift operations, and as a
result, powered-lift operations into known or forecast severe icing
conditions would be prohibited.
Section 91.529 addresses flight engineer requirements. The FAA does
not propose application of this section to powered-lift because modern
aircraft are not designed to require a flight engineer.
Section 91.531 describes SIC requirements for airplanes in subpart
F. Section 91.531(a) provides that, except as provided in paragraph (b)
of this section, no person may operate the following airplanes without
a pilot designated as SIC: (1) any airplane that is type certificated
for more than one required pilot; (2) any large airplane; and (3) any
commuter category airplane. A powered-lift certificated for more than
one pilot will be subject to the same safety considerations as
airplanes certificated for more than one pilot. Accordingly, the same
safety standards should apply and the FAA proposes in Sec. 194.302(jj)
that paragraph (a)(1) applies to powered-lift as written. Similarly,
the FAA codified the requirement to have a designated SIC for large
airplanes because of the need for an increased crew due to the
complexity of operating such aircraft. These standards likewise apply
to large powered-lift and, resultantly, the FAA proposes in Sec.
194.302(jj) to apply paragraph (a)(2) to powered-lift as written.
Lastly, the FAA proposes not to apply paragraph (a)(3) to powered-lift
because there are currently no commuter category powered-lift and no
new aircraft can be certificated for that category as there are no
longer any certification standards for commuter category aircraft
certification in the Federal Aviation Regulations. As powered-lift are
new-entrant aircraft, there is no way to certificate these powered-lift
as commuter aircraft.
Section 91.531(b)(1) states that an airplane certificated for
operation with one pilot may be operated without a pilot designated as
SIC. Applying the airplane rule to powered-lift, as proposed in Sec.
194.302(jj), will ensure that the aircraft is operated in accordance
with its type certification basis for crew complement. This provides an
appropriate level of safety as it is consistent with the existing rule.
Next, Sec. 91.531(b)(2) prescribes that large airplanes or turbojet-
powered multiengine airplanes that hold a special airworthiness
certificate may operate without a designated SIC in certain
circumstances. For the reasons
[[Page 39036]]
stated in the applicability discussion of Sec. 91.501, the FAA
proposes in Sec. 194.302(jj) that Sec. 91.531(b)(2) apply to all
large powered-lift that hold a special airworthiness certificate and
meet the requirements of Sec. 91.531(b)(2)(i) and (ii), regardless of
powerplant type.
Section 91.531(c) states no person may designate a pilot to serve
as SIC, nor may any pilot serve as SIC, of an airplane required under
this section to have two pilots unless that pilot meets the
qualifications for SIC prescribed in Sec. 61.55. Consistent with the
discussion in section V.D applying the SIC qualification requirements
of Sec. 61.55 to powered-lift pilots, Sec. 91.531(c) should also
apply to powered-lift to maintain the level of safety for powered-lift
as provided for airplanes. The FAA proposes that paragraph (c) apply to
powered-lift.
Section 91.533 describes flight attendant requirements for
airplanes with more than 19 passengers. The FAA acknowledges that at
this time there are no powered-lift undergoing type certification with
more than 19 seats. However, the FAA recognizes that flight attendants
are critical for passenger safety, especially for inflight emergency
situations or where an emergency evacuation is required. The FAA
proposes in Sec. 194.302(kk) that this section apply to powered-lift
with more than 19 passengers onboard if they are certificated for civil
operations during the duration of the SFAR. This approach will provide
the same level of safety for powered-lift as is currently provided for
airplanes.
6. Subpart G--Additional Equipment and Operating Requirements for Large
and Transport Category Aircraft
Subpart G, beginning with Sec. 91.601, applies to the operation of
large and transport category U.S.-registered civil aircraft and
specifies additional equipment and operating requirements. The FAA
anticipates that U.S.-registered large powered-lift will operate
similar to airplanes when considering altitude, speed, passenger
carrying capacity, passenger safety, composition of flight crew,
operating environment (e.g., over water), and required safety and
rescue equipment. For these reasons, the FAA does not differentiate
between airplanes and powered-lift when it relates to the safety
standards required by this section. The FAA proposes that the airplane
requirements contained in the following listed sections of this subpart
apply to large powered-lift in order to meet the higher level of
airworthiness and equipment standards for aircraft that will be
carrying larger amounts of passengers, and for the reasons described in
section IV.A of this preamble.
Subpart G also contains airplane regulations that are subject to
certain airworthiness certification provisions. The FAA will determine
whether to apply the specific airworthiness requirement for the
equipment required by subpart G or other airworthiness criteria that
provide an equivalent level of safety the type certification process
under Sec. 21.17(b), as discussed previously regarding the
applicability of part 91 subpart F.
Section 91.603, Aural speed warning device, requires that a
transport category airplane be equipped with an aural speed warning
device that complies with Sec. 25.1303(c)(1). The FAA proposes in
Sec. 194.302(ll) that this regulation apply to large powered-lift to
provide an equivalent level of safety to currently certificated
airplanes under Subchapter C airworthiness standards. Powered-lift
subject to Sec. 91.603 must be equipped with an aural speed warning
device that complies with Sec. 25.1303(c)(1) or airworthiness criteria
that the FAA has determined provides an equivalent level of safety in
accordance with Sec. 21.17(b).
Section 91.605 prescribes transport category civil airplane weight
limitations. Powered-lift are capable of performing both vertical
takeoffs and landings, and takeoffs and landings using wing-borne lift
similar to an airplane. The FAA proposes that certain provisions in
Sec. 91.605 apply to large powered-lift to ensure those aircraft can
safely takeoff and land in accordance with the performance information
in the Aircraft Flight Manual and taking into consideration altitude
and temperature. This application of the rule provides flexibility to
operators seeking to maximize the novel capabilities of powered-lift
while maintaining a high level of operational safety.
Section 91.605(a) prescribes takeoff requirements for transport
category airplanes (other than a turbine-engine-powered airplane
certificated after September 30, 1958). This regulation applies only to
non-turbine powered airplanes that were type certificated without an
Airplane Flight Manual. All new entrant powered-lift type certificated
under Sec. 21.17(b) will be required to have an Aircraft Flight
Manual; accordingly, the FAA does not propose to apply Sec. 91.605(a)
to powered-lift for this SFAR.
Section 91.605(b) contains references to an Airplane Flight Manual
and prohibits operations contrary to the flight manual. Section
91.605(b)(1) states that no person operating a turbine-engine-powered
transport category airplane may take off that airplane at a weight
greater than that listed in the Airplane Flight Manual. The calculation
for determining that takeoff weight must consider the elevation of the
airport and the ambient temperature existing at the time of takeoff.
This regulation provides an important performance criterion to ensure
that operators of an aircraft consider the effects of altitude and
temperature when determining the maximum allowable takeoff weight. The
effects of altitude and temperature are important to consider because
aircraft performance is reduced as the altitude and the temperature is
increased. This is especially true for takeoff operations, where an
increase in altitude and temperature causes a decrease in aircraft
performance. An increase in altitude and temperature also causes an
increase in takeoff distance required and a decrease in the maximum
allowable takeoff weight. Adherence to the performance limitations in
the Aircraft Flight Manual is critical for the safe operation of any
aircraft, including powered-lift whose performance is also negatively
impacted by increased altitude, temperature, and weight. Therefore, the
FAA proposes in Sec. 194.302(mm) to apply Sec. 91.605(b)(1) to large
powered-lift--regardless of whether they will takeoff vertically or
using wing-borne lift similar to an airplane--and that have the takeoff
performance information in the aircraft flight manual.
Section 91.605(b)(2) stipulates no person operating a turbine-
engine-powered transport category airplane may take off at a weight
(allowing for normal consumption of fuel and oil in flight to the
destination or alternate airport) if the weight of the airplane on
arrival would exceed the landing weight as contained in the Airplane
Flight Manual taking in consideration the elevation of the destination
or alternate airport and the ambient temperature anticipated at the
time of landing. As described in the previous paragraph, these
computations must include the elevation of the take-off and the ambient
temperature at the time of takeoff. This regulation establishes an
important pre-takeoff planning criterion that must consider the maximum
landing weight to ensure that the airplane is at a weight that will
allow a landing that is within the performance capabilities of that
aircraft. The FAA proposes in Sec. 194.302(nn) that paragraph (b)(2)
apply to large powered-lift--regardless of whether they will land
vertically or using wing-borne lift similar to an airplane--and that
have the landing performance information in the aircraft
[[Page 39037]]
flight manual. Applying this paragraph will help ensure that large
powered-lift are operated at the same level of safety required for
transport category airplanes.
Section 91.605(b)(3) and (b)(4)(ii) also contain additional takeoff
criteria for turbine-engine-powered transport category airplanes, such
as wet runway and clearway distances. The FAA proposes in Sec.
194.302(oo) to apply these requirements to certain large powered-lift
to ensure that published flight manual limitations are not exceeded
when powered-lift execute takeoff operations that utilize wing-borne
lift, similar to an airplane, and have that takeoff performance
information contained in the flight manual. The FAA proposes paragraphs
(b)(3) and (b)(4)(ii) apply to large powered-lift that execute takeoff
operations using wing-borne lift and that have takeoff performance
information in the flight manual.
Section 91.605(c) sets specific requirements for takeoff distances
and runway lengths for turbine-engine-powered transport category
airplanes certificated after August 29, 1959. The FAA considers that
these provisions are equally important and necessary for powered-lift
to safely execute takeoff operations that utilize wing-borne lift. The
FAA proposes (also in Sec. 194.302(oo)) that this paragraph apply to
large powered-lift executing takeoff operations that utilize wing-borne
lift and have takeoff performance information in the aircraft flight
manual.
Section 91.609 sets forth requirements for FDR and cockpit voice
recorder (CVR) in large and transport category aircraft. Section
91.609(a) and (b) already apply to powered-lift because those
paragraphs apply to ``aircraft.'' Paragraphs (f), (g), and (k) also
already apply to operators of powered-lift who are otherwise required
by part 194 to comply with this section. Section 91.609(c)(1) requires
that a multi-engine, turbine-powered airplane or rotorcraft having a
passenger seating configuration, excluding any pilot seat, of 10 or
more, that has been manufactured after October 11, 1991, unless it is
equipped with one or more approved flight recorders that utilize a
digital method of recording and storing data and a method of readily
retrieving that data from the storage medium. Additionally, this
paragraph requires that the flight recorder must retain no less than 8
hours of aircraft operation. The FAA proposes in Sec. 194.302(pp) that
a powered-lift, regardless of the type of powerplant, that otherwise
meets the threshold requirements of this paragraph be required to
comply with this paragraph. However, Sec. 91.609(c)(1) specifies that
the parameters for the flight recorder that must be recorded are
contained in part 91, appendix E or F, which are specific to airplanes
or helicopters. As stated previously, many powered-lift will be
manufactured combining the design features of an airplane and
helicopter, to varying degrees. In place of appendices E and F to part
91,\373\ the FAA has drafted new FDR tables for part 194,\374\ which
outline the FDR specifications for powered-lift under part 91, in
proposed Sec. Sec. 194.312 and 194.313. In developing these tables,
the FAA applied the FDR requirements from the airplane and helicopter
appendices to powered-lift, dependent on which operational flight mode
is in use (i.e., wing-borne flight mode or vertical-lift flight mode).
In addition, the FAA replaced helicopter-specific nomenclature to
accommodate powered-lift. For example, helicopter flight controls, as
written, describe pedals and collective controls, which may not apply
to powered-lift. In addition, the FAA changed the terminology that
provided directional controls for ``ascent and descent''.
Notwithstanding slight nomenclature changes within the parameters, the
FAA did not change the other information and numbers within the tables.
The FAA invites comments on these new draft tables to ensure that the
FAA has adequately addressed all of the requirements for these novel
aircraft.
---------------------------------------------------------------------------
\373\ See appendix E to part 91, Airplane Flight Recorder
Specifications, and appendix F to part 91, Helicopter Flight
Recorder Specifications, 14 CFR part 91.
\374\ The SFAR tables are found in the regulatory text within
the SFAR amendment.
---------------------------------------------------------------------------
Section 91.609(c)(3) requires that all airplanes and rotorcraft
subject to Sec. 91.609(c)(1) manufactured on or after April 7, 2010,
must meet the FDR requirements of Sec. 23.1459, Sec. 25.1459, Sec.
27.1459, or Sec. 29.1459, as applicable, and retain at least the last
25 hours of recorded information using a recorder that meets the
standards of TSO-C124a, or later revision. The FAA proposes in Sec.
194.302(pp) that powered-lift comply with this requirement to provide a
level of safety equivalent to airplanes and rotorcraft.
Section 91.609(d) requires that whenever a flight recorder required
by Sec. 91.609 is installed, it must be operated continuously from the
instant the airplane begins the takeoff roll or the rotorcraft begins
lift-off until the airplane has completed the landing roll or the
rotorcraft has landed at its destination. The FAA proposes in Sec.
194.302(pp)(3) to require powered-lift to comply with this section by
requiring that the flight recorder be operated continuously from the
earlier of when the powered-lift begins the takeoff roll or begins
lift-off until the latter of when the powered lift has completed the
landing roll or has landed at its destination. This will ensure the
same level of safety is provided for powered-lift as exists in the
current regulations for airplanes and rotorcraft.
Section 91.609(e) requires that unless otherwise authorized by the
Administrator, after October 11, 1991, no person may operate a U.S.
civil registered multiengine, turbine-powered airplane or rotorcraft
having a passenger seating configuration of six passengers or more and
for which two pilots are required by type certification or operating
rule unless it is equipped with an approved CVR. CVRs enhance safety
and are required in turbine-powered airplanes and rotorcraft carrying a
certain passenger count as a necessary hazard analysis tool used during
an accident investigation. As early as 1978, the FAA has noted that
consideration should be given to requiring Ground Proximity Warning
Systems (GPWS), CVR, and FDR equipment on turbojet-powered airplanes
with 10 or more passenger seats due to the complexity and high-
performance characteristics of those airplanes.\375\ These sources of
information aid in determining causal and contributing factors in
accident and incident investigation. Amendments issued in response to
NTSB recommendations as well as congressional mandates identify the
FAA's broader responsibility to apply these appropriately to all
aircraft with certain seating capacities.\376\ The CVR provides
accident investigation information that is unattainable from any other
source with valuable auditory information such as sounds captured in
the cockpit. Accordingly, the FAA proposes in Sec. 194.302(pp),
regardless of the type of powerplant, that powered-lift which have a
passenger seating configuration of six or more and for which two pilots
are required by type certification or operating rules, will be required
to comply with all the paragraphs of paragraph (e). This will ensure
that powered lift operate as safely as airplanes and rotorcraft.
---------------------------------------------------------------------------
\375\ See Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742, 46768 (Oct. 10, 1978).
\376\ Id. at 46742.
---------------------------------------------------------------------------
Section 91.609(h) is applicable to legacy airplanes certificated
before April 7, 2010. It cannot apply to new entrant aircraft and is
accordingly not applicable to powered-lift.
[[Page 39038]]
Section 91.609(i) and (j) apply to both airplanes and rotorcraft.
The FAA considers CVRs and FDRs to be necessary safety equipment on
airplanes and rotorcraft and proposes in Sec. 194.302(pp) that these
requirements also be applicable to powered-lift. The same concerns
regarding ensuring data is recorded from the cockpit or flight in the
event of an accident or incident are true for powered lift as they are
for airplanes and helicopters.
Section 91.611 authorizes ferry flights with one engine inoperative
for airplanes with three or four engines. The rule was written
specifically for airplanes and is based on airplane performance
characteristics. The FAA acknowledges that some powered-lift may
operate as an airplane during takeoff but determined this section
should not be applicable to large powered-lift under the SFAR due to
the lack of data to support safe powered-lift operations with an
inoperative engine. The FAA expects to obtain more data during the term
of this SFAR to determine if powered-lift can safely operate with an
inoperative engine.
Section 91.613 requires airplane compartment interiors to meet the
flame propagation requirements set forth in Sec. 25.853 or Sec.
25.856. The part 25 certification standard for flame propagation
materials reduces the spread of fire within the aircraft and in the
event of a post-crash fire, as well as reducing the penetration of fire
for an external source such as an engine firewall. Section 91.613(b)(2)
is applicable to transport category airplanes manufactured after
September 2, 2005 and the FAA proposes in Sec. 194.302(qq) that it be
applied to powered-lift of similar size and capacity under the SFAR due
to the safety mitigations this rule provides. For large powered-lift,
the FAA proposes that the thermal/acoustic installation materials
required by Sec. 91.613(b)(2) meet the requirements of Sec. 25.856 or
such airworthiness criteria as the FAA may find provide an equivalent
level of safety in accordance with Sec. 21.17(b). Section 91.613(a)
does not apply to powered-lift because SFAR 41 terminated in September
1983 and is limited to type design changes for airplanes issued prior
to October 1979.
7. Subpart K--Fractional Ownership Operations
Subpart K was added to part 91 in 2003 to establish criteria for
fractional ownership programs. It allows fractional owners and the
management company to share operational control of the aircraft and
delineates operational control responsibilities. It also contains
regulatory safety standards for operations under fractional ownership
programs, including management operations, maintenance, training, and
crewmember flight and duty requirements. Subpart K currently has two
powered-lift references in Sec. Sec. 91.1001(b)(10) and 91.1053(a)(2).
These references were included when part 91 subpart K was codified to
prescribe specific applicability and crew training requirements for
fractional ownership operations. Pilot training and qualification
requirements under this subpart are discussed in section V of this
preamble. In addition to the specific powered-lift references, many
subpart K sections impose requirements on aircraft, which include
powered-lift.
As stated in section V.L of this preamble, the following sections
of subpart K will apply to large powered-lift without regard to type of
powerplant.
Section 91.1025 prescribes program operating manual contents. The
manual must set forth the program's procedures and policies to ensure
the safe operation of the aircraft they use. The manual content
requirements of a Destination Airport Analysis specified in Sec.
91.1025(o) are only required if the aircraft meets the thresholds set
forth Sec. 91.1037, Large transport category airplanes: Turbine engine
powered; Limitations; Destination and alternate airports. The FAA
anticipates some powered-lift will be manufactured in a way that would
trigger the safety requirements of Sec. 91.1037. This section is
already applicable to powered-lift that operate under subpart K;
however, the FAA also clarifies that if a specific powered-lift meets
the requirements of Sec. 91.1037, then all of the requirements of
Sec. 91.1025(o), including Sec. 91.1025(o)(7) which currently only
applies to airplanes, would be applicable as well, as set forth in
Sec. 194.302(rr). This proposal will ensure that an adequate level of
safety is maintained for powered-lift that meet the performance
requirements of Sec. 91.1037, and that any inoperative equipment is
considered when Destination Airport Analysis is performed.
Section 91.1037 addresses large transport category airplanes and
should apply to large powered-lift. The FAA perceives that large
powered-lift will operate similar to large transport-category airplanes
when considering altitude, distance, speed, passenger carrying
capacity, passenger safety, composition of flight crew, operating
environment (e.g., over water), and required safety and rescue
equipment. Specifically, Sec. 91.1037(e) requires that, unless based
on a showing of actual operating landing techniques on wet runways, a
shorter landing distance (but never less than that required by
paragraph (b) or (c)) has been approved for a specific type and model
airplane and included in the Airplane Flight Manual, no person may take
off a turbojet airplane when the appropriate weather reports or
forecasts, or any combination of them, indicate that the runways at the
destination or alternate airport may be wet or slippery at the
estimated time of arrival unless the effective runway length at the
destination airport is at least 115 percent of the runway length
required under paragraph (b) or (c). The FAA anticipates that due to
the VTOL capabilities of powered-lift, many of these aircraft may not
need to compute a landing distance as required by this section.
However, certain powered-lift may conduct landing operations similar to
an airplane. Accordingly, the FAA proposes in Sec. 194.302(rr) this
entire section be applicable to large powered-lift that are
certificated to conduct landing operations in wing-borne flight mode as
indicated in the aircraft flight manual.
Section 91.1039(c) prohibits a pilot on a program aircraft
operating a program flight from beginning an instrument approach
procedure to an airport unless the MDA or Decision Altitude (DA) and
visibility landing minimums prescribed in part 97 or in the program
manager's management specifications are increased by 100 feet and 1-2
mile respectively, but not to exceed the ceiling and visibility
minimums for that airport when used as an alternate airport, for each
PIC of a turbine-powered aircraft who has not served at least 100 hours
as PIC in that type of aircraft. This regulation is based on Sec.
135.225(e), and was incorporated into the subpart K rules for
Fractional Ownership operations because the FAA considered that the
safe execution of an instrument approach to the lowest minimums
requires the highest degree of pilot familiarity with the airplane, its
controls, instruments, and performance characteristics, and that 100
hours of experience in a new type of airplane as PIC in air carrier or
commercial operations is necessary in order to achieve this degree of
familiarity. This familiarity requirement is still relevant to
operations conducted in airplanes today and pilots of all powered-lift
should also possess the highest degree of familiarity with their
aircraft, its controls, instruments, and performance requirements, not
only those operating turbine-powered powered-lift. The FAA
[[Page 39039]]
also anticipates the pilots of any powered-lift will experience an
additional workload as the aircraft transitions from wing-borne to
vertical-lift flight, during the landing phase while in reduced
visibility. The FAA is proposing that the PIC of all powered lift
operating under subpart K increase the MDA or DA and visibility landing
minimums as required by Sec. 91.1039(c), as set forth in proposed
Sec. 194.304.
Section 91.1041 addresses aircraft proving and validation tests.
Section 91.1041 sets out the parameters and the requirements for when
Proving and Validation Tests must be accomplished by a fractional
ownership program. Proving tests are necessary to evaluate each
fractional ownership program's ability to conduct operations safely and
in accordance with the applicable regulations. Proving tests, under
Sec. 91.1041, consist of a demonstration of the fractional ownership
program's ability to operate and maintain certain aircraft new to the
operator's fleet or the certificate holder's ability to conduct a
particular kind of operation. Additionally, it is each fractional
ownership program manager's responsibility to show that each aircraft
can be operated safely and in compliance with the regulations and their
procedures.
Section 91.1041(b) requires a fractional ownership program manager
to conduct proving tests in a turbojet airplane if they have not
previously proved a turbojet airplane. The FAA expects powered-lift,
regardless of the powerplant, to have additional complexity due to
their design and operation, and that these features have not been
available and experienced by the civilian market to date. To ensure a
high level of safety is maintained when these aircraft are operated,
the FAA is proposing in Sec. 194.302(ss) that a fractional ownership
program manager that has not previously proven a powered-lift in
operations under subpart K, be required to conduct at least 25 hours of
proving tests acceptable to the Administrator as detailed in Sec.
91.1041(b)(1) through (3).
The FAA requires validation testing for certain authorizations, and
for the addition of certain aircraft that were previously proved or
validated but are not of the same make or model, or of similar design.
These tests are required for aircraft that require two pilots for
flight in VFR conditions, or turbojet airplanes. For the same reasons
cited above for proving tests, validation testing required by Sec.
91.1041(d) should be applicable to all powered-lift. The FAA proposes
in Sec. 194.302(ss) that validation testing be required when a program
manager requests authorization to use a powered-lift, unless a powered-
lift of the same make or similar design has been previously proved or
validated by that program manager in operations under subpart K.
Section 91.1045 contains additional safety equipment requirements
for program aircraft. The FAA is proposing that this rule apply to
powered-lift in proposed Sec. 194.302(tt). For powered-lift with more
than 30 seats or a payload capacity of more than 7,500 pounds, the FAA
proposes that Sec. 91.1045(a) applies; and for powered-lift with 30
seats or fewer and a payload capacity of 7,500 pounds or less, Sec.
91.1045(b) applies.
Section 91.1045(a)(3) and (b)(3) specify TAWS as the required
terrain awareness and warning system requirement. The FAA considered
both TAWS and HTAWS because of powered-lift's ability to operate
similar to both airplanes and helicopters. The FAA determined that the
current HTAWS specification would provide the best level of safety
without an undue number of nuisance warnings. The FAA proposes that
Sec. 91.1045(a)(3) and (b)(3) apply to powered-lift, and that powered-
lift comply with the requirements in Sec. 194.307(q) of this SFAR. For
further discussion of the FAA's proposal regarding TAWS vs. HTAWS,
please see VI.B.
Section 91.1045(b)(5) refers to airborne thunderstorm detection
equipment required by Sec. 135.173 or airborne weather radar required
by Sec. 135.175, as applicable to the aircraft specified in each
section. This section is applicable to airplanes having a passenger-
seat configuration of 30 seats or fewer, excluding each crewmember, and
a payload capacity of 7,500 pounds or less, and any rotorcraft (as
applicable). The use of airborne thunderstorm detection equipment or
airborne weather radar contributes to greater safety in operations
because it enables the pilot to detect and locate severe adverse
weather areas early. The equipment also enables the pilot to avoid
these areas or take other action necessary for safety of flight.
Therefore, the FAA proposes in Sec. 194.302(uu) that Sec.
91.1045(b)(5) apply to powered-lift. As an additional note, the
requirements of Sec. Sec. 135.173 and 135.175 apply as-written to
powered-lift because they apply to aircraft and the FAA is not
proposing to apply the helicopter provisions of those sections to
powered-lift.
The provisions in Sec. 91.1109, with the exception of Sec.
91.1109(b)(4), are applicable to powered-lift because they apply to
aircraft. Section 91.1109(b) requires each person desiring to establish
or change an approved inspection program under this section to submit
the inspection program for approval to the Flight Standards office that
issued the program manager's management specifications. Under Sec.
91.1109(b)(4), the inspection program may be derived from an airplane
inspection program approved under Sec. 125.247 and currently in use
under part 125. The FAA has recently proposed to amend the
applicability of part 119 and allow powered-lift operations in part 125
in the Update to Air Carrier Definitions NPRM. However, the FAA is not
including part 125 in this SFAR because there are no powered-lift
currently in the certification process (or expected in the foreseeable
future) that meet the applicability requirements of part 125. Although
Sec. 91.1109(b)(4) is not applicable to powered-lift, the remaining
provisions in Sec. 91.1109 apply to powered-lift because they apply to
all aircraft.
Additionally, the FAA noted that Sec. 91.1115(b)(1) uses the word
``airplane'' and the rest of paragraph (b) uses the word aircraft. In
examining the NPRM and the final rule promulgating subpart K, the FAA
expressed no intent to call out paragraph (b)(1) for airplanes only.
The NPRM and final rule expressed intent to hold operations under
subpart K to the same safety standards as other operations. Section
91.213, the other inoperative instruments and equipment regulation
within part 91, uses the word aircraft throughout and was the model
language used for Sec. 91.1115. The word airplane was substituted for
the word aircraft in Sec. 91.1115(b)(1) in error. The FAA proposes a
technical amendment to Sec. 91.1115(b)(1) to change the word
``airplane'' to ``aircraft.'' Changing this reference will not
adversely affect any other category of aircraft. As changed, this
section would then apply to powered-lift.
The Continuous Airworthiness Maintenance Program (CAMP) program
manager is primarily responsible for maintaining the airworthiness of
the program aircraft, including airframes, aircraft engines,
propellers, rotors, appliances, and parts, including for powered-lift.
There are also other obligations, such as preparing mechanical
reliability reports and mechanical interruptions summaries. The CAMP
manager is also responsible for maintaining the operations manual and
maintaining the records required by Sec. 91.1427 for the specified
amount of time. Fractional ownership CAMP requirements apply to
powered-lift because, similar to the fractional ownership program
discussed above, the CAMP Manager's obligations are
[[Page 39040]]
applicable to all aircraft in the program, including powered-lift. As
discussed in section VII.A.2, the FAA reiterates that the term
``engine'' includes electric engines and any other powerplants.
C. Part 97 Rules for Powered-Lift
Part 97 of title 14 prescribes standard instrument approach
procedures, obstacle departure procedures, and weather minimums that
apply to IFR takeoffs and landings at civil airports in the U.S.\377\
Section 97.3 defines Copter Procedures as helicopter procedures, with
applicable minimums as prescribed in Sec. 97.35.\378\ The definition
is limited to helicopters because when part 97 was promulgated, the FAA
did not envision that aircraft would have hybrid airplane and
helicopter characteristics. Consequently, powered-lift are currently
excluded from using Copter Procedures even if they are able to perform
the operations safely. The purpose of this section of the SFAR is to
propose a regulatory pathway that allows powered-lift to utilize the
Copter Procedures specified in Sec. 97.3.
---------------------------------------------------------------------------
\377\ Instrument means a device using an internal mechanism to
show visually or aurally the attitude, altitude, or operation of an
aircraft or aircraft part. It includes electronic devices for
automatically controlling an aircraft in flight. See, 14 CFR 1.1.
The IFR are applicable to an aircraft, pilot, and operation when
operating in IMC as opposed to VMC.
\378\ The minimums prescribed in Sec. Sec. 97.21 through 97.37,
including Sec. 97.35, are not published in the Code of Federal
Regulations. Federal Register citations affecting these procedures
can be found in the List of CFR Sections Affected (LSA), April 2020
at https://www.govinfo.gov/content/pkg/LSA-2020-04/html/LSA-2020-04-title14.htm. Section 97.20 prescribes the Standard for Terminal
Instrument Procedures (TERPs), which is documented on FAA Forms
8260-3, 8260-4, 8260-5, and 8260-15A, and depicted on aeronautical
charts published by the FAA at https://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/. They are incorporated by
reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
Part 97 was established because the FAA recognized the
technological advances that supported the ability to take-off and land
safely at airports while operating under IFR. It was originally
codified in 1963 without reference to Copter Procedures, but the term
was added in 1972 \379\ and defined as: helicopter procedures, with
applicable minimums as prescribed in Sec. 97.35. Helicopters may also
use other procedures prescribed in Subchapter C of this part and may
use the Category A minimum descent altitude (MDA), or decision height
(DH). The required visibility minimum may be reduced to one-half the
published visibility minimum for Category A aircraft, but in no case
may it be reduced to less than one-quarter mile or 1,200 feet runway
visual range (RVR). HAL means height above a designated helicopter
landing area used for helicopter instrument approach procedures. Point
in space means a helicopter instrument approach procedure to a point in
space to a missed approach point that is more than 2,600 feet from an
associated helicopter landing area.\380\
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\379\ General Operating and Flight Rules, 37 FR 6286 (Mar. 28,
1972).
\380\ Designation of Federal Airways, Controlled Airspace and
Reporting Points, 37 FR 6286 (Mar. 28, 1972).
---------------------------------------------------------------------------
Part 97 was further amended in 2002 to allow for technological
advances that support area navigation (RNAV), such as GPS, while
retaining the current ground-based systems.\381\ The amendments also
changed the Standard Instrument Approach Procedures name to Standard
Instrument Procedures to reflect that part 97 refers to both takeoffs
and approaches, and incorporated the term helipoint, defining it as the
aiming point for the final approach course for heliports. Later
amendments clarified terminology and updated certain terms for ICAO
consistency.
---------------------------------------------------------------------------
\381\ Area Navigation (RNAV) and Miscellaneous Amendments, 72FR
31661 (Jun. 7, 2007).
---------------------------------------------------------------------------
The FAA proposes in Sec. 194.305 that powered-lift operators
seeking to use Copter Procedures must use a powered-lift that has a
standard airworthiness certificate for IFR operations and meet
equivalent system design and stability as helicopters currently type
certificated for instrument flight under the airworthiness standards in
appendix B to parts 27 and 29. If a powered-lift does not meet that
equivalency, it would contain a limitation in its aircraft flight
manual prohibiting use of copter procedures. The specific airworthiness
standards will be established during the type certification process.
The criteria the FAA considers necessary for powered-lift to conduct
Copter Procedures under part 97 are explained below.
1. Copter Instrument Procedures
Copter instrument procedures (IP) provide an instrument procedure
along a predetermined course to safely allow helicopter traffic to
transition between VFR and IFR for approaches and departures. The
criteria for these approaches or departures are defined in the FAA
Orders Standard for Terminal Instrument Procedures (TERPS) Manuals and
presume a certain level of vehicle performance and stability. For
example, copter instrument approach procedures (IAPs) are designed
presuming nominal descent rates and gradients over a range of given
airspeeds. Those approaches also presume the maximum and minimum
descent glideslope and gradient that may be encountered while
maintaining vertical navigation accuracy. In addition, the design of
the IAPs allow for the aircraft to descend to the minimum descent
altitude (MDA) or decision altitude (DA) prior to or upon arriving at
the missed approach point (MAP). At the MAP, the pilot must assess
whether the flight can safely and legally proceed to the destination in
the meteorological conditions present. Continuation of the flight
beyond the MAP must be accomplished via a visual transition segment in
accordance with the design of the IAP. The MAP is located such that the
aircraft can execute the missed approach procedure or visually
transition to a safe landing by using a nominal deceleration rate. Both
the missed approach procedures and departure procedures are designed
with the underlying minimum assumption of aircraft performance as
defined in the TERPS manual.
Powered-lift IFR certification and compatibility with instrument
approaches will be assessed during the aircraft type certification
process. The aircraft's ability to conduct these types of operations
will be contained in the approved aircraft flight manual as part of the
operation limitations and the types of operation in accordance with
Sec. Sec. 23.2620, 25.1583, 27.1583, and 29.1583, 14 CFR part 27 or
29, appendix B, section IX, or airworthiness criteria developed in
accordance with Sec. 21.17(b) that establish an equivalent level of
safety.
2. Airworthiness Evaluation of Eligibility for Copter Procedures
For powered-lift seeking approval to fly IFR and to use Copter
Procedures, the FAA will assess the aircraft's stability, system, and
equipage for IFR operations as compared to helicopters. This assessment
will occur during the type certification process. A powered-lift design
that meets standards that provide an equivalent level of safety to the
relevant standards in parts 27 and 29 can be certificated for IFR
flight and authorized to execute Copter Procedures. A powered-lift that
does not possess these characteristics may still be certificated for
IFR but will be prohibited from performing Copter Procedures and have a
limitation in the Aircraft Flight Manual to that effect.
For helicopters, appendix B to parts 27 and 29 (``Airworthiness
Criteria for Helicopter Instrument Flight'') is based on the
traditional operating profile of a classically designed helicopter and
flight control system. The safety objectives contained within appendix
B for IFR approval focus on an increase in
[[Page 39041]]
stability, system design, and system safety over a part 27 or 29
Helicopter only approved to operate under VFR. The FAA does acknowledge
that for powered-lift, the appendix B assumptions are not directly
compatible due to the aircraft's hybrid capability and flight controls.
For powered-lift, safety objectives equivalent to appendix B will be
incorporated as part of the type design requirements, specifically
focusing on (1) adequate static stability, (2) adequate dynamic
stability, and (3) system safety.
Static stability is the aircraft's ability to maintain or return to
its original flight path, and dynamic stability is the aircraft's
ability to return to a stabilized condition after being disturbed. The
ability to maintain uniform flight conditions and recover from
disturbances without requiring exceptional pilot skill and ability is
critical when assessing an aircraft for IFR approval. System safety is
a design process that ensures adequate robustness of the aircraft
systems based on the failure hazard analysis developed during the type
certification process. It involves identifying risks to the entire
system and developing mitigations based on how the aircraft responds to
system failures. Under the FAA's proposal, powered-lift designs may
include additional design redundancy compared to a classically designed
helicopter to ensure that the crew could safely manage any failures.
The FAA proposes that powered-lift seeking approval for IFR
operations meet equivalent standards in appendix B regarding system
safety and stability during the type certification process. The
specific requirements will be established during the type certification
process when the FAA evaluates the types of operations that the
applicant intends to conduct. The FAA will assess those operations,
which may include IFR and Copter Procedures, as part of the type design
approval process to ensure that they can be conducted safely. Those
operations will be identified in the limitations of the aircraft flight
manual along with any other specific limitations and procedures
necessary for safe operation.
Upon termination of the SFAR and in accordance with any changes
made permanent after the expiration of the SFAR, the FAA expects to
update guidance material, such as the TERPS Manual, certain Advisory
Circulars,\382\ the Airman Information Manual (AIM), and the
Aeronautical Information Publication (AIP).
---------------------------------------------------------------------------
\382\ E.g., AC 90-80C Approval of Offshore Standard Approach
Procedures, Airborne Radar Approaches, and Helicopter En Route
Descent Areas; AC 90-101A--Approval Guidance for Required Navigation
Performance (RNP) Procedures with Authorization Required (AR); AC
90-105A--Approval Guidance for RNP Operations and Barometric
Vertical Navigation in the U.S. National Airspace System and in
Oceanic and Remote Continental Airspace; and AC 90-119 Performance
Based Navigation Operations.
---------------------------------------------------------------------------
Navigation Specification (NavSpec) RNP 0.3 currently applies only
to rotorcraft operations. The FAA will assess the navigational system
for powered-lift to determine if they will be allowed to use this
NavSpec. The NavSpec will be amended as required following these
determinations.
D. Part 135 Rules for Powered-Lift
The FAA expects there will be a demand to use powered-lift in
commercial operations requiring a part 119 certificate. Therefore, to
safely integrate these aircraft into part 135 operations, the FAA
completed a review of the current part 135 regulations to determine any
necessary additional applicability to powered-lift.
Part 135 applies to two kinds of operations: on-demand and
commuter. These operations are defined in Sec. 110.2. On-demand
operations are those either conducted as a public charter under part
380 or any operations in which the departure time and location and
arrival location are specifically negotiated with the customer and are:
in rotorcraft; common carriage operations with airplanes (including
turbojet-powered airplanes) that have a passenger-seat configuration of
30 seats or fewer and a payload capacity of 7,500 pounds or less; or
noncommon or private carriage operations conducted with airplanes
having a passenger-seat configuration of less than 20 seats and a
payload capacity of less than 6,000 pounds.
On-demand operations also include scheduled passenger-carrying
operations that consist of less than five round-trips per week on at
least one route between two or more points according to its published
flight schedules in airplanes (other than turbojet-powered airplanes)
that have a maximum passenger-seat configuration of 9 seats or less and
a maximum payload capacity of 7,500 pounds or less, or in any
rotorcraft. Finally, on-demand operations also include all-cargo
operations conducted with airplanes having a payload capacity of 7,500
pounds or less, or with rotorcraft.
Commuter operations are scheduled operations conducted by any
person operating airplanes (other than turbojet-powered airplanes) that
have a maximum passenger-seat configuration of 9 seats or less and a
maximum payload capacity of 7,500 pounds or less, as well as all
rotorcraft, when such operations conduct at least five round trips per
week on at least one route between two or more points according to its
published flight schedules. As described in Section III. of this
preamble, the Update to Air Carrier Definitions NPRM proposes to revise
the definitions of commuter and on-demand to add powered-lift to part
110 so that operations can be conducted with those aircraft under part
135.
Part 135 includes references to airplanes, helicopters, rotorcraft,
and powered-lift; however, part 135 only references powered-lift once.
That reference is in the flight experience requirements of Sec. 135.4.
Although the term powered-lift was introduced when Sec. 135.4 was
added to part 135, it was not necessary to review and revise any other
sections of part 135 to incorporate powered-lift because powered-lift
were not available for civil operations at that time.
As previously stated in section VI.A, all regulatory requirements
imposed on ``aircraft'' apply to powered-lift. Accordingly, any
portions of part 135 which are silent to aircraft category are
applicable to all part 135 operations conducted with powered-lift. Part
135 training and qualification requirements for pilots of powered-lift
are discussed in section V.G of this preamble.
1. Part 135 Helicopter Rules Addressed in this SFAR
The FAA analyzed the part 135 regulations and identified helicopter
rules that it determined should apply to powered-lift, either because
the rules are more conservative or appropriate considering the VTOL
capabilities of powered-lift. The FAA considered the similarities
between helicopter and powered-lift in areas such as performance
characteristics, vertical take-off and landing capabilities,
maneuverability, range and operating environment. The FAA also
considered those part 135 operations for which powered-lift could be
used in lieu of a helicopter due to the capabilities of powered-lift
such as those pertaining to air ambulance operations and off-shore
passenger carrying operations that are currently unique to helicopters.
i. Subpart B: Flight Operations
Section 135.117(a) requires each PIC of an aircraft carrying
passengers to ensure that passengers have been orally briefed on
certain specific items. Specifically, Sec. 135.117(a)(6) requires
that, for flights involving extended overwater operations, passengers
must be orally briefed on ditching procedures and the use of required
flotation
[[Page 39042]]
equipment. An extended over water operation means, with respect to
helicopters, an operation over water at a horizontal distance of more
than 50 nautical miles from the nearest shoreline and more than 50
nautical miles from an off-shore heliport structure.\383\ In addition,
Sec. 135.117(a)(9) requires that, before each takeoff, the PIC of a
rotorcraft that involves flight beyond the autorotational distance from
the shoreline ensure that all passengers have been orally briefed on
the use of life preservers, ditching procedures, and emergency exit
from the rotorcraft in the event of a ditching. This briefing must
include the location and use of life rafts and other life preserver
devices as applicable.\384\
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\383\ 14 CFR 1.1.
\384\ ``As applicable'' means if the aircraft is carrying rafts
or other life preserver devices onboard, passengers must be briefed
on the location and use of these items.
---------------------------------------------------------------------------
In the preamble promulgating Sec. 135.117, the FAA explained that
the safety equipment requirements for helicopters are different from
those of airplanes.\385\ This differentiation is made for two reasons.
First, helicopters generally operate at lower altitudes than
airplanes--usually below 10,000 feet. These lower altitudes reduce the
autorotational distance and less time is available to prepare for an
unplanned landing due to an unexpected event. Second, airplanes are
designed with certain features that can enable them to float for a
period of time after ditching such as doors above the waterline and, in
some airplanes with pressurized cabins, closeable outflow valve(s).
Helicopters do not incorporate these design features and may not be
able to float on the surface like an airplane after ditching.
Additionally, helicopters, by design, generally have a higher center of
gravity and, when ditched, can roll over and then rapidly fill with
water causing them to sink. Based on these two considerations,
helicopter passengers must have additional protections for survival in
water if they need to exit the helicopter after ditching as reflected
by the requirements in Sec. 135.117(a)(9).\386\
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\385\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety
Initiatives and Miscellaneous Amendments, 75 FR 62639 (Oct. 12,
2010).
\386\ If the aircraft is carrying rafts or other life preserver
devices onboard, passengers must be briefed on the location and use
of these items.
---------------------------------------------------------------------------
Powered-lift may have a wide variety of design features that may
influence buoyancy after ditching and the ability to evacuate in case
of an emergency. For example, some aircraft with pressurized cabins are
likely to be more buoyant and water resistant than other aircraft
without a pressurized cabin. In addition, different aircraft designs,
including a lower center of gravity and passenger doors above the
waterline, may increase the ability to not take on water and float for
a longer period of time. With regard to features that may influence
buoyancy and whether the powered-lift will take on water or float for a
longer period of time after ditching is unknown. The FAA does not have
the historical data on these new aircraft designs to assert that the
positive buoyancy characteristics and the potential to float for a
longer period of time--characteristics of airplane designs--will exist
in powered-lift. Therefore, the FAA proposes to address powered-lift as
helicopters for the purpose of over water operations.
Further because some-powered lift may be capable of operations
beyond 50 NM of the shoreline or an off-shore heliport structure and
are able to conduct takeoff and landing operations similar to
helicopters, the FAA proposes to apply to powered-lift, the helicopter-
specific definition in Sec. 1.1 of extended over-water operations.
This means if a powered-lift conducts an operation beyond 50 NM of the
shoreline or an off-shore heliport structure, then it would be
conducting an extended overwater operation and would be required to
conduct the briefing required by Sec. 135.117(a)(6).
Additionally, the FAA anticipates powered-lift may be designed to
auto-rotate or glide to a landing. Accordingly, the FAA proposes in
Sec. 194.308(b) to apply the briefing requirement of Sec.
135.117(a)(9) to powered-lift that are conducting operations beyond the
auto-rotational distance or gliding distance from the shoreline. This
will ensure the use of life preservers, ditching procedures and
emergency exits, and if applicable, the location and use of life rafts
and other life preserver devices have been briefed if a powered-lift
ditches.
ii. Subpart C: Aircraft and Equipment
Section 135.160 requires radio altimeters for all rotorcraft
operations conducted under part 135. The FAA determined that radio
altimeters are an important safety device designed to inform the pilot
of the aircraft's actual height above the surface.\387\ Radio
altimeters are valuable safety tools. For example, they provide
additional situational awareness during an inadvertent encounter with
IMC as well as additional situational awareness after encounters with
brownout,\388\ whiteout,\389\ or other situations where vision is
suddenly limited, and pilots lose their reference to the horizon and
the ground. Additionally, radio altimeters can greatly improve a
pilot's awareness of height above the ground during hover, landing in
unimproved landing zones, and landings in confined areas where a more
vertical approach may be required.\390\
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\387\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9938 (Feb. 21, 2014).
\388\ The Aeronautical Information Manual describes brownout as
an in-flight visibility restriction due to dust or sand in the air.
In a brownout, the pilot cannot see nearby objects which provide the
outside visual references necessary to control the aircraft near the
ground.
\389\ The Aeronautical Information Manual describes white out as
occurring when a person becomes engulfed in a uniformly white glow.
The glow is a result of being surrounded by blowing snow, dust,
sand, mud or water.
\390\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------
The FAA foresees powered-lift being utilized in similar operational
locations to rotorcraft, such as takeoff and landing operations to and
from unimproved landing zones, including off-airport operations. This
means that these aircraft could encounter many of the same hazardous
issues, such as flat light,\391\ whiteout, and brownout, which
helicopters conducting part 135 operations can encounter. In addition,
during inadvertent encounters with IMC, a radio altimeter can also
provide additional situational awareness to the pilot. In order to
establish a level of safety comparable to current rotorcraft operations
under part 135, the FAA proposes in Sec. 194.308(c) to require persons
operating powered-lift to comply with the radio altimeter requirements
of Sec. 135.160.\392\ As permitted for rotorcraft that must comply
with Sec. 135.160(a), the FAA also proposes to allow persons operating
powered-lift with a maximum takeoff weight no greater than 2,950
pounds, the ability to apply for a deviation from the radio altimeter
requirements in accordance with Sec. 135.160(b).
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\391\ The Aeronautical Information Manual describes Flat Light
as an optical illusion that causes pilots to lose their depth of
field and contrast in vision.
\392\ A-02-35 NTSB recommendation to incorporate radio
altimeters for passenger carrying operations.
---------------------------------------------------------------------------
Section 135.163 outlines the equipment requirements for all
aircraft carrying passengers under IFR. The intent of Sec. 135.163(g)
is to ensure an adequate level of safety for multi-engine aircraft
carrying passengers under IFR in the event that an engine fails
resulting in an accompanying loss of electrical generation on that
engine. By requiring the second power source to be on a
[[Page 39043]]
separate engine, an engine failure during IMC does not become a
compound emergency of engine failure and electrical failure
simultaneously. Section 135.163(g) contains an exception for multi-
engine helicopters that states the two required generators may be
mounted on the main rotor drive train and a loss of one powerplant will
not affect both generators since they are on a common drive train.
Section 135.163 currently applies to powered-lift as written. The FAA
proposes in Sec. 194.308(d) to allow powered-lift to utilize the
exception for helicopters contained in Sec. 135.163(g) when that
powered-lift is equipped with a rotor system drivetrain that is driven
by two separate powerplants and able to run the two required generators
because, just as for rotorcraft, the loss of one powerplant would not
affect both generators.
Part 135 contains requirements for emergency equipment for both
extended overwater and rotorcraft overwater operations. Specifically,
Sec. 135.167 details the requirements for all aircraft conducting
extended overwater operations, and Sec. 135.168 details the
requirements for rotorcraft overwater operations. Section 135.167
requires life preservers be easily accessible to each seated occupant
in an aircraft, subject to a limited exception during an air ambulance
operation. Section 135.168 requires life preservers be worn by
occupants in rotorcraft in overwater operations. In Sec. 135.167, an
emergency locator transmitter (ELT) must be attached to a required life
raft, while Sec. 135.168 requires the aircraft to carry an approved
and installed ELT because there is no requirement to carry a life raft.
