Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes, 92296-92522 [2024-24886]

Download as PDF 92296 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 11, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142, and 194 [Docket No. FAA–2023–1275; Amdt. Nos. 1– 78, 11–69, 43–62, 60–8, 61–157, 91–379, 97– 1340, 111–2, 135–147, 136–4, 141–26, 142– 11, and 194–1] Table of Contents 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: Final rule. AGENCY: This final rule adopts permanent amendments and a Special Federal Aviation Regulation (SFAR) for a period of ten years to: facilitate the certification of powered-lift pilots, clarify operating rules applicable to operations involving a powered-lift, and finalize other amendments which are necessary to integrate powered-lift into the National Airspace System (NAS). In this final action, the FAA finalizes its alternate framework to stand-up initial groups of powered-lift pilots and flight instructors. Most notably, the FAA adopts alternate frameworks to facilitate the certification of pilots seeking qualifications in a powered-lift with single functioning flight controls and a single pilot station. In response to commenters, the FAA provides clarification for certain operating rules and adopts a performance-based approach to certain operating rules to enable powered-lift operations. In addition to finalizing provisions for powered-lift, this action also makes changes to practical tests in aircraft that require type ratings, including airplanes and helicopters, training center rotorcraft instructor eligibility, training and testing requirements, and training center use of rotorcraft in flight training. DATES: This final rule is effective January 21, 2025, except for amendatory instruction 52 which is effective July 21, 2025. The incorporation by reference of certain publications listed in this final rule are approved by the Director of the Federal Register as of January 21, 2025. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How to Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. lotter on DSK11XQN23PROD with RULES2 SUMMARY: VerDate Sep<11>2014 18:53 Nov 20, 2024 For technical questions concerning this action, contact Christina Grabill, AFS– 810, Federal Aviation Administration, 800 Independence Ave. SW, Washington, DC 20591; telephone (202) 267–1100; email 9-FAA-Powered-Lift@ faa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Jkt 265001 I. Executive Summary A. Purpose of the Regulatory Action B. Aircraft Certification C. Airman Certification D. Operational Requirements E. International Operation of Powered-Lift F. Summary of the Costs and Benefits G. SFAR Framework and Duration II. Authority for This Rulemaking III. Background A. General B. Summary of the NPRM C. General Overview of Comments D. Differences Between the NPRM and the Final Rule IV. Powered-Lift Type Certification and FSTD Qualification A. Type Certification B. Noise Certification C. Qualification of Powered-Lift Flight Simulation Training Devices (FSTDs) V. Certification of Powered-Lift Pilots A. Establish a Type Rating Requirement for Persons Seeking To Act as PIC of Powered-Lift B. Applicability of the Type Rating Requirement to Military Pilots C. Applicability of the SIC Qualification Requirements of § 61.55 to Powered-Lift D. Dual Controls Considerations Related to Flight Training and Supervised Operating Experience E. Supervised Operating Experience of § 61.64 F. Establishment of an Alternate Pathway for Pilot Certification G. Training in an Approved Program Under Parts 135, 141, and 142 H. Practical Tests I. Miscellaneous Amendments J. Part 135 Pilot Qualifications K. Part 142 Training Centers L. Subpart K of Part 91 Pilot Qualifications VI. Operational Rules for Powered-Lift A. Introduction B. Part 91 Rules for Powered-Lift C. Part 97 Rules for Powered-Lift D. Part 135 Rules for Powered-Lift E. Part 136 Rules for Powered-Lift F. Part 43 Applicability to Powered-Lift G. Pilot Records Database VII. Air Traffic Operations VIII. International Operations for PoweredLift A. Personnel Licensing B. Operations of Aircraft C. Airworthiness of Aircraft IX. Advanced Air Mobility X. SFAR Framework and Duration XI. Autonomous Powered-Lift XII. Comments to Regulatory Impact Analysis XIII. FAA Readiness XIV. Definitions A. Definition of Powered-Lift PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 B. Definition of Flight Modes C. Definition of Heliport D. Definition of Autorotation XV. Other Comments Related to Powered-Lift A. Other Comments Related to Language or Definitions in the Powered-Lift NPRM B. Safety Systems or Procedures Not Addressed in the NPRM C. Other Comments Related to PoweredLift Design D. Congressional Comments XVI. Related Rulemakings XVII. Severability XVIII. Regulatory Notices and Analyses A. Summary of the Regulatory Impact Analysis B. Regulatory Flexibility Act C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility G. Environmental Analysis H. Regulations Affecting Intrastate Aviation in Alaska I. Congressional Review Act XIX. Executive Order Determinations A. Executive Order 14036, Promoting Competition in the United States Economy B. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government C. Executive Order 13132, Federalism D. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments E. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use F. Executive Order 13609, Promoting International Regulatory Cooperation XX. Additional Information A. Electronic Access and Filing B. Small Business Regulatory Enforcement Fairness Act List of Abbreviations and Acronyms Frequently Used in This Document Abbreviations and Acronyms Used in This Document ACO—Aircraft Certification Office ACS—Airman Certification Standards APD—Aircrew Program Designee AIH—Aviation Instructor’s Handbook AQP—Advanced Qualification Program ATC—Air Traffic Control ATP—Airline Transport Pilot ATO—Air Traffic Organization CAMP—Continuous Airworthiness Maintenance Program CFIT—Controlled Flight Into Terrain CFR—Code of Federal Regulations CLOA—Certificate and Letter of Authority CVR—Cockpit Voice Recorder DPE—Designated Pilot Examiner GPS—Global Positioning System GPWS—Ground Proximity Warning Systems ELT—Emergency Locator Transmitter ERT—Extended Review Team FDR—Flight Data Recorder FFS—Full Flight Simulator FSB—Flight Standardization Board FSBR—Flight Standardization Board Report FSTD—Flight Simulation Training Device E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 FTD—Flight Training Device HAA—Helicopter Air Ambulance HTAWS—Helicopter Terrain Awareness Warning System ICAO—International Civil Aviation Organization IFR—Instrument Flight Rules IMC—Instrument Meteorological Conditions IOE—Initial Operating Experience IPC—Instrument Proficiency Check LOA—Letter of Authorization LOFT—Line Oriented Flight Training MDA—Minimum Descent Altitude MCTW—Maximum Certificated Takeoff Weight MEL—Minimum Equipment List MFD—Multifunction Display MGTOW—Maximum Gross Takeoff Weight MMEL—Master Minimum Equipment List NAS—National Airspace System NPRM—Notice of Proposed Rulemaking NM—Nautical Mile NSP—National Simulator Program NTSB—National Transportation Safety Board OEM—Original Equipment Manufacturer PA—Public Address System PDP—Professional Development Program PIC—Pilot in Command PFD—Primary Flight Display POI—Principal Operations Inspector PTS—Practical Test Standards QPS—Qualification Performance Standards RPA—Rules of Particular Applicability SARPs—Standards and Recommended Practices SFAR—Special Federal Aviation Regulation SIC—Second in Command SLF—Supervised Line Flying SOE—Supervised Operating Experience SVO—Simplified Vehicle Operations TAPL—Technically Advanced Powered-Lift TAWS—Terrain Awareness and Warning System TC—Type Certificate TCE—Training Center Evaluator TCDS—Type Certificate Data Sheet VFR—Visual Flight Rules VMC—Visual Meteorological Conditions VTOL—Vertical Takeoff and Landing I. Executive Summary This final rule establishes the requirements for pilot certification and operation of powered-lift. Powered-lift are defined in title 14 of the Code of Federal Regulations (14 CFR) part 1 as heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight. Powered-lift are capable of vertical takeoff and landing (VTOL) while being able to fly like an airplane during cruise flight. Currently, there are no typecertificated powered-lift in civil operations; however, there are several applicants seeking type certificates for such aircraft. Several of the powered-lift that the FAA expects to enter the civilian market have complex and unique design, flight, VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 and handling characteristics with varying degrees of automation. The FAA anticipates that these aircraft will conduct an array of different operations, such as transporting crew and material to offshore oil rigs, transporting passengers from point-to-point as an air ambulance, and transporting passengers in concentrated urban environments. To safely integrate powered-lift in the national airspace system (NAS), the FAA is making permanent changes to parts 61, 135, and 142 to train and certificate powered-lift pilots and instructors, as well as issuing a temporary Special Federal Aviation Regulation (SFAR) that supplements existing rules, creates temporary alternatives for airman certification, removes operational barriers, and mitigates safety risks for powered-lift. As discussed in section X of this preamble, the duration of the SFAR is 10 years. Powered-lift will also be utilized to support the deployment of advanced air mobility (AAM) operations. AAM is an umbrella term for an air transportation system that moves people and cargo using revolutionary new aircraft. The AAM Coordination and Leadership Act defines AAM as ‘‘a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical takeoff and landing aircraft, in both controlled and uncontrolled airspace.’’ The FAA Reauthorization Act of 2024 updated the definition to mean ‘‘a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.’’ 1 Congress directed the Department of Transportation to establish an advanced air mobility working group to plan for and coordinate efforts necessary for maturation of the AAM ecosystem in the United States through the Advanced Air Mobility Coordination and Leadership Act. This rulemaking is an important step in facilitating the integration of powered-lift and AAM into the NAS. A. Purpose of the Regulatory Action This final rule addresses regulatory barriers to introducing powered-lift as a new category of aircraft into operations in the NAS. The final rule creates an 1 FAA Reauthorization Act of 2024, Pub. L. 118– 63 (May 16, 2024). The media often refer to these operations as ‘‘air taxis’’; however, this term is used only in the context of 14 CFR chapter II (pertaining to DOT-specific regulations). Consequently, throughout this preamble, the FAA refers to these operations as passenger-carrying operations or air carrier operations. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 92297 alternate pathway for pilot certification and enables operations under parts 91 (General Operating and Flight Rules), 97 (Standard Instrument Procedures), 135 (Commuter and On-Demand Operations), and 136 (Commercial Air Tours). The existing regulations in part 61 for training and certificating powered-lift flight instructors and pilots do not adequately address the unique challenges of introducing a new category of aircraft to civil operations. First, the existing regulations did not anticipate the diversity in design of the powered-lift that are working through the aircraft certification process. Second, there are challenges with applying existing aeronautical experience requirements to train and certificate the initial cadre 2 of poweredlift flight instructors and pilots. In addition, part 135 regulations for certain commercial operations do not contain specific requirements addressing the qualifications for powered-lift pilots. Therefore, current part 135 pilot qualification requirements that apply to pilots of airplanes and helicopters need to be amended to include powered-lift pilots to close the safety gap. In addition, to address an operational safety risk that exists because the current regulatory framework governing operations does not contemplate powered-lift, changes had to be made to certain operational rules. There are myriad operational rules under parts 91, 97, 135, and 136 that currently apply to ‘‘airplanes,’’ ‘‘helicopters,’’ and/or ‘‘rotorcraft’’ that should also apply to powered-lift. Industry has expressed its intent to introduce these aircraft immediately into passenger-carrying commercial operations under part 135, making the need to reconsider the existing airman certification standards and operating regulations for powered-lift and address the absence of specific regulations for pilots in part 135 more urgent. The FAA requires and the public expects that commercial operations be conducted with the highest regard for safety and by pilots who have the requisite experience flying the particular category of aircraft in which paying passengers will be transported. As a result, this rulemaking is necessary to ensure that pilots for these aircraft are properly trained and 2 The FAA uses the term ‘‘initial cadre’’ throughout this preamble. In some instances, initial cadre refers to a sufficient number of instructors and evaluators to train and qualify pilots for powered-lift ratings under an approved training program under part 135, 141, or 142. In other instances, the term refers to a sufficient number of pilots who are rated in powered-lift to meet the demands of the market. E:\FR\FM\21NOR2.SGM 21NOR2 92298 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations that these rapidly developing aircraft can safely integrate and operate within the NAS. The following sections discuss the provisions being adopted in this final rule. lotter on DSK11XQN23PROD with RULES2 B. Aircraft Certification The FAA did not establish any new requirements for the type certification of powered-lift, nor did it revise existing type certification requirements. The FAA determined that existing aircraft certification requirements are sufficient to type certificate powered-lift as a special class under § 21.17(b). The special class process allows the FAA to address the novel features of unique and nonconventional aircraft without the need for additional processes such as special conditions or exemptions that would be required if the FAA used the airworthiness standards already in place. The aircraft certification requirements and comments the FAA received are discussed in more detail in section IV.A. of this preamble. C. Airman Certification To maintain a level of safety commensurate with that expected for airplanes and helicopters, the FAA adopts new requirements for pilots to hold type ratings for each powered-lift they fly and qualification requirements for powered-lift pilots serving in part 135 operations. To address the obstacles to airman certification, the FAA provides alternatives to certain requirements in part 61 through the establishment of a new part 194, Special Federal Aviation Regulation No. 120— Powered-Lift: Pilot Certification and Training; Operations Requirements, to facilitate the training and certification of the initial cadre of powered-lift instructors and pilots. In addition to this alternate framework, the FAA adopts several pathways to certificate poweredlift pilots utilizing aircraft with a single flight control and single pilot station. The FAA is facilitating this through three options: (1) recognition of a single flight control that is accessible by both the student and flight instructor and allows for the instructor to immediately intervene if necessary; (2) expanded use of simulators to allow an applicant to train in a simulator and gain necessary experience solo in the aircraft; and (3) deviation authority for consideration of future advancements in technology that is not currently validated at this time. 1. Type Rating The FAA did not establish classes within the powered-lift category because each powered-lift can have different configurations, unique VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 inceptors, diversified flight controls, and distinctive operating characteristics. Further, the FAA lacks sufficient operational data to identify commonality to establish classes within the powered-lift category because powered-lift are still in the development phase. The FAA finds that reasons for not establishing class ratings persist, and the final rule adopts the proposal for all powered-lift pilot in commands (PICs) to hold a type rating. 2. Flight Instructors The FAA recognizes that, once the first powered-lift achieve type certification, there will be an insufficient number of qualified flight instructors to provide training to the pilots who will need to obtain certificates and ratings necessary to serve in powered-lift operations. For this reason, the FAA is allowing certain pilots employed by the manufacturer to obtain the necessary training and experience for powered-lift through the test flights and crew training activities necessary for aircraft certification. Once the manufacturer’s personnel obtain the necessary ratings, they would form the initial cadre of instructors who could conduct certification training in the manufacturer’s aircraft for certain instructor personnel at part 141 pilot schools, part 142 training centers, and part 135 operators. These instructors under parts 141, 142, and 135 would then develop the curricula for the initial powered-lift training at their respective organizations and conduct certification training at their respective certificate holders. The FAA finalizes this alternate framework for test pilots and instructor pilots to facilitate certification training as proposed. 3. Alternate Framework for Pilot Certification Even with sufficient qualified flight instructors, the existing airman certification rules for powered-lift present barriers for persons seeking to accomplish the training and experience necessary to obtain the certificates and ratings for commercial operations. In response to industry concerns, the FAA adopts alternate requirements for meeting PIC flight time and crosscountry flight time requirements in part 61 and expanding the opportunity for pilots to obtain powered-lift ratings at the commercial pilot certificate level through part 135 training programs. Most of the alternative requirements would be available only to pilots who already hold a commercial pilot certificate and an instrument rating for another category of aircraft. In addition, although no flight simulation training PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 devices (FSTDs) representing poweredlift are currently qualified, the FAA anticipates near-term qualification of such devices and proposed allowing increased flight training opportunities through simulation. This final rule adopts the alternate aeronautical experience and cross-country requirements, as proposed, with some minor alterations. In addition, as explained more fully in section V.F., this final rule reduces the PIC flight time in a powered-lift at the commercial pilot certificate level from 50 hours to 35 hours, of which 15 hours may still be in a Level C or higher full flight simulator (FFS). 4. Part 135 Qualifications The FAA adopts permanent changes to training and qualification requirements for pilots to align with the requirements for powered-lift with those established for pilots of airplanes and rotorcraft in part 135. The proposals included Airline Transport Pilot (ATP) certification and operating experience in the make and model of powered-lift for PICs in commuter operations, part 121 Advanced Qualification Program (AQP) training requirements for pilots who serve in commuter operations in certain powered-lift, and instrument ratings for all powered-lift pilots in part 135 operations. In addition to allowing a part 135 operator to develop and provide training for powered-lift pilot certification at the commercial pilot level, the FAA is permitting successful completion of part 135 pilot checks to be used to meet the practical test requirements for powered-lift ratings subject to certain conditions. Overall, the FAA finalizes the proposed requirements regarding integration of powered-lift pertaining to part 135 qualifications without substantial changes from what was proposed in the NPRM. In response to commenters, the FAA made certain editorial changes to add clarification and better enable powered-lift training and testing that would have otherwise created obstacles. 5. Dual Controls The FAA noted in its proposal that it was retaining the powered-lift category and proposed alternate aeronautical experience and logging requirements to allow certain groups of pilots to attain the necessary aeronautical experience. In accordance with flight training requirements under § 91.109 and the requirements for supervised operating experience (SOE) in § 61.64, the powered-lift would be required to have a dual set of controls to accomplish the E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 aeronautical experience required in an aircraft and SOE. After consideration of the comments received, the FAA is adopting several pathways to enable the use of a powered-lift without dual controls. The first pathway permits flight training in a powered-lift with a single set of flight controls accessible by both student and instructor (e.g., a throwover control). The second pathway allows all flight training to be conducted in an approved simulator, culminating in solo aeronautical experience in a poweredlift with a single set of flight controls subject to certain conditions and limitations set forth in a new appendix to part 194. This pathway allows an Original Equipment Manufacturer (OEM) to utilize a Level C or higher FFS to conduct the required flight training in accordance with part 61 and part 194. The pilot can gain the necessary experience through a series of demonstration flights and solo experience, complete a practical test in a Level C FFS, and then conduct abbreviated operating experience in the powered-lift to become fully qualified and fly in the NAS. Finally, the third pathway permits the FAA to issue deviation authority to facilitate flight training in a powered-lift with a single set of flight controls in the NAS based on future demonstrated and validated advancements in technology. The FAA makes conforming amendments in light of these alternate pathways to the supervised operating experience requirements and in part 135. Specifically, this final rule adopts certain alternate provisions to facilitate supervised operating experience in a powered-lift with a single set of controls and a single pilot seat. Additionally, this final rule revises current requirements for instructor training that is accomplished from either pilot station to provide a feasible pathway for approved part 135 training programs, pilots, instructors, and check airman operating only with one pilot station and/or set of flight controls. 6. Impacts to Rotorcraft Training at Part 142 Training Centers The FAA adopts permanent changes that, in addition to establishing requirements for powered-lift, would affect certain part 142 training in FSTDs for rotorcraft. These proposed changes would harmonize requirements for airplanes, powered-lift, and rotorcraft in part 142, specifically for pilot training in an FSTD that represents an aircraft requiring a type rating. This final rule applies the ATP aeronautical experience requirements to FSTD instructors in airplanes and helicopters requiring a VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 type rating, powered-lift weighing over 12,500 pounds, and turbojet powered powered-lift rather than all aircraft requiring a type rating. In some instances, these adopted changes provide additional flexibility to training and qualification for rotorcraft instructors consistent with allowances for airplane instructors and provide training and testing for rotorcraft instructors that is more specifically focused on rotorcraft, instead of airplanes. D. Operational Requirements To mitigate the safety gaps that exist due to the absence of operational regulations specifically applicable to powered-lift, the FAA proposed, through the SFAR, to apply specific airplane, rotorcraft, and helicopter rules contained in parts 43, 91, 97, 135, and 136 to powered-lift as appropriate. In the proposal, the FAA determined that applying the airplane rules in most instances was a safer, more conservative approach, especially given the lack of powered-lift operational data. Notwithstanding, in some instances, for example under part 136, the FAA determined that applying the helicopter or rotorcraft rules were appropriate and provided an equivalent level of safety. Specifically, the FAA initially proposed using the visual flight rules (VFR) fuel requirements specified for airplanes for both operations conducted under parts 91 and 135. After considering comments received, the FAA is adopting different requirements than proposed related to fuel reserves when conducting VFR operations. The SFAR now stipulates helicopter minimums for powered-lift capable of conducting a landing in the vertical-lift flight mode along the entire route of flight. Powered-lift that are not capable of conducting a landing in the verticallift flight mode along the entire route of flight must meet airplane minimums. In addition, the FAA initially proposed using the instrument flight rules (IFR) fuel requirements specified for airplanes for operations conducted under parts 91 and 135. The SFAR now permits the use of helicopter minimums stipulated for powered-lift that are authorized to conduct Copter Procedures and that have the performance capability, as provided in the Aircraft Flight Manual (AFM), to conduct a landing in the vertical-lift flight mode for the entire flight. Powered-lift that do not meet these criteria will be required to meet the airplane minimums. The FAA also proposed using the VFR visibility requirements prescribed for airplanes. The final rule states that PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 92299 helicopter minimums are applicable if the powered-lift is operated in the vertical-lift flight mode and is operated at a speed that allows the pilot adequate opportunity to see any other traffic or obstructions in time to avoid a collision. If either of those requirements are not met, then the airplane minimums apply. Finally, the FAA proposed using the general aircraft minimum safe altitudes for operations conducted under parts 91 and 135, rather than allowing poweredlift to utilize helicopter exclusions. The final rule provides that powered-lift operating in vertical-lift flight mode that have demonstrated a capability to autorotate or conduct an approved equivalent maneuver are allowed the same minimum safe altitudes as those afforded to helicopters. However, for part 135 operations, it is important to note that the minimum altitude cannot be lower than 300 feet above the surface. When a powered-lift is operating in the vertical-lift flight mode and is certificated to conduct an autorotation or an approved equivalent maneuver to a landing, then helicopter minimum safe altitudes or lowest altitude published in the AFM apply. Under part 136, the FAA proposed applying the operational requirements specific to helicopter operations within part 136 to powered-lift operations because the FAA anticipated poweredlift will hover and operate similarly to helicopters when conducting air tours, except when relying on wing-borne flight. In the final rule, as addressed in section VI.E. of this preamble, ‘‘Part 136 Rules for Powered-Lift,’’ the FAA applies some provisions in part 136 to powered-lift regardless of the flight mode in which the aircraft is operating because the FAA determined those provisions—such as requiring flotation equipment—should apply to poweredlift regardless of whether they are operating in the vertical-lift or wingborne flight mode. The FAA will allow powered-lift operators to use Copter Procedures as defined in part 97 if the aircraft has been type-certificated and equipped to utilize those procedures. That capability will be identified in the limitations section of the AFM along with any other specific limitations and procedures necessary for safe operation of the aircraft. The FAA has made a permanent change to the regulatory requirements for the Pilot Records Database contained in part 111 to include powered-lift as a qualifying aircraft to meet the threshold requirement of whether a person operating in furtherance of a business needs to report pilot records to the Pilot Records Database. E:\FR\FM\21NOR2.SGM 21NOR2 92300 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations For purposes of maintenance, preventive maintenance, rebuilding, and alteration, the FAA proposed to apply the current requirements under part 43, with only two modifications. First, the FAA proposed to apply the preventive maintenance requirements available to certificate holders operating rotorcraft under part 135 in remote areas to certificate holders similarly operating powered-lift. Second, the FAA proposed that in lieu of complying with § 43.15(b), each person performing an inspection required by part 91 on a powered-lift, must inspect ‘‘critical parts’’ (as defined under §§ 27.602 and 29.602) in accordance with the maintenance manual or Instruction for Continuous Airworthiness, or as otherwise approved by the Administrator. The FAA is adopting these requirements as proposed. The operational requirements and comments the FAA received are discussed in more detail in section VI.F. of this preamble. E. International Operation of PoweredLift lotter on DSK11XQN23PROD with RULES2 In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) to the maximum extent practicable. In this final rule, the FAA amends part 61 to require powered-lift pilots to have a type rating, which meets the standards outlined in ICAO Annex 1, Personnel Licensing. Under parts 91 and 135, the FAA requires U.S. operators to comply with ICAO Annex 2, Rules of the Air, when operating over the high seas or when operating within a foreign country.3 ICAO Annex 8, Airworthiness of Aircraft, is silent on powered-lift; however, the FAA designates 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 3 See 14 CFR 91.703. To note, § 91.703(a)(2) requires each person operating a civil aircraft of U.S. registry outside the U.S. when within a foreign country to comply with the regulations relating to the flight and maneuver of aircraft there in force and, with narrow exceptions, comply with 14 CFR part 91 so far as it is not inconsistent with the applicable regulations of the foreign country where the aircraft is operating or Annex 2. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 with the standards outlined in Annex 2 would be eligible to operate over the high seas. The requirements for the international operation of powered-lift and comments the FAA received are discussed in more detail in section VIII.B. of this preamble. F. Summary of the Costs and Benefits Operations with powered-lift are anticipated to offer benefits over traditional airplanes and rotorcraft. A report published by the U.S. Government Accountability Office (GAO) stated that many of these newer kinds of aircraft could be easier to design, simpler to construct, less complicated to maneuver, quieter to fly, and more economical to operate compared to traditional aircraft.4 Many use cases for these aircraft are envisioned, and this rulemaking is a step toward those use cases coming to realization. Several problems exist absent this rulemaking. The first is that only operating rules applicable to poweredlift are those specific to ‘‘aircraft,’’ which introduces a substantial safety gap in part 91 and part 135 operations. This safety gap does not exist for parts 91 and 135 operations conducted with airplanes, helicopters, and rotorcraft because decades of FAA rulemaking has resulted in a continuum of rules establishing minimum safety standards for operations conducted with these aircraft. A similar suite of categoryspecific rules simply does not exist for powered-lift because these are new and novel aircraft that have yet to be typecertificated for operations in the NAS. Consequently, powered-lift would not be required to operate at the level of safety required of operations conducted with airplanes, helicopters, or rotorcraft. The second problem is challenges presented by the existing airmen certification regulations. Unlike the extensive infrastructure in place for the training and certification of airplane and rotorcraft pilots and instructors, the resources to scale powered-lift training and certification of pilots and instructors is scant due to the lack of powered-lift flight instructors and FAAcertificated aircraft available for airman training and testing (and operations). Without this rulemaking, civilian pilots will be unable to obtain powered-lift ratings necessary for industry to scale operations intended for these new and novel aircraft. The third problem absent this SFAR are the requirements for acting as PIC of 4 Transforming Aviation: Stakeholders Identified Issues to Address for ‘Advanced Air Mobility’ | U.S. GAO, www.gao.gov/assets/gao-22-105020.pdf. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 a powered-lift operation. Should typecertificated powered-lift become available before this rule is finalized, individuals holding an airman certificate with a powered-lift category rating would be permitted to act as PIC of powered-lift operations. Taking into consideration the variation in operating characteristics for each powered-lift coming to the civilian market, a powered-lift category rating would not adequately prepare an individual to act as PIC of a powered-lift operation. While operators choosing to conduct operations with powered-lift will incur costs to comply with regulations in this SFAR, these costs are on a scale equivalent to those incurred by operators choosing to conduct operations with airplanes or rotorcraft under similar regulations. Likewise, costs imposed on individuals that choose to accomplish the training and testing required to hold an airman certificate with a type rating in the powered-lift category are on a scale equivalent to those incurred by individuals accomplishing training and testing to hold an airman certificate with a type rating in the airplane or rotorcraft category. In other words, the costs imposed on operators and individuals that choose to comply with regulations finalized by this rule will be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. Additionally, the FAA has provided some performance-based options in certain rules that could reduce the burden on industry as compared to the comparable prescriptive requirements of the proposed rule. The provisions in this SFAR can generally be grouped by those rules affecting airman certification and those rules enabling powered-lift to conduct operations under parts 91, 97, 135, and 136. For certification of airmen with a type rating in powered-lift, the FAA allows alternative aeronautical experience and logging requirements. For the operational rules, the FAA applies specific airplane, rotorcraft, or helicopter rules to powered-lift, as appropriate. The FAA has considered each finalized regulation in the SFAR to determine its economic impact. An overview of this analysis is included in the Regulatory Evaluation portion of this preamble. A regulatory impact analysis has also been prepared for the finalized SFAR and can be found in the docket for this rule. The following table presents a summary of the primary estimate for which data was available to monetize E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations minimum fuel reserve requirement, and costs for the provision of dual-control aircraft and full flight simulators for training. For the primary estimate, over a 10-year period of analysis, this rule would result in present value costs of about $914.2 million at a two percent the costs of this rule, as well as estimates for a pessimistic and optimistic scenario. The monetized costs include incremental costs for individuals to hold an airman’s certificate with a type rating for the powered-lift flown, costs for the 92301 discount rate with annualized costs of about $101.8 million.5 Additional details are provided in the Regulatory Evaluation section of this SFAR and in the regulatory impact analysis available in the docket for this rulemaking. TABLE 1—MONETIZED COSTS OF SFAR [Millions $] 10-Year present value Forecast scenario Base—Primary Estimate .......................................................................................................................................... Pessimistic ............................................................................................................................................................... Optimistic ................................................................................................................................................................. $101.8 96.4 107.6 This final rule enables powered-lift operations for a limited duration and provides the FAA an opportunity to assess the operations and establish a comprehensive regulatory scheme. This final rule adopts both limited permanent changes and a time-limited SFAR to facilitate powered-lift operations. The SFAR permits the FAA to gather data—via established approved information collections, regulatory requirements, and informal anecdotal information and observations—and better understand what a comprehensive permanent regulatory framework should look like. Further, the FAA notes that section 955(c) of the FAA Reauthorization Act of 2024 (Pub. L. 118–63) mandates that the FAA establish an aviation rulemaking committee (ARC) no later than three years after the FAA issues the first commercial operating certificate to a powered-lift, to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the performance-based certification of powered-lift aircraft; the certification of airmen capable of serving as pilot-in-command of a powered-lift; and operation of poweredlift in commercial service and air transportation. Section 955(d) requires the FAA to initiate a rulemaking no later than 270 days after the ARC submits its report. Not only does this language impose a timeline for establishing the ARC and subsequent rulemaking, it acknowledges that an ARC will first need real-world operational data from commercial powered-lift operations before it can provide informed recommendations for a permanent rulemaking. Because the SFAR will affect several parts of 14 CFR, the FAA has determined that the most clear and comprehensive regulatory approach is through the creation of a new part to wholly contain the SFAR. Specifically, the FAA is adding a new part 194, titled ‘‘Special Federal Aviation Regulation No. 120—Powered-Lift: Pilot Certification and Training; Operations Requirements,’’ to 14 CFR under new subchapter L, titled ‘‘Other Special Federal Aviation Regulations.’’ New part 194 utilizes the traditional regulatory structure to supplement existing rules, creates temporary alternatives for airman certification, removes operational barriers, and mitigates safety risks for powered-lift. As a result, requisite applicability revisions are made to parts 43, 60, 61, 91, 97, 111, 135, 136, 141, and 142 to clearly communicate that current regulations are intended to operate in tandem with part 194, as subsequently discussed in this preamble. This SFAR will remain in effect for ten years after this final rule becomes effective. In selecting ten years as the appropriate duration for this SFAR, the FAA considered a number of factors including the time it will take to initiate operations after this final rule becomes effective and the type certification status of the powered-lift that are commercially viable. As discussed in section I.G. of this preamble (‘‘SFAR Framework and Duration’’), the FAA has determined that a ten-year period is an appropriate length of time to collect operational data from powered-lift operations. This data will inform a subsequent rulemaking to implement permanent amendments. 5 Monetized costs for the rule stem from the cadence of aircraft deliveries. In the optimistic scenario, aircraft deliveries are forecast to begin in year 1 and continue through year 10. Aircraft deliveries for the base scenario are forecast to occur during years 2–10, and in the pessimistic scenario during years 3–10. As a result, costs for the optimistic scenario accumulate over a period of 10 years versus the base and pessimistic scenarios, over which costs accumulate for a period of 9 years and 8 years, respectively. G. SFAR Framework and Duration lotter on DSK11XQN23PROD with RULES2 $914.2 865.5 966.1 Annualized VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 II. Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the FAA’s authority. The FAA is issuing this final rule under the authority described in Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and Subpart iii, Section 44701, General Requirements; Section 44702, Issuance of Certificates; Section 44703, Airman Certificates; Section 44704, Type Certificates, Production Certificates, Airworthiness Certificates, and Design and Production Organization Certificates; Section 44705, Air Carrier Operating Certificates; and Section 44707, Examination and Rating Air Agencies. Under these sections, the FAA prescribes regulations and minimum standards for practices, methods, and procedures necessary for safety in air commerce, including the authority to examine and rate civil schools and prescribe regulations to ensure the competency of instructors. The FAA is also authorized under these sections to issue certificates, including airman certificates, type certificates, and air carrier operating certificates, in the interest of safety. This rulemaking is also issued under the authority described in Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator Transmitters; Section 44713, Inspection and Maintenance; Section 44715, Noise and Sonic Boom; Section 44716, Collision E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92302 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Avoidance Systems; and Section 44722, Winter conditions. These sections direct the Administrator to prescribe regulations to govern the use of emergency locator transmitters and collision avoidance systems, the standards for inspecting and performing maintenance on aircraft, and regulations to control aircraft noise and safety risks related to winter conditions, respectively. Section 955 of the FAA Reauthorization Act of 2024 (Pub. L. 118–63) requires that, within seven months of the date of enactment of the Act, the FAA publish a final rule finalizing the notice of proposed rulemaking entitled ‘‘Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes.’’ Section 955 requires that, with respect to any powered-lift aircraft type certificated by the FAA, the regulations must provide a practical pathway for pilot qualification and operations; establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft; provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift; and to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Chicago Convention. Additionally, as required by section 955(a)(3)(B), the FAA must ensure coordination with the Department of Defense (DoD). In this rule, the FAA provides practical pathways for pilots to qualify to operate powered-lift, establishing pathways for pilots with military experience, airline transport pilot and commercial experience, and flight instruction experience to gain experience in the operation of these aircraft, providing them with sufficient foundations to safely conduct passenger-carrying operations. These multiple pathways will give pilots of diverse backgrounds and prior experience opportunities to enter this emerging aviation sector. For further information on pilot pathways see section V. of this preamble. Also, in recognition of the comments received, the FAA has revised requirements related to fuel and energy reserves to provide greater flexibility for operations conducted under certain parameters. Specifically, the SFAR outlines performance-based requirements that allow powered-lift operators to use certain helicopter operating rules as long as the operator VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 complies with the appropriate risk mitigations that are detailed in the rule. For example, an operator may use the helicopter fuel requirements under § 91.151 if the powered-lift is continuously capable of conducting a landing in the vertical-lift flight mode along the entire route of flight. For further information, see section VI. of this preamble. Further, based on comments received to the NPRM, the FAA has significantly expanded the ability of manufacturers and operators to use flight simulation training devices in the training and qualification of pilots, recognizing the significant advancements in flight simulation technology and pilot training. This includes providing an opportunity for a pilot applicant to credit certain experience in a simulator in addition to outlining a pathway for pilot certification greatly expanding the use of simulation when a powered-lift has a single functioning flight control. For further information on these provisions, see sections IV. and V. of this preamble. The FAA has considered the provisions of section 2.1.1.4 of Annex 1 to the Chicago Convention and ensured that the requirements in this rule related to pilot certification and operations are responsive to the intent of that section of the Annex. The FAA carefully considered implementation of section 2.1.1.4 and found it impracticable to disrupt the FAA’s traditional airman certification framework by the addition of a type rating within a wholly different aircraft category to an existing certificate with a different category rating. However, through this SFAR, the FAA chose to facilitate alternative measures for a pilot to directly receive a powered-lift category rating and a powered-lift type rating. Similar to the conditions set forth in ICAO’s transitional recommendation, these alternative measures to receive a powered-lift category and type rating would be completed during training provided under an approved or proposed training curriculum and would take previous experience of an applicant in an airplane or helicopter into account. Considering the flexibilities extended in the final rule, FAA believes it has aligned with section 2.1.1.4 to the maximum extent practicable while maintaining safety and consistency with its existing regulatory structure. For further discussion, see section V.A. of this preamble. Based on the foregoing authorities, the FAA makes amendments to clarify the rule and corrects inadvertent errors contained in the NPRM. These are PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 explained in more detail throughout this final rule. Amendments correcting for clarity, correctness, and grammar are not substantive in nature and are a logical outgrowth of the NPRM. The FAA also makes minor technical amendments to its regulations that are discussed throughout this preamble. The FAA finds that notice and comment is unnecessary for these technical changes.6 Additionally, in this final rule, the FAA revised certain sections of the proposed rule to account for FAA Test Pilots and Aviation Safety Inspectors (ASIs). Providing notice and seeking comment on these changes is not required as they are rules of agency organization, practice, or procedure under 5 U.S.C. 553(b)(A). Finally, in accordance with § 955(a)(3)(B), the FAA has consulted with the DoD on a host of issues regarding powered-lift, including the United States Air Force Agility Prime program; powered-lift that are used for military purposes; and commonalities, differences, and handling qualities of various types of powered-lift. In addition to direct consultation, the FAA notes that because this final rule was designated significant under Executive Order 12866, it was coordinated with the DoD as well as other agencies during interagency coordination.7 This coordination serves as another opportunity for the FAA to consult with the DoD on this rule. 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. 6 Further, technical amendments are ‘‘a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.’’ See Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012) | (quotation marks and citation omitted); See also United States v. Mullins, 2012 WL 3777067, at *4 (D. Vt. Aug. 29, 2012) (explaining that public comment is unnecessary if minor or merely technical amendments in which the public is not particularly interested were involved). 7 Section 3(f) of Executive Order 12866, issued on Sept. 30, 1993 (58 FR 51735). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 Currently, the FAA has several powered-lift in the type certification process. The powered-lift coming to the civilian market have varied greatly in design, flight, and handling characteristics with varying degrees of automation. While none of the powered-lift for which type certification is being sought have yet been approved for civilian use, the powered-lift industry has identified many potential uses for these aircraft. The FAA anticipates the introduction of aircraft that vary in size and passenger seating configuration and employ both new and traditional kinds of propulsion systems into the civilian market. Manufacturers and initial operators of powered-lift indicate operations with powered-lift could offer many benefits over rotorcraft. For example, some powered-lift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than rotorcraft. Such capability may increase efficiency in transporting crew and material to remote locations such as offshore oil rigs and add diversity when considering landing points that are currently available to helicopters and not airplanes. Certificate holders seeking to take advantage of these capabilities may also seek to use powered-lift for transporting passengers from point-to-point; for example, such transportation could occur from a heliport and proceed at airplane airspeeds and ranges. Other opportunities may also exist in concentrated urban environments, where short point-to-point distances coupled with VTOL capability may allow for more efficient transportation of passengers than existing ground transportation methods. B. Summary of the NPRM In the NPRM, the FAA proposed permanent changes to the Code of Federal Regulations and a temporary SFAR to facilitate the safe integration of powered-lift operations into the NAS. Under this comprehensive approach, the FAA proposed to incorporate changes to pilot certification rules, operating rules, air agency rules, as well as other conforming proposals to maintenance requirements, pilot records database requirements, and FSTD qualification requirements. This section provides a broad summary of the NPRM. Although the FAA did not propose any new type certification requirements or noise standards applicable to powered-lift, the FAA clarified that it would follow its existing aircraft certification process under § 21.17(b) to type certificate powered-lift. The FAA proposed a new process for an OEM to VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 attain qualification of an FSTD in accordance with part 60. Because the existing deviation authority in part 60 cannot be used to qualify an FSTD that represents a category of aircraft for which there is no standard under part 60, the FAA proposed to mirror the aircraft certification process under § 21.17(b) to similarly allow an applicant seeking to qualify a poweredlift FSTD to use a combination of requirements in appendices A through D to part 60 to form a basis to qualify an FSTD under that part. Part 61 sets forth the aeronautical experience requirements to attain a pilot certificate, as well as a flight instructor certificate, with powered-lift ratings. The FAA noted in the NPRM that the broader powered-lift category requirement, without an established class rating or type rating, would not adequately prepare a pilot to fly the specific powered-lift moving through FAA aircraft certification, thus potentially creating a safety gap. To address this concern, the FAA proposed to require pilots in command hold a type rating for the powered-lift they seek to fly. Most significantly, the FAA proposed alternate aeronautical experience and logging requirements from the existing powered-lift requirements in part 61. These alternate requirements would be applicable to certain pilot groups that the FAA deemed have the most relevant experience to establish a base of powered-lift pilots and instructors. As proposed, the experience and logging provisions would create an alternative pathway to powered-lift certification for (1) OEM instructor pilots and test pilots; (2) initial cadres of flight instructors from certificate holders under parts 135, 141, and 142 receiving training at an OEM; and (3) pilots receiving training from the initial cadres of flight instructors under approved training programs under part 135, 141, or 142. Alternate aeronautical experience proposed by the FAA focused on giving allowances for flight training, including allowing the logging of PIC time when an applicant is the sole manipulator of the flight controls, and reduced distances to meet cross-country aeronautical experience. This experience, combined with meeting the alternate experience and logging provisions set forth in the FAA’s proposed SFAR, would result in pilots attaining the required experience necessary to hold a commercial pilot certificate. The FAA sought comment on existing requirements that dictate an aircraft used for flight instruction must have dual controls. The FAA outlined PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 92303 expectations regarding these rules as they are currently applicable to all aircraft (except manned free balloons) and, therefore, are applicable to powered-lift. The FAA also discussed how the dual control requirement would affect a pilot’s ability to act as PIC when the PIC has no access to flight controls (i.e., supervised operating experience). The FAA acknowledged that manufacturers were in the midst of developing single flight control powered-lift and sought comment from the public on facilitating flight training and supervised operating experience in those aircraft. In addition to the proposed revisions to part 61 and the temporary alternatives proposed in part 194, the FAA proposed changes to part 135, which does not currently stipulate which training requirements and experience requirements are applicable to powered-lift.8 Additionally, to further facilitate the certification of powered-lift pilots for the expected commercial operations, the NPRM proposed to allow part 135 operators to conduct training for their pilots seeking to obtain powered-lift category and type ratings for a commercial pilot certificate.9 The FAA also incorporated permanent and temporary amendments to pilot experience requirements, curriculum content, and part 135 instructor requirements to address the absence of powered-lift specific regulations in part 135. Finally, the NPRM proposed changes to parts 141 and 142 to facilitate the training of powered-lift pilots in accordance with those parts as well as the amendments set forth in the SFAR. The FAA proposed in the SFAR which operating rules apply to powered-lift on a temporary basis under parts 91 (‘‘General Operating and Flight Rules’’), 135 (‘‘Operating Requirements: Commuter and On Demand Operations’’), and 136 (‘‘Commercial Air Tours’’). The FAA noted that this would enable the FAA to gather additional information and determine the most appropriate permanent rulemaking path for these aircraft. The FAA proposed the requirements that should be applicable to powered-lift based on its phase of operation, current requirements for 8 The FAA recently published a final rule amending the regulatory definitions of certain air carrier and commercial operations to enable powered-lift operations under part 135. See 88 FR 48072 (July 26, 2023). 9 After an initial cadre of instructors have completed training at the OEM, the FAA proposed that operators use their instructors to train and test additional pilots according to their approved part 135 training program. E:\FR\FM\21NOR2.SGM 21NOR2 92304 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 airplanes and helicopters, and safety intent of the current rule. Under parts 91 and 135, generally the FAA proposed applying the operating rules pertaining to airplanes; however, in some instances, the FAA proposed applying certain helicopter rules based on whether a powered-lift is anticipated to operate similar to a helicopter and subject to some performance-based standards. The FAA proposed exceptions, however, to account for the different modes of flight and applicable operational requirements. Under part 91, the FAA proposed applying helicopter rules during some instances of vertical flight. Under part 135, the FAA proposed applying helicopter rules related to overwater equipment and briefing, specified IFR and VFR requirements, operations in icing conditions, airport requirements, and operations in remote areas. The FAA proposed to permanently amend part 111 (‘‘Pilot Records Database’’) to apply to operators and pilots of large powered-lift. Pilots of large powered-lift may go on to work for an air carrier in the future. Reporting these pilot records would be relevant to a future hiring air carrier. The FAA determined that part 43 (‘‘Maintenance, Preventive Maintenance, Rebuilding, and Alteration’’) was applicable to poweredlift but proposed other amendments to clarify preventative maintenance requirements considering that poweredlift can operate outside of the airport environment. Part 97 (‘‘Standard Instrument Procedures’’) outlines the current requirements for standard instrument approach procedures, obstacle departure procedures, and weather minimums for IFR takeoffs and landings at U.S. civil airports. Copter procedures are also outlined in this part. The FAA proposed that, as with airplanes and helicopters, powered-lift could also utilize these standard procedures during IFR operations if the powered-lift was capable in accordance with its type certification. C. General Overview of Comments The FAA received 81 comments in response to the NPRM from a variety of commenters, including aircraft manufacturers and operators, aviation training companies, other aviation companies, trade associations, civil aviation authorities, and individuals. Powered-lift manufacturers and operators commenting on the NPRM included: AIR VEV; Archer Aviation (Archer); Augusta-Westland Philadelphia Corporation (AWPC), a subsidiary of Leonardo Helicopters ; VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 BETA Technologies, Inc. (BETA); Bristow Group Inc. (Bristow); a joint comment from Eve Air Mobility and Embraer S.A. (Eve); Joby Aviation (Joby); Lilium GmbH (Lilium); Supernal LLC (Supernal); Vertical Aerospace Group LTD (Vertical Aerospace Group); Wisk Aero (Wisk); and XTI Aircraft Company (XTI). Other aviation companies commenting on the NPRM included: Airbus Helicopters, Alakai Technologies Corporation, ASR-Pioneer, CAE, Electra.aero, Ferrovial Vertiports, L3Harris Commercial Aviation Solutions—Advanced Air Mobility (L3Harris), Sabrewing Aircraft Company (SACO), and UPS Flight Forward (UPS FF). Trade association commenters included: Advanced Air Mobility Institute, Air Line Pilots Association International (ALPA), Aircraft Owners and Pilots Association (AOPA), Airlines for America (A4A), Association for Uncrewed Vehicle Systems International (AUVSI), FlightSafety International Inc., General Aviation Manufacturers Association (GAMA), Helicopter Association International (HAI),10 National Air Transportation Association (NATA), National Business Aviation Association (NBAA), and Vertical Flight Society (VFS). SAE International, a consensus standardssetting organization, commented on the NPRM. Civil aviation authorities, governmental agencies, and industry associations located outside the United States commenting on the NPRM included: ADS Group (ADS); European Aerospace, Security and Defence Industries (ASD); the European Union Aviation Safety Agency (EASA); and the National Civil Aviation Agency of Brazil (ANAC). While the FAA received only 81 comments, each comment detailed a wide array of discrete issues and recommendations. Some commenters provided general, high-level comments on the NPRM. Archer applauded the FAA’s progress in its proposed powered-lift regulations, while Bristow said the proposed rules are a good start and will have a positive impact. An individual supported the proposed regulatory framework, which they said would enhance safety, efficiency, and innovation. Electra.aero stated the FAA should be proactive in powered-lift standards development to ‘‘help[] preclude unrealistic expectations of commercial market introduction of these technologies.’’ 10 The FAA notes that on February 26, 2024, the commenter announced the renaming of Helicopter Association International (HAI) to Vertical Aviation International (VAI). PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 Overall, the majority of commenters expressed general support for the FAA’s approach to integrating powered-lift into the NAS through expeditious rulemaking. However, they also recommended a number of revisions to the FAA’s proposal that they believed would provide greater ability to quickly and safely integrate powered-lift into the NAS. The following provides a highlevel overview of key issues raised by commenters. Detailed discussions of comments received and FAA responses are found throughout this preamble. Alignment With ICAO Requirements for Powered-Lift Airman Certification Category The FAA received numerous comments on the proposal to retain the category requirement for powered-lift pilots. Commenters requested the FAA align its requirements with ICAO Annex 1 recommendations by requiring only a powered-lift type rating on an existing commercial pilot certificate with an airplane category or helicopter class rating (i.e., no powered-lift category rating). Aircraft Dual Controls Requirement The FAA received many comments in response to the request for information on the existing requirement for dual controls to be installed on training aircraft and those used for supervised operating experience (SOE). Commenters requested: (1) no requirement for dual controls regardless of how the powered-lift will be used; (2) 100 percent simulator training, which would relieve any requirement for dual controls/aircraft training; and (3) nontraditional methods to accomplish SOE. However, EASA’s comment supported a requirement for dual controls/access as currently required by §§ 61.195 and 91.109. Other Pilot Certification Comments of Note Commenters broadly suggested aligning pilot certification requirements for powered-lift with those of helicopters. Amount of FSTD Time Allowed for a Powered-Lift Rating Commenters requested the use of a flight training device (FTD) instead of an FFS and requested to utilize the FTD to perform all 50 hours of PIC flight time required for a powered-lift category rating at the commercial pilot level. Several commenters expressed the need for FSTDs that are not Level C or higher FFS, stating the need for more avenues by which an equivalent level of training may be accomplished. Commenters E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations flexibility to land in more varied locations. noted additional burdens of both time and resources to meet the proposed FSTD requirements. Other comments suggested using preexisting deviation authority mechanisms to achieve an equivalent level of safety. VFR and IFR Fuel Requirements The FAA received comments on parts 91 and 135 VFR and IFR fuel requirements. Commenters requested different variations of two comment themes: (1) performance-based fuel reserves, and (2) use of fuel requirements specified for helicopters. Several commenters noted that powered-lift incorporating innovative power sources could offer greater operational capability if they were able to use energy reserves lower than those currently prescribed for airplanes or helicopters. They asserted that by enforcing the requirements proposed in the NPRM, the FAA would limit the capability and scope of operations. Other commenters suggested applying helicopter fuel requirements to powered-lift, asserting that powered-lift, like helicopters, have the maneuverability and operational Visibility Requirements The FAA received comments on visibility requirements. Commenters requested to utilize the helicopter provisions existing in the regulations, as well as the adoption of a performancebased approach. Several commenters suggested applying helicopter weather minima rather than the airplane requirements. Several commenters also noted that technological advancements could enable powered-lift to safely operate in visibilities lower than currently prescribed for airplanes or helicopters. Furthermore, several commenters contended that since powered-lift could operate at speeds and maneuverability comparable to helicopters, they should be permitted to use the visibility requirements prescribed for helicopters or a performance-based visibility requirement. Minimum Safe Altitudes for Operations Conducted Under Parts 91 and 135 The FAA received comments on parts 91 and 135 minimum safe altitudes. 92305 Commenters requested: (1) the use of VFR minimum altitudes specified for helicopters (one variation proposed), and (2) performance-based minimum safe altitudes. Commenters suggested the FAA consider the operational capabilities of powered-lift, which are able to operate at low speeds and have the maneuverability similar to helicopters, and therefore apply the VFR minimum altitudes prescribed for helicopters. Commenters also suggested the FAA permit a performance-based approach when applying VFR minimum altitude requirements to powered-lift. SFAR Duration (10 Years) Commenters supported the temporary adaptability of the SFAR but stated that an approach with 2 to 3-year reviews within the 10-year period would ensure dynamic rather than static regulations. D. Differences Between the NPRM and the Final Rule The following table summarizes key changes from the NPRM made in this final rule. TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM Proposed action in the NPRM Adopted by this Final Rule Regulatory citation (14 CFR) The NPRM did not propose to revise the definition of autorotation. The NPRM proposed to revise § 61.64(a)(1) to specify the ratings that must be sought when using an FSTD representing an aircraft requiring a type rating. The NPRM proposed revising § 91.113 as a temporary change under part 194 and grouped powered-lift in the same right-ofway category with airplanes and rotorcraft. The NPRM proposed amending the note in § 135.100 to replace the word ‘‘airplane’’ with ‘‘aircraft’’. This final rule adds powered-lift to the definition of autorotation. This final rule does not adopt the proposed revision. § 1.1 .............................................. XIV.D. § 61.64(a)(1) ................................. V.I.5. lotter on DSK11XQN23PROD with RULES2 The NPRM did not address § 135.165, which contains an incorrect cross-reference to part 119. The NPRM did not propose revisions to § 135.339. The NPRM did not propose revisions to § 135.340. The NPRM did not propose changing § 136.75(a) to reference ‘‘single-engine’’ rotorcraft. VerDate Sep<11>2014 18:53 Nov 20, 2024 Additional discussion in section of preamble The final rule adopts the pro§ 91.113(d)(2)–(4) ......................... posed § 91.113 temporary change as a permanent change. VI.B.1. The regulation now clarifies the definition of taxi to include VTOL aircraft and specifies the airspeed and height above ground level. The final rule corrects the crossreference in § 135.165(d) to reference part 110 rather than part 119. This final rule revises certain training regulations for check airmen to account for flight training in powered-lift with a single set of controls. This final rule revises certain training regulations for instructors to account for flight training in powered-lift with a single set of controls. The final rule corrects § 136.75(a) by adding ‘‘single-engine’’ before ‘‘rotorcraft’’ as a permanent change. § 135.100(d) .................................. VI.D.2. § 135.165(d) .................................. VI.D.3. § 135.339(e)(3) and (4) ................. V.J.11. § 135.340(e)(3) and (4) ................. V.G.1.iv. & V.J.11. § 136.75(a) .................................... VI.E.5.ii. Jkt 265001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92306 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued Proposed action in the NPRM The NPRM did not propose revisions to § 141.37. The NPRM proposed to replace ‘‘airplane’’ requiring a type rating with ‘‘aircraft’’ requiring a type rating, thereby including all powered-lift, in regard to certain instructor qualifications under part 142. The NPRM did not propose any changes to the minimum aeronautical experience requirements in § 142.47(a)(5). The NPRM did not include FAA test pilots or ASIs in the population of pilots able to utilize the alternate requirements set forth by part 194. The NPRM did not account for persons receiving flight training in powered-lift type certificated for more than one pilot. The NPRM did not propose any relief to § 61.129(e)(2)(i), which requires 50 hours of PIC time in a powered-lift. The NPRM proposed to only permit pilots at approved training programs to credit a maximum of 15 hours in an FSTD toward the PIC flight time requirement of § 61.129(e)(2)(i). The NPRM proposed to permit certain pilots to log up to 40 hours of PIC flight time as sole manipulator of the controls when the person is not rated. The NPRM proposed to mirror a part 141 section prescribing certain ratings that may be held on a ground instructor certificate. lotter on DSK11XQN23PROD with RULES2 The NPRM did not contemplate retraining requirements for unsatisfactory performance on part 135 checks in lieu of a practical test. The NPRM referenced the Aircraft Flight Manual as determining when two pilots are required. VerDate Sep<11>2014 18:53 Nov 20, 2024 Adopted by this Final Rule Regulatory citation (14 CFR) This final rule corrects the ratings that may be held on a ground instructor certificate. This final rule applies the ATP aeronautical experience requirements to FSTD instructors in airplanes and helicopters requiring a type rating, poweredlift over 12,500 pounds, and turbojet powered powered-lift rather than all aircraft requiring a type rating. This final rule adds a qualification option of holding a commercial pilot certificate with the appropriate ratings or an unrestricted ATP with the appropriate ratings rather than meeting certain aeronautical experience requirements. This final rule adds FAA test pilots and ASIs to the alternate requirements for test pilots, accounts for both groups of pilots as it pertains to instructor pilots, and adds definitions for both groups of pilots. This final rule excepts applicants receiving flight training from § 61.55(a)(1), (a)(2), and (b)(2) in order to serve as Second in Command (SIC) in a poweredlift type certificated for more than one required pilot flight crewmember. This final rule reduces the amount of required PIC time in a powered-lift to 35 hours for pilots under the SFAR. This final rule permits any applicant under the SFAR to credit a maximum of 15 hours towards the 35-hour PIC flight time requirement of § 194.216(a). § 141.37(a)(3)(ii) ........................... V.F.2.ii., V.G.2., & V.I.5. § 142.47(a)(5) ............................... V.F.2.ii. § 142.47(a)(5)(ii) and (ii) ............... V.G.3. §§ 194.103, 194.203(a)(3), 194.213(a)(1)(iii), 194.217, 194.219(b)(1)(i), 194.219(b)(3)(iii), 194.225, 194.227(b)(1)(i). V.F.2.i.d., V.F.2.ii., V.F.7., V.D.3.ii., V.F.2.i.a.–d., V.F.7., V.F.3.i.a.–c., & V.F.3.i. § 194.209(c) .................................. V.C. § 194.216(a) .................................. V.F.2., V.F.2.iii.a., & V.G.3. § 194.216(b) .................................. V.F.2. & V.F.2.iii.b. This final rule reduces the number of hours that may be logged from 40 hours to 25 hours to account for the reduction in required PIC flight time in a powered-lift (see § 194.216(a)). This final rule corrects the ratings that may be held on a ground instructor certificate, mirroring the correction to § 141.37(a)(3)(ii). This final rule adopts training and endorsement requirements mirroring § 61.49 for certain unsatisfactory part 135 checks under the SFAR. This final rule corrects the reference to the type certificate as dictating when two pilots are required. §§ 194.221(c), 194.223(c) ............. V.F.2.ii.b. § 194.241(b) .................................. V.I.5. § 194.243(b)(4) ............................. V.G.1.v. § 194.247(b) .................................. V.J.3. Jkt 265001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM Additional discussion in section of preamble 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92307 TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued Proposed action in the NPRM Adopted by this Final Rule Regulatory citation (14 CFR) The NPRM proposed to require a certificate holder conducting commuter operations with powered-lift in which two pilots are required to comply with subpart Y to part 121. The NPRM did not propose any relief to the requirement that a powered-lift must have dual controls for flight training. The NPRM proposed not allowing powered-lift to use the helicopter/rotorcraft criteria stipulated in the following part 91 sections: § 91.119 (minimum safe altitudes), § 91.151 (VFR fuel requirements), §§ 91.155 and 91.157 (VFR weather minimums), § 91.167 (IFR fuel requirements), § 91.169 (IFR flight plan), and § 91.175 (IFR takeoff and landing). This final rule specifies §§ 121.903(c) and 121.921(a) in subpart Y will apply to powered-lift, notwithstanding use of the term ‘‘airplane’’ in the regulations. This final rule adopts three options for flight training in powered-lift with a single set of controls. The final rule allows some powered-lift to use the helicopter/ rotorcraft provisions as long as they meet the performancebased criteria outlined in part 194. § 194.247(b)(1) ............................. V.J.3. § 194.253, Appendix A to part 194 V.D.3.ii. & V.D.3.iii. • § 194.302(d) (pertaining to § 91.119). VI.B.1., VI.B.2., VI.B.4., & VI.B.5. The NPRM proposed not allowing powered-lift to use the helicopter/rotorcraft criteria stipulated in the following part 135 sections: § 135.93 (Autopilot minimum altitudes), 135.203 (VFR minimum altitudes), 135.205 (VFR visibility requirements), 135.209 (VFR fuel supply), 135.221 (IFR alternate airport weather minimums), 135.223 (IFR alternate airport requirements), 135.609 (VFR visibility requirements for Class G airspace), 135.613 (approach/ departure IFR transitions), and 135.615 (VFR flight planning). The final rule allows some powered-lift to use the helicopter/ rotorcraft provisions as long as they meet the performancebased criteria outlined in part 194. lotter on DSK11XQN23PROD with RULES2 • § 194.306(ss) (pertaining to § 135.209). • § 194.302(l) (pertaining to § 91.151). • § 194.302(m) and (n) (pertaining to § 91.155). • § 194.302(p) (pertaining to § 91.157). • § 194.302(q) (pertaining to § 91.167). • § 194.302(r) (pertaining to § 91.169). • § 194.302(s) (pertaining to § 91.175). • § 194.306(c) (pertaining to § 135.93). Additional discussion in section of preamble VI.D.2., VI.D.4., & VI.D.8. • § 194.306(nn) (pertaining to § 135.203). • § 194.306(pp) (pertaining to 135.205). . • § 194.306(tt) (pertaining to § 135.221). • § 194.306(uu) (pertaining to § 135.223). • § 194.306(qqq) (pertaining to § 135.609). • § 194.306(sss) and (ttt) (pertaining to § 135.613). • § 194.306(uuu) (pertaining to § 135.615). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92308 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 2—SUMMARY OF KEY CHANGES FROM NPRM—Continued Proposed action in the NPRM Adopted by this Final Rule Regulatory citation (14 CFR) The NPRM proposed applying the requirements of § 135.158 (pitot heat indication systems) to powered-lift. The NPRM did not address powered-lift that experience a ‘‘critical change of thrust.’’ The final rule applies § 135.158 to powered-lift but allows the indication light to be other than an amber light. The final rule revises some language in part 194, pertaining to parts 135 and 136, to reference powered-lift that experience a ‘‘critical change of thrust’’ and adopts a definition for this term. § 194.306(t) ................................... VI.D.3. • § 194.306(z) (pertaining to § 135.168). VI.D.3., VI.E.2., VI.E.3., & VI.E.5.i. The NPRM did not clarify the instrument and ATP certificate requirements under § 135.603. The NPRM did not apply the flotation requirements under § 136.11 to single-engine powered-lift and applied the requirements only to powered-lift operating in verticallift flight mode while conducting operations beyond the auto-rotational or gliding distance from the shoreline. The final rule outlines the instrument and ATP certificate requirements for powered-lift conducting air ambulance operations. The final rule applies § 136.11(a)(1) to single-engine powered-lift. It also applies § 136.11 to powered-lift operating in both vertical-lift and wing-borne flight modes. Finally, the final rule removes the redundant and unnecessary language pertaining to auto-rotational and gliding distances. IV. Powered-Lift Type Certification and FSTD Qualification lotter on DSK11XQN23PROD with RULES2 A. Type Certification In the NPRM, the FAA did not propose any new requirements for the type certification of powered-lift. The FAA determined it will use its existing regulatory process to type certificate powered-lift as a special class under § 21.17(b). The FAA uses a tiered safety approach for minimum certification standards, with different levels for airplanes and rotorcraft. For certain unique aircraft for which the FAA has not established airworthiness standards in its regulations (e.g., gliders, airships, powered-lift), the FAA uses the special class aircraft process. For powered-lift, the FAA will designate airworthiness requirements and other criteria that match the safety levels of existing standards by considering factors like aircraft size, seating, and performance. The FAA will publish the proposed airworthiness criteria, along with an explanation of its equivalency determination, in the Federal Register VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 • § 194.306(ii) and (jj) (pertaining to § 135.181). • § 194.306(kk) (pertaining to § 135.183). • § 194.308(d)(1) (pertaining to § 136.9). • § 194.308(d)(2)(ii) (pertaining to § 136.11(a)(2)). • § 194.308(d)(6) (pertaining to § 136.75(c)). § 194.306(nnn) (pertaining to § 135.603). § 194.308(d)(2) (pertaining to § 136.11). for public notice and comment for each powered-lift project.11 In some cases, specific airworthiness requirements for issuance of type certificates might not fulfill the requirements of operational rules. Applicants seeking powered-lift type design approval should identify areas needing additional approvals to meet anticipated operational needs. Operational rules often reference airworthiness standards in part 23, 25, 27, or 29, but adaptations might be necessary for unique designs. In the NPRM, the FAA proposed that powered-lift weighing more than 12,500 pounds would be required to meet 11 E.g., see: Airworthiness Criteria: Special Class Airworthiness Criteria for the Joby Aero, Inc. Model JAS4–1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022); 89 FR 17230 (March 8, 2024). Alternatively, the FAA may designate acceptable airworthiness criteria as the certification basis for powered-lift by publishing a future advisory circular (AC), as the agency has done for airships (AC 21.17–1A, Type Certification—Airships, dated Sept. 25, 1992), gliders (AC 21.17–2A, Type Certification—Fixed Wing Gliders (Sailplanes), Including Powered Gliders, dated Feb. 10. 1993), and very light airplanes (AC 21.17–3, Type Certification of Very Light Airplanes Under FAR 21.17(b), dated Dec. 21, 1992). PO 00000 Frm 00014 Fmt 4701 Additional discussion in section of preamble Sfmt 4700 VI.D.8. VI.E.3. certain operating regulations that currently apply to large transport category airplanes. The FAA also stated that this specific weight point would be an appropriate weight at which to apply certain transport category certification standards when type certificating powered-lift under § 21.17(b). The FAA further requested comments on whether the public believes there is a more appropriate weight at which to apply transport category regulations to powered-lift. Two commenters generally supported the FAA’s proposed approach for type certification. HAI commented that older powered-lift designs are significantly different from those proposed by recent applicants and supported the FAA’s intended use of § 21.17(b) for the type certification of unique and novel designs. The commenter also recommended collecting information during the certification process of novel AAM aircraft before requiring type ratings for each make and model. SAE International generally supported the FAA’s intended use of performancebased regulations for powered-lift type certification airworthiness criteria. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations An individual commenter highlighted specific concerns regarding powered-lift type certification and recommended that the FAA consider the unique aspects of each design when developing the type certification requirements. The commenter highlighted the need to consider all the various flight-mode unique aspects and that the regulations should focus on control law development instead of prescribing specific regulations based on specific design configurations. The commenter also identified technical areas that the FAA should consider when developing powered-lift airworthiness criteria. The FAA agrees that the novel aspects of powered-lift require an alternate approach to existing prescriptive airworthiness standards for airplanes and rotorcraft, which is why the FAA expects to largely employ performancebased airworthiness criteria. The FAA also agrees that the novel features identified by the commenter require evaluation during powered-lift type certification; however, this is beyond the scope of this SFAR and will instead be covered in each powered-lift airworthiness criteria publication. An individual commenter requested clarification as to how the FAA would determine which airworthiness standards would be appropriate for use in the type certification of powered-lift and what criteria would be used to make this decision. As described in the NPRM, when conducting the evaluation for determining an equivalent level of safety to existing standards, the FAA will consider the powered-lift’s specific type design features (aircraft’s size, passenger seating configuration, performance, etc.) and evaluate them against the applicable airworthiness requirements contained in parts 23, 25, 27, 29, 33, and 35. In addition, certain transport category (i.e., 14 CFR parts 25 and 29) certification standards will be appropriate for powered-lift weighing more than 12,500 pounds. EASA noted discrepancies in the type certification section of the NPRM. EASA stated that while the NPRM stated that no changes to type certification requirements were proposed, the FAA has separately published airworthiness criteria for two companies that propose changes to part 23 requirements and establish new requirements. To clarify the FAA’s statement in the NPRM regarding no new/changed type certification requirements, the FAA noted that the existing regulatory structure in 14 CFR part 21 already provides the means by which poweredlift can receive a type certificate. Specifically, § 21.17(b) provides for the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 ability to type certificate powered-lift as a special class aircraft. As stated in the NPRM, under § 21.17(b), the FAA designates the applicable airworthiness requirements, which may include requirements from the existing airworthiness standards applicable to normal category and transport category airplanes, normal category and transport category rotorcraft, aircraft engines and propellers (parts 23, 25, 27, 29, 33, and 35), and it may also include unique airworthiness criteria developed specifically for the individual product. Alakai Technologies Corporation stated the proposed entrants into the AAM industry include ‘‘special class rotorcraft’’ 12 and powered-lift, both of which would be type certificated under § 21.17(b). However, the commenter noted the proposed rule provides a framework for airman certification and operation only for powered-lift, and not for special class rotorcraft. The commenter contended that without providing a framework for airman certification and operation for special class rotorcraft, special class rotorcraft will be prohibited from operating in the NAS, thereby limiting the market to powered-lift special class aircraft AAM technology. The commenter referred to a developing policy the FAA has not yet finalized that would designate certain rotorcraft as ‘‘special class rotorcraft.’’ Although special class rotorcraft would be type certificated under the special class process in § 21.17(b), they still meet the regulatory definition of a rotorcraft in § 1.1. As such, special class rotorcraft would fall under the operating and airmen rules for rotorcraft (helicopter) in parts 61, 91, 135, etc. and would not need the same accommodations that were necessary for powered-lift. The FAA determined that the inclusion of special class rotorcraft in this SFAR was not needed for enabling those aircraft and that including special class rotorcraft is beyond the scope of this rulemaking to enable powered-lift. 12 ‘‘Special class rotorcraft’’ are rotorcraft, as defined in § 1.1, that meet three or more of the following criteria: (1) for its support in flight, the rotorcraft depends principally on the lift generated by three or more rotors and creates directional control by varying the power at each rotor; (2) the rotorcraft utilizes electric or hybrid-electric propulsion; (3) the rotorcraft’s design includes an advanced flight control system (e.g., a fly-by-wire flight control system) that uses electronically operated controls such that the pilot has no direct mechanical link to the control surfaces or swashplate; and (4) the rotorcraft is not capable of traditional autorotation, but instead provides an alternate method of safe landing following loss of engine power. See definition of rotorcraft in 1.1 and FAA Policy Statement PS–AIR 21.17–02. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 92309 EASA asked how the FAA would consider operational alleviations for these type-certificated aircraft in the context of AAM. The FAA reviewed the SFAR language to determine where operational alleviations could be provided for powered-lift that meet certain performance criteria and made changes to the minimum safe altitude, visibility, and fuel reserves requirements. These accommodations are addressed within the respective sections of this preamble for each rule as applicable for powered-lift. Vertical Aerospace Group commented that powered-lift should be built to the highest safety standards and that the combination of complex aircraft systems and complex commercial operating environment require a design safety target of 10¥9 and Design Assurance Level (DAL) A for systems, software, and complex hardware, with respect to failure conditions classified as catastrophic. Additionally, the commenter requested the FAA provide details on what transport category airworthiness criteria would be used for powered-lift, including crashworthiness, gust loads, wind speeds, and performance criteria. Currently, airplanes and rotorcraft type certificated in the normal category are permitted to perform commercial operations transporting passengers without meeting the more stringent transport category design requirements. As stated in the NPRM, for powered-lift, which are type certificated under § 21.17(b), the safety targets for each product are based on meeting an equivalent level of safety to the existing airworthiness standards. Rather than establishing a rigid ‘‘one size fits all’’ safety target or DAL for all powered-lift, which will be used in varied types of operations, the FAA separately considers each aircraft’s unique design characteristics to ensure the selected airworthiness criteria are appropriate to the design, intended operations, and safety. The FAA will publish the proposed airworthiness criteria for each powered-lift, including an explanation of its equivalency determination, in the Federal Register for public notice and comment before issuing final airworthiness criteria. ALPA responded to the FAA’s request for comments on applying transport category regulations to large poweredlift, those weighing more than 12,500 pounds. ALPA disagreed with the FAA’s proposal to use 12,500 pounds as the weight threshold for large poweredlift because ALPA asserted this cutoff is arbitrarily based on historical aircraft safety records that are not relevant to new aircraft being proposed in the E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92310 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations powered-lift industry. ALPA recommended that 7,500 pounds would be more appropriate for first-generation powered-lift, noting that this would allow the FAA to apply more appropriate sections of existing parts 135 and 136 to the majority of the firstgeneration powered-lift. The FAA disagrees with the ALPA recommendation that 7,500 pounds should be used instead of 12,500 pounds as the weight at which transport category airworthiness standards would be appropriate. The FAA has determined that 12,500 pounds provides the appropriate level of safety and places the weight threshold between the weight limits for transport category airplanes and transport category rotorcraft.13 Imposing part 25/29 airworthiness requirements on poweredlift weighing 12,500 pounds or less would decrease the useful payload of the powered-lift and increase the cost of type certification. XTI said that, in addition to wingborne flight and vertical lift, some powered-lift will also operate in an intermediate configuration utilizing vectored thrust and wing-borne flight during takeoff and landing. This short takeoff and landing (STOL) mode, the commenter said, provides significant performance benefits and improves ranges. XTI requested clarification whether required runway distances would be calculated differently for powered-lift operating in STOL mode than the required distances for fully wing-borne flight. The method by which the required runway distance is calculated would be the same for powered-lift and conventional takeoff and landing aircraft; however, the distance for powered-lift would be shorter. The specific configuration for takeoff and landing would need to be defined in the flight manual along with the respective takeoff and landing performance for those configurations. However, the particular details in calculating runway distances for a certain powered-lift are beyond the scope of this SFAR. A helicopter pilot recommended that the FAA review its bird strike certification procedures when certificating powered-lift. The commenter cited concerns that powered-lift will be more prone to bird strikes than helicopters given they operate at lower altitudes and environments prone to more bird 13 The NPRM included a typographical error that identified the normal category weight limits for rotorcraft and airplanes as 7,500 lbs. and 19,500 lbs., respectively. The correct weight limits for those airworthiness standards are 7,000 lbs. and 19,000 lbs., respectively. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 activity, generate less noise and rotor downwash that would normally keep birds away, and may travel at faster speeds. The commenter suggested powered-lift test pilots should use their experience to recommend methods of bird strike avoidance through training, emergency procedures, and system designs like detect-and-avoid systems. The commenter’s recommendations are beyond the scope of this SFAR. However, the agency notes that, to date, the FAA has included bird strike protection requirements in the proposed airworthiness criteria for the first three powered-lift applicants the agency has published for notice and comment under § 21.17(b).14 The remaining comments on type certification requested clarification on language used in the NPRM preamble or specific information on the type certification process or specific safety objectives required during type certification. These comments are beyond the scope of this rulemaking. As stated previously, the specific airworthiness criteria for each poweredlift project will be published in the Federal Register for public notice and comment. B. Noise Certification The FAA did not propose any new requirements for the noise certification of powered-lift. The FAA is mandated to establish noise standards and regulations that ensure public safety regarding aircraft noise. Recent advancements in electric motors and control systems have led manufacturers to develop novel aircraft that differ significantly from conventional ones covered by existing noise certification standards. The FAA will examine each application and determine whether the existing part 36 requirements are appropriate as a noise certification basis, as it does for all noise certification applicants. If the FAA determines that the part 36 rules are not sufficient for a particular powered-lift, the FAA may create rules of particular applicability for that powered-lift. Due to potentially diverse designs of these aircraft and limited data on their noise signatures, the FAA has not yet established broad noise standards for all powered-lift. However, powered-lift that are tilt-rotors 14 See Airworthiness Criteria: Special Class Airworthiness Criteria for the Joby Aero, Inc. Model JAS4–1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022); Airworthiness Criteria: Special Class Airworthiness Criteria for the Archer Aviation Inc. Model M001 Powered-Lift, 87 FR 77749 (Dec. 20, 2022); Airworthiness Criteria: Special Class Airworthiness Criteria for the AgustaWestland Philadelphia Corporation Model AW609 Powered-Lift, 88 FR 37805 (June 9, 2023). PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 are currently subject to the noise regulations of appendix K of part 36. If a manufacturer seeks certification for a powered-lift which could not be certificated using appendix K of part 36, the FAA would propose amending the SFAR to include operating noise limits in subpart I of part 91, which would be applicable to that powered-lift.15 HAI said that the certification process could reveal that AAM vehicles emit less noise than traditional aircraft, referencing the GAO report cited in the NPRM.16 HAI said that current standards may need adjustment but that the certification process should reveal any requirements and inform future rulemaking in this area. The FAA contemplated the need for future rulemaking in the NPRM. Rather than use the existing requirements for small propeller airplanes, jet transport airplanes, helicopters, or tiltrotors in part 36, such diverse conceptual designs and new aircraft types may require tailored noise certification requirements. As stated in the NPRM, the FAA will examine each application and determine whether existing part 36 requirements are appropriate as a noise certification basis, as it does for all noise certification applicants. If the current regulations cannot be applied appropriately, the FAA may promulgate a rule of particular applicability to establish a noise certification basis for these new aircraft designs. The noise sources from these aircraft have been shown to be complex, and the FAA does not yet have sufficient data on the aircraft types and noise signatures expected from these new entrants. Accordingly, until sufficient data are collected, the FAA would not be able to promulgate standards of general applicability for these aircraft. C. Qualification of Powered-Lift Flight Simulation Training Devices (FSTDs) Part 60 prescribes the rules governing the initial and continuing qualification of all aircraft FSTDs, which includes full flight simulators (FFS) and flight training devices (FTDs) 17 used to meet the training, evaluation, or flight experience requirements for flightcrew member certification or qualification. In accordance with § 60.15, the FAA qualifies each FSTD at a specific level 15 Appendix K to part 36 outlines noise requirements for tiltrotors utilized by a poweredlift. The FAA notes that these would be applicable to powered-lift if it is determined during the aircraft certification process. 16 U.S. Government Accountability Office, GAO– 22–105020, Transforming Aviation: Stakeholders Identified Issues to Address for ‘‘Advanced Air Mobility’’, published, May 9, 2022. Publicly released, May 9, 2022. 17 See 14 CFR 1.1. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations if that FSTD meets the applicable Qualification Performance Standards (QPS). The QPS are published in the following appendices to part 60: appendix A for airplane FFSs, appendix B for airplane FTDs, appendix C for helicopter FFSs, appendix D for helicopter FTDs, appendix E for the quality management system for all FSTDs, and appendix F for definitions and abbreviations applicable to part 60. While appendices E and F will apply to powered-lift FSTDs, as discussed in the NPRM, part 60 does not set forth a powered-lift QPS similar to what exists for airplanes and helicopters. As discussed later in this section, the FAA maintains that creation and adoption of a new appendix as a permanent fixture in part 60 is premature given the wide variation of powered-lift and rapid pace of development. Additionally, as discussed in this preamble, one intent of the SFAR is to equip the FAA with operational data to implement future permanent regulations, to include that data necessary to develop a powered-lift QPS in the future. In general, FSTDs qualified under part 60 are typically used to replace an aircraft for required air carrier or pilot certification training and proficiency checking. Because FSTDs are used for applications such as air carrier training and type rating training, detailed validation requirements are defined in the part 60 QPS to ensure that the FSTD performs equivalently to a specific make, model, and series of aircraft. Depending upon the qualification level of the FSTD, it may completely replace an aircraft for all training and proficiency checking events. As mentioned by one commenter who recommended caution on the use of simulators to replace an aircraft due to the ability to replicate complex aerodynamic environments, the FAA notes that rigorous objective validation requirements are applied to ensure the FSTDs perform equivalently to the aircraft in similar training and proficiency checking events. These validation requirements cover a wide range of training tasks, including takeoff, landing, hovering/low speed operations, and various other flight maneuvers that are required for pilot training and qualification. As described in the NPRM, the qualification of powered-lift FSTDs would be validated similarly in an objective manner to ensure the FSTD performs equivalently to the aircraft in required training and checking events. Therefore, the FAA proposed the addition of new requirements in § 194.105 of the SFAR to enable the qualification of powered-lift FSTDs. The VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 FAA contended that § 194.105 would function 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 and as determined by the FAA, that would provide an equivalent level of safety to existing QPS components. As written in the NPRM, the proposal was intended to follow the established process in § 21.17(b) for the certification of special classes of aircraft. This addition facilitates the FSTD qualification process by enabling FSTD sponsors to propose FSTD qualification standards where the current standards do not apply to new and novel aircraft designs. Particularly with objective validation testing, the ability to propose alternate testing methods is necessary to fully evaluate the FSTD’s capability to provide pilot training for powered-lift. The FAA received several comments on the proposed FSTD qualification process, to which it responds in the subsequent sections, and FAA adopts the rule text as proposed. 