Airplanes are designed with certain features that enable them to
float for a period of time after ditching, such as doors above the
waterline, partially empty fuel tanks, and in some airplanes,
pressurized cabins with closeable outflow valves. Due to powered-lift
being a new entrant into the civilian marketplace, the FAA does not
have the historical data to assert that these positive buoyancy
characteristics of airplanes will exist in powered-lift. Accordingly,
the FAA proposes to apply Sec. 194.308(e) to Sec. 135.168 (that
pertains to rotorcraft) to powered-lift. If the powered-lift is
operating overwater beyond the gliding or autorotational distance of
the shoreline then life preservers must be provided and worn by each
occupant.
In developing this proposal, the FAA considered the 2010 notice of
proposed rulemaking (NPRM),\393\ which proposed the requirement for
helicopters operated beyond the autorotational distance from shore to
be equipped with electronically deployable or externally mounted life
rafts. In the 2014 final rule,\394\ the FAA removed that proposed life
raft requirement, reasoning that the cost of equipping helicopters with
life rafts would not be justified by an increase in the survivability
of accidents. The FAA stated that there are relatively few accidents
beyond autorotational distance from the shoreline. Among the accidents
identified, few qualify as survivable, and of the survivable accidents,
the requirement to wear life preservers would generate the greatest
likelihood of surviving in the water.\395\
---------------------------------------------------------------------------
\393\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety
Initiatives and Miscellaneous Amendments, 75 FR 62639 (Oct. 12,
2010).
\394\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
\395\ Id. at 9973.
---------------------------------------------------------------------------
The FAA anticipates powered-lift operated overwater will have a
survivability sequence (sequence of events which occur upon impact with
the water) more similar to rotorcraft than airplanes and that the
donning of life preservers would provide for the greatest likelihood of
surviving in the water versus requiring the carriage of a life raft
whenever powered-lift are conducting overwater operations beyond
gliding and/or autorotational distance from the shoreline.
Additionally, the ELT requirements of Sec. 135.168 are appropriate for
powered-lift because there is no life raft requirement except during
extended overwater operations. This will ensure that all powered-lift
that conduct operations beyond the gliding distance or the
autorotational distance from the shoreline will have the added safety
benefit of rescue locating by the signaling device.
Section 135.181 details performance requirements for all aircraft
operated over-the-top \396\ or in IFR conditions. This section also
contains a provision, in Sec. 135.181(b), that is specific to
multiengine helicopters carrying passengers in the offshore environment
and that allows these helicopters to conduct certain operations over-
the-top or in IFR conditions. The FAA asserted that the provision
contained in Sec. 135.181(b) was in the public interest to allow this
specific performance requirement for multiengine helicopters conducting
passenger carrying operations offshore as such operations support
exploration and development of energy supplies, and provided economic
relief to those operators by allowing better utilization of the
existing fleet without compromising safety.\397\ The FAA anticipates
that powered-lift could also be used in conducting offshore passenger
operations that are currently provided by multiengine helicopters. The
FAA notes that all powered-lift with the possibility of being operated
in civil operations will be multi-engine; accordingly, the FAA proposes
in Sec. 194.308(f) to apply Sec. 135.181(b) to all powered-lift. The
FAA anticipates a powered-lift that is able to meet the performance
requirements of Sec. 135.181(b) would be providing the same level of
safety established for helicopters using the same rationale that
helicopters were afforded with this exception when operating in the
offshore environment. This exception would provide the same economic
relief to powered-lift operators as that experienced by helicopter
operators.
---------------------------------------------------------------------------
\396\ Over-the-top means above the layer of clouds or other
obscuring phenomena forming the ceiling.
\397\ Rotorcraft Regulatory Review Program Notice No. 5, 50 FR
10165 (Mar. 13, 1985).
---------------------------------------------------------------------------
Section 135.183 provides the performance requirements for land
aircraft to operate over water. The basic premise for this regulation
is that a land aircraft must be operated in such a way as to keep the
aircraft out of the water. Paragraph (a) requires that any aircraft
operate at an altitude that allows it to reach land in the event of an
engine failure. Paragraph (b) allows overwater operations strictly
limited to only takeoff and landing operations. Paragraph (c) requires
a multiengine aircraft to be able to climb with its critical engine
inoperative at least 50 feet a minute at 1000 feet above the surface.
Paragraph (d) allows helicopters the option of installing floats if
they are unable to meet the requirements of paragraph (a) or (c). With
the exception of paragraph (d), powered-lift operations over water must
comply with the provisions of Sec. 135.183, because it references
aircraft. In 1973, the FAA added paragraph (d) for helicopters equipped
with flotation devices.\398\ The FAA determined that helicopters could
be operated safely beyond land in the case of an engine failure as long
as the helicopter was equipped with flotation devices, even if they did
not meet the requirements in paragraph (a) or (c).\399\ The FAA
anticipates that powered-lift may be utilized in the same fashion as
helicopters carrying passengers over
[[Page 39044]]
water. The FAA is uncertain if powered-lift will be equipped with
floats; however, the FAA expects that a powered-lift that is equipped
with floatation devices through an FAA certification process will
provide the same level of safety that is currently extended to
helicopters because the FAA anticipates that a powered-lift with floats
would land similarly to a float-equipped helicopter. Accordingly, the
FAA proposes in Sec. 194.308(g) to allow powered-lift to utilize the
exception contained in paragraph (d) if the powered-lift is unable to
meet the requirements of paragraph (a) or (c).
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\398\ Helicopter Use Over Water, 38 FR 12906 (May 17, 1973)
(amending Sec. 135.147, which contained the requirements in Sec.
135.183 prior to the recodification in 1978).
\399\ Id.
---------------------------------------------------------------------------
iii. Subpart D: VFR/IFR Operating Limitations and Weather Requirements
Section 135.207, which outlines helicopter surface reference
requirements under VFR, was originally promulgated in 1958 and at a
time when helicopters were not widely equipped with gyroscopic flight
instruments.\400\ This rule has remained unchanged throughout the years
leaving its application, in this case, to be somewhat inappropriate due
to the advances in technology of many aircraft since its inception.
Much research has also occurred in the science of human factors
associated with flying at night in reference to objects on the surface
or on the horizon. This section specifically omitted airplanes at the
time of publication because airplanes were more widely equipped with
the adequate instrumentation needed to maintain a pilot's situational
awareness.\401\ The FAA anticipates that powered-lift will be equipped
with advanced technologies and flight instrumentation that would
provide adequate situational awareness as well as an ability to
maintain positive control of an aircraft in lower light and visibility
situations. However, some powered-lift could be manufactured without
gyroscopic flight instruments. To ensure the pilot can safely control
the aircraft, the FAA proposes in Sec. 194.308(h) that this section
only apply to powered-lift that do not have the flight instrumentation
listed in Sec. 135.159 installed and operable.
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\400\ Part 46--Scheduled Air Carrier Helicopter Certification
and Operation Rules, 23 FR 2265 (Apr. 8, 1958).
\401\ Part 46--Scheduled Air Carrier Helicopter Certification
and Operation Rules, 23 FR 2264 (Apr. 8, 1958).
---------------------------------------------------------------------------
Section 135.227(d) prohibits helicopters from flying under IFR into
known or forecast icing conditions or under VFR into known icing
conditions unless the helicopter is type certificated and appropriately
equipped for operations in icing conditions. A powered-lift should also
be prohibited from operating in certain icing conditions unless it is
type certificated and appropriately equipped for operations in such
conditions. This requirement will ensure those aircraft can safely
operate in icing conditions because they are appropriately certificated
and equipped with the proper equipment. Section 135.227(c)(2) and (3),
which are applicable to airplanes, are similar to Sec. 135.227(d) in
that those provisions require the aircraft to meet certain
airworthiness standards in order to operate in certain icing
conditions. However, Sec. 135.227(d) is appropriate to apply to
powered-lift because the airworthiness requirements are less specific,
which makes this paragraph more suited to the Sec. 21.17(b)
certification process that powered-lift comply with, which is
appropriate as the FAA gathers more information about powered-lift
operations in icing conditions. Therefore, the FAA proposes in Sec.
194.308(i) to apply Sec. 135.227(d) to powered-lift that are type
certificated and appropriately equipped for operations in icing
conditions. Operations in icing conditions are discussed more
extensively in VI.D.2.v regarding airplane rules and weather
requirements.
Section 135.229 provides the airport requirements that apply to all
aircraft with the exception of paragraph (b)(2)(ii) in which
helicopters are also allowed to use reflective material.\402\ The
landing lights on helicopters are generally oriented so that they shine
at an angle approximate to a normal approach angle used by helicopters.
This negates the need for the landing area to be lit up with runway
lights and permits the helicopter pilot to easily pick out and maintain
a safe approach angle to an area marked by reflective material. The FAA
expects that, since powered-lift are capable of a vertical takeoff or
landing, they could be equipped with landing lights oriented in a
direction that enables the pilot to see a landing area marked by
reflective material. Accordingly, the FAA determined that for powered-
lift that are conducting a vertical takeoff or landing and that are
equipped with landing lights oriented in a direction that enables the
pilot to see the takeoff or landing area marked by reflective material,
then powered-lift may use that reflective material that a helicopter is
permitted by Sec. 135.229(b)(2)(ii). If conducting a takeoff or
landing roll using wing-born lift, a powered-lift must takeoff or land
at an airport with boundary or runway marker lights, as set forth in
Sec. 135.229(b)(2)(i). The FAA proposes in Sec. 194.308(j) to allow
powered-lift to takeoff from or land at an airport that uses reflective
material when conducting a takeoff or landing in the vertical-lift
flight mode and is equipped with landing lights oriented in a direction
that enables the pilot to see the takeoff or landing area marked by
reflective material.
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\402\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
---------------------------------------------------------------------------
iv. Subpart F: Crewmember Flight Time and Duty Period Limitations and
Rest Requirements
Subpart F details crewmember flight time, duty period limitations,
and rest requirements. These sections are applicable to scheduled and
unscheduled operations regardless of the type of aircraft with the
exception of Sec. 135.271, Helicopter Hospital Emergency Medical
Evacuation Services (HEMES). The FAA has noted previously that it uses
the terms helicopter air ambulance (HAA) and HEMES
interchangeably.\403\ Section 135.271 requires different rest and duty
requirements for HAA operations conducted from a hospital, and in order
to assure that a helicopter pilot is adequately rested, there is a
requirement to have an approved place of rest at or in close proximity
to the hospital where the helicopter is based. The FAA stated in the
NPRM for Sec. 135.271 that air ambulance operations are of undoubted
social benefit and proven safety, and that the FAA has been issuing
exemptions for these operations for several years and is satisfied that
they are safe.\404\
---------------------------------------------------------------------------
\403\ National Policy regarding Helicopter Air Ambulance
Operations, available at https://www.faa.gov/documentLibrary/media/Notice/N_8900.509.pdf.
\404\ Flight Time Limitations and Rest Requirements for Flight
Crewmembers, 49 FR 12136, 12141 (Mar. 28, 1984).
---------------------------------------------------------------------------
Since powered-lift are able to conduct vertical takeoffs and
landings, they could be based at a hospital heliport. Therefore, the
FAA anticipates powered-lift operators will be able to conduct HAA
operations that are subject to the requirements of Sec. 135.271.
Operators that have a powered-lift based at a hospital should be
allowed to use the rest and duty rules permitted by this section, just
as current helicopter operators are permitted. The FAA applies this
provision to all HAA instead of using the term HEMES for maximum
clarity going forward with respect to which operations these
limitations are applicable to. This determination is consistent with
the preamble accompanying
[[Page 39045]]
implementation of this provision, which indicates it was intended to
apply to all HAA.\405\ Therefore, the FAA proposes in Sec. 194.308(k)
that Sec. 135.271 apply to powered-lift conducting HAA operations in
accordance with subpart L of part 135.
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\405\ See, e.g., Helicopter Air AMBULANCE, commercial
Helicopter, and Part 91 Helicopter Operations, 79 FR 9944 (Feb. 21,
2014), which states: ``As established by this rule, all helicopter
air ambulance operations with medical personnel or patients on board
must be conducted under part 135. The provisions of Sec. Sec.
135.267 and 135.271 would therefore apply to the helicopter air
ambulance operations previously conducted under part 91''.
---------------------------------------------------------------------------
v. Subpart J: Maintenance, Preventative Maintenance, and Alterations
Section 135.429 applies to all aircraft, except for paragraph (d)
which states that the FAA may approve procedures for the performance of
required inspection items by a pilot of a rotorcraft that operates in
remote areas or sites. The pilot may perform the inspection items, with
certain limitations, when no other qualified personnel are available
and a mechanical interruption occurs. The FAA expects a pilot who is
trained under the requirements of Sec. 135.429(d) would provide the
same level of competency as a certificated mechanic.\406\ The rule is
intended to allow a certificate holder the opportunity to establish a
preventive maintenance process for when a mechanical interruption
occurs in a remote area or site. The inspection must be accomplished
under the direct control of the certificate holder's maintenance
program. Because powered-lift may take off and land like a rotorcraft,
some powered-lift may operate in remote areas or sites. Consequently
powered-lift used in such operations experience the same challenges
that exist for rotorcraft when an unscheduled mechanical interruption
occurs. Therefore, the FAA proposes in Sec. 194.308(l) to apply Sec.
135.429(d) to powered-lift that operate in remote areas or sites.
---------------------------------------------------------------------------
\406\ See Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance; Final Rule, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------
vi. Subpart L: Helicopter Air Ambulance Equipment, Operations, and
Training Requirements
Helicopter air ambulance operations must comply with subpart L of
part 135 in addition to other requirements of this part. Since subpart
L became effective, significant decreases in HAA fatalities have
occurred, further justifying the positive impact on the safety benefit
of these requirements. Since powered-lift can operate similar to a
helicopter during the critical phases of flight of takeoff and landing,
and to ensure the higher level of safety that is afforded to medical
personnel aboard those aircraft, the FAA proposes powered-lift
conducting air ambulance operations will be required to comply with
subpart L. Moreover, Sec. 135.1 outlines the applicability of part
135, and Sec. 135.1(a)(9) lists HAA operations as defined in Sec.
135.601(b)(1). Because the FAA proposes that subpart L apply to
powered-lift, it also proposes in Sec. 194.308(a) that Sec.
135.1(a)(9) apply to powered-lift conducting air ambulance operations.
The FAA anticipates that operators utilizing powered-lift for air
ambulance activities will present a new dynamic because these aircraft
can be operated like an airplane and a helicopter. The FAA currently
differentiates between airplane air ambulance operations and HAA
operations including the required equipment, weather minimums, required
risk analysis, flight monitoring, and the authorizing document issued
to the operator.\407\ As provided in the preamble to the final rule
implementing subpart L, helicopter air ambulance operations are
conducted under unique conditions.\408\ Such flights are often time
sensitive and operate at low altitudes and under varied weather
conditions. They must often land at unfamiliar, remote, or unimproved
sites with hazards like trees, buildings, towers, wires, and uneven
terrain. Patients being transported often do not have a choice between
operator or mode of transportation. For these reasons, the FAA
established more stringent safety regulations applicable to HAA
operations which include weather minimums and visibility requirements,
as well as mandating flight planning, preflight risk analyses, safety
briefings for medical personnel, and the establishment of operations
control centers (OCC) for certain operators to help with risk
management and flight monitoring. The rule also includes provisions to
encourage instrument flight rules (IFR) operations. It requires
helicopter air ambulances to be equipped with both helicopter terrain
awareness and warning systems (HTAWS) (the HTAWS will warn pilots about
obstacles in their flight path), and flight data monitoring systems.
Finally, helicopter air ambulance pilots are required to hold
instrument ratings.\409\
---------------------------------------------------------------------------
\407\ Air ambulance operations conducted in an airplane are
approved through issuance of Operations Specification A024, while
air ambulance conducted in a helicopter are approved through
issuance of A021. When the type of operation is proposed in powered-
lift, the FAA will issue the appropriate operations specification.
\408\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
\409\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------
The FAA anticipates that powered-lift be used in air ambulance
operations would likely complete operations similar to those currently
conducted by helicopters and thus also be likely to encounter
circumstances similar to helicopters in air ambulance operations.
Powered-lift conducting air ambulance operations should be afforded the
same level of safety as HAA operations, and the rules contained in
subpart L will provide this level of safety. Accordingly, the FAA
proposes in Sec. 194.308(m) that the applicability and definitions
section of subpart L also apply to powered-lift.
The FAA conducted an analysis of the sections in subpart L versus
those contained throughout subparts A through J to determine if any
changes in subpart L were required for continuity with the proposed
powered-lift SFAR, and to ensure there was no conflict in applying
these rules when air ambulance operations are conducted in a powered-
lift. This analysis and applicability of subpart L are described in the
following paragraphs.
Section 135.154 requires terrain awareness and warning systems
(TAWS) in airplanes with a passenger seat configuration of 6 to 9
passengers, while Sec. 135.605 requires helicopter terrain awareness
and warning system (HTAWS) equipment for all helicopters used in HAA
operations, regardless of passenger seat configuration. This difference
in requirements is based upon the different flight characteristics and
the operating environment in which these aircraft operate, such as
speed, maneuverability, and the altitudes at which they normally
operate.
As previously discussed, powered-lift are capable of flight similar
to both airplanes and helicopters. Consequently, individually the
current TAWS and HTAWS are not a complete solution for powered-lift due
to each equipment's capabilities and limitations. In the subsequent
preamble discussion regarding the applicability of TAWS to airplanes,
the FAA explains its determination that HTAWs or an FAA approved TAWS
A/HTAWS hybrid system rather than an airplane-specific TAWS, is
appropriate for powered-lift having a passenger seating configuration,
excluding any pilot seat, of 6 or more. See proposed Sec. 194.307(q).
Consistent with proposed Sec. 194.307(q), for powered-lift operating
under subpart
[[Page 39046]]
L, the FAA is proposing to allow a hybrid system in a powered-lift that
utilizes the features of a TAWS A system for wing-borne flight and
HTAWS for vertical flight modes of operation for compliance with Sec.
135.605. Without a TAWS A/HTAWS hybrid system, the FAA determined that
the current HTAWS specification would provide the best level of safety
without an undue number of nuisance warnings. The FAA proposes in Sec.
194.308(o) that any powered-lift that is used in air ambulance
operations as defined Sec. 135.601, modified by the proposed SFAR, be
equipped with HTAWS, unless equipped with an FAA approved TAWS A/HTAWS
hybrid system, in accordance with Sec. 135.605.
Section 135.603 requires the PIC of a helicopter air ambulance
operation to meet the requirements of Sec. 135.243 and to hold either
a helicopter instrument rating or an ATP certificate with a category
and class rating for that aircraft, not limited to VFR. It is equally
important for PICs of powered-lift air ambulance operations to meet the
requirements set forth in this section. In the NPRM implementing
updated requirements for helicopter air ambulance operations, the FAA
explained that inadvertent flight into IMC is a common factor in
helicopter air ambulance accidents. In general, many accidents result
when pilots who lack the necessary skills or equipment to fly in
marginal VMC or IMC attempt flight without outside references. The
proposal was intended to ensure that helicopter air ambulance pilots
are equipped to handle these situations and extract themselves from
these dangerous situations. A pilot who receives the more extensive
training on navigating a helicopter solely by reference to instruments
provided by obtaining an instrument rating is better able to maintain
situational awareness and maneuver the helicopter into a safe
environment than a pilot without an instrument rating.\410\
---------------------------------------------------------------------------
\410\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety
Initiatives and Miscellaneous Amendments, 75 FR 62639 (October 12,
2010).
---------------------------------------------------------------------------
These concerns regarding inadvertent flight into IMC would be
equally applicable for PICs of powered-lift. Accordingly, the FAA
proposes in Sec. 194.308(n) that these requirements also apply for
powered-lift operations occurring under subpart L. For further
discussion of proposed amendments to Sec. 135.243, please see section
I.5.i. of this preamble.
The FAA also determined that it would be appropriate to apply the
requirement set forth in Sec. 135.607 for a helicopter to have for
flight data monitoring system capable of recording flight performance
data to powered-lift conducting air ambulance operations. The FAA has
not identified any reason to differentiate between helicopters and
powered-lift conducting air ambulance operations for purposes of
compliance with this requirement, as it would be equally important for
powered-lift to record flight performance data in the dynamic
environment contemplated by subpart L. Accordingly, the FAA proposes
this requirement be applicable to powered-lift in Sec. 194.308(p).
Section 135.609(a) specifies the minimum ceiling and visibility
requirements for conducting VFR helicopter air ambulance operations in
Class G airspace. Those requirements are broken down into day or night,
mountainous or non-mountainous, and local or non-local flying areas.
Section 135.601(b)(3) defines mountainous areas as those designated
under part 95 of chapter I. Part 95 contains maps and the latitude and
longitude coordinates depicting the mountainous areas of the eastern
and western United States as well as Alaska, Hawaii, and Puerto Rico.
Section 135.601(b)(4) defines non-mountainous areas as areas other than
the mountainous areas listed in part 95. In addition, Sec. 135.609(b)
explains that a certificate holder may designate local flying areas in
a manner acceptable to the Administrator that must (1) not exceed 50 NM
in any direction from each designated location; (2) take into account
obstacles and terrain features that are easily identifiable by the
pilot in command (PIC) and from which the PIC may visually determine a
position; and (3) take into account the operating environment and
capabilities of the certificate holder's helicopters.
The FAA established the minimums under Sec. 135.609(a), which are
more stringent than the VFR visibility requirements of Sec. 135.205
for helicopters, because the FAA believed that all flight operations
conducted under VFR in helicopter air ambulance operations should
comply with more stringent weather requirements. They also asserted
these ceiling and visibility requirements would be an effective method
of increasing safety in helicopter air ambulance operations.\411\ For
powered-lift, the FAA evaluated the VFR minimum altitudes, required
visibility, and distance from cloud requirements for airplanes as
contained in Sec. Sec. 135.203 (VFR minimum altitudes), 135.205 (VFR
visibility requirements), and 91.155 (distance from cloud requirements)
and applied these airplane minimums to the table contained in Sec.
135.609(a) which resulted in minimums that are most closely aligned
with the FAA's intent of applying the ceiling and visibility
requirements of airplanes to powered-lift.
---------------------------------------------------------------------------
\411\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations; Safety
Initiatives and Miscellaneous Amendments, NPRM, 75 FR 62649 (Oct.
12, 2010).
---------------------------------------------------------------------------
A powered-lift may takeoff and land vertically and can therefore
access the same locations that a HAA aircraft can, thus making it
suitable to conduct these kinds of operations; however, the powered-
lift can be much different than a helicopter in cruise flight, where
the powered-lift--during wing-born flight mode--is anticipated to
operate more like an airplane. These operating differences include
higher airspeeds, which require more distance to see and avoid
obstacles and terrain, and more airspace to conduct maneuvering. Speed
and maneuverability also play a role in the ability of a powered-lift
operating with a cloud layer to avoid objects, including other
aircraft, that come out of the clouds. Additionally, these
characteristics may limit the ability of a powered-lift to conduct an
emergency landing into the same areas a helicopter might use. This can
be predicated on the time it takes the powered-lift to transition to
VTOL or even its inability to use VTOL with certain failures, causing
it to operate more like an airplane in this respect.
As a result of the foregoing, the FAA determined powered-lift
should be operated at a higher minimum when operating at night than
what is currently required under Sec. 135.609 for helicopters. The
proposed requirements for powered-lift are identical to the helicopter
requirements in the Sec. 135.609(a) table for daytime operations, but
the ceiling increases for nighttime operations to help create a safer
operating environment for powered-lift. Finally, the FAA notes that the
table in Sec. 135.609(a) contains two columns for night operations:
one column for ``night'' operations and another column for ``night
using an approved NVIS or HTAWS'' operations. Because HTAWS are now
required, the ``night'' column requirements are no longer relevant and
have been phased out. The FAA proposes in Sec. 194.308(q) that
powered-lift comply with the minimum ceiling and visibility
requirements for VFR air ambulance
[[Page 39047]]
operations in Class G airspace as described in the following table
(Table 10):
Table 10--Proposed VFR Air Ambulance Minimums in Class G Airspace
----------------------------------------------------------------------------------------------------------------
Day Night
Location ---------------------------------------------------------------
Ceiling Visibility Ceiling Visibility
----------------------------------------------------------------------------------------------------------------
Non-mountainous Local Flying Areas.............. 800 FT 2 SM 1,500 FT 3 SM
Non-mountainous Non-Local Flying Areas.......... 800 FT 3 SM 1,500 FT 3 SM
Mountainous Local Flying Areas.................. 800 FT 3 SM 2,500 FT 3 SM
Mountainous Non-Local Flying Areas.............. 1,000 FT 3 SM 2,500 FT 5 SM
----------------------------------------------------------------------------------------------------------------
In addition, the FAA proposes Sec. 135.609(b) apply to certificate
holders operating powered-lift in air ambulance operations so that they
may designate local flying areas that meet the requirements of
paragraphs (b)(1) through (3). Weather minimums are less stringent in
local flying areas because of pilots' increased familiarity with
obstacles and the operating environment.\412\ The FAA expects that
powered-lift pilots conducting air ambulance operations will have the
same familiarity with local obstacles and the operating environment.
---------------------------------------------------------------------------
\412\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, 79 FR 9931 (Feb. 21, 2014).
---------------------------------------------------------------------------
Section 135.611 sets forth requirements for HAA IFR operations at
locations without weather reporting. The FAA evaluated the provisions
of this section and determined that it would be appropriate to provide
the ability for authorization for IFR operations of powered-lift at
airports with an instrument approach procedure and where a weather
report is not available. This provision would only be able to be
utilized by powered-lift operating under subpart L that are certified
for IFR operations and that receive an additional authorization from
the Administrator. The FAA proposes the applicability of this section
in Sec. 194.308(r).
Section 135.613 details the ceiling and visibility requirements for
approach and departure IFR transitions for HAA operations. This rule
was codified to establish weather minimums for HAA that are using an
instrument approach and are now transitioning to visual flight for
landing. It also permits VFR to IFR transitions for departures if the
pilot has filed an IFR flight plan and will obtain an IFR clearance
within 3 NM of the departure location and the pilot departs following
an FAA-approved obstacle departure procedure. This section is intended
to encourage IFR operations because of the safety benefits associated
with flights conducted under IFR. Section 135.613(a) establishes the
requirements when conducting an authorized instrument approach and
transitioning from IFR to VFR flight.
Section 135.613(a)(1) requires a flight visibility of 1 statute
mile (SM) and a ceiling based upon the minimums published on the
approach chart. This is applicable for Point-in-Space (PinS) Copter
Instrument approaches that are annotated with a ``Proceed VFR''
segment, and the distance from the missed approach point to the landing
area is 1 NM or less. The FAA proposes in Sec. 194.308(s)(1) that
Sec. 135.613(a)(1) only apply to powered-lift that are equipped and
certified to conduct these PinS approaches.
Section 135.613(a)(2) specifies the minimum ceiling and visibility
requirements for all instrument approaches if the missed approach point
to the landing area is 3 NM or less. These minimum ceiling and
visibility requirements are also applicable to PinS approaches which
contain a ``Proceed VFR'' segment where the missed approach point to
the landing area is greater than 1 NM but no greater than 3 NM. The FAA
noted in the Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations final rule that in most cases the rule permits
flight under less restrictive weather minimums than are currently
allowed for cruise flight in uncontrolled airspace.\413\ The ceiling
requirement of Sec. 135.613(a)(2) is less restrictive than that
required by Sec. 135.609(a), and the visibility requirement is
generally less restrictive than Sec. 135.609(a) as well. In the
Helicopter Air Ambulance final rule, when discussing permitting less
restrictive ceilings and visibilities, the FAA stated that obstacles in
the vicinity of an instrument approach are flight-checked and marked on
instrument approach charts. It is less likely that pilots would
encounter unexpected obstacles when following an instrument approach
chart.\414\
---------------------------------------------------------------------------
\413\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, Final Rule, 79 FR 9946 (Feb. 21, 2014).
\414\ Id.
---------------------------------------------------------------------------
The minimums currently prescribed for helicopters in Sec.
135.613(a)(2)(i) and (ii) would not allow a powered-lift to maintain an
acceptable level of obstacle and cloud clearances when conducting VFR
transitions to landing areas because of the anticipated time it will
take to transition from cruise flight to VTOL landing, as well as
speed, distance required to maneuver, and autopilot usage. Airplanes
are not able to use reduced VFR weather minimums when conducting these
types of maneuvers and applying these minimums is consistent with the
FAA's previous determination to require powered-lift to use airplane
weather minimums under part 91 as previously discussed in this NPRM.
Therefore, the FAA proposes in Sec. 194.308(s)(2) that a 1,000-foot
ceiling and 2 SM visibility for powered-lift day operations and a
1,500-foot ceiling and 3 SM visibility for powered-lift night
operations.
Section 135.613(b) addresses the departure minimums required for
transitions from VFR to IFR. Since the FAA proposes that powered-lift
will be required to use alternate powered-lift minimums for Sec.
135.613(a), the FAA proposes in Sec. 194.308(s)(3) powered-lift use
those same minimums for Sec. 135.613(b)(1) as well.
Section 135.615(a) requires helicopter air ambulance pilots to
perform pre-flight planning to determine the minimum safe cruise
altitude and to identify and document the highest obstacle along the
planned en route phase of flight prior to conducting VFR operations.
The pilot would use this minimum safe cruise altitude when determining
the minimum required ceiling and visibility for the planned flight.
This rule is intended to prevent obstacle collisions by requiring
pilots to be aware of the terrain and highest obstacles along a planned
route.\415\
---------------------------------------------------------------------------
\415\ Air Ambulance and Commercial Helicopter Operations, Part
91 Helicopter Operations, and Part 135 Aircraft Operations, Safety
Initiatives and Miscellaneous Amendments, 75 FR 62640, 62651 (Oct.
12, 2010).
---------------------------------------------------------------------------
[[Page 39048]]
The FAA anticipates many powered-lift, other than necessary for
takeoff and landing, in order to gain efficiencies in speed and range,
will prefer to utilize wing-borne flight as long as practical. Since
powered-lift will likely operate similar to an airplane in cruise
flight, they will require more time and distance to make corrections to
their flightpath to avoid other aircraft and obstacles. As a result,
the FAA analyzed whether applying the minimums under Sec. 135.203(a)
would be more appropriate for powered-lift conducting HAA operations
than the minimums outlined under Sec. 135.615. Section 135.203(a)
specifies the VFR minimum altitudes for airplane operations.
Specifically, Sec. 135.203(a)(1) requires an airplane be operated
during the day, at least 500 feet above the surface or no less than 500
feet horizontally from any obstacle. Additionally, Sec. 135.203(a)(2)
requires an airplane be operated at night at an altitude at least 1,000
feet above the highest obstacle within a horizontal distance of 5 miles
from the course intended to be flown or, in designated mountainous
terrain, at least 2,000 feet above the highest obstacle within a
horizontal distance of 5 miles from the course intended to be flown.
The FAA considered the similarities between airplanes and powered-lift
using wing-borne lift during the cruise portions of flight and asserts
that the airplane requirements contained in Sec. 135.203(a)(1) and (2)
are more suited for powered-lift than the helicopter minimums in Sec.
135.203(b). Accordingly, the FAA proposes minimums for powered-lift
operating under subpart L in Sec. 194.308(t)(1).
Whereas Sec. 135.203(b) requires no minimum VFR altitude for
helicopters, except over congested areas where 300 feet above the
surface is required, helicopters used in air ambulance operations are
required to maintain higher minimum VFR altitudes as stipulated in
Sec. 135.615(b)(1) and (2). Section 135.615(b)(1) and (2) require the
pilot in command of a helicopter to ensure all terrain and obstacles
along the route of flight are cleared vertically by no less than 300
feet during the day and 500 feet at night when conducting a VFR air
ambulance operation.
A minimum altitude that clears all terrain and obstacles along the
route of flight vertically by no less than the 500 feet during the day,
and at night 1,000 feet, except in mountainous terrain where 2,000 feet
will provide a sufficient distance from terrain and obstacles to ensure
the safe operation of powered-lift conducting air ambulance operations.
The FAA proposes in Sec. 194.308(t)(2) that to comply with the en
route altitude requirements of Sec. 135.615(b)(1) and (2), a powered-
lift conducting a VFR air ambulance operation clear all terrain and
obstacles along the route of flight vertically by the minimum altitudes
and horizontal distances specified in Sec. 135.203(a)(1) and (2).
Similarly, the FAA proposes the pilot in command of a powered-lift use
the minimum altitudes specified in Sec. 135.203(a)(1) and (2) when
making the determinations required by Sec. 135.615(a)(3).
The FAA also proposes in Sec. 194.308(u) that the pre-flight risk
analysis requirements contained in Sec. 135.617 apply to powered-lift.
This section details several items that must be documented in the
certificate holder's manual regarding pre-flight considerations, such
as human factors, weathers, and other critical considerations. The FAA
imposed these requirements for HAA because ``the FAA and the NTSB . . .
identified several accidents which may have been prevented had a
preflight risk analysis been completed. The NTSB concluded that
``implementation of flight risk evaluation before each mission would
enhance the safety of emergency medical services operations.'' \416\
The considerations that a certificate holder is required to take into
account for helicopter operations are equally important for operations
of powered-lift under subpart L.
---------------------------------------------------------------------------
\416\ Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations, Final Rule, 79 FR 9946 (Feb. 21, 2014),
citing NTSB, Special Investigation Report on Emergency Medical
Services Operations (NTSB/SIR-06/01) 4 (Jan. 25, 2006).
---------------------------------------------------------------------------
Section 135.619 sets out the requirements for an operations control
center. This regulation requires a certificate holder who is authorized
to conduct HAA with 10 or more helicopter air ambulances assigned to
the certificate holder's operations specifications to have an
operations control center. The FAA added the requirement for operations
control centers with the initial codification of Subpart L, stating the
level of operational complexity and management detail required for safe
operations is greater for certificate holders with 10 or more
helicopter air ambulances.\417\ The FAA determined that operational
complexity and management detail required for safe operations in the
dynamic environment envisaged by the air ambulance operations conducted
under Subpart L is not limited to only helicopters, but rather is
dependent on the number of aircraft authorized. Therefore, the FAA
proposes in Sec. 194.308(v) that any operator utilizing helicopters,
powered-lift, or any combination thereof, that total 10 or more of
these aircraft utilized in air ambulance operations would trigger the
requirements to have an operations control center as detailed in Sec.
135.619.
---------------------------------------------------------------------------
\417\ Id. at 62647.
---------------------------------------------------------------------------
The FAA also determined, as proposed in Sec. 194.308(w), that it
would be appropriate to apply the briefing requirements contained in
Sec. 135.621 for medical personnel to air ambulance operations that
occur in powered-lift. The FAA determined that it would not be
appropriate to relieve powered-lift operators from the briefing
requirements for medical personnel currently required for helicopter
operators, as powered-lift will be operating in the dynamic requirement
envisaged by subpart L.
2. Part 135 Airplane Rules Addressed in This SFAR
The FAA analyzed the part 135 regulations and identified airplane
rules appropriate to powered-lift operations. The FAA based this
determination on the ability of a powered-lift to operate in a manner
similar to airplanes. Additionally, the FAA considered the safety
aspects of the rule, whether or not powered-lift have similar operating
and performance characteristics to airplanes, such as wing-borne
flight, higher cruise speeds and operational altitudes. The FAA also
considered the similarities between airplanes and powered-lift in areas
such as takeoff and landing capabilities using wing-borne lift,
maneuverability, range and operating environment. In light of the
proposed changes to air carrier definitions in the Update to Air
Carrier Definitions NPRM, which will affect the applicability of this
part, the FAA assumes, in this rule, that all part 135 requirements
applicable to aircraft, generally, apply to powered-lift.
i. Subpart A: General
Subpart A prescribes requirements regarding the applicability,
manual requirements, aircraft requirements, and crewmember certificate
requirements for part 135. For those operators required to have a
manual, Sec. 135.23 specifies the required content for that manual. It
is essential for certificate holders of a certain size to have a manual
which sets forth their procedures and policies to ensure the safe
operation of the aircraft they use. The manual content requirements of
a Destination Airport Analysis as specified in Sec. 135.23(r) are only
required if the aircraft meets the thresholds set forth by Sec.
135.385, Large Transport Category Airplanes: Turbine
[[Page 39049]]
Engine Powered: Landing limitations: Destination Airports, as specified
for large powered-lift in Sec. 194.307(qq) and (rr).
The FAA proposes in Sec. 194.307(a) that if the requirements of
Sec. 135.385 are applicable to a specific powered-lift, then all of
the requirements of Sec. 135.23(r), and in particular, Sec.
135.23(r)(7) which currently only applies to airplanes, would be
applicable as well. This proposal will ensure that evaluation of any
inoperative equipment are included in the Destination Airport Analysis,
which is equally important for powered-lift as it would be for
airplanes required to comply with the performance requirements of Sec.
135.385. The FAA expects that powered-lift inoperative equipment would
affect the analysis of runway safety margins at destination airports.
ii. Subpart B: Flight Operations
Subpart B prescribes requirements for flight operations under part
135. Section 135.93 details minimum altitudes for use of an autopilot.
This section is applicable to all aircraft but contains many references
to an Airplane Flight Manual (AFM) in multiple paragraphs and, in
paragraph (g) excepts rotorcraft operations. The altitude requirements
of this section are in place to provide pilots with sufficient altitude
for obstacle clearance taking into consideration the reaction time
needed to disengage the autopilot and apply a corrective action should
an autopilot malfunction occur.
An example of a particularly critical autopilot malfunction is a
hard-over, which is when the autopilot pitch control channel commands a
full nose-down deflection of the pitch control surfaces of the
airplane. The FAA anticipates that powered-lift will conduct a majority
of their autopilot-controlled flight operations much like an airplane
(in wing-borne flight mode), with the lift being primarily produced by
the wings providing a greater forward velocity than a helicopter. The
safety measures of this rule, including any autopilot related
limitations contained in the powered-lift's flight manual, and not the
rotorcraft exception, should continue to apply to powered-lift to
ensure the pilot has sufficient altitude to recognize, react, and
recover from an autopilot induced malfunction. As a result, the
aircraft-generic autopilot requirements in Sec. 135.93(a) through (f)
apply to powered-lift, and the FAA proposes in Sec. 194.307(b) to
apply the requirements referencing the ``Airplane'' flight manual to
powered-lift, as reflected in a powered-lift's aircraft flight manual.
Section 135.100 details flightcrew member duties in relation to
critical phases of flight including all ground operations involving
taxi, takeoff and landing, and all other flight operations conducted
below 10,000 feet, except cruise flight. This rule was codified in 1981
for both parts 121 and 135 operations to improve safety by reducing
flightcrew member distractions caused by non-safety related duties and
activities being conducted during critical phases of flight.\418\
Regardless of the type of aircraft and the type of taxiing they do
(i.e., ground taxi, hover taxi), in order to maintain an equivalent
level of safety for all aircraft, including powered-lift, conducting
operations at an airport, all movement of any aircraft under its own
power at an airport must be done free of distraction from non-safety
related duties and activities.
---------------------------------------------------------------------------
\418\ Elimination of Duties and Activities of Flight Crewmembers
Not Required for the Safe Operation of Aircraft, 46 FR 5502 (Jan.
19, 1981).
---------------------------------------------------------------------------
In Sec. 135.100, a note states that taxi is defined as ``movement
of an airplane under its own power on the surface of an airport.'' FAA
ATC defines two means of taxiing for helicopters as hover taxi and air
taxi.\419\ Upon review of this regulation, the FAA determined that the
term taxi should not be limited to airplanes and should be applicable
to all aircraft conducting taxi maneuvers at an airport. The note at
the time of this rule did not conceptualize helicopters taxiing on
wheels on a taxiway as well as a potential for powered-lift that might
also be able to taxi in this manner. Powered-lift may have the design
and capability to taxi in a manner similar to airplanes, helicopters,
or both. The intent of the rule is to provide for a sterile cockpit
during critical phases of flight to improve safety by reducing
distractions, which is also applicable to powered-lift operations. As a
result, the FAA proposes amending the definition as a permanent change
in Sec. 135.100 to replace the word ``airplane'' with ``aircraft,''
making the section applicable to not only airplanes, but also
helicopters and powered-lift.
---------------------------------------------------------------------------
\419\ FAA Order 7110.65W (Dec. 10, 2015) Chapter 3, Section 11.
---------------------------------------------------------------------------
Section 135.128 regulates the use of safety belts and child
restraint systems. This section requires that each person onboard an
aircraft operated under part 135 occupy an approved seat or berth with
a separate safety belt properly secured about him or her during
movement on the surface, takeoff, and landing. For seaplane and float
equipped rotorcraft operations during movement on the surface, the
person pushing off the seaplane or rotorcraft from the dock and the
person mooring the seaplane or rotorcraft at the dock are excepted from
the seating and safety belt requirements.
In 1992 when the FAA published a final rule \420\ that revised
Sec. 135.128, it indicated that it agreed with a comment received
regarding seaplane operations, in that a pilot would be unable to moor
or launch a seaplane or a float equipped rotorcraft, unless a pilot or
passenger has their safety belt or shoulder harness unfastened so that
they can vacate their seat for the purpose of launching or mooring the
seaplane or float equipped rotorcraft. The same exception should also
apply to a powered-lift that is properly equipped to conduct operations
on water. The FAA proposes in Sec. 194.307(c) to apply the exception
delineated in Sec. 135.128(a) to powered-lift pilots or passengers
when the powered-lift is operating like a seaplane or a float equipped
rotorcraft.
---------------------------------------------------------------------------
\420\ Miscellaneous Operational Amendments, 57 FR 42662 (Sep.
15, 1992).
---------------------------------------------------------------------------
iii. Subpart C: Aircraft and Equipment
Subpart C prescribes requirements for aircraft and associated
equipment for operations under part 135. Section 135.145 sets out the
parameters and the requirements for the Proving and Validation Tests
that must be accomplished by a certificate holder. Proving tests are
necessary to evaluate each certificate holder's ability to conduct
operations safely and in accordance with the applicable regulations.
Proving tests under Sec. 135.145 consist of a demonstration of the
certificate holder's ability to operate and maintain certain aircraft
new to the operator's fleet or the certificate holder's ability to
conduct a particular kind of operation. Additionally, it is each
certificate holder's responsibility to show that they can operate each
of their aircraft safely and in compliance with the requirements of the
regulations and their procedures. Section 135.145(b) requires that a
certificate holder conduct proving tests in a turbojet airplane if they
have not previously proved a turbojet airplane. Powered-lift,
regardless of the powerplant, have additional complexity due to their
design and operation and that these features have not been available
and experienced by the civilian market to date. To ensure powered-lift
operate to the highest level of safety in part 135, the FAA is
proposing in Sec. 194.307(d) that if a certificate holder has not
previously proven a powered-lift in operations under part 135, they be
[[Page 39050]]
required to conduct at least 25 hours of proving tests acceptable to
the FAA as detailed in Sec. 135.145(b)(1) through (3).
The FAA requires validation testing for certain authorizations, and
for the addition of certain aircraft that were previously proved or
validated but are not of the same make or model, or of similar design.
The requirements of Sec. 135.145(d)(2) through (4) are not aircraft
specific and would apply to an operator utilizing powered-lift and
requesting authorization to conduct these types of operations. Section
135.145(d)(1) requires validation tests for the addition of an aircraft
that requires two pilots for flight in VFR conditions, or turbojet
airplanes. The FAA proposes in Sec. 194.307(e) that, for the same
reasons cited above for proving tests, validation testing required by
Sec. 135.145(d)(1) apply to all powered-lift. Therefore, the FAA
proposes validation testing be required when an operator requests
authorization to use a powered-lift, unless a powered-lift of the same
make or similar design has been previously proved or validated by that
operator in operations under part 135.
In 1989, the FAA revised the equipment requirements and moved them
into a new section, Sec. 135.150, which requires a public address and
crewmember interphone systems for aircraft that have a passenger
seating configuration of more than 19, excluding any pilot seat.\421\
The public address system required by Sec. 135.150(a) is generic to
all aircraft; however, under paragraph (a)(7), transport category
airplanes manufactured on or after November 27, 1990, must meet the
requirements of Sec. 25.1423. The crewmember interphone system
required by Sec. 135.150(b) is also generic to aircraft; however, for
large turbojet-powered airplanes, they must meet the additional
requirements contained in paragraph (b)(7). This section increases
airplane safety by facilitating the rapid evacuation of passengers
during emergency conditions. Section 135.150 works in conjunction with
Sec. 25.1423, which requires any public address (PA) system that is
required for use in air carrier service to be powered by a source that
remains powered when the aircraft is in flight or stopped on the
ground, after the shutdown or failure of all engines and auxiliary
power units, or the disconnection or failure of all power sources
dependent on their continued operation. Additionally, the PA system
must incorporate specific design features, accessibility requirements,
and be able to operate for a specified period of time. The crewmember
interphone system requirement established in Sec. 135.150(b) was
originally promulgated to ensure the safety and security of
passengers.\422\ The FAA noted that an aircraft of more than 19
passenger seats was of the size that would benefit from the safety
advantages of having a crewmember interphone and public address system
installed.\423\ A powered-lift with more than 19 passenger seats will
also benefit from a crewmember interphone and PA system. Additionally,
due to the design features of some powered-lift, such as multiple
rotating blade assemblies, it will be essential for the flightcrew to
be able to communicate with the cabin crew and passengers during an
emergency evacuation. This will promote safe, effective evacuations of
these aircraft. The FAA proposes in Sec. 194.307(f) that for large
powered-lift, the public address system required by Sec. 135.150(a)(7)
comply with Sec. 25.1423 or such airworthiness criteria as the FAA may
find provide an equivalent level of safety in accordance with Sec.
21.17(b). Additionally, the FAA proposes in Sec. 194.307(g) that for
large powered-lift that have more than 19 passenger seats, regardless
of the type of powerplant, the crewmember interphone system comply with
the requirements of Sec. 135.150(b)(7) or such airworthiness criteria
as the FAA may find provide an equivalent level of safety in accordance
with Sec. 21.17(b). The FAA acknowledges that while no powered-lift
that have more than 19 passenger seats are currently undergoing type
certification such aircraft may be developed in the future.
---------------------------------------------------------------------------
\421\ See Independent Power Source for Public Address System in
Transport Category Airplanes, 54 FR 43922 (Oct. 27, 1989).
\422\ Independent Power Source for Public Address System in
Transport Category Airplanes, 54 FR 43926 (Oct. 27, 1989).
\423\ Id.
---------------------------------------------------------------------------
Section 135.151 requires cockpit voice recorders (CVRs) on certain
turbine-powered airplanes and rotorcraft. CVRs enhance safety and are
required in turbine-powered airplanes and rotorcraft carrying a certain
passenger count as a necessary hazard analysis tool used during an
accident investigation. The FAA asserted as early as 1978 that
consideration should be given to requiring Ground Proximity Warning
Systems (GPWS), CVR, and FDR equipment on turbojet-powered airplanes
with 10 or more passenger seats due to the complexity and high-
performance characteristics of those airplanes.\424\ CVRs provide
accident investigation information that is unattainable from any other
source, with valuable auditory information such as sounds captured in
the cockpit. These sources of information aid in determining causal and
contributing factors in accident and incident investigation. Amendments
issued in response to NTSB recommendations as well as congressional
mandates identify the FAA's broader responsibility to apply these
appropriately to all aircraft with certain seating capacities.\425\
---------------------------------------------------------------------------
\424\ Air Taxi Operators and Commercial Operators, 43 FR 46759
(Oct. 10, 1978).
\425\ Cockpit Voice Recorders and Flight Recorders, Final Rule,
53 FR 26135 (Jul. 11, 1988).
---------------------------------------------------------------------------
Section 135.151(a) requires a multiengine, turbine-powered airplane
or rotorcraft having a passenger seating configuration of six or more
and for which two pilots are required by certification or operating
rules to be equipped with an approved cockpit voice recorder that meets
various CVR installation requirements provided by the airworthiness
standards for normal category airplanes or rotorcraft, or transport
category airplanes or rotorcraft, as applicable. Section 135.151(b)
requires a multiengine, turbine-powered airplane or rotorcraft having a
passenger seating configuration of 20 or more to be equipped with an
approved CVR that meets various CVR installation requirements provided
by the airworthiness standards for normal category airplanes or
rotorcraft, or transport category airplanes or rotorcraft, as
applicable. Both Sec. 135.151(a) and (b) further require that the
cockpit voice recorder be operated continuously from the use of the
check list before the flight to completion of the final check list at
the end of the flight.
Section 135.151(d) requires large turbine-powered airplanes
manufactured after October 11, 1991 to be equipped to record
uninterrupted audio signals received by a boom or mask microphone in
accordance with Sec. 25.1457(c)(5). Paragraph (d) also requires that
on these aircraft equipped to record the uninterrupted audio signals
received by a boom or a mask microphone, the flightcrew members must
use the boom microphone below 18,000 feet mean sea level.
Section 135.151(g) applies to aircraft manufactured on or after
April 7, 2010, which includes the caveat that if the aircraft is also
required to have a flight data recorder (FDR) under Sec. 135.152, then
the aircraft must have a CVR that meets the requirements listed in
paragraph (g)(1) (applicable to multiengine, turbine-powered airplanes
or rotorcraft with a passenger seating configuration of six or more
seats and for which two pilots are required by certification or
operating rules) or (g)(2) (applicable to multiengine, turbine-
[[Page 39051]]
powered airplanes or rotorcraft with a passenger seating configuration
of 20 or more seats). Such aircraft equipped with an FDR have different
requirements for cockpit voice recorders because the FAA found that,
for newly manufactured aircraft also required to have a flight data
recorder, ``evidence of benefit in changes to wiring systems that could
prevent inadvertent shutdown of power sources, and for an independent
power supply for CVRs.'' \426\
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\426\ Revisions to Cockpit Voice Recorder and Digital Flight
Data Recorder Regulations, 70 FR 9751 (February 28, 2005).
---------------------------------------------------------------------------
Section 135.151(h) applies to all airplanes and rotorcraft that are
required by this part to have a CVR and a FDR that also have datalink
communication equipment that was installed on or after December 6,
2010. For those aircraft, all datalink messages must be recorded.
For the same reasons the FAA imposed the CVR requirements for
certain airplanes and rotorcraft, the FAA proposes to require CVRs for
powered-lift with similar seating configurations and pilot
requirements. Specifically, the FAA proposes, regardless of the types
of powerplant, that powered-lift which have a passenger seating
configuration of six or more and for which two pilots are required by
certification or operating rules, or that have a passenger seating
configuration of 20 or more seats will be required to comply with
paragraph (a), (b), or (g), based upon the passenger seating
configuration and whether an FDR is required under Sec. 135.152. These
proposals are contained in Sec. 194.307(h), (i), (k), and (l). The FAA
also proposes in Sec. 194.307(j) and (m) that although paragraphs (d)
and (h) reference airplanes or rotorcraft, these paragraphs will also
apply to powered-lift to ensure they appropriately record uninterrupted
audio signals and that all datalink messages are recorded when
required. The FAA intends to include CVR airworthiness requirements
during type certification based on an applicant's proposed operational
needs. Operators will need to ensure that the CVR for each powered-lift
be installed and equipped in accordance with the certification
provisions listed in the applicable paragraph of Sec. 135.151 or such
airworthiness criteria as the FAA may find provide an equivalent level
of safety in accordance with Sec. 21.17(b).
The FAA is proposing in Sec. 194.307(n) to apply flight data
recorder requirements of Sec. 135.152 to powered-lift because of the
same rationale discussed previously for Sec. 135.151. Section
135.152(a) requires that a multiengine, turbine-engine powered airplane
or rotorcraft having a passenger seating configuration, excluding any
required crewmember seat, of 10 to 19 seats, that was either brought
onto the U.S. register after, or was registered outside the U.S. and
added to the operator's U.S. operations specifications after October
11, 1991, to be equipped with one or more approved flight recorders
that uses a digital method of recording and storing data and a method
of readily retrieving that data from the storage medium. Additionally,
this paragraph requires that the flight recorder must retain no less
than 25 hours of aircraft operation. The FAA proposes in Sec.
194.307(o) that a powered lift, regardless of the type of powerplant,
that otherwise meets the threshold requirements of this paragraph be
required to comply with this paragraph. However, paragraph (a)
specifies that the parameters for the flight recorder that must be
recorded are contained in part 135, appendix B or C, which are specific
to airplanes or rotorcraft. As discussed extensively throughout this
preamble, powered-lift are manufactured combining the design features
of an airplane and helicopter with complex systems. The FAA does not
have sufficient experience and knowledge of every possible design type
of powered-lift, as most powered-lift are still in development.
Accordingly, in place of appendices B and C to part 135,\427\ the
FAA has drafted new flight data recorder tables, which appear in
proposed Sec. Sec. 194.314 and 194.315,\428\ which outline the FDR
specifications for powered-lift under part 135. In developing these
tables, the FAA applied the FDR requirements from the airplane and
helicopter appendices to powered-lift, dependent on which operational
flight mode is in use (i.e., wing-borne flight mode or vertical-lift
flight mode). In addition, the FAA replaced helicopter-specific
nomenclature to accommodate powered-lift. For example, helicopter
flight controls, as written, describe pedals and collective controls,
which may not apply to powered-lift. In addition, the FAA changed the
terminology that provided directional controls for ``ascent and
descent''. Notwithstanding slight nomenclature changes within the
parameters, the FAA did not change the other information and numbers
within the appendices. The FAA invites comments on these draft tables
to ensure that the FAA has adequately addressed all of the requirements
for these novel aircraft.
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\427\ See appendix B to part 135, Airplane Flight Recorder
Specifications, and appendix C to part 135, Helicopter Flight
Recorder Specifications, 14 CFR part 135.
\428\ The SFAR tables are found in the regulatory text within
the SFAR amendment.
---------------------------------------------------------------------------
Section 135.152(b) applies to multiengine turbine-powered airplanes
having a passenger seating configuration of 20 to 30 seats and to
multiengine turbine-powered rotorcraft having a passenger seating
configuration of 20 or more seats. Paragraph (b) requires these
aircraft to be equipped with one or more approved flight recorders that
utilize a digital method of recording and storing data and a method of
readily retrieving that data from the storage medium. Additionally,
paragraphs (b)(1) and (2) provide the FDR parameters that are required
for aircraft type certificated before and after October 1, 1969. After
this date, the number of mandatory parameters an aircraft must record
are determined by the date of aircraft type certification of that
aircraft. Paragraph (b)(3) requires that the FDRs on the aircraft
referenced in paragraph (b) introductory text \429\ manufactured after
October 11, 1991, must record all the parameters outlined in appendix D
or E to part 135. Currently, the FAA is not aware of any powered-lift
designs that contain 20 or more passenger seats; however, should an
applicant seek to certificate a powered-lift with a passenger seating
configuration of 20 or more seats, the FAA proposes in Sec. 194.307(p)
that paragraphs (b) introductory text and (b)(3) apply to these
aircraft, regardless of the type of powerplant. Because the FAA does
not anticipate any powered-lift with this seating configuration to be
developed during the term of this SFAR, the FAA has determined it will
not create a new FDR table that addresses powered-lift of this size at
this time. For potential future rulemaking, the FAA welcomes input on
the FDR parameters that would be essential for a powered-lift of this
size.
---------------------------------------------------------------------------
\429\ As mentioned above, paragraph (b) applies to multiengine
turbine-powered airplanes with a passenger seating configuration of
20 to 30 seats and to multiengine turbine-powered rotorcraft with a
passenger seating configuration of 20 or more seats.
---------------------------------------------------------------------------
Section 135.152(c) requires that an installed flight recorder be
operated continuously from the instant the airplane begins the takeoff
roll or the rotorcraft begins the lift-off and until the airplane has
completed the landing roll or the rotorcraft has landed at its
destination. Powered-lift may perform takeoffs and landings similar to
airplanes or rotorcraft; accordingly, the FAA proposes in Sec.
194.307(n)(3) to apply the requirements of Sec. 135.152(c) to powered-
lift with a passenger seating configuration, excluding crewmember
seats, of 10 to 30, whenever the takeoff
[[Page 39052]]
roll or lift off begins and until the landing is completed.
Paragraph (d) in Sec. 135.152 requires the certificate holder to
keep certain recorded data for a specified time. Paragraph (d) requires
the certificate holder to keep the recorded data until the airplane has
been operating for at least 25 hours and, for a rotorcraft, 10 hours.
The difference in the amount of FDR recorded data required for
rotorcraft versus airplanes was because the FAA agreed that rotorcraft
typically operate short-haul flights and that a 10-hour requirement is
adequate for rotorcraft.\430\ Although the range is expected to be
closer to that of a rotorcraft, the precise range of future powered-
lift is uncertain and thus, conservatively, the FAA is proposing to
apply the 25-hour requirement currently applicable to airplanes.
Accordingly, the FAA has considered both recorded data requirements of
Sec. 135.152(d) and proposes in Sec. 194.307(n)(2) to require
certificate holders to keep the data until the powered-lift has been
operating for at least 25 hours. This requirement would be applicable
to powered-lift with a passenger seating configuration, excluding
crewmember seats, of 10 to 30.
---------------------------------------------------------------------------
\430\ Cockpit Voice Recorders (CVR) and Flight Recorders, 53 FR
26134 (Jul. 11, 1988).
---------------------------------------------------------------------------
The FAA has determined that Sec. 135.152(e) is already applicable
to powered-lift because it applies to aircraft; accordingly, in the
event of any accident or occurrence that requires the immediate
notification of the NTSB and that results in the termination of the
flight, the certificate holder must remove the recording media from the
powered-lift and keep the recorded data for at least 60 days or for a
longer period, if requested by the NTSB or the FAA.
Paragraph (f)(1) of Sec. 135.152 imposes requirements for FDR
systems installed on airplanes manufactured on or before August 18,
2000, and ``all other aircraft.'' Notwithstanding this description,
paragraphs (a) and (b) state that Sec. 135.152 only applies to certain
airplanes and rotorcraft with passenger seating configurations between
10 and 30 seats. Paragraph (f)(2) imposes requirements for FDR systems
installed on airplanes manufactured after August 18, 2000. As indicated
in previous discussions, the flight recorder must be installed and
equipped in accordance with the appropriate certification provisions
listed in Sec. 135.152 or such airworthiness criteria as the FAA may
find provide an equivalent level of safety in accordance with Sec.
21.17(b). In addition to the installation requirements, paragraphs
(f)(1) and (2) both require a correlation to be established between the
values recorded by the FDR and the corresponding values being measured.
Establishing a correlation for the required parameters is essential to
derive meaningful data for the recorded digital signal from the FDR.
This correlation converts the recorded basic digital signal into
engineering units so when the recorder is downloaded, the data will be
certified to provide accident investigators and operators information
that is representative of the actual aircraft system units such as
degrees of pitch, roll or yaw; altitude in feet; and airspeed in knots
instead of the recorded digital signal format. Without this correlation
document, accident and incident investigators or operators will not be
able to derive meaningful information from the FDR. Operators must have
this correlation information readily available for the aircraft they
operate. Therefore, the FAA proposes in Sec. 194.307(n)(1) that
paragraphs (f)(1) and (2) apply to powered-lift that are otherwise
required by this section to have an FDR installed. This requirement
will help ensure the FDR systems are installed adequately and the
appropriate correlations are established. Because the specific
parameters for compliance with paragraph (f) will be established
through the type certification process for each powered-lift, specific
compliance with this paragraph will be established in accordance with
the airworthiness criteria for the aircraft.
Paragraph (g) requires each flight recorder required under Sec.
135.152 that records the data specified in paragraphs (a) and (b) \431\
to have an approved device to assist in locating that recorder under
water. As explained above, the FAA proposes applying paragraphs (a) and
(b) to powered-lift with a passenger seating configuration of 10 to 19
seats or with a passenger seating configuration of 20 to 30 seats,
respectively. Because paragraphs (a) and (b) apply to powered-lift,
paragraph (g) would also apply, thereby helping to ensure the recorder
is found if a powered-lift has an accident or occurrence into water.
---------------------------------------------------------------------------
\431\ Paragraphs (a) and (b) require the flight recorders to use
a digital method of recording and storing data and a method of
readily retrieving that data from the storage medium. These
paragraphs also require the recorder to record the parameters
outlined in the appropriate SFAR tables.
---------------------------------------------------------------------------
Paragraph (h) outlines the operational parameters that digital FDRs
must record as required under paragraphs (i) and (j). Examples of these
operational parameters include time, pressure altitude, indicated
airspeed, and pitch attitude. The operational parameters cover all
aircraft and are established to ensure the minimum parameters needed to
assist in determining probable cause are recorded when an information
source for those parameters is installed. This list, in conjunction
with the FDR tables proposed in Sec. Sec. 194.314 and 194.315, will
specify what parameters must be recorded and the ranges, accuracies,
resolutions, and recording intervals requirements of those parameters.
Accordingly, at this time, the FAA determined that all of the items in
this list apply to powered-lift that are required to have an FDR in
accordance with this section.
Paragraphs (i) and (j) apply to all turbine-engine powered
airplanes with a seating configuration, excluding any required
crewmember seat, of 10 to 30 passenger seats. Paragraph (i) is
applicable to aircraft manufactured after August 18, 2000, and limits
the required parameters to those listed in paragraphs (h)(1) through
(57); however, this paragraph does not apply as it is superseded by
paragraph (j) for aircraft manufactured after August 19, 2002.
Paragraph (j) applies to all turbine-engine powered airplanes
manufactured after August 19, 2002, with a seating configuration,
excluding any required crewmember seat, of 10 to 30 passenger seats and
requires the parameters listed in paragraphs (h)(1) through (88) \432\
to be recorded within the ranges, accuracies, resolutions, and
recording intervals specified in appendix F to part 135. As described
in the discussion of Sec. 135.152(b) above, the FAA is not aware of
any powered-lift designs that contain 20 or more passenger seats.
Notwithstanding, to the extent a manufacturer develops a powered-lift
with a passenger seating configuration of 20 or more seats, the FAA
proposes paragraph (j) apply to these aircraft, as well as to those
with 10-19 seats. Because the FAA does not anticipate any powered-lift
with this seating configuration to be developed during the term of this
SFAR, the FAA has determined it will not create a new FDR table that
addresses powered-lift of 20-30 passenger seats at this time. For
potential future rulemaking, the FAA seeks comment on the FDR
parameters that would be necessary for a powered-lift of that size.
Powered-lift with 10-19 seats would comply with the FDR tables
developed for this SFAR for operations under part 135, set forth in
proposed Sec. Sec. 194.314 and 194.315.
---------------------------------------------------------------------------
\432\ As explained below, the FAA proposes permanently amending
paragraph (j) to cross-reference paragraph (h) instead of paragraph
(a).
---------------------------------------------------------------------------
While considering the FDR requirements of Sec. 135.152, the FAA
[[Page 39053]]
became aware of the need for a technical correction in paragraph (j),
which cross-references the operational parameters that must be recorded
for turbine-engine powered airplanes with a seating configuration of 10
to 30 passengers seats. Currently, paragraph (j) references the
parameters in paragraphs (a)(1) through (88); however, the parameters
are enumerated under paragraph (h) not paragraph (a). Moreover, the
proposed rule that added these parameter requirements explained that
Sec. 135.152(j) would require the above-referenced airplanes ``to
record the parameters listed in paragraph (h)(1) through (88) of this
section''.\433\ The FAA is proposing to correct the cross-reference in
paragraph (j) to refer to paragraphs (h)(1) through (88).
---------------------------------------------------------------------------
\433\ Revisions to Digital Flight Data Recorder Rules, NPRM, 61
FR 37144, 37156 (Jul. 16, 1996).
---------------------------------------------------------------------------
Paragraph (l) does not apply to powered-lift because it applies to
``all aircraft manufactured before April 7, 2010''; however, paragraph
(m) applies to all aircraft manufactured on or after April 7, 2010, and
that are required to have a FDR installed. This paragraph requires
these aircraft to have a FDR installed that also meets the
certification requirements under Sec. 23.1459 or Sec. 25.1459 that
were not included in paragraph (f)(2). As indicated in previous
discussions, the installation requirements for FDRs on powered-lift
will be established through the type certification process as set forth
in Sec. 21.17(b). In general, Sec. 135.152(m) requires that all
aircraft FDR systems receive electrical power from the bus that
provides the maximum reliability for operation of the FDR without
jeopardizing service to essential or emergency loads; that the FDR
remains powered for as long as possible without jeopardizing emergency
operation of the aircraft; that any single electrical failure external
to the FDR does not disable both the CVR and the FDR; and they provide
requirements for installation of combined flight data and CVRs. These
requirements are applicable to powered-lift because they ensure the
data essential for post-accident or incident investigation are reliably
recorded during all foreseeable accident or incident scenarios.
Section 135.154 requires turbine-powered airplanes to be equipped
with TAWS. These types of systems were previously known as Ground
Proximity Warning Systems (GPWS) and then Enhanced Ground Proximity
Warning Systems (EGPWS). TAWS equipment is broken down into 2 different
classes: Class A TAWS and Class B TAWS. Class A TAWS equipment is
required for airplanes operated under parts 121 and 135 configured with
10 or more passenger seats. Class B TAWS equipment is required for
airplanes operated under part 135 with a passenger seating
configuration of 6 to 9 seats. In addition to TAWS, HTAWS are currently
only required in HAA operations.
The FAA promulgated Sec. 135.154 in response to several NTSB
recommendations resulting from accidents involving controlled flight
into terrain (CFIT).\434\ Additionally, multiple DOT Volpe National
Transportation Systems Center (VNTSC) studies found that GPWS and EGPWS
equipment could be a particularly effective means of preventing CFIT
accidents.\435\ After the GPWS rules were issued, advances in terrain
mapping technology permitted the development of a new type of GPWS that
provides greater situational awareness for flight crews--TAWS.
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\434\ Terrain Awareness and Warning System, 65 FR 16737 (Mar.
29, 2000).
\435\ Id.
---------------------------------------------------------------------------
TAWS improved on the existing GPWS systems by providing the flight
crew with earlier aural and visual warnings of impending terrain. Class
A and B TAWS incorporate a forward-looking capability. In addition,
Class A TAWS equipment includes current GPWS-required functions and
provides the pilots with a visual representation of the impending
terrain by use of a display unit.\436\ These improvements in TAWS
provide the flight crew with more time and greater situational
awareness to enable them to take positive corrective actions. HTAWS,
like Class A TAWS, provides a display unit for the pilots to see a
visual depiction of the terrain ahead. Both Class A and B TAWS units
look farther ahead of the airplane and provide terrain and obstacle
alerts sooner than the HTAWS alerts. In addition, both Class A and B
TAWS units provide a greater terrain clearance in comparison to HTAWS.
---------------------------------------------------------------------------
\436\ Display units in Class B TAWS are not required.
---------------------------------------------------------------------------
With the greater terrain clearance and farther look ahead of TAWS,
for certain operations, there is the potential of low altitude nuisance
alerts in rotorcraft or powered-lift operations because this equipment
is designed for forward flight of an airplane rather than the flight
characteristics of a rotorcraft or powered-lift. Nuisance alerts can be
dangerous because they may dilute the effectiveness of TAWS when a
pilot inhibits or ignores repetitive alerts. These nuisance alerts can
also become a distraction especially when a pilot is in a high workload
or emergency situations where the pilot's attention and ability to
respond may be compromised, such as during approach and landing phases
of flight. Compared to TAWS, HTAWS would be more likely to reduce
nuisance alerts because the HTAWS units use a closer-in look at the
terrain rather than looking farther out like the TAWS units. This is an
important distinction considering the high-performance characteristics
and the anticipated low altitude operating environment in which
powered-lift are likely to operate.
Powered-lift operate in a manner similar to airplanes in cruise
flight and conduct take-off and landing operations similar to
helicopters. However, the FAA expects the transition of a powered-lift
from cruise flight to vertical flight will not be instantaneous,
regardless of the type of powerplant. The current TAWS and HTAWS,
individually, are not a complete solution for powered-lift that operate
similar to both airplanes and helicopters. Although there is no
specification yet developed that incorporates the features of both TAWS
and HTAWS in a single unit, the FAA would consider a hybrid system in a
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical flight modes of operation for
compliance with Sec. 135.154. The FAA has determined that without a
TAWS A/HTAWS hybrid system, and until a TAWS specification is developed
specifically for powered-lift, the current HTAWS specification, which
requires a terrain display unit, would provide the best level of safety
without an undue number of nuisance alerts. To ensure that powered-lift
engaged in air carrier operations will be operated at the highest
possible degree of safety, as required by 49 U.S.C. 44701(d)(1)(A), the
FAA proposes in Sec. 194.307(q) that powered-lift having a passenger
seating configuration, excluding any pilot seat, of 6 or more be
equipped with a HTAWS that meets the requirements in Technical Standard
Order (TSO) C194 and Section 2 of RTCA DO-309, as prescribed for
helicopters and contained in Sec. 135.605, unless equipped with a FAA
approved TAWS A/HTAWS hybrid system.
In addition, the FAA proposes in Sec. 194.307(q) that Sec.
135.154(c) apply to powered-lift as they will be required to have an
aircraft flight manual that contains the appropriate procedures on the
use of this equipment and the proper flight crew reactions in response
to a HTAWS activation. This will ensure powered-lift equipped with
HTAWS or
[[Page 39054]]
an FAA approved TAWS A/HTAWS hybrid system are operated at a level of
safety that a terrain awareness system currently provides for
airplanes.
Section 135.158 requires transport category airplanes equipped with
a flight instrument pitot heating system to also be equipped with an
operable pitot heat indication system that complies with Sec.
25.1326.\437\ The FAA added this requirement for transport category
airplanes to provide greater assurance that pilots would be alerted
when the pitot heat was not operating and reduce the possibility of the
pilots relying on faulty flight data instrumentation indications for
aircraft control.\438\ On March 13, 1978, the FAA published the final
rule requiring pitot heat warning indicators on transport category
airplanes.\439\ This requirement was added to part 25 (Sec. 25.1326)
and to part 91 (Sec. 91.50).\440\ Existing part 135 operators were
required to comply with the requirements of Sec. 91.50, so a separate
rule specifically for part 135 was not required. On August 31, 1981,
the FAA published a final rule relieving general aviation operators of
transport category airplanes operated under part 91 from the
requirement to install a pitot heat indicating system citing that there
were no records of general aviation transport category airplane
accidents that were attributable to a pitot heating system
failure.\441\ In that rulemaking the FAA also stated that part 91
operations are not any less susceptible than operations conducted under
part 135 to the problems at which Amendment 91-148 was directed.
However, the FAA also stated that it holds part 135 operations to a
higher level of safety and there are stricter safety standards than
those placed on part 91 operations. As a result, the FAA added the
pitot heat warning indicator requirement into Sec. 135.158.\442\
---------------------------------------------------------------------------
\437\ Transport Category Airplanes--Pitot Heat Indication
Systems, Final Rule, 46 FR 43804 (Aug. 31, 1981).
\438\ Transport Category Airplanes--Pitot Heat Indication
Systems, NPRM, 43 FR 10338 (Mar. 13, 1978).
\439\ Id.
\440\ Id.
\441\ Transport Category Airplanes--Pitot Heat Indication
Systems, Final Rule, 46 FR 43804 (Aug. 31, 1981).
\442\ Id.
---------------------------------------------------------------------------
Section 135.158 was initially codified for transport category
airplanes, to ensure that the flight crew receives an indication when
the pitot heating system is not operating. Since the inception of this
rule in 1978, technological advances in aircraft display and control
systems, such as fly by wire, highly integrated glass cockpits, and
highly augmented advanced flight control systems which require accurate
sensory data, further justify the need for accurate pitot/static
information captured into the processing units on powered-lift. The FAA
anticipates that powered-lift will incorporate the technological
advances in aircraft display, will require highly augmented advanced
flight control systems, and will be capable of operations in conditions
conducive to icing. Accordingly, the FAA proposes in Sec. 194.307(r)
that Sec. 135.158 apply to all powered-lift that have a required pitot
heating system installed.
The FAA adopted Sec. 135.159 in 1986 as a result of the Rotorcraft
Regulatory Review Program.\443\ The requirement for a gyroscopic rate-
of-turn indicator is required for aircraft carrying passengers under
VFR at night or under VFR over-the-top except as provided in Sec.
135.159(a)(1) through (3).\444\ Amendments to Sec. 135.159 updated the
airworthiness and operating requirements to reflect advanced technology
being incorporated in current designs while maintaining an acceptable
level of safety.\445\ These amendments also included related changes to
the general and air taxi operating rules, including an exception under
Sec. 135.159(a)(1) and (2) allowing a third attitude indicator in lieu
of a gyroscopic rate-of-turn indicator.\446\ These proposals arose from
the recognition, by both government and industry, that updated safety
standards are needed for an acceptable level of safety in the design
requirements for airplanes and helicopters that are used in both
private and commercial operations. The rule provides that flight
instrument systems with a third attitude indicator need not include the
gyroscopic rate-of-turn indicator. Allowing a third attitude indicator
with a dedicated power supply to replace the gyroscopic rate-of-turn
indicator relieves the burden on the manufacturer and allows safer
operations because attitude indicators provide both aircraft bank and
pitch information to the pilot, thus increasing aircraft control and
safety as compared to only a gyroscopic rate-of-turn indicator.
---------------------------------------------------------------------------
\443\ Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40695 (Nov. 7, 1986).
\444\ VFR over-the-top, with respect to the operation of
aircraft, means the operation of an aircraft over-the-top under VFR
when it is not being operated on an IFR flight plan.
\445\ Small Airplane Airworthiness Review Program Amendment No.
5, 55 FR 43306 (Oct. 26, 1990).
\446\ Id.
---------------------------------------------------------------------------
Because powered-lift will be operated much like a traditional
airplane in cruise flight, the FAA proposes in Sec. 194.307(s) that
the exception detailed in Sec. 135.159(a)(1) should also apply to
powered-lift. Conversely, given the similarities of powered-lift and
traditional airplanes during cruise flight, the FAA does not propose to
apply the helicopter-specific paragraphs prescribed in Sec.
135.159(a)(2) and (3) to powered-lift. For more information on this
topic, please refer to the discussion in section VI.A regarding the
applicability of Sec. 91.205(d).
Section 135.165 details communication and navigation equipment for
extended over-water or IFR operations. This section is general to
aircraft except for Sec. 135.165(d) and (g)(1) which are specific to
airplanes. In the final rule published in 1978, the FAA summarized the
equipment requirements listed in Sec. 135.165 as essential to safety
of extended over-water and IFR operations, and for maintaining
communications during these operations.\447\
---------------------------------------------------------------------------
\447\ Regulatory Review Program; Air Taxi Operators and
Commercial Operators, 43 FR 46742 (Oct. 10, 1978).
---------------------------------------------------------------------------
Paragraph (d) contains the communication equipment requirement for
turbojet airplanes that have a passenger seat configuration, excluding
any pilot seat, of 10 seats for more, or for a multiengine airplane
used in commuter operations. Although this paragraph specifies
airplanes, the FAA determined that this paragraph should also apply to
powered-lift with a passenger seating configuration, excluding any
pilot seat, of 10 seats or more, or a powered-lift used in commuter
operations, regardless of the type of powerplant, as proposed in Sec.
194.307(t).
Paragraph (g) provides for extended over-water exceptions that
allow the use of a single long-range navigation and single long-range
communication system in certain geographic areas as authorized by the
FAA. A list of operational factors the FAA may consider is listed in
paragraph (g)(1) through (3) of this section. Although paragraph (g)(1)
uses the term airplane, the FAA proposes in Sec. 194.307(u) to extend
the ability to request that exception to powered-lift that are able to
conduct extended over-water operations.
The FAA proposes that paragraphs (d) and (g)(1) apply to powered-
lift, as previously described. Powered-lift operate like airplanes
while in cruise flight, and any powered-lift that triggers the
threshold for applicability of this
[[Page 39055]]
section should be operated at the same level of safety as an airplane.
This will ensure powered-lift will be able to communicate as required
during IFR and extended over-water flights.
Section 135.169 provides for additional airworthiness requirements
for large airplanes, or small airplanes with a passenger-seating
configuration of 10 or more seats. These airplanes are held to a higher
airworthiness safety standard either through aircraft certification
basis or certain other regulatory standards or requirements. This
regulation also has certain rules about the material used as a liner
for cargo or baggage compartments. The preamble from the final rule
promulgating this regulation states that the purpose of the rule was to
ensure that airplanes of this size used in part 135 operations met a
higher level of airworthiness standards for equipment and materials
used.\448\ Powered-lift will spend their cruise portion of flight
similar to airplanes, including the in-flight environment in which they
operate. When a powered-lift is configured with 10 or more passenger
seats or is large, the persons riding on that aircraft should be
afforded the same level of safety afforded to them if they were a
passenger in an airplane. At this time, the FAA has not identified a
reason to differentiate between airplanes and powered-lift when it
relates to the safety standards required by this section as detailed
below.
---------------------------------------------------------------------------
\448\ See Air Taxi and Commercial Operators, 42 FR 43490 (Aug.
29, 1977).
---------------------------------------------------------------------------
Section 135.169(a) applies to large airplanes and requires them to
meet the additional airworthiness requirements of Sec. Sec. 121.213
through 121.283 and 121.307. Section 121.213 no longer exists;
Sec. Sec. 121.215 through 121.283 provide additional airworthiness
requirements for aircraft equipment and materials (e.g., materials for
the cabin interior, internal doors, fuel valves, fire walls, and lines
and fittings). Section 121.307 requires certain engine instruments such
as a carburetor air temperature indicator, fuel pressure indicator, and
manifold pressure indicator. The FAA proposes in Sec. 194.307(v) to
require a large powered-lift to comply with appropriate certification
provisions listed in Sec. 135.169(a) or such airworthiness criteria as
the FAA may find provide an equivalent level of safety in accordance
with Sec. 21.17(b), as previously discussed in section IV.A of this
preamble.
Section 135.169(b) applies to operators of small airplanes that
have a passenger seating configuration, excluding pilot seats, of 10
seats or more and requires certain type certifications for these
aircraft. The FAA has determined that paragraphs (b)(2) through (7)
would not be applicable to powered-lift, as these aircraft are new
designs and would be required to meet the latest aircraft certification
safety standards. The remaining provisions in paragraph (b)--paragraphs
(b)(1) and (8)--were determined to be applicable to powered-lift.
Paragraph (b)(1) requires the airplane be certificated in the transport
category, and paragraph (b)(8) requires certification in the normal
category as a multi-engine certification level 4 airplane as defined in
part 23. The FAA proposes in Sec. 194.307(w) that small powered-lift
with a passenger seating configuration of 10 seats or more operating
under part 135 must comply with the applicable part 23 provisions
identified in Sec. 135.169(b)(8) or such airworthiness criteria as the
FAA may find provides an equivalent level of safety in accordance with
Sec. 21.17(b). The purpose of proposed Sec. 194.307(w) will ensure
that, at a minimum, a small powered-lift utilized in part 135
operations and carrying more than 10 passengers will achieve a
certification standard at least equivalent to the standard set forth in
Sec. 135.169(b)(8) or a higher standard.
Section 135.169(d) addresses cargo or baggage compartment
requirements of 200 cubic feet or greater volume in transport category
airplanes. The intent of Sec. 135.169(d) is to reduce the risk of fire
burning through the compartment liner and becoming uncontained by
requiring more flame-resistant materials.\449\ The FAA has determined
that ceiling and sidewall liner panels such as Kevlar or Nomex,
aluminum or glass fire reinforced resin should be required.
Accordingly, the FAA proposes in Sec. 194.307(x) for large powered-
lift that have a cargo or baggage compartment of 200 cubic feet or
greater, be required to meet the certification requirements of part 25,
appendix F, part III, or such airworthiness criteria as the FAA may
find provide an equivalent level of safety in accordance with Sec.
21.17(b). The FAA identified that the same benefits exist for ensuring
that large cargo or baggage compartments meet the certification
requirements of part 25 or equivalent for powered-lift as exist for
airplanes.
---------------------------------------------------------------------------
\449\ See Fire Protection Requirements for Cargo or Baggage
Compartments, Final Rule, 54 FR 7384 (Feb. 17, 1989).
---------------------------------------------------------------------------
Section 135.170 lists the requirements for materials used in the
compartment interiors of specific airplanes as denoted in this rule.
The flammability requirements are tied to the number of seats in the
airplane to increase survivability in the case of an in-cabin fire.
These regulations were promulgated for airplanes because there were far
fewer helicopters that had a similar number of seats, and due to the
performance characteristics of airplanes, descent, landing, and
evacuation would take longer in an airplane than in a helicopter with a
similar number of seats. Some powered-lift may be able to transition to
landing quickly; however, others may have descent, landing, and
evacuation times similar to airplanes.
Section 135.170(b) applies to large airplanes and specifies
additional airworthiness requirements that must be met. To maintain a
high level of safety, and until the FAA has more experience with
commercial operations conducted with large powered-lift, the FAA
proposes in Sec. 194.307(y) and (z) that large powered-lift comply
with the applicable paragraphs of Sec. 135.170(b)(1) and (2). Powered-
lift must comply with appropriate certification provisions listed in
Sec. 135.170(b)(1) and (2) or such airworthiness criteria as the FAA
may find provide an equivalent level of safety in accordance with Sec.
21.17(b).
Section 135.170(c) details the requirements for thermal/acoustic
materials on transport category airplanes. For large powered-lift, the
FAA asserts that the flame propagation requirements applicable to
transport category airplanes should also be applicable. This will help
to ensure that persons or property carried on large powered-lift are
afforded the same safety provided to persons or property carried in
transport category airplanes. Accordingly, large powered-lift would be
required to comply with the provisions of Sec. 135.170(c). As proposed
in Sec. 194.307(aa), this section requires that large powered-lift
comply with Sec. 25.856 (Thermal/Acoustic insulation materials) or
such airworthiness criteria as the FAA may find provide an equivalent
level of safety in accordance with Sec. 21.17(b).
Section 135.173(a) requires aircraft, excluding helicopters
operating under day VFR conditions, that have a passenger seating
configuration, excluding any pilot seat, of 10 seats or more in
passenger-carrying operations to be equipped with either approved
thunderstorm detection equipment or approved airborne weather radar
equipment. Helicopters were excluded from this requirement for day VFR
[[Page 39056]]
flights in 1986.\450\ Though helicopters have less potential range than
airplanes, making it more difficult for helicopters to escape a weather
system once within one, helicopters are highly maneuverable and have
the capability to adjust altitude and direction rapidly. This enables
them to change altitude, airspeed, and direction rapidly in order to
circumnavigate or avoid a thunderstorm.
---------------------------------------------------------------------------
\450\ Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------
Section 135.173(b) is specific for helicopters and only requires
this equipment under night VFR when current weather reports indicate
that thunderstorms or other potentially hazardous weather conditions
that can be detected with airborne thunderstorm detection equipment may
reasonably be expected along the route to be flown. This equipment is
beneficial for night operations because considerable thunderstorm
activity occurs at night and this equipment aids in locating hazardous
unseen storm activity. This contributes to greater safety in operations
because it enables the pilot to detect and locate severe adverse
weather areas early. The equipment also enables the pilot to avoid
these areas or take other action necessary for safety of flight. The
FAA asserted that although a helicopter has the ability to land in
small areas and can use this ability to avoid hazardous weather
conditions, this advantage is not significant during VFR night
operations when a landing option may not be available, such as when
over water, forests, mountainous or congested areas, or when visibility
is restricted.\451\ Additionally, a helicopter is as susceptible to
thunderstorm hazards as the airplane if the pilot fails to avoid severe
weather areas.
---------------------------------------------------------------------------
\451\ Rotorcraft Regulatory Review Program Notice No. 5, 50 FR
10144 (Mar. 13, 1985).
---------------------------------------------------------------------------
The FAA has determined that the helicopter exception contained in
this regulation should not apply to powered-lift because these new
entrant aircraft are expected to operate similar to an airplane during
the en route phases of flight and at this point, the agency does not
have enough information about the operations of powered-lift to state
definitively whether they will have the agility and maneuverability of
a helicopter during the cruise portion of flight. Powered-lift will
likely require more time and space to recognize and successfully
maneuver out of the dangers associated with hazardous thunderstorm
activity. The FAA expects to gather more information about this during
the term of the SFAR.
Section 135.178 details additional emergency equipment applicable
to airplanes having a passenger seating configuration of more than 19
seats. Helicopters generally do not meet the threshold of having this
configuration. This section was implemented largely due to several
studies conducted by the Civil Aerospace Medical Institute (CAMI) on
exit row configurations and equipment necessary for the most efficient
emergency exit of the airplane in the case of emergency.\452\
---------------------------------------------------------------------------
\452\ See Improved Access to Type III Exits, 57 FR 19220 at
19245 (May 4, 1992).
---------------------------------------------------------------------------
The FAA anticipates that due to advances in technology, powered-
lift developed in the future could surpass the 19-passenger seating
configuration. The FAA proposes in Sec. 194.307(bb) that when a
powered-lift is operated while having a passenger seating configuration
of more than 19 seats this rule should be applicable because a powered-
lift that is able to carry more than 19 passengers should have the
requisite procedures and equipment to evacuate those passengers in the
event of an emergency such as is currently required for airplanes. As
proposed, this section requires that certain powered-lift meet specific
airworthiness requirements from part 25. Powered-lift must comply with
appropriate part 25 certification provisions listed in Sec. 135.169(a)
or such airworthiness criteria as the FAA may find provide an
equivalent level of safety in accordance with Sec. 21.17(b).
Section 135.179 contains the conditions required to take off an
aircraft with inoperable instruments or equipment, lists the Minimum
Equipment List (MEL) requirements, and what instruments and equipment
may not be contained within the MEL. The availability of a MEL in part
135 was introduced with the publication of the final rule on October
10, 1978.\453\ Until 1991, only multi-engine aircraft were permitted to
use a MEL, then the FAA published a final rule expanding the
availability of a MEL to any civil aircraft that can be operated under
part 135, including single-engine aircraft. The notice of proposed
rulemaking \454\ that is directly related to the 1991 final rule states
that the MEL provisions would apply to ``aircraft'' and that ``[t]he
FAA also proposes to amend the language of Sec. Sec. 135.179 and
125.201 to make them essentially the same as Sec. 121.628''.\455\ The
FAA notes that the mention of airplane in Sec. 135.179(b)(1) appears
to be an oversight in transcription and should actually reference
aircraft, as do the rest of the references in Sec. 135.179. This is in
contrast to Sec. 121.628, where all references are to airplane. Review
of the historical information for this rule reveals that the FAA's
original intent was for Sec. 135.179 to apply to ``any civil
aircraft,'' which includes powered-lift. As a result, the FAA proposes
to make a technical amendment to Sec. 135.179(b)(1) to reflect that
intent.
---------------------------------------------------------------------------
\453\ Air Taxi Operators and Commercial Operators, 43 FR 46770
(Oct. 10, 1978).
\454\ Minimum Equipment List Requirements, 54 FR 3320 (Jan. 23,
1989).
\455\ Minimum Equipment List Requirements, 56 FR 12311 (Mar. 22,
1991).
---------------------------------------------------------------------------
Section 135.180 was implemented to require traffic alert and
collision avoidance systems (TCAS) for turbine-powered airplanes that
have a passenger seat configuration, excluding any pilot seat, of 10 to
30 seats. TCAS uses nearby aircraft's transponder signals to alert
pilots to the danger of mid-air collisions. The FAA considered many
factors when determining which part 135 airplanes would be required to
be equipped with a TCAS.\456\ These factors included the relative
speed, size, and the number of passengers per airplane, as well as the
fact that these types of airplanes can operate in the same high density
terminal airspace as airplanes operating under part 121.\457\ The FAA
anticipates that certain powered-lift will have the same relative
speed, size, and passenger-carrying capacity of the airplanes that were
required to be equipped with TCAS. Additionally, the FAA anticipates
that some powered-lift will have the ability to operate in the same
airspace as other larger, high performance aircraft, including
airplanes operating under part 121. To afford the same level of safety
through the mitigation of potential mid-air collisions and their
devastating effects on persons and property onboard or in the same
airspace as powered-lift, the FAA is proposing in Sec. 194.307(cc)
that this section apply to powered-lift that have a passenger seat
configuration, excluding any pilot seat, of 10 to 30 seats.
---------------------------------------------------------------------------
\456\ Traffic Alert and Collision Avoidance System, 54 FR 951
(Jan. 10, 1989).
\457\ Id. at 951.
---------------------------------------------------------------------------
Powered-lift that are required to have TCAS will also be required
to have the content specified in Sec. 135.180(b) in the powered-lift's
aircraft flight manual. This will ensure that the persons operating a
powered-lift will have access to the appropriate procedures for the use
of the TCAS equipment, proper flightcrew action with respect to the
TCAS equipment, and an outline of all the input sources that must be
operating for proper TCAS operation.
[[Page 39057]]
iv. Subpart D: VFR/IFR Operating Limitations and Weather Requirements
Subpart D prescribes operating limitations for VFR/IFR flight
operations and associated weather requirements for operations under
part 135. Section 135.203 provides the VFR minimum altitude
requirements for airplanes and helicopters. The FAA established minimum
altitudes in the Civil Air Regulations (CAR) to ensure that a pilot had
sufficient altitude to enable safe maneuvering of the aircraft,
especially when encountered with an emergency situation, while still
ensuring the safety of persons and property on the surface. Different
minimum altitudes for airplanes and helicopters exist because the FAA
recognized that the special flight characteristics of a helicopter
enable it to accomplish an emergency landing in a small space compared
to an airplane. Additionally, the maneuverability of a helicopter
permits it to make corrective actions in less distance than most
airplanes; a helicopter is able to avoid obstacles at a closer range
and land in much more confined areas. This enables a helicopter to be
operated over congested areas at 300 feet above the surface without
compromising safety of persons or property on the surface.
The FAA anticipates many powered-lift, other than necessary for
takeoff and landing, in order to gain efficiencies in speed and range,
will prefer to utilize lift provided by the wing for as long as
practical. Since powered-lift will likely operate like an airplane in
cruise flight, they will require more time and distance to correct
their flightpath to avoid other aircraft and obstacles. Since a gliding
aircraft requires more space to conduct a safe landing, a gliding
powered-lift would require a higher altitude to provide the pilot more
time to select an appropriate off-airport landing site. Unlike other
aircraft categories, powered-lift have to make a transition from flight
on the rotors or other thrust devices to flight on the wing and vice
versa in order to conduct takeoff and landing operations. The FAA
expects the transition of a powered-lift from forward flight to
vertical flight would not be instantaneous, requiring additional time,
distance, and altitude that is unique from other categories of
aircraft. Although some powered-lift may be capable of performing an
emergency autorotation into a more confined space, the FAA anticipates
that additional altitude would increase the chances of a successful
outcome without undue hazard to persons or property on the surface. The
FAA is proposing in Sec. 194.307(dd) to apply the airplane minimum
altitude requirements of Sec. 135.203(a) to powered-lift. The FAA
anticipates learning more about powered-lift operational capabilities
and commonalities during the term of this SFAR.
Section 135.205 provides the visibility requirements for an
airplane or helicopter operating under VFR in uncontrolled airspace.
There is a wide range of powered-lift in development and the aircraft
produced will have a wide range of performance capabilities. Since
powered-lift will have the potential to fly at airspeeds higher than
rotorcraft, the FAA anticipates a powered-lift pilot will need the
additional visibility required for them to safely acquire other
aircraft and obstacles and to make appropriate corrective actions.
Additionally, a more conservative application of this rule is in the
public's best interest and should apply to powered-lift until such time
as the FAA has enough operational data to support reduced visibility
requirements. Accordingly, the FAA proposes in Sec. 194.307(ee) to
require powered-lift operating under VFR in uncontrolled airspace to
maintain the ceiling and visibility requirements detailed for airplanes
under Sec. 135.205(a).
Section 135.209 details that airplanes are required to have enough
fuel supply under VFR considering wind and forecast weather conditions
to reach the first point of intended landing at normal cruise fuel
consumption and then fly after that point for 30 minutes. At night,
this requirement increases to 45 minutes past the first point of
intended landing. Helicopters must have enough fuel to fly to the first
point of intended landing, considering wind and forecast weather
conditions, and to fly after that for at least 20 minutes regardless of
day or nighttime.
The FAA predicts that powered-lift will conduct cruise operations
in configurations similar to airplanes while conducting takeoff and
landing operations in a manner similar to helicopters. Because these
aircraft will predominately use wing-borne flight during cruise similar
to airplanes, the FAA anticipates that some powered-lift will have the
potential to fly at higher altitudes and speeds. Additionally, some
powered-lift may require more surface area to conduct a landing than a
helicopter, thereby reducing the number of available unplanned landing
sites, and would benefit from the additional fuel reserves required for
airplanes. Therefore, the FAA proposes in Sec. 194.307(ff) to require
powered-lift to adhere to the fuel reserves set forth in Sec.
135.209(a).
Section 135.221 provides the requirements for alternate airport
weather minimums. Paragraph (a) requires, for an aircraft other than
rotorcraft, that no person may designate an alternate airport unless
the weather reports or forecasts indicate the weather conditions will
be at or above authorized alternate airport landing minimums for that
airport at the estimated time of arrival. Authorized landing minimums
for these aircraft are specified in Operations Specification C055. The
FAA anticipates powered-lift will spend a majority of their flight time
in wing-borne flight and cruise at higher altitudes with the potential
for higher speeds than rotorcraft. As a result, the FAA determined the
provisions contained in Sec. 135.221(a) applicable to aircraft would
be best suited for powered-lift until such time the FAA receives data
that supports the application of the rotorcraft alternate airport
weather minimums as contained in Sec. 135.221(b). Accordingly, this
provision applies to powered-lift as drafted and the FAA does not
propose to apply the exception for rotorcraft in Sec. 135.221(b).
Section 135.223(a) requires aircraft to carry a 45-minute fuel
reserve and helicopters to carry a 30-minute fuel reserve. The 30-
minute fuel reserve requirement for helicopters was initially granted
under SFAR 29.\458\ Operations under SFAR 29 gave the FAA insight to
make a safety and risk analysis enabling SFAR 29 to be codified in
Sec. Sec. 91.167 and 135.223. The final rule language for Sec. 91.167
(and similarly for Sec. 135.223) noted that the FAA had gained
sufficient experience with operations conducted under SFAR 29 to
justify a reduction for minimum fuel reserve requirements for
helicopters.\459\ The FAA does not have sufficient experience to grant
relief for powered-lift fuel requirements at this time, and consistent
with the phased approach taken to provide additional fuel reserve
relief for helicopters, will retain the 45-minute fuel reserve
requirement and not apply the less restrictive helicopter minimum set
forth in Sec. 135.223(a)(3). The FAA may reevaluate the 45-minute
[[Page 39058]]
fuel reserve requirement once it has sufficient experience under this
SFAR.
---------------------------------------------------------------------------
\458\ The FAA promulgated SFAR No. 29 in 1975 to allow the
Administrator to issue approvals for rotorcraft IFR operations on an
interim basis pending the conclusion of a study to determine whether
the FAA should establish a ``limited'' IFR category for these
rotorcraft, including flight characteristics and equipment
requirements, operating procedures and limitations, flight crew
requirements, and training requirements. See FAA Study of Limited
IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975).