1. Publication of Proposed FSTD Standards Several commenters noted the urgency to enable a means to ensure safety and efficiency of FSTDs. Specifically, several commenters disagreed with publication of the proposed powered-lift standards to the Federal Register for notice and comment. The primary concern was that adding a notice and comment process would introduce an unnecessary delay in approving such standards and qualifying FSTDs. Commenters suggested alternatives such as: expediting an independent SFAR consisting only of a powered-lift QPS for part 60; creating an alternate means of compliance for interim certification; allowing FAA principal operations inspectors (POIs) to approve FSTDs for use within the training organization they oversee; developing an expert panel with approving authority who would conduct a technical review; and providing notice and an opportunity to comment only for the first QPS, then utilizing it as a baseline for future QPSs absent Federal Register publication. As discussed in the NPRM, the requirements proposed in § 194.105 will follow similar processes that are used to certify special classes of aircraft. The FAA understands commenters’ concerns regarding the potential for delays; FAA is not required to, and does not plan to, adhere to all of the requirements for issuing generally applicable rules. The PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 92311 notice and comment process for a project of this nature, a rule of particular applicability, does not necessitate a full regulatory impact analysis or going through the same level of review as a rule of general applicability. Rather, the FAA anticipates working closely and directly with the FSTD sponsor and manufacturer to develop the QPS, after which the FAA would announce the availability of, and request comment on, the proposed QPS. FAA would solicit comment for a shorter timeframe than it typically does for a generally applicable rule, consistent with the time required to complete the comment consideration and adjudication process for the certification of special classes of aircraft. Additionally, the FAA does not intend to publish every proposed QPS for those FSTDs/QPS that have already been published. In other words, the FAA intends to leverage precedent for similarly situated FSTDs. For example, if Sponsor A qualified FSTD A under § 194.105 (after notice, comment, and comment adjudication), and FSTD A was identical to FSTD B that Sponsor B wished to qualify, the FAA would apply FSTD A’s QPS without public notice and comment, but after providing Sponsor B notice of the QPS and an opportunity to comment. To effectuate this process, while also recognizing there are instances (like the previously described scenario) where the FAA will find it unnecessary to provide public notice and seek comment, the FAA adopts a new paragraph in § 194.105. Specifically, § 194.105 as it was proposed will be designated as paragraph (a), and new paragraph (b) will set forth the FAA’s intent to publish proposed QPSs in the Federal Register for comment. Additionally, paragraphs (b)(1) and (2) will acknowledge that the FAA may find public notice and comment to be unnecessary in certain circumstances. The FAA finds this regulatory approach will address commenters concerns with timeliness in publication where extenuating circumstances exist and when similar simulators seek to enter into service. The FAA anticipates that much of the existing FSTD standards in appendix A through appendix D to part 60 are applicable to powered-lift FSTDs with minor changes, including current general requirements, functions and subjective requirements, and certain cueing requirements for airplane and helicopter FSTDs. Additionally, portions of existing validation testing requirements may potentially be applied to powered-lift with adjustments of testing maneuvers, modification of applicable parameters, and the addition E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92312 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations of testing conditions to cover unique aircraft characteristics and associated training requirements. The FAA already maintains a framework for adjudication of special class airworthiness comments and intends to leverage that existing framework in the adjudication of comments after QPS notice. While the FAA acknowledges that the notice and comment process may introduce some administrative burden and time delays, the transparent process and public participation benefits both the industry and the FAA. First, as previously mentioned, the FAA intends to use the SFAR to inform a permanent rulemaking to part 60 (i.e., likely the addition of appendices to part 60 for powered-lift FFS and FTD QPSs). By treating QPSs under the same framework as special classes of aircraft, the FAA foresees the accumulation of requisite information to propose the most appropriate permanent amendment to part 60. This information may stem from industry, sponsors, FAA inspectors and subject matter experts, and the general public; public notice provides an efficient and familiar platform for such input. The FAA recognizes that public commenters may have limited technical and proprietary information on the design of these new and novel aircraft designs but maintains the benefit of improving efficiency over time for new aircraft entry into the NAS. Additionally, the nature of public notice, adjudication of comments, and issuance of final QPS will establish precedent whereby interested stakeholders will be able to view past approved proposals and base future proposals upon them. Rather than addressing multiple individual proposals in a non-transparent manner through a deviation process, the FAA anticipates that the public notice and comment process could have a converging effect on the powered-lift FSTD standards over time. The FAA considered the various alternatives suggested by commenters. First, the creation of fixed QPS standards to part 60 through a permanent generally applicable rulemaking or through an expedited SFAR is premature given the lack of any certificated powered-lift and presentation of any powered-lift FSTD to the FAA. Primarily, the FAA lacks requisite information to develop a universal FSTD QPS applicable to the array of unique configurations of powered-lift. The SFAR approach facilitates a flexible and transparent process tailored to the specific poweredlift FSTD. The information and expertise accumulated during the pendency of the SFAR will position the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 FAA and its industry counterparts in a more conducive position to future permanent regulations. Furthermore, under the SFAR public comment process, feedback from the wellestablished airplane and helicopter simulation and training industry and other interested parties can be leveraged in proposed powered-lift FSTD standards to incorporate past lessons learned in utilizing simulation to improve simulator fidelity, pilot training, and, ultimately, aviation safety. Next, while POIs already approve the use of FSTDs for training,18 their responsibilities do not extend to the base qualification of the simulator. Rather, the Training and Simulation Group within the FAA’s Office of Safety Standards is the office of primary responsibility for FSTD qualification and certification. The FAA Training and Simulation Group is comprised of aeronautical engineers, aviation safety inspectors, and analysts who specialize in the highly technical qualification activities for FSTDs. This existing branch and process resembles one commenter’s suggestion to convene an expert panel with approving authority. Conversely, POIs and training center program managers (TCPM) maintain expertise in ensuring certificate holders apply appropriate regulations, policies, and procedures pertaining to use of the FSTD for training rather than the evaluation, approval, and oversight of QPS specifications. Where the Training and Simulation Group qualifies and assigns a specific level of qualification to the FSTD, the POI approves the FSTD for use by a certificate holder for a specific maneuver, procedure, or crewmember function. Due to the differing functions, training, and experience of the persons performing these separate job responsibilities, the FAA declines to expand POI responsibilities to include FSTD qualification as they do not have the specialized expertise required for such a duty. The FAA comprehensively addresses alternate means of compliance and interim certification in subsequent sections. 2. Use of Deviation Authority Several commenters stated that the FAA could incorporate powered-lift into part 60 through the already-existing mechanism of deviation authority set forth in § 60.15(c)(5). These commenters explained that the FAA erroneously excluded deviation authority as an option, indicating that § 60.1 gives the Administrator authority to designate an 18 FAA PO 00000 Order 8900.1, Vol 3, Ch. 54, Sec. 5. Frm 00018 Fmt 4701 Sfmt 4700 appendix as applicable to a powered-lift and then to utilize deviation authority to amend that designation. Other commenters, such as GAMA, expressed concern that the FAA had previously approved part 60 deviations for FSTD projects, and the new proposed process could result in regulatory risk and might delay these projects. The FAA acknowledges that some commenters believe there already exists a path to powered-lift FSTD qualification through part 60 deviation authority. However, the NPRM preamble explained why § 60.15(c)(5) deviation authority is inapplicable; the FAA maintains this position. Section 60.15(c)(5) states that an FSTD sponsor or manufacturer may submit a request for approval of a deviation from the QPS requirements as defined in appendices A through D to part 60. Thus, the deviation authority is explicitly applicable to the already existing appendices for airplanes and helicopters only. To further support this narrowly scoped authority, as explained in the preamble to the final rule adopting § 60.15(c)(5), the FAA added deviation authority to allow for FSTD sponsors to deviate from technical requirements in the part 60 QPS.19 Deviation may only be considered from minimum requirements tables, objective testing tables, the functions and subjecting testing tables, and other supporting tables and requirements in the part 60 QPS.20 Therefore, the deviation authority was never intended to be utilized to create a brand new QPS for a new class of aircraft, nor does the plain language of the regulation support such a use. Rather, deviation authority in § 60.15(c)(5) is utilized for those unique instances where novel airplane or rotorcraft characteristics do not precisely fit within the common and technical criteria set forth in the respective appendices or where a published FSTD standard, such as ICAO Document 9625,21 may be substituted for the part 60 QPS. Commenters are correct in noting that the FAA previously issued a deviation in accordance with § 60.15(c)(5) for a powered-lift FSTD. Specifically, the FAA approved one deviation for a set of powered-lift FSTD standards under § 60.15(c)(5) in 2018; however, an FSTD has not yet been qualified under this 19 Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather Event Training Tasks final rule, 81 FR 18178 (Mar. 30, 2016); corrected at 81 FR 32016 (May 20, 2016). 20 § 60.15(c)(5)(ii). 21 Manual of Criteria for the Qualification of Flight Simulation Training Devices—Volume I— Aeroplanes (9625–1). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations approved deviation. While the FAA has since determined that the deviation authority is not the appropriate mechanism to approve FSTD standards for powered-lift, the FAA intends to work directly with that operator to facilitate FSTD qualification under this adopted process.22 The FAA acknowledges that the adopted SFAR process may result in less timely decision-making by the FAA as compared to using a deviation process without public notice and comment. However, what commenters are proposing would essentially be establishing new standards, because the existing appendices are not appropriate for these new FSTDs. The establishment of new standards must comply with the informal rulemaking requirements of the Administrative Procedure Act. In addition, the FAA believes that public input will provide value in helping to ensure the safe and efficient integration of powered-lift into the NAS and that this regulatory approach is designed to be as broad and open to innovation as possible without sacrificing safety and effectiveness. lotter on DSK11XQN23PROD with RULES2 3. Interim FSTD Qualification Lilium, CAE, NBAA, and others commented on the need for an interim FSTD qualification process for poweredlift FSTDs and advocated for the use of engineering/predicted data to support FSTD qualification. Some commenters urged the FAA to accept the engineering simulations and predicted engineering data from aircraft OEMs to expedite an interim qualification process. Part 60 supports interim FSTD qualifications, which would be equally applicable in the case of a powered-lift FSTD. Specifically, § 60.21 sets forth the requirements for the interim qualification of FSTDs for new aircraft types or models and requires the sponsor to provide: (1) the aircraft manufacturer’s data consisting of at least predicted data validated by a limited set of flight test data, (2) the aircraft manufacturer’s description of the prediction methodology used to develop the predicted data, and (3) the Qualification Test Guide test results.23 Because this regulation applies to all aircraft, interim qualification is an available option to powered-lift FSTDs even within the alternate qualification 22 The FAA notes that commenters’ concerns regarding regulatory risk did not include the specific regulations where risk would exist. As stated, the FAA intends to work directly with the operator issued a deviation in light of this final rule to avoid any noncompliance issues. 23 Appendix F to part 60 defines the following terms: flight test data, predicted data, and qualified test guide. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 framework set forth in the SFAR. As discussed in the NPRM preamble that adopted § 60.21, the intent of interim qualification is to facilitate training before final flight test data is available so the operator can put the aircraft into service swiftly, while maintaining necessary safety standards.24 The regulation enables the use of the aforementioned predictive and/or engineering data that meets the reliability parameters set forth in § 60.21(a) to support interim FSTD qualification and properly trained flightcrew in accordance with FAA pilot training and qualification standards. The FAA notes that engineering simulation and predicted engineering data may be accepted for airplanes and helicopters as an alternative to flight test data in accordance with appendices A and C to part 60; however, this concept is not succinctly applicable to poweredlift interim qualification because powered-lift and their corresponding FSTDs are new and novel entrants into the aviation market. Established practice and additional regulatory requirements in airplane and helicopter QPS clearly require the applicant to demonstrate past success by providing such data to support FSTD qualification.25 While the SFAR utilizes a non-traditional mechanism of QPS formation, establishing past success at providing predictive data that will support FSTD qualification continues to be a necessary deliverable for interim qualification so pilots will be adequately trained and checked in an interim qualified FSTD. Particularly with new and emerging aircraft designs, the FAA anticipates significant challenges with establishing past success in predicting the behavior of these aircraft for the purposes of developing real-time simulation models for pilot training. In sum, new § 194.105 does not prohibit a sponsor or manufacturer from pursuing interim qualification of an FSTD. The interim qualification requirements of § 60.21 apply to all aircraft, including powered-lift. While the FAA predicts challenges in the accumulation of powered-lift FSTD flight test data sufficient to meet the requirements for interim qualification, if 24 Flight Simulation Device Initial and Continuing Qualification NPRM, 67 FR 60284 (Sept. 25, 2002). 25 E.g., ‘‘. . . based on acceptable aeronautical principles with proven success history and valid outcomes for aerodynamics, engine operations, avionics operations, flight control applications, or ground handling,’’ appendix A to part 60, Attachment 2, paragraphs 8 (Additional information about flight simulator qualification for new or derivative airplanes) and 9 (Engineering Simulator—Validation Data). See similar language in appendix C, Attachment 2, Paragraph 9. PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 92313 a sponsor or manufacturer could meet the standard as set forth in § 60.21(a), the SFAR does not foreclose interim qualification. 4. Emerging Technological Advances in FSTDs Several commenters, including AWPC, CAE, Vertical Flight Society, Advanced Air Mobility Institute, and GAMA, stated that the FAA must consider new and innovative simulation technologies, such as virtual reality (VR), extended reality (XR), and mixed reality (MR) systems. The commenters emphasized that these technologies provide opportunities for safe, immersive training, as well as offer the potential to significantly reduce the hardware footprint of an FSTD flightdeck and visual system. Additionally, the commenters stated that integrating new and novel technology would reduce associated material cost to the operator. These commenters urged the FAA to update part 60 to account for novel technology, use ‘‘acceptability’’ standards to account for novel technology, or use § 61.4(c) to approve the novel devices that provide comparable fidelity and representation. The Advanced Air Mobility Institute recommended collaborating with the U.S. Armed Forces to understand their training regime, which includes desktop avionics trainers, mixed reality part-task trainer, and common software flight training devices. ALPA further commented that virtual reality and mixed reality technologies should only be used after qualification standards have been established and should not replace the in-aircraft training or minimum FFS used. The FAA acknowledges the potential benefit of immersive simulation technologies like virtual reality, extended reality, and mixed reality in improving FSTD quality and reducing the overall cost of simulation for pilot training. In addition to powered-lift FSTDs, the use of immersive simulation technologies is an issue currently being addressed by the FAA under existing airplane and helicopter standards. The FAA is actively working toward encompassing these tools into the qualification regime for all aircraft, not just powered-lift. Because the current part 60 standards do not specifically address immersive technologies, such as virtual reality systems, the FAA recognizes the need to facilitate these technologies. Additionally, while the current part 60 standards do not yet address the use of such immersive technologies for FSTDs, this does not necessarily prevent an operator or training provider from using such E:\FR\FM\21NOR2.SGM 21NOR2 92314 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 technologies for training that does not require the use of an FSTD, such as for classroom instruction or providing flightdeck familiarization training to prepare students for formal flight training. The FAA notes, however, a survey of past research work on virtual reality systems as applied to pilot training simulators has shown instances of significant degradation of pilot performance and increased simulation sickness in virtual reality-equipped simulators.26 The FAA must understand the effectiveness, benefits, and shortcomings of these systems in conducting pilot training and evaluation before memorializing FSTD qualification with such systems in part 60, not just for powered-lift, but for any aircraft. The FAA recognizes that the aforementioned study likely does not represent the state of the art in virtual reality systems and that additional study on the latest advancements is needed. To inform future policy decisions and potential rulemaking, the FAA recently initiated an immersive simulation research study 27 to examine, for example, human factors, potential use cases, and technical standards for virtual reality and other systems. Currently, the FAA is engaging with sponsors and manufacturers to work toward qualification of lower-level helicopter FSTDs with virtual reality systems, as well as maintaining awareness of EASA’s recent FSTD qualification with a virtual reality system.28 In sum, the FAA remains committed to staying apprised of new and novel technology that serves as a benefit in pilot training and preparation. Further, the QPS process adopted by this final rule will not prohibit a manufacturer or sponsor from proposing a QPS that includes new and novel technologies. For powered-lift FSTDs, applicants may propose the use of virtual reality systems under the SFAR process, similar to how airplane and helicopter FSTD manufacturers may propose, use, or require a deviation to facilitate these systems within their airplane or helicopter FSTD. Because 26 E.g., Oberhauser, M., Dreyer, D., Braunstingl, R., & Koglbauer, I. (2018). ‘‘What’s real about virtual reality flight simulation? Comparing the fidelity of a virtual reality with a conventional flight simulation environment.’’ Aviation Psychology and Applied Human Factors, 8(1), 22–34. 27 The FAA’s Tech Center Acquisition & Grants Division in the Office of Finance and Management published an RFI to complete a feasibility assessment and to develop the requirements for Immersive Flight Simulation CRADA(s) on December 14, 2022, See Government RFI for Immersive Flight Simulation Cooperative Research and Development Agreement, available at SAM.gov. 28 www.easa.europa.eu/en/downloads/137723/en. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 the FAA has well-established standards for conventional simulation in appendices A through D to part 60, the applicant must include sufficient supporting data and justification that the virtual reality-equipped FSTD can satisfactorily provide relevant fidelity to an equivalent level or better than that of a conventional FSTD at the same qualification level to facilitate satisfactory pilot training and checking. In developing this justification, piloted experiments comparing performance, workload, simulation sickness, and transfer of training between a virtual reality FSTD and a conventional FSTD acceptable to the FAA should be considered. 5. Use of Consensus Standards SAE International and CAE both urged the FAA to recognize consensus standards for powered-lift FSTDs when published. As discussed in the NPRM, the FAA intends to consider consensus standards during the qualification of powered-lift FSTDs under part 60. The FAA is aware of, and participates in, certain consensus standards subcommittees tasked with examining FSTD qualification standards for powered-lift. At the time of the publication of the NPRM, no publicly available consensus standards existed to reference; therefore, the FAA declined to include them as a compulsory basis for qualification. However, under the SFAR process, an applicant may propose the use of an industry consensus standard to support the qualification of a powered-lift FSTD. While the FAA intends to leverage consensus standards as efficiently as possible for both industry and the FAA, the broad array of powered-lift features and inability to identify similar operating characteristics 29 render a universal approval akin to part 23 consensus standards challenging. However, the FAA intends to review proposed consensus standards for approval and determine the application of any necessary conditions or limitations upon availability. Because the FAA does not currently have a proposed consensus standard to review, consideration on the applicability of a future consensus standard will likely initially be made on a project-by-project basis. If a proprietary consensus standard is submitted for consideration, the FAA would not publish this standard in full to the Federal Register but would publish a summary of the proposed action and any applicable 29 See PO 00000 section V.A. Frm 00020 Fmt 4701 differences or conditions and limitations. 6. Levels of FSTD Qualification Archer, CAE, VFS, and others commented that there will be a need for FSTDs other than a Level C or higher FFS. The FAA agrees that many levels of FSTDs are currently necessary and available for both airplane and helicopter pilot training, and there will likely be a similar need for additional FSTD levels for powered-lift pilot training. For FSTD qualification purposes, § 194.105 will not limit FSTD qualification to only Level C FFS and above.30 Under the FSTD qualification process in the SFAR, an applicant may propose standards for any FSTD qualification level in part 60 using the standards in appendices A through D to part 60 as a baseline. Where an applicant proposes unique FSTD configurations that are not consistent with established part 60 FSTD appendices, such as with virtual realityequipped FSTDs or alternative motion platform, the sponsor or manufacturer must provide justification and supporting data demonstrating the capability of the FSTD to conduct approved pilot training and evaluation at the requisite level of qualification sought. V. Certification of Powered-Lift Pilots As outlined in the Executive Summary, the introduction of poweredlift as a new category of civil aircraft creates unique challenges for pilot training and certification, particularly when considering the lack of available certificated powered-lift in which a flight instructor would conduct flight training and the difficulty in obtaining flight training itself due to a lack of qualified flight instructors. To address these barriers, the FAA finalizes alternate aeronautical experience requirements and expanded logging provisions, in section V.F. of this preamble. Additionally, section V.F.6. of this preamble provides tables summarizing the requirements for pilot certification to facilitate readability of the alternate experience and logging provisions. A. Establish a Type Rating Requirement for Persons Seeking To Act as PIC of Powered-Lift Part 61 prescribes the requirements for issuing pilot and flight instructor certificates and ratings, the conditions under which those certificates and ratings are necessary, and the privileges and limitations of those certificates and 30 See Sfmt 4700 E:\FR\FM\21NOR2.SGM Section IV.C.6. 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations ratings.31 The FAA issues six levels of pilot certificates (student, sport, recreational, private, commercial, and ATP) and assigns category, class, and type ratings on each pilot certificate.32 To act as PIC of any aircraft, a person must hold the category, class, and type rating (if class and type are applicable) on their pilot certificate.33 Part 61 sets forth the requirements (e.g., aeronautical experience, practical test) to obtain such certificates and ratings. Part 1 of 14 CFR, which provides definitions and abbreviations for Title 14, defines category and class for the purposes of airmen ratings. Specifically, ‘‘category’’ is defined as a broad classification of aircraft (e.g., airplane, rotorcraft, powered-lift), while ‘‘class’’ is defined as a group of aircraft within a category having similar operating characteristics (e.g., single engine, multiengine, helicopter).34 In 1997, when the FAA established the powered-lift category in part 61, the FAA declined to create powered-lift classes or require type ratings for powered-lift beyond those established in § 61.31(a) (i.e., large aircraft or as specified by the Administrator under aircraft type certificate procedures).35 During the development of the NPRM, the FAA reconsidered whether (1) classes of powered-lift could be established and (2) type ratings should be required. In this final rule, the FAA maintains its position on the infeasibility of establishing powered-lift classes at this time and adopts the requirement for the PIC of a powered-lift to hold a type rating on their pilot certificate. This section briefly discusses the amendment and responds to comments. Currently, pursuant to § 61.31(a), a person must hold a type rating to act as PIC of (1) a large aircraft 36 (except lighter-than-air), (2) a turbojet-powered airplane, and (3) other aircraft as specified by the Administrator through aircraft type certificate procedures.37 To 31 § 61.1(a)(1). 32 § 61.5. 33 § 61.31(d). lotter on DSK11XQN23PROD with RULES2 34 § 1.1. 35 Flight Instructor, Ground Instructor, and Pilot School Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995). 36 Section 1.1 defines ‘‘large aircraft’’ as ‘‘aircraft of more than 12,500 pounds, maximum certificated takeoff weight.’’ 37 As discussed in the NPRM, FSBs are normally established when the responsible FAA Aircraft Certification Office issues a Type Certificate for large aircraft, turbojet powered airplanes, and other aircraft specified by the Administrator through the aircraft certification process (see § 61.31(a)). Powered-lift will be evaluated under the existing FSB process by the Aircraft Evaluation Division, which will determine the requirements for a pilot VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 obtain a type rating, a person must receive aircraft-specific training and pass a practical test in the aircraft for the type rating sought.38 Currently, the FAA’s regulatory framework in part 61 allows for the issuance of a powered-lift category rating on a pilot certificate and does not specifically require a type rating to act as PIC of a powered-lift operation (unless a powered-lift specifically meets one of the parameters in § 61.31(a)). In the NPRM, the FAA extensively discussed the lack of commonality between each design of powered-lift.39 For example, powered-lift types are expected to vary in configuration from tilt-wing, tilt-propeller, lift plus cruise, and tilt plus cruise designs, as well as varying degrees of automation. Further, powered-lift have unique flight and handling qualities managed with indirect flight controls, meaning movement of the inceptor does not directly correlate to the movement of a specific flight control surface.40 The divergence of characteristics between powered-lift drives, first, the infeasibility to create classes because there is not a discernable group of similar operating characteristics with which the FAA can create classes at this time. Secondly, it drives the need for specific training and testing in the powered-lift that a PIC intends to operate. Generalized training requirements based on a broad categorization of powered-lift alone would not adequately address the unique characteristics and operating requirements of each individual aircraft. Therefore, to establish an appropriate level of safety by ensuring persons receive adequate training and are tested on the unique design and operating characteristics of each powered-lift, the FAA proposed to require a person who acts as PIC of a powered-lift to hold a type rating 41 in new § 61.31(a)(3).42 type rating and develop training objectives for the type rating. 38 § 61.63(d), 61.157(b). 39 88 FR 38946 at 38956 (June 14, 2023). 40 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. 41 The FSB will evaluate each powered-lift on a case-by-case basis to determine whether the training recommended by the manufacturer will enable the pilot to safely operate the aircraft in the NAS. Additionally, the FSB will identify the unique characteristics of each powered-lift that require special training, which will be documented in the Flight Standardization Board Report (FSBR). Subsequently, these findings are utilized to determine the applicability of tasks within the appropriate powered-lift Airman Certification Standards for training, testing, and checking. 42 The FAA also proposed to redesignate current § 61.31(a)(3), which requires a type rating for other PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 92315 These proposals necessitated conforming amendments within part 61. Section 61.5(b)(7) sets forth the aircraft type ratings that may be placed on a pilot certificate when the applicant satisfactorily accomplishes the training and certification requirements for the rating sought. These type ratings include the aircraft currently identified in § 61.31(a), as well as the SIC pilot type rating for aircraft that are typecertificated for operations with a minimum crew of at least two pilots. The FAA proposed to revise paragraph (b)(7)(iii) to reflect the proposed aircraft type rating for a powered-lift and to redesignate current § 61.5(b)(7)(iii) as new § 61.5(b)(7)(iv). The FAA also determined current § 61.5(b)(7)(iv), which allows for the issuance of a SIC pilot type rating, does not belong under § 61.5(b)(7). Section 61.5(b)(7) contains aircraft type ratings; however, a pilot type rating subject to ‘‘SIC Privileges Only’’ is not an ‘‘aircraft’’ type rating. To more accurately capture the SIC pilot type rating as a pilot rating independent of ‘‘aircraft,’’ the FAA proposed to relocate this provision to stand independently in new § 61.5(b)(9). Comments in Support of a Type Rating Several commenters expressed support for the FAA’s proposal to require a type rating for each poweredlift a PIC seeks to operate. AgustaWestland Philadelphia Corporation (AWPC),43 BETA, Lilium, and Joby agreed with the proposed type rating requirement, citing the lack of commonality between powered-lift designs and their diverse capabilities. Likewise, ALPA and A4A endorsed the FAA’s proposed approach to require a type rating to recognize the uniqueness of powered-lift, diversity of aircraft handling characteristics, and operations relative to evolving aircraft designs. ALPA added that some reports list over 500 different designs of powered-lift under manufacturer development and stated that pilots cannot rely on the transferability of skills between powered-lift types. An individual commenter noted that, because powered-lift systems are complex and quite different from one another, pilots should be qualified similarly to jet type ratings, specifically emergency recovery procedures. HAI expressed general support for the type rating requirement at this time but urged a cautious aircraft specified by the Administrator through aircraft type certificate procedures, as new § 61.31(a)(4). 43 AgustaWestland Philadelphia Corporation is a subsidiary of Leonardo S.p.A Helicopter Division. E:\FR\FM\21NOR2.SGM 21NOR2 92316 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations approach, as subsequently discussed in this section. lotter on DSK11XQN23PROD with RULES2 ICAO Recommendation: Powered-Lift Type Rating on Existing Airplane or Rotorcraft Certificate While these commenters supported a type rating, many supported the type rating framework specifically as recommended by ICAO Annex 1, section 2.1.1.4,44 which permits a Licensing Authority to endorse a type rating for aircraft of the powered-lift category on an airplane or helicopter pilot license. Commenters supporting this position included: NATA, CAE, Eve, AWPC, Lilium, BETA, Supernal, the Vertical Flight Society, ADS Group, Vertical Aerospace Group, FlightSafety International, AUVSI, Ferrovial Airports, GAMA,45 Joby, NBAA, Aerospace Industries Association, Helicopter Association International, L3Harris, and EASA. Many commenters supported § 2.1.1.4 on two premises. First, commenters agreed with the premise that all powered-lift are unique enough to require a type rating which renders a category rating unnecessary. Therefore, given the similarity to airplanes and helicopters, commenters stated that removing the powered-lift category rating requirement and fully aligning with § 2.1.1.4 in the simple addition of the powered-lift type rating to an existing airplane or helicopter certificate would maintain an equivalent level of safety to the traditional certification framework. Second, commenters stated that alignment with § 2.1.1.4 would facilitate training and checking in Level C or higher simulators,46 which commenters emphasized would standardize training and data collection 44 ICAO Annex 1, 14th Ed. (July 2022). ICAO sets forth Section 2.1.1.4 until March 5, 2025. 45 GAMA suggested amending part 194 (and revising SFAR references as appropriate) to say that the appropriate category and class for powered-lift is that found by the Administrator to be appropriate, as designated by the type certificate data sheet and FSB report. GAMA noted there was precedent for this approach when the FAA provided relief to Wing from § 135.243 rules with respect to ‘‘appropriate category and class ratings’’ for the operation of its powered-lift unmanned aircraft. See, Exemption No. 18163 issued to Wing Aviation, LLC (Mar. 28, 2019). Since the issuance of Exemption No. 18163 in 2019, the FAA has determined that it erroneously tied having a type certificate to the ability to define the appropriate category, class and type of aircraft. In actuality, the FAA has the ability to determine definitionally under 14 CFR 1.1 what category and class of aircraft it is. Additionally, the FAA notes that unmanned aircraft were not contemplated in the FAA regulations when they were conceived, and that unmanned operations are unique—autonomy, airspace, capability, people on board, etc.—and do not fit into the traditional category and class framework. 46 § 61.63(d). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 to support continuous training improvement. ICAO Annex 1 contains a recommended transitional measure in section 2.1.1.4 that permits a licensing authority to endorse a type rating for a powered-lift category on an existing airplane or helicopter category pilot license (i.e., certificate). Application of this optional transitional measure would require the endorsement of the rating on the license to indicate that the aircraft is part of the powered-lift category and the training for the type rating must have been completed during an approved training course incorporating all relevant aspects of operating an aircraft of the powered-lift category, taking previous experience of the applicant into account as appropriate. Joby stated the FSB operational evaluation process is adaptable within the type rating framework by providing appropriate consideration of new technologies or unique training needs, including special emphasis areas (training requirements) and specific flight characteristics (checking requirements) unique to a type. Supernal said ICAO would add category and class ratings at a later date when such additions could be supported by data. L3Harris posited that once sufficient experience is gathered, the FAA could reevaluate the category requirement and implement permanent rules as needed. GAMA resubmitted the ‘‘GAMA Manufacturer Consensus Recommendations for the FAA’s Powered-Lift Special Federal Aviation Regulation (SFAR)’’ providing insights from the powered-lift industry to the FAA regarding SFAR regulation.47 Participants in the letter highly encouraged the FAA to reconsider the GAMA member consensus initiative aligned with ICAO,48 as it promotes adaptability, harmonization with international standards, and 47 As noted in the NPRM, on July 21, 2022, GAMA submitted a letter to the FAA providing its recommendations regarding consensus standards for powered-lift. The FAA has placed a copy of this letter in the docket for this rulemaking. On August 17, 2022, the FAA met with GAMA to discuss eVTOL Entry Into Service. The FAA did not take the recommendations contained in the letter or the contents of the meeting into consideration while developing the NPRM. GAMA resubmitted the letter and information related to the listening session to the docket in response to the NPRM. The FAA has incorporated responses throughout this preamble appropriate to the respective subject matter. FAA–2023–1275–0086. 48 The FAA interprets GAMA’s broad reference to ‘‘ICAO guidance’’ in their comments, subsequently referenced throughout this preamble, as a reference to ICAO Doc. 10103 and recommendations in the applicable ICAO Annex. PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 collaboration with other aviation authorities. The commenters supported the ICAO guidance as recognizing that pilot qualification and training shall be based on an aircraft’s capabilities. GAMA further commented that the type rating for powered-lift should be defined in accordance with FAA’s existing Operational Evaluation Board Process in a manner appropriate for each aircraft. In sum, given the global nature of the eVTOL industry, GAMA stated adopting an approach that reflects the ICAO framework is imperative. The Advanced Air Mobility Institute suggested that harmonization and coordination with EASA would reduce bureaucratic hurdles and minimize duplication of efforts. Additionally, the Advanced Air Mobility Institute asserted that through a joint approach, seamless training and certification procedures can be facilitated, leading to enhanced efficiency and benefits for all stakeholders involved. The FAA first notes that the transitional measure is a recommendation 49 and not a standard. Under Articles 37 and 38 of the Chicago Convention, the U.S. is required to comply with ICAO standards or notify ICAO of differences. However, because section 2.1.1.4 is a permissive recommendation, the FAA is neither required to comply with the transitional measure nor file a difference with ICAO when deviating from recommended practices. As discussed in the NPRM, the FAA duly considered implementation of section 2.1.1.4 and declined to disrupt FAA’s traditional airman certification framework by the addition of a type rating within a wholly different aircraft category to an existing certificate with a different category rating. Since 1997, part 61 has included regulations for powered-lift pilot and flight instructor certification. The FAA concedes that those regulations do not adequately address the unique challenges of introducing a new category of aircraft to civil operations; therefore, through this SFAR, the FAA chose to facilitate alternative measures for a pilot to directly receive a powered-lift category rating and a powered-lift type rating. Similar to the conditions set forth in ICAO’s transitional recommendation, these alternative measures to receive a powered-lift category and type rating would be completed during training 49 Annex 1 defines Recommended Practices, in pertinent part, as any specification of which the uniform application is recognized as desirable in the interest of safety, regularity, or efficiency of international air navigation, and to which Contracting States will endeavor to conform in accordance with the Convention. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 provided under an approved or proposed training curriculum 50 and would take previous experience of an applicant in an airplane or helicopter into account, as appropriate.51 The FAA acknowledges commenters’ suggestions to more strictly align with ICAO’s recommended transitional measure in section 2.1.1.4, reiterated in section 955 of the 2024 FAA Reauthorization. The FAA notes that commenters generally disagreed with the FAA’s proposal to keep the powered-lift as a separate category of aircraft. These commenters stated that ICAO’s standard provides an equivalent or higher level of safety but failed to provide supporting rationale as to why the FAA should deviate from its generalized airman certification framework in existence or how the transitional measure would provide an equivalent or higher level of safety to meeting the longstanding aeronautical experience requirements specific to a category of aircraft. Additionally, the FAA notes that ICAO Annex 1 does not forego the powered-lift category completely but gives the temporary option of an alternate means for a member state to implement the powered-lift category. The FAA maintains that while powered-lift vary widely within the respective category, they are essentially a hybrid between an airplane and a helicopter with a distinct foundational set of characteristics.52 Therefore, assurance of proficiency in those characteristics is an essential element of airman training that may be lost if a type rating, with no minimum flight hour or flight training requirement before testing for such rating,53 is simply added to an existing airplane or helicopter rating, thereby rendering it impracticable for the FAA to wholly align with ICAO Recommendation 2.1.1.4, as explained throughout this section. While these pilots have significant prior experience operating in the NAS by virtue of holding a certificate with an airplane category rating or rotorcraft category, helicopter class rating, the experience is not tailored to powered-lift operations (the subsequent section of this preamble 50 See §§ 194.217, 194.219, 194.221, 194.223, 194.225, 194.227, 194.229, 194.231. 51 I.e., by virtue of the proposed eligibility prerequisites for pilots to utilize the relieving alternate framework that will be set forth in part 194. 52 See 14 CFR 1.1, Powered-lift definition: a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight. 53 § 61.63(d). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 explains the FAA’s finding on the value of the category rating). The FAA recognizes there is a fine line between a powered-lift being so unique that none resemble each other, thereby eliminating the similarities associated with a category of aircraft, and all powered-lift possessing similar fundamental characteristics such that a category rating remains essential. The subsequent section discusses additional comments received on the FAA’s proposal to retain the powered-lift category and the safety benefit of doing so. This preamble also provides discussion of simulator time in section V.D. of this preamble. Value of the Powered-Lift Category Several commenters discussed the powered-lift category. As previously stated, the predominant position identified a perceived inconsistency between the FAA’s statements about the uniqueness of powered-lift to support a universal type rating requirement and those statements supporting the powered-lift category rating as foundational. Additionally, commenters discussed the burden and barriers that a powered-lift category rating requirement would bestow on operators. CAE, NBAA, and Eve stated that a powered-lift category rating would create challenges in developing an initial cadre because it would require an FSB team to spend several months with the manufacturer to receive training compared to a type rating, which would only require a few weeks, according to the commenters. Joby and NBAA stated the category-based approach is potentially unsafe because it could lead to a negative transfer of skills between aircraft.54 Similarly, an individual commenter noted that pilots of aircraft that operate primarily in wing-borne flight mode (e.g., F–35, AV–8) may not be properly trained to fly aircraft that possess the unique aerodynamic and handling qualities-related effects of aircraft that generate thrust via proprotors. Lilium suggested that, should the FAA maintain the requirement for a powered-lift category rating, the FAA should credit commercial pilot and ATP flying experience toward the poweredlift category rating. Specifically, Lilium stated an approach should focus on powered-lift type rating specifics with a combined check at the end of training. Finally, HAI generally expressed that the FAA should credit time logged in 54 The FAA acknowledges difficulties with entry into service for aircraft with single controls. Section V.D. of this preamble addresses these challenges. PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 92317 both airplanes and helicopters in the qualification framework. The FAA considers the aircraft category rating to be a key element of airman certification for ensuring persons exercising the privileges of their pilot certificate possess a common level of competency. To be eligible to obtain a category rating, a person must complete set hours of flight time and flight training in the category of aircraft. Moreover, unlike class ratings within a category, a pilot who holds a category rating and seeks to add a new category to their pilot certificate must meet all of the flight time and flight training as would be required for an initial category rating.55 Nearly 30 years ago, the FAA identified the need to establish a new powered-lift category for emerging technology.56 At that time, the FAA explained that these regulations were necessary to respond to the future needs of aviation because industry was developing powered-lift and the pilot certification standards did not adequately reflect the certification requirements for powered-lift.57 Like airplanes and rotorcraft, modern powered-lift vary significantly in terms of operational capabilities and complexity. However, like airplanes and rotorcraft, the FAA has determined that the wide range of current powered-lift in development share enough design attributes to establish a common aircraft category and ensure that a new powered-lift pilot has the necessary aeronautical experience to safely operate that category of aircraft in the NAS. The FAA notes that, for purposes of airman certification, an aircraft category groups similar aircraft that are designed to produce lift in a certain way. The characteristics of each category and how it produces lift lends itself to unique conditions a pilot would experience exclusive to the category of aircraft being operated. Powered-lift pilots operating a powered-lift may conduct operations that are similar to airplanes and helicopters, but the pilot’s experience in either category is unique to that category and would not (1) 55 Under § 61.63(c)(3), a person who seeks to add a class rating in the same category of aircraft is not required to complete the prescriptive flight training requirements for an initial class rating but rather must only have a logbook or training record endorsement from an authorized instructor attesting that the person was found proficient in the appropriate areas of operation. Under § 61.63(b)(1), a person adding a category rating must complete all of the aeronautical experience requirements for the certificate level. 56 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, NPRM, 60 FR 41160 (Aug. 11, 1995); final rule, 62 FR 16220 (Apr. 4, 1997). 57 62 FR 16220 at 16230 (Apr. 4, 1997). E:\FR\FM\21NOR2.SGM 21NOR2 92318 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 completely prepare the pilot for what may be encountered in a totally unique category of aircraft and (2) would not have the same unique conditions as a result of the production of lift by just wings or engine or just a rotor system. Pilots maintain proficiency on specific flight characteristics based on these differing categories of aircraft (e.g., their unique production of lift), such that category flight experience is not a comprehensive fit to another category. For example, unique conditions specific to only an airplane or only a helicopter include engine failures and vortex ring state. During a loss of power in a multiengine airplane, a pilot must be cognizant of the speeds at which they are flying because a pilot of a multiengine airplane could encounter a loss of directional control attributed to operations below the airplanes published VMC.58 In a multiengine airplane, operations below VMC result in a loss of directional control because the thrust is provided directly by the multiple engines. In a helicopter, the engines power a drive train that provides thrust through a rotor system. Since the thrust is not being directly provided by the engines in a helicopter there is no published VMC. Therefore, a helicopter would not experience loss of directional control because of operations below VMC as outlined for a multiengine airplane. Likewise, a pilot of a helicopter must be proficient in recovering from a vortex ring state, which is a transient condition of downward flight in which an aircraft descends through the air after previously ingested by the rotor system causing portions of the rotor blade to stall. If not corrected, the pilot experiences significant descent rates that require immediate intervention unique to a helicopter.59 This condition is the result of the operation of a helicopter’s rotor system producing downwash. As an airplane does not have a rotor system, this condition would not occur in an airplane. These examples are specific to the category of aircraft in which they are encountered, of which, a powered-lift may or may not ever experience. Moreover, powered-lift are operationally capable of both vertical takeoffs and landings as well as horizontal flight. This increased transitional complexity means an aircraft, while perhaps having some similar characteristics as an 58 V MC is a calibrated airspeed at which following the sudden critical loss of thrust the pilot would still be able to maintain directional control of the multiengine airplane. See Airplane Flying Handbook, FAA–H–8083–3C (2021), page 13–2. 59 FAA Helicopter Flying Handbook FAA–H– 8083–21B at 11–9. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 airplane or helicopter, has very unique and more novel conditions that may arise that would preclude crediting airplane or rotorcraft hours to count as comparable experience. Given these characteristics, a pilot operating a powered-lift must be proficient in adverse conditions related to both horizontal flight and vertical take-off and landings (i.e., certain airplane and helicopter characteristics), as all powered-lift have these capabilities regardless of the size, and any other powered-lift specific condition that may arise. A pilot who holds only a pilot certificate with an airplane category rating would lack proficiency in vertical takeoffs or landings and wouldn’t be familiar with unique characteristics of flight that may be similar to a helicopter. Likewise, a pilot who holds a pilot certificate with only a rotorcraft category with helicopter class rating could lack proficiency in conditions related to horizontal flight similar to that of an airplane. Proficiency in both is required for any powered-lift, regardless of size, that may not be sufficiently covered in type rating training focused on a specific aircraft rather than universal category-shared characteristics. Therefore, the FAA disagrees with the notion that requiring a powered-lift category introduces safety risks into the NAS and maintains that the foundational characteristics necessitate a generalized powered-lift category rating. In making this determination, the FAA also examined the areas of operation and tasks required to be performed to obtain a powered-lift category rating versus those required for a powered-lift type rating. The FAA found that the areas of operation covered when an applicant takes a practical test for a commercial pilot certificate with a powered-lift category rating are more expansive and include foundational concepts and skills necessary to operate any powered-lift in the NAS. In comparison, the areas of operation that are covered for a powered-lift type rating tend to be more narrowly tailored to a particular powered-lift, assuming the applicant would have the foundational category skills (or be concurrently attaining such proficiency). For example, broader Areas of Operation (AOO) such as airport and heliport operations (III), rapid deceleration/quick stop (AOO VI, Task A), slow flight and stalls (AOO VIII); high altitude operations (AOO X); and special operations (AOO XI) appear on the powered-lift category rating test PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 as foundational category elements,60 but are not covered on the powered-lift type rating test, nor would some of these foundational elements be covered on an airplane category or rotorcraft category, helicopter class practical test.61 Comprehensive proficiency to facilitate safe operations in the NAS must include these foundational elements, among others set forth in the applicable ACS, that may be overlooked given a typerating only training and practical test. Additionally, the FAA also notes the practical complexities of subjective assignment of an aircraft category as suggested by GAMA. Without a clearly communicated standard under which powered-lift would be certificated, the regulated community would be at a disadvantage in (1) lack of advanced notice of certification requirements (e.g., if a powered-lift was assigned in the airplane category during the type certification process, but the manufacturer only employed helicopter pilots), (2) arbitrary determination frameworks (e.g., how close a poweredlift would be required to align with the helicopters or rotorcraft to be in that category, whether it was a key system determination driver, etc.), and (3) potential absence of consistency in operational requirements (e.g., minimum safe altitude requirements 62 and emergency equipment for overwater operations 63 differ for helicopters and airplanes). Joby provided two examples of how the FAA’s proposal to maintain a powered-lift category rating would introduce unanticipated safety risks. In Joby’s first example, a person intends to operate a large, turbine-engine poweredlift. The individual seeks to meet the requirements of § 61.129(e)(1) 64 by 60 Commercial Pilot for Powered-lift Category ACS (FAA–S–ACS–2). 61 The FAA notes that the Commercial Pilot for Powered-Lift Category ACS sets forth a table indicating the required tasks for each area of operation tested in accordance with the ACS for the addition of a powered-lift category rating to an existing commercial pilot certificate, which results in an abbreviated test for SFAR pilots where there is overlap in foundational elements between categories. For example, pilots who possess a commercial pilot certificate with an airplane category rating (and any airplane class rating) are not required to test again on high altitude operations (AOO X). 62 Section 91.119(d) permits a helicopter to operate at less than the minimums prescribed in § 91.119(b) or (c) provided the operation is conducted without hazards to persons or property on the surface and that each person operating the helicopter complies with any routes or altitudes specifically prescribed by the FAA for helicopters. 63 §§ 135.167 and 135.168. 64 Section 61.129(e)(1) requires an applicant for a powered-lift rating at the commercial pilot certificate level to obtain 100 hours of flight time in powered aircraft of which 50 hours must be in powered-lift. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 operating a small powered-lift with a significantly dissimilar pilot interface, for economic considerations. Joby posits there is a negative transfer of piloting skills from the operation of the dissimilar aircraft. In Joby’s second example, a person has obtained a powered-lift instrument rating in a powered-lift with airplane-like controls. The person then seeks to operate a powered-lift with helicopter-like controls. When the pilot encounters instrument meteorological conditions (IMC), they do not have the piloting skills or experience to operate the aircraft safely or experience negative transfer of pilot skills from operation of the dissimilar aircraft. Joby stated that the powered-lift instrument rating may give a pilot the confidence to fly in IMC when they are not prepared for the piloting task. The central safety risk at issue in these two examples is cured by virtue of a type rating. If a person utilized a small powered-lift to build time for a powered-lift category rating to eventually fly a large, turbine-engine powered-lift, they will still be required under adopted § 61.31(a)(3) to obtain a type rating for the large powered-lift. The required type rating training and testing for a type rating intends to cover any operational proficiency gap between powered-lift types. Similarly, in Joby’s second example, the person will be required to obtain a type rating both in a powered-lift with airplane-like controls and in a powered-lift with helicopter-like controls. While the instrument-powered-lift rating is not type-specific within the powered-lift category,65 the type rating, which requires training and testing, will establish the pilot’s proficiency in the specific aircraft which thereby addresses any possible safety gap.66 In developing the NPRM, the FAA reconsidered whether to utilize the long-established powered-lift category as a means to integrate pilot certification of powered-lift pilots. The FAA determined that enabling the existing powered-lift category was the most logical means of establishing an existing cadre of powered-lift pilots without relying solely on pilots who received certification through existing military competency provisions. Therefore, the FAA will retain the requirement to obtain a powered-lift category rating as proposed. 65 The FAA notes that the instrument rating is, likewise, not type specific within the airplane category or rotorcraft category, helicopter class. 66 For example, AOO V in the ATP and Type Rating for Powered-Lift Category ACS requires the applicant to demonstrate certain instrument procedures. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Relatedly, as discussed in the NPRM, the FAA notes that some powered-lift have been issued special airworthiness certificates for experimental purposes in accordance with § 21.191 and foresees a need to continue this kind of certification in the future. In general, experimental aircraft are not subject to the same airworthiness standards as those aircraft holding standard airworthiness certificates (e.g., regulatory design, build, maintenance, and inspection requirements). In accordance with § 91.319(i), the Administrator may prescribe additional operating limitations for experimental aircraft where necessary for safety and risk mitigation with various hazards inherently introduced by experimental aircraft. The FAA has employed the operating limitations issued with an experimental airworthiness certificate to require pilots to hold category and class ratings for all experimental aircraft and additional authorizations for certain experimental aircraft even when no passengers are carried on board.67 As with experimental airplanes and experimental rotorcraft, the FAA will apply category ratings and other authorizations (e.g., the authorization to act as PIC) through operating limitations for experimental powered-lift, as warranted. Establishment of Powered-Lift Classes Some commenters disagreed with the FAA’s conclusion that the creation of powered-lift classes is infeasible at this time. One individual stated there is potential for different classes within powered-lift, expressing concern that restricting powered-lift and pilot designations to only a type within the category could impede progressive growth. The commenter suggested a basic class structure, such as a tiltrotor class. Another individual commenter added that it would be useful to have the option to delineate classes because powered-lift can have broadly similar characteristics (e.g., utilizing proprotors for thrust, fly by wire, and similar operating characteristics and performance). The FAA contemplated establishment of powered-lift classes both in the 1997 rulemaking and in this rulemaking. Specifically, similar to the commenters’ suggestions, the FAA considered tiltrotor, tilt-wing, ducted fan, and vectored thrust classes. However, the FAA maintains that, given the lack of certificated powered-lift in the civilian market, establishing classes of poweredlift is infeasible because the powered-lift anticipated to enter the civilian market vary in unique configurations, or possibly a combination of configurations (e.g., tilt-wing, tiltpropeller, lift plus cruise, tilt plus cruise). The purpose of a class is to establish enough commonality of operating characteristics 68 and flight controls to allow for pilot skills to transfer from one aircraft of that class to another. For example, a multiengine airplane possesses ailerons, rudder, and elevator, all of which are controlled by flight controls in the flightdeck. Regardless of the make and model of the multiengine airplane being flown, these lifting surfaces will react similarly to flight control inputs by the pilot. This commonality of operating characteristics specific to airplanes allows for the transfer of pilot skills from one multiengine airplane to another. Additionally, many multiengine airplanes have feather propellers, propeller synchronization, fuel crossfeed, and other similar systems that pilots would recognize when operating a multiengine airplane from a broad perspective. Moreover, a pilot with proficiency in certain conditions arising from piloting an airplane with two engines would be similarly situated across this all-multiengine class of airplanes. For example, a pilot with a multiengine class rating would understand a published VMC, which is a calibrated airspeed that is marked on an airspeed indicator with a blue line, to indicate a critical airspeed a pilot must avoid if encountering an engine failure regardless of the multiengine airplane the pilot operates within the class (i.e., a transfer of skills and knowledge within the common set of characteristics).69 Unlike the multiengine airplane class example, the FAA is unable to identify commonalities, outside of those category-based characteristics, that will allow for transfer of pilot skills from one powered-lift to another within that group with certainty at this time. The FAA acknowledges the suggestions of classes by commenters (e.g., tilt-wing, tilt-propeller, etc.). However, the FAA maintains that the lack of civilian powered-lift at this time impedes the FAA determining that common characteristics of two poweredlift overcome drastically different characteristics in another area. For example, under the commenter’s suggestion, the Bell-Boeing V–22 Osprey 68 See 14 CFR 1.1, Class (1). additional information on VMC see the FAA Airplane Flying Handbook, FAA–H–8083–3C (2021), page 13–2. 69 For 67 See FAA Order 8130.2J, Appendix D, Table D– 1, Operating Limitations. PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 92319 E:\FR\FM\21NOR2.SGM 21NOR2 92320 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 and the AW609 would be of a common tiltrotor class; yet differences in inceptor arrangement, motion and effect of flight controls, and envelope protection strategies would result in substantially deviated operating characteristics such that a pilot’s knowledge, skills, and proficiency may not transfer. Therefore, because each powered-lift can have different configurations, unique inceptors, diversified flight controls, and complicated and distinctive operating characteristics, which are not traditionally present in overarching classes of aircraft to such a degree, the FAA maintains that type ratings best address the distinctive characteristics. A type rating will ensure the PIC possesses the requisite training and proficiency on each unique and central element of the powered-lift, regardless of broad characteristics that may be shared amongst certain powered-lift category. The FAA notes that this does not foreclose the possibility that classes could emerge at a later time. Type Rating Determination CAE stated that airman certification through the type rating, as determined by ICAO, should be tailored to the flight characteristics for each powered-lift as the aircraft may vary considerably depending on the aircraft design and the different modes in which they operate. Additionally, an individual requested that the FAA provide additional information as to the factors or standards that would be considered for type rating determinations. Specifically, the commenter asked how similarities or differences will be evaluated between two powered-lift, and what criteria will be used to deny or grant a type rating. The commenter provided a hypothetical, asking whether two powered-lift with different propulsion systems, control systems, or performance characteristics would require separate type ratings or whether they could be covered by a common type rating with differences training. As discussed in the NPRM, the FAA initiates a Flight Standardization Board (FSB) during the aircraft certification process for aircraft that require a type rating. Since each powered-lift will require a type rating, as set forth by adopted § 61.31(a)(3), an FSB will be formed to evaluate each powered-lift to make recommendations for the pilot type rating training (i.e., whether the training recommended by the manufacturer will enable the pilot to safely operate the aircraft in the NAS). Should a manufacturer later introduce a derivative or variant (e.g., model, series) of a type-certificated aircraft, the FAA VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 will conduct another FSB of the new aircraft and make recommendations to determine whether certain aircraft warrant the same type rating and for any differences training and checking or special training necessary to operate the aircraft in the NAS. Difference levels specify FAA requirements proportionate to, and corresponding with, increasing differences between related aircraft.70 These processes apply equally to all aircraft, including powered-lift. Therefore, in sum, the FAA notes that it is possible that a common type rating could emerge in the future if a single manufacturer produced multiple powered-lift sharing similar designs and operating characteristics; the FAA will procedurally apply the same steps to powered-lift as is currently implemented for the establishment of a common type rating. As previously discussed, the FAA proposed that all PICs seeking to operate a powered-lift would be required to receive a type rating. A type rating is a one-time, permanent endorsement on a pilot certificate indicating that the holder of the certificate has completed the appropriate training and testing as required by the applicable section of the Code of Federal Regulations.71 Section 1.1 of 14 CFR provides the definition of ‘‘type,’’ as it pertains to a rating, as a specific make and basic model of aircraft, including modifications thereto that do not change its handling or flight characteristics. Therefore, in some cases, a type rating includes the series of aircraft (e.g., Boeing 747–400), if applicable, and in other cases the type ratings only apply to one aircraft. The § 1.1 definition of type will apply to powered-lift as it applies to any other type of aircraft in the establishment of a type rating. Therefore, if during the type certification process the FAA determined that a make and basic model of powered-lift was modified, but to a degree so as not to change its handling or flight characteristics, that type rating might include the series of powered-lift. In addition, the FAA has procedures to establish a common type rating. A ‘‘common type rating’’ is a term used in FSB reports to describe a relationship between type ratings for aircraft with 70 Specifically, the FAA’s differences training framework constitutes five levels, in order of the increasing training and checking requirements necessary to address the necessary knowledge, skills, and abilities a pilot must demonstrate as applicable to an aircraft for which a pilot is already qualified and current during the initial transition or upgrade training for other related aircraft at a commercial operator. See AC 120–53, as revised, for additional information on difference levels. 71 ‘‘Rating’’ is defined in 14 CFR 1.1 as a statement that, as a part of a certificate, sets forth special conditions, privileges, or limitations. PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 different type certificates that have no greater than Level D training differences. For example, the B–757 and the B–767 are separate type ratings determined to have commonality and, therefore, have a common type rating.72 The type rating for a certificated aircraft can be determined to be related to another type rating of another certificated aircraft of the same make provided the aircraft meet the criteria of the T1 (equivalence) or the T2 (handling characteristics) and T3 (core pilot skills with no greater than Level D differences).73 Opposition to Removal of § 61.5(b)(7)(iii) Airbus Helicopters expressed concern regarding the proposed replacement of current § 61.5(b)(7)(iii), which sets forth the ratings that may be placed on a pilot certificate when an applicant satisfactorily accomplishes the training and certification requirements for other aircraft type ratings specified by the Administrator through the aircraft type certification procedures. Airbus Helicopters stated that replacing current § 61.5(b)(7)(iii) with ‘‘Powered-lift’’ could impact the normal category helicopter requiring a type rating and is not consistent with the proposal in ‘‘Chapter V.’’ 74 The commenter proposed replacing the current content of § 61.5(b)(7)(iv) (SIC pilot type rating) with ‘‘powered-lift’’ instead. While the commenter did not clearly describe what consequences may result from the proposed changes, the FAA disagrees with the commenter that the proposed language will have consequences on normal category aircraft. The provisions are simply reordered; current § 61.5(b)(7)(iii) will move to paragraph (b)(7)(iv) and current § 61.5(b)(7)(iv) will move to paragraph (b)(9). Simplified Flight Controls and Advanced Air Mobility Several commenters raised the topic of AAM 75 aircraft and powered-lift with 72 See Flight Standardization Board Report, Revision 11 (12/07/2020). 73 See, Advisory Circular, 120–53, as revised, Guidance for Conducting and Use of Flight Standardization Board Evaluations Appendix 1, Definitions and References. 74 Given the context of the comment, the FAA believes that commenter intended to refer to the FAA’s proposal in the NPRM preamble (88 FR 38946, June 14, 2023), specifically section V. Certification of Powered-lift Pilots. 75 Public Law 17–203 defines the terms ‘‘advanced air mobility’’ and ‘‘AAM’’ as ’’a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical takeoff and landing aircraft, in both controlled and E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 simplified flight controls 76 as it relates to type ratings. HAI stated that many AAM aircraft will not need type ratings to be operated safely and that many aircraft used in air taxi 77 operations today generally do not require type ratings. HAI recommended a cautious approach to type ratings when considering aircraft under development to serve the AAM market, specifically comparing aircraft used in air taxi operations flying in low altitude, dense urban environments, and congested airspace, where pilots are not generally required to hold a type rating. CAE generally echoed HAI’s statements regarding AAM. Additionally, CAE stated that aircraft designs with later introductions to the NAS might be semi-autonomous and use more of a push-button interface, simplifying demands on the pilot. CAE cited discussion from the FAA’s recently published NPRM commonly known as MOSAIC, where the FAA proposed to account for certain aircraft to use simplified flight controls.78 CAE emphasized that this concept could apply to all aircraft, advancing operations toward uncrewed operations. Similarly, AIR VEV disagreed with the type rating proposal as burdensome, specifically as it would apply to private pilots (discussed in the following section) operating simple powered-lift that do not possess complex characteristics and safety risk aspects of existing aircraft that require a type rating. AIR VEV disagreed with the FAA’s assumption that all manufacturers intend to produce powered-lift for commercial purposes. Specifically, AIR VEV noted that, as an OEM, they seek to develop a poweredlift to be utilized for initial pilot certification at the private pilot certificate level and that their powereduncontrolled airspace.’’ Public Law 17–203 (Oct. 17, 2022). 76 ‘‘Simplified flight controls’’ here has the same meaning as the proposed definition contained and in the Modernization of Special Airworthiness Criteria (MOSAIC) NPRM. An aircraft with simplified flight controls meets three criteria: (1) the pilot can only control the flight path without direct manipulation of individual aircraft control surfaces or adjustment of the available power; (2) the aircraft is designed to prevent loss of control regardless of pilot input; and (3) the aircraft must have a means of enabling the pilot to discontinue flight quickly and: safely and the means by which flight is discontinued is designed to prevent inadvertent activation. See MOSAIC NPRM: www.federalregister.gov/documents/2023/07/24/ 2023-14425/modernization-of-specialairworthiness-certification. 77 The term ‘‘air taxi,’’ as used by this commenter refers to AAM operations. It is not a reference to operations by an air taxi operator as defined in 14 CFR 298.3. 78 Modernization of Special Airworthiness Certification NPRM, 88 FR 47650 (July 24, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 lift will not possess the same characteristics underlying the reason for a type rating as currently set forth by § 61.31. AIR VEV claimed that the type rating requirement is at odds with the MOSAIC NPRM because this poweredlift rulemaking would require a type rating for the entire category of light sport aircraft. AIR VEV urged the FAA to follow the MOSAIC proposal of training and an endorsement for those powered-lift with simplified flight controls rather than the type rating requirement. An individual also supported a caseby-case type rating determination, citing a variety of autonomous factors including, in pertinent part: complexity and uniqueness of control laws (CLAWs), level of automation, control strategies, and ease or difficulty of recovery from failure modes and automation response to such failures. The individual stated that most machines employ highly automated flight controls, which would make it easier for pilots to operate different powered-lift once they understand the underlying system. The individual stated that several manufacturers are working on platform-independent CLAWs that are highly automated and inquired how the FAA would respond if industry standardization dominated powered-lift designs (e.g., a single type rating under this commonality). In the MOSAIC NPRM, the FAA recognized the rapid advancements in aircraft automation and flight control technology and noted that interfaces and flight controls may no longer resemble those found in traditional flight decks specifically in the context of light-sport aircraft.79 Section 1.1 of 14 CFR currently sets forth a definition for light-sport aircraft; the MOSAIC NPRM proposed to eliminate the definition in § 1.1 and instead proffer performancebased standards for aircraft, including powered-lift, to be certificated as lightsport category aircraft. To commenters’ points, MOSAIC proposed § 22.180, which would facilitate the certification of aircraft designed with simplified flight controls subject to certain conditions.80 79 See 88 FR 47650 (July 24, 2023), see proposed § 22.180. 80 Specifically, for an aircraft to be designated as having simplified flight controls, proposed § 22.180 would require: (1) the pilot could only control the flight path of the aircraft or intervene in its operation without direct manipulation of individual aircraft control surfaces or adjustment of the available power, (2) the aircraft would be required to be designed to prevent loss of control, regardless of pilot input, and (3) the aircraft would need to have a means to enable the pilot to discontinue the flight quickly and safely. See 88 FR 47674 (July 24, 2023) for additional discussion. PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 92321 Additionally, in the MOSAIC NPRM, the FAA proposed certain part 61 qualification requirements to address pilots and flight instructors qualified to operate simplified flight control systems. Thus, the FAA proposed additional training specific to the particular make and model of aircraft with a simplified flight controls designation to ensure a pilot would be sufficiently proficient in the operation of that aircraft. Therefore, the FAA proposed qualification for simplified flight controls be attained by training and an endorsement and, in some cases, a practical test. Specifically, MOSAIC would permit any certificated pilot, regardless of certificate level,81 who holds the appropriate category and class to operate a simplified flight controldesignated aircraft only after receiving the model-specific training and endorsement from an authorized flight instructor specific to the safe operation of each simplified flight control designated aircraft. As stated in the MOSAIC NPRM, simplified flight control designs will vary from one aircraft to another (i.e., model to model), necessitating the model-specific training. Similarly, powered-lift will vary from one aircraft to another (i.e., type to type), regardless of whether they possess simplified flight controls. Where MOSAIC proposed to address the variance of simplified flight control handling characteristics via training and an endorsement, this final rule requires a type rating of all powered-lift to ensure proficiency in the aircraft. The FAA finds that applying only a vague amount of training verified by an endorsement requirement mirroring that proposed in MOSAIC, as urged by some commenters, would vastly underprepare a pilot to operate a wholly new category of aircraft. The FAA notes that the training and endorsement regime proposed by MOSAIC relies on the premise that a pilot would already hold a pilot certificate in that specific category. For example, should MOSAIC be finalized as proposed, a person who holds a sport pilot certificate with rotorcrafthelicopter simplified flight controls privilege with the model-specific limitation who seeks to operate another model of rotorcraft-helicopter with simplified flight controls would complete the training and endorsement required by the proposal. This scenario is not applicable to the emergence of a new category of aircraft for commercial, 81 The FAA chose not to consider powered-lift privileges for sport pilots, given the complexity and ongoing development of powered-lift designs and associated pilot certification considerations herein. E:\FR\FM\21NOR2.SGM 21NOR2 92322 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 passenger-carrying operations such that training and an endorsement establishes an acceptable level of safety in the NAS. Furthermore, although many powered-lift coming to market employ some simplified flight controls, none have currently made it through the aircraft certification process. Based upon the understanding of the current industry and market, the FAA maintains that the powered-lift that are coming to market are sought to be used in commercial passenger-carrying operations. Considering the FAA’s safety continuum,82 a higher expectation of safety exists for commercial operations with transport aircraft than for a 2- or 4-passenger general aviation aircraft, such as a light sport aircraft, for a variety of factors, including, but not limited to, complexity and performance, number of passengers, risk to persons and property on the ground, risk assumed by the pilot and flightcrew, and risk assumed by the passenger. Therefore, a powered-lift with simplified flight controls would still necessitate training and operational rules applicable to other similarly situated operators using helicopters and airplanes to achieve this level of safety (e.g., the level of aeronautical experience, skill, and knowledge expected of a pilot engaging in commercial operations). The FAA agrees that it has established a type rating for purposes other than are normally considered under § 61.31(a) and recognizes that a type rating for a private pilot certificate will result in a dissimilar training footprint for those operators who seek to provide training at the initial private pilot certificate level (i.e., in airplanes and helicopters). However, as previously discussed, the FAA is unable to establish a class of powered-lift at this time and determined that a type rating is necessary, even at the private pilot certification level, to carry out the privileges of that certificate. Additionally, the FAA sought to remove barriers and to ensure pilot groups training outside of the SFAR could take advantage of the distance reduction for aeronautical experience at the private pilot certificate level as discussed in section V.F.4. of this 82 The FAA evaluates hazards and risk, balancing between safety and societal burden. The FAA then determines its safety oversight responsibilities considering factors, such as complexity and performance, number of passengers, risk to people and property on the ground, risk assumed by the pilot/flightcrew, risk assumed by the passenger(s), engineering judgment. See www.faa.gov/sites/ faa.gov/files/about/office_org/headquarters_offices/ avs/AIR_principles.pdf, The Safety Continuum—A Doctrine for Application, September 2014, FAA Docket No. FAA–2015–1621–0018. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 preamble and does not mandate a private pilot also hold or concurrently obtain an instrument rating as discussed in section V.F.4. of this preamble to balance those operational considerations typical of a private pilot. The FAA seeks to glean data and information from this approach to inform a future rulemaking. Once a base of pilots emerges via the flexibility enabled in this SFAR, pilots will be joining the industry through more conventional means and, if necessary, the FAA will be able to alter its approach when it pursues permanent regulations. Miscellaneous Type-Rating Comments HAI stated that the length of the SFAR, while intended to be temporary, indirectly creates a permanent type rating requirement because the implementation cost and company reliance on a 10-year regulation may not be recovered and may be used to justify the type rating in perpetuity. The FAA notes that it proposed to permanently amend § 61.31(a) to include powered-lift as a type rating that a pilot would need on his or her pilot certificate. Although the FAA is adopting this permanent change, this doesn’t foreclose further amendments within the time frame of the SFAR. Future advancements in technology within the lifecycle of the SFAR, or possible emergence of a class, could prompt the FAA to initiate a rulemaking to enable that effect. CAE stated that some powered-lift, particularly those intended for part 91 operations by private operations,83 might not require a type rating at all because the FSB would determine that no type rating is necessary. Instead, CAE suggested that the FSB could require manufacturer-required training, mandated by the AFM, and developed in accordance with AC 61–137B through existing authority in § 61.31(h), which requires ‘‘type specific’’ training and endorsement. NBAA echoed CAE’s comments. The FAA’s intent is to use the SFAR structure to provide enough time and operational experience to consider whether type ratings will be necessary for future AAM aircraft. At present, no powered-lift have obtained the amount of operating experience necessary to provide the FAA with enough information to justify an alternate approach from that which was proposed. However, the SFAR structure will provide the FAA the flexibility to reconsider the type rating approach to 83 By using ‘‘part 91 private operations’’ the FAA interprets the commenter to refer to operations conducted under part 91 by private pilots. PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 certification in the future after aircraft certification and operational experience deem it possible to remove the requirement for a type rating without an adverse effect on operational safety. With respect to CAE’s suggestion for the FSB to require manufacturer-required training utilizing the authority contain in § 61.31(h) rather than determine the applicability of a type rating, the FAA disagrees. Using § 61.31(h) to impose type-specific training requirements for all powered-lift would result in the imposition of requirements on industry outside the regulatory process without providing an opportunity for notice and comment. Furthermore, the FAA disagrees that requiring manufacturer required training mandated through the powered-lift flight manual would be an appropriate avenue to require typespecific training. A manufacturer is free to outline training in an AFM; however, there would be no regulatory requirement to ensure this training remained in the respective powered-lift flight manual past initial type certification. Requiring compliance with a training program in this manner would be a novel concept requiring FAA approval and oversight, which was not proposed in this rulemaking. While the FAA notes that part 91 operations are required to comply with the operating limitations set forth in the AFM, pursuant to § 91.9(a), the standing regulations do not require continued compliance or alignment with training programs or parameters should they be set forth in an AFM. Amendment to § 61.31(l) As discussed, § 61.31 sets forth requirements for type ratings, additional training, and certain authorizations. Paragraph (l) specifically provides exceptions to, first, the section as a whole in § 61.31(l)(1) and, second, the rating limitations of § 61.31(c) and (d) specifically in § 61.31(l)(2). Currently, § 61.31(l)(1) excludes operators of aircraft not type-certificated as airplanes, rotorcraft, gliders, lighterthan-air aircraft, powered-lift, powered parachutes, or weight-shift-control aircraft from § 61.31 applicability (i.e., the requirement to hold category and class ratings). This provision is meant to create an exception for aircraft for which there is no established category or class rating (e.g., hoverboards, jetpacks). The FAA determined that use of the term ‘‘type-certificated’’ could create confusion since not all aircraft that meet the regulatory definition of airplane or rotorcraft will be typecertificated. Further, the FAA determined the provision could be read as conflicting with more specific E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations exceptions for experimental aircraft in § 61.31(l)(2). Therefore, the FAA proposed to clarify the intent of this exception in paragraph (l)(1) by specifying that the section does not require a category and class rating for operators of aircraft that are not identified as an aircraft under § 61.5(b). The FAA did not receive comments on this proposal and adopts § 61.31(l)(1) as proposed with minor non-substantive edits for clarity. The FAA further analyzed this revision during the pendency of this rulemaking and determines that a conforming amendment is necessary to implement paragraph (l)(1) as intended and as it applies to the facilitation of powered-lift pilot certification. Many experimental aircraft have not yet achieved type-certification. As such, prior to removing the term ‘‘typecertificated’’ from paragraph (l)(1), the category and class exception in that paragraph would have applied to those experimental aircraft ‘‘not typecertificated.’’ Therefore, pilots utilizing experimental aircraft are excepted from holding a category and class rating for those aircraft ‘‘not type-certificated’’ set forth in current § 61.31(l)(1), provided no other rule or aircraft operating limitation requires them. The adopted revision to § 61.31(l)(1) clarifies that pilots of such experimental aircraft will, indeed, be required to hold category and class ratings, unless one of the exceptions noted in § 61.31(l)(2) applies. Specific to experimental aircraft, § 61.31(l)(2)(iii)(B) excepts a person operating an aircraft under the authority of an experimental certificate from the rating limitations of § 61.31(c) and (d), provided the person holds a pilot certificate and no passengers are carried. Effectively, a certificated pilot could operate without the relevant category, class, or type, if applicable, provided no passengers are carried, and provided no other rule or operating limitation requires them. One purpose of the SFAR is to develop a pool of rated powered-lift pilots and instructors. As discussed in section V.F. of this preamble, test pilots and instructor pilots will operate the experimental powered-lift to provide the flight training set forth in new part 194. The FAA reviewed whether the revision to § 61.31(l)(1) could have an unintended consequence requiring the operator of an experimental powered-lift to hold category, class, and comply with any other ratings limitations of § 61.31, adversely impacting the development of the powered-lift fleet and initial pilot cadre by requiring instructors to hold a powered-lift category rating to provide flight training. Specifically, even though VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 the powered-lift will be experimental, it will still be identified as an aircraft under § 61.5(b) (i.e., a powered-lift). While § 61.31(l)(2)(iii)(B) states that the rating limitations of § 61.31(c) and (d) do not apply to the holder of a pilot certificate when operating an aircraft under the authority of an experimental certificate, this exception only applies specifically when the operation does not involve the carriage of passengers. With the recent publication of the Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges final rule,84 § 61.1(b) now defines ‘‘passenger’’ for purposes of part 61 as any person on board an aircraft other than a crewmember; FAA personnel; manufacturer personnel required for type certification; or a person receiving or providing flight training, checking, or testing as authorized by part 61. The FAA finds it unnecessary to further modify § 61.31(l)(2)(iii)(B) as it pertains to powered-lift because the definition of passenger excludes FAA personnel and manufacturer personnel associated with type certification. The regulation now explicitly allows these persons to be carried onboard without the PIC holding category and class ratings because they are onboard the experimental aircraft for specific purposes, generally to fulfill regulatory obligations, and possess knowledge of the risks associated with those purposes (e.g., flight test engineers).85 As written, § 61.31(l)(2)(iii)(B) will continue to enable pilots of experimental aircraft to operate without holding the relevant category or class rating in the circumstances previously described. Importantly, in accordance with § 91.319(i), the Administrator may prescribe additional limitations to experimental aircraft, including limitations on the persons that may be carried in the aircraft. These additional limitations may require pilots to hold category, class, or other ratings or limitations in certain situations. These additional limitations are issued as operating limitations at the time of airworthiness certification of the aircraft 84 Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges final rule, 89 FR 80310 (Oct. 2, 2024). 85 For purposes of the SFAR, these individuals will be conducting these official duties in addition to complying with the SFAR for the purposes of receiving powered-lift ratings as FAA personnel or manufacturer personnel that are required for type certification. Definitions of these personnel for the purposes of this SFAR are further discussed in section V.F.2.i. of this preamble. PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 92323 and must be complied with, in accordance with § 91.9.86 B. Applicability of the Type Rating Requirement to Military Pilots Currently, § 61.73(a) permits a military pilot or former military pilot 87 who meets certain requirements to apply based on their military pilot qualifications for a commercial pilot certificate with the appropriate category and class rating, an instrument rating with the appropriate aircraft rating, and a type rating.88 Similarly, a military instructor pilot or pilot examiner (including a former instructor pilot and former pilot examiner) may apply for a flight instructor certificate with appropriate ratings, subject to certain requirements under § 61.73(g). The NPRM did not propose any changes to these processes as it relates to powered-lift; in other words, military pilots with the appropriate experience and documentation may apply for a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, a powered-lift type rating, and a flight instructor certificate with powered-lift category and/or instrument-powered-lift ratings under § 61.73. In fact, currently, the only FAA-certificated powered-lift pilots are those who have received their certificates through military competency. However, due to the absence of any type-certificated powered-lift,89 military pilots who have received an FAA powered-lift category rating are currently limited in their ability to exercise those privileges in civil operations. ALPA supported the FAA’s position that military experience in powered-lift should not by itself waive the requirement to obtain a type rating. ALPA also agreed that military pilots should be able to receive a military equivalent of a commercial powered-lift instrument certificate, but that experience should not exempt those pilots from completing the requisite training and certification required for 86 See § 91.9 Civil aircraft flight manual, marking, and placard requirements. 87 For purposes of this preamble, references to ‘‘military pilots’’ are inclusive of former U.S. military pilots. 88 Military pilots who receive an FAA certificate through § 61.73 must continue to follow FAA regulations to exercise the resulting FAA certificate(s) (e.g., recency of experience requirements in § 61.57). 89 At the time of publication of this final rule, the only powered-lift that have entered civil operations are those issued an experimental airworthiness certificate. For those manufacturers currently developing powered-lift, operating limitations pertaining to pilot qualifications may be applied to experimental powered-lift. FAA Order 8900.1 Vol. 5, Chap. 9, Sec. 2. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92324 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations civilian pilots for a powered-lift type rating. HAI stated that, if type ratings are required as proposed, military pilots should be allowed to obtain that rating for the aircraft the military pilot operated, or any civilian version of that aircraft, with requisite civilian pilot training provided by the employer. HAI stated this would make development of the initial cadre less dependent on manufacturers. As previously discussed in section V.A. of this preamble, the FAA will require pilots to hold a type rating for each powered-lift they fly, which would equally apply to military pilots. Currently, a military pilot could apply for a type rating for certain aircraft on the basis of the pilot’s military experience, and this final rule does not change that allowance extended to military pilots seeking to operate civilian powered-lift. Specifically, an aircraft type rating may be issued to a military pilot through § 61.73(e) only for a type of aircraft that has a comparable civil type designation by the Administrator. Because there are currently no military powered-lift for which comparable civil type ratings have been designated, military pilots with powered-lift experience are unable to obtain a powered-lift type rating pursuant to § 61.73 and, therefore, are limited to the issuance of a powered-lift category rating and an instrumentpowered-lift rating. However, should a civil type-certificated version of a military powered-lift become available, pilots with the appropriate military experience, as identified in § 61.73, would be eligible to receive the type rating in the same manner that airplane and rotorcraft military pilots currently receive them. Those military instructors who have obtained or will obtain a flight instructor certificate with a powered-lift category and instrument rating through military competency would be permitted to conduct flight training in a powered-lift only after obtaining a type rating on their pilot certificate for the powered-lift in which they conduct flight training.90 ALPA accurately noted that, as previously explained, the FAA’s current regulatory framework does not restrict a military pilot from obtaining a poweredlift category rating on a pilot certificate provided the military pilot meets the requirements set forth in § 61.73. There are no civilian powered-lift to date that have completed FAA type certification, however, the U.S. Armed Forces 90 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 maintains and utilizes powered-lift in military operations (e.g., the Bell-Boeing V–22 Osprey, McDonnell Douglas AV– 8 Harrier, F–35B Lightning II STOVL), where pilots establish experience operating these powered-lift. Should these military powered-lift transition into civilian operations and receive a comparable civilian type designation, the military pilot could apply to receive that aircraft type rating in accordance with § 61.73, as supported by HAI. While the FAA does not anticipate surplus military powered-lift to enter civilian operations during the period of this SFAR, if such a scenario occurred, the FAA would follow existing regulations, policies, and procedures to address military surplus powered-lift as the FAA currently evaluates surplus military airplanes and rotorcraft.91 Specifically, type ratings are designated for military surplus aircraft with civilian certificate type ratings through the FSB process, which would evaluate each respective powered-lift. Because the allowances in § 61.73 apply equally to powered-lift as rotorcraft and airplanes and for the reasons previously discussed, the FAA determined there is no need for changes to military competency regulations in this final rule. C. Applicability of the SIC Qualification Requirements of § 61.55 to Powered-Lift Section 61.55 prescribes the qualifications for a person seeking to serve as second-in-command (SIC) of certain aircraft,92 requiring a person to hold (1) at least a private pilot certificate with the appropriate category and class rating, (2) an instrument rating or privilege that applies to the aircraft being flown if the flight is under IFR.93 Additionally, unless the flight will be conducted as a domestic flight operation within the U.S. airspace, the person must hold at least a pilot type rating (SIC Privileges Only) for the aircraft being flown. Given the diverse characteristics of powered-lift, the FAA considered whether a person serving as SIC of a powered-lift should also be required to hold a powered-lift type rating on their pilot certificate and 91 See FAA Order 8900.1, Volume 5, Chapter 2, Section 19, Table 5–88. 92 The SIC qualification requirements apply to persons seeking to serve as SIC of an aircraft typecertificated for more than one required pilot flight crewmember or in operations requiring an SIC pilot flight crewmember in part 91 (excluding subpart K of part 91). 