\459\ Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------
Section 135.225 contains requirements generally applicable to
aircraft performing instrument approaches to airports. Section
135.225(e) requires a PIC of a turbine powered airplane who has not
served at least 100 hours as PIC in that type of airplane to increase
the Minimum Descent Altitude (MDA) or Decision Altitude/Decision Height
(DA/DH) and visibility landing minimums by 100 feet and \1/2\ mile
respectively. This requirement has existed in part 135 since its
original codification in 1964.\460\ This requirement was initially
codified into 14 CFR parts 40, 41, and 42 with the publication of the
FAA's final rule on April 22, 1961.\461\ The FAA asserted that the safe
execution of an instrument approach to the lowest minimums requires the
highest degree of pilot familiarity with the airplane, its controls,
instruments, and performance characteristics, and that 100 hours of
experience in a new type of airplane as PIC in air carrier or
commercial operations is necessary in order to achieve this degree of
familiarity.
---------------------------------------------------------------------------
\460\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
\461\ IFR Landing Minimums for Pilots With Less than 100 Hours
as Pilot in Command in a Particular Type of Airplane, 26 FR 3460
(Apr. 22, 1961).
---------------------------------------------------------------------------
Although this requirement was implemented more than 61 years ago,
this familiarity requirement is still relevant to operations conducted
in airplanes today. The FAA ascertains that PICs of powered-lift should
also possess the highest degree of familiarity with their aircraft, its
controls, instruments, and performance requirements. The FAA also
determined that powered-lift's additional complexity required as the
aircraft transitions from winged to vertical flight during a critical
phase of flight requires that PICs of all powered-lift have the
increased MDA or DA/DH and visibility landing minimums as required by
Sec. 135.225(e). To maintain the level of safety currently afforded to
persons and property in the air and on the ground, the FAA proposes in
Sec. 194.307(gg) to require that the requirements of Sec. 135.225(e)
apply to PICs of any powered-lift.
Section 135.227 addresses the operating limitations in icing
conditions for airplanes and helicopters. Paragraph (a), which applies
to ``aircraft'' including powered-lift, states ``no pilot may take off
an aircraft that has frost, ice, or snow adhering to any rotor blade,
propeller, windshield, stabilizing or control surface; to a powerplant
installation; or to an airspeed, altimeter, rate of climb, flight
attitude instrument system, or wing, except that takeoffs may be made
with frost under the wing in the area of the fuel tanks if authorized
by the FAA.'' Section 135.227(a) applies to all aircraft and powered-
lift must comply with those requirements as written.
Paragraph (b) applies to airplane operations and requires
certificate holders to ensure their pilots receive the training
required by Sec. 135.341 when the conditions are such that frost, ice,
or snow may reasonably be expected to adhere to the airplane, if the
certificate holder authorizes takeoffs in ground icing conditions.\462\
This paragraph was included in the Training and Checking in Ground
Icing Conditions proposed rule. The FAA promulgated this rule in 1993
in response to part 135 accidents caused by pilots beginning a takeoff
with contamination adhering to critical airplane surfaces.\463\ The
NPRM cited a common thread throughout the accidents and incidents of
the pilot's apparent lack of awareness of the potential hazard from
even small amounts of frost, ice, or snow on the airplane wings and
controls surfaces. Paragraph (b) does not allow a certificate holder to
authorize an airplane to take off anytime conditions are such that
frost, ice, or snow may reasonably be expected to adhere to the
airplane unless one of the following requirements are met: (1) A
pretakeoff contamination check established by the certificate holder
and approved by the FAA for the specific airplane type has been
completed within 5 minutes prior to beginning the takeoff--this
pretakeoff contamination check is a check to ensure the wings and
control surfaces are free of frost, ice, or snow; (2) the certificate
holder has an approved alternative procedure which will determine the
airplane is free of frost, ice, or snow; or (3) the certificate holder
has an approved deicing/anti-icing program meeting the requirements of
Sec. 121.629.
---------------------------------------------------------------------------
\462\ Section 135.227 references training required by Sec.
135.341. Section 135.341(b) requires the training program for part
135 operators to include ground training for initial, transition,
and upgrade training. Section 135.345 specifies the required content
of initial, transition, and upgrade ground training. Specifically,
Sec. 135.345(b)(6)(iv) requires training on operating during ground
icing conditions (i.e., any time conditions are such that frost,
ice, or snow may reasonably be expected to adhere to the airplane),
if the certificate holder expects to authorize takeoffs in those
conditions.
\463\ Training and Checking in Ground Icing Conditions, 58 FR
49164 (Sept. 21, 1993).
---------------------------------------------------------------------------
The 1993 preamble states that the FAA's goal in this rulemaking was
twofold. First, as provided in part 121, to ensure pilots will be made
fully aware, through training, of the dangers involved in beginning
takeoff with contamination adhering to the airplane.\464\ Second, to
require pilots to accomplish one or more checks (pretakeoff and/or
pretakeoff contamination) prior to beginning takeoff. Requiring that a
pretakeoff contamination check is completed within 5 minutes prior to
beginning a takeoff is intended to provide an equivalent level of
safety to Sec. 121.629. Under paragraph (b)(2) of Sec. 135.227, the
FAA allows certificate holders to use an approved alternative procedure
to ensure their airplanes are free of frost, ice, or snow. The FAA
asserted in the preamble that the option to use an approved alternative
procedure was included to permit certificate holders to develop
alternative check procedures in lieu of the pretakeoff contamination
check. To ensure that any alternative check procedures will provide an
adequate level of safety, these procedures require FAA approval prior
to their use by the certificate holder. These procedures must be
specifically designed for the type of aircraft and the type of
operations in which they would be used.
---------------------------------------------------------------------------
\464\ Id. at 49166.
---------------------------------------------------------------------------
The FAA anticipates that some certificate holders operating
powered-lift will desire the ability to conduct takeoffs when the
conditions are such that frost, ice, or snow may reasonably be expected
to adhere to aircraft surfaces, provided the pilot has completed all
applicable training as required by Sec. 135.341 and they are able to
meet one of the requirements outlined in paragraphs (b)(1) through (3).
Therefore, the FAA proposes in the SFAR to apply these options to
certificate holders operating powered-lift.\465\ In addition to wings
and control surfaces, powered-lift may have other surfaces that are
negatively impacted by frost, ice, or snow adhering to those surfaces,
such as rotor blades. These other surfaces are considered critical
surfaces, which the manufacturer will identify during certification,
and which will be outlined in the Aircraft Flight Manual for that
aircraft. Any frost, ice, or snow adhering to a ``critical surface''
could have an adverse impact on the aircraft's ability to operate
safely. The FAA proposes that under the procedure referenced in
paragraph (b)(1), or any
[[Page 39059]]
approved alternative procedures referenced in paragraph (b)(2), a
powered-lift's wings, control surfaces, and other critical surfaces are
determined to be free of frost, ice, or snow. This will ensure that
powered-lift are operated at the highest level of safety during ground
icing conditions. Thus, the FAA proposes in Sec. 194.307(hh) that
paragraph (b) apply to certificate holders operating powered-lift when
either paragraph (hh)(1), (2), or (3) is met.
---------------------------------------------------------------------------
\465\ See section V.J of this preamble for a corresponding
proposal to apply the initial, transition, and upgrade ground
training requirements for operations in ground icing conditions,
specified in Sec. 135.345(b)(6)(iv), to powered-lift pilots if the
certificate authorizes takeoffs in ground icing conditions.
---------------------------------------------------------------------------
Section 135.227(c) includes the regulatory requirements for flight
into icing conditions, and it specifies that no pilot may fly under IFR
into known or forecast light or moderate icing conditions or under VFR
into known light or moderate icing conditions unless certain conditions
are met. Section 135.227(c)(1) requires the ``aircraft'' to have
functioning deicing or anti-icing equipment protecting each rotor
blade, propeller, windshield, wing, stabilizing or control surface, and
each airspeed, altimeter, rate of climb, or flight attitude instrument
system. The requirement applies to all aircraft; accordingly, any
powered-lift that intends to fly into the icing conditions specified
must have functioning deicing or anti-icing equipment.
Section 135.227(c)(2) and (3) are airplane-specific. The FAA will
not apply these paragraphs to powered-lift because paragraph (d)--which
applies to helicopters--serves the same purpose as paragraph (c) by
allowing flight into known or forecast light or moderate icing
conditions, discussed previously in further detail in section
VI.D.1.iii of this preamble.
Section 135.227(e) states no pilot may fly an aircraft into known
or forecast severe icing conditions unless that aircraft is an airplane
that has the ice protection provisions that meet section 34 of appendix
A, or those airplanes certificated under the airplane transport
category type certification. This paragraph is specific to airplanes
and references airplane certification requirements that airplanes must
meet to operate in known or forecast severe icing conditions. Severe
icing is defined in Advisory Circular 91-74B \466\ as the rate of ice
accumulation is such that ice protection systems fail to remove the
accumulation of ice and accumulation occurs in areas not normally prone
to icing, such as aft of protected surfaces and other areas identified
by the manufacturer. Due to the novel design of powered-lift, the FAA
lacks the research, operational experience, and certification criteria
for authorizing operation of these aircraft in severe icing conditions.
Until the FAA has sufficient data to authorize powered-lift to operate
in known or forecast severe icing conditions, the FAA does not propose
to allow powered-lift to fly into known or forecast severe icing
conditions as provided in Sec. 135.227(e). The FAA welcomes comments
including data regarding this proposal.
---------------------------------------------------------------------------
\466\ Available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-74B.pdf.
---------------------------------------------------------------------------
v. Subpart I: Airplane Performance Operating Limitations
Subpart I outlines the airplane performance operating limitations
applicable to large transport category, large nontransport category,
small transport category, and small nontransport category airplanes
with different types of powerplants. Although this subpart is airplane
specific, the FAA acknowledges in this SFAR that some powered-lift may
fit the definition of large aircraft, which is more than 12,500 pounds,
while others will be considered small aircraft, which are 12,500 pounds
or less. The FAA anticipates some powered-lift could operate similar to
an airplane during takeoff and landing and will routinely operate
similar to an airplane during horizontal flight. In those cases, the
powered-lift will be supported in flight by the dynamic reaction of the
air against their wings (termed wing-borne flight), as explained in
section VI.A.
The FAA anticipates that some powered-lift will only be able to
conduct VTOL operations, while others may have the ability to conduct a
takeoff or landing that depends on wing-borne lift--similar to an
airplane. For those powered-lift, some of the requirements of subpart I
would be applicable, and those that the FAA has determined would be
applicable are discussed in this section. Accordingly, for powered-lift
that can conduct takeoff and landings using wing-borne lift, the
performance data will be published in the aircraft flight manual and
will contain items such as: takeoff roll, takeoff distance, and landing
distance required. This will enable a pilot of a powered-lift to
determine that an adequate area is available to enable a safe takeoff
or landing. The FAA asserts that persons or property being transported
on powered-lift meeting the size and certification standards of this
subpart should be afforded the safety requirements of this subpart that
is currently afforded to those transported on airplanes.
This subpart also specifies requirements for transport category
airplanes. This SFAR will propose applicability of those transport
category requirements to large powered-lift, recognizing that the FAA
has not yet published a transport category certification standard for
powered-lift. As previously discussed in section IV.A of this preamble,
during the certification the FAA develops the certification criteria
for each individual powered-lift design. Due to the novel designs of
powered-lift and the varying capabilities of those aircraft, this could
require using a combination of the aircraft certification standards
from the various sections of parts 23, 25, 27, and 29.
Section 135.361 is an applicability regulation for airplane
performance operating limitations. This section also defines in
paragraphs (b) and (c) respectively, for the purposes of this subpart,
the terms ``effective length of the runway'' and ``obstruction
clearance plane.'' The FAA proposes in Sec. 194.307(ii) that the
sections of subpart I apply to powered-lift as delineated in each
section, regardless of powerplant type.
Section 135.363(a) through (e) contain a general outline of which
sections of subpart I apply to certain airplanes considering factors
such as: the size, type of powerplant, and certification basis for the
airplane. The FAA does not anticipate that there will be a large
powered-lift produced with a reciprocating engine, therefore paragraph
(a) will not be applicable. The FAA proposes in Sec. 194.307(jj) that
when a powered-lift meets the criteria established in paragraphs (b)
through (e), regardless of powerplant type, then the referenced
regulatory sections will be applicable.
Section 135.363(f) requires that the performance data in the
Airplane Flight Manual must be used in determining compliance with
Sec. Sec. 135.365 through 135.387. It also contains a provision to
allow the interpolation and for computing the effects of changes in
specific variables, as long as those calculations are as accurate as
the results of direct tests. Although this section specifies an
Airplane Flight Manual, the FAA asserts that any powered-lift that
meets the threshold, therefore requiring compliance as detailed in
Sec. Sec. 135.365 through 135.387, the powered-lift aircraft flight
manual will contain any applicable performance data. Additionally, the
FAA expects that the interpolation and computation that is permitted in
Sec. 135.363(f) could be accomplished for powered-lift without any
degradation of safety, just as it is allowed for airplanes. Therefore,
the FAA proposes in Sec. 194.307(kk) that if a powered-lift is
required to be in compliance with a section contained in
[[Page 39060]]
Sec. Sec. 135.365 through 135.387, then the provisions of Sec.
135.363(f) will apply.
Section 135.364 sets the requirement for a certificate holder
operating an airplane, other than an all-cargo airplane with more than
two engines, on a planned route that exceeds 180 minutes flying time
(at the one-engine-inoperative cruise speed under standard conditions
in still air) from an Adequate Airport outside the continental U.S.
unless the operation is approved by the FAA in accordance with appendix
G to part 135, Extended Operations (ETOPS). Although ETOPS is currently
applicable only to airplanes, the FAA anticipates that at some point a
powered-lift could be designed with the range capability where ETOPS
operations could be applicable, but likely not during the term of this
SFAR. Accordingly, the FAA will not propose to amend part 135, appendix
G, at this time or apply this regulation to powered-lift in this SFAR.
Section 135.379(a) requires that no person operating a turbine
engine powered large transport category airplane may take off that
airplane at a weight greater than that listed in the Airplane Flight
Manual. The calculation for determining that takeoff weight must
consider the elevation of the airport and the ambient temperature
existing at the time of takeoff. This regulation provides important
performance criteria to ensure that operators of an aircraft consider
the effects of altitude and temperature when determining the maximum
allowable takeoff weight. This is an important consideration because
aircraft performance is reduced as the altitude and the temperature is
increased. A takeoff in any aircraft should not be attempted, including
in powered-lift, if the weight of the aircraft is greater than that
listed in the Aircraft Flight Manual. These computations must include
the elevation of take-off and the ambient temperature at the time of
takeoff, which would also be applicable to large powered-lift. Section
135.379(b) is not applicable to powered-lift because of the date
restrictions on certification in that paragraph.
Section 135.379(c) sets requirements for turbine engine powered
large transport category airplanes certificated after August 29, 1959.
It requires that an airplane cannot takeoff at a weight greater than
that listed in the Airplane Flight Manual and lists specific
performance requirements, such as the takeoff run must not be greater
than the length of the runway, accelerate-stop distances, and required
takeoff distance. This ensures that the airplane does not require more
distance for its takeoff run than the available runway length, that the
airplane can stop during an aborted takeoff on either the runway or any
available stopway, and that there are no obstacles in the flightpath
during the initial portion of a takeoff and climb. These considerations
would also be applicable to large powered-lift utilizing wing-borne
lift for takeoff.
Section 135.379(d) requires that an airplane cannot takeoff at a
weight greater than that listed in the Airplane Flight Manual and lists
specific performance requirements for obstacle clearance in the takeoff
path (for airplanes certificated after August 26, 1957, but before
October 1, 1958) and takeoff flight path (for airplanes certificated
after September 30, 1958). This ensures that the airplane will clear
all obstacles within the airport boundaries during takeoff operations.
This restriction would also be applicable to large powered-lift.
Section 135.379(e) requires certain corrections to be considered
when determining maximum takeoff weights, minimum distances, and flight
paths under Sec. 135.379(a) through (d). These corrections are runway
used and gradient, airport elevation, ambient temperature, wind
component. Additionally, some airplane flight manuals require
corrections for wet runways, and when provided in the airplane flight
manual, wet runways with grooved or porous friction course surfaces.
These corrections are made to ensure that operators take all relevant
performance factors related to takeoff operations into account to
ensure that the airplane safely remains within its weight limitations
for a particular takeoff. This provision would also be relevant to
large powered-lift determining maximum takeoff weights, minimum
distances, and flight paths and that utilize wing-borne lift for
takeoff.
Section 135.379(f) sets two assumptions when calculating takeoff
performance: the airplane is not banked before reaching a height of 50
feet, and after that the maximum bank is not more than 15 degrees. This
ensures the airplane is operated at its maximum performance capability
during the initial phase of takeoff and climb. This provision would
also be applicable to powered-lift calculating takeoff performance
using wing-borne lift.
The FAA proposes in Sec. 194.307(ll) that paragraphs (a) and (d)
of Sec. 135.379 apply to large powered-lift. In addition, the FAA
proposes in Sec. 194.307(mm) that paragraphs (c), (e), and (f) of
Sec. 135.379 apply to large powered-lift and that utilize wing-borne
lift during takeoff and have the takeoff performance information
contained in the aircraft flight manual. The FAA finds that the
expected commonalities between transport category airplane and large
powered-lift operations warrant application of these provisions to
large powered-lift. The accelerate-stop distance set forth in Sec.
135.379(c)(1) must either meet Sec. 25.109 or such airworthiness
criteria as the FAA may find provides an equivalent level of safety in
accordance with Sec. 21.17(b).
Section 135.381(a) specifies that a person operating a turbine
engine powered large transport category airplane must takeoff at a
weight, allowing for normal consumption of fuel and oil, which will
ensure that the airplane with one engine inoperative will clear all
terrain and obstructions within its flightpath, which also includes a
horizontal and vertical safety area. Paragraph (b) lists six
assumptions that must be considered when computing the net flight path
and required horizontal and vertical safety areas required by Sec.
135.381(a)(2). Large powered-lift will conduct en-route operations
similar to transport category airplanes and this important safety
criteria should apply if one engine were to become inoperative thereby
ensuring they remain clear of all terrain and obstructions within their
flightpath, including the required horizontal and vertical safety
areas. The FAA proposes in Sec. 194.307(nn) that this section be
applicable to large powered-lift.
Section 135.383(c) specifies that a person operating a turbine
engine powered large transport category airplane on an intended route
will ensure that the airplane is no more than 90 minutes away from an
alternate airport, or with two engines inoperative will clear all
terrain and obstructions within its flightpath, which also includes a
horizontal and vertical safety area. Large powered-lift will conduct en
route operations similar to airplanes and this important safety
criteria should apply if two engines were to become inoperative thereby
ensuring they remain clear of all terrain and obstructions within their
flightpath, including the required horizontal and vertical safety
areas. Additionally, this section contains assumptions that must be
considered when computing the net flight path, required horizontal and
vertical safety areas and fuel requirements, as listed in Sec.
135.383(c)(2). Having alternate airports planned along the route is
essential for en route operations. Therefore, the FAA proposes in Sec.
194.307(oo) that both Sec. 135.383(c)(1) and (2) apply to large
powered-lift.
Section 135.385(a) stipulates that no person operating a turbine
engine
[[Page 39061]]
powered large transport category airplane may take off at a weight that
(allowing for normal consumption of fuel and oil in flight to the
destination or alternate airport) if the weight of the airplane on
arrival would exceed the landing weight as contained in the Airplane
Flight Manual taking in consideration the elevation of the destination
or alternate airport and the ambient temperature anticipated at the
time of landing. This regulation establishes important pre-takeoff
planning criteria that must consider the maximum landing weight at the
destination or alternate airport to ensure that the airplane is at a
weight that will allow a landing that is within the performance
capabilities of that aircraft. This regulation does not allow a turbine
engine powered large transport category airplane to takeoff at a weight
that would cause it to exceed the maximum landing weight at either the
destination or alternate airport. This section is intended to ensure an
airplane will not arrive overweight for landing, and the subsequent
paragraphs (b) through (f) detail what factors must be applied when
determining the required landing distances, and these considerations
are equally applicable to large powered-lift. Therefore, the FAA
proposes in Sec. 194.307(pp) that paragraph (a) be applicable to large
powered-lift.
Section 135.385(b) specifies that in order for a person to conduct
a takeoff in a turbine engine powered large transport category
airplane, the airplane weight on arrival, allowing for normal
consumption of fuel and oil, must allow a full stop landing at the
intended destination airport within 60 percent of the effective length
of each runway. Additionally, this paragraph provides some parameters
that must be considered when calculating the maximum landing weight,
such as: the airplane being landed in still air on the most favorable
runway and in the most favorable direction, the airplane being landed
on the most suitable runway taking into consideration the probable wind
velocity and direction, the ground handling characteristics of the
airplane, and considering other conditions such as landing aids and
terrain. This rule provides for a 40 percent safety margin to help
ensure that an airplane can safely land and prevents a person from
attempting to operate into runways where there is no margin of error,
which is also important for large powered-lift that utilize wing-borne
lift during landing.
Therefore, the FAA proposes in Sec. 194.307(qq) the paragraph (b)
provision of 60 percent of the effective runway length be applicable to
large powered-lift that utilize wing-borne lift during landing and have
landing performance information in the aircraft flight manual.
Paragraphs (c) and (e) of Sec. 135.385 provide that a
turbopropeller- or turbojet-powered airplane, respectively, that would
be prohibited from conducting a takeoff because it could not be landed
on the most suitable runway considering the probable wind velocity and
direction and the ground handling characteristics of the airplane, and
considering other conditions such as landing aids and terrain, may
takeoff if an alternate airport is selected. Under paragraph (c), the
alternate airport must meet all of the requirements of Sec. 135.385,
and under paragraph (e), the alternate airport must meet all the
requirements of paragraph (b) of Sec. 135.385. Additionally, paragraph
(c) allows for using 70 percent of the effective length of the runway
at the alternate airport to determine suitability of that runway's
length. The FAA does not have sufficient operational data regarding
powered-lift that conduct landings that depend on wing-borne lift to
support proposing this provision to be applied to powered-lift at this
time. Accordingly, the FAA has determined that the most conservative
application of this provision is appropriate and Sec. 135.385(c) will
not apply to powered-lift.
Notwithstanding the inapplicability of paragraph (c), the FAA
proposes in Sec. 194.307(qq) that paragraph (e) apply to large
powered-lift that conduct landing operations that depend on wing-borne
lift and have that landing performance information contained in the
aircraft flight manual.
Section 135.385(d) requires that, unless approved and included in
the airplane flight manual, a large transport category turbojet
airplane must add an additional 15 percent margin onto the landing
distance calculated per Sec. 135.385(b) when the destination may be
wet or slippery at the estimated time of arrival. Therefore, the FAA
proposes in Sec. 194.307(qq) that this paragraph be applicable to
large powered-lift that utilize wing-borne lift during landing and has
landing performance information contained in the aircraft flight
manual.
Section 135.385(f) provides an option to those ``eligible on-demand
operators'' which permits an operator operating a turbine engine
powered large transport category airplane to conduct a takeoff on an
on-demand flight if the operation is permitted by an approved
Destination Airport Analysis in that operator's manual and certain
conditions are also met. Those conditions are that to determine the
landing weight, the following are assumed: the airplane is landed on
the most favorable runway and direction, in still air, and it is landed
on the most suitable runway considering the probable wind velocity,
direction, the ground handling characteristics of the airplane, and
other conditions such as landing aids and terrain. The operator must
also have an approved Destination Airport Analysis contained in their
operations manual. The eligible on-demand operator calculates the
required runway distance at 80 percent of the effective length of the
runway. Therefore, the FAA proposes in Sec. 194.307(qq) this paragraph
be applicable to large powered-lift that utilize wing-borne lift during
landing and has landing performance information contained in the
aircraft flight manual.
Section 135.387(a) and (b) sets the requirements for the required
length of the runway when designating an alternate airport. This
section requires the selected alternate airport must allow the airplane
to be brought to a full stop landing based on the weight of the
airplane expected at the time of arrival at the alternate airport.
Turbojet airplanes require that distance to be calculated at 60 percent
of the effective length of the runway, turbopropeller airplanes require
70 percent, and eligible on-demand operators require 80 percent.
Therefore, the FAA proposes in Sec. 194.307(rr) that paragraphs (a)
and, for eligible on-demand operators, paragraph (b), be applicable to
large powered-lift that utilize wing-borne lift during landing and has
landing performance information contained in the aircraft flight
manual.
Sections 135.389, 135.391, 135.393, and 135.397 all contain takeoff
and landing limitations for large nontransport category airplanes. As
described in the discussion in section IV.A., the FAA determined that
for purposes of this proposal, regulations applicable to large
transport category airplanes would be applicable to large powered-lift,
because the agency has not yet established a transport category
standard for powered-lift. Accordingly, application of these provisions
is not necessary considering the previous discussion regarding the
applicability of the provisions in this subpart regarding large
transport category airplanes.
Section 135.397(a) and (b) outline the performance requirements for
small transport category airplanes. This section requires compliance
with weight, takeoff, and landing limitations as contained in other
sections of subpart I. This regulation applies to airplanes that are
reciprocating and turbine
[[Page 39062]]
engine powered, and small, which means 12,500 pounds or less, but yet
are still certificated to the safety standards of transport category
certification because they have a passenger seating configuration of
more than 19 seats. Section 135.397(a) is applicable to reciprocating
engine powered airplanes, and the FAA has previously asserted in this
document that the sections referenced in paragraph (a) would not be
applicable to powered-lift. Therefore, the FAA proposes in Sec.
194.307(ss) that only paragraph (b) be applicable for small powered-
lift that have a passenger seating configuration of more than 19 seats,
that utilize wing-borne lift during takeoff and landing, and have
takeoff and landing performance information contained in the aircraft
flight manual.
E. Part 136 Rules for Powered-Lift
Enabling powered-lift to be used in commercial air tours is an
appropriate step in the safe integration of such aircraft. As discussed
in section III, in the Update to Air Carrier Definitions NPRM, the FAA
proposed expanding the definitions and applicability of part 136 to
accommodate powered-lift and to ensure that the more stringent safety
risk mitigations afforded in that part would apply to powered-lift that
are anticipated to be used to conduct commercial air tours.\467\ The
Update to Air Carrier Definitions NPRM also proposed amending
references of ``helicopter'' to ``rotorcraft'' to ensure that the part
136 safety standards apply to other types of aircraft that may conduct
commercial air tours. Consequently, in this SFAR, except when referring
to existing section titles or explaining the current regulatory text,
the FAA uses the term ``rotorcraft'' for part 136 discussion rather
than ``helicopters''. While the Update to Air Carrier Definitions NPRM
proposed amendments to certain sections of part 136, to the extent that
the proposal affects powered-lift, it is consistent with the proposed
changes offered in this NPRM. The amendments offered in both proposals
will be reconciled before each rule is finalized.
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\467\ See Update to Air Carrier Definitions NPRM, 87 FR 74995
(Dec. 7, 2022).
---------------------------------------------------------------------------
In this proposed SFAR, the FAA addresses the operational
requirements within part 136. The FAA has analyzed each of the
limitations and requirements of part 136, subpart A and Appendix A, and
determined the requirements of part 136 that are applicable to all
aircraft are appropriate for operations of powered-lift. Additionally,
in Sec. 194.310 of this SFAR, the FAA proposes applying certain
requirements of part 136 that are specific to helicopters while giving
consideration to powered-lift that may conduct commercial air tours in
the wing-borne flight mode to ensure clarity and address the risks
associated with enabling the operation of commercial air tours in
powered-lift.
1. Suitable Landing Area for Helicopters
This proposed rule would apply the definition of the term
``suitable landing area for helicopters,'' codified at Sec. 136.1, to
powered-lift. The current definition states such an area is one that
provides the operator reasonable capability to land without damage to
equipment or injury to persons. It further provides that such areas
must be site-specific, designated by the operator, and accepted by the
FAA. In the Update to Air Carrier Definitions NPRM, the FAA proposed
amending this definition to apply more broadly to rotorcraft instead of
only helicopters to ensure those aircraft are subject to the safety
standards of part 136. It also proposed removing reference to ``damage
to equipment'' to instead focus on preventing ``serious injury to
persons''.
The FAA's purpose in applying the definition for suitable landing
areas for rotorcraft to powered-lift is to ensure powered-lift
operators designate potential landing areas in advance of an operation,
as such designation reduces the risk of an accident because the PIC is
aware of potential sites for emergency landings. Further, given the
vertical takeoff and landing capabilities of powered-lift, they are
capable of landing at locations that would also accommodate rotorcraft.
The FAA expects operators conducting commercial air tours in powered-
lift to be able to designate a site-specific landing area that, when
used, would not cause serious injury to persons.
2. Life Preservers for Over Water
Section 136.9 requires the operator and PIC of commercial air tours
over water beyond the shoreline to ensure each occupant is wearing a
life preserver from before takeoff until the flight is no longer over
water. The regulation provides relief from that requirement under the
following circumstances as long as the operator and PIC ensure that a
life preserver is readily available and easily accessible to each
occupant: if the aircraft is equipped with floats; if the airplane is
within power-off gliding distance to the shoreline for the duration of
the time that flight is over water; or if the aircraft is a multi-
engine aircraft that can be operated with the critical engine
inoperative at a weight that will allow it to climb, at least 50 feet a
minute, at an altitude of 1,000 feet above the surface, as provided in
the airplane or rotorcraft flight manual. No life preserver is required
if the overwater operation is necessary for takeoff or landing.
The preamble to part 136 states that life preservers discussed in
this rule apply to both helicopters and airplanes when operating a
commercial air tour over water.\468\ The rule also specifies when life
preservers are required to be available and when they are required to
be worn by all occupants. In the Update to Air Carrier Definitions
NPRM, the FAA proposed replacing ``Airplane Flight Manual'' under Sec.
136.9(b)(3) with ``Aircraft Flight Manual'' to provide more flexibility
for other aircraft conducting commercial air tours. If that NPRM is
adopted as final, this reference would also apply to a powered-lift's
flight manual.
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\468\ See National Air Tour Safety Standards; Final Rule, 72 FR
6884 (Feb. 13, 2007).
---------------------------------------------------------------------------
The exceptions found in Sec. 136.9(b)(1), which applies to
aircraft equipped with floats, and in paragraph (b)(3), for multiengine
aircraft, currently apply to powered-lift because powered-lift are
considered ``aircraft.'' The FAA proposes to also apply Sec.
136.9(b)(2) to powered-lift. Paragraph (b)(2) would apply when a
powered-lift is operating in the wing-borne flight mode within the
power-off gliding distance to the shoreline. When a powered-lift is
operating in the wing-borne flight mode, it more closely aligns with
the performance capabilities of an airplane over water and therefore
would have the ability to glide to shore. Therefore, the FAA proposes
that paragraph (b)(2) apply to powered-lift, thereby excepting the
operator and PIC of a commercial air tour over water beyond the
shoreline from requiring each occupant to wear a life preserver as long
as the powered-lift is within power-off gliding distance of the
shoreline while the aircraft is over water and in wing-borne flight
mode.
3. Helicopter Floats Over Water
Section 136.11 currently permits single-engine helicopters in
commercial air tours to operate over water beyond the shoreline only
when they are equipped with fixed floats or an inflatable flotation
system adequate to accomplish a safe emergency ditching. Similarly,
multiengine helicopters that cannot be operated with the critical
engine inoperative at a weight that will allow it to climb at least 50
feet a minute at an altitude of 1,000 feet above the surface with an
engine inoperative as provided in the Rotorcraft Flight Manual (RFM)
also must be equipped
[[Page 39063]]
with fixed floats or an inflatable flotation system. Those helicopters
that are equipped with flotation systems must have an activation switch
for the flotation system on one of the primary flight controls and the
system must be armed when the helicopter is over water and flying at a
speed that does not exceed the maximum speed prescribed in the RFM.
These requirements, however, do not apply to operations over water
during the takeoff and landing portions of flight or to operations
within the power-off gliding distance to the shoreline for the duration
of the flight provided each occupant is wearing a life preserver from
before takeoff until the aircraft is no longer over water. In the
Update to Air Carrier Definitions NPRM, the FAA proposed expanding
Sec. 136.11 to rotorcraft and referencing ``aircraft flight manual''
instead of ``Rotorcraft Flight Manual.'' In addition, the FAA proposed
clarifying in paragraph (b)(2) that the flotation system must be armed
when the rotorcraft is over water ``beyond the shoreline'' and proposed
removing paragraph (d) because the lead-time date of September 5, 2008,
is no longer relevant.
Extending the aforementioned requirements of Sec. 136.11 to
commercial air tour operations using powered-lift when the aircraft is
operating in the vertical-lift flight mode under part 136 would
mitigate the risks associated with emergency water landings. Therefore,
Sec. 136.11(a)(2), (b), and (c) apply to powered-lift. Section
136.11(a)(1) would not apply to powered-lift because, as stated
earlier, all powered-lift coming to market are currently multiengine,
not single-engine.\469\ In addition, since the FAA anticipates powered-
lift may be designed to either auto-rotate or glide, the FAA proposes
to apply this regulation to powered-lift that are conducting air tour
operations in the vertical-lift flight mode beyond the auto-rotational
distance or gliding distance from the shoreline. While these terms may
not seem appropriate for all powered-lift, the intent is to capture
engine out safe landing distances. This will ensure the power off
landing capabilities of powered-lift, regardless if they auto-rotate or
glide, are covered by the regulation. The FAA determined the risks that
are present in rotorcraft commercial air tours would be similar to
powered-lift operating in the vertical-lift flight mode. In this
regard, powered-lift can create lift in the same manner as rotorcraft,
and the FAA expects they could be capable of performing a stationary
hover in or out of ground effect. Moreover, when conducting air tour
operations, powered-lift will likely be used in a manner similar to
rotorcraft. Because powered-lift and rotorcraft may have similar flight
profiles in air tour operations, they share common risks during those
operations. The risks that arise with losing power in an aircraft
during air tour operations over water are serious. As a result,
flotation equipment is an appropriate requirement to mitigate these
risks.
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\469\ See section VI.A for discussion regarding multiengine
powered-lift.
---------------------------------------------------------------------------
In regard to the above-mentioned justification and to increase the
occupants' chances of survival in the event of an unplanned landing
over water, the FAA is proposing to apply this requirement to powered-
lift operations that occur under part 136 when operating in the
vertical-lift flight mode.
4. Helicopter Performance Plans and Operations
This proposed rule would apply Sec. 136.13 to powered-lift.
Section 136.13(a) currently requires commercial air tour operators to
complete helicopter performance plans before each operation that will
occur under part 136.\470\ The PIC of the operation must review the
plan for accuracy and comply with it for each flight. Such performance
plans are a key component of mitigating the risk of commercial air tour
operations, as they require the PIC to be prepared to respond to
unforeseen events. In the Update to Air Carrier Definitions NPRM, the
FAA proposed replacing ``helicopter'' with ``rotorcraft'' and
``Rotorcraft Flight Manual'' with ``aircraft flight manual'' to broaden
the scope of the regulation.
---------------------------------------------------------------------------
\470\ This requirement also applies to operations that occur
under Sec. Sec. 91.146 (``Passenger-carrying flights for the
benefit of a charitable, non-profit, or community event'') and
91.147 (``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------
The FAA promulgated the requirement for performance plans in 2007
based on the need for operators to conduct preflight planning and for
pilots to have operational knowledge that is essential to the aircraft
being flown in commercial, passenger-carrying operations. In
particular, the FAA emphasized the importance of the height/velocity
(H/V) diagram component of performance plans.\471\ This same rationale
could apply to commercial air tours that occur in powered-lift that
have height velocity information or performance criteria with avoidance
areas related to the transitions that occur between the vertical-lift
and wing-borne mode. The FAA realizes that some powered-lift may only
contain height-velocity or flight mode transition information, whereas
some may contain both types of information in their aircraft flight
manual. Operators will likely take advantage of the vertical takeoff,
out of ground effect hovering capabilities, and out of ground effect
slow flight capabilities of powered-lift at speeds that do not exceed
effective translational lift airspeed when conducting operations under
part 136.
---------------------------------------------------------------------------
\471\ National Air Tour Safety Standards, Final Rule, 72 FR 6884
(Feb. 13, 2007).
---------------------------------------------------------------------------
In the 2007 National Air Tour Safety Standards rule, the FAA stated
that extended operation within the ``avoid'' portion of the height/
velocity diagram increases the exposure to the risk of not being able
to execute successfully an autorotation landing in the event of an
engine failure, or in the case of multiengine helicopters, a safe one-
engine inoperative landing. Therefore, aviation safety requires that
commercial air tour operators not only plan, but also operate in
accordance with the performance plan.\472\ As a result, operators
should be aware of H/V diagrams or engine out performance capability as
applicable to their aircraft. Such awareness and planning are essential
in reducing the risk of accidents.
---------------------------------------------------------------------------
\472\ National Air Tour Safety Standards; Final Rule, 72 FR 6883
at 6912 (Feb. 13, 2007).
---------------------------------------------------------------------------
Consequently, the FAA proposes to apply Sec. 136.13 to powered-
lift in order to provide an equivalent level of safety for commercial
air tour operators and PICs using powered-lift to conduct commercial
air tours or to conduct operations under Sec. 91.146 or Sec. 91.147.
5. Commercial Air Tours in Hawaii
This rule would also apply operating provisions contained in
appendix A to part 136--Special Operating Rules for Air Tour Operators
in the State of Hawaii--to powered-lift operations. The safety
standards in part 136 are specific to commercial air tours and provide
additional risk mitigations for those operations. As stated in the
National Air Tour Safety Standards final rule, the FAA determined that
minimum, mandatory safety standards directly relate to a decrease in
the occurrence of accidents.\473\ Therefore, in the Update to Air
Carrier Definitions NPRM, the FAA replaced references to ``helicopter''
with ``rotorcraft'' in appendix A to expand the scope of applicability
and to ensure air tour operations would not pose additional safety
risks, and it also amended the applicability of appendix A to include
powered-lift. The NPRM
[[Page 39064]]
also proposed to amend the references to RFMs currently within section
4 of the appendix to instead read ``aircraft flight manual'' in the
regulatory text. Subjecting powered-lift to these safety standards is
appropriate for the same reasons.
---------------------------------------------------------------------------
\473\ Id. at 6889.
---------------------------------------------------------------------------
Appendix A previously existed as SFAR No. 71.\474\ In 2007, when
the FAA last amended part 136, the FAA explained that many air tour
operations occur in Hawaii and the Grand Canyon, and that the rules of
SFAR No. 71 had improved safety.\475\ The FAA explained that more
restrictive altitude standards apply to air tours in Hawaii because a
large number of commercial air tour flights occur ``in a relatively
small amount of airspace'' and other demonstrated hazards exist.\476\
As one commenter noted, many Hawaiian operations occur over large
bodies of water and water conditions in Hawaii are ``rough, unlike the
conditions in other parts of the country'' in which operators conduct
air tours.\477\ The appendix A requirements are equally important for
air tour operations in aircraft other than helicopters. The FAA's
rationale for extending the requirements and provisions of appendix A
to powered-lift remains consistent with the rationale the FAA expressed
in its 2007 rule. Enabling powered-lift to be used in commercial air
tours is an appropriate step in the safe integration of such aircraft.
---------------------------------------------------------------------------
\474\ Air Tour Operators in the State of Hawaii, 59 FR 49138
(Sep. 26, 1994).
\475\ National Air Tour Safety Standards; Final Rule, 72 FR 6883
at 6889 (Feb. 13, 2007), acknowledging that while multiple reasons
existed for the accident rate improvement in Hawaii and other parts
of the country, the provisions of SFAR No. 71 had a positive impact
on safety.
\476\ Id. at 6891.
\477\ Id. at 6903.
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Section 1 of appendix A (``Applicability'') currently states,
``This appendix prescribes operating rules for airplane and helicopter
visual flight rules air tour flights conducted in the State of Hawaii
under 14 CFR parts 91, 121, and 135.'' \478\ The appendix also defines
air tour as ``any sightseeing flight conducted under visual flight
rules in an airplane or helicopter for compensation or hire.'' \479\
The Update to Air Carrier Definitions NPRM \480\ addressed section 1 of
appendix A. In the Update to Air Carrier Definitions NPRM, the FAA
determined the existing criteria and requirements of appendix A,
section 1, are appropriate to apply to powered-lift. The NPRM also
addressed the definitions in section 2 by expanding ``air tour'' to
include sightseeing flights conducted under VFR in a powered-lift.
---------------------------------------------------------------------------
\478\ The section includes a paragraph that specifically
excludes from its applicability ``[f]lights conducted in gliders or
hot air balloons.'' 14 CFR part 136, appendix A, section 1(b).
\479\ Id. section 2.
\480\ Update to Air Carrier Definitions, NPRM, 87 FR 74995 (Dec.
7, 2022).
---------------------------------------------------------------------------
In this SFAR, the FAA also proposes applying section 3 to powered-
lift. Subject to two exceptions, section 3 of appendix A currently
requires flotation equipment for air tour operations that occur in
Hawaii in single-engine helicopters beyond the shore of any island,
regardless of whether the helicopter is within auto-rotational distance
\481\ of the shore. Each person onboard the helicopter must wear
approved flotation gear. This requirement, however, does not apply to
helicopters that are amphibious or that are equipped with floats
adequate to accomplish a safe emergency ditching and when the approved
flotation gear is easily accessible for each occupant. Section 3 also
does not apply if each person onboard is wearing approved flotation
gear. This proposed rule would extend this requirement to apply to
operations that occur in powered-lift. Applying the requirement for
flotation equipment would increase the likelihood of surviving in the
event of a water landing. These requirements were created specifically
for Hawaii due to the rugged terrain. Extending this requirement to all
powered-lift operators conducting air tours in Hawaii beyond the shore
of any island is appropriate because powered-lift will likely operate
in a manner that is similar to rotorcraft when conducting air tour
operations in Hawaii.
---------------------------------------------------------------------------
\481\ In general, autorotational distance is the horizontal
distance a rotorcraft can maneuver laterally, while descending
without power. See 14 CFR 1.1 (definition of ``autorotation'').
Factors affecting this distance include: initial altitude above the
surface, density altitude, winds, auto-rotation entry airspeed,
horizontal airspeed, rotor pitch, aircraft weight, and rotor design.
---------------------------------------------------------------------------
This proposed rule would apply section 4 of the appendix--the
requirement for performance plans--to powered-lift. Section 4 currently
applies only to operators of helicopters and requires operators to
complete performance plans based on information in the RFM, considering
the maximum density altitude for which the operation is planned for the
flight. As discussed above with the requirement of Sec. 136.13, the
performance plan must consider all those criteria outlined in
paragraphs (a) through (c). Applying this performance plan requirement
to operators of powered-lift conducting air tours in Hawaii would
ensure the operator conducting the operation is aware of the necessary
information concerning the aircraft and the intended operation. This
requirement is an appropriate risk mitigation measure for powered-lift
because the FAA anticipates powered-lift will generally operate in a
manner consistent with how rotorcraft operate when conducting air tours
in Hawaii. Environmental conditions relevant to the altitude and
temperature of the operation are critical considerations in ensuring
safety of flight because both affect the performance of the aircraft.
Operators' performance plans would ensure operators' awareness of how
conditions could affect the flight; as a result, operators will be in a
position to make appropriate contingency plans and make suitable
decisions should they encounter hazards during an air tour operation.
Similarly, the FAA proposes that the operating limitations of
section 5 of part 136, appendix A (Helicopter Operating Limitations),
apply to powered-lift. Section 5 requires the PIC to operate at a
combination of height and forward speed that would permit a safe
landing in the event of engine power loss in accordance with the
height-speed envelope under current weight and aircraft altitude. The
FAA proposes applying section 5 to powered-lift conducting commercial
air tours that have height velocity information contained within their
aircraft flight manuals. Applying such requirements to powered-lift is
appropriate because operations conducted under appendix A in powered-
lift will likely occur in a manner that is similar to operations
presently conducted in rotorcraft. In this regard, the FAA expects
powered-lift will hover and have other operating characteristics
similar to rotorcraft when conducting air tours. This section, in
particular, is important because engine power loss could have
detrimental consequences; as a result, powered-lift may require quick
landings in response to engine failures. An appropriate means of
mitigating the risk associated with an engine power loss is to require
the PIC to operate the aircraft in a manner that permits the PIC to
land safely. Such aspects are unique to the type of aircraft and the
circumstances of the operation. As a result, the FAA determined the
proposed inclusion of powered-lift in this requirement would be a
suitable risk mitigation measure.
Part 136, appendix A, section 6, Minimum flight altitudes, and
section 7, Passenger briefing, currently apply in general terms to air
tour flights in Hawaii and do not specify the type of aircraft used for
such flights. Therefore, amending these sections to apply to additional
types of aircraft is not necessary; the minimum flight altitudes
[[Page 39065]]
and passenger briefing requirements would apply to all air tour flights
in Hawaii, regardless of the aircraft used in such flights.\482\
---------------------------------------------------------------------------
\482\ In the FAA's National Air Tour Safety Standards rule, the
FAA emphasized the importance of passenger briefings for overwater
operations. Id. at 6902. The FAA cited a 1999 report from the
Department of Transportation's Office of Inspector General,
Oversight of the Air Tour Industry, Report No. AV-1999-099 (May 28,
1999), available at https://www.oig.dot.gov/library-item/30819. That
report cites one air tour accident flight that occurred in Hawaii,
in which three fatalities resulted when occupants were not able to
use life preservers that were located in their containers beneath
each seat. Ensuring aircraft remain at minimum safe altitudes
provides an additional safety margin for dealing with in-flight
emergencies; as the FAA stated in National Air Tour Safety
Standards, the FAA imposes more restrictive altitude standards for
air tours in Hawaii due to the large volume of commercial air tour
flights in a relatively small amount of airspace.
---------------------------------------------------------------------------
F. Part 43 Applicability to Powered-Lift
Part 43 prescribes rules governing the maintenance, preventive
maintenance, rebuilding, and alteration of any aircraft having a U.S.
airworthiness certificate; foreign-registered civil aircraft used in
common carriage or carriage of mail under the provisions of part 121 or
135; and airframe, aircraft engines, propellers, appliances, and
component parts of such aircraft.\483\ As discussed previously, the
regulations under title 14 of the Code of Federal Regulations that
reference ``aircraft'' currently apply to powered-lift. Sections 43.2,
43.5, 43.10, 43.11, 43.12, 43.13, and 43.17 and appendix F to part 43
all apply to ``aircraft'', and, accordingly, to powered-lift.
---------------------------------------------------------------------------
\483\ 14 CFR 43.1.
---------------------------------------------------------------------------
Sections 43.1, 43.3, 43.7, 43.9, and 43.15 and appendices A, B, D,
and E to part 43 all refer to aircraft, which include powered-lift, but
some paragraphs within these sections are specific to airplane,
rotorcraft, propellers, and helicopter, which the FAA reviewed to
determine which of those regulations would also be appropriate to apply
to powered-lift. The FAA determined that it would be appropriate to
apply Sec. Sec. 43.3(h) and 43.15(b) to powered-lift as described in
the paragraphs that follow.
Section 43.3(h) states that the Administrator may approve a part
119 certificate holder, operating rotorcraft in a remote area under
part 135, to allow a pilot to perform specific preventive maintenance
items, under certain limitations, when no certificated mechanic is
available and an unscheduled malfunction occurs. The preamble for this
rule indicated that a part 119 certificate holder that operates
rotorcraft in remote sites under part 135 can allow an appropriately
trained and authorized pilot to perform preventive maintenance as
defined in Sec. 1.1 and as listed in appendix A to part 43.\484\ The
FAA expects a pilot who is trained under the requirements of Sec.