93 See section V.H.2.i. of this preamble for additional discussion regarding a powered-lift category and type rating without an instrument rating. If a pilot held a ‘‘VFR only’’ limitation on their pilot certificate, the pilot could serve as SIC in VFR operations only. PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 found the SIC qualification requirements of § 61.55 to be largely sufficient to serve as SIC of a poweredlift in part 91 operations (excluding operations conducted under subpart K of part 91).94 Specifically, a person seeking to serve as SIC would be required to hold the appropriate powered-lift category rating on their pilot certificate and complete familiarization training and certain pilot time 95 in the specific type of poweredlift for which SIC privileges are sought. Additionally, while the experience an SIC obtains in the powered-lift category may differ from type to type, for a pilot who has passed the practical test in a powered-lift capable of performing all the tasks required by the ACS, the existing SIC familiarization training would ensure persons seeking to act as SIC would gain sufficient experience operating the specific type of poweredlift before acting as SIC of that poweredlift. Therefore, despite adopting the requirement that a powered-lift PIC must hold a type rating, the FAA maintains in this final rule that there is no need to impose requirements beyond those contained in § 61.55 for persons seeking to serve as SIC of a powered-lift, except where a pilot does not receive training in a specific task as subsequently discussed. The FAA recognizes that some powered-lift may not be able to perform all tasks required on the applicable ACS. When this occurs, proposed § 194.207 of this SFAR would enable an examiner to waive the task on the practical test. Therefore, a person may obtain a powered-lift category rating on their pilot certificate, thereby meeting the requirement in § 61.55(a) to hold at least a private pilot certificate with the applicable category rating, but not have performed all the tasks specified in the ACS. This person may then seek to serve as SIC of a powered-lift type that is capable of performing the task for which the pilot was never trained or tested. To ensure an SIC is trained and found proficient on any tasks that were omitted on the practical test prior to serving as SIC of a different powered-lift that is capable of performing that task, the FAA proposed new § 61.55(a)(4), which is adopted in this final rule. Specifically, § 61.55(a)(4) will require a person serving as an SIC of a poweredlift to satisfy the requirements as specified in new § 194.209(a). Section 194.209(a) will require additional 94 The FAA notes that the provisions of § 61.55 would be applicable to operations conducted in accordance with part 91, while part 91, subpart K, and part 135 have additional requirements before a person may serve as a SIC in those operations. 95 Section 61.55(b). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations training and an endorsement to ensure the person seeking to serve as SIC of a powered-lift capable of performing tasks that were waived on the person’s practical test (by utilizing a powered-lift precluded from certain tasks) is trained and found proficient. This amendment is intended simply to inform all persons seeking to act as SIC of a powered-lift pursuant to § 61.55 and ensure awareness of the new temporary requirements and the situation under which they would apply and is adopted as proposed. Additionally, § 61.55 provides for the issuance of an SIC pilot type rating, which is required unless the flight will be conducted as a domestic flight operation within U.S. airspace. This requirement to hold the SIC pilot type rating outside U.S. airspace conforms the FAA pilot type rating requirements to the ICAO pilot type rating standards.96 To obtain the SIC pilot type rating, a person may either complete the SIC familiarization training § 61.55(b) subject to certain conditions set forth in § 61.55(d) or may complete certain SIC training programs or checks as set forth in § 61.55(e). The FAA did not propose any revisions to this requirement or options to obtain the pilot type rating, as this rating is required to operate powered-lift in international airspace as it applies to any other aircraft. Therefore, this final rule continues to apply the current SIC pilot type rating requirements of § 61.55 to persons seeking SIC privileges in a powered-lift. The FAA received several comments regarding the proposed §§ 194.207 and 194.209. HAI noted that SIC pilots would likely not be needed in operations conducted in many of the AAMs currently under development. HAI stated that aircraft under 12,500 97 with four to six seats do not require an SIC and additionally referenced that these aircraft will most likely be flown by part 135 operators required to provide pilots with training appropriate to the operations. The FAA agrees that many anticipated powered-lift operations will not require an SIC and notes a second pilot is required to operate an aircraft if (1) the type certificate (TC) for the aircraft requires two pilots, or (2) an operating rule requires two pilots for the operation.98 The FAA did not propose lotter on DSK11XQN23PROD with RULES2 96 See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1(b), and 2.1.4.1.1. 97 The FAA notes that HAI’s comment specifically referred to ‘‘1200’’ pounds, however, the FAA believes this was a typo and HAI intended ‘‘12,500.’’ 98 The following are operating rules that require a second pilot: §§ 91.5, 91.109(c), 91.189, 91.1049, 135.99, 135.101, and 135.111. The FAA notes that VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 any new operating requirements that would create additional scenarios under which a second pilot would be required to operate a powered-lift other than those already applicable to all aircraft. ALPA disagreed that the current SIC requirements of § 61.55 sufficiently ensure safety for powered-lift. ALPA noted that powered-lift will not be designed to have similar controls or flight characteristics from type to type and recommended that SICs be typerated to ensure required crew members are appropriately trained. ALPA also stated that only having basic familiarity with the type of powered-lift for which SIC privileges are sought is an insufficient safety assurance. Similarly, an individual commenter recommended that the FAA reserve the right to require SICs to be type-rated on specific powered-lift based on factors such as complexity, operating environment, adverse low airspeed handling qualities, and level of automation. The FAA maintains that a person seeking to serve as SIC is sufficiently qualified by way of holding the powered-lift category on at least a private pilot certificate and completing familiarization in the specific type of powered-lift for which privileges are sought (and holding an instrument rating when the flight operates under IFR). First, because this SFAR enables a person to obtain a commercial pilot certificate with a powered-lift category rating, the initial pool of pilots serving as an SIC will hold a higher level of certificate than that minimum required by § 61.55(a).99 Second, the regulations already account for the possible gap in proficiency with certain characteristics unique to a type of powered-lift: for example, operational procedures, performance specifications, and emergency procedures. Section 61.55(b)(1) requires the person seeking to serve as SIC of a powered-lift to become familiar with information for the specific type of powered-lift for which SIC privileges are sought. This familiarization must include the operational procedures applicable to the powerplant, equipment, and systems; performance specifications and limitations; normal, abnormal, and emergency operating procedures; flight manual; and placards and markings. § 91.531 specifies certain criteria that would be applicable when a second pilot is required to operate an airplane. 99 Additionally, § 194.215(a) requires a person utilizing the SFAR and relief herein to hold certain non-powered-lift certificates prior to seeking a powered-lift category and type rating, which, by virtue of holding the certificates and ratings, includes the demonstration of certain skills in the NAS such as communication with ATC services, navigation, weather, communication. PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 92325 Additionally, under § 61.55(b)(2), the person would be required to log pilot time in the type of powered-lift that includes the performance of three takeoffs and landings to a full stop as the sole manipulator of the flight controls, engine-out procedures and maneuvering with an engine out while executing the duties of PIC, and crew resource management training. Given these experience considerations, the FAA does not find a safety gap to warrant different treatment of poweredlift SICs than SICs for other categories of aircraft that may differ from type to type, as well. Therefore, the FAA maintains that the minimum qualifications of § 61.55(a), which will be exceeded in practice, in tandem with familiarization training on the particular type of powered-lift will adequately inform and prepare a pilot to serve as SIC without holding the specific type rating for the powered-lift. The FAA recognizes the scenario where a person could hold a commercial pilot certificate with a powered-lift category and type rating for an aircraft that cannot perform certain maneuvers and seeks to serve as SIC of a powered-lift that is capable of performing the tasks that were waived on that person’s practical test. In this case, the FAA does agree a safety gap exists. However, as previously referenced, the FAA finds that § 194.209(a) as proposed and adopted herein sufficiently addresses this safety gap. To the extent a pilot completes a practical test in a powered-lift that was precluded from performing each task required by § 61.43(a)(1) and, therefore, has not demonstrated proficiency on such task(s) before an examiner, § 194.209(a) will prohibit that pilot from serving as SIC of a powered-lift that is capable of performing the tasks that were waived on the person’s practical test until certain requirements are met. Rather, to serve as SIC, the person must receive and log ground and flight training from an authorized instructor on the specific tasks that were waived, culminating in a logbook or training record endorsement from the authorized instructor certifying that the person has satisfactorily demonstrated proficiency in those tasks.100 The FAA finds that these additional requirements combined with the SIC qualification requirements prescribed in § 61.55 (e.g., familiarization training) address a 100 The FAA recommends the authorized instructor utilize the applicable ACS in determining whether a pilot has demonstrated proficiency of a task as the ACS specify the approved standard for tasks under an area of operation. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92326 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations possible safety gap in differing, new, or absent flight characteristics.101 However, in the NPRM, the FAA identified two instances where a person seeking to act as SIC should be excepted from the aforementioned training and endorsement requirements set forth by § 194.209(a). First, some pilots may seek to obtain multiple type ratings on their pilot certificate. Under § 194.209(b)(1), a person seeking an additional type rating could forgo the training and endorsement requirements described previously if that person subsequently passes a practical test for a type rating in a powered-lift that is capable of performing all the tasks specified in the ATP and Type Rating for Powered-Lift Category ACS in accordance with § 61.43(a). For example, if a pilot is type-rated in powered-lift A that is not capable of performing stalls and, therefore, the task was waived during the pilot’s practical test. That pilot then seeks a type rating in powered-lift B, which is capable of performing stalls and, therefore, the pilot demonstrates proficiency in that task during the practical test. If the pilot then seeks to serve as SIC on powered-lift C, which is also capable of performing stalls, the person would not be required to receive ground and flight training in accordance with § 194.209(a), because they will have already demonstrated proficiency on the task that was initially waived through powered-lift B’s type rating practical test. The second scenario applies to pilots operating under subpart K of part 91 and part 135. A person employed by a fractional ownership program as set forth in subpart K of part 91 or a person employed by a certificate holder authorized to conduct operations under part 135 may receive training and a competency check in a powered-lift that includes the tasks that were waived on the person’s practical test for a commercial pilot certificate with a powered-lift category rating. In accordance with § 135.323, a part 135 air carrier or operator is required to establish and implement an approved training program that ensures each pilot is adequately trained to perform their assigned duties. Under § 135.323, the pilot must receive ground and flight training in the accompanying type of powered-lift and complete a competency check under § 135.293 every 12 calendar months. Similarly, under § 91.1073, each program manager 101 Additionally, the PIC, who would hold a type rating, remains directly responsible for and is the final authority as to the operation of that poweredlift. 14 CFR 1.1 and § 91.3(a). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 must 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. In light of the previously discussed waiver authority, without relief, a situation may arise where a person receives training on the task that was previously waived on the person’s practical test and subsequently completes a competency check that includes the task. Therefore, in § 194.209(b)(2), the FAA proposed an exception to the training and endorsement requirements for those pilots seeking to serve as an SIC who have received ground and flight training under an approved training program and have satisfactorily completed a competency check under § 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. AWPC identified a situation where application of § 61.55 as written would not fully enable a pilot to receive training in a powered-lift type certificated with a minimum crew of two pilots. AWPC expressed concern that the FAA’s position would mean that flight instruction could not be provided on an aircraft with a minimum crew of two pilots unless the pilot receiving training already meets the requirements of § 61.55 by holding a certificate with powered-lift category and instrument ratings. AWPC stated that the proposed SFAR should address entry into service for powered-lift that will be type-certificated with a minimum crew of two pilots and recommended providing relief to § 61.55 to avoid a scenario where only pilots qualified through military competency may serve as flightcrew members.102 The FAA acknowledges the barriers that would be encountered for flight training in powered-lift type certificated for two pilots because, while the instructor will hold ratings to serve as PIC, the person receiving flight training will not have the powered-lift ratings required by § 61.55(a) to serve as SIC. Under the traditional airman certification framework, an applicant for a commercial pilot certificate will already hold the private pilot certificate 102 AWPC also emphasized that aligning with ICAO Annex 1 2.1.1.4 recommendation would alleviate the § 61.55 flight training dilemma. Section V.A. of this preamble addresses AWPC’s ICAO comments, and the FAA trusts the relief adopted by this final rule, as subsequently discussed, adequately alleviates AWPC’s concerns. PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 and ratings required by § 61.55(a) by having received flight training in (1) an aircraft that does not require more than one required pilot flight crewmember, or (2) an aircraft type-certificated for two pilots because they would hold the private pilot certificate and ratings necessary to receive the familiarization training that would qualify them as an SIC under § 61.55. However, the lack of pilots with a powered-lift category rating at any certificate level (here, specifically, a private pilot certificate with a poweredlift category rating) creates a barrier in qualification as an SIC for any operation involving a powered-lift type certificated for two pilots, including training flights. The two affected populations of pilots under the SFAR would be (1) the initial cadre of pilots receiving flight training at the OEM, and (2) the pilots receiving training at the approved training program under part 135, 141, or 142. This would not be an issue to test pilots and instructor pilots because these pilots will be operating an experimental powered-lift (i.e., not yet type-certificated for two pilots) and will be authorized to act as required crewmembers in accordance with a letter of authorization issued by the FAA for the conduct of flights during the powered-lift type certification process.103 The FAA agrees that, without relief, powered-lift type-certificated for two pilots would only be able to utilize pilots already holding a commercial pilot certificate with a powered-lift category (and instrument rating when the flight is under IFR) from the military competency provisions of § 61.73, largely inapplicable to new powered-lift pilots engaging in flight training (i.e., those pilots would already hold powered-lift ratings and, therefore, would not be engaging in the alternate framework of the SFAR). A lack of relief would essentially create a barrier to all flight training in powered-lift type certificated for two pilots for the initial cadre of pilots receiving training at the OEM and the pilots receiving training at an approved training program. Therefore, the FAA finds it necessary to provide relief for the initial cadre of instructors and pilots receiving training under an approved training program who are seeking a commercial pilot certificate with a powered-lift category rating and an instrument-powered-lift rating in a powered-lift type certificated for more than one required pilot flight 103 This would also not be an issue for FAA test pilots or aviation safety inspectors, who are added to the alternate SFAR framework as discussed in section V.F.2.i.d. of this preamble, for the same reasons. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 crewmember. The SIC requirements were initially codified to ensure sufficient experience prior to operating sophisticated aircraft,104 taking into account the aircraft’s specific operating characteristics. In that codification, the FAA found that the certificate prerequisites currently set forth in § 61.55(a) sufficiently addressed the operation of sophisticated aircraft, while the familiarization requirements of § 61.55(b) sufficiently addressed the aircraft’s specific operating characteristics.105 Likewise, the FAA finds that temporary relief in new § 194.209(c), in tandem with the mitigations set forth in the training program itself, will sufficiently address the unfamiliar operating characteristics an applicant would encounter during flight training in a powered-lift type certificated for two required flight crewmembers such that the flight maintains a high degree of safety. Specifically, new § 194.209(c) will permit applicants receiving training in a powered-lift in accordance with §§ 194.221, 194.223, 194.229, and 194.231 to serve as SIC during those training flights without meeting the requirements in § 61.55(a)(1), (a)(2), and (b)(2). In sum, a person receiving flight training under certain provisions of the SFAR would be excepted from (1) holding a powered-lift category rating on the person’s private pilot certificate, (2) holding an instrument-powered-lift rating (if the flight is flown under IFR), and (3) performing and logging flight pilot time in the type of aircraft or in a flight simulator for which SIC privileges are requested. However, the applicant would still be expected to meet § 61.55(b)(1) prior to flight time designated as the SIC (i.e., the training flights), as subsequently discussed. First, applicants receiving training in accordance with §§ 194.221, 194.223, 194.229, and 194.231 must possess the prerequisites set forth by § 194.215(a) (i.e., at least a commercial pilot certificate with a category and class rating and the applicable instrument rating). By virtue of holding a 104 At this time of this rulemaking, the SIC requirements applied only to large airplanes and turbojet powered multiengine airplanes type certificated for more than one required pilot flight crewmember. In 1986, the FAA extended the SIC pilot qualifications to include helicopters typecertificated for more than one required pilot flight crewmember (51 FR 40692, Nov. 7, 1986), citing the similar operating complexities of helicopters type certificated for more than one pilot and higher level of safety provided through specific training and flight testing of pilots (50 FR 10144, Mar. 13, 1985). 105 NPRM, Second-in-command qualifications and pilot-in-command proficiency checks, 36 FR 5247 (Mar. 18, 1971), adopted in 1972 as a final rule (37 FR 14758). Renumbered from § 61.46 to § 61.55 in 1973 (38 FR 3161). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 commercial pilot certificate and an instrument rating, the applicant would possess greater aeronautical experience than the current requirements set forth in § 61.55(a), which requires at least a private pilot certificate. The FAA recognizes that this aeronautical experience will not be in the applicable category in which the applicant seeks to serve as PIC (i.e., the pilot will hold an airplane or helicopter rating on their commercial pilot certificate but seek to serve as SIC in a powered-lift). The FAA finds the possibility of a safety gap is mitigated both by the significantly higher amount of aeronautical experience that a commercial pilot must attain and standard of proficiency and competency a commercial pilot must demonstrate on the practical test as opposed to a private pilot. This includes valuable experience operating in the NAS, communicating with ATC, interacting with other air traffic, and acting as PIC of an airplane or helicopter, all of which generally translate to a degree to the basic duties and responsibilities of a SIC where other mitigations, subsequently discussed, exist for the purpose of flight training. Additionally, under the SFAR, a person must also hold the corresponding instrument rating as part of the prerequisites in § 194.215(a). Again, the FAA recognizes this will not be the appropriate instrument rating as set traditionally required to act as SIC if the flight is flown under IFR as forth in § 61.55(a)(2). However, the same concept applies insofar as the person will possess experience and have demonstrated skill operating an airplane or helicopter under IFR. Further, many of the skill elements a person must demonstrate on the practical test for the instrument-airplane or instrumenthelicopter exist on the instrumentpowered-lift practical test as well. For example, a person with an existing instrument-airplane or instrumenthelicopter rating is not required to demonstrate any of the tasks under AOO I, III, or V 106 on the instrumentpowered-lift practical test, and only demonstrate a limited number of tasks under AOO II and VII.107 Therefore, the FAA finds this foundational level of instrument experience, in tandem with the other mitigations described herein, provides a person with sufficient experience to serve as SIC in a flight training operation for which the person does not hold the ‘‘appropriate’’ instrument rating in the powered-lift. 106 Preflight Preparation, ATC Clearances and Procedures, and Navigation Systems. 107 Preflight Procedures, Emergency Operations. PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 92327 As discussed, § 61.55(b) was implemented to ensure a designated SIC is sufficiently knowledgeable in the specific operational characteristics of an aircraft type certificated for more than one pilot flightcrew member. Specifically, under § 61.55(b), the applicant would be required to meet the familiarization requirements set forth under paragraph (b)(1). Additionally, the applicant would be required to complete the pilot time in the type of powered-lift, or in a flight simulator representing the type of powered-lift, set forth under paragraph (b)(2). The pilot time under § 61.55(b)(2) must include three takeoffs and landings to a full stop as the sole manipulator of the flight controls, engine out procedures and maneuvering with an engine out while executing the duties of PIC, and crew resource management training. The FAA finds this paragraph (b)(2) to present a barrier to the flights for the purpose of flight training, as the applicant cannot be expected to sufficiently demonstrate these maneuvers before receiving flight training on such maneuvers. Moreover, the applicant would be actively becoming proficient in these maneuvers by nature of accomplishing flight training for certification. Therefore, the person would not be required to meet § 61.55(b)(2). However, while there are foundational skills and proficiency elements that translate between the prerequisite ratings and the duties of an SIC in a powered-lift for the purposes of the narrowly tailored flight training operations, the FAA finds it crucial for a person to be adequately familiar with the specific type of powered-lift on which the person will be serving as SIC. Therefore, to ensure an appropriate level of safety while simultaneously enabling operators of powered-lift certificated with more than one required pilot flight crewmember to train in the aircraft, the FAA will continue to require the person to meet § 61.55(b)(1). Specifically, before the person may serve as SIC for flight training in the powered-lift, the person must become familiar with the information set forth by § 61.55(b)(1)(i) through (v). The FAA notes that, like the application of § 61.55(b)(1) to any person seeking to serve as SIC regardless of aircraft, there is no minimum time or standardized delivery requirement for such familiarization. For example, because a person would be required to complete ground training for the powered-lift category rating,108 the person could complete the requisite SIC familiarization as part of the ground 108 §§ 61.63(b)(1) E:\FR\FM\21NOR2.SGM 21NOR2 and 61.125(a). 92328 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations training, as long as the subjects in § 61.55(b)(1)(i) through (v) specific to the powered-lift type to be operated were present. D. Dual Controls Considerations Related to Flight Training and Supervised Operating Experience 1. Introduction In the NPRM, the FAA did not propose any relief in the SFAR to the long-standing requirement that an aircraft must have dual controls for certain operations. Section 91.109(a) stipulates that no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls.109 This requirement is subject to limited exceptions including (1) manned free balloons 110 and (2) instrument flight instruction in an airplane equipped with a single, functioning throwover control wheel, provided the instructor has determined that the flight can be conducted safely and the person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.111 The prerequisite certificate and rating requirement ensures the person receiving instrument flight instruction in the airplane has previously demonstrated foundational knowledge and proficiency appropriate to the category and class in the airplane in which training occurs. The throwover control wheel also provides a means for the authorized instructor to directly intervene, when necessary, in the interest of safety. Similarly, an aircraft must have dual controls if it is used to conduct supervised operating experience under § 61.64(g). Section 61.64 details requirements for certain situations when training or any portion of a practical test is conducted in an FSTD. Under § 61.64(f), if an applicant for a certificate or rating in a powered-lift uses an FSTD for any portion of the practical test and does not meet the experience requirements set forth in § 61.64(e) and does not complete the specific tasks on the practical test listed in § 61.64(f)(1) in an aircraft, then the applicant’s pilot certificate is issued with a PIC lotter on DSK11XQN23PROD with RULES2 109 Additionally, § 61.195(g)(1) references the requirements in § 91.109, stating that a flight instructor must perform all training from in an aircraft that complies with the requirements of § 91.109. Further, § 61.195(g)(2) requires the aircraft that a flight instructor provides flight training for a pilot certificate or rating issued under part 61 to have at least two pilot stations and be of the same category, class, and type, if appropriate, that applies to the pilot certificate or rating sought. 110 § 91.109(a)(1). 111 § 91.109(a)(2). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 limitation.112 Per § 61.64(g), the applicant may remove the limitation by, in part, completing 25 hours of flight time in an aircraft of the appropriate category, class (if a class rating is required), and type for which the limitation applies under the direct observation of a PIC, termed ‘‘supervised operating experience’’ (SOE). That PIC must hold a category, class (if a class rating is required), and type rating, without limitations, for the aircraft in which SOE is being conducted.113 While the FAA concedes there is no explicit regulation requiring an aircraft to be equipped with dual controls when a pilot is completing the 25 hours of required flight time in accordance with § 61.64, the PIC observing the flight is also acting as PIC of the operation and ensuring the safety of the flight. Therefore, the person observing the flight and acting as PIC must have access to a set of controls while the applicant is performing the duties of PIC while under the direct observation of the acting PIC. However, as noted in the NPRM, some manufacturers have or intend to only design powered-lift with a single set of controls. Therefore, the FAA invited public comment on three specific points: (1) how a flight instructor would provide flight training in a powered-lift with only a single set of flight controls without adversely affecting safety; (2) how an applicant would meet the SOE requirements with a single set of flight controls in a powered-lift; and (3) how an operator would fully qualify pilots for air carrier operations in an aircraft without dual flight controls while meeting the enhanced standard expected of air carrier operations. Additionally, the FAA requested commenters provide any relevant data or technical analyses that could assist the FAA in evaluating the viability of pathways to single set of flight controls. This section acknowledges comments received and describes the three alternate pathways that the FAA adopts in this final rule to facilitate airman certification in a powered-lift with a single functioning control and single 112 The applicant’s pilot certificate will be issued with a limitation that states: ‘‘The [name of the additional type rating] is subject to pilot in command limitations,’’ and the applicant is restricted from serving as pilot in command in an aircraft of that type. § 61.64(f)(2). 113 Additionally, the applicant must log each flight and the pilot in command who observed the flight must attest to each flight, the applicant must obtain the flight time while performing the duties of pilot in command; and finally, the applicant must present evidence of the supervised operating experience to a flight standards office to have the limitation removed. See § 61.64(g)(2),(3), and (4). PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 pilot station while upholding safety in the NAS. 2. Summary of Comments Pertaining to Flight Training and Dual Controls The FAA received many comments pertaining to the situations under which dual controls are required, as outlined above. The comments generally opposed the current requirements that have existed for many decades, and the FAA grouped the comments into the subsequent general categories. The FAA addresses some comments in the same sections but finds that the alternates adopted in this final rule sufficiently address the remainder of comments (e.g., by adopting a commenter’s suggestion in one of the alternate frameworks). Support for Maintaining Only Dual Controls ALPA supported the FAA’s position in the NPRM pertaining to dual controls. Specifically, ALPA stated that allowing a pilot to operate an aircraft in the NAS with a single set of flight controls while receiving flight instruction in that specific powered-lift would result in a degradation of safety because the instructor would not have the ability to take control of the aircraft. While ALPA recognized that the military trains pilots in single-control configured aircraft, ALPA emphasized that flight instruction with a single set of controls has not occurred in any civil capacity. Further, ALPA stated that it is far too early to consider autonomous systems (e.g., simplified vehicle operations) as they have not been properly studied or analyzed through data collection. ALPA stated that existing studies with newly automated systems show that training must increase to ensure the pilot masters the use of automation and retains mastery of flying with the different combinations of automation due to various degrees of automation failure. Neutral Over Dual Controls EASA expressed neither direct support nor direct opposition to the NPRM’s position pertaining to dual controls but provided situational awareness of their own regulations. Specifically, EASA stated that, according to the European requirements and standards for trainers, trainers require primary flight controls that are easily accessible by the student pilot and the instructor. EASA stated this may either be via dual controls or through a center control stick. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 Align With ICAO Annex 1, 2.1.1.4 Many commenters urged the FAA to align with ICAO Annex 1, recommendation 2.1.1.4. Commenters, including GAMA, Eve, and L3Harris, stated this alignment with ICAO would eliminate the requirement for dual controls because the dual controls requirement is directly related to flight training requirements to achieve a powered-lift category rating and an instrument-powered-lift rating. Specifically, commenters stated that all flight training for the addition of a type rating to a commercial pilot certificate with an airplane category rating or rotorcraft category rating with helicopter class rating could be conducted in a high fidelity FSTD. These commenters further urged the FAA to acknowledge the aeronautical experience in one category of aircraft as creditably similar to the experience required for poweredlift qualifications, citing §§ 61.3(e)(3) and 61.159(a)(5)(ii). As discussed in section V.A. of this preamble, the FAA is not implementing recommendation 2.1.1.4, which would permit a pilot to add a powered-lift type rating to an existing commercial pilot certificate with airplane category rating or rotorcraft category, helicopter class rating. This final rule maintains the traditional airman certification framework, even within the SFAR alternate requirements, to hold the powered-lift category rating. However, the FAA notes that, even if the FAA did align with the ICAO recommendation, barriers for single controls powered-lift would persist. Section 91.109 applies to civil aircraft being used for flight instruction generally; in other words, § 91.109 is applicable to flight training in the aircraft for a type rating. The FAA acknowledges that type specific flight training could occur in an FSTD, pursuant to § 61.31(h), which could alleviate the dual controls requirement.114 However, in the event there was not yet a qualified FSTD representative of that type of aircraft, the person would complete their typespecific flight training in the aircraft, which would fall under § 91.109 requirements (i.e., a set of fully functioning dual controls). Additionally, a person who chose to complete the type rating practical test in 114 In this final action the FAA has determined utilizing § 61.31(h) in which a specific powered-lift would be subject to type specific training as determined by the FAA (as opposed to training for a type rating) would not adequately address the training necessary because of the unique differences inherently present in powered-lift being developed. Instead, the FAA has determined in the interest of safety that all powered-lift require a type rating as outline in adopted § 61.31(a)(3). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 an FSTD pursuant to § 61.64 would be required to complete certain aeronautical experience requirements or complete SOE set forth by § 61.64, which, as discussed in the introduction to this section, inherently requires a set of dual controls. Align With the U.S. Armed Forces’ Approach Commenters urged the FAA to utilize the U.S. Armed Forces’ approach to qualifying pilots in powered-lift through high fidelity simulation, augmented flight controls, and endorsed solo experience. These commenters included GAMA, FSI, Archer, AUVSI, and Joby. Many comments specifically referenced the Department of Defense’s F–35 Lightning Joint Strike Fighter program.115 Specifically, commenters stated that, in the case of the F–35 program, the DoD found that a two-seat trainer to be unnecessary largely due to the abilities of high-fidelity simulators. GAMA and Joby urged the FAA to utilize the F–35B training and readiness manual, NAVMC 3500.118B, as a reference point for civilian powered-lift training programs. One individual commenter recognized the military’s development of ‘‘T’’ version aircraft: single-seat aircraft that have been modified with two seats and dual flight controls specifically for the purpose of flight training. The commenter stated that a similar scheme could be followed for civil powered-lift rather than instituting training provisions for powered-lift with a single set of controls. Relatedly, HAI recommended that the FAA implement a performance-based structure that allows OEMs to develop appropriate training plans using acceptable methods, including advanced simulation, to meet training and qualification objectives, and specifically suggested the FAA collaborate with defense contractors who have already demonstrated the safety, effectiveness, and cost benefits of single seat aircraft 115 One commenter specifically referenced an opinion editorial article, (www.forbes.com/sites/ mikehirschberg/2023/08/10/faa-should-heed-1990spowered-lift-training-decision/), which discussed two DoD commissioned studies conducted by the Johns Hopkins University Applied Physics Laboratory and the Georgia Tech Research Institute. Both independent studies concluded a singleengine fighter aircraft could be just as safe as a twinengine fighter aircraft. The article further stated that the decisions for the F–35 to have only one seat and for the program to forgo the development of a dualseated trainer for new pilots was due to ‘‘[t]he expense of developing another variant—a two-seat trainer—was seen as completely unnecessary due to the high fidelity of flight simulators of the day and the capabilities of digital fly-by-wire flight controls.’’ The author asserted the FAA could allow the same practice for civilian powered-lift without compromising safety. PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 92329 simulators will yield similar results for OEMs developing powered-lift for the commercial aviation sector. The FAA does not find the comparison of military aircraft to a wholly new category of aircraft to be an equivalent one. Military aircraft are not designed and built to the same safety standards as an FAA certificated aircraft. Single-seat, military combat aircraft—with or without ejection seat systems—are not designed to comply with the robust statutory or regulatory standards as passenger-carrying aircraft that receive an FAA type certificate. The DoD operations are inherently characterized by different safety continuum considerations and liability thresholds. Additionally, regarding simulator training, the amount of technology and resources available to DoD differs greatly from that which is available to the civilian aviation sector. Specifically, before military pilots begin training on single seat aircraft or simulators, they traditionally have already received training and qualification in at least another category of aircraft. Taking the differences into account, as discussed further in section V.D.3.ii. of this preamble, the FAA is adopting a similar, though not identical, approach to that of DoD in this final rule to facilitate airman certification for powered-lift used in the civil operations. Full Training and Testing in an FSTD Commenters including FSI, NBAA, CAE, Archer, Lilium, Supernal, and Eve overwhelmingly advocated for the concept that pilots could be fully trained and tested in an approved FSTD; likewise, the Advanced Air Mobility Institute encouraged the FAA to engage in collaboration with industry to explore utilization.116 117 For example, Archer specifically outlined a program under which the applicant would complete ground training and all aeronautical experience training in the FSTD, receive a solo endorsement, and then complete solo time in the poweredlift. Additionally, ADS recommended that advanced aircraft technology be considered when developing training requirements for powered-lift and also 116 Generally, commenters advocated for an alternate pathway for pilots with the prerequisites as proposed under the SFAR (i.e., a commercial pilot certificate with an airplane category rating or rotorcraft category, helicopter class rating and the corresponding instrument rating) rather than an ab initio applicant. 117 The FAA understands the commenter’s phrase of ‘‘buddy box system’’ in this context as two radio systems whereby the control of the powered-lift could be released to the student and removed from the student by the instructor with the flick of a switch. E:\FR\FM\21NOR2.SGM 21NOR2 92330 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations recommended that the FAA expand its credit of aeronautical experience in a simulator and subsequently require solo experience to be gained in the aircraft. Commenters relied on the comparative premise that training for a type rating may be fully completed in the simulator, with no time in the type of aircraft itself, which translates to the FAA’s recognition that FSTDs are a commonplace means of delivering training, particularly as it pertains to abnormal and emergency situations. lotter on DSK11XQN23PROD with RULES2 In-Aircraft Monitored Training and Related Technology Commenters including FSI, NBAA, CAE, Lilium, and AUSVI, urged the FAA to consider innovative technologies outside of a traditional FSTD that could facilitate in-aircraft training for those powered-lift with a single set of controls. Specifically, commenters cited artificial intelligence, virtual reality, mixed reality, augmented reality, headsets with camera systems, eye tracking technology, aircraft control movements, and keystroke and touchscreen inputs as options for instructors to train (for purposes of § 91.109) and supervise (for purposes of § 61.64) from the ground. Additionally, commenters stated the instructor could observe from the forward most passenger-seat, in tandem with the aforementioned remote technologies, for real-time monitoring. An individual commentor also urged the FAA to consider capitalizing on remote safety pilot technology or built-in autonomous systems that are able to swiftly take over full control of the powered-lift during in-aircraft training sessions. Lilium stated that automated fly-by-wire systems and advanced flight control laws provide safety measures and envelope protection enhance situational awareness and reduces complexity of aircraft. Lilium described these features as contributing to a safe flight training regime by preventing over-corrections and stalls, while hands-free hover positioning and altitude hold capabilities further enhance safety during flight training, negating the need for dual controls requirements. Opposition to Dual Control Trainers Commenters disagreed with the FAA’s expectations as stated in the NPRM that powered-lift manufacturer’s develop dual control trainers for their single control aircraft. Commenters opposed such development, first, on the grounds that the dual control trainer would not be an accurate representation of the single control aircraft, which would present an operational discrepancy when the applicant would VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 move from the dual control trainer to the actual powered-lift in the NAS. Additionally, many commenters emphasized that the development of a dual control trainer would be costly and create significant delays for manufacturers at this stage of poweredlift progress and certification, especially after relying on the FAA’s original position that powered-lift would be certificated as airplanes, which held until changed in 2022.118 These commenters included FSI, NBAA, CAE, Archer, Eve, HAI, and the Honorable Jeff Van Drew. 3. Alternate Pathways In light of the overwhelming support for innovative pathways to facilitate training in powered-lift with a single set of controls, the FAA analyzed the safety intent of the requirement for dual controls in flight training and SOE to determine whether nontraditional alternate pathways could achieve an equivalent level of safety to in-aircraft training. In this final rule, the FAA adopts three pathways to accomplishing flight training and SOE for powered-lift with a single set of controls. This section first explains the FAA’s three adopted alternate pathways. The FAA trusts that these pathways will address the majority of commenters discrete issues; however, the second part of this section responds to certain comments that may not be enveloped in the three alternate pathways. i. Alternate One: Powered-Lift Equipped With a Single Instantly Accessible Functioning Flight Control As previously discussed, § 91.109(a) restricts a person from operating a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. However, there are some narrowly tailored exceptions to this restriction: (1) if the aircraft is a manned free balloon, (2) for the purpose of instrument flight instruction in an airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons,119 and (3) for the purposes of a flight review under § 61.56 or to obtain recent flight experience or an instrument proficiency check under 118 The FAA acknowledges that certain manufacturers were of the understanding that they would be classified as an airplane. Commenters expressed that reliance on this position led manufacturers to believe they would not need dual controls in powered-lift even for training. 119 Pursuant to § 91.109(a)(1) and (2), to utilize this exception, the instructor must determine that the flight can be conducted safely and the person manipulating the controls must have at least a private pilot certificate with appropriate category and class ratings. PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 § 61.57 in an airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons.120 Dual controls requirements can be traced back to the inception of the Civil Aviation Regulations in 1938 121 and the FAA instituted the first two exceptions in 1978 to then § 91.21 122 in response to a public solicitation for proposals in relation to an Operations Review Program. The FAA explained that the exceptions were appropriate in light of numerous exemptions allowing AOPA and the AOPA Air Safety Foundation to conduct simulated instrument instruction at flight training clinics using singleengine airplanes equipped with a single, functioning throwover control. The FAA instituted the third exception in 2011, again, in response to numerous exemptions that allow instructors to provide recurrent flight training and simulated flight training for the purpose of meeting recency of experience requirements and flight review requirements in airplanes equipped with a single, functioning throwover control wheel.123 Notwithstanding the exception for manned free balloons, these exceptions share two characteristics. First, the flight instructors have access to a control such that if there exists a condition warranting immediate action (e.g., immediately taking the controls to maneuver the aircraft so as to see and avoid traffic or take controls to ensure a maneuver does not result in a mishap or exceed an aircraft limitation), the flight instructor can intervene. Second, in each of the two exceptions, the applicant pilot possesses a pilot certificate. In other words, the single, throwover control is considered sufficient in instances where the person manipulating the controls has prerequisite certificates and ratings (i.e., foundational aeronautical experience). Specifically, in the exception under 120 Pursuant to § 91.109(b), the airplane must also be equipped with operable rudder pedals at both pilot stations; the pilot manipulating the controls must be qualified to serve and serves as PIC during the entire flight; the instructor must be current and qualified to serve as PIC of the airplane, meet the requirements of § 61.195(b), and have logged at least 25 hours of PIC flight time in the make and model of airplane; and the PIC and instructor have determined the flight can be conducted safely. 121 See 14 CFR 20.655 (1938), which stated, in pertinent part, that ‘‘no flying instruction shall be given in any aircraft, for or without hire, unless such aircraft is equipped with fully functioning dual controls and a certificate instructor is in full charge of one set of said controls.’’ 122 General Operating and Flight Rules and Related Airworthiness Standards and Crewmember Training, 43 FR 46233 (Oct. 5, 1978). 123 Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules, 76 FR 54095 (Oct. 31, 2011). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 § 91.109(a)(1) and (2), the person receiving instrument flight instruction must have at least a private pilot certificate with appropriate category and class ratings. Similarly, in the second exception under § 91.109(b), the person manipulating the controls is a certificated and rated pilot who is receiving instruction for a flight review, recent flight experience, or an instrument proficiency check. These activities are conducted to maintain privileges, not to obtain them for the first time. Therefore, the FAA finds extending mirrored relief to that as provided in § 91.109(a) and (b), and similar to that of EASA,124 would not adversely affect safety for pilots seeking certification under the SFAR (i.e., an instantly accessible, single, functioning flight control in an aircraft with single controls where two pilots are seated in the flightdeck of the aircraft). Both prongs of safety criteria will be met: (1) the powered-lift will have a control such that the flight instructor can immediately intervene in an emergency event, as well as maintain the ability to demonstrate a maneuver if necessary, and (2) the pilots under the SFAR will have at least a commercial pilot certificate with an airplane category rating or rotorcraft category rating with helicopter class rating and the corresponding instrument rating. Under § 194.253(a)(1), this alternate requirement would be extended only to those pilots seeking a powered-lift category rating, powered-lift type rating, and instrument-powered-lift rating under the SFAR (i.e., those qualified in accordance with § 194.215(a) who are instructor pilots, test pilots, FAA test pilots, aviation safety inspectors, the initial cadre of instructors, and pilots receiving training under an approved training program). Additionally, under new § 194.253(a)(1)(i) and (ii), the instructor must be an instructor pilot for the manufacturer of the powered-lift under the manufacturer’s proposed training curriculum or a flight instructor under an approved training curriculum under part 135, 141, or 142, as applicable. Under new § 194.253(a)(2), a person may operate a powered-lift for flight training without fully functioning dual controls provided it is equipped with a 124 Pursuant to AMC4 to appendix 6 of EASA regulations, the airplane used for instrument flight training provided outside an ATO by an IRI(A) or FI(A) should be fitted with primary flight controls that are instantly accessible by both the student and the instructor, for example, dual flight controls or a center control stick. Additionally, the regulation states that swing-over flight controls should not be used. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 single, functioning control 125 that is instantly accessible by both the applicant and the instructor.126 As discussed in the NPRM, some poweredlift are equipped with inceptors, which encompasses a wide variety of nontraditional pilot controls through which pilot inputs are managed for the purpose of operating the powered-lift. The FAA notes that although this alternate pathway enables powered-lift with one flight control to be used in flight instruction, the two seats or pilot stations with access to this single flight control would be evaluated during the aircraft certification process using the certification standards for pilot stations. Additionally, instant accessibility means that the person providing the instruction would be able to take immediate corrective action and full control of the aircraft from their occupied seat. Finally, the instructor pilot must determine that the flight can be conducted safely. ii. Alternate Two: Full Flight Simulator (FFS) Training for Powered-Lift With Single Functioning Controls and a Single Pilot Station Overview While an instantly accessible, single, functioning flight control, including a throwover control, presents a viable option for training in an aircraft with single controls where two pilots are seated in the flight deck of the aircraft (i.e., where the control is accessible through virtue of side-by-side seats), the FAA acknowledges that some poweredlift will have a single pilot station. This would render the option of an instantly accessible, single, functioning flight control as inherently unfeasible. In light of commenters’ recommendations for full qualification through FSTD training and testing, the FAA evaluated how to facilitate a path for full training and testing in an FFS for a powered-lift category rating, powered-lift type rating, and instrument-powered-lift rating, while maintaining an equivalent level of 125 The FAA notes this relief is similar to that suggested by BETA Technologies, who recommended the FAA add additional requirements to § 91.109 to allow for shared controls for pitch and roll that may include devices other than control wheels. (A pilot uses a ‘‘control wheel’’ or ‘‘yoke’’ to control the attitude of an aircraft usually in both pitch and roll. Rotating the control wheel controls the ailerons and the roll axis.) The final rule as described herein will allow a shared control but does not require the shared control to be a control wheel device. 126 The FAA notes that since both pilots have immediate access to the control and, therefore, the ability to manipulate the controls of the poweredlift, if supervised operating experience was required after a person’s practical test via § 61.64 requirements, the aircraft could be used for supervised operating experience. PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 92331 safety to that of flight training in an aircraft equipped with fully functioning dual controls (or a single, functioning flight control that is instantly accessible to both the applicant and the person providing the flight instruction in their respective pilot station). To ensure an equivalent level of safety to that of inaircraft training through this unconventional training and testing framework, the FAA evaluated six main factors and mitigations: prior piloting experience, FAA oversight of training programs, simulator fidelity, demonstration and familiarity flights, solo flight, and SOE. To this end, the FAA adopts in this final rule an alternate framework to facilitate training and testing for a powered-lift category rating, powered-lift type rating, and instrument-powered-lift rating. This final rule facilitates the framework through § 194.253(b) and the alternate framework process in new appendix A to part 194, mirroring a part 141 minimum curriculum appendix.127 The following sections describe the linear framework, safety considerations, and mitigations to enable training in an FFS that represents a powered-lift with single controls and a single pilot station. Applicability and Eligibility The relief provided in the alternate framework will apply to only those pilots simultaneously seeking a powered-lift category rating, a poweredlift type rating, and an instrumentpowered-lift rating in a powered-lift with single fully functioning controls and a single pilot station. Therefore, while the traditional airman certification approach under part 61 permits a piecemeal approach for a pilot to obtain a rating,128 this alternate pathway for powered-lift ratings would require an applicant to train for all three ratings simultaneously.129 Because an 127 Specifically, § 141.55 requires training courses to meet the minimum curriculum requirements in accordance with the appropriate appendix of part 141. The appendices set forth the minimum curriculum requirements for that certification course under part 141 (e.g., eligibility for enrollment, aeronautical knowledge training, flight training, etc.). 128 For example, a person seeking an airplane or helicopter type rating has flexibility to take the type rating practical test independent of other practical tests and may obtain an instrument rating in an airplane or helicopter for which a type rating is not required prior to applying for a type rating in an airplane or helicopter. Additionally, because there exist airplanes and helicopters where a type rating is not required, a person could obtain the category and class ratings independent of a type or instrument rating. 129 See section V.F.3. of this preamble for further discussion of the FAA‘s determination that a powered-lift-instrument rating is necessary to utilize this pathway. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92332 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations applicant utilizing this relief would be required to seek the three ratings simultaneously, § 194.211 inherently would not be applicable to this population of applicants training and testing via this alternative in a poweredlift with single controls and equivalent FSTD.130 This training alternate pertains to the training requirements for powered-lift originally type certificated with single fully functioning controls and a single pilot station or a powered-lift undergoing the type certification process with these features. When opting for this alternate for initial and add-on ratings in a single flight control powered-lift, pilots are required to complete additional flight hours as stipulated in §§ 194.253 and 194.255 (e.g., the familiarization flight, demonstration flight, and supervised operating experience). As a result, this alternate is not applicable to those powered-lift originally certificated with dual controls and dual pilot stations or those with single functioning flight controls and dual pilot stations. Similarly, this alternate is not applicable to dual control powered-lift designs that are later altered to a single set of fully functioning controls and a single pilot station through a Supplemental Type Certificate (STC) or other means, such as disconnecting a removable set of controls. When developing the FFS Training alternative, the FAA considered the level of experience that a pilot utilizing this alternative should possess. The FAA has long maintained the position of the importance of actual aircraft experience when an applicant uses flight simulation for training and testing, especially as it pertains to ab initio pilots.131 Where an ab initio pilot has little to no experience in an aircraft in the NAS, the FAA maintains that inaircraft training and testing (or required SOE when an applicant accomplishes the entire practical test in an FFS) is paramount in ensuring pilot proficiency. Simulation offers many benefits to training, particularly as it relates to training abnormal and emergency procedures, such as brown or white out conditions, engine inoperative procedures during critical phases of flight, and system malfunctions that cannot be safely replicated in actual flight. However, the actual flight environment requires certain knowledge and skills and provides experiences that may not be able to be comprehensively accomplished in a simulator (e.g., the experience of actually landing on a pinnacle, or conduct a steep approach into a confined area at night). Additionally, simulator training does not fully replicate the inflight environment in the flightdeck of an aircraft, taking into considerations such as realistic ATC communications, flightdeck distractions, temperature extremes and noise, unexpected interactions with traffic not communicating with ATC, or adapting to unexpected weather conditions to the degree expected in the actual flight environment. A pilot utilizing the SFAR will be required to have the prerequisite certificate and ratings prescribed in § 194.215(a), which is a commercial pilot certificate with either an airplane category rating with a single-engine and/or multiengine land or sea class rating or a rotorcraft category rating with helicopter class rating, and the corresponding instrument rating.132 This requirement ensures the pilot seeking the powered-lift ratings via this appendix has extensive exposure to inaircraft flight training and aircraft operations within the NAS,133 including a variety of operational and environmental issues that cannot be fully replicated in an FFS. Additionally, to hold these ratings, the pilot would have demonstrated, at a minimum, a level of aircraft mastery required to achieve the commercial pilot certificate and instrument ratings and, therefore, be certificated at a level that enables them to serve as a pilot for compensation or hire. Therefore, the FAA has determined that holding such certificates and ratings will ensure that pilots utilizing the FFS Training 130 Section 194.211 sets forth certain provisions permitting a person to obtain an initial powered-lift type rating without concurrently obtaining the instrument-powered-lift rating or an additional powered-lift type rating with a ‘‘VFR Only’’ limitation. The FAA is not extending the relief contained in § 194.211 to ensure that applicants utilizing this framework will be able to act as PIC while completing the cross-country requirements set forth in appendix A, section 8.(a)(iii). 131 E.g., Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking and at Training Centers, final rule, 61 FR 34508 (Jul. 2, 1996); Pilot, Flight Instructor, and Pilot School Certification final rule, 74 FR 42500 (Aug. 21, 2009). 132 The FAA considered whether a lower certificate level (i.e., private pilot certificate) would be a viable alternative minimum level of qualification but finds that a private pilot’s experience through their limited privileges may not adequately ensure the foundational knowledge, skills, and proficiency such that the person should bypass in-flight training elements and situational exposure. 133 A pilot seeking an airplane category rating must have at least 250 hours (190 hours if training at a part 141 pilot school) and a pilot seeking a rotorcraft category helicopter class rating must have at least 150 hours to be eligible for a commercial pilot certificate. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 alternative will possess key knowledge, skills, as well as exposure and experience of operating an aircraft in the NAS, all of which cannot be fully replicated in a simulator for a pilot that lacks the required prerequisites for entry in this training alternative.134 In addition to the prerequisites, an important aspect of this training alternative is the requirement for the training to be conducted by an FAAapproved program under part 135, 141, or 142. This ensures the training is conducted via an approved curriculum fostering quality, standardized training, which results in consistent, highly effective training. Additionally, these FAA-approved programs have a higher level of FAA oversight than training that is conducted outside of an FAAapproved training program. Requiring this training to be conducted under an approved program enables the FAA to evaluate the quality of the training and ensure the training course syllabuses are followed, and it affords the FAA the ability to work with the training provider to correct deficiencies. Another advantage of an approved program is that the provider and the FAA can gather data and monitor trends so that positive adjustments can be made to the program to ensure a high level of effective training continues to be provided. The FAA notes that the training curriculum submitted must encompass all the necessary training for a pilot to obtain a commercial pilot certificate with powered-lift category rating, an instrument-powered-lift rating, and type rating for the poweredlift that is being trained on that is equipped with only a single set of flight controls. However, under this appendix approach, if a manufacturer is not one of the certificate holders mentioned, they will not be able to utilize this provision.135 Although this necessitates 134 The FAA notes that there currently exist scenarios where fully rated pilots in other categories of aircraft with a similar level of experience as described herein seek to train on an aircraft with a single set of controls and a single pilot station. The relief adopted herein is a temporary measure meant to springboard the entry of a new category of aircraft and sufficient numbers of flight instructors and pilots to support this industry sector. Moreover, unlike airplanes and helicopters, the type rating requirement for each powered-lift creates a unique scenario where a pilot cannot first obtain category and class ratings before separately seeking a type rating. One benefit of this SFAR is to collect information and data to later educate the FAA when contemplating future permanent amendments for both powered-lift and aircraft in general, including dual controls requirements. 135 The FAA has established a Flight Standards Certification Team (FSCT) to allow for the expedited processing of certifications. The process to complete certification of a new Air Agency E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations that an OEM become a certificate holder under one of these parts, this requirement will help ensure the FAA has the necessary tools and authority to conduct surveillance and gather data on this new and novel approach to certificating pilots in a single flight control powered-lift. In this respect, the appendix approach differs from the provisions set forth in the SFAR for aircraft equipped with dual controls under the current regulatory framework, which do not necessarily require a manufacturer to become one of the certificate holders mentioned. For example, the alternate aeronautical experience requirements in §§ 194.217 and 194.219 may be completed at a powered-lift manufacturer without the manufacturer having to become a part 135 operator, part 141 pilot school, or part 142 training center. The first two sections of new appendix A to part 194 prescribe applicability and eligibility provisions in section 1. and 2., respectively. Specifically, appendix A, section 1.(a) sets forth the specific ratings for which a person may utilize the minimum requirements of the appendix to apply for a pilot training program in a powered-lift with a single control and a single pilot station and specifies that the powered-lift must be type certificated, or seeking type certification, with one set of controls and a single pilot station. Section 1.(b) requires that a person utilizing the pathway set forth in the appendix apply for all three ratings simultaneously. Section 2.(a) sets forth the prerequisite qualification requirements an applicant must possess as stipulated in § 194.215(a). Finally, Section 2.(b) requires the training and testing under the appendix to be provided under a part 135, 141, or 142 approved training program. Ground Training lotter on DSK11XQN23PROD with RULES2 Ground training is an integral part of a training program that ensures an applicant has received the required instruction on the required aeronautical knowledge areas and has been found competent. Section 61.63 prescribes the requirements to apply for additional certificate consists of five phases; Preapplication, Formal Application, Design Assessment, Performance Assessment, and Administrative functions in which the FAA combines into three gates. Gate I consists of the Final Preapplication Statement of Intent and completion of the Preapplication Meeting. Gate II consists of the Formal Application and Design Assessment and is allotted 90 days for completion. Gate III consists of Performance Assessment and Administration Functions in which the FSCT allots 30 days for completion. Therefore, if an applicant is prepared, the timeline for certification would take approximately 120 days to complete. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 aircraft category, class, and type ratings other than ratings at the ATP certification level, and § 61.65 prescribes the requirements to apply for an instrument rating. A person who applies to add a powered-lift category and a type rating to a pilot certificate is required to complete the requisite ground training from an authorized instructor on the aeronautical knowledge areas specified in § 61.125(b).136 Similarly, § 61.65 requires a person to receive and log ground training from an authorized instructor or accomplish a home-study course of training on the aeronautical knowledge areas set forth in § 61.65(b) that apply to the instrument rating sought.137 The appendix will not alter the requirement to receive and log ground training on the applicable aeronautical knowledge areas, but section 3.(a) of the appendix will require the applicant to complete all the required ground training, which must be outlined in the certificate holder’s approved training program, prior to starting the simulator training phase. To ensure a person’s competency on the required aeronautical knowledge areas, including those for the specific powered-lift type, a person will be required to pass a knowledge check prior to starting the simulator training phase pursuant to new section 3.(b) of the appendix. However, because the person would already hold a commercial pilot certificate and an instrument rating, by virtue of the prerequisites in § 194.215(a), the person would not be required to take an FAA knowledge test.138 Rather, the knowledge check will be within the purview of the training program to determine the processes and procedures (e.g., number of questions, scenario based questions, etc.) of the knowledge check, but it must comprehensively cover the required aeronautical knowledge areas. The required knowledge check may be administered using written or oral questions or a combination of both written and oral questions, and the outcome of the knowledge check will be documented in the applicant’s training record. The method and content of a knowledge check must be submitted as part of the required documentation when a person submits the training program to the FAA for review and approval. A knowledge check should be similar to a progress or stage check commonly found in an operator’s approved training program under parts 135, 141, and 142, the intent 136 § 61.63(b)(2). 137 § 61.65(a)(3), 61.65(b). 61.63(d)(4), 61.65(a)(7). 138 §§ 61.63(b)(4), PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 92333 of which is to ensure the applicant possesses the foundational aeronautical knowledge of a specific powered-lift type before commencing the next phase of simulator training. Full Flight Simulator Training In lieu of flight training in an aircraft, section 4. of the appendix will permit the flight training requirements referenced in § 194.217 through § 194.235 as well as any other applicable flight training requirements under part 61 to be accomplished in a qualified Level C or higher FFS. An operator will be required to submit their training program to the FAA for approval. The program must incorporate all the flight training necessary for an eligible applicant 139 to receive a powered-lift category, instrumentpowered-lift rating, and type ratings under parts 61 and 194. At a minimum, the training program must include at least 20 hours 140 of flight training in an FFS for the commercial pilot poweredlift category and 15 hours 141 of flight training in an FFS for the instrument rating.142 This FFS training may only commence after the applicant completes the ground training portion of the training program as set forth by section 3.(a) of the appendix. As discussed in section V.F.2 of this preamble, to ensure the applicant receives training in an FFS that replicates flight in the actual aircraft as closely as possible, the FFS must be a Level C or higher qualification level. The fidelity, and therefore qualification level, of the FFS is a vital element of this alternative method of training since the applicant will receive no flight training in the aircraft, may not possess a powered-lift category rating and instrument-powered-lift rating, and will have little or no prior experience flying this powered-lift type. Additionally, after the completion of the FFS training phase, the applicant who is seeking a powered-lift category, powered-lift instrument rating, and powered-lift type rating concurrently for 139 As noted, only certain pilots will be eligible for this training under section 2 of the appendix. 140 §§ 194.217 (b)(1), 194.219(b)(1), 194.221(b)(1) and 61.129(e)(3). 141 §§ 194.225(b)(1), 194.227(b)(1), and 61.65(e)(2). 142 Of the 35 hours of flight training in the FFS, 15 hours is creditable toward the 35 hours of PIC flight time required by § 194.216(a). Additionally, the FAA notes that when instrument training is being logged toward a commercial pilot certificate with powered-lift category rating, the same training could be concurrently utilized and log toward the instrument training requirements required for a powered-lift-instrument rating. See Legal Interpretation to Ms. Kristine Hartzell- Airline Owners and Pilots Association (December 17, 2010). E:\FR\FM\21NOR2.SGM 21NOR2 92334 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 the represented powered-lift, will transition to flight in the actual aircraft with only single controls and a single pilot station. Therefore, the applicant must have some experience with a closer degree of realism of the FFS, which is only characterized at these highest qualification levels. For those pilots who already possess a poweredlift category and instrument rating and are seeking only a type rating for the powered-lift, the required qualification level of the simulator aligns with established requirements to add a type rating for other categories of aircraft. Therefore, as set forth in new section 4.(a) of the appendix, an applicant seeking all three ratings must complete all the applicable flight training requirements of § 194.217 through § 194.235, including the two instrument cross-country flights required by § 194.235, which will be conducted in the FFS, and the applicable flight training requirements under part 61. However, the cross-country requirements of § 194.233 will be accomplished during the solo segment of the training program. At the successful completion of the FFS training phase, as detailed in the approved training program, and prior to advancing to the in-aircraft phase, the applicant must satisfactorily accomplish a check administered by a person authorized to conduct this check. As set forth in 4.(b) of the appendix, a person authorized to administer the check can be a check pilot, a training center evaluator (TCE), an authorized instructor, an instructor pilot, an FAA aviation safety inspector (ASI), or another person authorized by the FAA to administer this check. Specifically, the check must consist of oral questioning and the satisfactory performance of all the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrument-powered-lift rating, and for the issuance of a powered-lift type rating.143 Requiring the applicant to demonstrate the maneuvers and procedures required for the issuance of the rating(s) ensures the 143 As is currently applicable, when an applicant is concurrently seeking a pilot certificate with instrument and type ratings, and there are overlapping tasks between the practical tests the applicant may conduct a task required for the multiple ratings sought a single time provided the task is performed to the higher standard. For example, if an applicant seeking a commercial pilot certificate with instrument-powered-lift rating, and type rating for the aircraft sought must conduct a precision approach for both the type rating and instrument rating, the applicant would only need to demonstrate the task once provided they perform it to the higher standard. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 applicant has the knowledge and mastery of controlling the aircraft prior to advancing to the training segment where flight in the aircraft without a set of dual controls will occur (i.e., when the applicant will have full control of the aircraft and the flight instructor may not have a method by which to intervene). This check requirement is also important since the applicant will not yet possess a powered-lift category or instrument rating, thereby possessing no prior experience flying this poweredlift type in addition to holding little to no category experience. The successful completion of the FFS check establishes a 90-day window in which the applicant must accomplish both the familiarity flight and demonstration flight as discussed in the following sections.144 Failure to complete both the familiarity flight and demonstration flight within this 90-day timeframe will require the applicant to return to the FFS and successfully complete a demonstration of proficiency, of which the content should include, at a minimum, the maneuvers and tasks contained in section 10. of appendix A. The FAA notes that because the FFS training would be provided under a part 135, 141, or 142 approved training program, the applicable requirements of those parts must also be met. This includes documenting the training and testing in accordance with the part under which the training program is offered, pursuant to the regulations within those parts. Aircraft Familiarity Flight The aircraft familiarity flight is the first of two in-flight training program segments required to transition the applicant from the FFS training phase to the aircraft training phase of the training program. Section 5. of the appendix will dictate the requirements of the aircraft familiarity flight. The purpose of this segment is to expose the applicant to the operation of the aircraft in actual flight in the NAS where the authorized instructor must demonstrate all of the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrumentpowered-lift rating and for the issuance of a powered-lift type rating, pursuant to new section 5.(b)(1). Additionally, it will provide the authorized instructor an opportunity to familiarize the applicant with the local flight area to include practice areas and departure airport familiarization. The aircraft familiarity flight must be accomplished 144 Appendix A to part 194, 4.(b), 5.(a) and 6.(a)(4). PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 in the aircraft with an instructor piloting the aircraft with the applicant having unobstructed visual sight of the controls and the instrumentation, and able to engage in active communication with the instructor during the entire flight under new section 5.(b)(2). During the aircraft familiarity flight, if the same task or maneuver is required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrumentpowered-lift rating, and for the issuance of a powered-lift type rating that same task or maneuver does not have to be demonstrated more than once. Additionally, tasks or maneuvers that have been waived in accordance with § 194.207(c) are not required to be demonstrated (i.e., tasks that the powered-lift physically cannot perform). Pursuant to new section 5.(c), the aircraft familiarity flight may involve one or more flights to accomplish a demonstration of all the required tasks. After a person completes the aircraft familiarity flight, the authorized instructor may endorse the applicant in accordance with new section 5.(d) to act as PIC to accomplish the demonstration flight with an authorized instructor on board. However, this endorsement will be valid only for 90 days from the date of the check in the FFS was completed (i.e., the check in accordance with new section 4.(b) of the appendix).145 This timeframe is because the demonstration flight will be the first flight that the applicant pilots the actual aircraft in the NAS for which they do not have a category rating; therefore, the linear process of flights (proficiency check in FFS, aircraft familiarity flight, and demonstration flight) must be accomplished in a timely manner so the proficiency from the FFS training and the information obtained from the aircraft familiarity flight does not degrade. Demonstration Flight The next phase in the training program set forth in the appendix includes a demonstration flight. The purpose of a demonstration flight is to enable an authorized instructor to ascertain that an applicant possesses satisfactory proficiency in the operation of the aircraft to then act as PIC safely in solo flight. In other words, the FAA finds a safety gap would exist if the applicant went directly from the FFS to solo in the aircraft, even with an aircraft familiarity flight because the applicant 145 The FAA has previously found this timeperiod to be an appropriate amount of time between proficiency retention between training and solo flights and aligns with limitations on student pilots operating an aircraft in solo flight. See § 61.87(n). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations would have no supervised experience manipulating the controls before solo flight in the NAS. The demonstration flight under new section 6.(a)(2)(i) will require the applicant to pilot the aircraft and demonstrate all the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrument-powered-lift rating, and for the issuance of a powered-lift type rating while an authorized instructor observes the applicant. During the entire flight, the instructor must have (1) an unobstructed visual sight of the controls, (2) an unobstructed visual sight of the instrumentation, and (3) the ability to engage in active communication with the applicant, pursuant to new section 6.(a)(2)(ii). Like the aircraft familiarity flight, the demonstration flight may occur over one flight or multiple flights under new section 6.(a)(3). Upon successful completion of the demonstration flight, the instructor may endorse the applicant to act as PIC of the powered-lift in solo flight, subject to any conditions and limitations the instructor believes to be warranted.146 This endorsement will be valid for no more than 90 days 147 from the day the demonstration flight is successfully completed. These endorsement requirements will be set forth in new section 6.(a)(4). If the authorized instructor or instructor pilot finds they cannot endorse the applicant for solo flight, the applicant must acquire additional training to obtain the necessary solo flight endorsement within the 90-day window that begins from the successful completion of the check conducted in the FFS, as detailed in the FFS Training section above. The training program should have a procedure for determining how that additional training will occur (e.g., additional FFS simulator training, repeated familiarity flight, repeated demonstration flight, etc.) and what items must be retrained.148 Lapse in Endorsement To Act as PIC To Accomplish the Demonstration Flight lotter on DSK11XQN23PROD with RULES2 If the applicant has not successfully completed the demonstration flight within 90 days from the day the FFS 146 For example, the endorsement could be limited to operation in cross-winds no greater than 8 knots. See Advisory Circular 61–65H. 147 See footnote 139. 148 This approach is no different from what occurs when a flight instructor determines they cannot provide the necessary two-month endorsement for a practical test. A person may not proceed until they obtain the necessary endorsement. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 check was completed, then the applicant must return to the FFS and successfully complete a demonstration of proficiency, pursuant to new section 6.(b)(1). This demonstration of proficiency will not require all the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrumentpowered-lift rating, and for the issuance of a powered-lift type rating to be demonstrated. Instead, under new section 6.(b)(1)(i), the approved training program should detail the minimum content of the demonstration of proficiency and should include, at a minimum, the maneuvers and tasks contained in section 10 of the appendix. The FAA already has minimum maneuvers and procedures contained in the regulations that must be completed successfully in order for a person to be endorsed for solo flight in a poweredlift. The minimum maneuvers and procedures contained in paragraph 10 of appendix A are those that the FAA has previously found to be necessary in order for the person to successfully operate a powered-lift in solo flight. For the training conducted under appendix A, this baseline of maneuvers and procedures is adequate to ensure applicants are found to be proficient to operate a powered-lift in solo flight. An additional mitigation is that the applicants utilizing this appendix would be already rated at the commercial pilot certificate level in accordance with § 194.217. Additionally, the check pilot, TCE, authorized instructor, instructor pilot, an FAA ASI, or other person authorized by the FAA to administer this check may add any additional maneuvers or tasks they believe should be demonstrated by the applicant to ensure the applicant has retained the proficiency in the powered-lift to continue to the in-aircraft segments of the training program. The FAA considers these individuals qualified to administer the demonstration of proficiency because they have been deemed qualified to conduct the full check required by 4.(b) of the appendix. A demonstration of proficiency in the FFS is more appropriate than a repeated in-flight demonstration flight, to ensure that the trainee is adequately knowledgeable and proficient in the operation of the aircraft before continuing to conduct solo operations in the aircraft in the NAS. This is especially important as the flight instructor does not have the ability to intervene should an unsafe condition arise. Additionally, using an FFS for the PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 92335 demonstration of proficiency allows an instructor to provide additional guidance and training, if necessary, on items the trainee may require a refresher on due to the length of time since the original check was completed in the FFS (i.e., more than 90 days). After the additional demonstration of proficiency, pursuant to new section 6.(b)(1)(ii), the applicant will be required to engage in another aircraft familiarity flight in accordance with the requirements of section 5.(b) of the appendix. Upon successful completion of the subsequent aircraft familiarity flight, the applicant may receive another endorsement for the applicant to act as PIC to accomplish the demonstration flight with an authorized instructor on board under section 6.(b)(2). This endorsement will be valid for 90 days from the day the demonstration of proficiency conducted in the FFS was successfully completed. Solo Flights Upon successful completion of the demonstration flight and after obtaining the endorsement to act as PIC of the powered-lift in solo flight, the applicant will begin the solo flight segment of the training program, as set forth in new section 6.(c) of the appendix. Specifically, the FAA finds that requiring the applicant to complete 20 hours of solo flight in the aircraft will sufficiently ensure the applicant gains an equivalent level of proficiency as that under traditional flight training, as subsequently discussed. First, the FAA notes that under the traditional flight training framework for a commercial pilot certificate, an applicant is required to obtain only 10 hours of solo flight time under § 61.129(e)(4). The FAA finds that the solo flight time parameters are equally as vital in this alternate framework for experience in solo operations integrating the areas of operation listed in § 61.127(b)(5), night VFR conditions, and certain takeoffs and landings. However, the FAA recognizes that the SFAR provides relief to the cross-country solo requirement of § 61.129(e)(4)(i). Therefore, under the appendix, the applicant may utilize the corresponding alternate provision for the cross-country time as set forth in §§ 194.217 through 194.231, as applicable. The FAA finds that because the applicant will have completed all flight training in the FFS rather than receiving exposure to the actual flight environment, the applicant will be required to obtain another 10 hours of solo flight time. The FAA finds that 10 additional hours of solo flight time, which must include the maneuvers and E:\FR\FM\21NOR2.SGM 21NOR2 92336 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 procedures required for the issuance of the three ratings, is an appropriate amount of time to expose the pilot to the realistic operating environment (e.g., weather conditions, air traffic, etc.). Additionally, because the SFAR reduces the amount of pilot in command in a powered-lift time from 50 hours to 35 hours 149 and permits 15 hours of those 35 hours to be attained in an FFS,150 by the time the applicant completes the 20 hours of pilot in command time 151 in a powered-lift, they will meet the eligibility requirements to take the practical test. Finally, § 194.233, adopted herein, sets forth alternate means to satisfy the cross-country aeronautical experience requirement for a commercial pilot certificate with a powered-lift category rating, specifically prescribed by § 61.129(e)(3)(ii) and (iii) and (e)(4)(i). Section 194.233 replaces the requirements described in § 61.129(e)(ii) and (iii) and also requires an applicant to conduct an additional cross-country because of the reduction of the total straight-line distance from 100 nautical miles to 50 nautical miles. Although § 194.233(a) requires three crosscountries to be conducted as flight training, under appendix A, the FAA is requiring the applicant to conduct all cross-country experience listed in § 194.233 as solo flight in the aircraft. Although these cross-country flights will be conducted as solo flights, the applicant will already have conducted cross-country flights in the FFS representing the powered-lift as required by § 194.235. Therefore, the applicant will have demonstrated the ability to conduct a cross-country flight in the FFS and will be adequately prepared to conduct a solo crosscountry in the NAS because of their extensive training in the FFS, and the prerequisites set forth by § 194.215. Requiring in-aircraft cross-country flights in the NAS would ensure the applicant is exposed to items that may not be adequately replicated in an FFS environment, such as pilotage, dead reckoning, realistic ATC communications, and unforecast weather events, thereby ensuring the applicant correlates all previous training in a powered-lift. Lapse in Endorsement for Solo Flights The FAA anticipates that applicants will accomplish all the required solo tasks and flight hours within the initial 90-day endorsement for the applicant to act as PIC of the powered-lift in solo flight. However, the FAA recognizes that there may be instances where an applicant is unable to complete those tasks and flight hours within the initial 90-day endorsement (e.g., prolonged weather activity). The FAA identified two distinct scenarios that will require endorsement: re-endorsement within the 90-day endorsement window and reendorsement outside the 90-day endorsement window. If an applicant identifies that they will be unable to complete their solo flights within the 90-day time period, but that period has not fully lapsed yet, the applicant will be required, at a minimum, to complete a demonstration flight with a check pilot, a TCE, an authorized instructor, an instructor pilot, an FAA ASI, or another person authorized by the FAA, as set forth in new section 6.(d)(1). However, because the 90-day period has not yet lapsed, the applicant will not be required to demonstrate all maneuvers and procedures required for issuance of a commercial pilot certificate with the applicable ratings, as is required of the typical demonstration flight. Rather, the abbreviated demonstration flight must include at least the maneuvers and tasks set forth in section 10 of the appendix.152 Additionally, the person administering the demonstration flight may require any other maneuvers or procedures necessary to satisfactorily ensure the applicant maintains proficiency such that they are qualified to act as PIC. When the applicant successfully completes of the abbreviated demonstration flight, the person who administered the demonstration flight may endorse the applicant again to act as PIC of the powered-lift in solo flight for a period not to exceed 90 days. If the 90-day endorsement period has expired, an applicant will require a reendorsement to act as PIC of the powered-lift in solo flight. Because more than 90 days will have lapsed since the applicant demonstrated proficiency, the FAA finds it is necessary for the applicant to demonstrate proficiency again before operating the aircraft in solo flight. Therefore, the applicant will be required to successfully complete, first, another demonstration of proficiency in the FFS and, second, another demonstration flight with a person authorized to administer the demonstration flight on board, as set 149 § 194.216(a). 150 § 194.216(b). 152 The 151 By virtue of being the sole occupant in the powered-lift, the applicant would be the pilot in command of the powered-lift in flight. § 61.51(e)(1)(ii). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 FAA expects that a certificate holder will detail these maneuvers and procedures in the appropriate module or lesson for their submission when seeking approval of their approved training program incorporating this new method of training. PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 forth in new section 6.(d)(2). However, each of these modules may be abbreviated since the applicant has already completed a full check in the simulator and a full demonstration flight encompassing the maneuvers and procedures required for the issuance of the applicable rating(s). Using an FFS permits the person authorized to administer the demonstration of proficiency to provide training and allows for the applicant to regain proficiency, especially if any items are noted for which the applicant may lack proficiency. Conducting this demonstration of proficiency in the FFS gives the applicant an opportunity to practice maneuvers and procedures in an environment where no risk is posed to the applicant and the person administering the demonstration of proficiency, should the applicant’s proficiency lapse and result in an unsafe condition without the ability for the instructor to intervene. As previously stated, demonstration of proficiency in the FFS must include, at a minimum, the maneuvers and tasks contained in section 10 of the appendix. Upon successful completion of the demonstration of proficiency conducted in the FFS, the person administering the demonstration of proficiency may endorse the applicant to act as PIC to accomplish the demonstration flight with an authorized instructor on board. This endorsement will only be valid for 90 days from the day the demonstration of proficiency conducted in the FFS was successfully completed.153 The demonstration flight conducted in the aircraft must consist of at least the maneuvers and procedures as outlined in section 10 of the appendix because the applicant will have already demonstrated base proficiency in the original cycle of proficiency demonstration and have experienced a refresher through the demonstration of proficiency in an FFS. If the applicant does not successfully complete the demonstration flight within 90 days from the day the demonstration of proficiency in the FFS was completed, then the cycle would start over again with the applicant completing another demonstration of proficiency in the FFS. In this specific scenario (i.e., an expired solo endorsement) the FAA finds that another aircraft familiarity flight should not be a requirement after a demonstration of proficiency in the FFS because the applicant would already 153 This is similar to the original linear process of demonstration of proficiency in the FFS, aircraft familiarity flight, and demonstration flight, except the applicant will not be required to complete another aircraft familiarity flight and both demonstrations may be abbreviated in their content. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations have some operational experience in the aircraft through, first, the original aircraft familiarity flight and, second, the original demonstration flight where the applicant demonstrated the applicable maneuvers and tasks to a person authorized to administer the demonstration flight. However, this does not preclude an instructor or a training program from requiring another aircraft familiarity flight if the training program or instructor determines it necessary in the interest of safety. Upon successful completion of the demonstration flight, the person who administered the demonstration flight may endorse the applicant to act as PIC of the powered-lift in solo flight, subject to any conditions and limitations the instructor believes are warranted. This endorsement will be valid for no more than 90 days from the day the demonstration flight is successfully completed. For example, an applicant successfully completes the FFS check on January 1, 2025, and the applicant then completes the aircraft familiarity flight on January 15, 2025. Immediately following the aircraft familiarity flight, the applicant receives the endorsement for 90 days to complete the demonstration flight, which will expire no more than 90 days from the date of the FFS check. To reiterate, the reason the 90 days begins on the date of the FFS check is because it is the date upon which the applicant has last demonstrated proficiency in the aircraft, as the applicant is just observing another pilot during the aircraft familiarity flight. Therefore, the person has 90 days from January 1, 2025, to complete their demonstration flight (i.e., the applicant acts as PIC while an authorized instructor observes). After the person satisfactorily completes their demonstration flight, the applicant will receive another endorsement by the authorized instructor to act as PIC on a solo flight even though the pilot is not appropriately rated. This endorsement starts a new 90-day clock to complete the solo flight time requirements. Thus, suppose the applicant successfully completes the demonstration flight on February 1, 2025, and receives the endorsement to facilitate the solo flights. On April 25, 2025, the applicant realizes that completing the solo flights before May 2, 2025, (90 days from February 1, 2025) is unattainable. The applicant may complete an abbreviated demonstration flight with an authorized instructor, to include the maneuvers and tasks set forth by section 10. of the appendix because the original 90 days has not expired. The applicant will then receive VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 another 90-day endorsement to complete the solo flights. Conversely, suppose the applicant does not complete the solo flights before May 2, 2025, and realizes such on May 10, 2025. The applicant will be required to successfully complete both an abbreviated demonstration of proficiency in an FFS, successful completion of which will result in a 90day endorsement for the demonstration flight, and after successful completion of an abbreviated demonstration flight, the applicant will receive a 90-day endorsement for solo flight. Practical Test After the applicant completes all required training, experience, and solo flight under the training program, the applicant will then complete the appropriate practical test(s). First, under § 61.129(e)(3)(iv),154 to apply for a commercial pilot certificate with a powered-lift category rating, a person must complete three hours of training on the areas of operation listed in § 61.127(b) in a powered-lift with an authorized instructor in preparation for the practical test within the preceding two calendar months from the month of the practical test. Under new section 7.(a) of the appendix, a person may complete this training in a Level C or higher FFS. The FAA notes that it is possible a person could complete the full training program in a timeline that would allow the crediting of the FFS training in this new section to meet the requirements of both § 61.129(e)(3)(iv) and section 7.