43.3(h) would provide the same level of competency as a certificated
mechanic when performing the authorized preventive maintenance
function.\485\ The pilot, who is required to complete an approved
training program, performs the specific preventive maintenance items
under the direct control of the certificate holder's preventive
maintenance program. Some powered-lift may operate in remote areas and
would consequently experience the same challenges that exist for
rotorcraft when an unscheduled malfunction occurs. Therefore, the FAA
proposes in Sec. 194.402 that the preventive maintenance protocols
outlined in Sec. 43.3(h) also apply to certificate holders under part
135 operating powered-lift in remote areas.
---------------------------------------------------------------------------
\484\ See Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40692 at 40702 (Nov. 7, 1986).
\485\ See Rotorcraft Regulatory Review Program Amendment No. 5;
Operations and Maintenance, 51 FR 40692 (Nov. 7, 1986).
---------------------------------------------------------------------------
In addition to Sec. 43.3(h), Sec. 43.15(b) requires the person
performing an inspection required by part 91 on a rotorcraft to inspect
certain aircraft system(s) in accordance with the manufacturer's
maintenance manual or Instructions for Continued Airworthiness. The
systems listed under Sec. 43.15(b) are generally considered systems
comprised of ``critical parts'' as defined in Sec. Sec. 27.602 and
29.602.\486\ The FAA proposes applying Sec. 43.15(b) to persons
performing an inspection required by part 91 on a powered-lift. Those
parts that the powered-lift manufacturer has identified as ``critical
parts'' used for flight will be a required inspection item and will be
identified and listed in the aircraft manufacturer's maintenance
manual. Powered-lift are new entrant aircraft, and as a result, the FAA
does not have the information to know all the systems on any given
powered-lift that may be considered a critical part. In determining
critical parts, the manufacturer must consider a flight safety-critical
aircraft part list which, if nonconforming, missing, or degraded, could
cause a catastrophic failure resulting in loss of, or serious damage
to, the aircraft or an uncommanded engine shutdown resulting in an
unsafe condition. The characteristic can be critical in terms of
dimension, tolerance, finish, or material; an assembly, manufacturing,
or inspection process; or an operation, maintenance, or overhaul
requirement. Examples of critical part(s) may include a multi-computer
aircraft system with a high level of automation in order to aviate,
navigate, or communicate or integrated flight control/navigation
systems with advanced fly-by-wire flight control system that utilizes
electronically operated controls with no direct mechanical link from
the pilot to the control surfaces. For powered-lift with critical
parts, a type design must include a critical parts list and define the
critical design characteristics, identify processes that affect those
characteristics, and identify the design change and process change
controls necessary for showing compliance with the quality assurance
requirements of part 21. Consequently, the FAA proposes to apply Sec.
43.15(b) to persons performing an inspection required by part 91 on
powered-lift ``critical parts'', as outlined in the aircraft
manufacturer's maintenance manual or that the FAA otherwise deems
appropriate, in order to provide an equivalent level of safety to those
aircraft. The FAA invites comments to understand the types of systems
and critical parts expected to comprise powered-lift.
---------------------------------------------------------------------------
\486\ Sections 27.602 and 29.602 define a ``critical part'' as
``a part, the failure of which could have a catastrophic effect upon
the rotorcraft, and for which critical characteristics have been
identified which must be controlled to ensure the required level of
integrity.'' The procedures referenced in Sec. Sec. 27.602(b) and
29.602(b) will be addressed during the Sec. 21.17(b) certification
process.
---------------------------------------------------------------------------
Additionally, the FAA will evaluate the existing airman
certification testing standards under part 65 for mechanics and
repairmen to determine if any revisions to those standards are
necessary to incorporate powered-lift and, if any updates are
necessary, promulgate those updates to correspond with the issuance of
the final rule.
G. Pilot Records Database
Part 111 prescribes rules governing the use of the Pilot Records
Database (PRD). The PRD facilitates the sharing of pilot records among
air carriers and other operators in an electronic data system managed
by the FAA.\487\ Part 111 requires air carriers, specific operators
holding out to the public, entities conducting public aircraft
operations, air tour operators, fractional ownerships, and corporate
flight departments to enter relevant data on individuals employed as
pilots into the PRD. The PRD is intended to help maintain records about
a pilot's performance with previous employers that could influence a
future employer's
[[Page 39066]]
hiring decision.\488\ Section 111.1 outlines part 111 applicability.
Specifically, Sec. 111.1(b)(4) introductory text states that part 111
applies to an operator that operates two or more aircraft described in
paragraphs (b)(4)(i) and (ii), solely pursuant to the general operating
rules in part 91, or that operates aircraft pursuant to a Letter of
Deviation Authority issued under Sec. 125.3. Paragraphs (b)(4)(i) and
(ii) apply to standard airworthiness airplanes that require a type
rating under Sec. 61.31(a) and turbine-powered rotorcraft,
respectively. The FAA refers to the operators outlined under Sec.
111.1(b)(4) as ``corporate flight departments.'' \489\
---------------------------------------------------------------------------
\487\ See Pilot Records Database, 86 FR 31006 (Jun. 10, 2021).
\488\ Id.
\489\ Id.
---------------------------------------------------------------------------
The FAA proposes to require reporting by corporate flight
departments that operate large powered-lift pursuant to the general
operating and flight rules in part 91 or pursuant to a Letter of
Deviation Authority issued under Sec. 125.3. Section 111.1(b)(4)(i)
applies to airplanes that require a type rating under Sec. 61.31(a)
(or similar in the case of paragraph (b)(4)(ii) for turbine-powered
rotorcraft). Currently, a large powered-lift requires a type rating
under Sec. 61.31(a)(1) \490\ and is therefore similar to the airplanes
that require a type rating under Sec. 111.1(b)(4)(i). In addition, the
FAA expects that pilots of large powered-lift may go on to work for an
air carrier in the future. Reporting these pilot records would be
relevant to a future hiring air carrier. Therefore, the FAA proposes
permanently amending Sec. 111.1(b)(4) to include a new paragraph
(b)(4)(iii) that applies to large powered-lift. This proposal aligns
with the current requirements and intent of Sec. 111.1(b)(4) and the
type rating requirements under Sec. 61.31(a).
---------------------------------------------------------------------------
\490\ Section 61.31(a)(1) states that a person who acts as a PIC
of any ``large aircraft (except lighter-than-air)'' must hold a type
rating for that aircraft. Because powered-lift are considered
``aircraft'', this requirement currently applies to large powered-
lift.
---------------------------------------------------------------------------
VII. Air Traffic Operations
The FAA will leverage its existing standards and procedures used
today for aircraft for powered lift air traffic operations. The FAA
develops air traffic standards and procedures including those governing
the separation of aircraft by ATC. Air traffic services are
administered for the purpose of ensuring the safe, orderly, and
expeditious flow of air traffic. The standards and procedures may
differ based upon factors such as the classification of airspace and
aircraft. Currently, there are separation standards that apply
differently to certain aircraft. The FAA is in the process of
identifying and implementing any necessary updates to the existing
separation standards that capture powered lift operations.
The air traffic separation standards are contained in Air Traffic
Order (JO) 7110.65, Air Traffic Control. Currently, the Order
explicitly addresses separation standards and procedures for how ATC
handles ``aircraft'' and provides alternative handling procedures for
aircraft classified as a ``helicopter''. JO 7360.1, Aircraft Type
Designators, provides standard abbreviations (aircraft type
designators) for the most common aircraft that are provided with air
traffic services. JO 7360.1 identifies those aircraft considered to be
helicopters for the purpose of applying ATC procedures as per JO
7110.65. The FAA is considering the need to update how the JO 7110.65
procedures may need to be amended to accommodate new or differing
aircraft types certified as powered-lift.
The Air Traffic Organization (ATO) is working closely with their
partners in Aviation Safety (AVS) to update the standards and
procedures contained in JO 7110.65 to address those aircraft certified
as powered lift to ensure that they can operate safely and efficiently
in the NAS. Aircraft are currently separated by classification (Weight)
and categorization (Wake). Another factor is the distance the aircraft
are from the surveillance radar antenna source that is interrogating
the aircraft. Although aircraft manufacturers provide the FAA with data
to make initial determinations, the Office of NextGen performs an
analysis of the data along with AVS to establish wake separation
standards. The ATO continuously monitors NAS operations and event data
to ensure these standards are not adversely affecting safety of NAS
operations.
While the ATO takes the necessary steps to update the standards and
procedures for powered lift aircraft, the standards and procedures
which apply to aircraft, which is defined in Sec. 1.1 as a device that
is used or intended to be used for flight in the air, continue to apply
to powered-lift.
The ATO stood up a FAA crossline of business team that routinely
meets, in part, to exchange information, identify gaps in knowledge and
identify potential solutions, and conduct a review of the existing
separation standards to make recommendations and support the
integration of powered-lift. The team plans to consider information
such as aircraft maneuverability and other performance characteristics
when discussing whether updates are needed to better account for any
performance unique to powered-lift. The team's goal is to accomplish
the necessary initial updates prior to powered-lift entering into
commercial service.
As the recommendations are developed, the Office of Primary
Responsibility or designated representatives will coordinate the
recommendations for review and clearance as appropriate. During the
review process, the Office of Safety and Technical Training may
determine that a Safety Risk Management panel is necessary due to the
impact of the recommended changes on the NAS.
While the powered-lift SFAR will fully enable powered-lift
operations, the FAA will continue to review and evolve the rules and
procedures as powered-lift performance and operational tempo evolve
over time. Updates to JO 7110.65 will enable powered-lift operations by
accounting for them in existing procedures and standards, while also
establishing new procedures for their unique VTOL performance
capabilities. The FAA acknowledges that the safety and efficiency of
these operations is critical in ensuring the success of the industry.
VIII. International Operations for Powered-Lift
The FAA's policy is to meet the U.S. obligations under the
Convention on International Civil Aviation (``Chicago Convention'') by
conforming to the International Civil Aviation Organization (ICAO)
Standards and Recommended Practices (SARPs) to the maximum extent
practicable. ICAO annexes contain the international SARPs for safety,
regulation, and efficiency of air navigation. The Chicago Convention
ensures that certificates of airworthiness, certificates of competency,
and licenses are recognized by other Member States as long as the
issuing States meet the minimum ICAO standards. The Member States'
Civil Aviation Authorities each integrate the ICAO SARPs into their
national legal frameworks and practices and are responsible for
regulatory oversight.
A. Personnel Licensing
Part 61 prescribes the requirements for the issuance of pilot,
flight instructor, and ground instructor certificates, as well as the
privileges and limitations of such. ICAO Annex 1 provides the SARPs for
personnel licensing, including those for pilot and
[[Page 39067]]
instructor licensing for powered-lift.\491\ Absent the establishment of
classes, the ICAO Annex 1 SARPs dictate \492\ that pilots and flight
instructors must hold a powered-lift type rating for the powered-lift
they operate when conducting international operations.\493\ As
discussed in section V.A of this preamble, the FAA proposes in this
SFAR that, because each powered-lift may have complicated and
distinctive operating equipment and characteristics, it is not feasible
at this time to establish classes within the powered-lift category. If
the FAA were to generalize the training requirements based on the
classification of powered-lift, the training requirements would not
sufficiently address the unique characteristics of each powered-lift
that require specific powered-lift training and testing to determine
pilot competency in flying the aircraft. Instead, the FAA proposes that
pilots must hold a type rating to serve as PIC for each type of
powered-lift. Therefore, the FAA's proposal complies with the standard
dictated in ICAO Annex 1.
---------------------------------------------------------------------------
\491\ Annex 1 to the Convention on the International Civil
Aviation, Personnel Licensing, General rules concerning licenses,
1.2 (Jul. 2022).
\492\ Annex 1 defines Standards, in pertinent part, as
specifications that are recognized a necessary for the safety or
regularity of international air navigation and to which Contracting
States will conform in accordance with the Convention.
\493\ Annex 1 to the Convention on the International Civil
Aviation, Personnel Licensing, Circumstances in which class and type
ratings are required, section 2.1.1.4 (Jul. 2022).
---------------------------------------------------------------------------
ICAO also sets forth recommendations \494\ for the issuance of a
powered-lift category rating on a private pilot license, commercial
pilot license, and ATP license.\495\ Specifically, these provide
recommended flight hours of experience, including solo flight time,
cross-country flight time, and night flight time, as applicable; and
flight instruction time, including areas of operational experience.
Additionally, these recommendations encourage a licensing authority to
determine whether experience as a pilot in other categories of aircraft
or under instruction in an FSTD are acceptable in obtaining a powered-
lift category rating. The FAA acknowledges these recommendations and
has proposed regulations in this SFAR, as explained in this preamble,
that the FAA has determined will ensure a sufficient level of safety,
while considering such recommendations. Should these ICAO
recommendations become standards in the future, the FAA will undertake
measures to align with ICAO standards as a Member State as practicable.
---------------------------------------------------------------------------
\494\ Annex 1 defines Recommended Practices, in pertinent part,
as any specification of which the uniform application is recognized
as desirable in the interest of safety, regularity, or efficiency of
international air navigation, and to which Contracting States will
endeavor to conform in accordance with the Convention.
\495\ Annex 1, sections 2.3.5, 2.4.5, 2.6.5.
---------------------------------------------------------------------------
The FAA also notes that ICAO sets forth recommended transitional
measures to ensure Member States have adequate time to implement pilot
licensing requirements for powered-lift. Specifically, in the
transitional measures, section 2.1.1.4 states that a licensing
authority may endorse a type rating for a powered-lift category on an
existing airplane or helicopter pilot license (i.e., certificate).
Should a licensing authority implement this endorsement, the
endorsement must indicate the aircraft is part of the powered-lift
category and must result from training during a course of approved
training. Additionally, the training must consider previous experience
in an airplane or helicopter, as appropriate, and incorporate all
relevant operational aspects of a powered-lift. The FAA is not
implementing this permissive transitional measure; rather, through this
SFAR, the FAA is facilitating alternative measures for a pilot to
directly receive a powered-lift category rating and a powered-lift type
rating instead of adding an endorsement for the type rating to an
existing airplane or helicopter certificate. However, as discussed in
this preamble, these alternative measures to receive a powered-lift
category and type rating would be completed during a course of approved
training (i.e., part 135, 141, or 142) and would take previous
experience of an applicant in an airplane or helicopter into account,
as appropriate.\496\
---------------------------------------------------------------------------
\496\ For more information on how the FAA will consider previous
aeronautical experience for powered-lift pilots, see section V.A.
---------------------------------------------------------------------------
B. Operations of Aircraft
Under the Chicago Convention, flights operating in international
airspace over the high seas must also follow the international
standards set forth in ICAO Annex 2.\497\ ICAO Annex 2 contains the
standards applicable to the flight and maneuver of civil aircraft
operating over the high seas and over national territories to the
extent that they do not conflict with the rules of the State over which
they are flying.\498\ ICAO Annex 2 was incorporated by reference into
Sec. 91.703, effective August 18, 1990,\499\ and is also cited in
Sec. 135.3.
---------------------------------------------------------------------------
\497\ Incorporation by Reference (IBR) of ICAO and Annex
(Updates Existing IBR; Removal of North Atlantic (NAT) Minimum
Navigation Performance Specifications (MNPS).
\498\ Id.
\499\ Revision of General Operating and Flight Rules, 54 FR
34320 (Aug. 18, 1989).
---------------------------------------------------------------------------
U.S. operators intending to operate powered-lift over the high seas
must comply with the applicable requirements of ICAO Annex 2. While in
foreign airspace, operators must follow the rules and regulations of
those countries as specified in Sec. 91.703 or Sec. 135.3 and ICAO
Annex 2. Though Annex 2 is silent on powered-lift, its standards are
applicable to ``aircraft.'' Annex 2 defines aircraft as ``any machine
that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth's surface.''
\500\ Given Annex 2's general application to aircraft, U.S. operators
would be able to conduct their operations over the high seas so long as
the PIC is operating in accordance with the Rules of the Air in Annex
2. However, U.S. air carriers seeking to operate powered-lift in
foreign airspace must follow the rules and regulations of those states.
---------------------------------------------------------------------------
\500\ Annex 2 to the Convention on International Civil Aviation,
Rules of the Air, Definitions, 1-2 (Jul. 2005).
---------------------------------------------------------------------------
Section 129.5(b) of title 14 requires foreign air carriers
conducting operations in the U.S. to conduct their operations in
accordance with the Standards in Annex 1 (Personnel Licensing); Annex 6
(Operation of Aircraft); part I (International Commercial Air
Transport--Aeroplanes) or part III (International Operations--
Helicopters), as appropriate; and in accordance with Annex 8
(Airworthiness of Aircraft) to the Convention on International Civil
Aviation. To ensure an adequate level of safety for part 129 operators,
the FAA issues operations specifications to identify restrictions,
limitations, and U.S. airspace requirements, including navigation
differences. Annex 6 currently does not contain standards for powered-
lift operations, consequently restricting the FAA's ability to propose
any changes to part 129 for foreign air carriers seeking to operate in
the U.S.\501\
---------------------------------------------------------------------------
\501\ Operations specifications, 14 CFR 129.5(b).
---------------------------------------------------------------------------
C. Airworthiness of Aircraft
Annex 8 does not address powered-lift airworthiness standards.
Because ICAO has declared Annex 8 as constituting the minimum standards
for the purpose of Article 33 of the Chicago Convention, it is not
clear whether the lack of ICAO standards would result in States not
recognizing another State's airworthiness certificate for a powered-
lift since no minimum international standards have been established. No
[[Page 39068]]
revision of ICAO Annex 8 design standards for powered-lift has been
initiated by ICAO. ICAO Document 10103, Guidance on the Implementation
of ICAO Standards and Recommended Practices for Tilt-rotors, sets forth
basic guidance relative to large turbine-powered tilt-rotors (a kind of
powered-lift); however, this document does not address electric-powered
tilt-rotors or other types of powered-lift.
Under Sec. 21.17(b), the FAA designates powered-lift as special
class aircraft for type certification and applies airworthiness
criteria that meet an equivalent level of safety to the existing
airworthiness standards.\502\ In addition, these special class aircraft
are eligible for a standard airworthiness certificate under Sec.
21.183. As such, the FAA intends to apply airworthiness criteria for
powered-lift under Sec. 21.17(b) that comply with the intent of ICAO
Annex 8 to the Chicago Convention since design standards for these
aircraft have not yet been developed.
---------------------------------------------------------------------------
\502\ For more information on the certification of powered-lift,
see section IV.A.
---------------------------------------------------------------------------
IX. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review'') direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the
docket for this rulemaking. This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
proposed rule: (1) will result in benefits that justify costs; (2) is
not an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866; (3) will not create unnecessary
obstacles to the foreign commerce of the United States; and (4) will
not impose an unfunded mandate on State, local, or tribal governments,
or on the private sector.
A. Data and Assumptions
This Special Federal Aviation Regulation proposes alternate
eligibility requirements to safely certificate initial groups of
powered-lift pilots, as well as determine which operating rules to
apply to powered-lift on a temporary basis to enable the FAA to gather
additional information and determine the most appropriate permanent
rulemaking path for these aircraft. The analysis for the regulatory
evaluation is based on the following assumptions and data sources.
The FAA uses a 10-year time period of analysis.\503\ The
analysis uses 2022 constant dollars. Year 1 of the period of analysis,
which would correlate with the effective date of the proposed rule, is
used as the base year.
---------------------------------------------------------------------------
\503\ In addition, the FAA acknowledges uncertainty in
estimating incremental impacts of this proposed rule since the FAA
has yet to type certificate a powered-lift.
---------------------------------------------------------------------------
The analysis provides a range of costs from low to high.
The FAA considers the primary estimate of net impacts of the rule to be
the base scenario.
It is estimated that it would cost an individual
approximately $22,124 to accomplish the training and testing required
for a type rating.\504\ The FAA believes that in many circumstances,
this training and testing would be at the expense of an operator using
powered-lift in its operations.
---------------------------------------------------------------------------
\504\ The estimated cost for this provision is detailed in the
regulatory impact analysis prepared for this SFAR.
---------------------------------------------------------------------------
Operational rules under parts 43, 91, 97, 135, and 136
that are applicable to aircraft continue to be applicable to powered-
lift because powered-lift meet the definition of an aircraft in Sec.
1.1. Otherwise, the more conservative airplane specific operational
rules will apply to powered-lift, with limited exceptions.
The FAA uses a three percent and seven percent discount
rate to quantify present value costs and cost savings as prescribed by
OMB in Circular A-4. The pilot forecast below were used to estimate
costs of the proposed SFAR.\505\
---------------------------------------------------------------------------
\505\ OMB Circular A-4, Regulatory Analysis (2003), https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------
B. Summary of the Regulatory Impact Analysis
The powered-lift currently undergoing the type certification
process are comparatively different compared to the powered-lift
proposed during the 1990's. Currently, manufacturers are proposing
aircraft and operations that were not conceptualized in the 1997
rulemaking that introduced the powered-lift category of aircraft into
the airmen certification rules. When these rules were introduced, it
was the FAA intention to initiate further rulemakings to develop
operational rules for powered-lift. However, these intentions never
came to fruition.
If powered-lift were available for civil operations today, they
would not be subject to operating rules that are specific to an
aircraft category or class. Instead, the only rules that would apply
are the part 91 rules that are specific to ``aircraft.'' Through this
SFAR, the FAA seeks to provide operating rules applicable to powered-
lift and to provide a pathway for pilots to obtain powered-lift ratings
through alternate aeronautical experience requirements and expanded
logging provisions. The regulatory evaluation portion of this SFAR
evaluates the economic impact of the proposed amendments.
The table below presents the regulations proposed by this rule on
an amendment-by-amendment basis. The first column of the table
identifies the affected part; the second column identifies the section
and/or paragraph being amended; and the last column identifies the
impact of the proposed change. The table is designed to quickly inform
the reader of the proposed change and its resulting impact. Amendments
with little to no impact are excluded from the table.
[[Page 39069]]
Table 11--SFAR--Proposed Amendments
------------------------------------------------------------------------
Section Proposed amendment Impact
------------------------------------------------------------------------
Part 43--Maintenance, Sec. 43.3(h) Persons Provides relief
Preventive Maintenance, authorized to perform to operators of
Rebuilding, & Alterations. maintenance, powered-lift on
preventive a scale that is
maintenance, equivalent to
rebuilding, and the relief
alterations. provided to
operators of
rotorcraft.
Sec. 43.15(b) Imposes a
Additional regulatory
performance rules for burden on
inspections. operators
conducting
powered-lift
operations on a
scale no
greater than
that imposed on
like operators
conducting
operations with
rotorcraft.
Part 91--General Operating and Sec. 91.9(a)(b) Imposes costs on
Flight Rules. Civil aircraft flight operators of
manual. powered-lift on
Sec. 91.103(b)(1) a scale
Preflight action.. equivalent to
Sec. 91.109 Flight costs imposed
instruction; on operators of
Simulated instrument airplanes or
flight.. rotorcraft.
Sec. 91.151 Fuel
requirements for
flight in VFR
conditions..
Sec. 91.167 Fuel
requirements for
flight in IFR
conditions.
Sec. 91.205(b)(11)
Anti-collision
lights.
Sec. 91.205(b)(14)
Shoulder harness,
restraint system.
Sec. 91.207
Emergency locator
transmitters.
Sec. 91.215 ATC
transponder and
altitude reporting
equipment and use.
Sec. 91.219 Altitude
alerting system or
device.
Sec. 91.223 Terrain
awareness and
warning.
Sec. 91.313 Shoulder
harness, restraint
system.
Sec. 91.409
Inspection programs.
Sec. 91.411
Altimeter system and
altitude reporting.
Sec. 91.501
Applicability.
Sec. 91.503 Flying
equipment and
operating
information.
Sec. 91.505 Aircraft
flight manual.
Sec. 91.507
Equipment required
for over-the-top or
night VFR ops.
Sec. 91.509 Survival
equipment.
Sec. 91.511
Communications and
navigation.
Sec. 91.513
Emergency equipment.
Sec. 91.517
Passenger
information,
seatbelts/non-
smoking.
Sec. 91.519 Oral
briefing.
Sec. 91.521 Safety
equipment
requirements.
Sec. 91.523
Requirements for
storage of carry-on
baggage.
Sec. 91.525
Requirements for
storage of cargo.
Sec. 91.527
Requirements for
operating in icing
conditions.
Sec. 91.529 Flight
engineer
requirements.
Sec. 91.531 Second-
in-command
requirements.
Sec. 91.533 Flight
attendant
requirements.
Sec. 91.603 Aural
speed warning device.
Sec. 91.605
Transport category
civil airplane weight
limitations.
Sec. 91.609 Flight
data recorders and
cockpit voice
recorders.
Sec. 91.613
Materials for
compartment
interiors.
Sec. 91.1041 Proving
and validation tests.
Sec. 91.1045 HTAWS
and thunderstorm
detection equipment.
Sec. 91.1065 Initial
and recurrent pilot
testing requirements.
Part 91--General Operating and Sec. 91.107(a)(3) Provides relief
Flight Rules. Use of restraint to operators of
systems powered-lift on
Sec. 91.205(d)(3) a scale
U.S. airworthiness equivalent to
certificates: the relief
Instrument and provided to
equipment operators of
requirements.. airplanes or
Sec. 91.213 rotorcraft.
Inoperative
instruments and
equipment..
Part 91--General Operating and Sec. 91.113(d)(2) Imposes costs on
Flight Rules. and (3) Right-of-way operators of
rules. powered-lift on
Sec. 91.126(b)(1) a scale
and (2) Operating in equivalent to
Class G: Direction of costs imposed
turns.. on operators of
Sec. 91.129 airplanes or
Operations in Class D rotorcraft.
airspace--approaches..
Sec. 91.131
Operations in Class B
airspace..
Sec. 91.155 Basic
VFR weather minimums.
Sec. 91.157 Special
VFR weather minimums.
Sec. 91.169 IFR
flight plan:
Information required.
Sec. 91.175 Takeoff
and landing under
IFR.
Sec. 91.515 Rules
for appropriate
flight altitudes.
Sec. 91.611
Authorization for
ferry flight with one
engine--not allowed
by SFAR.
Sec. 91.1037
Limitations;
destination and
alternate airports.
Sec. 91.1039 IFR
takeoff, approach and
landing minimums.
Sec. 91.1055 Pilot
operating limitations
and pairing
requirement.
[[Page 39070]]
Part 91....................... Sec. 91.126(c) Imposes a
Operating in Class G regulatory
airspace--flap burden on
settings. operators
Sec. 91.129 conducting
Operations in Class D powered-lift
airspace--minimum operations on a
altitudes.. scale no
Sec. 91.129 greater than
Operations in Class D that imposed on
airspace--departures.. like operators
Sec. 91.129 conducting
Operations in Class D operations with
airspace--noise airplanes or
abatement.. rotorcraft.
Part 97--Standard Instrument Sec. 97.3. Copter Enabling.
Procedures. procedures.
Part 135--Operating Sec. 135.4 Imposes a
Requirements Commuter and On- Applicability of regulatory
Demand Operations and Rules rules for eligible on- burden on
Governing Persons on Board demand operations. operators
Such Aircraft. Sec. 135.23(r)(7) conducting
Manual contents.. powered-lift
Sec. 135.93 Minimum operations on a
altitudes for use of scale no
autopilot.. greater than
Sec. 135.100 Flight that imposed on
crewmember cuties.. like operators
Sec. conducting
135.159(a)(2)(3) operations with
Helicopter exceptions airplanes or
are not allowed.. rotorcraft.
Sec. 135.181
Aircraft operated
over-the-top or in
IFR conditions..
Sec. 135.183 Land
aircraft operated
over water..
Sec. 135.203 VFR:
Minimum altitudes.
Sec. 135.205 VFR:
Visibility
requirements.
Sec. 135.207 VFR:
Helicopter surface
reference
requirements.
Sec. 135.221
Alternate airport
weather minimums.
Sec. 135.361
Applicability.
Sec. 135.363
General.
Sec. 135.379 Large
transport category
airplanes. Turbine
engine powered:
Takeoff limitations.
Sec. 135.381 Large
transport category
airplanes. Turbine
engine powered: En-
route limitations:
One engine
inoperative.
Sec. 135.383 Large
transport category
airplanes. Turbine
engine powered: En-
route limitations:
Two engines
inoperative.
Sec. 135.385 Large
transport category
airplanes. Turbine
engine powered: En-
route limitations:
Landing limitations.
Sec. 135.387 Large
transport category
airplanes. Turbine
engine powered: En-
route limitations:
Landing limitations:
Alternate airports.
Sec. 135.389 Large
non-transport
category airplanes:
Takeoff limitations.
Sec. 135.391 Large
non-transport
category airplanes.
En-route limitations:
One engine
inoperative.
Sec. 135.393 Large
non-transport
category airplanes.
Landing limitations:
En-route limitations:
Destination airports.
Sec. 135.395 Large
non-transport
category airplanes.
Landing limitations:
En-rout limitations:
Alternate airports.
Sec. 135.397 Small
transport category
airplanes performance
operating
limitations.
Sec. 135.399 Small
transport category
airplanes
performance.
Part 135--Operating Sec. 135.1(a)(9) Imposes costs on
Requirements Commuter and On- Conducting operations operators of
Demand Operations and Rules in accordance with powered-lift on
Governing Persons on Board subpart L (Helicopter a scale
Such Aircraft. Air Ambulance equivalent to
Equipment, costs imposed
Operations, and on operators of
Training airplanes or
Requirements). rotorcraft.
Sec. 135.117(a)(9)
Briefing of
passengers before
flight..
Sec. 135.145
Aircraft proving and
validation tests..
Sec. 135.150 Public
address and
crewmember interphone
systems.
Sec. 135.151 Cockpit
voice Recorders.
Sec. 135.152 Flight
data recorders.
Sec. 135.154 Terrain
awareness warning
systems.
Sec. 135.158 Pitot
heat indication
systems.
Sec. 135.160 Radio
altimeters for
rotorcraft
operations.
Sec. 135.165
Communication and
navigation equipment.
Sec. 135.168
Emergency equipment.
Sec. 135.169
Additional
airworthiness
requirements.
Sec. 135.170
Materials for
compartment
interiors.
Sec. 135.173
Airborne thunderstorm
equipment
requirements.
Sec. 135.178
Additional emergency
equipment.
Sec. 135.180 Traffic
alert and collision
avoidance system.
Sec. 135.209 VFR:
Fuel supply.
Sec. 135.223 IFR:
Alternate airport
requirements.
Sec. 135.227 Icing
conditions: Operating
limitations.
Sec. 135.271
Helicopter hospital
emergency medical
evacuation services
(HEMES).
Part 135--Operating Sec. 135.128 Use of Provides
Requirements Commuter and On- safety belts, child flexibility or
Demand Operations and Rules restraint systems. relief to
Governing Persons on Board Sec. 135.159(a)(1) operators of
Such Aircraft. Gyroscopic rate of powered-lift on
turn indicator.. a scale
Sec. 135.163(g) equivalent to
Exception for the flexibility
helicopters is or relief
allowed.. provided to
Sec. 135.229 Airport operators of
requirements.. airplanes or
Sec. 135.429(d) rotorcraft.
Required inspection
personnel..
[[Page 39071]]
Part 61--Certification: Sec. 61.31(a) Type Imposes a
Pilots, Flight Instructors, rating requirements, regulatory
and Ground Instructors.. additional training, burden on
and authorization individuals
reqts. seeking airmen
Sec. 61.109(e)(5) certification
Aeronautical in powered-lift
experience.. on a scale no
greater than
that imposed on
individuals
accomplishing
airmen
certification
in other
aircraft
categories.
Part 61--Certification: Addressing: Relieving. No
Pilots, Flight Instructors, Sec. 61.1(b) additional
and Ground Instructors. Applicability and regulatory
definitions: Cross- costs.
country time
definition (paragraph
(ii))..
Sec. 61.3 Reqt for
certificates,
ratings, and
authorizations: Flt
instructor
certificate..
Sec. 61.45
Requirement for
certificates,
ratings, and
authorizations:
Practical tests:
Required aircraft and
equipment.
Sec. 61.51
Requirement for
certificates,
ratings, and
authorizations: Pilot
logbooks.
Sec. 61.55
Requirement for
certificates,
ratings, and
authorizations: SIC.
Sec. 61.63(d)(3)
Additional aircraft
ratings (other than
for ratings at the
airline transport
pilot certification
level). Proposed
eligibility
requirements.
Sec. 61.65
Instrument rating
requirements.
Sec. 61.107 Flight
proficiency.
Sec.
61.109(e)(2)(i),
(e)(5)(ii)
Aeronautical
experience.
Sec. 61.127 Flight
proficiency
(commercial pilots).
Sec. 61.129
Aeronautical
experience: Alternate
experience and
logging reqts.
Sec. 61.167 Airline
transport pilot
privileges and
limitations.
Sec. 61.195 Flight
instructor
limitations and
qualifications.
Part 61--Certification: Addressing: Imposes a
Pilots, Flight Instructors, Sec. 61.64 Use of a regulatory
and Ground Instructors. flight simulator and burden on
flight training individuals
device--SFAR--removes accomplishing a
three of four powered-lift
available alternative type rating in
requirements that an FFS on a
enable a person to scale no
accomplish a greater than
practical test for a that imposed on
powered-lift type individuals
rating in a accomplishing a
simulator.. type rating in
an FFS for
airplanes or
helicopters.
Part 135--Operating SFAR temporarily allow Relieving.
Requirements Commuter and On- the completion of
Demand Operations and Rules certain part 135
Governing Persons on Board tests and checks to
Such Aircraft. meet the flight
proficiency
requirements for the
addition of a powered-
lift category rating,
an instrument-powered-
lift rating, and
powered-lift type
rating to a
commercial
certificate.
Part 135--Operating Sec. 135.3 Rules Imposes costs on
Requirements Commuter and On- applicable to operators of
Demand Operations and Rules operations subject to powered-lift on
Governing Persons on Board this part--FAA a scale
Such Aircraft. proposes certificate equivalent to
holders comply with costs imposed
subpart Y of part 121 on operators of
(Advanced airplanes or
Qualification Program rotorcraft.
(AQP)).
Sec. 135.243 Pilot
in command
qualifications..
Sec. 135.244
Operating experience..
Sec. 135.245 Second
in command
qualifications.
Sec. 135.293 Initial
and recurrent pilot
testing requirements.
Sec. 135.297 Pilot
in command:
Instrument
proficiency check
requirements.
Sec. 135.340 Initial
and transition
training and
checking: Check
airmen (aircraft),
check airmen
(simulator).
Sec.
135.345(b)(6)(iv)
Pilots: Initial,
transition, and
upgrade ground
training.
Part 111--Pilot Records Sec. 111.1 Imposes costs on
Database. Applicability. operators of
powered-lift on
a scale
equivalent to
costs imposed
on operators of
airplanes or
rotorcraft.
Part 136--Commercial Air Tours Sec. 136.1 Suitable Imposes costs on
and National Parks Air Tour landing area for operators of
Management. helicopters. powered-lift on
Sec. 136.9 Life the same scale
preservers for over as costs
water.. imposed on
Sec. 136.11(c) operators of
Helicopter floats for airplanes or
over water.. rotorcraft.
Sec. 136.13(a)
Helicopter
performance plan and
operations..
Appendix A Special
Operating Rules for
Air Tour Operators in
the State of Hawaii..
Part 141--Flight Schools...... Sec. 141.35 Chief Relieving--no
instructor additional
qualifications. regulatory
Sec. 141.36 costs.
Assistant chief
instructor
qualifications..
Sec. 141.37 Check
instructor
qualifications..
[[Page 39072]]
Part 142--Training Centers.... Sec. 142.47(a), (c) Imposes a
Training center regulatory
instructor burden on part
eligibility 142 training
requirements centers
Sec. 142.53 Training conducting
center instructor powered-lift
training and testing training on a
requirements. scale no
greater than
that imposed on
like training
centers
conducting
training with
airplanes or
rotorcraft.
Part 142--Training Centers.... Sec. 142.11 Enabling. No
Application for additional
issuance or amendment. regulatory
costs unless a
part 142
training center
chooses conduct
training with
powered-lift
flight
simulators and
flight training
devices.
Part 142--Training Centers.... Sec. 142.57 Aircraft Provides relief
requirements. to part 142
training
centers
conducting
powered-lift
training on a
scale
equivalent to
that provided
to training
centers
conducting
training with
airplanes or
rotorcraft.
------------------------------------------------------------------------
1. Benefits Summary
Operations with powered-lift are anticipated to offer benefits over
traditional airplanes and rotorcraft. A report published by the U.S.
Government Accountability Office stated that many of these newer
category of aircraft could be easier to design, simpler to construct,
less complicated to maneuver, quieter to fly, and more economical to
operate compared to traditional aircraft.\506\ Many use cases for these
aircraft are envisioned, and just a few are described below.
---------------------------------------------------------------------------
\506\ Transforming Aviation: Stakeholders Identified Issues to
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
---------------------------------------------------------------------------
It is envisioned smaller versions of these aircraft may reduce
congestion in urban areas by allowing for more efficient transportation
of passengers compared to existing ground transportation methods. To do
so, these aircraft would use vertiports located on top of buildings, at
parking facilities, or in other open areas.\507\ Such transportation
could occur from a heliport or vertiport and then proceed at speeds and
ranges similar to turboprops. Powered-lift could also be capable of
transporting heavier loads at higher altitudes and faster cruise speeds
than a traditional rotorcraft. Such capability may increase efficiency
in transporting crew and material to remote locations such as offshore
oilrigs. Other use cases may involve medical response, disaster relief,
rescue operations, border patrol, and last-mile logistics.
---------------------------------------------------------------------------
\507\ Vertiport Assessment and Mobility Operations System
(VAMOS!) [verbar] T2 Portal (nasa.gov) A vertiport refers to a
physical structure for the departure, arrival, and parking/storage
of advanced air mobility vehicles. Evaluation factors for vertiports
include zoning, land use, transit stations, fire stations, noise,
and time-varying factors like congestion and demand.
---------------------------------------------------------------------------
This proposed rule is a step toward enabling the ecosystem for this
industry to evolve. It applies the appropriate set of rules for a range
of certificate-holder operations conducted with powered-lift, and for
certification of the pilots that would fly them. It was deliberated
with the intent of mitigating risk to the NAS while maintaining its
current level of safety.
2. Costs Summary
While operators choosing to conduct operations with powered-lift
would incur costs to comply with regulations proposed by this SFAR,
these costs would be on a scale no greater than those incurred by
operators choosing to conduct operations with airplanes or rotorcraft
under similar regulations. Likewise, costs imposed on individuals that
choose to accomplish the required training and testing required to hold
an airman's certificate with a type rating in the powered-lift category
would be on a scale no greater than those incurred by individuals
accomplishing training and testing to hold an airman's certificate with
a type rating in the airplane or rotorcraft category. In other words,
the costs imposed on operators and individuals that choose to comply
with regulations proposed by this rule would be no more burdensome than
the costs incurred by entities and individuals complying with
corresponding airplane and rotorcraft regulations that are already in
effect.
However, to address the significant operational differences between
each powered-lift, the FAA is proposing to require the PIC of a
powered-lift to hold a type rating for the aircraft flown. The FAA has
determined that requiring persons to hold type ratings for powered-lift
would establish the appropriate level of safety than would be
established by only holding a powered-lift category rating by ensuring
persons receive adequate training and are tested on the unique design
and operating characteristics of each powered-lift.
The following table presents a summary of the primary estimates of
the quantified costs of this rule, as well as estimates for the
pessimistic and optimistic scenarios. This analysis provides a range of
costs from low to high based on these scenarios. The FAA considers the
primary estimate of costs to be the base scenario. For the primary
estimate, over a 10-year period of analysis this rule would result in
present value costs of approximately $30.5 million at a three percent
discount rate with annualized net costs of approximately $3.6 million.
At a seven percent discount rate, the present value costs are
approximately $24.1 million with annualized costs of $3.4 million.
[[Page 39073]]
Table 12--Quantified Costs of Proposed SFAR
[Millions$] *
----------------------------------------------------------------------------------------------------------------
10-Year 10-Year
Forecast scenario present value Annualized present value Annualized
(3%) (3%) (7%) (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate.......................... $30.5 $3.6 $24.1 $3.4
Pessimistic..................................... 27.4 3.2 21.0 3.0
Optimistic...................................... 33.7 4.0 27.3 3.9
----------------------------------------------------------------------------------------------------------------
* Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
discount rates per Office of Management and Budget (OMB) guidance.
Please see the regulatory impact analysis for this SFAR available
in the docket for more details.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The FAA is publishing this Initial Regulatory Flexibility Analysis
(IRFA) to aid the public in commenting on the potential impacts to
small entities from this proposal. The FAA invites interested parties
to submit data and information regarding the potential economic impact
that would result from the proposal. The FAA will consider comments
when making a determination or when completing a Final Regulatory
Flexibility Assessment.
An IRFA must contain the following:
(1) A description of the reasons why the action by the FAA is being
considered;
(2) A succinct statement of the objective of, and legal basis for,
the proposed rule;
(3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
(6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
(1) A description of the reasons why the action by the FAA is being
considered;
This proposed rule would establish the requirements for the
certification and operation of powered-lift. Powered-lift is defined in
14 CFR part 1 as a heavier-than-air aircraft capable of vertical
takeoff, vertical landing, and low speed flight that depends
principally on engine-driven lift devices or engine thrust for lift
during these flight regimes and on nonrotating airfoil(s) for lift
during horizontal flight.
The powered-lift that are coming to the civilian market have
complex and unique design, flight, and handling characteristics with
varying degrees of automation. To add to the challenges, the FAA does
not anticipate that the initial powered-lift that obtain type
certification will be broadly available for basic airman certification
and training at the private pilot level. Rather, manufacturers intend
to produce powered-lift for commercial purposes, meaning the initial
pilots will be required to hold at least commercial pilot certificates
to act as required flightcrew members (i.e., PIC or SIC) for
compensation or hire.
The FAA lacks sufficient information at this time regarding
emerging operations to implement permanent regulations. The FAA has
found the use of an SFAR has been an effective way to gain such
experience while enabling some degree of operations. The SFAR will
establish a regulatory structure that leverages existing rules, removes
operational barriers, and mitigates safety risks for powered-lift.
Utilizing the SFAR will allow the FAA to observe operations and
subsequently make any requisite safety improvements in a later
permanent change to the regulations.
(2) A succinct statement of the objective of, and legal basis for,
the proposed rule.
Statement of the legal basis. Through this rulemaking, the FAA will
make both permanent and temporary changes to parts 61 and 135 to train
and certify powered-lift pilots.
Further, the FAA would enable powered-lift operations under parts
43, 91, 97, 135, and 136 through the SFAR. The FAA is issuing this
proposal under the authority described in Title 49 of the United States
Code, Subtitle VII, Part A, Subpart i, Section 40113, Administrative,
and Subpart iii, Section 44701, General Requirements; Section 44702,
Issuance of Certificates; Section 44703, Airman Certificates; Section
44704, Type Certificates, Production Certificates, Airworthiness
Certificates, and Design and Production Organization Certificates;
Section 44705, Air Carrier Operating Certificates; and Section 44707,
Examination and Rating of Air Agencies. Under these sections, the FAA
prescribes regulations and minimum standards for practices, methods,
and procedures necessary for safety in air commerce, including the
authority to examine and rate civilian schools and prescribe
regulations to ensure the competency of instructors. The FAA is also
authorized under these sections to issue certificates, including airman
certificates, type certificates, and air carrier operating
certificates, in the interest of safety.
This rulemaking is also proposed under the authority described in
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter
conditions. These sections direct the Administrator to prescribe
regulations to govern the use of emergency locator transmitters and
collision avoidance systems, the standards for inspecting and
performing maintenance on aircraft, and regulations to control aircraft
noise and safety risks related to winter conditions. Lastly, this
[[Page 39074]]
proposed rulemaking derives authority from Section 44730, Helicopter
Air Ambulance Operations, which directs the Administrator to prescribe
regulations governing the safety of helicopter air ambulance
operations. This proposed rulemaking is issued under the authority
described in each of the above sections.
(3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply.
The proposed rule would affect operators of powered-lift under
parts 91, 135, and 136, as well as part 141 flight schools and part 142
training centers. Part 91 operators conduct operations for non-
commercial purposes while part 135 operators conduct on-demand
operations, which may include a limited number of scheduled operations,
or commuter operations, which allow an unlimited number of scheduled
operations as well as on-demand operations.\508\ There are specific
limitations associated with these operations depending on whether they
are on-demand or commuter. These limitations include the number of
passenger seats installed on the aircraft, maximum payload limits, and
whether turbo-jet aircraft can be used in the operation. Part 136
operators conduct commercial air tours.
---------------------------------------------------------------------------
\508\ https://www.faa.gov/licenses_certificates/airline_certification/135_certification/general_info.
---------------------------------------------------------------------------
There are five North American Industry Classification System
(NAICS) codes for air transportation services based on by type of
activity conducted. Four of these codes identify a small entity as one
with 1,500 or fewer employees. The exception is NAICS code 481219,
which includes ``other nonscheduled air transportation.'' Entities
falling within this code are identified as small if revenues are $22
million or less.\509\ At the time of this proposed rule, there were
approximately 1,700 part 135 operators, and 900 part 91 operators. A
vast majority of these operators are small and the FAA does not
anticipate that they will be impacted by this rule. Due to this being
an emerging market, the number of entities that will be impacted by
this rule is uncertain.
---------------------------------------------------------------------------
\509\ NAICS code 481111--Scheduled Passenger Air Transportation;
481112--Scheduled Freight Air Transportation; 481211--Nonscheduled
Passenger Air Transportation; 481212--Nonscheduled Freight Air
Transportation; 481219--Other Nonscheduled Air Transportation.
---------------------------------------------------------------------------
Flight training is available through part 141 flight schools or
part 142 flight centers. Part 141 flight schools train with actual
aircraft while part 142 flight centers train with flight simulators.
The FAA notes that NAICS code for flight training is in Sector 61--
Education Services. Specifically, flight training schools are
identified by code 611512. The Small Business Administration identifies
entities in this code as small based on revenues of $30 million or
less.
There are currently 525 part 141 flight schools and 45 part 142
training centers. FAA conducted research on the internet to determine
revenues for these entities. While some of the part 141 flight schools
are part of a curriculum offered at an institution of higher learning,
most appear to be private entities, and thus revenues were not publicly
available. Of the 45 part 142 training centers, 10 have revenues
greater than $30 million and 22 were identified as having revenues less
than $30 million. Revenue information for the remaining 13 part 142
training centers was not readily available. Based on this information,
it is believed that a majority of flight schools under parts 141 and
142 are small entities.
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
The FAA prescribes regulations and minimum standards for practices,
methods, and procedures necessary for safety in air commerce, including
airman certificates, type certificates, and air carrier operating
certificates, and the authority to examine and rate civilian schools
and prescribe regulations to ensure the competency of instructors.
Powered-lift manufacturers, air carriers, pilots, and instructors have
important roles in the development of this sector of the aviation
industry. The reporting and recordkeeping requirements imposed by this
SFAR currently exist for manufacturers and operators of airplanes and
rotorcraft. These requirements will now be applicable to those same
entities that choose to operate powered-lift. These requirements are
described below.
First, each operator which seeks to obtain, or is in possession of,
an air carrier or FAA operating certificate is mandated to comply with
the requirements of part 135 to determine if the carrier is operating
in accordance with minimum safety standards. This burden results in
reporting, recordkeeping, and disclosure requirements. All reporting
provisions and approval processes can be accomplished electronically,
including operations and maintenance manuals, crewmember and aircraft
dispatcher records, maintenance records, and minimum equipment lists.
However, certain documents, such as passenger briefing cards, must be
available in paper form for safety reasons. The burden imposed on
operators by this reporting requirement is proportionate to the size of
its operation.\510\
---------------------------------------------------------------------------
\510\ For example, single pilot operations are not required to
prepare an operations manual or training program which significantly
reduces the burden. The number of records and required reports are
proportional to the number of pilots and aircraft used by the
operator. Further, in several cases, such as for passenger briefings
or aircraft checklists, commercially produced products are available
from the aircraft manufacturer.
---------------------------------------------------------------------------
Next, repair stations certificated under part 145 and air taxi
operators certificated under part 135 are required to submit
Malfunction or Defect Reports, or Service Difficulty Reports. This data
identifies mechanical failures, malfunctions, and defects that may be a
hazard to the operation of an aircraft. When defects are reported that
are likely to exist on other products of the same or similar design,
the FAA may disseminate safety information to a particular section of
the aviation community. These reports are submitted occasionally. The
submission of information for this requirement is accomplished
electronically. The FAA has found that this submission of data does not
have a significant impact on a substantial number of small businesses.
Lastly, the Application for Pilot School Certification is necessary
for the FAA to collect information to ensure flight schools will meet
the minimum acceptable training standards as prescribed by part 141.
The FAA approves course curricula, training facilities, the chief
instructor and any assistant chief instructors, if applicable, for each
course, and ensures oversight of flight instructors that provide
training under part 141. Completion of the required items is of minimal
burden to the respondent due to the simplistic format of the document.
The FAA notes that flight training schools are contained within Sector
61, Education Services, of the NAICS code. Specifically, flight
training schools are identified by code 611512. The Small Business
Administration identifies entities in this code as small based on
revenues of $30 million or less. There are currently 525 part 141
flight schools. The FAA is unsure what portion of these schools qualify
as small using SBA criteria. While some of the part 141 flight schools
are part of a curriculum offered at an institution of higher learning,
most appear to be private entities.
[[Page 39075]]
(5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule.
The FAA is unaware that the proposed rule will overlap, duplicate,
or conflict with existing Federal rules.
(6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
The FAA considered engaging in permanent rulemaking to address the
introduction of powered-lift in civilian operations. However, the FAA
lacks sufficient information at this time regarding emerging operations
to implement permanent regulations. The FAA has found the use of an
SFAR has been an effective way to gain such experience while enabling
some degree of operations, therefore, the FAA find that the use of an
SFAR is the most viable option at this time. Utilizing the SFAR will
allow the FAA to observe operations and subsequently make any requisite
safety improvements in a later permanent change to the regulations.
Another alternative considered for this SFAR included the number of
years it would remain in effect. After contemplating several options,
the FAA determined ten years to be an appropriate length of time. In
selecting ten years as the appropriate duration for this SFAR, the FAA
considered a number of factors including the time it will take to
initiate operations after the adoption of this NPRM as a final rule
considering the type certification status of the powered-lift that are
commercially viable. The FAA also considered the appropriate length of
time to collect operational data after operators initiate commercially
viable operations, and then the time necessary to complete a subsequent
rulemaking to propose and implement permanent regulations.
D. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this proposed rule and determined that
it ensures the safety of the American public and does not exclude
imports that meet this objective. As a result, the FAA does not
consider this rule as creating an unnecessary obstacle to foreign
commerce.
E. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
F. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
This action contains the following proposed amendments to the
existing information collection requirements previously approved under
OMB Control Numbers 2120-0039, -0600, -0663, -0009, and -0021. As
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),
the FAA has submitted these proposed information collection amendments
to OMB for its review.
1. Revision of Existing Information Collection 2120-0039: Operating
Requirements: Commuter and On-Demand Operation 511
---------------------------------------------------------------------------
\511\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule, and developed using
publicly available data related to orders and options for powered-
lift Using the fleet forecast and an assumption for utilization
(i.e. hours flown), forecasts for airmen and departures were also
developed to estimate incremental costs of the paperwork burden.
---------------------------------------------------------------------------
Abstract: Each operator which seeks to obtain, or is in possession
of, an air carrier or FAA operating certificate is mandated to comply
with the requirements of part 135 in order to maintain data which is
used to determine if the carrier is operating in accordance with
minimum safety standards. Air carrier and commercial operator
certification is completed in accordance with part 119. Part 135
contains operations and maintenance requirements. The burden associated
with part 135 is associated with reporting, recordkeeping and
disclosure.
The FAA has estimated the increase in the existing burden for this
collection based on four part 119 certificate holders beginning
powered-lift operations by the end of the third year following
finalization of this proposed rule. Note that not all information
collection requirements are proposed to have a burden increase as a
result of the proposed revisions to this information collection.
Table 13--Three-Year Incremental Burden for 2120-0039 Operating Requirements: Commuter and On-Demand Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hours- Hours- Hours- Hours- Hours- Total Total
Section Section title Number of Number of Total jobcat jobcat jobcat jobcat jobcat burden burden
respondents responses responses (1) (2) (3) (4) (5) (hours) (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
135.21........... Manual requirements 4 5 20 0.5 ......... 2.0 ......... ......... 50.0 $2,097
135.63........... Recordkeeping 2 2 4 ......... ......... 1.0 ......... ......... 4.0 185
requirements-
aircraft available
for use.
Pilot records...... 173 4 692 0.1 ......... ......... ......... ......... 69.2 1,696
[[Page 39076]]
Pilot flight & duty 173 200 34,600 0.1 ......... ......... ......... ......... 3,460.0 84,805
Load manifest...... 292,273 1 292,273 0.1 ......... ......... ......... ......... 29,227.3 716,360
135.64........... Retention of 6 13 78 ......... 0.5 ......... ......... ......... 39.0 1,514
contracts and
amendments written.
Retention of 6 2 12 0.5 ......... ......... ......... ......... 6.0 147
contracts and
amendments oral.
135.65........... Reporting manual 6 75 450 ......... ......... ......... ......... 0.3 112.5 7,611
irregularities.
135.79........... Flight locating 2 1 2 ......... ......... 0.5 ......... ......... 1.0 46
requirements.
135.117.......... Briefing of 292,273 1 292,273 ......... ......... ......... ......... 0.03 8,768.2 593,167
passengers before
flight.
135.179.......... Inoperable 6 1 6 3.0 ......... 20.0 ......... ......... 138.0 5,996
instruments and
equipment.
135.227.......... Icing limitations.. 6 1 6 5.0 ......... 20.0 ......... ......... 150.0 6,290
135.325.......... Training program 6 1 6 5.0 ......... 15.0 ......... ......... 120.0 4,901
and revision.
135.415.......... Mechanical 131 1 131 ......... ......... ......... 1.0 ......... 131.0 6,119
reliability
reports.
135.417.......... Mechanical 6 12 72 ......... ......... ......... 1.0 ......... 72.0 3,363
interruption
summary report.
135.419.......... Approved aircraft 6 1 6 0.5 ......... ......... 1.0 ......... 9.0 649
inspection program.
135.431.......... Continuing analysis 6 1 6 ......... ......... ......... 70.0 ......... 420.0 35,967
and surveillance.
Incremental burden. ........... .......... .......... ......... ......... ......... ......... ......... 42,777.2 1,454,270
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
2. Revision of Existing Information Collection 2120-0600: Training and
Qualification Requirements for Check Airmen and Flight Instructors
\512\
---------------------------------------------------------------------------
\512\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule and developed using
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of
powered-lift models being developed are firm as of the time of this
writing, with the exception of one model. Using the fleet forecast
and an assumption for utilization (i.e. hours flown), forecasts for
airmen and departures were also developed to estimate costs of the
paperwork burden.
---------------------------------------------------------------------------
Abstract: The reporting requirements are to ensure the check pilots
and instructors are adequately trained and checked/evaluated to ensure
they are capable and competent to perform the duties and
responsibilities required by the air carrier to meet the regulations.
Experienced pilots who would otherwise qualify as flight instructors or
check airmen, but who are not medically eligible to hold the requisite
medical certificate are mandated to keep records that may be inspected
by the FAA to certify eligibility to perform flight instructor or check
airmen functions. This information is inspected on occasion and will be
used by the FAA to determine and to assure that check airmen and
instructors maintain the high qualification standards (training and
experience) required to perform their safety functions.
The FAA has estimated the increase in the existing burden for this
collection based on the percentage of instructors that are not
medically eligible to hold the requisite medical certificate and are
mandated to keep records that may be inspected by the FAA to certify
eligibility to perform flight instructor or check airmen functions. The
table below shows the incremental burden by the end of the third year
following finalization of the proposed rule for this recordkeeping
requirement.
---------------------------------------------------------------------------
\513\ The current collection identifies 15,925 respondents
performing recordkeeping requirements. The 2021 Civil Airmen
Statistics (source: https://www.faa.gov/data_research/avia)tion_data_statistics/civil_airmen_statistics) shows there are
121,270 active flight instructors, thus 13.1 percent of the flight
instructor population (15,925 / 121,270 = .131) perform this
recordkeeping requirement. Additionally, FAA records show 251 active
airmen holding a flight instructor certificate with a powered-lift
rating; thus, it is estimated that 13.1 percent of these airmen are
affected by the recordkeeping requirement (for a total of 32.9
airmen).
Table 14--Three-Year Burden Estimate for Information Collection 2120-
0600 513 Training and Qualification Requirements for Check Airmen and
Flight Instructors
------------------------------------------------------------------------
Total burden
------------------------------------------------------------------------
Respondents............................................ 66
Responses per Respondent............................... 1
Time per Response--15 seconds (in minutes)............. 0.25
Total Incremental Time (in minutes).................... 16.44
Total Incremental Time (in hours)...................... 0.27
Cost per Hour (Check Airman Wage plus Benefits--per $87.63
Hour).................................................
Total Incremental Cost................................. $24.54
------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
[[Page 39077]]
3. Revision of Existing Information Collection 2120-0663: Service
Difficulty Report \514\
---------------------------------------------------------------------------
\514\ Official FAA forecasts related to the operation of
powered-lift in the NAS have yet to be developed. Thus, forecasts
for operators of part 135 aircraft and fleet were prepared solely
for the purpose of estimating the cost of the information
collections affiliated with this proposed rule, and developed using
publicly available data related to orders and options for powered-
lift. FAA notes that none of the orders for the multitude of
powered-lift models being developed are firm as of the time of this
writing, with the exception of one model. Using the fleet forecast
and an assumption for fleet utilization (i.e. hours flown),
forecasts for airmen and departures were also developed to estimate
costs of the paperwork burden.
---------------------------------------------------------------------------
Abstract: Service Difficulty Reports (SDRs), may be used by the air
carrier industry and repair stations to submit mandated reporting of
occurrences or detection of failures, malfunctions, or defects and can
be submitted in an electronic format. Repair stations certificated
under part 145 and Air taxi operators certificated under part 135 are
required to submit Malfunction or Defect Reports, or Service Difficulty
Reports. Report information is collected and collated by the FAA and
used to determine service performance of aeronautical products. When
defects are reported which are likely to exist on other products of the
same or similar design, the FAA may disseminate safety information to a
particular section of the aviation community. The FAA also may adopt
new regulations or issue Airworthiness Directives (ADs) to address a
specific problem.\515\ The regulations enhance air carrier safety by
collecting additional and timelier data pertinent to critical aircraft
components. This data identifies mechanical failures, malfunctions, and
defects that may be a hazard to the operation of an aircraft. Reports
are submitted on occasion.
---------------------------------------------------------------------------
\515\ ADs are mandatory repair or modifications essential for
the prevention of accidents.
---------------------------------------------------------------------------
The FAA has estimated the increase in the existing burden for this
collection based on four part 119 certificate holders beginning powered
lift operations under part 135 by the end of the third year following
finalization of this proposed rule.
Table 15--Three-Year Burden Estimate for Information Collection 2120-0063 Service Difficulty Report
----------------------------------------------------------------------------------------------------------------
Summary (three years) Reporting Recordkeeping Disclosure
----------------------------------------------------------------------------------------------------------------
Number of Respondents........................................... 4 .............. ..............
Number of Responses per respondent.............................. 1 .............. ..............
Time per Response............................................... 0.667 .............. ..............
Total # of responses............................................ 4 .............. ..............
Total burden (hours)............................................ 2.7 .............. ..............
Total Burden (cost) \516\....................................... $95.8 .............. ..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
4. Revision of Existing Information Collection 2120-0009: Application
for Pilot School Certification
---------------------------------------------------------------------------
\516\ Costs are based upon a private industry hourly wage of
$25.18. The fully-burdened wage is $35.90 and includes employee
compensation related to benefits that is estimated to be 30.0
percent of the fully-burdened wage. (Source: Bureau of Labor
Statistics, Employer Costs for Employee Compensation. https://www.bls.gov/news.release/pdf/ecec.pdf by month)
---------------------------------------------------------------------------
Abstract: This information is reported and recorded by 14 CFR part
141 certificated pilot schools seeking to maintain their Air Agency
Certification. Uncertificated pilot schools seeking certification as a
part 141 pilot school are also required by part 141 to report
information to the FAA and keep specific records. Part 141 pilot
schools train private, commercial, flight instructor, and ATPs, along
with training for associated ratings in various types of aircraft. The
information collected becomes a part of the FAA's official records and
is only used by the FAA for certification, compliance, enforcement, and
when accidents, incidents, reports of noncompliance, safety programs,
or other circumstances requiring reference to records. The requirements
of part 141 include reporting and recordkeeping. The FAA has estimated
the increase in the existing burden for this collection based on one
new applicant per year for part 141 certification and one renewal.
---------------------------------------------------------------------------
\517\ The FAA believes that the responses to this information
collection will be performed by flight instructors and similar
personnel at certificated pilot schools. The median hourly wage for
these occupations is $27.38. The FAA multiplied this base hourly
rate by 1.309, representing a load factor of 30.9%, and a fully
loaded wage of $35.84.
Table 16--Three-Year Burden Estimate for Information Collection 2120-0009 517 Application for Pilot School
Certification
----------------------------------------------------------------------------------------------------------------
Time/response Total time Labor cost
Section Burden type (hours) Responses (hours) ($35.84/hr)
----------------------------------------------------------------------------------------------------------------
Sec. 141.13, Application.... Reporting....... 0.5 4 2.0 $72
Sec. 141.53, Training course Reporting....... 25.0 3 75.0 2,688
outline.
Sec. 141.63, Application for Reporting....... 20.0 3 60.0 2,150
examining authority.
Sec. 141.87, Change of chief Reporting....... 0.1 3 0.3 11
instructor.
Sec. 141.110, Training Recordkeeping... 50 3 150 5,376
records.
---------------------------------------------------------------
Total..................... ................ .............. .............. 136.8 10,297
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
[[Page 39078]]
5. Revision of Existing Information Collection 2120-0021: Airman
Certificate and/or Rating Application
Abstract: The Airman certificate and/or Rating Application form and
the required records, logbooks and statements required by part 61 are
submitted to Federal Aviation Administration (FAA) Flight Standards
District Offices or its representatives to determine qualifications of
the applicant for issuance of a pilot or instructor certificate, or
rating or authorization. If the information collection was not
conducted, the FAA would be unable to issue the appropriate
certificates and ratings. The information collected becomes a part of
the FAA's official records and is only used by the FAA for
certification, compliance, enforcement, and when accidents, incidents,
reports of noncompliance, safety programs, or other circumstances
requiring reference to records. The requirements of part 61 include
reporting and recordkeeping.
Table 17--Three-Year Burden Estimate for Information Collection 2120-0021 518 Airman Certificate and/or Rating
Application
----------------------------------------------------------------------------------------------------------------
Time per Record-
Section response Responses Reporting keeping Total cost
(hours) (hours) (hours) (15.40/hr)
----------------------------------------------------------------------------------------------------------------
61.13........................... 0.10 89 8.9 .............. $137
61.39........................... 0.05 89 4.5 .............. 69
61.49........................... 0.05 1 0.0 .............. 0
61.51........................... 1.00 23 .............. 23.1 356
61.56(a)........................ 0.10 23 2.3 .............. 36
61.57........................... 0.10 89 .............. 8.9 137
61.87........................... 0.05 89 .............. 4.5 69
61.93........................... 0.10 89 .............. 8.9 137
61.185.......................... 0.10 15 .............. 1.5 23
61.189.......................... 1.00 15 .............. 15.0 231
61.197.......................... 0.10 15 1.5 .............. 23
-------------------------------------------------------------------------------
Totals...................... .............. 537 17 62 1,217
----------------------------------------------------------------------------------------------------------------
The FAA is soliciting comments to--
---------------------------------------------------------------------------
\518\ To calculate the economic burden on respondents, the FAA
uses an hourly rate of $15.40. This is an all-purpose travel-time
rate, which is appropriate for this ICR because respondents
represent a wide array of occupations, and are often performing
their reporting or recordkeeping activities on their own time. The
travel-time rate is derived from Department of Transportation
guidance (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/), modified by a Consumer Price Index for all Urban
Consumers (CPI-U) value calculated by the Minneapolis Fed (https://www.faa.gov/regulations_policies/policy_guidance/benefit_cost/). The
FAA is not applying a load factor for overhead or benefits, because,
as noted, these activities are typically not performed as part of a
respondent's job or occupation.
---------------------------------------------------------------------------
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the FAA,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the FAA's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by August 14, 2023. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.
G. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences between the FAA's proposed regulations
and the ICAO standards.
H. Environmental Analysis
In accordance with the provisions of regulations issued by the
Council on Environmental Quality (40 CFR parts 1500 through 1508), FAA
Order 1050.1F identifies FAA actions that are categorically excluded
from preparation of an Environmental Assessment or Environmental Impact
Statement under the National Environmental Policy Act (NEPA) in the
absence of extraordinary circumstances.
The FAA has determined this NPRM action qualifies for the
categorical exclusion identified in paragraph 5-6.6.f of this order and
involves no extraordinary circumstances.
In making this determination, the FAA also considered the recent
technological advancement regarding fabrication of small and powerful
electric motors, actuators, and advance control system technologies
that manufacturers could apply in the design and development of new and
novel aircraft that are different from the legacy conventional aircraft
categories defined in current noise certification standards of 14 CFR
part 36.
These diverse concept designs may require additional noise
certification requirements that are tailored to these new aircraft
types, instead of following the existing requirements for small
propeller airplanes, jet transport airplanes, helicopters, or tiltrotor
aircraft. The FAA will examine each application and determine whether
existing part 36 requirements are appropriate as a noise certification
basis. If not, FAA may require Rules of Particular Applicability (RPA)
to establish the noise certification basis for these new aircraft
designs.
This categorical exclusion finding applies only to this proposed
rule. The FAA will initiate a separate review of any final rule.
I. Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying 14 CFR in a manner
affecting
[[Page 39079]]
intrastate aviation in Alaska, to consider the extent to which Alaska
is not served by transportation modes other than aviation, and to
establish appropriate regulatory distinctions. Because this proposed
rule would apply to operations of powered-lift that could occur
throughout the territorial airspace of the United States, it could, if
adopted, affect intrastate aviation in Alaska. The FAA, therefore,
specifically requests comments on whether there is justification for
applying the proposed rule differently in intrastate operations in
Alaska.
X. Executive Order Determinations
A. Executive Order 14036, Promoting Competition in the United States
Economy
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 14036, Promoting Competition in the
United States Economy. The FAA finds that this action would promote
competition by enabling powered-lift to enter the market. The FAA
anticipates that powered-lift would compete with surface transportation
modes in congested intra-city areas for those passengers that want the
benefits of convenient and shorter travel times compared to traditional
intra-city travel modes that are currently available. Additionally, the
integration of powered-lift into the NAS would foster competition
between powered-lift, airplanes, and helicopters with respect to
passenger-carrying operations and cargo operations, which would benefit
American travelers, consumers, and businesses. By enabling the safe
integration of powered-lift into the NAS, the proposed rule would
facilitate innovations that foster United States market leadership and
market entry to promote competition and economic opportunity and to
resist monopolization, while also ensuring safety, promoting equity,
and providing oversight of market participants.
B. Executive Order 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government.
Consistent with Executive Order 13985, the FAA has analyzed this
proposed rule to assess whether, and to what extent, it may perpetuate
systemic barriers to opportunities and benefits for underserved
communities and their members. The FAA finds that the proposed rule to
enable the certification of powered-lift pilots and safe powered-lift
operations could advance equity for historically disadvantaged
communities by expanding their access to goods and services. FAA seeks
comment on how this emerging technology could promote equity, and what
factors impacting equity, if any, FAA should consider as it enters the
marketplace.
C. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order (E.O.) 13132, Federalism. The FAA has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
federalism implications. The FAA notes that States are already
preempted from regulating aviation safety and the efficient use of
airspace by aircraft.\519\
---------------------------------------------------------------------------
\519\ Congress has vested the FAA with authority to regulate the
areas of airspace use, management and efficiency, air traffic
control, safety, navigational facilities, pilot training and
certification, and aircraft noise at its source. See, e.g., 49
U.S.C. 40103, 44502, and 44701-44735.
---------------------------------------------------------------------------
D. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\520\ and FAA Order
1210.20, American Indian and Alaska Native Tribal Consultation Policy
and Procedures,\521\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------
\520\ 65 FR 67249 (Nov. 6, 2000).
\521\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
E. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FAA has determined that it would not be a
``significant energy action'' under the executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.
F. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
E.O. 13609 and has determined that this action would have no effect on
international regulatory cooperation.
XI. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The FAA also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically or commenters should send only one copy of
written comments if comments are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
[[Page 39080]]
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 60
Airmen, Aviation safety, Reporting and recordkeeping requirements.
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Recreation and recreation areas,
Reporting and recordkeeping requirements, Security measures, Teachers.
14 CFR Part 91
Agriculture, Air carriers, Air taxis, Air traffic control,
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight,
Reporting and recordkeeping requirements, Security measures,
Transportation.
14 CFR Part 97
Air traffic control, Airports, Navigation (air), Weather.
14 CFR Part 111
Administrative practice and procedure, Air carriers, Air taxis,
Aircraft, Airmen, Alcohol abuse, Aviation safety, Charter flights, Drug
abuse, Reporting and recordkeeping requirements.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
14 CFR Part 136
Air transportation, Aircraft, Aviation safety, National parks,
Recreation and recreation areas, Reporting and recordkeeping
requirements.
14 CFR Part 141
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.
14 CFR Part 142
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools, Teachers.
14 CFR Part 194
Air carriers, Air taxis, Air traffic control, Air transportation,
Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight,
Incorporation by reference, Navigation (air), Recreation and recreation
areas, Reporting and recordkeeping requirements, Teachers, Schools.
The Proposed Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701.
0
2. Amend Sec. 1.1 by revising the introductory text to read as
follows:
Sec. 1.1 General definitions.
As used in this chapter, unless the context requires otherwise:
* * * * *
0
3. Amend Sec. 1.2 by revising the introductory text to read as
follows:
Sec. 1.2 Abbreviations and symbols.
In this chapter:
* * * * *
0
4. Amend Sec. 1.3 by revising paragraphs (a) introductory text and (b)
introductory text to read as follows:
Sec. 1.3 Rules of construction.
(a) In this chapter, unless the context requires otherwise:
* * * * *
(b) In this chapter, the word:
* * * * *
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
0
5. The authority citation for part 43 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105,
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
6. Amend Sec. 43.1 by adding paragraph (e) to read as follows:
Sec. 43.1 Applicability.
* * * * *
[[Page 39081]]
(e) Additional applicability of maintenance provisions for powered-
lift is set forth in part 194 of this chapter.
PART 60--FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING
QUALIFICATION AND USE
0
7. The authority citation for part 60 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, and 44701; Pub. L.
111-216, 124 Stat. 2348 (49 U.S.C. 44701 note).
0
8. Amend Sec. 60.1 by revising paragraph (a) to read as follows:
Sec. 60.1 Applicability.
(a) This part prescribes the rules governing the initial and
continuing qualification and use of all aircraft flight simulation
training devices (FSTD) used for meeting training, evaluation, or
flight experience requirements of this chapter for flight crewmember
certification or qualification. Additional requirements for FSTD
representing powered-lift are set forth in part 194 of this chapter.
* * * * *
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
9. The authority citation for part 61 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, and 45301-45302; sec. 2307,
Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); and sec. 318,
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44703 note).
0
10. In part 61, revise all references to ``cross-country flight time''
to read ``cross-country time''.
0
11. Amend Sec. 61.1 by:
0
a. Revising paragraph (a); and
0
b. In the definition of ``Cross-country time'' in paragraph (b),
revising paragraph (i) introductory text.
The revision reads as follows:
Sec. 61.1 Applicability and definitions.
(a) Except as provided in parts 107 and 194 of this chapter, this
part prescribes:
(1) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings; the conditions under which
those certificates and ratings are necessary; and the privileges and
limitations of those certificates and ratings.
(2) The requirements for issuing pilot, flight instructor, and
ground instructor authorizations; the conditions under which those
authorizations are necessary; and the privileges and limitations of
those authorizations.
(3) The requirements for issuing pilot, flight instructor, and
ground instructor certificates and ratings for persons who have taken
courses approved by the Administrator under other parts of this
chapter.
(b) * * *
Cross-country time * * *
(i) Except as provided in paragraphs (ii) through (vii) of this
definition, time acquired during flight--
* * * * *
0
12. Amend Sec. 61.3 by revising paragraphs (e)(1) and (2), (f)(2)(i)
and (ii), and (g)(2)(i) and (ii) to read as follows:
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
* * * * *
(e) * * *
(1) The appropriate aircraft category, class, type (if a class or
type rating is required), and instrument rating on that person's pilot
certificate for any airplane, helicopter, or powered-lift being flown;
(2) An airline transport pilot certificate with the appropriate
aircraft category, class, and type rating (if a class or type rating is
required) for the aircraft being flown;
* * * * *
(f) * * *
(2) * * *
(i) Holds a pilot certificate with category and class ratings (if a
class rating is required) for that aircraft and an instrument rating
for that category aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings (if a class rating is required) for that aircraft; or
* * * * *
(g) * * *
(2) * * *
(i) Holds a pilot certificate with category and class ratings (if a
class rating is required) for that aircraft and an instrument rating
for that category aircraft;
(ii) Holds an airline transport pilot certificate with category and
class ratings (if a class rating is required) for that aircraft; or
* * * * *
0
13. Amend Sec. 61.5 by:
0
a. Redesignating paragraphs (b)(7)(iii) and (iv) as paragraphs
(b)(7)(iv) and (b)(9), respectively; and
0
b. Adding new paragraph (b)(7)(iii).
The addition reads as follows:
Sec. 61.5 Certificates and ratings issued under this part.
* * * * *
(b) * * *
(7) * * *
(iii) Powered-lift.
* * * * *
0
14. Amend Sec. 61.31 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (l)(1).
The revision and addition read as follows:
Sec. 61.31 Type rating requirements, additional training, and
authorization requirements.
(a) * * *
(3) Powered-lift.
* * * * *
(l) * * *
(1) This section does not require a category and class rating for
aircraft that is not identified as an aircraft under Sec. 61.5(b).
* * * * *
0
15. Amend Sec. 61.39 by revising paragraph (a)(3) to read as follows:
Sec. 61.39 Prerequisites for practical tests.
(a) * * *
(3) Have satisfactorily accomplished the required training and
obtained the aeronautical experience prescribed by this part for the
certificate or rating sought, and:
(i) If applying for the practical test with flight time
accomplished under Sec. 61.159(c), present a copy of the records
required by Sec. 135.63(a)(4)(vi) and (x) of this chapter; or
(ii) If applying for a practical test for the issuance of an
initial category and class rating (if a class rating is required) at
the private, commercial, or airline transport pilot certificate level
in an aircraft that requires a type rating or a flight simulator or
flight training device that represents an aircraft that requires a type
rating, meet the eligibility requirements for the type rating or
already hold the type rating on their pilot certificate;
* * * * *
0
16. Amend Sec. 61.43 by adding paragraph (g) to read as follows:
Sec. 61.43 Practical tests: General procedures.
* * * * *
(g) A practical test for an airline transport pilot (ATP)
certificate with category and class rating (if a class rating is
required) in an aircraft that requires a type rating or in a flight
simulation training device that represents an aircraft that requires a
type rating includes the same tasks and maneuvers as a practical test
for a type rating.
[[Page 39082]]
0
17. Amend Sec. 61.47 by revising the section heading and adding
paragraph (d) to read as follows:
Sec. 61.47 Status and responsibilities of an examiner who is
authorized by the Administrator to conduct practical tests.
* * * * *
(d) An examiner may not conduct a practical test for the issuance
of an initial category and class rating (if a class rating is required)
at the private, commercial, or airline transport pilot certificate
level in an aircraft that requires a type rating or a flight simulator
or flight training device that represents an aircraft that requires a
type rating unless:
(1) The applicant meets the eligibility requirements for a type
rating in that aircraft or already holds that type rating on their
certificate; and
(2) The practical test contains the tasks and maneuvers for a type
rating specified in the areas of operation at the airline transport
pilot certification level.
0
18. Amend Sec. 61.51 by revising paragraph (f)(2) to read as follows:
Sec. 61.51 Pilot logbooks.
* * * * *
(f) * * *
(2) Holds the appropriate category, class, and instrument rating
(if a class or instrument rating is required) for the aircraft being
flown, and more than one pilot is required under the type certification
of the aircraft or the regulations under which the flight is being
conducted; or
* * * * *
0
19. Amend Sec. 61.55 by revising paragraph (a) to read as follows:
Sec. 61.55 Second-in-command qualifications.
(a) A person may serve as a second-in-command of an aircraft type
certificated for more than one required pilot flight crewmember or in
operations requiring a second-in-command pilot flight crewmember only
if that person meets the following requirements:
(1) Holds at least a private pilot certificate with the appropriate
category and class rating;
(2) Holds an instrument rating or privilege that applies to the
aircraft being flown if the flight is under IFR;
(3) Holds at least a pilot type rating for the aircraft being flown
unless the flight will be conducted as domestic flight operations
within the United States airspace; and
(4) If serving as second-in-command of a powered-lift, satisfies
the requirements specified in Sec. 194.209(a) of this chapter.
* * * * *
0
20. Amend Sec. 61.57 by revising paragraphs (a)(1)(ii), (b)(1)(ii),
and (g)(1) and (4) to read as follows:
Sec. 61.57 Recent flight experience: Pilot in command.
(a) * * *
(1) * * *
(ii) The required takeoffs and landings were performed in an
aircraft of the same category, class, and type (if a class or type
rating is required), and, if the aircraft to be flown is an airplane
with a tailwheel, the takeoffs and landings must have been made to a
full stop in an airplane with a tailwheel.
* * * * *
(b) * * *
(1) * * *
(ii) The required takeoffs and landings were performed in an
aircraft of the same category, class, and type (if a class or type
rating is required).
* * * * *
(g) * * *
(1) An Examiner who is qualified to perform night vision goggle
operations in that same aircraft category and class (if a class rating
is required);
* * * * *
(4) An authorized flight instructor who is qualified to perform
night vision goggle operations in that same aircraft category and class
(if a class rating is required);
* * * * *
Sec. 61.63 [Amended]
0
21. Amend Sec. 61.63 by removing and reserving paragraph (h).
0
22. Amend Sec. 61.64 by revising paragraphs (a)(1) and (e), (f)
introductory text, and (g)(1) to read as follows:
Sec. 61.64 Use of a flight simulator and flight training device.
(a) * * *
(1) Must represent the category, class, and type (if a class or
type rating is applicable) for the rating sought, except that a person
may not use a flight simulator or flight training device representing
an aircraft requiring a type rating for any portion of the practical
test without seeking a type rating for that aircraft; and
* * * * *
(e) Except as provided in paragraph (f) of this section, if a
powered-lift is not used during the practical test for a type rating in
a powered-lift (except for preflight inspection), an applicant must
accomplish the entire practical test in a Level C or higher flight
simulator and have 500 hours of flight time in the type of powered-lift
for which the rating is sought.
(f) If the applicant does not meet one of the experience
requirements of paragraphs (b)(1) through (5), paragraphs (c)(1)
through (5), paragraphs (d)(1) through (4), or paragraph (e) of this
section, as appropriate to the type rating sought, then--
* * * * *
(g) * * *
(1) Performs 25 hours of flight time in an aircraft of the
appropriate category, class, and type for which the limitation applies
under the direct observation of the pilot in command who holds a
category, class (if a class rating is required), and type rating,
without limitations, for the aircraft;
* * * * *
0
23. Amend Sec. 61.109 by revising paragraph (e)(5) introductory text
to read as follows:
Sec. 61.109 Aeronautical experience.
* * * * *
(e) * * *
(5) 10 hours of solo flight time in a powered-lift consisting of at
least--
* * * * *
0
24. Amend Sec. 61.163 by adding paragraphs (c), (d), and (e) to read
as follows:
Sec. 61.163 Aeronautical experience: Powered-lift category rating.
* * * * *
(c) Flight time logged under Sec. 61.159(c) may be counted toward
the 1,500 hours of total time as a pilot required by paragraph (a) of
this section and the flight time requirements of paragraphs (a)(1),
(2), and (4) of this section.
(d) An applicant who credits time under paragraph (c) of this
section is issued an airline transport pilot certificate with the
limitation ``Holder does not meet the pilot in command aeronautical
experience requirements of ICAO,'' as prescribed under Article 39 of
the Convention on International Civil Aviation.
(e) An applicant is entitled to an airline transport pilot
certificate without the ICAO limitation specified under paragraph (d)
of this section when the applicant presents satisfactory evidence of
having met the ICAO requirements under paragraph (d) of this section
and otherwise meets the aeronautical experience requirements of this
section.
Sec. 61.165 [Amended]
0
25. Amend Sec. 61.165 by removing paragraph (g).
0
26. Amend Sec. 61.167 by revising the introductory text of paragraph
(a)(2) to read as follows:
[[Page 39083]]
Sec. 61.167 Airline transport pilot privileges and limitations.
(a) * * *
(2) A person who holds an airline transport pilot certificate and
has met the aeronautical experience requirements of Sec. 61.159, Sec.
61.161, or Sec. 61.163, and the age requirements of Sec. 61.153(a)(1)
may instruct--
* * * * *
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
27. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
28. Amend Sec. 91.1 by revising paragraph (d) and adding paragraph (g)
to read as follows:
Sec. 91.1 Applicability.
* * * * *
(d) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each aircraft.
* * * * *
(g) Additional requirements for powered-lift operations are set
forth in part 194 of this chapter.
Sec. 91.205 [Amended]
0
29. Amend Sec. 91.205 by removing the word ``category'' after the word
``standard'' wherever it appears.
0
30. Amend Sec. 91.903 by revising paragraph (a) to read as follows:
Sec. 91.903 Policy and procedures.
(a) The Administrator may issue a certificate of waiver authorizing
the operation of aircraft in deviation from any rule listed in this
subpart or any rule listed in this subpart as modified by subpart C of
part 194 of this chapter if the Administrator finds that the proposed
operation can be safely conducted under the terms of that certificate
of waiver.
* * * * *
0
31. Amend Sec. 91.1053 by revising paragraph (a)(2)(i) to read as
follows:
Sec. 91.1053 Crewmember experience.
(a) * * *
(2) * * *
(i) Pilot in command--Airline transport pilot and applicable type
ratings not limited to VFR only.
* * * * *
Sec. 91.1115 [Amended]
0
32. Amend Sec. 91.1115(b)(1) by removing the word ``airplane'' and
adding in its place the word ``aircraft''.
PART 97--STANDARD INSTRUMENT PROCEDURES
0
33. The authority citation for part 97 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, and 44721-44722.
0
34. Amend Sec. 97.1 by adding paragraph (c) to read as follows:
Sec. 97.1 Applicability.
* * * * *
(c) Additional applicability of copter procedures for powered-lift
is set forth in part 194 of this chapter.
PART 111--PILOT RECORDS DATABASE
0
35. The authority citation for part 111 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703,
44711, 46105, 46301.
0
36. Amend Sec. 111.1 by revising paragraph (b)(4) introductory text
and adding paragraph (b)(4)(iii) to read as follows:
Sec. 111.1 Applicability.
* * * * *
(b) * * *
(4) Each operator that operates two or more aircraft described in
paragraph (b)(4)(i), (ii), or (iii) of this section, in furtherance of
or incidental to a business, solely pursuant to the general operating
and flight rules in part 91 of this chapter, or that operates aircraft
pursuant to a Letter of Deviation Authority issued under Sec. 125.3 of
this chapter.
* * * * *
(iii) Large powered-lift.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
37. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
38. Amend Sec. 135.1 by adding paragraph (d) to read as follows:
Sec. 135.1 Applicability.
* * * * *
(d) Additional requirements for powered-lift operations, training,
checking, and testing, are set forth in part 194 of this chapter.
0
39. Amend Sec. 135.100 by:
0
a. Adding paragraph (d); and
0
b. Removing the note at the end of the section.
The addition reads as follows:
Sec. 135.100 Flight crewmember duties.
* * * * *
(d) For purposes of this section, taxi is defined as ``movement of
an aircraft under its own power on the surface of an airport''.
0
40. Amend Sec. 135.152 by revising paragraph (j) to read as follows:
Sec. 135.152 Flight data recorders.
* * * * *
(j) For all turbine-engine-powered airplanes with a seating
configuration, excluding any required crewmember seat, of 10 to 30
passenger seats, that are manufactured after August 19, 2002, the
parameters listed in paragraphs (h)(1) through (88) of this section
must be recorded within the ranges, accuracies, resolutions, and
recording intervals specified in appendix F to this part.
* * * * *
0
41. Amend Sec. 135.179 by revising paragraph (b)(1) to read as
follows:
Sec. 135.179 Inoperable instruments and equipment.
* * * * *
(b) * * *
(1) Instruments and equipment that are either specifically or
otherwise required by the airworthiness requirements under which the
aircraft is type certificated and which are essential for safe
operations under all operating conditions.
* * * * *
0
42. Amend Sec. 135.243 by:
0
a. Revising paragraph (a)(1);
0
b. Adding paragraph (a)(3);
0
c. Revising paragraphs (b)(1) and (4);
0
d. Adding paragraph (b)(5);
0
e. Revising paragraphs (c)(1) and (4); and
0
f. Adding paragraph (c)(5).
The revisions and additions read as follows:
Sec. 135.243 Pilot in command qualifications.
(a) * * *
(1) Of a turbojet airplane, of an airplane having a passenger-seat
configuration, excluding each crewmember seat, of 10 seats or more, or
of a multiengine airplane in a commuter operation as defined in part
110 of this chapter, unless that person holds an airline transport
pilot certificate with appropriate category and
[[Page 39084]]
class ratings and, if required, an appropriate type rating for that
airplane.
* * * * *
(3) Of a turbojet-powered powered-lift, of a powered-lift having a
passenger-seat configuration, excluding each crewmember seat, of 10
seats or more, or of a powered-lift in a commuter operation as defined
in part 110 of this chapter, unless that person holds an airline
transport pilot certificate with appropriate category rating, and
appropriate type rating not limited to VFR for that powered-lift.
(b) * * *
(1) Holds at least a commercial pilot certificate with appropriate
category and class ratings, an appropriate type rating for that
aircraft, if required, and for a powered-lift, a type rating for that
aircraft not limited to VFR; and
* * * * *
(4) For helicopter operations conducted VFR over-the-top, holds a
helicopter instrument rating, or an airline transport pilot certificate
with a category and class rating for that aircraft, not limited to VFR;
or
(5) For a powered-lift, holds an instrument-powered-lift rating or
an airline transport pilot certificate with a powered-lift category
rating.
(c) * * *
(1) Holds at least a commercial pilot certificate with appropriate
category and class ratings, an appropriate type rating for that
aircraft, if required, and for a powered-lift, a type rating for that
aircraft not limited to VFR; and
* * * * *
(4) For a helicopter, holds a helicopter instrument rating, or an
airline transport pilot certificate with a category and class rating
for that aircraft, not limited to VFR; or
(5) For a powered-lift, holds an instrument-powered-lift rating or
an airline transport pilot certificate with a powered-lift category
rating.
* * * * *
Sec. 135.244 [Amended]
0
43. Amend Sec. 135.244 by removing the number ``119'' in the
introductory text of paragraph (a) and adding in its place the number
``110''.
0
44. Amend Sec. 135.245 by revising the introductory text of paragraph
(c)(1) to read as follows:
Sec. 135.245 Second in command qualifications.
* * * * *
(c) * * *
(1) Use of an airplane, powered-lift, or helicopter for maintaining
instrument experience. Within the 6 calendar months preceding the month
of the flight, that person performed and logged at least the following
tasks and iterations in-flight in an airplane, powered-lift, or
helicopter, as appropriate, in actual weather conditions, or under
simulated instrument conditions using a view-limiting device:
* * * * *
0
45. Amend Sec. 135.293 by:
0
a. Revising paragraphs (a)(9), (b), and (c); and
0
b. Removing and reserving paragraph (h).
The revisions read as follows:
Sec. 135.293 Initial and recurrent pilot testing requirements.
(a) * * *
(9) For rotorcraft and powered-lift pilots, procedures for aircraft
handling in flat-light, whiteout, and brownout conditions, including
methods for recognizing and avoiding those conditions.
(b) No certificate holder may use a pilot, nor may any person serve
as a pilot, in any aircraft unless, since the beginning of the 12th
calendar month before that service, that pilot has passed a competency
check given by the Administrator or an authorized check pilot in that
class of aircraft, if single-engine airplane other than turbojet, or
that type of aircraft, if helicopter, multiengine airplane, turbojet
airplane, or powered-lift to determine the pilot's competence in
practical skills and techniques in that aircraft or class of aircraft.
The extent of the competency check shall be determined by the
Administrator or authorized check pilot conducting the competency
check. The competency check may include any of the maneuvers and
procedures currently required for the original issuance of the
particular pilot certificate required for the operations authorized and
appropriate to the category, class and type of aircraft involved. For
the purposes of this paragraph (b), type, as to an airplane means any
one of a group of airplanes determined by the Administrator to have a
similar means of propulsion, the same manufacturer, and no
significantly different handling or flight characteristics. For the
purposes of this paragraph (b), type, as to a helicopter, means a basic
make and model.
(c) Each competency check given in a rotorcraft or powered-lift
must include a demonstration of the pilot's ability to maneuver the
rotorcraft or powered-lift solely by reference to instruments. The
check must determine the pilot's ability to safely maneuver the
rotorcraft or powered-lift into visual meteorological conditions
following an inadvertent encounter with instrument meteorological
conditions. For competency checks in non-IFR-certified rotorcraft or
powered-lift, the pilot must perform such maneuvers as are appropriate
to the rotorcraft's or powered-lift's installed equipment, the
certificate holder's operations specifications, and the operating
environment.
* * * * *
0
46. Amend Sec. 135.297 by revising paragraphs (c)(1)(i) and (ii) and
(g)(3) to read as follows:
Sec. 135.297 Pilot in command: Instrument proficiency check
requirements.
* * * * *
(c) * * *
(1) * * *
(i) For a pilot in command of an aircraft under Sec. 135.243(a),
include the procedures and maneuvers for an airline transport pilot
certificate in the particular type of aircraft, if appropriate; and
(ii) For a pilot in command of an aircraft under Sec. 135.243(c),
include the procedures and maneuvers for a commercial pilot certificate
with an instrument rating and, if required, for the appropriate type
rating.
* * * * *
(g) * * *
(3) Each pilot taking the autopilot check must show that, while
using the autopilot:
(i) The airplane or powered-lift can be operated as proficiently as
it would be if a second in command were present to handle air-ground
communications and air traffic control instructions. The autopilot
check need only be demonstrated once every 12 calendar months during
the instrument proficiency check required under paragraph (a) of this
section.
(ii) On and after [DATE 6 MONTHS AFTER THE EFFECTIVE DATE OF FINAL
RULE], rotorcraft can be operated as proficiently as it would be if a
second in command were present to handle air-ground communications and
air traffic control instructions. The autopilot check need only be
demonstrated once every 12 calendar months during the instrument
proficiency check required under paragraph (a) of this section.
0
47. Effective [DATE 6 MONTHS AFTER THE EFFECTIVE DATE OF FINAL RULE],
further amend Sec. 135.297 by revising paragraph (g)(3) to read as
follows:
Sec. 135.297 Pilot in command: Instrument proficiency check
requirements.
* * * * *
(g) * * *
[[Page 39085]]
(3) Each pilot taking the autopilot check must show that, while
using the autopilot, the aircraft can be operated as proficiently as it
would be if a second in command were present to handle air-ground
communications and air traffic control instructions. The autopilot
check need only be demonstrated once every 12 calendar months during
the instrument proficiency check required under paragraph (a) of this
section.
PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR
MANAGEMENT
0
48. The authority citation for part 136 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.
0
49. Amend Sec. 136.1 by adding paragraph (f) to read as follows:
Sec. 136.1 Applicability and definitions.
* * * * *
(f) Additional requirements for powered-lift operations are set
forth in part 194 of this chapter.
PART 141--PILOT SCHOOLS
0
50. The authority citation for part 141 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709, 44711, 45102-45103, 45301-45302.
0
51. Revise Sec. 141.1 to read as follows:
Sec. 141.1 Applicability.
This part prescribes the requirements for issuing pilot school
certificates, provisional pilot school certificates, and associated
ratings, and the general operating rules applicable to a holder of a
certificate or rating issued under this part. Additional requirements
for pilot schools seeking to provide training courses for powered-lift
certification and ratings are set forth in part 194 of this chapter.
PART 142--TRAINING CENTERS
0
52. The authority citation for part 142 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 44701-
44703, 44705, 44707, 44709-44711, 45102-45103, 45301-45302.
0
53. Amend Sec. 142.1 by adding paragraph (d) to read as follows:
Sec. 142.1 Applicability.
* * * * *
(d) Additional requirements for training centers seeking to provide
curriculums for powered-lift certification and ratings are set forth in
part 194 of this chapter.
0
54. Amend Sec. 142.11 by revising paragraph (d)(2)(iii) to read as
follows:
Sec. 142.11 Application for issuance or amendment.
* * * * *
(d) * * *
(2) * * *
(iii) For each flight simulator or flight training device, the make
model, and series of aircraft or the set of aircraft being simulated
and the qualification level assigned;
* * * * *
0
55. Amend Sec. 142.47 by revising paragraphs (a)(5)(ii) and (c)(2)(ii)
to read as follows:
Sec. 142.47 Training center instructor eligibility requirements.
(a) * * *
(5) * * *
(ii) If instructing in flight simulator or flight training device
that represents an aircraft requiring a type rating or if instructing
in a curriculum leading to the issuance of an airline transport pilot
certificate or an added rating to an airline transport pilot
certificate, meets the aeronautical experience requirements of Sec.
61.159, Sec. 61.161, or Sec. 61.163 of this chapter, as applicable. A
person employed as an instructor and instructing in a flight simulator
or flight training device that represents a rotorcraft requiring a type
rating is not required to meet the aeronautical experience requirements
of this paragraph (a)(5)(ii) if:
(A) The person is not instructing in a curriculum leading to the
issuance of an airline transport pilot certificate or an added rating
to an airline transport pilot certificate; and
(B) The person was employed and met the remaining requirements of
this section on [EFFECTIVE DATE OF FINAL RULE]; or
* * * * *
(c) * * *
(2) * * *
(ii) That is accepted by the Administrator as being of equivalent
difficulty, complexity, and scope as the tests provided by the
Administrator for the applicable flight instructor and instrument
flight instructor knowledge tests to the aircraft category in which
they are instructing.
Sec. 142.53 [Amended]
0
56. Amend Sec. 142.53 in paragraphs (b)(2)(i) and (b)(3)(i) by
removing the word ``airplane'' and adding in its place the word
``aircraft''.
Sec. 142.57 [Amended]
0
57. Amend Sec. 142.57(c) by removing the word ``Airplanes'' and adding
in its place the word ``Aircraft''.
0
58. Under the authority of 49 U.S.C. 106(f), add subchapter L,
consisting of part 194, to read as follows:
Subchapter L--Other Special Federal Aviation Regulations
PART 194--SPECIAL FEDERAL AVIATION REGULATION NO. 120--POWERED-
LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS
Sec.
Subpart A--General
194.101 Applicability.
194.103 Definitions.
194.105 Qualification of powered-lift FSTDs.
194.107 Expiration.
194.109 Incorporation by reference.
Subpart B--Certification, Training, and Qualification Requirements for
Pilots and Flight Instructors
194.201 Alternate definition of cross-country time.
194.203 Alternate qualification requirements for certain flight
instructors.
194.205 Limitations on flight training privileges for holders of
airline transport pilot certificates under a part 135 of this
chapter approved training program.
194.207 Alternate requirement for practical tests and training in a
powered-lift.
194.209 Additional qualification requirements for certain pilots
serving as second-in-command.
194.211 Alternate eligibility requirements for a person seeking a
powered-lift type rating.
194.213 Alternate endorsement requirements for certain persons
seeking a powered-lift rating.
194.215 Applicability of alternate aeronautical experience and
logging requirements for commercial pilot certification and a
powered-lift instrument rating.
194.217 Test pilots: Alternate aeronautical experience and logging
requirements for a commercial pilot certificate with a powered-lift
category rating.
194.219 Instructor pilots: Alternate aeronautical experience and
logging requirements for a commercial pilot certificate with a
powered-lift category rating.
194.221 Initial cadre of instructors: Alternate aeronautical
experience and logging requirements for a commercial pilot
certificate with a powered-lift category rating.
194.223 Pilots receiving training under an approved training
program: Alternate requirements for a commercial pilot certificate
with a powered-lift category rating.
194.225 Test pilots: Alternate aeronautical experience and logging
requirements for an instrument-powered-lift rating.
194.227 Instructor pilots: Alternate aeronautical experience and
logging requirements for an instrument-powered-lift rating.
[[Page 39086]]
194.229 Initial cadre of instructors: Alternate aeronautical
experience and logging requirements for an instrument-powered-lift
rating.
194.231 Pilots receiving training under an approved training
program: Alternate requirements for an instrument-powered-lift
rating.
194.233 Alternate means to satisfy the cross-country aeronautical
experience requirements for a commercial pilot certificate with a
powered-lift category rating.
194.235 Alternate means to satisfy the cross-country aeronautical
experience requirements for an instrument-powered-lift rating.
194.237 Alternate means to satisfy the cross-country aeronautical
experience requirements for a private pilot certificate with a
powered-lift category rating.
194.239 Alternate means to satisfy minimum curriculum content in
certain appendices to part 141 of this chapter.
194.241 Alternate qualification requirements for chief instructors,
assistant chief instructors, and check instructors.
194.243 Pilot certification through completion of training, testing,
and checking part 135 of this chapter.
194.245 Pilot qualification and program management requirements to
operate powered-lift under subpart K of part 91 of this chapter.
194.247 Pilot qualification requirements to operate powered-lift
under part 135 of this chapter.
194.249 References to class in parts 135, 141, and 142 of this
chapter.
194.251 Alternate means to satisfy minimum curriculum content in
training courses under part 142 of this chapter.
Subpart C--Requirements for Persons Operating Powered-lift
194.301 Applicability.
194.302 Airplane provisions under part 91 of this chapter applicable
to powered-lift.
194.303 Rotorcraft and helicopter provisions under part 91 of this
chapter applicable to powered-lift.
194.304 IFR takeoff, approach, and landing minimums.
194.305 ATC transponder and altitude reporting equipment and use.
194.306 Applicability of copter procedures under part 97 of this
chapter to powered-lift.
194.307 Airplane provisions under part 135 of this chapter
applicable to powered-lift.
194.308 Rotorcraft and helicopter provisions under part 135 of this
chapter applicable to powered-lift.
194.309 Applicability of rules for eligible on-demand operations.
194.310 Applicability of national air tour safety standards under
part 136 of this chapter to powered-lift.
194.311 Applicability of flight instruction; Simulated instrument
flight.
194.312 Powered-lift in vertical-lift flight mode, flight recorder
specifications under part 91 of this chapter.
194.313 Powered-lift in wing-borne flight mode, flight recorder
specifications under part 91 of this chapter.
194.314 Powered-lift in vertical-lift flight mode, flight recorder
specifications under part 135 of this chapter.
194.315 Powered-lift in wing-borne flight mode, flight recorder
specification under part 135 of this chapter.
Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration Requirements for Powered-lift under Part 43 of this Chapter
194.401 Applicability.
194.402 Maintenance provisions.
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40113,
44701-44705, 44707, 44712, 44713, 44715, 44716, and 44722.
Subpart A--General
Sec. 194.101 Applicability.
(a) The Special Federal Aviation Regulation (SFAR) in this part
prescribes:
(1) Certain requirements for that may be satisfied in lieu of the
requirements of part 61 of this chapter for persons seeking a powered-
lift pilot certificate and rating, the conditions under which those
certificates and ratings are necessary, and the privileges and
limitations of those certificates and ratings;
(2) The general operating rules applicable to all persons operating
powered-lift, including those an operator must meet to conduct powered-
lift operations under parts 91, 135, and 136 of this chapter;
(3) The requirements for persons conducting training, testing, and
checking utilizing a powered-lift or flight simulation training device
(FSTD) representing a powered-lift under parts 135, 141, and 142 of
this chapter; and
(4) The requirements for persons conducting maintenance,
preventative maintenance, rebuilds, alterations, or inspections on
powered-lift pursuant to part 43 of this chapter.
(b) In addition to the requirements in this part, the following
parts continue to apply to those persons described in paragraph (a) of
this section unless otherwise specified in this part: parts 43, 60, 61,
91, 97, 135, 136, 141, and 142 of this chapter.
Sec. 194.103 Definitions.
For the purpose of this part:
Extended over-water operation means a powered-lift operation over
water at a horizontal distance of more than 50 nautical miles from the
nearest shoreline and more than 50 nautical miles from an off-shore
heliport structure under part 91 or 135 of this chapter.
Heliport means an area of land, water, or structure used or
intended to be used for the landing and takeoff of helicopters and
powered-lift.
Instructor pilot means a pilot employed or used by a manufacturer
of a powered-lift to conduct operations of the powered-lift for the
purpose of developing a proposed training curriculum and providing crew
training.
Manufacturer means any person who holds, or is an applicant for, a
type or production certificate for an aircraft. An amateur builder
under Sec. 21.191(g) of this chapter, builder of a kit aircraft under
Sec. 21.191(h) of this chapter, or the holder of a restricted category
type certificate are not considered manufacturers for the purpose of
this part.
Test pilot means a pilot employed or used by a manufacturer of a
powered-lift to conduct operations of the powered-lift for the purpose
of research and development and showing compliance with this chapter.
Sec. 194.105 Qualification of powered-lift FSTDs.
For flight simulation training devices (FSTDs) representing
powered-lift for which qualification standards have not been issued
under part 60 of this chapter, the applicable requirements will be the
portions of the flight simulation training device qualification
performance standards contained in appendices A through D to part 60 of
this chapter that are found by the Federal Aviation Administration
(FAA) Administrator (Administrator) to be appropriate for the powered-
lift and applicable to a specific type design, or such FSTD
qualification criteria as the Administrator may find provide an
equivalent level of safety to those FSTD qualification standards.
Sec. 194.107 Expiration.
This part, consisting of Special Federal Aviation Regulation (SFAR)
No. 120, will remain in effect until [10 YEARS FROM THE FINAL RULE
EFFECTIVE DATE]. The FAA may amend, rescind, or extend the SFAR as
necessary.
Sec. 194.109 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the FAA and at the National
Archives and Records Administration (NARA). Contact the FAA's Office of
Rulemaking, 800 Independence Avenue SW, Washington,
[[Page 39087]]
DC 20590; phone: (202) 267-9677. For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The material may be
obtained from the sources in the following paragraphs:
(a) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036;
phone: (202) 833-9339; website: www.rtca.org/products.
(1) Section 2 of RTCA DO-309, Minimum Operational Performance
Standards (MOPS) for Helicopter Terrain Awareness and Warning System
(HTAWS) Airborne Equipment (Mar. 13, 2008); into Sec. Sec. 194.302;
194.307; and 194.308.
(2) [Reserved]
(b) U.S. Department of Transportation, Subsequent Distribution
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th
Avenue, Landover, MD 20785; phone (301) 322-5377; www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link ``Search Technical
Standard Orders'').
(1) Technical Standard Order (TSO)-C194, Helicopter Terrain
Awareness and Warning System (Dec. 17, 2008); into Sec. Sec. 194.302;
194.307; and 194.308.
(2) [Reserved]
Subpart B--Certification, Training, and Qualification Requirements
for Pilots and Flight Instructors
Sec. 194.201 Alternate definition of cross-country time.
Notwithstanding the cross-country time definitions in Sec. 61.1(b)
of this chapter, a person may log flight time in a powered-lift as
cross-country time provided the time was acquired during a flight--
(a) That includes a point of landing that was at least a straight-
line distance of more than 25 nautical miles from the original point of
departure; and
(b) That involves the use of dead reckoning, pilotage, electronic
navigation aids, radio aids, or other navigation systems to navigate to
the landing point.
Sec. 194.203 Alternate qualification requirements for certain flight
instructors.
(a) Instructor pilots at a manufacturer. In addition to the
provisions specified in Sec. 61.3(d)(3) of this chapter, a flight
instructor certificate issued under part 61 of this chapter is not
necessary to conduct flight training if the training is given by an
instructor pilot in a powered-lift at the manufacturer, provided the
training is conducted in accordance with the manufacturer's training
curriculum and is given to either--
(1) A test pilot; or
(2) A person authorized by the Administrator to serve as an initial
check pilot, chief instructor, assistant chief instructor, or training
center evaluator for the purpose of initiating training in a powered-
lift under an approved training program under part 135, 141, or 142 of
this chapter, as appropriate.
(b) Flight instructors under part 135 of this chapter.
Notwithstanding the requirement in Sec. 61.3(d)(3)(ii) of this
chapter, a person must hold a flight instructor certificate with the
appropriate powered-lift ratings to conduct training in accordance with
a training curriculum approved to meet the requirements of Sec.
194.243(a)(1).
Sec. 194.205 Limitations on flight training privileges for holders of
airline transport pilot certificates under a part 135 of this chapter
approved training program.
Notwithstanding the privileges in Sec. 61.167(a)(2) of this
chapter, a person who holds an airline transport pilot certificate with
powered-lift ratings must hold a flight instructor certificate with the
appropriate powered-lift ratings to instruct pilots in accordance with
a training curriculum approved to meet the requirements of Sec.
194.243(a)(1).
Sec. 194.207 Alternate requirement for practical tests and training
in a powered-lift.
(a) Required equipment for the practical test. Notwithstanding the
equipment requirement in Sec. 61.45(b)(1)(ii) of this chapter and the
limitation specified in Sec. 61.45(b)(2) of this chapter, an applicant
for a certificate or rating may use a powered-lift that is precluded
from performing all of the tasks required for the practical test
without receiving a limitation on the applicant's certificate or
rating, as appropriate.
(b) Waiver authority for a practical test conducted in a powered-
lift. An Examiner who conducts a practical test in a powered-lift may
waive any task for which the FAA has provided waiver authority.
(c) Flight training on waived tasks. Notwithstanding the
requirements in Sec. Sec. 61.107(a) and 61.127(a) of this chapter for
training to include the areas of operation listed in Sec. 61.107(b)(5)
or Sec. 61.127(b)(5) of this chapter, as applicable, an applicant
seeking a private pilot certificate or commercial pilot certificate
with a powered-lift category rating concurrently with a powered-lift
type rating is not required to receive and log flight training on a
task specified in an area of operation if the powered-lift is not
capable of performing the task, provided the FAA has issued waiver
authority for that task in accordance with paragraph (b) of this
section.
Sec. 194.209 Additional qualification requirements for certain pilots
serving as second-in-command.
(a) A person who obtains at least a private pilot certificate with
a powered-lift category rating by satisfactorily completing the
practical test in a powered-lift that is precluded from performing each
task required by Sec. 61.43(a)(1) of this chapter may not serve as
second-in-command of a powered-lift that is capable of performing the
tasks that were waived on the person's practical test until the person
has--
(1) Received and logged ground and flight training from an
authorized instructor on the specific tasks that were waived on the
person's practical test; and
(2) Received a logbook or training record endorsement from an
authorized instructor certifying the person has satisfactorily
demonstrated proficiency of those tasks.
(b) The training and endorsement required by paragraph (a) of this
section are not required if, prior to serving as second-in-command, a
person meets one of the following requirements--
(1) Successfully completes the practical test for a powered-lift
type rating, and the practical test includes each task required by
Sec. 61.43(a)(1) of this chapter; or
(2) Has received ground and flight training under an approved
training program and has satisfactorily completed a competency check
under Sec. 135.293 or Sec. 91.1065 of this chapter in a powered-lift,
and the approved training and checking include each task that was
previously waived in accordance with Sec. 194.207(b).
Sec. 194.211 Alternate eligibility requirements for a person seeking
a powered-lift type rating.
(a) General applicability. The requirements specified in paragraphs
(b) and (c) of this section apply only to persons seeking a type rating
in a powered-lift that is capable of performing instrument maneuvers
and procedures.
(b) Obtaining an initial powered-lift type rating without
concurrently obtaining the instrument-powered-lift rating. (1)
Notwithstanding the requirement to hold or concurrently obtain an
appropriate instrument rating in Sec. 61.63(d)(1) of this chapter, a
person who applies for an initial powered-lift type rating to be
completed
[[Page 39088]]
concurrently with a powered-lift category rating may apply for the type
rating without holding or concurrently obtaining a powered-lift
instrument rating, but the type rating will be limited to ``visual
flight rules (VFR) only.''
(2) Notwithstanding the requirement in Sec. 61.63(d)(4) of this
chapter, a person who applies for a powered-lift type rating pursuant
to paragraph (b)(1) of this section is not required to perform the type
rating practical test in actual or simulated instrument conditions.
(3) Except as specified in paragraph (b)(6) of this section, a
person who obtains a powered-lift type rating with a ``VFR only''
limitation pursuant to paragraph (b)(1) of this section must remove the
limitation in accordance with paragraph (b)(4) of this section within 2
calendar months from the month in which the person passes the type
rating practical test.
(4) The ``VFR only'' limitation may be removed after the person--
(i) Passes an instrument rating practical test in a powered-lift in
actual or simulated instrument conditions; and
(ii) Passes a practical test in the powered-lift type for which the
``VFR only'' limitation applies on the appropriate areas of operation
listed in Sec. 61.157(e)(3) of this chapter that consist of performing
instrument maneuvers and procedures in actual or simulated instrument
conditions.
(5) Except as specified in paragraph (b)(6) of this section, if a
person who obtains a powered-lift type rating with a ``VFR only''
limitation pursuant to paragraph (b)(1) of this section does not remove
the limitation within 2 calendar months from the month in which the
person completed the type rating practical test, the powered-lift type
rating for which the ``VFR only'' limitation applies will become
invalid for use until the person removes the limitation in accordance
with paragraph (b)(4) of this section.
(6) A person holding a private pilot certificate is not required to
remove the ``VFR only'' limitation if the limitation applies to a
powered-lift type that is not a large aircraft or turbojet-powered.
(c) Obtaining an additional powered-lift type rating with a ``VFR
only'' limitation. (1) Notwithstanding the requirement to hold or
concurrently obtain an appropriate instrument rating in Sec.
61.63(d)(1) of this chapter, a person holding a private pilot
certificate may apply for a powered-lift type rating for a powered-lift
that is not a large aircraft or turbojet-powered without holding or
concurrently obtaining a powered-lift instrument rating, but the type
rating will be limited to ``VFR only.''
(2) Notwithstanding the requirement in Sec. 61.63(d)(4) of this
chapter, a person who applies for a powered-lift type rating pursuant
to paragraph (c)(1) of this section is not required to perform the type
rating practical test in actual or simulated instrument conditions.
(3) A person who obtains a powered-lift type rating with a ``VFR
only'' limitation pursuant to paragraph (c)(1) of this section may
remove the ``VFR only'' limitation for that powered-lift type as
specified in paragraph (b)(4) of this section.
(d) Concurrent practical tests for removal of ``VFR only''
limitation. If a task required for the practical test specified in
paragraph (b)(4)(i) of this section overlaps with a task required for
the practical test specified in paragraph (b)(4)(ii) of this section, a
person may perform the task a single time provided the task is
performed to the highest standard required for the task.
Sec. 194.213 Alternate endorsement requirements for certain persons
seeking a powered-lift rating.
(a) Notwithstanding the requirements in part 61 of this chapter for
an authorized instructor to provide endorsements for certificates and
ratings, including endorsements for solo flight, the following persons
may provide the required logbook or training record endorsements under
part 61 and this part for a commercial pilot certificate with a
powered-lift category rating, an instrument-powered-lift rating, a
powered-lift type rating, or a flight instructor certificate with
powered-lift ratings--
(1) An instructor pilot, provided the applicant is either--
(i) A test pilot for the manufacturer of an experimental powered-
lift; or
(ii) A person authorized by the Administrator to serve as an
initial check pilot, chief instructor, assistant chief instructor, or
training center evaluator for the purpose of initiating training in a
powered-lift under an approved training program under part 135, 141, or
142 of this chapter, as appropriate; or
(2) A management official within the manufacturer's organization,
provided the applicant is an instructor pilot for the manufacturer of
an experimental powered-lift.
(b) The endorsements for training time under this section must
include a description of the training given, length of training lesson,
and the endorsement provider's signature and identifying information,
including certificate number and expiration date, if applicable.
Sec. 194.215 Applicability of alternate aeronautical experience and
logging requirements for commercial pilot certification and a powered-
lift instrument rating.
(a) The alternate requirements set forth in Sec. Sec. 194.217
through 194.231 apply only to persons who hold at least a commercial
pilot certificate with the following ratings:
(1) An airplane category rating with a single-engine or multi-
engine class rating and an instrument-airplane rating; or
(2) A rotorcraft category rating with a helicopter class rating and
an instrument-helicopter rating.
(b) If no alternate aeronautical experience or logging requirement
is provided under this part, the person must meet the applicable
requirements under part 61 of this chapter, as appropriate.
Sec. 194.217 Test pilots: Alternate aeronautical experience and
logging requirements for a commercial pilot certificate with a powered-
lift category rating.
(a) General applicability. An applicant for a commercial pilot
certificate with a powered-lift category rating who is a test pilot for
the manufacturer of an experimental powered-lift may satisfy the
alternate aeronautical experience and logging requirements set forth in
paragraphs (b) and (c) of this section, provided--
(1) The flights are conducted in an experimental powered-lift at
the manufacturer; and
(2) The applicant is authorized by the Administrator to act as
pilot in command of the experimental powered-lift.
(b) Alternate aeronautical experience requirements. Notwithstanding
the eligibility requirement specified in Sec. 61.123(f) of this
chapter, a test pilot may meet the requirements in paragraphs (b)(1)
through (4) of this section in lieu of the aeronautical experience
requirements of Sec. 61.129(e)(3) and (4) of this chapter.
(1) A test pilot may receive 20 hours of flight training on the
areas of operation listed in Sec. 61.127(b)(5) of this chapter from an
instructor pilot for the manufacturer of an experimental powered-lift
in lieu of an authorized instructor, provided--
(i) The training is conducted in accordance with the manufacturer's
proposed training curriculum in the experimental powered-lift; and
(ii) The test pilot receives a logbook or training record
endorsement from the instructor pilot certifying that the test pilot
satisfactorily completed the
[[Page 39089]]
training curriculum specified in paragraph (b)(1)(i) of this section.
(2) A test pilot may accomplish the practical test preparation
requirements in Sec. 61.129(e)(3)(iv) of this chapter with a pilot who
serves as an instructor pilot for the manufacturer of the experimental
powered-lift.
(3) A test pilot may satisfy the aeronautical experience
requirement in Sec. 61.129(e)(4) of this chapter by logging at least
10 hours of solo flight time under an endorsement from an instructor
pilot or performing the duties of pilot-in-command in an experimental
powered-lift with one of the following individuals onboard (which may
be credited towards the flight time requirement in Sec. 61.129(e)(2)
of this chapter)--
(i) Another test pilot for the manufacturer of the powered-lift who
is authorized by the Administrator to act as pilot-in-command of the
experimental powered-lift; or
(ii) An instructor pilot for the manufacturer of the powered-lift
who is authorized by the Administrator to act as pilot-in-command of
the experimental powered-lift.
(4) A test pilot may satisfy the alternate requirements in Sec.
194.233 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.129(e)(3)(ii) and (iii) and
(e)(4)(i) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(1) of this chapter, an applicant for a
commercial pilot certificate with a powered-lift category rating may
log pilot-in-command flight time for the purpose of satisfying the
aeronautical experience requirements in Sec. 61.129(e)(2)(i) and (ii)
of this chapter for flights when the pilot is the sole manipulator of
the controls of an experimental powered-lift for which the pilot is not
rated, provided--
(1) The test pilot is acting as pilot-in-command of the
experimental powered-lift in accordance with a letter of authorization
issued by the Administrator; and
(2) The flight is conducted for the purpose of research and
development or showing compliance with the regulations in this chapter
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec. 21.191 of this chapter.
Sec. 194.219 Instructor pilots: Alternate aeronautical experience and
logging requirements for a commercial pilot certificate with a powered-
lift category rating.
(a) General applicability. An applicant for a commercial pilot
certificate with a powered-lift category rating who is an instructor
pilot for the manufacturer of an experimental powered-lift may satisfy
the alternate aeronautical experience and logging requirements set
forth in paragraphs (b) and (c) of this section, provided--
(1) The flights are conducted in an experimental powered-lift at
the manufacturer; and
(2) The applicant is authorized by the Administrator to act as
pilot-in-command of the experimental powered-lift.
(b) Alternate aeronautical experience requirements. Notwithstanding
the eligibility requirement specified in Sec. 61.123(f) of this
chapter, an instructor pilot may meet the requirements in paragraphs
(b)(1) through (4) of this section in lieu of the aeronautical
experience requirements of Sec. 61.129(e)(3) and (4) of this chapter.
(1) An instructor pilot may meet the requirements of paragraphs
(b)(1)(i) and (ii) of this section in lieu of the 20 hours of training
with an authorized instructor required by Sec. 61.129(e)(3) of this
chapter.
(i) The instructor pilot provided the manufacturer's proposed
training curriculum to a test pilot in the experimental powered-lift,
which includes 20 hours of training on the areas of operation listed in
Sec. 61.127(b)(5) of this chapter; and
(ii) The instructor pilot receives a logbook or training record
endorsement from a management official within the manufacturer's
organization certifying that the instructor pilot provided the training
specified in paragraph (b)(1)(i) of this section.
(2) An instructor pilot may accomplish the practical test
preparation requirements in Sec. 61.129(e)(3)(iv) of this chapter with
a pilot who serves as an instructor pilot for the manufacturer of the
experimental powered-lift.
(3) An instructor pilot may satisfy the aeronautical experience
requirement in Sec. 61.129(e)(4) of this chapter by logging at least
10 hours of solo flight time under an endorsement from another
instructor pilot or performing the duties of pilot-in-command in an
experimental powered-lift with one of the following individuals onboard
(which may be credited towards the flight time requirement in Sec.
61.129(e)(2) of this chapter)--
(i) A test pilot for the manufacturer of the powered-lift who is
authorized by the Administrator to act as pilot-in-command of the
experimental powered-lift; or
(ii) Another instructor pilot for the manufacturer of the powered-
lift who is authorized by the Administrator to act as pilot-in-command
of the experimental powered-lift.
(4) An instructor pilot may satisfy the alternate requirements in
Sec. 194.233 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.129(e)(3)(ii) and (iii) and
(e)(4)(i) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(3) of this chapter, an applicant for a
commercial pilot certificate with a powered-lift category rating may
log pilot-in-command flight time for the purpose of satisfying the
aeronautical experience requirements in Sec. 61.129(e)(2)(i) and (ii)
of this chapter for flights when the pilot is serving as an instructor
pilot for the manufacturer of an experimental powered-lift for which
the pilot is not rated, provided--
(1) The pilot is acting as pilot-in-command of the experimental
powered-lift in accordance with a letter of authorization issued by the
Administrator; and
(2) The flight is conducted for the purpose of crew training in
accordance with the experimental certificate issued to the powered-lift
pursuant to Sec. 21.191 of this chapter.
Sec. 194.221 Initial cadre of instructors: Alternate aeronautical
experience and logging requirements for a commercial pilot certificate
with a powered-lift category rating.
(a) General applicability. An applicant for a commercial pilot
certificate with a powered-lift category rating may satisfy the
alternate aeronautical experience and logging requirements set forth in
paragraphs (b) and (c) of this section, provided--
(1) The applicant is authorized by the Administrator to serve as an
initial check pilot, chief instructor, assistant chief instructor, or
training center evaluator for the purpose of initiating training in a
powered-lift under an approved training program under part 135, 141, or
142 of this chapter, as appropriate; and
(2) The flights are conducted in type-certificated powered-lift at
the manufacturer.
(b) Alternate aeronautical experience requirements. Notwithstanding
the eligibility requirement specified in Sec. 61.123(f) of this
chapter, an applicant may meet the requirements in paragraphs (b)(1)
through (4) of this section in lieu of the aeronautical experience
requirements of Sec. 61.129(e)(3) and (4) of this chapter.
(1) An applicant may receive 20 hours of flight training on the
areas of
[[Page 39090]]
operation listed in Sec. 61.127(b)(5) of this chapter from an
instructor pilot for the manufacturer of the powered-lift in lieu of an
authorized instructor, provided--
(i) The training is conducted in accordance with the manufacturer's
training curriculum in the powered-lift; and
(ii) The applicant receives a logbook or training record
endorsement from the instructor pilot certifying that the test pilot
satisfactorily completed the training curriculum specified in paragraph
(b)(1)(i) of this section.
(2) An applicant may accomplish the practical test preparation
requirements in Sec. 61.129(e)(3)(iv) of this chapter with a pilot who
serves as an instructor pilot for the manufacturer of the powered-lift.
(3) An applicant may satisfy the aeronautical experience
requirement in Sec. 61.129(e)(4) of this chapter by logging at least
10 hours of solo flight time in a powered-lift under an endorsement
from an instructor pilot or performing the duties of pilot-in-command
in a powered-lift with a person onboard who serves as an instructor
pilot for the manufacturer of the powered-lift (which may be credited
towards the flight time requirement in Sec. 61.129(e)(2) of this
chapter).
(4) An applicant may satisfy the alternate requirements in Sec.
194.233 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.129(e)(3)(ii) and (iii) and
(e)(4)(i) of this chapter.
(c) Alternate logging requirements. Notwithstanding the logging
requirements in Sec. 61.51(e)(1) of this chapter, an applicant for a
commercial pilot certificate with a powered-lift category rating may
log up to 40 hours of pilot-in-command flight time for the purpose of
satisfying the aeronautical experience requirements in Sec.
61.129(e)(2)(i) and (ii) of this chapter for flights when the pilot is
the sole manipulator of the controls of a powered-lift for which the
pilot is not rated, provided--
(1) The applicant is manipulating the controls of the powered-lift
with a person onboard who serves as an instructor pilot for the
manufacturer;
(2) The applicant is performing the duties of pilot-in-command; and
(3) The flight is conducted in accordance with the manufacturer's
training curriculum for the powered-lift.
Sec. 194.223 Pilots receiving training under an approved training
program: Alternate requirements for a commercial pilot certificate with
a powered-lift category rating.
(a) General applicability. An applicant for a commercial pilot
certificate with a powered-lift category rating may satisfy the
alternate requirements set forth in paragraphs (b) through (d) of this
section, provided the applicant is receiving training under an approved
training program under part 135, 141, or 142 of this chapter for the
purpose of obtaining a powered-lift category.
(b) Alternate aeronautical experience requirements. An applicant
may satisfy the alternate requirements in Sec. 194.233 in lieu of the
cross-country aeronautical experience requirements specified in Sec.
61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(1) of this chapter, an applicant for a
commercial pilot certificate with a powered-lift category rating may
log up to 40 hours of pilot-in-command time towards the aeronautical
experience requirement in Sec. 61.129(e)(2)(i) of this chapter for
flights when the applicant is the sole manipulator of the controls of a
powered-lift for which the pilot is not rated, provided--
(1) The applicant is manipulating the controls of the powered-lift
with an authorized instructor onboard;
(2) The applicant is performing the duties of pilot-in-command; and
(3) The flight is conducted in accordance with an approved training
program under part 135, 141, or 142 of this chapter.
(d) Use of full flight simulators. In addition to the permitted
credit for use of a full flight simulator in Sec. 61.129(i) of this
chapter, an applicant for a commercial pilot certificate with a
powered-lift category rating may credit a maximum of 15 hours toward
the 50-hour pilot-in-command flight time requirement in Sec.
61.129(e)(2)(i) of this chapter, provided--
(1) The aeronautical experience was obtained performing the duties
of pilot-in-command in a Level C or higher full flight simulator that
represents the powered-lift category; and
(2) The full flight simulator sessions are conducted in accordance
with an approved training program under part 135, 141, or 142 of this
chapter.
Sec. 194.225 Test pilots: Alternate aeronautical experience and
logging requirements for an instrument-powered-lift rating.
(a) General applicability. An applicant for an instrument-powered-
lift rating who is test pilot for the manufacturer of an experimental
powered-lift may satisfy the alternate aeronautical experience and
logging requirements set forth in paragraphs (b) and (c) of this
section, provided--
(1) The flights are conducted in an experimental powered-lift at
the manufacturer; and
(2) The applicant is authorized by the Administrator to act as
pilot-in-command of the experimental powered-lift.
(b) Alternate aeronautical experience requirements. A test pilot
may meet the aeronautical experience requirements of paragraphs (b)(1)
through (4) of this section in lieu of the aeronautical experience
requirements of Sec. 61.65(f)(2) of this chapter.
(1) Notwithstanding the eligibility requirement in Sec.
61.65(a)(5) of this chapter, a test pilot may receive 15 hours of
instrument training on the areas of operation listed in Sec. 61.65(c)
of this chapter from an instructor pilot for the manufacturer of an
experimental powered-lift in lieu of an authorized instructor,
provided--
(i) The training is conducted in accordance with the manufacturer's
proposed training curriculum in the experimental powered-lift; and
(ii) The test pilot receives a logbook or training record
endorsement from the instructor pilot certifying that the applicant
satisfactorily completed the training curriculum specified in paragraph
(b)(1)(i) of this section.
(2) A test pilot may accomplish the practical test preparation
requirements in Sec. 61.65(f)(2)(i) of this chapter with an instructor
pilot for the manufacturer of the experimental powered-lift.
(3) A test pilot may accomplish the cross-country flight specified
in Sec. 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift
rating without an authorized instructor, provided the test pilot--
(i) Completes the cross-country flight specified in Sec.
61.65(f)(2)(ii) of this chapter with a pilot who serves as an
instructor pilot for the manufacturer of the experimental powered-lift;
and
(ii) Obtains a logbook or training record endorsement from the
instructor pilot certifying that the person completed the cross-country
flight.
(4) A test pilot may satisfy the alternate requirements in Sec.
194.235 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.65(f)(2)(ii) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(1) of this chapter, a test pilot may log
pilot-in-command flight time for the purpose of satisfying the 10-hour
cross-country requirement in Sec. 61.65(f)(1) of this chapter for
flights when the pilot is the sole manipulator of the controls of an
experimental powered-lift for which the pilot is not rated, provided--
[[Page 39091]]
(1) The test pilot is acting as pilot-in-command of the
experimental powered-lift in accordance with a letter of authorization
issued by the Administrator; and
(2) The flight is conducted for the purpose of research and
development or showing compliance with the regulations in this chapter
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec. 21.191 of this chapter.
Sec. 194.227 Instructor pilots: Alternate aeronautical experience and
logging requirements for an instrument-powered-lift rating.
(a) General applicability. An applicant for an instrument-powered-
lift rating who is an instructor pilot for the manufacturer of an
experimental powered-lift may satisfy the alternate aeronautical
experience and logging requirements set forth in paragraphs (b) and (c)
of this section, provided--
(1) The flights are conducted in an experimental powered-lift at
the manufacturer; and
(2) The applicant is authorized by the Administrator to act as
pilot-in-command of the experimental powered-lift.
(b) Alternate aeronautical experience requirements. An instructor
pilot may meet the aeronautical experience requirements of paragraphs
(b)(1) through (4) of this section in lieu of the aeronautical
experience requirements of Sec. 61.65(f)(2) of this chapter.
(1) Notwithstanding the eligibility requirement in Sec.
61.65(a)(5) of this chapter, an instructor pilot may meet the
requirements of paragraphs (b)(1)(i) and (ii) of this section in lieu
of the 15 hours of training with an authorized instructor required by
Sec. 61.65(f)(2) of this chapter.
(i) The instructor pilot provided the manufacturer's proposed
training curriculum in the experimental powered-lift, which includes 15
hours of training on the areas of operation listed in Sec. 61.65(c) of
this chapter; and
(ii) The instructor pilot receives a logbook or training record
endorsement from a management official within the manufacturer's
organization certifying that the instructor pilot provided the training
specified in paragraph (b)(1)(i) of this section.
(2) An instructor pilot may accomplish the practical test
preparation requirements in Sec. 61.65(f)(2)(i) of this chapter with
another pilot who serves as an instructor pilot for the manufacturer of
the experimental powered-lift.
(3) An instructor pilot may accomplish the cross-country flight
specified in Sec. 61.65(f)(2)(ii) of this chapter for an instrument-
powered-lift rating without an authorized instructor, provided the
instructor pilot--
(i) Completes the cross-country flight specified in Sec.
61.65(f)(2)(ii) of this chapter with another pilot who serves as an
instructor pilot for the manufacturer of the experimental powered-lift;
and
(ii) Obtains a logbook or training record endorsement from the
instructor pilot certifying that the person completed the cross-country
flight.
(4) An instructor pilot may satisfy the alternate requirements in
Sec. 194.235 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.65(f)(2)(ii) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(3) of this chapter, an instructor pilot
may log pilot-in-command flight time for the purpose of satisfying the
10-hour cross-country requirement in Sec. 61.65(f)(1) of this chapter
for flights when the pilot is serving as an instructor pilot for the
manufacturer of an experimental powered-lift for which the pilot is not
rated, provided the pilot--
(1) Is acting as pilot-in-command of the experimental powered-lift
in accordance with a letter of authorization issued by the
Administrator; and
(2) The flight is conducted for the purpose of crew training in
accordance with the experimental certificate issued to the powered-lift
pursuant to Sec. 21.191 of this chapter.
Sec. 194.229 Initial cadre of instructors: Alternate aeronautical
experience and logging requirements for an instrument-powered-lift
rating.
(a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate aeronautical experience and
logging requirements set forth in paragraphs (b) and (c) of this
section, provided--
(1) The applicant is authorized by the Administrator to serve as an
initial check pilot, chief instructor, assistant chief instructor, or
training center evaluator for the purpose of initiating training in a
powered-lift under an approved training program under part 135, 141, or
142 of this chapter, as appropriate; and
(2) The flights are conducted in type-certificated powered-lift at
the manufacturer.
(b) Alternate aeronautical experience requirements. Notwithstanding
the instrument rating requirements of Sec. 61.65 of this chapter, an
applicant may meet the requirements in paragraphs (b)(1) through (4) of
this section in lieu of the aeronautical experience requirements of
Sec. 61.65(f)(2) of this chapter.
(1) Notwithstanding the eligibility requirement in Sec.
61.65(a)(5) of this chapter, an applicant may receive 15 hours of
instrument training on the areas of operation listed in Sec. 61.65(c)
of this chapter from an instructor pilot for the manufacturer of a
powered-lift in lieu of an authorized instructor, provided--
(i) The training is conducted in accordance with the manufacturer's
training curriculum in the powered-lift; and
(ii) The applicant receives a logbook or training record
endorsement from the instructor pilot certifying that the applicant
satisfactorily completed the training curriculum specified in paragraph
(b)(1)(i) of this section.
(2) An applicant may accomplish the practical test preparation
requirements in Sec. 61.65(f)(2)(i) of this chapter with a pilot who
serves as an instructor pilot for the manufacturer of the powered-lift.
(3) An applicant may accomplish the cross-country flight specified
in Sec. 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift
rating without an authorized instructor, provided the applicant--
(i) Completes the cross-country flight specified in Sec.
61.65(f)(2)(ii) of this chapter with a pilot who serves as an
instructor pilot for the manufacturer of the powered-lift; and
(ii) Obtains a logbook or training record endorsement from the
instructor pilot certifying that the person completed the cross-country
flight.
(4) An applicant may satisfy the alternate requirements in Sec.
194.235 in lieu of the cross-country aeronautical experience
requirements specified in Sec. 61.65(f)(2)(ii) of this chapter.
(c) Alternate logging requirement. Notwithstanding the logging
requirements in Sec. 61.51(e)(1) of this chapter, an applicant for an
instrument-powered-lift rating may log pilot-in-command flight time for
the purpose of satisfying the 10-hour cross-country requirement in
Sec. 61.65(f)(1) of this chapter for flights when the applicant is the
sole manipulator of the controls of a powered-lift for which the pilot
is not rated, provided--
(1) The applicant is manipulating the controls of the powered-lift
with a person onboard who serves as an instructor pilot for the
manufacturer;
(2) The applicant is performing the duties of pilot-in-command; and
(3) The flight is conducted in accordance with the manufacturer's
training curriculum for the powered-lift.
[[Page 39092]]
Sec. 194.231 Pilots receiving training under an approved training
program: Alternate requirements for an instrument-powered-lift rating.
(a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate requirements set forth in
paragraphs (b) and (c) of this section, provided the applicant is
receiving training under an approved training program under part 135,
141, or 142 of this chapter for the purpose of obtaining an instrument-
powered-lift rating.
(b) Alternate aeronautical experience requirements. An applicant
may satisfy the alternate requirements in Sec. 194.235 in lieu of the
cross-country aeronautical experience requirements specified in Sec.
61.65(f)(2)(ii) of this chapter.
(c) Use of full flight simulators. In addition to the permitted
credit for use of a full flight simulator in Sec. 61.65(h) of this
chapter, an applicant for an instrument-powered-lift rating may credit
a maximum of 4 hours toward the aeronautical experience requirement in
Sec. 61.65(f)(1) of this chapter that requires 10 hours of cross-
country time in a powered-lift, provided--
(1) The aeronautical experience was obtained performing the duties
of pilot-in-command during a simulated cross-country flight in a Level
C or higher full flight simulator that represents the powered-lift
category;
(2) The cross-country flight includes the performance of instrument
procedures under simulated instrument conditions; and
(3) The sessions are conducted in accordance with an approved
training program under part 135, 141, or 142 of this chapter.
Sec. 194.233 Alternate means to satisfy the cross-country
aeronautical experience requirements for a commercial pilot certificate
with a powered-lift category rating.
Notwithstanding the eligibility requirement in Sec. 61.123(f) of
this chapter, an applicant who does not meet the cross-country
aeronautical experience requirements specified in Sec. 61.129(e) of
this chapter will be considered eligible for a commercial pilot
certificate with a powered-lift category rating as specified in
paragraphs (a) and (b) of this section.
(a) An applicant who does not meet the cross-country aeronautical
experience requirements specified in Sec. 61.129(e)(3)(ii) and (iii)
of this chapter will be considered eligible for a commercial pilot
certificate with a powered-lift category rating, provided the applicant
has logged at least three cross-country flights consisting of--
(1) One 2-hour cross-country flight in a powered-lift in daytime
conditions that consists of a total straight-line distance of more than
50 nautical miles from the original point of departure;
(2) One 2-hour cross-country flight in a powered-lift in nighttime
conditions that consists of a total straight-line distance of more than
50 nautical miles from the original point of departure; and
(3) An additional cross-country flight with landings at a minimum
of three points, with one segment consisting of a straight-line
distance of at least 50 nautical miles from the original point of
departure. Except for the original point of departure, this additional
cross-country flight must include landings at different points than the
cross-country flights specified in paragraphs (a)(1) and (2) of this
section.
(b) An applicant who does not have the cross-country aeronautical
experience specified in Sec. 61.129(e)(4)(i) of this chapter will be
considered eligible for a commercial pilot certificate with a powered-
lift category, provided the applicant has logged at least two cross-
country flights with landings at a minimum of three points, with one
segment consisting of a straight-line distance of at least 50 nautical
miles from the original point of departure. Except for the original
point of departure, the second cross-country flight must include
landings at different points than the first cross-country flight.
Sec. 194.235 Alternate means to satisfy the cross-country
aeronautical experience requirements for an instrument-powered-lift
rating.
(a) An applicant who does not meet the cross-country aeronautical
experience requirements specified in Sec. 61.65(f)(2)(ii) of this
chapter will be considered eligible for an instrument-powered-lift
rating, provided the applicant has logged instrument time that includes
instrument flight training on cross-country flight procedures,
including two cross-country flights in a powered-lift, provided each
cross-country flight--
(1) Is conducted with either an authorized instructor or an
instructor pilot; and
(2) Involves--
(i) A flight of 100 nautical miles along airways or by directed
routing from an air traffic control facility;
(ii) An instrument approach at each airport; and
(iii) Three different kinds of approaches with the use of
navigation systems.
(b) Notwithstanding the requirements in Sec. 61.65(f)(2)(ii) of
this chapter for the cross-country flight in a powered-lift, an
applicant for an instrument-powered-lift rating is not required to file
a flight plan and perform the cross-country flight under instrument
flight rules, provided--
(1) The powered-lift is not certificated for instrument flight; and
(2) The applicant holds one of the following--
(i) An instrument-airplane rating;
(ii) An instrument-helicopter rating; or
(iii) An airline transport pilot certificate.
Sec. 194.237 Alternate means to satisfy the cross-country
aeronautical experience requirements for a private pilot certificate
with a powered-lift category rating.
Notwithstanding the eligibility requirement in Sec. 61.103(g) of
this chapter, an applicant who does not meet the cross-country
aeronautical experience requirements specified in Sec. 61.109(e) of
this chapter will be considered eligible for a private pilot
certificate with a powered-lift category rating as specified in
paragraphs (a) and (b) of this section.
(a) Cross-country aeronautical experience at night. An applicant
who does not meet the cross-country aeronautical experience specified
in Sec. 61.109(e)(2)(i) of this chapter will be considered eligible
for a private pilot certificate with a powered-lift category rating,
provided the applicant has received 3 hours of night flight training
that includes two cross-country flights that are each over 50 nautical
miles total distance.
(b) Solo cross-country aeronautical experience. An applicant who
does not meet the solo cross-country aeronautical experience specified
in Sec. 61.109(e)(5)(ii) of this chapter will be considered eligible
for a private pilot certificate with a powered-lift category rating,
provided the applicant has completed--
(1) One solo cross-country flight of 100 nautical miles total
distance, with landings at three points, and one segment of the flight
being a straight-line distance of more than 25 nautical miles between
the takeoff and landing locations; and
(2) An additional solo cross-country flight in a powered-lift with
landings at a minimum of three points, with one segment consisting of a
straight-line distance of at least 50 nautical miles from the original
point of departure. Except for the original point of departure, the
additional cross-country flight must include landings at different
points than the first cross-country flight.
[[Page 39093]]
Sec. 194.239 Alternate means to satisfy minimum curriculum content in
certain appendices to part 141 of this chapter.
(a) Flight training minimum curriculum content. Notwithstanding the
minimum curriculum requirements in Sec. 141.55(a) of this chapter, a
training course for which approval is requested is not required to
consist of training on a task specified in an area of operation listed
in the applicable appendix to part 141, provided--
(1) The training course for which approval is requested is for a
powered-lift course;
(2) The powered-lift to be used in the course is not capable of
performing the task specified in an area of operation listed in the
applicable appendix to part 141; and
(3) The FAA has issued waiver authority for that task in accordance
with Sec. 194.207(b).
(b) Cross-country minimum curriculum content. Notwithstanding the
minimum curriculum requirements in Sec. 141.55(a) of this chapter, a
training course for which approval is requested is not required to meet
the minimum curriculum content specified in appendices B, C, and D to
part 141, provided--
(1) The training course for which approval is requested is for a
powered-lift course.
(2) The minimum curriculum content that is not met may consist of
the training specified in--
(i) Appendix B, paragraph 4.(b)(5)(ii)(A);
(ii) Appendix B, paragraph 5.(e)(1);
(iii) Appendix C, paragraph 4.(c)(3)(ii);
(iv) Appendix D, paragraph 4.(b)(5)(ii) and (iii);
(v) Appendix D, paragraph 5.(e)(2); or
(vi) Appendix M, paragraphs 4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A), and
5.(d)(1).
(3) For each provision of training specified in paragraph (b)(2) of
this section that is not met, the training course must include an
additional cross-country flight consistent with the requirements of
Sec. Sec. 194.233, 194.235, and 194.237.
Sec. 194.241 Alternate qualification requirements for chief
instructors, assistant chief instructors, and check instructors.
(a) Notwithstanding the qualification requirements in Sec. Sec.
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) of this chapter, for a
course of training under part 141 of this chapter that uses a powered-
lift, a person seeking designation as a chief instructor, an assistant
chief instructor, or a check instructor for checks and tests that
relate to flight training must meet the following requirements--
(1) Hold a commercial pilot certificate or an airline transport
pilot certificate with the following ratings--
(i) A powered-lift category rating;
(ii) A type rating for the powered-lift used in the course; and
(iii) An instrument-powered-lift rating, if an instrument rating is
required for the course.
(2) Hold a current flight instructor certificate with the following
ratings--
(i) A powered-lift category rating; and
(ii) An instrument-powered-lift rating, if an instrument rating is
required for the course.
(b) Notwithstanding the qualification requirements in Sec.
141.37(a)(3)(ii) of this chapter, for a course of training under part
141 of this chapter that uses a powered-lift, a person seeking
designation as a check instructor for checks and tests that relate to
ground training must hold a current flight instructor certificate or
ground instructor certificate with a powered-lift category rating.
Sec. 194.243 Pilot certification through completion of training,
testing, and checking part 135 of this chapter.
(a) Part 135 airman certification training program. (1) Subject to
the requirements in subpart H of part 135, a certificate holder under
part 119 of this chapter authorized to conduct part 135 operations may
obtain approval under Sec. 135.325 of this chapter to establish and
implement a training curriculum to satisfy the following:
(i) Ground training, flight training, and aeronautical experience
requirements in Sec. Sec. 61.65 of this chapter and 194.231 for the
addition of an instrument-powered-lift rating to a commercial pilot
certificate;
(ii) Ground training, flight training, and aeronautical experience
requirements in Sec. 61.63(b) of this chapter for the addition of an
aircraft category rating to a commercial pilot certificate; and
(iii) Ground and flight training requirements in Sec. 61.63(d) of
this chapter to add a type rating to a commercial pilot certificate.
(2) No certificate holder may use a person, nor may any person
serve, as an instructor in a training curriculum approved to meet the
requirements of paragraph (a)(1) of this section unless, in addition to
being qualified under Sec. Sec. 135.338 and 135.340 of this chapter,
the person holds a flight instructor certificate with a powered-lift
category rating and instrument-powered-lift rating issued under part 61
of this chapter.
(3) A certificate holder may train a pilot in a training curriculum
approved to meet the requirements of paragraph (a)(1) of this section
only if the pilot is employed by the certificate holder under part 119
of this chapter and holds at least the certificates and ratings set
forth by Sec. 194.215(a).
(4) In addition to Sec. 135.327 of this chapter, any curriculum
approved under paragraphs (a)(1)(i) through (iii) of this section must
include the applicable aeronautical knowledge areas, areas of
operation, and flight training required by part 61 of this chapter. If
an alternative requirement is provided in this part, that alternative
may be used.
(b) Part 135 airman certification and checking. (1) A pilot who is
employed by a certificate holder under part 119 of this chapter
authorized to conduct operations under part 135 who completes the
approved curricula in paragraphs (a)(1)(i) through (iii) of this
section may apply to add a powered-lift category rating concurrently
with a powered-lift instrument rating and an initial powered-lift type
rating to a commercial pilot certificate if the person meets the
following requirements:
(i) Meets the requirements of Sec. Sec. 61.63(b) and 61.65(f) of
this chapter, or if an alternative requirement is provided in this
part, that alternative may be used;
(ii) Has a training record endorsement from the certificate holder
certifying that the pilot satisfactorily completed the applicable
ground and flight training curricula in the approved part 135 airman
certification training program; and
(iii) Successfully completes the written or oral testing under
Sec. 135.293(a)(2) and (3) of this chapter, a competency check under
Sec. 135.293(b) of this chapter, and an instrument proficiency check
under Sec. 135.297 of this chapter provided the following conditions
are met:
(A) The competency check includes the maneuvers and procedures
required for the issuance of a commercial pilot certificate with a
powered-lift category rating, for the issuance of an instrument-
powered-lift rating and for the issuance of a powered-lift type rating.
(B) The instrument proficiency check meets the requirements of
Sec. 135.297 of this chapter as applicable to a pilot in command (PIC)
holding a commercial pilot certificate except that the instrument
approaches to be included in the check must include all instrument
approaches required for the issuance of an instrument-powered-lift
rating and not only those for which the pilot is to
[[Page 39094]]
be authorized to perform in part 135 operations.
(2) Sections 135.293(d) and 135.301(b) of this chapter are not
applicable to the competency check and instrument proficiency check
required by paragraph (b)(1)(iii) of this section.
(3) A pilot who meets paragraph (b)(1) of this section will be
issued a commercial pilot certificate with a powered-lift category
rating, an instrument-powered-lift rating, and a powered-lift type
rating.
(c) Part 135 certification testing and checking personnel. The
testing, competency checks, and instrument proficiency checks required
by paragraph (b) of this section must be administered by one of the
following:
(1) An FAA Aviation Safety Inspector.
(2) An Aircrew Program Designee who is authorized to perform
competency checks and instrument proficiency checks for the certificate
holder whose approved ground and flight training curricula has been
satisfactorily completed by the pilot applicant.
(3) A Training Center Evaluator with appropriate certification
authority who is also authorized to perform competency checks and
instrument proficiency checks for the certificate holder whose approved
ground and flight training curricula has been satisfactorily completed
by the pilot applicant.
Sec. 194.245 Pilot qualification and program management requirements
to operate powered-lift under subpart K of part 91 of this chapter.
(a) Section 91.1055(a) of this chapter applies to powered-lift
operating under subpart K of part 91.
(b) Reference to class of aircraft in Sec. 91.1055(b)(2) of this
chapter is inapplicable when a powered-lift is used for the operation
under subpart K of part 91.
Sec. 194.247 Pilot qualification requirements to operate powered-lift
under part 135 of this chapter.
(a) Unless otherwise directed in this chapter, powered-lift must
continue to comply with rules applicable to aircraft specified in part
135.
(b) To comply with Sec. 135.3 of this chapter, each certificate
holder that conducts commuter operations under part 135 with powered-
lift in which two pilots are required by the aircraft flight manual
must:
(1) Comply with subpart Y of part 121 of this chapter instead of
the requirements of subparts G and H of part 135; and
(2) Include in initial ground training for pilots in command and
upgrade ground training, instruction and facilitated discussion on the
following:
(i) Leadership and command; and
(ii) Mentoring, including techniques for instilling and reinforcing
the highest standards of technical performance, airmanship, and
professionalism in newly hired pilots.
(3) Include the training required by paragraph (b)(2)(ii) of this
section in recurrent ground training for pilots in command every 36
calendar months.
(4) Include in initial flight training for pilots in command and
upgrade flight training, sufficient scenario-based training
incorporating crew resource management and leadership and command
skills, to ensure the pilot's proficiency as pilot in command.
(c) In lieu of compliance with the operating experience
requirements listed in Sec. 135.244(a)(1) through (4) of this chapter,
no certificate holder may use a person, nor may any person serve, as
pilot in command of a powered-lift unless that person possesses 20
hours of operating experience in each make and basic model of powered-
lift to be flown.
(d) To comply with Sec. 135.345 of this chapter, initial,
transition, and upgrade ground training for powered-lift pilots must
include instruction in Sec. 135.345(b)(6)(iv) of this chapter, as
applicable.
Sec. 194.249 References to class in parts 135, 141, and 142 of this
chapter.
(a) References to class of aircraft in Sec. Sec. 135.4(b)(2),
135.247(a)(1) and (2), and 135.603 of this chapter are inapplicable
when a powered-lift is used for the operation under part 135.
(b) Notwithstanding the course content contained in the appendices
to part 141, references to a class rating or a class of aircraft in
those appendices is inapplicable when a powered-lift is used for the
course of training.
(c) References to class of aircraft in Sec. Sec. 142.11(d)(2)(ii),
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) of this chapter are
inapplicable when a powered-lift or flight simulation device
representing a powered-lift is used for the operation under part 142.
Sec. 194.251 Alternate means to satisfy minimum curriculum content in
training courses under part 142 of this chapter.
A training course for which approval is requested is not required
to consist of training on a task specified in an area of operation if
the powered-lift is not capable of performing the task, provided the
FAA has issued waiver authority for that task in accordance with Sec.
194.207(b).
Subpart C--Requirements for Persons Operating Powered-lift
Sec. 194.301 Applicability.
Unless otherwise specified by this part, persons operating powered-
lift must continue to comply with rules applicable to all aircraft in
parts 91, 135, and 136 of this chapter, as applicable to the operation.
Sec. 194.302 Airplane provisions under part 91 of this chapter
applicable to powered-lift.
No person may operate a powered-lift under part 91 unless that
person complies with the regulations listed in the first column of
table 1 to this section, notwithstanding their applicability to
airplanes, subject to the applicability provisions in the second
column, and any additional requirements specified in the third column:
Table 1 to Sec. 194.302
------------------------------------------------------------------------
Additional
Regulation Applicability requirements
------------------------------------------------------------------------
(a) Section 91.9(a) and (b). Applies to all The requirement for
powered-lift. an approved
Aircraft Flight
Manual is set forth
in the
airworthiness
criteria
established under
Sec. 21.17(b) of
this chapter.
(b) Section 91.103(b)(1).... Applies to powered-
lift for which an
approved Aircraft
Flight Manual
containing takeoff
and landing
distance data is
required.
(c) Section 91.107(a)(3)(i) Applies to all The exception under
through (iii). powered-lift. Sec. 91.107(a)(3)
for seaplane and
float equipped
rotorcraft
operations during
movement on the
surface applies to
persons pushing off
a powered-lift from
the dock or persons
mooring the powered-
lift at the dock.
[[Page 39095]]
(d) Section 91.113(d)(2) and Applies to all
(3). powered-lift.
(e) Section 91.126(b)(1).... Applies to powered- If the powered-lift
lift operating in is operating in
wing-borne flight vertical-lift
mode. flight mode, see
Sec. 194.303(a).
(f) Section 91.129(e)(1) and Applies to large or
(2), (g)(2), and (h). turbine-powered
powered-lift.
(g) Section 91.129(e)(3).... Applies to powered-
lift preparing to
land in wing-borne
flight mode.
(h) Section 91.129(f)(1).... Applies to powered- (1) If the powered-
lift operating in lift is operating
wing-borne flight in vertical-lift
mode. flight mode, see
Sec. 194.303(b).
(2) Section
91.129(f)(1) does
not apply when the
operator of a
powered-lift is
conducting a
circling approach
under part 97 of
this chapter or
when otherwise
requested by air
traffic control
(ATC).
(i) Section 91.131(a)(2).... Applies to large
powered-lift.
(j) Section 91.151(a)....... Applies to all
powered-lift.
(k) Section 91.155(b)(2).... Applies to all
powered-lift.
(l) Section 91.175(f)(4)(i). Applies to powered-
lift operators
required to comply
with subpart I of
part 135 of this
chapter.
(m) Section 91.205(b)(11) Applies to small Position and anti-
and (14). powered-lift. collision lights
must meet Sec.
23.2530(b) of this
chapter.
(n) Section 91.205(d)(3)(i). Applies to powered-
lift certified for
instrument flight
rules operations.
(o) Section 91.207.......... Applies to all
powered-lift.
(p) Section 91.219.......... Applies to all
powered-lift.
(q) Section 91.223(a) and Applies to powered- Instead of terrain
(c). lift configured awareness and
with 6 or more warning system
passenger seats, (TAWS), powered-
excluding any pilot lift must be
seat. equipped with a
helicopter terrain
awareness and
warning system
(HTAWS) that meets
the requirements in
Technical Standard
Order (TSO)-C194
and Section 2 of
RTCA DO-309
(incorporated by
reference, see Sec.
194.109) or a FAA-
approved TAWS A/
HTAWS hybrid
system.
(r) Section 91.313(g)....... Applies to
restricted category
small powered-lift.
(s) Section 91.409(e) Applies to (1) Unless otherwise
through (h). technically- authorized by the
advanced powered- Administrator, a
lift which are technically
powered-lift advanced powered-
equipped with an lift must be
electronically equipped with an
advanced system in electronically
which the pilot advanced multi-
interfaces with a computer system
multi-computer that includes one
system with or more of the
increasing levels following installed
of automation in components:
order to aviate, (i) An electronic
navigate, or Primary Flight
communicate. Display (PFD) that
includes, at a
minimum, an
airspeed indicator,
turn coordinator,
attitude indicator,
heading indicator,
altimeter, and
vertical speed
indicator;
(ii) An electronic
Multifunction
Display (MFD) that
includes, at a
minimum, a moving
map using Global
Positioning System
(GPS) navigation
with the aircraft
position displayed;
(iii) A multi-axis
autopilot
integrated with the
navigation and
heading guidance
system; and
(iv) Aircraft design
with advanced fly-
by-wire-flight
control system that
utilizes
electronically
operated controls
with no direct
mechanical link
from the pilot to
the control
surfaces.
(2) The display
elements described
in paragraphs
(s)(1)(i) and (ii)
of this section
must be
continuously
visible.
(t) Section 91.411.......... Applies to all
powered-lift.
(u) Section 91.501.......... Applies to large
powered-lift.
(v) Section 91.503.......... Applies to all Powered-lift may
powered-lift comply with Sec.
subject to the 91.503(a)(5) by
requirements of having the
subpart F of part appropriate engine
91. or multiple-engines
inoperative climb
performance data
available at the
pilot station of
the aircraft.
(w) Section 91.505.......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(x) Section 91.507.......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
[[Page 39096]]
(y) Section 91.509.......... Applies to all (1) Powered-lift
powered-lift operating over
subject to the water under Sec.
requirements of 91.509(a) or (b)
subpart F of part may use either the
91. nearest shore or
the nearest off-
shore heliport
structure by which
to measure the
nautical mile
limits provided in
Sec. 91.509(a)
and (b).
(2) The lifeline
required by Sec.
91.509(b)(5) must
be stored in
accordance with
Sec. 25.1411(g)
of this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(z) Section 91.511.......... Applies to all Powered-lift
powered-lift operating over
subject to the water under Sec.
requirements of 91.511(a) may use
subpart F of part either the nearest
91. shore or the
nearest off-shore
heliport structure
by which to measure
the nautical mile
limits provided in
Sec. 91.511(a).
(aa) Section 91.513......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(bb) Section 91.515......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(cc) Section 91.517......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(dd) Section 91.519......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(ee) Section 91.521......... Applies to large The safety belt and
powered-lift shoulder harness
subject to the required by Sec.
requirements of 91.521 must comply
subpart F of part with Sec. 25.785
91. of this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(ff) Section 91.523......... Applies to powered- The carry-on baggage
lift having a required by Sec.
seating capacity of 91.523 must be
more than 19 stowed such that it
passengers subject can withstand the
to the requirements inertia forces
of subpart F of specified in Sec.
part 91. 25.561(b)(3) of
this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(gg) Section 91.525......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(hh) Section 91.527(a)...... Applies to all (1) Powered-lift
powered-lift critical surfaces,
subject to the as outlined in the
requirements of aircraft flight
subpart F of part manual for that
91. aircraft, must also
be determined to be
free of frost, ice,
or snow.
(2) Powered-lift
critical surfaces
under this section
are determined by
the manufacturer.
(ii) Section 91.527(b)(2) Applies to all Instead of Sec.
and (3). powered-lift 91.527(b)(2) and
subject to the (3), to operate
requirements of instrument flight
subpart F of part rules (IFR) into
91. known light or
moderate icing
conditions or VFR
into known light or
moderate icing
conditions, an
operator must
comply with Sec.
194.308(i).
(jj) Section 91.531(a)(1) Applies to powered-
and (2), (b), and (c). lift subject to the
requirements of
subpart F of part
91 and that meet
the additional
requirements as set
forth in each
paragraph of Sec.
91.531.
(kk) Section 91.533......... Applies to all
powered-lift
subject to the
requirements of
subpart F of part
91.
(ll) Section 91.603......... Applies to large The aural speed
powered-lift. warning device
required by Sec.
91.603 must comply
with Sec.
25.1303(c)(1) of
this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(mm) Section 91.605(b)(1)... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the takeoff weight
performance
information.
(nn) Section 91.605(b)(2)... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the landing
performance
information.
(oo) Section 91.605(b)(3), Applies to large
(b)(4)(ii), and (c). powered-lift that
execute takeoff
operations using
wing-borne lift and
that have takeoff
performance
information
contained in the
aircraft flight
manual.
[[Page 39097]]
(pp) Section 91.609(c), (d), Section 91.609(c) (1) Operators of
(e), (i), and (j). applies to powered- powered-lift having
lift with a a passenger seating
passenger seating configuration,
configuration of 10 excluding any pilot
or more seats; seat, of 10 or more
paragraph (e) of must comply with
Sec. 91.609 Sec. 194.312 or
applies to powered- Sec. 194.313 in
lift with a lieu of the
passenger seating appendices
configuration of referenced in Sec.
six or more seats 91.609(c)(1).
and for which two (2) For compliance
pilots are required with Sec.
by type 91.609(c)(3),
certification or (e)(1), and (i),
operating rule; powered-lift must
paragraphs (d), comply with the
(i), and (j) of certification
Sec. 91.609 apply provisions listed
to all powered-lift in those paragraphs
required to comply or such
with Sec. 91.609. airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(3) Under Sec.
91.609(d), the
flight recorder
must operate
continuously from
the earlier of when
the powered-lift
begins the takeoff
roll or begins lift-
off until the later
of when the powered-
lift completes the
landing roll or
lands at its
destination.
(qq) Section 91.613(b)(2)... Applies to large The thermal/acoustic
powered-lift. installation
materials required
by Sec.
91.613(b)(2) must
meet the
requirements of
Sec. 25.856 of
this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(rr) Section 91.1037........ Applies to large (i) If a powered-
powered-lift lift operator is
subject to the required to comply
requirements of with this section,
subpart K of part the operator must
91 that are also comply with
certificated to Sec.
conduct landing 91.1025(o)(7).
operations in wing-
borne flight mode
as indicated in the
aircraft flight
manual.
(ss) Section 91.1041(b) and Applies to all
(d). powered-lift
subject to the
requirements of
subpart K of part
91.
(tt) Section 91.1045(a)..... Applies to powered- Under Sec.
lift subject to the 91.1045(a)(3),
requirements of instead of TAWS,
subpart K of part powered-lift must
91 with a passenger- be equipped with a
seat configuration helicopter terrain
of more than 30 awareness and
seats or a payload warning system
capacity of more (HTAWS) that meets
than 7,500 pounds. the requirements in
Technical Standard
Order (TSO)-C194
and Section 2 of
RTCA DO-309 or a
FAA-approved TAWS A/
HTAWS hybrid
system.
(uu) Section 91.1045(b)..... Applies to powered- Compliance with Sec.
lift subject to the 91.1045(b)(3)
requirements of requires a
subpart K of part helicopter terrain
91 with a passenger- awareness and
seat configuration warning system that
of 30 seats or complies with Sec.
fewer, excluding 194.307(q).
each crewmember,
and a payload
capacity of 7,500
pounds or less.
------------------------------------------------------------------------
Sec. 194.303 Rotorcraft and helicopter provisions under part 91 of
this chapter applicable to powered-lift.
No person may operate a powered-lift under part 91 unless that
person complies with the regulations listed in the first column of
table 1 to this section, notwithstanding their applicability to
rotorcraft or helicopters, subject to the applicability provisions in
the second column and any additional requirements specified in the
third column.
Table 1 to Sec. 194.303
------------------------------------------------------------------------
Additional
Regulation Applicability requirements
------------------------------------------------------------------------
(a) Section 91.126(b)(2).... (1) Applies to If the powered-lift
powered-lift is operating in
operating in wing-borne flight
vertical-lift mode, see Sec.
flight mode. 194.302(e).
(b) Section 91.129(f)(2).... Applies to powered- (1) If the powered-
lift operating in lift is operating
vertical-lift in wing-borne
flight mode. flight mode, see
Sec. 194.302(h).
(2) Section
91.129(f)(2) does
not apply when the
operator of a
powered-lift is
conducting a
circling approach
under part 97 of
this chapter or
when otherwise
requested by ATC.
------------------------------------------------------------------------
Sec. 194.304 IFR takeoff, approach, and landing minimums.
Section 91.1039(c) of this chapter applies to all powered-lift
operated under subpart K of part 91 of this chapter regardless of
powerplant type.
Sec. 194.305 ATC transponder and altitude reporting equipment and
use.
The exceptions outlined in Sec. 91.215(b)(3) and (5) of this
chapter for aircraft not certificated with an engine-driven electrical
system do not apply to powered-lift.
Sec. 194.306 Applicability of copter procedures under part 97 of this
chapter to powered-lift.
Persons operating powered-lift may use copter procedures as defined
in Sec. 97.3 of this chapter if the aircraft is certified for
instrument flight rule operations and does not contain a limitation
prohibiting use of such procedures in its Aircraft Flight Manual.
[[Page 39098]]
Sec. 194.307 Airplane provisions under part 135 of this chapter
applicable to powered-lift.
No person may operate a powered-lift under part 135 unless that
person complies with the regulations listed in the first column of
table 1 to this section, notwithstanding their applicability to
airplanes, subject to the applicability provisions in the second column
and any additional requirements specified in the third column.
Table 1 to Sec. 194.307
------------------------------------------------------------------------
Additional
Regulation Applicability requirements
------------------------------------------------------------------------
(a) Section 135.23(r)(7).... Applies to powered-
lift required to
comply with Sec.
135.385 as set
forth in paragraphs
(qq) and (rr) of
this section.
(b) Section 135.93(a) Applies to all
through (f). powered-lift.
(c) Section 135.128(a)...... Applies to all The exception under
powered-lift. Sec. 135.128(a)
for seaplane and
float equipped
rotorcraft
operations during
movement on the
surface applies to
persons pushing off
a powered-lift from
the dock or persons
mooring the powered-
lift at the dock.
(d) Section 135.145(b)...... Applies to all
powered-lift unless
the certificate
holder has
previously proven a
powered-lift under
part 135.
(e) Section 135.145(d)(1)... Applies to all
powered-lift unless
a powered-lift of
the same make or
similar design has
been proven or
validated by that
certificate holder
under part 135.
(f) Section 135.150(a)(7)... Applies to large The public address
powered-lift with a system required by
passenger seating Sec.
configuration, 135.150(a)(7) must
excluding any pilot comply with Sec.
seat, of more than 25.1423 of this
19. chapter or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(g) Section 135.150(b)(7)... Applies to large (i) The crewmember
powered-lift with a interphone system
passenger seating must comply with
configuration, the requirements of
excluding any pilot Sec.
seat, of more than 135.150(b)(7) or
19. such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(h) Section 135.151(a)...... Applies to powered- The cockpit voice
lift with a recorder must be
passenger seating installed and
configuration of equipped in
six or more seats accordance with the
and for which two certification
pilots are required provisions listed
by certification or in Sec.
operating rules. 135.151(a)(1) or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(i) Section 135.151(b)...... (A) Applies to The cockpit voice
powered-lift with a recorder must be
passenger seating installed and
configuration of 20 equipped in
or more seats. accordance with the
certification
provisions listed
in Sec.
135.151(b)(1) or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(j) Section 135.151(d)...... (B) Applies to large The cockpit voice
powered-lift or recorder required
powered-lift by Sec.
equipped with a 135.151(d) must
cockpit voice record the
recorder. uninterrupted audio
signal received by
a boom or mask
microphone in
accordance with
Sec.
25.1457(c)(5) of
this chapter or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(k) Section 135.151(g)(1)... (C) Applies to The cockpit voice
powered-lift with a recorder must be
passenger seating installed and
configuration of equipped in
six or more seats, accordance with the
for which two appropriate
pilots are required certification
by certification or provisions listed
operating rules, in Sec.
and that are 135.151(g)(1)(i)
required to have a and (iv) or such
flight data airworthiness
recorder under Sec. criteria as the FAA
135.152. may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(l) Section 135.151(g)(2)... (D) Applies to The cockpit voice
powered-lift with a recorder must be
passenger seating installed and
configuration of 20 equipped in
or more seats and accordance with the
that is required to appropriate
have a flight data certification
recorder under Sec. provisions listed
135.152. in Sec.
135.151(g)(2)(i)
and (iv) or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(m) Section 135.151(h)...... (E) Applies to
powered-lift
required to have a
cockpit voice
recorder and a
flight data
recorder with
installed datalink
communication
equipment.
(n) Section 135.152(c), (d), (1) Applies to (1) The flight
(f), and (j). powered-lift with a recorder must be
passenger seating installed and
configuration, equipped in
excluding accordance with the
crewmember seats, appropriate
of 10 to 30. certification
provisions listed
in Sec. 135.152
or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
[[Page 39099]]
(2) Certificate
holders must keep
the recorded data
until the powered-
lift has been
operating for at
least 25 hours.
(3) The powered-lift
flight recorder
must be operated
continuously from
the instant the
powered-lift begins
the takeoff roll or
lift-off until the
landing is
completed.
(o) Section 135.152(a)...... Paragraph (a) of Powered-lift
Sec. 135.152 operators must
applies to powered- comply with Sec.
lift with a 194.314 or Sec.
passenger seating 194.315 in lieu of
configuration of 10 the appendices
to 19 seats. referenced in Sec.
135.152.
(p) Section 135.152(b) Paragraphs (b)
introductory text and introductory text
(b)(3). and (b)(3) of Sec.
135.152 apply to
powered-lift with a
passenger seating
configuration of 20
to 30 seats.
(q) Section 135.154(a) and Applies to powered- Instead of TAWS,
(c). lift configured powered-lift must
with 6 or more be equipped with a
passenger seats, helicopter terrain
excluding any pilot awareness and
seat. warning system
(HTAWS) that meets
the requirements in
Technical Standard
Order (TSO)-C194
and Section 2 of
RTCA DO-309
(incorporated by
reference, see Sec.
194.109) or a FAA-
approved TAWS A/
HTAWS hybrid
system.
(r) Section 135.158......... Applies to powered-
lift equipped with
a flight instrument
pitot heating
system.
(s) Section 135.159(a)(1)... Applies to powered-
lift with a third
attitude instrument
system that meets
the requirements of
paragraph (a)(1) of
Sec. 135.159.
(t) Section 135.165(d)...... Applies to powered-
lift having a
passenger seat
configuration,
excluding any pilot
seat, of 10 seats
or more, or a
powered-lift in a
commuter operation,
as defined in part
119 of this chapter.
(u) Section 135.165(g)(1)... Applies to powered-
lift for purposes
of approving a
single long-range
navigation system
and a single long-
range communication
system for extended
over-water
operations.
(v) Section 135.169(a)...... Applies to large (i) Powered-lift
powered-lift. must comply with
appropriate
certification
provisions listed
in Sec.
135.169(a) or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(w) Section 135.169(b)(8)... Applies to small (i) Small powered-
powered-lift with a lift with a
passenger seating passenger seating
configuration of 10 configuration of 10
seats or more. seats or more must
comply with the
applicable
requirements under
part 23 of this
chapter referenced
in Sec.
135.169(b)(8) or
such airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(x) Section 135.169(d)...... (1) Applies to large The cargo and
powered-lift with a baggage
cargo or baggage compartments
compartment of 200 required by Sec.
cubic feet or 135.169(d) must
greater. comply with the
certification
provisions listed
in that paragraph
or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(y) Section 135.170(b)(1)... Applies to large Powered-lift must
powered-lift and comply with
paragraph appropriate
(b)(1)(ii) of Sec. certification
135.170 applies to provisions listed
large powered-lift in Sec.
with a passenger 135.170(b)(1) or
capacity of 20 or such airworthiness
more. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(z) Section 135.170(b)(2)... Applies to large The seat cushions
powered-lift. required by Sec.
135.170(b)(2) must
comply with Sec.
25.853 of this
chapter or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(aa) Section 135.170(c)(2).. Applies to large The seat cushions
powered-lift. required by Sec.
135.170(c)(2) must
comply with Sec.
25.856 of this
chapter or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(bb) Section 135.178........ Applies to powered- The additional
lift having a emergency equipment
passenger-seating must comply with
configuration of appropriate
more than 19 seats. certification
provisions listed
in Sec. 135.178
or such
airworthiness
criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
[[Page 39100]]
(cc) Section 135.180........ Applies to powered- The aircraft flight
lift with a manual must contain
passenger seat the information
configuration, outlined in Sec.
excluding any pilot 135.180(b).
seat, of 10 to 30
seats.
(dd) Section 135.203(a)..... Applies to all
powered-lift.
(ee) Section 135.205(a)..... Applies to all
powered-lift.
(ff) Section 135.209(a)..... Applies to all
powered-lift.
(gg) Section 135.225(e)..... Applies to all
powered-lift.
(hh) Section 135.227(b)(1) Applies to all (1) Powered-lift
through (3). powered-lift. critical surfaces,
as outlined in the
aircraft flight
manual for that
aircraft, must also
be determined to be
free of frost, ice,
or snow.
(2) Powered-lift
critical surfaces
under this section
are determined by
the manufacturer.
(3) For IFR and VFR
flight into certain
icing conditions,
see Sec.
194.308(i).
(ii) Section 135.361(a)..... As applicable to
each powered-lift
considering size
and certification
basis.
(jj) Section 135.363(a) As applicable to
through (e). each powered-lift,
regardless of power
plant type,
considering size
and certification
basis.
(kk) Section 135.363(f)..... Applies to powered-
lift that must
comply with Sec.
Sec. 135.365
through 135.387 as
set forth in
paragraphs (mm)
through (ss) of
this section.
(ll) Section 135.379(a) and Applies to large The Aircraft Flight
(d). powered-lift. Manual must contain
the takeoff weight
performance
information.
(mm) Section 135.379(c), Applies to large The accelerate-stop
(e), (f), and (g). powered-lift distance required
certificated to by Sec.
conduct takeoff 135.179(c)(1) must
operations that comply with Sec.
utilize wing-borne 25.109 of this
lift as indicated chapter or such
in the aircraft airworthiness
flight manual. criteria as the FAA
may find provide an
equivalent level of
safety in
accordance with
Sec. 21.17(b) of
this chapter.
(nn) Section 135.381........ Applies to large
powered-lift.
(oo) Section 135.383(c)..... Applies to large
powered-lift.
(pp) Section 135.385(a)..... Applies to large The Aircraft Flight
powered-lift. Manual must contain
the landing weight
performance
information.
(qq) Section 135.385(b), Applies to large Paragraph (f) of
(d), (e), and (f). powered-lift Sec. 135.385 only
certificated to applies to eligible
conduct landing on-demand
operations that operators.
utilize wing-borne
lift and that have
landing performance
information
contained in the
aircraft flight
manual.
(rr) Section 135.387(a) and Applies to large (1) Powered-lift
(b). powered-lift operating under
certificated to Sec. 135.387(a)
conduct landing must be able to
operations that complete a full
utilize wing-borne stop landing within
lift and that have 60 percent of the
landing performance effective length of
information the runway.
contained in the (2) Paragraph (b) of
aircraft flight Sec. 135.387 only
manual. applies to eligible
on-demand
operators.
(ss) Section 135.397(b)..... Applies to small The Aircraft Flight
powered-lift having Manual must contain
a passenger-seating the takeoff and
configuration of landing weight
more than 19 seats performance
and that utilize information.
wing-borne lift
during takeoff and
landing.
------------------------------------------------------------------------
Sec. 194.308 Rotorcraft and helicopter provisions under part 135 of
this chapter applicable to powered-lift.
No person may operate a powered-lift under part 135 unless that
person complies with the regulations listed in the first column of
table 1 to this section, notwithstanding their applicability to
rotorcraft or helicopters, subject to the applicability provisions in
the second column and any additional requirements specified in the
third column.
Table 1 to Sec. 194.308
------------------------------------------------------------------------
Additional
Regulation Applicability requirements
------------------------------------------------------------------------
(a) Section 135.1(a)(9)..... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
(b) Section 135.117(a)(9)... Applies to powered- ....................
lift conducting
operations beyond
the autorotational
distance from the
shoreline, as
defined in Sec.
135.168(a), or
gliding distance of
a shoreline.
(c) Section 135.160......... Applies to all ....................
powered-lift.
(d) Section 135.163(g)...... Applies to all The two required
powered-lift. generators may be
mounted on a
drivetrain that is
driven by two
separate
powerplants as
outlined in Sec.
135.163(g) for
multi-engine
helicopters.
(e) Section 135.168......... Applies to powered- ....................
lift operating
beyond
autorotational
distance or gliding
distance from the
shoreline.
(f) Section 135.181(b)...... Applies to powered- ....................
lift conducting
offshore passenger
operations.
[[Page 39101]]
(g) Section 135.183(d)...... Applies if the ....................
powered-lift is
equipped with
flotation devices
and carrying
passengers over
water.
(h) Section 135.207......... Applies if the ....................
powered-lift does
not have the flight
instrumentation
listed in Sec.
135.159 installed
and operable.
(i) Section 135.227(d)...... Applies to powered- For critical
lift that are type surfaces
certificated and requirements, see
appropriately Sec. 194.307(ii).
equipped for
operations in
certain icing
conditions.
(j) Section Applies to powered- If a powered-lift is
135.229(b)(2)(ii). lift taking off or not landing in
landing in vertical- vertical flight
lift flight mode mode and not
and equipped with equipped with
landing lights landing lights
oriented in a oriented in a
direction that direction that
enables the pilot enables the pilot
to see a landing to see a landing
area marked by area marked by
reflective material. reflective
material, the
powered-lift must
land at an airport
with boundary or
runway marker
lights.
(k) Section 135.271......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
(l) Section 135.429(d)...... Applies to powered- ....................
lift that operate
in remote areas or
sites.
(m) Section 135.601......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
(n) Section 135.603......... Applies to powered- See Sec. 194.221
lift conducting for references to
operations in class in part 135.
accordance with
subpart L of part
135.
(o) Section 135.605......... Applies to powered- Powered-lift must be
lift conducting equipped with a
operations in helicopter terrain
accordance with awareness and
subpart L of part warning system
135. (HTAWS) that meets
the requirements in
Technical Standard
Order (TSO)-C194
and Section 2 of
RTCA DO-309
(incorporated by
reference, see Sec.
194.109) or a FAA-
approved TAWS A/
HTAWS hybrid
system.
(p) Section 135.607......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
(q) Section 135.609......... Applies to powered- (1) For
lift conducting nonmountainous
operations in local flying areas,
accordance with powered-lift must
subpart L of part comply with the
135. following weather
minimums:
(ii) During day
operations, a
ceiling of 800 feet
and visibility of 2
SM; and
(iii) During night
operations, a
ceiling of 1500
feet and visibility
of 3 SM.
(2) For
nonmountainous, non-
local flying areas,
powered-lift must
comply with the
following weather
minimums:
(i) During day
operations, a
ceiling of 800 feet
and visibility of 3
SM; and
(ii) During night
operations, a
ceiling of 1500
feet and visibility
of 3 SM.
(3) For mountainous
local flying areas,
powered-lift must
comply with the
following weather
minimums:
(i) During day
operations, a
ceiling of 800 feet
and visibility of 3
SM; and
(ii) During night
operations, a
ceiling of 2500
feet and visibility
of 3 SM.
(4) For mountainous
non-local flying
areas, powered-lift
must comply with
the following
weather minimums:
(i) During day
operations, a
ceiling of 1000
feet and visibility
of 3 SM; and
(ii) During night
operations, a
ceiling of 2500
feet and visibility
of 5 SM.
(r) Section 135.611......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
(s) Section 135.613......... Applies to powered- (1) Section
lift conducting 135.613(a)(1) only
operations in applies to powered-
accordance with lift equipped and
subpart L of part certified to
135. conduct PinS
approaches
annotated with a
``Proceed VFR''
segment.
(2) The applicable
weather minimums
under Sec.
135.613(a)(2) are:
(i) For Day
Operations: No less
than a 1000-foot
ceiling and 2
statute miles
flight visibility;
and
(ii) For Night
Operations: No less
than a 1500-foot
ceiling and 3
statute miles
flight visibility.
(3) Under Sec.
135.613, the VFR
weather minimums
outlined in
paragraphs
(b)(1)(ii)(A) and
(B) apply.
[[Page 39102]]
(t) Section 135.615......... Applies to powered- (1) Under Sec.
lift conducting 135.615, the
operations in minimums outlined
accordance with in paragraphs
subpart L of part (a)(3)(ii)(A) and
135. (B) apply.
(2) Under Sec.
135.615(b)(1) and
(2), while
conducting VFR
operations, the
pilot in command
must ensure that
all terrain and
obstacles along the
route of flight are
cleared vertically
by no less than the
following:
(i) During the day,
500 feet above the
surface or 500 feet
horizontally from
any obstacle; or
(ii) At night, at an
altitude of 1,000
feet above the
highest obstacle
within a horizontal
distance of 5 miles
from the course
intended to be
flown or, in
designated
mountainous
terrain, 2,000 feet
above the highest
obstacle within a
horizontal distance
of 5 miles from the
course intended to
be flown.
(u) Section 135.617......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L this part
135.
(v) Section 135.619......... Applies to powered- ....................
lift operators with
10 or more powered-
lift, helicopters,
or any combination
thereof, assigned
to the certificate
holder's operations
specifications for
air ambulance
operations.
(w) Section 135.621......... Applies to powered- ....................
lift conducting
operations in
accordance with
subpart L of part
135.
------------------------------------------------------------------------
Sec. 194.309 Applicability of rules for eligible on-demand
operations.
No person may operate a powered-lift in an eligible on-demand
operation under part 135 of this chapter without complying with the
requirements specified for the second in command of a fixed-wing
aircraft contained in Sec. 135.4(a)(3) of this chapter.
Sec. 194.310 Applicability of national air tour safety standards
under part 136 of this chapter to powered-lift.
(a) No person may operate a powered-lift under part 136 without
complying with the requirements specified for airplanes contained in
the following regulations in part 136:
(1) Section 136.9(b)(2) applies to powered-lift operating in wing-
borne flight mode within power-off gliding distance to the shoreline.
(2) [Reserved]
(b) No person may operate a powered-lift under part 136 without
complying with the requirements specified for helicopter or rotorcraft
contained in the following regulations in part 136:
(1) Suitable landing area, as defined in Sec. 136.1, applies to
powered-lift conducting commercial air tours;
(2) Section 136.11(a)(2), (b), and (c) apply to powered-lift
operating in vertical-lift flight mode while conducting commercial air
tours over water beyond the auto-rotational or gliding distance from
the shoreline;
(3) Section 136.13; and
(4) Appendix A to part 136 as follows:
(i) Section 3 applies to all powered-lift operators conducting air
tours in Hawaii beyond the shore of any island;
(ii) Section 4; and
(iii) Section 5 applies to powered-lift with aircraft flight
manuals containing height velocity information.
Sec. 194.311 Applicability of flight instruction; Simulated
instrument flight.
The requirement to hold the appropriate category and class rating
in Sec. 91.109(c)(1)(i) of this chapter is not applicable to
operations conducted to meet alternate aeronautical experience
requirements set forth in Sec. Sec. 194.225, 194.227, and 194.229.
Sec. 194.312 Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 91 of this chapter.
Table 1 to Sec. 194.312
----------------------------------------------------------------------------------------------------------------
Installed system
\1\ minimum Sampling interval
Parameters Range accuracy (to (per second) Resolution 3 read out
recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on 4 hr minimum..... 0.125% per
hour.
Indicated Airspeed............. VM in to VD 5% or 1................ 1 kt.
(KIAS) (minimum 10
airspeed signal kts., whichever
attainable with is greater.
installed pilot-
static system).
Altitude....................... -1,000 ft. to 100 1................ 25 to 150 ft.
20,000 ft. to 700 ft.
altitude. (see Table 1,
TSO C51-a).
Magnetic Heading............... 360[deg]......... 5[deg].
Vertical Acceleration.......... -3g to + 6g...... 0.2g 4 (or 1 per 0.05g.
in addition to second where
0.3g peaks, ref. to
maximum datum. 1g are recorded).
Longitudinal Acceleration...... 1.0g. 1.5% 2................ 0.03g.
max. range
excluding datum
error of 5%.
Pitch Attitude................. 100% of usable 2[deg].
Roll Attitude.................. 60 or 2[deg].
range, whichever
is greater.
Altitude Rate.................. 8,000 10% 1................ 250 fpm below 12,000.
fpm. Resolution 250
fpm below 12,000
ft. indicated.
Engine Power, Each Engine:
Main Rotor Speed........... Maximum Range.... 5%... 1................ 1%.\2\
[[Page 39103]]
Free or Power Turbine...... Maximum Range.... 5%... 1................ 1%.\2\
Engine Torque.............. Maximum Range.... 5%... 1................ 1%.\2\
Flight Control Hydraulic
Pressure:
Primary (Discrete)......... High/Low......... ................. 1................
Secondary--if applicable High/Low......... ................. 1................
(Discrete).
Radio Transmitter Keying On/Off........... ................. 1................
(Discrete).
Autopilot Engaged Engaged or ................. 1................
(Discrete). Disengaged.
SAS Status--Engaged Engaged or ................. 1................
(Discrete). Disengaged.
SAS Fault Status (Discrete) Fault/OK......... ................. 1................
Flight Controls:
Pilot Inputted--Primary Full range....... 3%... 2................ 1%.\2\
Controls (i.e., Ascent,
descent, acceleration and
deceleration, heading and
directional control for
all axis).
Controllable Stabilator Full range....... 3%... 2................ 1%.\2\
Position.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
recording system excluding these sensors (but including all other characteristics of the recording system)
shall contribute no more than half of the values in this column.
\2\ Percent of full range.
Sec. 194.313 Powered-lift in wing-borne flight mode, flight recorder
specifications under part 91 of this chapter.
Table 1 to Sec. 194.313
----------------------------------------------------------------------------------------------------------------
Installed system
\1\ minimum Sampling interval
Parameters Range accuracy (to (per second) Resolution read out
recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on 8 hr minimum..... 0.125% per
hour.
Indicated Airspeed............. Vso to VD (KIAS). 5% or 1................ 1%.\3\
10
kts., whichever
is greater.
Resolution 2
kts. below 175
KIAS.
Altitude....................... -1,000 ft. to max 100 1................ 25 to 150 ft.
cert. alt. of A/ to 700 ft.
(see Table 1,
TSO C51-a).
Magnetic Heading............... 360[deg]......... 5[deg].
Vertical Acceleration.......... -3g to + 6g...... 0.2g 4 (or 1 per 0.03g.
in addition to second where
0.3g peaks, ref. to
maximum datum. 1g are recorded).
Longitudinal Acceleration...... 1.0g. 1.5% 2................ 0.01g.
max. range
excluding datum
error of 5%.
Pitch Attitude................. 100% of usable... 2[deg].
Roll Attitude.................. 60[deg] or minus>2[deg].
100% of usable
range, whichever
is greater.
Stabilizer Trim Position, or Full Range....... 3% 1................ 1%.\3\
Pitch Control Position. unless higher
uniquely
required.
Engine Power, Each Engine...... Full Range....... 3% 1................ 1%.\3\
unless higher
uniquely
required.
Fan or N\1\ Speed or EPR or Maximum Range.... 5%... 1................ 1%.\3\
Cockpit indications Used for
Aircraft Certification OR.
Prop. speed and Torque (Sample ................. ................. 1 (prop Speed)... 1%.\3\
Once/Sec as Close together as 1 (torque)....... 1%.\3\
Practicable).
Altitude Rate \2\ (need depends 8,000 10%. 1................ 250 fpm. below 12,000.
on altitude resolution). fpm. Resolution 250
fpm below 12,000
ft. indicated.
Angle of Attack \2\ (need -20[deg] to 2[deg].
resolution). of usable range.
Radio Transmitter Keying On/Off........... ................. 1................
(Discrete).
TE Flaps (Discrete or Analog).. Each discrete ................. 1................
position (U, D,
T/O, AAP) OR.
LE Flaps (Discrete or Analog).. Analog 0-100% 3%... 1................ 1%.\3\
range.
Each discrete ................. 1................
position (U, D,
T/O, AAP) OR.
Thrust Reverser, Each Engine Analog 0-100% 3[deg].
Stowed or full
reverse.
Spoiler/Speedbrake (Discrete).. Stowed or out.... ................. 1................
Autopilot Engaged (Discrete)... Engaged or ................. 1................
Disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
recording system excluding these sensors (but including all other characteristics of the recording system)
shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
these two parameters can be omitted.
\3\ Percent of full range.
[[Page 39104]]
Sec. 194.314 Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 135 of this chapter.
Table 1 to Sec. 194.314
----------------------------------------------------------------------------------------------------------------
Installed system
\1\ minimum Sampling interval
Parameters Range accuracy (to (per second) Resolution read out
recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on 25 hr minimum.... 0.125% per
hour.
Indicated airspeed............. Vm in to VD 5% or 1................ 1 kt.
(KIAS) (minimum 10
airspeed signal kts., whichever
attainable with is greater.
installed pilot-
static system).
Altitude....................... -1,000 ft. to 100 1................ 25 to 150 ft.
20,000 ft. to 700 ft.
altitude. (see Table 1,
TSO C51-a).
Magnetic heading............... 360[deg]......... 5[deg].
Vertical acceleration.......... -3g to + 6g...... 0.2g 4 (or 1 per 0.05g.
in addition to second where
0.3g peaks, ref. to
maximum datum. 1g are recorded).
Longitudinal acceleration...... 1.0g. 1.5% 2................ 0.03g.
max. range
excluding datum
error of 5%.
Pitch attitude................. 100% of usable 2[deg].
Roll attitude.................. 60[deg] or minus>2[deg].
100% of usable
range, whichever
is greater.
Altitude rate.................. 8,000 10% 1................ 250 fpm below 12,000.
fpm. Resolution 250
fpm below 12,000
ft. indicated.
Engine Power, Each Engine:
Main rotor speed........... Maximum range.... 5%... 1................ 1%.\2\
Free or power turbine...... Maximum range.... +5%.............. 1................ 1%.\2\
Engine torque.............. Maximum range.... 5%... 1................ 1%.\2\
Flight Control--Hydraulic
Pressure:
Primary (discrete)......... High/low......... ................. 1................ ......................
Secondary--if applicable High/low......... ................. 1................ ......................
(discrete).
Radio transmitter keying On/off........... ................. 1................ ......................
(discrete).
Autopilot engaged Engaged or ................. 1................ ......................
(discrete). disengaged.
SAS status--engaged Engaged/ ................. 1................ ......................
(discrete). disengaged.
SAS fault status (discrete) Fault/OK......... ................. 1................ ......................
Flight Controls:
Primary Controls (I.E. Full range....... 3%... 2................ 1%.\2\
Ascent, descent,
acceleration and
deceleration, heading and
directional control for
all axis) \3\.
Controllable Stabilator Full range....... 3%... 2................ 1%.\2\
Position \3\.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
recording system excluding these sensors (but including all other characteristics of the recording system)
shall contribute no more than half of the values in this column.
\2\ Percent of full range.
\3\ For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4.
Sec. 194.315 Powered-lift in wing-borne flight mode, flight recorder
specification under part 135 of this chapter.
Table 1 to Sec. 194.315
----------------------------------------------------------------------------------------------------------------
Installed system
\1\ minimum Sampling interval
Parameters Range accuracy (to (per second) Resolution read out
recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on 25 hr minimum.... 0.125% per
hour.
Indicated airspeed............. Vso to VD (KIAS). 5% or 1................ 1%.\3\
10
kts., whichever
is greater.
Resolution 2
kts. below 175
KIAS.
Altitude....................... -1,000 ft. to max 100 1................ 25 to 150.
cert. alt. of A/ to 700 ft.
(see Table 1,
TSO C51-a).
Magnetic heading............... 360[deg]......... 5[deg].
Vertical acceleration.......... -3g to + 6g...... 0.2g 4 (or 1 per 0.03g.
in addition to second where
0.3g peaks, ref. to
maximum datum. 1g are recorded).
Longitudinal acceleration...... 1.0g. 1.5% 2................ 0.01g.
max. range
excluding datum
error of 5%.
Pitch attitude................. 100% of usable... 2[deg].
Roll attitude.................. 60[deg] or minus>2[deg].
100% of usable
range, whichever
is greater.
Stabilizer trim position;...... Full range....... 3% 1................ 1%.\3\
Or............................. unless higher
uniquely
required.
Pitch control position......... Full range....... 3% 1................ 1%.\3\
unless higher
uniquely
required.
Engine Power, Each Engine:
Fan or N1 speed or EPR or Maximum range.... 5%... 1................ 1%.\3\
cockpit indications used
for aircraft
certification; Or
[[Page 39105]]
Prop. speed and torque ................. ................. 1 (prop speed), 1 ......................
(sample once/sec as close (torque).
together as practicable).
Altitude rate \2\ (need 8,000 10%. 1................ 250 fpm Below 12,000.
depends on altitude fpm. Resolution 250
resolution). fpm below 12,000
ft. indicated.
Angle of attack \2\ (need -20[deg] to 2[deg].
resolution). usable range.
Radio transmitter keying On/off........... ................. 1................ ......................
(discrete).
TE flaps (discrete or Each discrete ................. 1................ ......................
analog). position (U, D,
T/O, AAP); Or
Analog 0-100% 3[deg].
LE flaps (discrete or Each discrete ................. 1................ ......................
analog). position (U, D,
T/O, AAP); Or
Analog 0-100% 3[deg].
Thrust reverser, each Stowed or full ................. 1................ ......................
engine (Discrete). reverse.
Spoiler/speedbrake Stowed or out.... ................. 1................ ......................
(discrete).
Autopilot engaged Engaged or ................. 1................ ......................
(discrete). disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
recording system excluding these sensors (but including all other characteristics of the recording system)
shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
these two parameters can be omitted.
\3\ Percent of full range.
Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration Requirements for Powered-lift under Part 43 of this
Chapter
Sec. 194.401 Applicability.
Unless otherwise specified by this part, powered-lift must continue
to comply with rules applicable to all aircraft in part 43 of this
chapter.
Sec. 194.402 Maintenance provisions.
The following maintenance provisions under part 43 of this chapter
that pertain to rotorcraft also apply to powered-lift:
(a) Section 43.3(h) of this chapter applies to certificate holders
operating powered-lift under part 135 of this chapter in a remote area;
and
(b) In lieu of complying with Sec. 43.15(b) of this chapter, each
person performing an inspection required by part 91 of this chapter on
a powered-lift shall inspect critical parts in accordance with the
maintenance manual or Instruction for Continuous Airworthiness, or as
otherwise approved by the Administrator.
(1) A ``critical part'' has the same meaning as provided in
Sec. Sec. 27.602 and 29.602 of this chapter.
(2) [Reserved]
Issued under authority provided by 49 U.S.C. 106(f), 40113,
44701-44705, 44707, 44712, 44713, 44715, 44722, and 44730 in
Washington, DC, on May 22, 2023.
David H. Boulter,
Acting Associate Administrator for Aviation Safety.
[FR Doc. 2023-11497 Filed 6-7-23; 11:15 am]
BILLING CODE 4910-13-P