(a). In other words, if the training program in section 4 of the appendix is completed within the preceding two calendar months, the activity could be counted for purposes of both the 20 hours of flight training and the three hours of practical test preparation. If the applicant does not have the three hours of training in preparation for the practical test within the preceding two calendar months from the month of the test, the applicant 154 The FAA notes specific stipulations to part 194 were necessary to ensure the requirements in § 61.129(e)(3)(iv) were attainable by the groups of pilots under the adoption of this SFAR (e.g., instructor pilots, test pilots, FAA test pilots, FAA ASIs, and initial cadres of flight instructors). Therefore, the provisions in §§ 194.217(b)(2), 194.219(b)(2), and 194.221(b)(2) as adopted in this final rule provide parameters under which these pilot groups receive the necessary flight training toward the practical test. As described in section V.D.3.ii. of this preamble, the FAA notes all relative flight training requirements in parts 61 and 194 are still applicable to pilots receiving training under this appendix. Therefore, the FAA did not deem it necessary to add provisions in paragraph 7 concerning the training in preparation for the practical test, because these provisions would already be applicable under the sections listed or § 61.129(e)(3)(iv). PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 92337 would be required to receive the required number of hours of instruction in an FFS to meet that three-hour requirement. Section 61.45(e) permits the use of an aircraft with single controls to be used for a practical test if certain provisions are met. Specifically, the examiner must agree to conduct the test in the aircraft with a single set of controls and the examiner must be in a position to observe the proficiency of the applicant. Additionally, § 61.45(e)(2) bars a test involving a demonstration of instrument skills from being conducted in an aircraft with single controls. Although using the single control aircraft to conduct the practical test is a theoretically viable option, the demonstration of instrument skills (as required by the instrument-powered-lift rating practical test and other discrete tasks that will be on the powered-lift category and type tests, such as a precision and missed approach) could not be accomplished in that aircraft, thus requiring the use of the FFS to demonstrate instrument skills, resulting in an SOE limitation, as subsequently discussed. When developing the practical test, as is typical practice, the examiner must ensure that the practical test meets the requirements of § 61.43, thereby encompassing all the tasks and maneuvers in the applicable Airman Certification Standards.155 However, since the practical test consists of tasks required for the issuance of the three ratings, if there is a duplication of a task, only a single demonstration of that task on the practical test is acceptable if the task is performed at the highest standard. As previously discussed in this section, when an applicant for a certificate or rating uses an FSTD for any portion of the practical test and does not meet certain experience requirements set forth in § 61.64, the applicant’s certificate will be issued with a PIC limitation.156 Under § 61.64(g), the person may remove the limitation when the person performs 25 hours of flight time in the aircraft category, class, and type under the direct observation of the fully qualified PIC.157 However, the FAA finds this 155 See section XVI. 61.64(f). Section V.E.1. of this preamble discusses the amendments adopted in this final rule to § 61.64(e), where a person would not be required to have a limitation on their certificate if the person has 500 hours of flight time in the type of powered-lift for which the rating is sought. 157 Section 61.64(g). The pilot must also log each flight and the PIC who observed the flight must testify in writing to each flight. Additionally, the pilot must obtain the flight time while performing the duties of PIC. 156 Section E:\FR\FM\21NOR2.SGM 21NOR2 92338 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations limitation would not permit a pilot to conduct supervised operating experience for a powered-lift with single controls and a single pilot station because the PIC limitation would restrict the pilot from operating the only set of controls (i.e., acting as PIC). Therefore, to mirror the typical part 61 training and testing regime, new section 7.(b), will require that a person who uses an FSTD for any portion of the practical test in accordance with § 61.64(a) after training in accordance with the appendix will receive a limitation stating the certificate is subject to certain PIC limitations and will be restricted from the carriage of persons or property other than necessary for the conduct of the flight.158 Additionally, the carriage of property for compensation or hire is not permitted, but the carriage of property under part 91 would be permitted, such as company materials. The FAA notes that if a pilot met the experience requirements of § 61.64(e), as adopted herein and subsequently discussed, the person would not receive the limitation on their certificate.159 Under new section 7.(c), the limitation may be removed from the pilot certificate by meeting the requirements set forth in section 8. of the appendix, which prescribes the requirements for supervised operating experience for a powered-lift with single controls and a single pilot station mirroring that of § 61.64(g). lotter on DSK11XQN23PROD with RULES2 Supervised Operating Experience for a Powered-Lift With Single Controls and Single Pilot Station The PIC limitation that the pilot receives under the alternate framework of the appendix functions to restrict the carriage of persons or property on board the aircraft, other than necessary for the conduct of the flight while under the observation of a pilot who holds a category and type rating without limitations for that powered-lift. In practical terms, this would occur while a pilot who holds a PIC limitation is carrying another pilot while conducting supervised operating experience. In such scenarios, the pilot with the PIC limitation can carry persons or property 158 Because flight time must be under the observation of another fully rated pilot, but the fully rated pilot would not be at the controls (and, therefore, unable to act as PIC), the FAA cannot restrict all persons from being on board the aircraft. The observing pilot would be considered as necessary for conduct of the flight. 159 The FAA expects the majority of test pilots and instructor pilots to meet § 61.64(e) with the comprehensive flight time they will accrue by virtue of the professional duties, which would springboard the first cadre of fully rated pilots to observe the flight activities in the appendix. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 because it would be necessary for the flight’s operation (i.e., for obtaining SOE). As previously discussed, under § 61.64, a person receives a similar limitation under § 61.64(f), and § 61.64(g) provides an avenue to remove the PIC limitation by completing certain SOE. This final rule applies the same concept in section 8.(a) of the appendix. As discussed, an FFS cannot fully replicate the operational experience that the actual flight environment provides to a pilot, which requires the pilot to operate the powered-lift while simultaneously making decisions, communicating with ATC, and interacting with other aircraft. Because the pilot will have attained all flight training in the FFS, the FAA finds that a certain degree of in-flight experience is necessary before the pilot may conduct commercial operations involving the carriage of persons or property (e.g., part 135 operations). To remove the limitation, under new section 8(a), an applicant seeking a powered-lift category rating, instrumentpowered-lift rating, and powered-lift type rating will be required to perform 10 hours of flight time in an aircraft of category and type for which the limitation applies under the observation of a pilot who holds a category and type rating without limitations for that powered-lift. The FAA notes this is a reduction from the requirements of § 61.64(g)(1), which requires 25 hours of SOE under the direct observation of the pilot in command who holds a category, class, and type rating, without limitations, for the aircraft. When setting the flight time requirement for SOE under this alternative, the FAA considered that the applicant will have been previously exposed to operating the powered-lift in the NAS while completing the training segment requirements through multiple flights atypical to the traditional training regime (e.g., aircraft familiarity flight, the demonstration flight). Additionally, during the applicant’s solo flight segments, they will have attained a minimum of 20 hours of PIC while conducting maneuvers, procedures, and cross-country flights as the sole occupant of the aircraft, rather than the option in § 61.129(e)(4), which permits the 10 hours of flight time to occur with an authorized instructor on board while performing the duties of PIC. To ensure the pilot is proficient in specific key flight regimes that were fully trained and tested in the simulator rather than the actual flight environment, the FAA finds it necessary to require certain elements within the SOE. Specifically, the FAA will require a cross-country flight to be conducted PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 during SOE as stipulated in new section 8.(b). Although the applicant will have gained an ability to conduct IFR procedures in the specific powered-lift type while conducting the cross-country requirements of § 194.235 in an FFS, the applicant will benefit from the additional experience of interacting with ATC that cannot be fully duplicated due to the sterile nature of the simulator environment, such as interactions with ATC, other aircraft, and the full flight environment, which all can be unpredictable. The presence of a fully qualified pilot supervising this cross-country flight will facilitate the fully qualified pilot to provide feedback or guidance on the PIC’s proficiency in cross-country elements in the actual flight environment. Therefore, this cross-country flight will mirror the requirements of § 194.235. This crosscountry flight must be on an IFR flight plan, consist of a flight of 100 nautical miles along airways or by directed routing from an air traffic control facility,160 consist of an instrument approach at each airport, and involve three different kinds of approaches with the use of navigation systems.161 Since there is only a single set of controls and a single pilot station, the applicant cannot conduct any portion of this flight with a view limiting device. Deviation for Level C or Higher Full Flight Simulator Many commenters discussed the use of novel technology (e.g., virtual reality (VR), extended reality (XR), and mixed reality (MR) systems) in simulation that could be used as a replacement for inaircraft flight training. However, those technological advancements have not yet been demonstrated to the FAA to ensure those novel technologies provide a level of fidelity equivalent to that which is currently applicable for a Level C FFS or higher qualification for any aircraft. However, the FAA recognizes that during the ten-year period of the SFAR, technological advancements might be developed and perfected, thus enabling the use of new technology to replicate the level of fidelity required for simulation to effectively replace all 160 As discussed in the NPRM, the FAA considers cross-country experience as a foundational set of skills that is necessary for a pilot in a powered-lift. At the time of this final rule, the FAA evaluated certification project and the ranges that were reported to the FAA. The FAA is retaining this experience requirement and notes that a poweredlift capable of performing this cross-country flight must be used for issuance of an initial category rating. 161 The FAA notes that this cross-country flight may be credited to the overall 10 hours of flight time set forth in section 8.(a) of the appendix and is not a mutually exclusive requirement in addition to the 10 hours. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 in-aircraft flight training. Currently, this level of fidelity is only attainable in a Level C or higher FFS.162 If such technological advancements occur, and in order to be proactive and agile, section 9. of the appendix will facilitate deviation authority to enable training to be conducted in the new technology simulation device. Therefore, to authorize a deviation from the simulator qualification requirements in section 4. of the appendix, the Administrator must determine that the alternative training device is of adequate fidelity to be used as a substitution for in-aircraft flight training, and the effectiveness and objectives of the training program can be met utilizing the alternative training device. The FAA notes the deviation authority is only applicable to the level of fidelity necessary to replace flight training in the aircraft and, therefore, is only applicable to the FFS training for powered-lift with single functioning controls and a single pilot station alternative permitted under appendix A. For a deviation, the FAA currently provides direction on how to submit a deviation to the Administrator through policy in FAA Order 8900.1.163 The applicant must submit an application in writing and detail the specific regulatory section from which a deviation is requested, include the specific reasons for why the deviation is requested, demonstrate how an equivalent level of safety will be maintained, and any other information requested by the FAA based on the rule in which deviation is sought and the complexity of the operation to which the deviation would apply. The FAA sees that an evaluation of fidelity is critical to ensure the flight training environment is adequately replicated because this training device is replacing actual experience gained in flight. iii. Alternate Three: Deviation Authority While the FAA finds the two preceding options will facilitate opportunities for pilots to obtain powered-lift ratings in powered-lift that are not equipped with a full set of dual controls, the FAA acknowledges the potential development of technological advancements that could further enable flight training in a powered-lift equipped with single flight controls and a single pilot station. Specifically, these technological advancements may sufficiently facilitate flight training for 162 Level C FFS technical standards are defined in part 60 under Appendix A (airplanes) and Appendix C (helicopters), See 14 CFR part 60 Appendices A and C. 163 FAA Order 8900.1 Volume 3, Chapter 2, Section 1, paragraph 3–41. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 powered-lift ratings but may not fit squarely into the frameworks set forth by new § 194.253(a) or (b). Such technological alternatives have not yet been demonstrated or validated at a level or with sufficient reliability that would be required to replace dual controls and two pilot stations in a powered-lift used for flight training. As such, permanent changes to the regulations are not appropriate at this time. However, given feedback from commenters, the FAA recognizes that during the ten-year period of the SFAR, current technological advancements could be perfected and integrated into the training footprint, including technologies not yet envisioned. To encourage innovation and provide a pathway for technological advancements that could achieve an equivalent level of safety as the purpose of §§ 91.109(a) and 61.195(g), the FAA will adopt deviation authority as a third alternative to allow for flight training in a powered-lift equipped with a single set of fully functioning controls to be used for flight training. First, this deviation authority will be limited to powered-lift equipped with a single set of fully functioning controls in an approved training program under part 135, 141, or 142. As previously discussed, programs under these parts have a higher level of FAA oversight than training that is conducted outside of an FAA-approved training program (i.e., through part 61). Additionally, this oversight provides the FAA the opportunity to ensure the quality of the training is maintained. It also allows the training provider and the FAA to gather data and monitor trends after approval of a novel system to be used in lieu of dual controls. In turn, this enables quicker detection and more responsive actions to correct deficiencies when those novel systems are used. When the training provider applies for a deviation to utilize a new technology or flight training plan to replace dual controls in a powered-lift used for flight training, the plan of action must incorporate characteristics that provide an equivalent level of safety that meets or exceeds the safety margin currently provided by a second set of controls in the same or similar powered-lift used for flight training. Flight training carries a higher risk compared to many other forms of flight operations because the maneuvers being taught may require the aircraft to be flown, for example, close to the ground, in a high-traffic environment, or at the limits of aircraft performance. Compounding these factors, poweredlift is new to flight operations outside of the military, and training in powered- PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 92339 lift is currently non-existent outside of the military. Flight training requires an instructor to be actively engaged in how the applicant is operating the poweredlift, to see and be aware of the flying environment, including other nearby aircraft, weather, terrain, class of airspace, etc., and all while providing high-quality instruction. Since, during flight instruction, the applicant is not rated or is inexperienced in an aircraft the responsibility for making the immediate corrective action falls on the person providing the flight instruction. Other than the flying skills necessary to make those corrective actions, recognition, and ability to make corrective actions are required. One important recognition factor to take into consideration for a system in lieu of a dual control aircraft, is that the instructor has the same visual cues available to them as the person flying the aircraft from their pilot station. This includes the field of view outside of the aircraft as well as inside the aircraft, to include the instrumentation and controls. This provides the instructor with the visual cues so they can determine if intervention is required. When intervention is required, the instructor must be able to take immediate corrective action and full control of the powered-lift to prevent a mishap. In addition, to provide effective instruction and timely and correct intervention, the FAA and the people using the technology needs to consider and understand how the advanced technology works and what its limitations are. Therefore, in the preceding example, the Administrator would consider the level of field of view the flight instructor will have outside the aircraft, as well as the one inside aircraft, including instruments and flight controls while conducting flight training. Another key element the Administrator will consider in granting deviation authority includes that the flight training and supervised operating experience requirements that can be effectively conducted using the system in place of dual controls installed on the aircraft. Although the system may provide the instructor or the pilot observing SOE with the required visual cues and the ability to take control of the powered-lift, effective flight instruction or SOE might not be possible, especially when considering all the maneuvers that can be required for flight training or any limitations of the system replacing the requirement for dual flight controls. Additionally, the instructor or pilot observing SOE would need the ability to see outside the aircraft what is normally visible from E:\FR\FM\21NOR2.SGM 21NOR2 92340 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the pilot station, thereby enabling them to intervene or provide guidance when appropriate. It would logically follow, that if the instructor had no way to observe the student’s performance or what should be visible from a pilot station in the aircraft, they could not provide effective training or supervision. Continued effectiveness of the training provided under this deviation, and monitoring of such, also justifies why this deviation may only be granted to FAA approved training programs under part 135, 141, or 142. The additional FAA oversight will recognize deficiencies with a training program’s system and require corrective actions to continue to use the system permitted by the deviation. Therefore, the FAA adopts in this final rule a third option to facilitate the use of technological advancements that would replace the requirement for fully functioning dual controls when conducting flight training. Under § 194.253(c), the training provider under part 135, 141, or 142 must demonstrate certain elements, as subsequently discussed, in a form and manner acceptable to the Administrator. As discussed in section V.D.3.ii. of this preamble, the FAA currently provides direction on how an applicant must submit an application for a deviation.164 During review of the deviation request, the FAA may request more information from the applicant to assist the FAA in determining if granting the deviation is warranted. Additionally, the applicant can provide revised information as necessary to address any deficiencies noted by the applicant or the FAA. Upon approval, the FAA will issue the certificate holder under part 135, 141, or 142 paragraph A005 detailing the deviations approval as is currently done today. Additionally, as this technology evolves or the need for deviation further emerges, the FAA will update guidance as necessary. The first provision of § 194.253(c) allows for a deviation to be made to §§ 91.109 and 61.195 that considers the ratings held by the pilot and the certificate holder’s approval of a course of training that incorporates factors that would provide for an equivalent level of safety and afford for an instructor to immediately take control of the aircraft lotter on DSK11XQN23PROD with RULES2 164 See FAA Order 8900.1 Volume 3, Chapter 2, Section 1, paragraph 3–41, which details that the request must be in writing, with the specific regulatory section from which a deviation is requested detailed, and include: the specific reasons for why the deviation is requested, how an equivalent level of safety will be maintained, and any other information requested by the FAA based on the rule in which deviation is sought and the complexity of the operation to which the deviation would apply. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 and recover from an unsafe condition. Therefore, § 194.253(c)(1) will require the certificate holder to demonstrate in a form and manner acceptable to the Administrator that the person providing flight training and the PIC observing any applicable SOE can take immediate corrective action and full control of the powered-lift and that the flight training and any applicable SOE can be effectively conducted in the poweredlift. Additionally, under § 194.253(c)(2), the alternate flight training and applicable SOE may not adversely affect safety. This demonstration could be done through a flight training versus solo complement, or even the development of a certificated system that would provide for an instructor to take control of the aircraft remotely. The FAA will not set strict parameters around this operational capability to allow for innovation that meets the safety intent of the existing sections requiring dual pilot stations with dual controls for flight training or SOE. The FAA notes that this provision is only applicable to operators of a powered-lift and only for the purposes of an initial cadre of pilots. The strict approvals provided by parts 135, 141, and 142 would act as a safety mechanism by providing oversight to supplement the equivalent level of safety determination. Specifically, the deviation will be approved through the use of the operator’s operations specifications issued by the FAA. Under § 194.253(c)(3), the Administrator may cancel or amend a letter of deviation authority at any time the Administrator determines that the requirements of section 9 of appendix A are not met, or if such action is necessary in the interest of safety. Given the novel approach underpinning a deviation, it is especially important for the FAA to be able to require changes or rescind deviations upon a determination that the new approach results in safety concerns. In the case of a rescission, training in a powered-lift with single controls will need to proceed under another available regulatory avenue. E. Supervised Operating Experience of § 61.64 1. Amendment to § 61.64(e) Section 61.64 addresses the use and limitations of FFSs and FTDs for training or any portion of a practical test for certificates and ratings, including aircraft type ratings. Specifically, under § 61.64, an applicant for an aircraft type rating may accomplish the entire practical test (except for the preflight inspection) in a Level C or higher FFS. PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 To ensure the applicant has sufficient experience operating the aircraft prior to serving as PIC, an applicant must satisfy certain aeronautical experience requirements set forth in § 61.64(b) through (e), as appropriate to the type rating sought. If the applicant meets one of the aeronautical experience requirements, then the applicant receives a type rating without limitation. If an applicant does not meet one of these requirements, the applicant receives a PIC limitation on their certificate in accordance with § 61.64(f)(2).165 The limitation may be removed from the certificate upon completion of the SOE requirement set forth in § 61.64(g): 25 hours of flight time while performing the duties of PIC in an aircraft of the category, class, and type for which the limitation applies under the direct observation of a qualified PIC who holds the appropriate ratings, without limitations, for the aircraft. As discussed in the NPRM,166 the FAA evaluated whether the requirements in § 61.64 would adequately implement the operation of powered-lift into the NAS. As it pertains to powered-lift, an applicant may accomplish the entire practical test for a powered-lift type rating in a Level C or higher FFS and obtain the poweredlift 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). These options include: (1) hold a type rating in a powered-lift without an SOE limitation; (2) have been appointed by the U.S. Armed Forces as PIC of a powered-lift; (3) have 500 hours of flight time in the type of powered-lift for which the rating is sought; or (4) have 1,000 hours of flight time in two different types of powered-lift. Upon comparing the experience requirements for powered-lift type rating applicants in § 61.64(e) to those experience requirements for airplane and helicopter type rating applicants in § 61.64(b), (c), and (d), the FAA determined during the development of the NPRM that the category-specific experience requirements for powered-lift type ratings in § 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) 165 An applicant would not receive the limitation if the completed tasks of preflight inspection, normal takeoff, normal instrument landing system approach, missed approach, and normal landing on the practical test in an aircraft appropriate to the category, class, and type for the rating sought, pursuant to § 61.64(f)(1). 166 88 FR 38946 at 38962 (June 14, 2023). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 through (3); and (d)(1), (2), and (4). Therefore, the FAA proposed the removal of § 61.63(e)(1), (2), and (4). However, the FAA proposed to retain § 61.64(e)(3), 500 hours of flight time in the type of powered-lift for which the rating is sought,167 consolidated into § 61.64(e) and adopts the provision as proposed.168 Powered-lift type rating applicants who do not use a poweredlift during the practical test and do not satisfy proposed § 61.64(e) (current § 61.64(e)(3)) will be required to accomplish SOE in the type of poweredlift for which they obtain a type rating, pursuant to § 61.64(g). Pursuant to § 61.64(g)(2), the SOE must be under the direct observation of the PIC who holds the category, class,169 and type ratings, without limitations, for that aircraft (as it applies to a powered-lift, a poweredlift category rating and a type rating). The alternate pathways adopted by this final rule will enable persons to obtain powered-lift ratings without a limitation on their commercial pilot certificates by training and testing in a powered-lift, therefore creating the initial cadre of qualified PICs to directly observe SOE. As previously stated, because the applicant would have a limitation on their pilot certificate that prohibits the applicant from serving as PIC in an aircraft of that type, the applicant is not acting as PIC of the aircraft during the SOE. Rather, the qualified PIC is observing the applicant performing the duties of PIC and is the only person who is directly responsible for and final authority as to the operation of the aircraft.170 Therefore, while SOE is not considered flight training so as to require dual controls by § 91.109(a), the supervising PIC must have access to controls in the aircraft to fulfill their responsibility to maintain direct responsibility for the operation and safety of the flight. The FAA explained in the NPRM that each powered-lift 167 While the FAA acknowledges that there are currently no type-certificated powered-lift, developmental and certification flight tests, which are conducted in accordance with an experimental certificate to the aircraft and authorization to the manufacturer’s test pilots, could be credited toward the pilot’s 500 hours of flight time in the type of powered-lift for which a rating is sought. 168 The FAA also proposed to make a conforming amendment to § 61.64(f) technical in nature that would replace the cross reference to § 61.64(e)(1) through (4) to only referencing paragraph (e). 169 As discussed in section V.D.3.ii. of this preamble, this final rule adopts certain miscellaneous amendments to make clear that regulatory references to class throughout part 61 are only appropriate if the regulations require classes for that category of aircraft. These miscellaneous amendments include § 61.64(g)(1). 170 Section 91.3(a). See also 14 CFR 1.1, which provides the PIC has final authority and responsibility for the operation and safety of the flight. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 would be required to have a version of the aircraft that contains fully functioning dual controls, consistent with those expectations for flight training in airplanes and helicopters that require a type rating. Additionally, the FAA acknowledged a movement toward Simplified Vehicle Operations (SVO) whereby automation coupled with human factors best practices may reduce the quantity of skill and knowledge training that a pilot must acquire 171 as an alternate way to perform SOE in a powered-lift with single controls and a single pilot station. 2. Alternate Requirement for PoweredLift Without Fully Functioning Dual Controls Used in Supervised Operating Experience When Adding a Type Rating The FAA continues to lack sufficient operational data to analyze and implement the use of the SVO technology that was noted in the NPRM. Without this information, it is not possible to codify permanent relief enabling SOE on an aircraft without dual functioning controls. However, as previously discussed, the FAA invited public comment specifically pertaining to how an applicant would meet the SOE requirements with a single set of flight controls in a powered-lift. ALPA generally agreed with the provisions of the proposal that rely on the use of an FFS 172 and that the pilot would receive a limitation on the grounds that SOE would ensure the pilot has adequate experience and competence operating the powered-lift in the actual flight environment. GAMA, NBAA, CAE, Eve, Joby, and L3Harris provided comments specifically pertaining to this question. Generally, commenters reasoned that SOE should only apply to newly rated PICs to ensure they are acclimated with performing PIC duties, not necessarily PICs who’ve already obtained PIC experience through the SFAR prerequisite ratings. GAMA, Joby,173 and Eve asserted that SOE is not 171 GAMA, A Rationale Construct for Simplified Vehicle Operations (SVO), (May 20, 2019). 172 ALPA also supported the use of the highest fidelity devices (e.g., an FFS with six degrees of motion) to ensure the appropriate level of aerodynamic modeling. This preamble discusses the FAA’s FTSD position(s) in section IV.C of this preamble. 173 Joby additionally recommended to remove the instrument requirements in the five checking points to be conducted in the aircraft. The FAA does not agree with Joby recommendation as this fundamental testing element minimally ensures a pilot can operate an aircraft in IFR conditions if necessary. As further discussed in section V.A. of this preamble, a pilot operating a powered-lift could be subject to inadvertent IMC, where a pilot must hold the requisite skills to operate an aircraft in IMC conditions. PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 92341 mandatory for obtaining a type rating, even when the aircraft is equipped with a single set of controls. Specifically, commenters stated that SOE is not required when the five checking points of § 61.64(f)(1) can be assessed in aircraft with single controls at the examiner’s discretion under § 61.45(e). Archer expressed the lack of need for SOE, stating that the FAA’s purpose of SOE to ensure applicants have sufficient experience operating the powered-lift for which the type rating is sought in the actual flight environment prior to acting as PIC of the aircraft for the first time in the NAS is met through the ‘‘other requirements’’ 174 the FAA is levying on pilots seeking a category and type rating. The FAA notes that the five checking points of § 61.64(f)(1) that commenters refer to are: (1) preflight inspection, (2) normal takeoff, (3) normal instrument landing system approach, (4) missed approach, and (5) normal landing. The FAA agrees with the commenters that SOE is not required if the applicant completes these five checking points in the aircraft because the person’s certificate would not be issued with a limitation. However, if the entirety of the practical test is completed in the FSTD or if the applicant completes one of the checking points in the FSTD, it follows that the certificate would receive a PIC limitation pursuant to § 61.64(f)(2), unless the person meets one of the experience requirements set forth by § 61.64(b) through (e), as applicable. In that scenario, the PIC limitation may be removed by completing SOE pursuant to § 61.64(g). Additionally, the FAA agrees with Archer that the purpose of SOE is to ensure applicants have sufficient experience in the aircraft in the NAS and actual operating environment that the PIC would operate within. However, the FAA does not agree that SOE is entirely unnecessary on the basis of ‘‘other requirements’’ that the FAA proposed in the NPRM or that SOE should only apply to initial PICs in the NAS. When SOE is required, the FAA does not give latitude based on the pilot’s experience in other categories of aircraft. Therefore, the FAA is not requiring anything more than is already required for a pilot when adding a different category or type to their existing certificate. If Archer refers to the prerequisites proposed in 174 The FAA quotes Archer’s phrasing here as the FAA is unsure what other requirements the FAA proposed to impose outside of the traditional airman certification framework that Archer intends to refer to. While the FAA proposed alternate requirements, the FAA finds these requirements are relieving rather than additional. E:\FR\FM\21NOR2.SGM 21NOR2 92342 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 § 194.215(a) (i.e., a commercial pilot certificate with at least an airplane category and single- or multiengine class rating or a rotorcraft category and helicopter class rating, and the corresponding instrument rating), the FAA finds that this would not ensure that a pilot possesses sufficient operating experience in the actual flight environment specific to the poweredlift. As discussed in section V.G.1 of this preamble, pilot proficiency does not exactly translate from category to category. While the pilot may have a plethora of PIC experience in the NAS in an airplane or helicopter, training and testing in a simulated environment necessitates operating experience specific to the powered-lift itself. Several commenters suggested alternatives to SOE. GAMA stated that the FAA does not need to grant a blanket authorization for SOE in single control aircraft. Rather, GAMA suggested two alternatives to ensure an equivalent level of safety and oversight. First, GAMA suggested amending the SOE regulations to include an alternate operation ‘‘as authorized by the Administrator’’ through a letter of authorization (LOA). Second, GAMA suggested the FAA make a determination during the FSB process as to whether the manufacturer demonstrates operational suitability and reduced pilot skill and knowledge required for safe operation such that pilots may be exempt from SOE or be authorized to conduct SOE virtually. Similarly, other commenters, such as L3Harris and Eve, suggested leveraging the FSB process to determine if a combination of SOE in an FSTD and scenario-based training (SBT), exposing the pilot to in-flight situations (i.e., situational awareness, workload management, communication, decision making) in lieu of SOE would meet an equivalent level of safety. Further, NBAA recommended utilizing the FSB process for a determination as to whether supervised line flying (SLF), as defined in AC 120–53,175 could be used as a post-qualification in lieu of SOE. Eve suggested utilizing line operational simulations, line-oriented flight training (LOFT), special purpose operational training (SPOT), and line operational evaluations (LOE) to comply with 175 Supervised line flying is defined under AC120–53 as amended, is associated with the introduction of equipment or procedures requiring post-qualification skill enhancement during which a pilot occupies a specific pilot position and performs particular assigned duties for that pilot position under the supervision of a qualified company check airman. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 operating experience requirements in single pilot operations. The FAA finds the use of limitations and a broad overarching ‘‘determination’’ would be arbitrary thereby not providing uniform expectations of manufacturers regarding the required pilot skill and knowledge for safe operation of an aircraft. The FAA would also not be able to broadly apply this relief to the manufacturer since the relief itself would be applicable to an individual pilot who has trained and tested entirely in the simulator. Further, the FAA does not agree with the feasibility of utilizing the FSB process to determine if SOE would not be required or reduced for a pilot operating a specific powered-lift. The FAA does not currently permit the FSB process to determine under what conditions SOE is required or could be reduced; a change of this nature would be a global change affecting all aircraft, which is out of the scope of this rulemaking, especially without any data or rationale to support safety considerations. The FAA does not agree with L3Harris and EVE’s suggestions to combine SOE with aircraft and FSTD experience. As discussed previously in this section, the FAA maintains its position that SOE is only valid when conducted in an aircraft due to the unique characteristics in the actual operating environment that the FFS inherently cannot replicate. The FAA also disagrees with NBAA and other commenters that suggest SLF is an adequate replacement to SOE. Powered-lift are coming to the civilian market for the first time and the only pilots with powered-lift experience in the NAS are military pilots and test pilots. Therefore, while applicants for a powered-lift type rating may accomplish their training and testing in FFS under an approved training program, the FAA has determined that applicants must have sufficient experience operating the powered-lift for which a type rating is sought as is the case for other categories of aircraft. As discussed further in section V.E.2 of this preamble, the FAA sees that the contents of AC 120–53 in regard to supervised line flying would not be applicable in this scenario especially in a standalone context with reference to § 61.64. Section 61.64 is applicable to every pilot receiving a rating, while supervised line flying is only a consideration when talking in terms of an air carrier’s approval of a training program. Powered-lift could benefit from supervised line flying if such is deemed necessary through an FSB but utilizing those standalone part 61 requirements would not be PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 appropriate. Initially, the SFAR enables certificate holders certain flexibility when considering receiving a pilot certificate under part 61 through training conducted under parts 135, 141, and 142. However, in consideration of commenters’ general positions and this final rule’s facilitation of flight training in powered-lift with a single set of controls and single pilot seat, the FAA finds that it is appropriate to extend certain relief in the context of SOE as well. Pilots who already possess a powered-lift category and instrument rating and are only adding a poweredlift type rating to their certificate would be able to utilize regulatory pathways already provided in part 61 for training and testing in an FSTD. Specifically, as is currently applicable to airplanes and helicopters requiring the applicant to hold a type rating, even if those aircraft were equipped with a single functioning flight control and single pilot station, the type rating could be wholly accomplishable in a Level C FFS or higher per § 61.63(d) and § 61.64. However, after accomplishing the practical test for a type rating entirely in the simulator, the person would receive a limitation on their certificate with PIC restrictions, but the pilot observing the SOE would need to be onboard the aircraft from an observing position. Therefore, the FAA adopts new § 194.255, which will contain the alternate requirements for powered-lift without fully functioning dual controls used in supervised operating experience when adding a type rating. New § 194.255 largely mirrors current § 61.64(f) and (g), with minor revisions to account for the inherent limitations of a single controls and single pilot station aircraft. Notwithstanding the limitation prescribed in § 61.64(f), a person who does not meet the requirements of § 61.64(e) 176 will receive a limitation on the certificate restricting the person from operating the powered-lift type from carrying any person or property on the aircraft, other than necessary for the purpose of the narrowly tailored parameters of SOE (see § 194.255(a)). New § 194.255(b) sets forth the removal requirements, which mirror § 61.64(g). Finally, under new § 194.255(c), the observing pilot will be required to have unobstructed visual sight of the controls and instrumentation. 176 In other words, a person who has 500 hours of flight time in the specific type of powered-lift would not receive a limitation on their certificate warranting SOE. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations F. Establishment of an Alternate Pathway for Pilot Certification The introduction of powered-lift as a new category of civil aircraft creates unique challenges for the training and certification of airmen. The traditional framework for a pilot follows an incremental path to build piloting skills through an iterative series of training activities with a flight instructor, accumulation of other flight experience, and successful completion of a practical test with an evaluator (i.e., student pilot to private pilot to commercial pilot to ATP for part 121 and certain part 135 operations). Under this building block approach, a pilot must meet minimum aeronautical experience requirements at each certificate level which include total time and subsets of flight time like pilot-in-command time, night time, and cross-country time. In many instances, a portion of this time must be accomplished in the aircraft for the category rating sought. However, as discussed in the NPRM, two predominant barriers exist in the introduction of powered-lift into civil operations.177 First, the FAA does not anticipate that the initial powered-lift that obtain type certification will be broadly available for basic airman training and certification at the private pilot level. Rather, manufacturers intend to produce powered-lift for commercial purposes, meaning the initial pilots will be required to hold at least a commercial pilot certificate to act as required flightcrew members (i.e., PIC or SIC) for compensation or hire. This situation disrupts the building block approach to flight training and certification which is customary for other categories of aircraft. Second, because there are no civil powered-lift, a person would have difficulty obtaining flight training due to the low numbers of qualified flight instructors who constitute a key foundation of the civil airman certification framework 178 and would not have the necessary flight time in a powered-lift to be eligible for a rating at the commercial pilot level. To address these barriers without adversely affecting safety, the FAA proposed subpart B of part 194 to establish alternate pathways for pilots to obtain powered-lift ratings through alternate aeronautical experience 177 88 FR 38946 at 38965 (June 14, 2023). FAA recognizes that the only pilots and flight instructors with powered-lift ratings are those obtained through the military competency provisions of § 61.73. While there are approximately 905 powered-lift pilots and 447 powered-lift flight instructors (as of January 2024) through this process to form an initial cadre, these numbers are likely insufficient to meet forthcoming demands. lotter on DSK11XQN23PROD with RULES2 178 The VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements and expanded logging provisions, while maintaining the general building block framework prescribed by part 61. Many commenters supported the FAA’s general intention to create an alternate framework for powered-lift pilots in light of the aforementioned barriers to certification (i.e., current lack of powered-lift in civilian operations and lack of powered-lift flight instructors). Specifically, several powered-lift manufacturers agreed that the part 61 framework is inadequate as applied to the integration of powered-lift in the NAS and expressed support for the concept of an alternate framework. Airlines for America agreed with the FAA’s framework in encompassing the current building-block approach while also redefining the aeronautical experience requirements for poweredlift. Alternate Approaches: Cycle-Based and Competency-Based Commenters recommended different approaches to certificating powered-lift pilots and flight instructors than that proposed by the NPRM, which leveraged the building block approach with alternate requirements where necessary. One commenter expressed that the FAA’s proposed alternate approach may be feasible as the industry matures, but that it is infeasible for initial powered-lift operations. Suggested alternatives included a competency-based approach and a cycle-based approach. Archer proposed a cycle-based approach in lieu of part 61 certification, specifically in context of the alternate experience framework in general and cross-country alternate requirements, stating that the traditional hours-based training and experience does not account for the unique characteristics of powered-lift. Archer stated that the length of training requirements is impossible to achieve in some poweredlift, specifically providing the example of powered-lift exceeding helicopter minimum training times. Archer urged the FAA to contemplate a cycle-based approach to pilot training utilizing §§ 121.434 and 61.159(b) as a guide and recommended amending § 61.129(e)(2)(iii) to permit powered-lift pilots to substitute 10 operating cycles 179 for 10 hours of cross-country time.180 179 14 CFR 121.431(b) defines an operating cycle as a complete flight segment consisting of a takeoff, climb, enroute portion, descent, and a landing. 180 This preamble addresses Archer’s comments pertaining to FSTD credit and cross-country time in sections V.D.2. and V.F.ii. of this preamble, respectively. PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 92343 SAE International suggested developing pilot training criteria in accordance with ICAO Annex 1 focusing on a competence-based, performance-based approach to pilot training and certification, much like EASA member states do. The commenter believed a more competence-based approach will mitigate risk and provide well trained and qualified pilots and instructors without being prescriptive (hours based). Similarly, Lilium proposed a competency-based approach to powered-lift certification rather than an hour requirement under the premise that some powered-lift will have limited endurance and range. Lilium stated that requiring in-flight hours will lead to an excessive number of ‘‘sorties,’’ 181 ultimately escalating training costs without improving safety. Instead, Lilium recommended a framework where a pilot demonstrates specific skills relevant to the operation of a particular powered-lift established by the FSB because applicants will already be trained and qualified as commercial pilots (with an instrument rating). Lilium emphasized flying experience already held by a pilot against the powered-lift type rating specifics and the operational characteristics of powered-lift (e.g., short duration flights with an emphasis on landings and takeoffs) whereby certification should be tailored to the representative conditions and maneuvers. GAMA echoed Archer and Lilium’s recommendation, stating that because the SFAR applies to already-qualified commercial pilots with significant experience, the elevated prerequisites justify a competency and trainingoriented curriculum rather than an hours-based approach. AWPC urged the FAA to consider flight hours required in a powered-lift that focus only on achieving the minimums required by §§ 61.65(f), 61.129(e)(3), and 61.129(e)(4), which are training oriented requirements instead of a prescriptive time building metric. AWPC also urged the FAA to leverage a training and through a competency-based approach in combination with passing a practical test to ATP certificate standards. Finally, SAE International supported a competency approach to training and certification. The FAA declines to adopt a cyclebased approach or competency181 A sortie is a military aviation term typically used to describe the combat mission of a singular military aircraft. The FAA notes that there is no equivalent term in FAA regulations but understands the term in this situational context to refer to ‘‘training flights.’’ E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92344 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations approach in this final rule for the following reasons. By referring to a cycle-based framework, the FAA understands commenters as meaning that operational cycles, as used in part 121, should be the model in which the FAA dictates experience requirements for applicants seeking a pilot certificate with poweredlift ratings. Section 121.431 provides the only FAA definition of ‘‘operating cycle,’’ which is specifically earmarked for the purpose of subpart O of part 121 (Crewmember Qualifications). Specifically, § 121.431(b) defines an operating cycle as a complete flight segment consisting of a takeoff, climb, enroute portion, descent, and a landing. Within part 121, the cycle-based approach is not used in the context of flight training, but rather it refers to activity after a part 121 pilot completes an air carrier training program and is designed to consolidate what the pilot has learned in training. Part 121 flightcrew members utilizing these provisions are certificated pilots in accordance with part 61, which means they have obtained significant operating experience in the category, class, and type, where appropriate, of aircraft to achieve initial certification. At such time, the pilot already holds the category and type rating necessary to operate the aircraft and the pilot has already met the cross-country requirements in category and demonstrated proficiency in operating the aircraft to receive a type rating. Additionally, this substitution of hours with operating cycles occurs while under supervision of a check pilot, for the purpose of this experience of an air carrier’s overall compliance with part 121, not for initial category and type certification. In sum, the purposes of § 121.434 and the use of operating cycles (i.e., preparing a pilot specifically for part 121 operations) are vastly different from the traditional certification framework and corresponding alternate experience requirements for powered-lift. Because the FAA only has experience and operational data of operating cycles in an unparalleled training scenario (i.e., in the context of additional training after the foundational certificates and ratings are obtained), and commenters did not provide any supporting data to justify a pivotal airman certification transition, the FAA does not find that the use of operating cycles to obtain a powered-lift category rating provides an equivalent level of experience to ensure foundational proficiency when obtaining an initial powered-lift category rating. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Archer also urged the FAA to adopt a model like that set forth by § 61.159(b) that would permit a pilot to substitute cycles of a takeoff and landing to a full stop for one hour of flight time to satisfy certain aeronautical experience requirements.182 The FAA finds that the substitution in § 61.159(b) is not feasible to implement into a model for poweredlift certification at this time. The FAA proposed the substitution of 20 night takeoffs and landings as currently set forth by § 61.159(b) in 1968, which was later adopted in 1969.183 The proposed rule 184 explained that the aeronautical experience for an ATP certificate required at least 100 hours of night flight time with no minimum number of landings. Additionally, when flight times were first developed in the regulations, airplanes had to stop more frequently for fuel and, therefore, logged more takeoffs and landings in the 100hour time frame. However, the FAA noted that because of technological advancements, airplanes made fewer fuel stops and, therefore, accomplished many fewer landings within the ATP night flight time experience of 100 required hours. Therefore, to account for this discrepancy, as well as to ensure proficiency in operations involving a reduction in a pilot’s vision, associated darkness, and available lighting, the FAA adopted the substitution in § 61.159(b) to incentivize an applicant for an ATP certificate to complete these critical flight operations to proficiency without instituting a required minimum in the regulations. However, this time is limited to 25 hours of the 100 hours of required night flight time experience; therefore, requiring pilots to still attain at least 75 hours of night flight time. Comparably, the FAA notes that the cross-country flight time required for a powered-lift pilot certificate is ten hours, and vastly less than the 100 hours of night flight time the commenter’s comparison is based upon. As discussed in section V.A. of this preamble, one critical point of pilot 182 Specifically, § 61.159(b) permits a person who has performed at least 20 night takeoffs and landings to a full stop to substitute each additional night takeoff and landing to a full stop for 1 hour of night flight time to satisfy the 100 hours requirements of night flight time in § 61.159(a)(2). However, not more than 25 hours of night flight time may be credited in such manner. 183 Airplane Transport Pilot Certificate with Airplane Rating final rule, 34 FR 17162 (Oct. 22, 1969). This provision was originally adopted in § 61.145(b), later redesignated as § 61.155(b) in 1973 (38 FR 3156). The 1997 final rule relocated § 61.155(b) to present-day § 61.159(b) (62 FR 16220, Apr. 4, 1997). 184 Airplane Transport Pilot Certificate with Airplane Rating NPRM, 33 FR 12782 (Sept. 10, 1968). PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 proficiency in the powered-lift category is the transition period from vertical take-off to horizontal flight and back to vertical landing. Should the FAA contemplate a takeoff and landing cycle mirroring § 61.159(b), the transition period into vertical flight would be a critical element to include in the scope of that cycle, which would be the equivalent of a cross-country flight. The situations a pilot encounters during the terminal and enroute portions of a crosscountry flight constitute valid experiences to increase a pilot’s opportunity to use dead reckoning and pilotage over the entire route, not only the takeoff or landing portion of the flight. The FAA further discusses endurance challenges in cross-country requirements in section V.F.4.ii. of this preamble. Additionally, the FAA notes this substitution’s applicability to those applicants seeking an ATP certificate is different from the minimum certificate level held by the target cadre of pilots this SFAR is directed toward. An applicant for an ATP certificate with an airplane category rating must hold a commercial pilot certificate with an instrument rating issued under part 61,185 inherently including a prerequisite level of experience in the airplane category. In the absence of data presented to support a cycle-based substitution, the FAA finds that implementation of a cycle-based framework at the foundational entrylevel of pilot certification for poweredlift may introduce a reduction in pilot proficiency in comparison to the traditional pathways of airman certification. Similarly, at this time, the FAA does not find it appropriate to implement a novel approach to initial category ratings through competency-based training. As defined by ICAO, competency-based training is training and assessment characterized by a performance orientation, emphasis on standards of performance, and their measurement and the development of training to the specified performance standard.186 Traditionally, a competency-based training framework is free of defined schedules and hour requirements. While operators under parts 121 and 135 regularly utilize 185 Section 61.153(d)(1). In lieu of a commercial pilot certificate with an instrument rating issued under part 61, an ATP applicant may meet the military experience requirements under § 61.73 to qualify for a commercial pilot certificate and an instrument rating (§ 61.153(d)(2)) or may hold certain foreign ATP licenses with instrument privileges or a foreign commercial pilot license (§ 61.153(d)(3)). 186 ICAO Doc. 9868, Procedures for Air Navigation Services, Training, 3d Edition (2020). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations competency-based training (and cyclebased framework) to facilitate additional and specific experience for more complex operations, the FAA does not utilize competency-based training as a pathway to airman certification in part 61 (neither foundational initial certification nor added ratings). Under the traditional airman certification process under part 61 (and part 141), a pilot must meet minimum aeronautical experience requirements at each certificate level that include total time requirements (e.g., 250 total hours to be eligible for a commercial pilot certificate) and subsets of flight time like pilot-in-command time, nighttime, and cross-country time. While these requirements are characterized by time components, this framework ensures that flight training envelops smaller blocks of flight training (e.g., instrument training in a powered-lift under § 61.129(e)(3)(i)) or flight time (e.g., 10 hours of cross-country flight time in a powered-lift under § 61.129(e)(2)(ii)) that, together, constitute the total objective of minimum aeronautical experience for a category rating on a certificate (e.g., 250 hours of flight time for a commercial pilot certificate with a powered-lift category rating). Additionally, these subsets are tethered to flight proficiency regulations respective to the certificate sought (e.g., § 61.127(b)) to ensure a person receives training on critical areas of operation. The applicable Airman Certification Standard or Practical Test Standard mirrors these areas of operation as the practical test standard. An hours-based approach ensures a set amount of flight time, exposing the pilot to a crosssection of, for example, flight environments, scenarios, and potential emergencies. Conversely, a wholly competency-based framework may not ensure a pilot receives such comprehensive exposure to foundational aeronautical experience, particularly where a practical test cannot encompass every flight scenario to confirm an independent determination of competency. For example, an applicant for a commercial pilot certificate is required to conduct aeronautical experience at night but is not required to demonstrate competency during a practical test at night. In regard to commenters’ reference to experience already held as a helicopter or airplane pilot, as the FAA outlined in section V.E of this preamble, this would not be wholly appropriate. Because a powered-lift is essentially a hybrid aircraft, pilots who have completed airplane training or helicopter training are not going to have 1:1 proficiency in a powered-lift. In other words, a pilot VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 fully trained to only airplane proficiency will not have experience in a vertical land and takeoff regime and, conversely, a pilot fully trained to only helicopter proficiency will not have experience in horizontal flight regime. Furthermore, pilots who first received a pilot certificate in an airplane or helicopter could have deeply ingrained tendencies due to the law of primacy 187 that can be very difficult to overcome. The FAA notes that this could have a significant impact on a pilot transitioning from airplane or helicopter to powered-lift. For example, a pilot performing a circling approach is conducting a maneuver requiring physical skills, while also cognitively evaluating surroundings to manage the flight path and perform a safe landing in the aircraft in which the circling approach is being conducted. During this maneuver, the pilot must incorporate motor skills as well as cognitive abilities to correlate the surrounding environment while being able plan and execute an appropriate flight path to safely land (i.e., considering possible interaction with other traffic, maintaining clear of clouds while on the approach). If the applicant first learned this in an airplane, and then was transitioning to conducting the task in a powered-lift, what was first learned in the airplane would be in the forefront of a pilot’s actions. Checklists, procedures, and maintaining positive control of the aircraft while executing this maneuver in a different category of aircraft warrants training in the aircraft on specific maneuvers to ensure the pilot has the skills necessary to operate in the NAS. Furthermore, the FAA disagrees that training wholly in a simulator would effectively mitigate any negative transfer of learning present due to the pilot’s previous experience. Effective training under realistic operating conditions and variability (i.e., in an aircraft versus in a simulator) provides the operational experience necessary for a pilot to overcome primacy. Simulator experience can present an environment that helps develop a pilot’s motor skills as well as their cognitive skills to 187 Pioneer of educational psychology, E.L. Thorndike formulated three laws of learning in the early 20th century. These laws are universally accepted and apply to all kinds of learning: the law of readiness, the law of exercise, and the law of effect. Since Thorndike set down his laws, three more have been added: the law of primacy, the law of intensity, and the law of recency. Primacy in teaching and learning, stipulates that what is learned first, often creates a strong, almost unshakable impression and underlies the reason an instructor needs to teach correctly the first time. Aviation Instructor’s Handbook, FAA–H–8083–9B (2020) pages 3–11 through 3–12. PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 92345 respond to a scenario. However, when obtaining a category rating, the integration of motor skills with cognitive skills is only fully attained to a level that mitigates any negative tendencies due to the law of primacy when the pilot is provided the opportunity to perform functions in the actual flight environment.188 Therefore, these possible proficiency gaps necessitate experience specific to a powered-lift rather than fully crediting a pilot with an airplane category or helicopter class rating with a poweredlift category rating. Additionally, the FAA does recognize the time that a helicopter or airplane pilot has through prerequisites in the alternate framework and generalized requirements in § 61.129. For example, § 61.129(e)(1) requires 100 hours in a powered aircraft, only 50 of which must be in a powered-lift. Other than the requirement that the aircraft used be a powered aircraft, the regulation does not specify which powered aircraft the other 50 hours must be accomplished in. Therefore, the other 50 hours could be accomplished in an airplane or helicopter. Finally, an SFAR intended to facilitate operations of a new and novel category of aircraft is not the appropriate place to implement a new airman certification framework due to the lack of operational data to illustrate that a novel framework would provide an equivalent level of safety in initial pilot category training. For these reasons, this final rule does not introduce a cycle-based or competencybased pathway to initial powered-lift ratings at this time. Safety Management System Processes A4A stated that any effort to provide alternative flight time and experience requirements should be vigorously vetted through the Safety Risk Management (SRM) process. The FAA uses a Safety Management System (SMS) to integrate the 188 The FAA recognizes this in a balance of crediting certain experience, while also requiring specific experience relative to the ratings and certificates a pilot is accomplishing. For example, §§ 61.129 (a)(4), 61.129 (b)(4), and 61.129 (c)(4) require solo experience to be conducted in singleengine airplane, multiengine airplane, or helicopter. Likewise, 10 hours of flight training and specific cross country flights are required to be accomplished in the specific category of aircraft required for single-engine airplane, multiengine airplane, or helicopters by §§ 61.129 (a)(3), 61.129(b)(3), or 61.129 (c)(3) respectively. The FAA has found it appropriate to codify these existing requirements, as applicable to the ratings sought, and finds these contributing human factors considerations are integral to overcoming any negative learning effects from previous experience a pilot may have in a different aircraft. E:\FR\FM\21NOR2.SGM 21NOR2 92346 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 management of safety risk into operations, acquisition, rulemaking, and decision making. SMS consists of four components: Safety Policy, safety risk management (SRM), Safety Assurance, and Safety Promotion 189 The FAA has its own established SRM policy, which supports the FAA’s SMS by providing the ability to consistently conduct SRM and provide safety risk information to decision makers. The NPRM proposed both limited permanent changes and an SFAR to facilitate powered-lift operations and permit the FAA to gather data and better understand what a comprehensive permanent regulatory framework should look like. The FAA has not identified any hazards with the narrowly tailored alternate experience that would trigger the SRM process. Additionally, with each alternate requirement proposed (and adopted in this final rule), the FAA likewise proposed (and adopts) certain risk mitigations (e.g., extra cross-country flights, requirements that the alternate requirements may only be utilized through approved training programs with FAA oversight). Since the FAA can initiate SRM at any time through its established policy, the FAA would initiate an SRM as necessary to ensure risk is mitigated. For example, if it becomes apparent that a specific hazard may exist because of the alternate experience, the FAA would initiate an SRM to identify and assess hazards related to the alternate flight time and experience requirements adopted in this final rule. The following sections briefly describe the proposed alternate requirements and address any comments on that proposal. To note, where the FAA did not propose and adopt an alternate aeronautical experience or logging provision, the person must meet the applicable part 61 requirement, as appropriate.190 1. Applicability of Alternate Requirements Because the alternate eligibility requirements facilitate a degree of relief from certain provisions in § 61.129, the FAA proposed certain prerequisites to ensure the applicant possesses extensive flight experience and a solid foundational skill set in § 194.215(a). Therefore, except for the alternate requirements for cross-country discussed later in this section, to utilize the alternate aeronautical experience and logging requirements for obtaining a powered-lift category rating and 189 FAA Order 8040.4C Safety Risk Management Policy. 190 See § 194.215(b). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 instrument-powered-lift rating, the FAA proposed a person already hold at least a commercial pilot certificate with at least an airplane category and singleengine or multiengine class rating or a rotorcraft category and helicopter class rating. The FAA also proposed the person hold an instrument-airplane or instrument-helicopter rating that corresponds to a category rating held at the commercial pilot certificate level. Commenters generally supported the parameters proposed in § 194.215(a). A4A, Archer, and Bristow supported the proposal that alternate requirements be allowed only for pilots who already hold a commercial pilot certificate and corresponding instrument rating for another category of aircraft. Archer stated that the prerequisites offer a meaningful skills and experience advantage that substantially mitigates the challenge of training in aircraft that have different flight control characteristics, and may have a single set of controls, but share an operating environment and fundamental aerodynamics. Archer further noted that possessing one category rating to enable eligibility for another category rating is unprecedented but would constitute a near-term enabler for innovation. The FAA agrees with the benefits pointed out by commenters and emphasizes that, by virtue of holding these certificates/ratings, the powered-lift applicant will have, first, satisfied the respective aeronautical experience and training requirements and, second, demonstrated flight proficiency and competency through successful completion of the requisite knowledge and practical tests. Additionally, the applicant will have valuable practical experience, such as operating in the NAS, communicating with ATC, interacting with other air traffic, and the duties and responsibilities of acting as PIC of an airplane or helicopter. One commenter questioned whether pilots of aircraft that operate primarily in wing-borne flight should be eligible for powered-lift designations in general given that they are unlikely to experience the unique aerodynamic and handling qualities-related effects of aircraft that generate thrust via proprotors. The commenter also provided examples such as lateral darting, settling with power, untoward low airspeed aerodynamic effects, and one thrust-producing device operating within ground effect while the other is operating out of ground effect.191 191 While the commenter did not specifically opine on the alternate eligibility prerequisite itself, the FAA determined this point is best adjudicated in relation to the prerequisites for the alternate framework. PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 Another individual suggested prerequisites consisting of an airplane category rating; rotorcraft category, helicopter class ratings; and part 107 UAS certificate. The commenter acknowledged that this would narrow the pool of eligible pilots but stated that initial pilots with dual qualifications in addition to a part 107 UAS rating would be the most adequately situated to inform industry in training adaptation and procedures. The unique aerodynamic and handling qualities of a powered-lift necessitate specific powered-lift training and flight time, which is why a pilot who operates primarily in wing-borne flight (i.e., an airplane-rated pilot) must complete specific powered-lift aeronautical experience requirements rather than being automatically eligible for a powered-lift category rating solely on the basis of a prerequisite certificate. The prerequisites for the alternate framework simply function to ensure that an applicant has an advanced level of aeronautical knowledge as a foundation before capitalizing on certain relieving provisions. However, the FAA disagrees with the premise that holding a remote pilot certificate issued under part 107 translates into experience that should be credited or required in the applicability of the proposed alternate requirements for manned aircraft under this rulemaking. Part 107 applies to the registration, airman certification, and operation of civil small UAS within the U.S.192 To obtain a part 107 certificate, a person need only meet the eligibility requirements of § 107.61, which includes either (1) passing an initial aeronautical knowledge test covering the areas of knowledge in § 107.73 or (2) completes training covering the areas of knowledge in § 107.74, if the person holds a part 61 certificate (other than a student pilot certificate) and meets the flight review requirements of § 61.56. Several of these knowledge areas are specifically tailored to small UAS that would not translate to recognizable experience applicable to a powered-lift. For example, effects of weather on small UAS performance and operations will be handled differently by a remote pilot than the effects of weather 193 on a large powered-lift with a pilot physically onboard the aircraft. For these reasons, the FAA finds there would be little net benefit by also requiring a part 107 small UAS rating on a person’s pilot certificate to the prerequisites of the alternate eligibility framework. 192 § 107.1. 193 §§ 107.73(c) E:\FR\FM\21NOR2.SGM 21NOR2 and 107.74(b). Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Therefore, the FAA adopts the requirement that a person must hold at least a commercial pilot certificate with at least an airplane category and singleor multi-engine class rating or a rotorcraft category and helicopter class rating, and the corresponding instrument rating (i.e., instrumentairplane or instrument-helicopter), to utilize the alternate experience requirements (except for cross-country) in § 194.215(a). lotter on DSK11XQN23PROD with RULES2 2. Obtaining a Powered-Lift Category Rating on the Commercial Pilot Certificate (§ 61.129(e)) Section 61.129(e) sets forth the aeronautical experience requirements 194 to obtain a commercial pilot certificate with a powered-lift category rating. Section 61.129(e)(1) through (4) require specific flight time, such as flight time in powered aircraft, flight time in powered-lift, PIC flight time (including a certain amount of PIC time in a powered-lift), cross-country time, flight training time, and solo flight time (or flight time performing the duties of PIC in a powered-lift with an authorized instructor onboard), resulting in at least 250 hours of total flight time. These flight time requirements specific to powered-lift, resulting from the 1997 final rule, largely mirror the aeronautical experience requirements for airplanes.195 By virtue of this rulemaking, and as extensively discussed in the NPRM,196 the FAA acknowledges the lack of certificated powered-lift in civil operations available in which pilots can build the necessary flight time required in § 61.129(e). Even with the introduction of powered-lift into civil aviation, pilots will encounter an inability to satisfy several of these requirements for a commercial pilot certificate (and an instrument rating 197), such as the required PIC flight time in powered-lift in § 61.129(e)(2)(i) and cross-country experience in powered-lift in § 61.129(e)(3) and (4). Additionally, the logging requirements of § 61.51(e) present obstacles for a pilot who is not 194 Section 61.123 prescribes the general eligibility requirements for a commercial pilot certificate; paragraph (f) requires an applicant to meet the aeronautical experience requirements of subpart F (Commercial Pilots) that apply to the aircraft category and class rating sought (i.e., § 61.129). 195 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, final rule, 62 FR 16220 (Apr. 4, 1997). 196 See 88 FR 38946 at 38967 (June 14, 2023). 197 While this section discusses obtaining a powered-lift category rating on a commercial pilot certificate, section V.F.3. of this preamble discusses obtaining an instrument-powered-lift rating. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 rated in a powered-lift to log PIC flight time in a powered-lift. Therefore, the FAA proposed to enable certain applicants for a poweredlift category rating on their commercial pilot certificate to satisfy alternate aeronautical experience and logging requirements for (1) test pilots and instructor pilots, (2) the initial cadre of instructors, (3) pilots receiving training under an approved training program, including provisions that would enable certain applicants to credit time obtained in an FFS toward certain flight time requirements. The FAA also proposed alternate requirements for cross-country flights, which are generally applicable to all applicants for a commercial pilot certificate with a powered-lift category rating.198 This section discusses the adopted alternate framework in part 194 199 (i.e., alternate experience, logging, cross-country requirements, and provisions facilitating FFS credit) and responds to comments. While the alternate framework is largely adopted as proposed in subpart B to new part 194, the FAA determined the challenges presented in obtaining PIC flight hours in a powered-lift necessitate further relief in the context of hours required and available credit in an FFS, as subsequently discussed. Section V.F.6. of this preamble provides tables summarizing the adopted alternate requirements for persons seeking a powered-lift category rating on a commercial pilot certificate. The FAA received many comments pertaining to the total amount of hours of flight time in a powered-lift set forth by § 61.129(e)(1) and, second, the hours of PIC flight time in a powered-lift set forth by § 61.129(e)(2). The FAA did not propose an hour reduction to either of these provisions in the NPRM. Because each of these provisions apply to all populations of pilots under the SFAR (i.e., test pilots, instructor pilots, initial cadre instructors, and pilots receiving training under an approved training program), this section discusses the additional relief provided by this final rule to PIC flight time in a powered-lift and available FFS credit. Subsequent sections provide additional discussion applicable to specific pilot populations. 198 Section V.F.4. of this preamble discusses alternate means to satisfy the cross-country aeronautical experience requirements for a private pilot certificate with a powered-lift category rating and an instrument-powered-lift rating. 199 The FAA adopts these alternate eligibility requirements in a temporary state in the SFAR to obtain operational data to properly inform a permanent rulemaking in the future. PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 92347 Alternative Structured Options for Flight Time in § 61.129(e)(1) AWPC, GAMA, and Joby suggested reducing the requirement that a pilot must log 100 hours in a powered aircraft, 50 of which must be in a powered-lift.200 Each suggested structured alternatives in lieu of the hour requirement. AWPC noted the commonality between ACS utilized for training and testing and suggested that, in conjunction with the prerequisites to utilize the SFAR, the FAA should approve a course that is competency and training oriented rather than prescriptive time building. AWPC suggested credit through an Initial Operating Experience (IOE) or other SOE toward flight hours toward § 61.129(e)(1). Similarly, notwithstanding Joby’s emphasis on eliminating the powered-lift category rating as discussed in section V.A. of this preamble, Joby suggested that the FAA facilitate other methods for obtaining aeronautical experience prior to conducting commercial operations in lieu of a category-based emphasis on time building. Joby specifically stated that § 61.129(e)(1) is not aligned with type-specific training and experience in the SFAR. Joby contended supervised line flying (SLF) requirements, including virtual observation or a probationary period, would be appropriate in light of the broader training program. Similarly, ADS recommended the FAA leverage the FSB process to require post-qualification SLF. Finally, GAMA questioned the net safety benefit of the requirement of § 61.129(e)(1) flight time in a poweredlift as mere time-building and urged the FAA to transition away from § 61.129(e)(1) time building and, instead, prioritize scenario-based training in an FSTD through SLF and LOFT. The FAA does not find that activities such as SLF, IOE, or LOFT achieve a level of safety for an initial powered-lift category rating such that a full substitution is warranted. SLF, IOE, and LOFT are tools utilized by an operator to transition a certificated pilot into the operational environment specific to that operator (i.e., structured flight training environments to line operations). For example, SLF is typically conducted upon the introduction of equipment or procedures for a specific pilot position and particular assigned duties within an air carrier (e.g., introduction of a new system like ADS–B, RAAS, or new operations like ETOPS), presuming the pilot is appropriately certificated and 200 § 61.129(e)(1). E:\FR\FM\21NOR2.SGM 21NOR2 92348 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations rated. To date, these tools are not tailored toward flight training toward an initial category and type rating. The alternatives suggested by commenters (i.e., SLF, IOE, and LOFT) could all be used by certificate holders as supplementary to their part 135 operations. However, the FAA does not find that these programs provide an equivalent or greater level of safety to the aeronautical experience requirements set forth by part 61 such that a reduction in flight time required for an initial powered-lift rating is justified at this time. The requirement to obtain a certain amount of flight time in the aircraft a pilot seeks a rating for is not a new or novel concept unique to powered-lift. While the FAA anticipates challenges with the traditional part 61 framework, the FAA finds the alternate requirements, as adopted by this final rule, to be sufficient measures in furthering powered-lift civilian operations. Additionally, because there are no certificated powered-lift for civilian operations upon which the FAA may base an overhaul of the traditional training time and hours-based framework on, nor did commenters provide any data or persuasive evidence, the FAA declines at this time to implement the novel concept of category certificate elimination or credit of SLF, IOE, and LOFT toward an initial rating. lotter on DSK11XQN23PROD with RULES2 Reduction of Powered-Lift Pilot-inCommand Time (§ 61.129(e)(2)) A person who applies for a commercial pilot certificate with a powered-lift category rating must log at least 250 hours of flight time consisting of at least, in pertinent part, 100 hours of PIC flight time, which includes at least 50 hours in a powered-lift.201 Under § 61.51(e)(1), as relevant to this section, a pilot may log PIC time only when the pilot is the sole manipulator of the controls of an aircraft for which the pilot is rated (category, class, and type rating, if appropriate) or is the sole occupant of the aircraft. While the FAA explained in the NPRM, and still maintains, that the proposal would permit pilots to log the time that meets the criteria in this final rule retroactively,202 the FAA did not propose to decrease the requirement to log 50 hours of PIC flight time in a powered-lift for any pilot under the SFAR. Many commenters urged the 201 Section 61.129(e)(2). underscore, flight time that a pilot is currently accruing, and has previously accrued, that meets the conditions adopted in the SFAR may be applied toward the 50-hour requirement when the pilot applies to take the practical test. 202 To VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 FAA to implement a provision reducing this requirement. Many commenters stated that the 50hour requirement in existing § 61.129(e)(2)(i) is simply a timebuilding requirement that does not add value to a pilot’s experience, especially where pilots under the SFAR will have extensive prior PIC experience through virtue of the prerequisite requirements. These commenters included: HAI, L3Harris, AWPC, GAMA, Lilium, Archer, and Supernal. Commenters stressed that the simplicity of powered-lift renders time building of little value and questioned the net safety benefit of a 50-hour requirement. For example, Archer proposed a 30-hour minimum considering the unique capabilities of powered-lift, many of which possess control frameworks that provide inherent hands-off stability. Archer noted that many OEMs’ reliance on battery electric driven propulsions would make maneuver-centric repetition in aircraft training difficult. Supernal emphasized the importance of the critical skill of transitioning between vertical and on-wing flight as opposed to total flight hours. Similarly, GAMA and L3Harris proposed a substitution like that set forth in § 61.159(b) whereby an applicant could perform a certain number of powered-lift takeoffs and landings in lieu of a certain amount of flight hours. Commenters also referenced commonality between maneuvers required by the powered-lift Airmen Certification Standards (ACS) and the airplane and helicopter ACS for purposes of the prerequisite requirements set forth by § 194.215. GAMA, Lilium, and AWPC emphasized that this gives further credence to reducing the hour requirement (i.e., because those pilots will have already demonstrated proficiency in overlapped tasks by virtue of holding the prerequisite ratings). Additionally, commenters urged the FAA to consider the environment within which training under the SFAR will occur to warrant a reduction in hours. Specifically, AWPC and GAMA emphasized that training under the SFAR would be conducted under an approved course under parts 135, 141, and 142, which require certain prerequisites to entry and a standardized course of instruction. Commenters, including Archer, likened this to courses under part 141, where the FAA approves certain reduced aeronautical experience time compared to part 61. Specifically, Archer noted that appendix I to part 141, (4)(c)(3) requires a minimum of 30 hours of flight training to add a helicopter class rating PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 to an existing pilot certificate and urged the FAA to adopt similar parameters. Further, GAMA and AWPC cited the recent final rule, Recognition of Pilot in Command Experience in the Military and Air Carrier Operations,203 to support the premise that there is a lack of safety benefit provided by a timebuilding approach. Specifically, the commenters stated that the FAA explained in that final rule that time spent in certain flight regimes in a military powered-lift was equivalent to time in an airplane for the purposes of meeting specific aeronautical experience requirements for an ATP certificate. Both commenters stated that the minimum times should be linked to those specified in §§ 61.65(f) (aeronautical experience for the instrument-powered-lift rating), 61.129(e)(3) (20 hours of training on the areas of operation in § 61.127(b)(5)), and 61.129(e)(4) (solo flight time or flight time performing the duties of PIC with an authorized instructor on board), which are training oriented rather than time building, in conjunction with passage of a practical test to ATP certificate standards to ensure equivalent level of safety. Finally, several commenters emphasized that the 50-hour PIC flight time in a powered-lift set forth by § 61.129(e)(2)(i) would present resource and cost challenges contrary to public interest. AWPC noted that time building in a large, multi-engine turbine powered tiltrotor would be contrary to public interest because of the consumption of large quantities of fuel, especially at a time when the AAM industry is making strides toward zero carbon emissions, in addition to other noise impacts. Other commenters, such as Lilium, noted that electric aircraft would have limited range and endurance capabilities that would make accumulating time in an aircraft difficult. HAI stated that requiring 50 hours of PIC in a poweredlift would be overly burdensome and unnecessary, especially considering the minimum qualifications a pilot would have to hold would be at the commercial pilot certificate level. HAI and GAMA expressed concern that the flight endurance and resource limitations would extend each FSB process from six to nine months. They further emphasized the challenges presented for OEM’s where FSB members would be required to travel long distances to conduct their duties. First, the FAA does not agree that aeronautical experience is only a timebuilding exercise but emphasizes that the aeronautical experience 203 87 E:\FR\FM\21NOR2.SGM FR 57578 (Sept. 21, 2022). 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 requirements are an iterative process to ensure a pilot has adequately trained to proficiency while gaining a minimum level of experience to be a safe pilot in the NAS. The FAA maintains the value in accruing experience in the aircraft through minimum time requirements, as such experience builds a pilot’s ability to respond and make decisions in unexpected conditions. For example, with respect to weather, some research indicates, first, a lower level of pilot experience increases accident rates versus incident rates during adverse weather events and, second, increased experience results in better decisionmaking abilities. The study also found that increased experience results in a lower accident rate than subgroups that had less pilot experience when studying actual occurrences related to adverse weather events.204 However, in light of commenters’ contentions, the FAA reevaluated the amount of time required by § 61.129(e)(2)(i) for those pilots using the alternate framework set forth by the SFAR. Specifically, the FAA compared the experience requirements in existing § 61.129 for airplanes (§ 61.129(a) and (b)) and helicopters (§ 61.129(c)) related to those required for a powered-lift rating (§ 61.129(e)). An applicant must have 50 hours of PIC flight time in an airplane when applying for an airplane single-engine rating and multiengine rating; 205 for a helicopter class rating, however, an applicant must only log 35 hours of PIC flight time in the helicopter class to be eligible for a commercial pilot certificate. As discussed, to receive a powered-lift rating at the commercial pilot certificate level, a pilot would need 50 hours of PIC time in a poweredlift, which aligns with the time requirement for airplanes. While the NPRM did not propose to reduce the hours set forth in § 61.129(e)(2)(i), it proposed to allow pilots under the SFAR receiving training from a certificate holder to credit up to 15 hours of PIC time obtained in a Level C or higher FFS toward the 50-hour PIC requirement.206 However, after reconsidering the hybrid nature of a powered-lift in relation to the prerequisites 207 and requirements set 204 See Udo-Imeh, N. E., & Landry, S. J. (2021). Dimensions of Pilot Experience and Their Contributing Variables. 63rd International Symposium on Aviation Psychology, 376–384. corescholar.libraries.wright.edu/isap_2021/63. 205 §§ 61.129(a)(2)(i) and (b)(2)(i). 206 See proposed § 194.223(c). 207 Specifically, to use the SFAR’s alternate framework, a person must already hold at least a commercial pilot certificate with at least an airplane category and single- or multiengine class rating or a rotorcraft category and helicopter class rating. The person will also be required to hold an instrument- VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 forth under the alternate framework and weighing the current requirements in § 61.129 for a commercial certificate for powered-lift, airplanes, and helicopters, the FAA agrees that a reduction in flight hours as PIC in a powered-lift under the SFAR would sufficiently ensure pilots are proficient in the duties of a PIC operating a powered-lift and alleviate some of the burden posed for operators of a powered-lift without jeopardizing safety. When determining the amount of reduced time, the FAA specifically considered a reduction to align with the PIC time in a helicopter. The FAA maintains that a powered-lift is essentially a hybrid between an airplane and helicopter While part 61 does not traditionally facilitate any category-tocategory reduction in PIC aeronautical experience, the hybrid status of a powered-lift, in conjunction with the mitigations discussed herein and certain operational symmetry between helicopter and powered-lift, substantiate the alignment of powered-lift PIC time to helicopter PIC time for pilots under the SFAR.208 While the FAA’s position is that powered-lift are, for practical purposes, operated largely like airplanes, key operational differences necessitate closer alignment with helicopter requirements for the purposes of airman certification than alignment with airplane requirements. Specifically, as noted by commenters, powered-lift operations will be of shorter range, resulting in condensed critical phases of flight as compared to airplanes, which should be reflected in the training footprint. Given that powered-lift training flights and commercial operations will generally consist of shorter range distances, combined with the advanced technology airplane or instrument-helicopter rating that corresponds to a category rating held at the commercial pilot certificate level. 208 By virtue of a person holding the prerequisites as set forth in 194.215(a), the person would have accrued experience in horizontal flight or vertical land and take off such that regardless of the category the person holds, the person will have some degree of PIC experience in a powered-lift flight regime. Conversely, a person who holds, for example, an airplane category rating who seeks a rotorcraft category rating will only possess experience in a horizontal flight regime, inapplicable to the flight regime experienced in rotorcraft. The FAA notes that, while this time is valuable and applicable to powered-lift experience and operations, thereby warranting a reduction in PIC flight time as explained herein, actual experience in the category of aircraft (i.e., a powered-lift) is essential to attaining full proficiency in the powered-lift where aeronautical knowledge and operational gaps will exist by virtue of operation in another category of aircraft (e.g., an airplane category pilot will have no experience with vertical land and takeoff). Additionally, see section V.F. of this preamble for additional discussion on primacy effect. PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 92349 detailed by the commenters (e.g., handsoff capabilities, advanced automation, Simplified Vehicle Operations), the reduction in flight time will not negatively affect safety because applicants will conduct a substantial number of takeoffs, transitions from vertical and on-wing flight, and landings (i.e., the critical phases of powered-lift flight) within 35 hours, similar to helicopters. Conversely, airplanes inherently possess longer range capabilities, resulting in less burden to reach the 50-hour PIC time in an airplane and longer cross-country horizontal flight opportunity. Finally, applicants seeking a commercial certificate with a poweredlift category rating must conduct their training under an approved training program under part 135, 141, or 142 under the SFAR to qualify for this PIC relief. As noted by commenters, appendix D to part 141, which sets forth the minimum curriculum for a commercial pilot certification course, and appendix I, which sets forth the minimum curriculum for an additional aircraft category rating course, generally facilitate a reduced hour footprint than the corresponding certificates in part 61. This relief is largely due to the greater oversight, structured training program, dedicated training facilities, and FAAapproved curriculum offered at the part 141 pilot school. The FAA finds that the approved part 135, 141, and 142 programs under which an SFAR pilot would receive training offer the same safeguards (e.g., oversight, structure, etc.) for certain reduced footprints such that a similar degree of relief may be offered for these approved programs without a reduction in safety. Therefore, the FAA is reducing the total hours of PIC in the powered-lift from 50 hours to 35 hours to situate pilots seeking a powered-lift rating under the SFAR more similarly on their commercial pilot certificate to those that are attaining a helicopter rating on their commercial pilot certificate. Notwithstanding the eligibility requirement specified in § 61.123(f), new § 194.216(a) will permit an applicant for a commercial pilot certificate with a powered-lift category rating under §§ 194.217, 194.219, 194.221, or 194.223 to log 35 hours of pilot-in-command flight time in a powered-lift in lieu of the aeronautical experience requirement of § 61.129(e)(2)(i) (i.e., 50 hours). In turn, this requires minor revisions to the reg text as proposed in those alternate experience provisions (§§ 194.217, 194.219, 194.221, and 194.223). Because § 194.216(a) renders § 61.129(e)(2)(i) inapplicable to pilots under the SFAR E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92350 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations seeking a commercial pilot certificate with a powered-lift category rating, the FAA finds it necessary to replace references proposed in part 194 from § 61.129(e)(2)(i) to § 194.216(a). This cross-reference replacement is adopted in: §§ 194.217(b)(3), 194.217(c), 194.219(b)(3), 194.219(c), 194.221(b)(3), 194.221(c), and 194.223(c). The FAA notes this relief is only permitted under the limited circumstances set forth by the SFAR with the discussed mitigations and does not make a permanent change to § 61.129(e)(2)(i). As discussed in section I.G. of this preamble, the benefit of the SFAR is to collect information over the lifespan of the temporary regulations. The FAA intends to use the time to determine whether a permanent change to § 61.129(e)(2)(i), congruent to PIC flight time in a helicopter, is justified in part 61. Additionally, as discussed further in the subsequent section of this preamble, this final rule will allow for 15 hours in a Level C or higher FFS to be credited toward the PIC requirement of § 194.216(a) and expands this relief to all pilots under the SFAR. Relatedly, the FAA agrees with GAMA and AWPC that a similar concept was promulgated in the final rule Recognition of PIC Experience in the Military and Air Carrier Operations, although the two are not synonymous scenarios such that the traditional approach of garnering time in the aircraft is not warranted from a safety perspective. The Recognition of PIC Experience final rule allowed military pilots to credit flight time in a poweredlift while operated in horizontal flight only toward the requirements of § 61.159(a)(5) (i.e., an airplane category rating). This change was to assist military pilots of powered-lift in qualifying for an ATP certificate in the airplane category supported by the premises that, first, a military pilot will have two to five times the amount of PIC time required by the regulation; second, military powered-lift pilots receive training and qualifications in airplanes prior to transitioning to a powered-lift; and, third, the comprehensive and demanding nature of military pilot training and military assessment of flight proficiency.209 These premises are not synonymously applicable to the qualifications required for the operations enabled by this SFAR. While not the basis for the FAA’s decision to reduce the PIC flight time, the FAA finds that this reduction will address commenters’ concerns about resources and cost to the training provider. To the extent that commenters 209 87 FR 57578 at 57580 (Sept. 21, 2022). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 suggested noise impacts would be implicated because of the additional time required to operate an aircraft toward pilot certification, the FAA notes that these aircraft will still be required to meet the noise requirements of part 36; noise considerations are further discussion in section IV.B. of this preamble (‘‘Noise Certification’’). Expansion of FFS Credit Toward PIC Flight-Time Requirements Currently, § 61.129(i) permits a certain amount of credit for use of an FSTD to certain aeronautical experience requirements. Specifically, in pertinent part, § 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 a powered-lift rating, provided the aeronautical experience was obtained from an authorized instructor in an FFS or FTD that represents the powered-lift category and type. For applicants who have accomplished the training required by § 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 a poweredlift rating, provided the aeronautical experience was obtained from an authorized instructor in an FFS or FTD that represents the powered-lift category and type. To allow for more flexibility and to foster the development of an initial cadre of powered-lift pilots, the FAA proposed to temporarily permit certain time obtained in a Level C or higher FFS to be credited specifically toward the 50-hour PIC flight time requirement in § 61.129(e)(2)(i) in addition to the permitted use of credit in § 61.129(i). Specifically, to mitigate any risk with increasing creditable FFS time, the relief as proposed would have only applied to the group of pilots receiving training from an approved training program under the SFAR provided (1) the aeronautical experience was obtained performing the duties of PIC in a Level C or higher FFS representing the powered-lift category and (2) the FFS sessions were conducted in accordance with an approved training program under part 135, 141, or 142.210 210 See proposed § 194.223(d). This relief was also proposed for those pilots receiving training under an approved training program leading to an instrument-powered-lift rating in proposed § 194.231(c). Section V.F.3. of this preamble discusses the instrument-powered-lift alternate PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 The FAA did not receive any comments directly opposing crediting of time in this manner. In fact, several commenters commended the FAA on the approach in § 194.223(d) to credit aeronautical experience in this manner, citing limited range and endurance in the aircraft itself that could hinder the ability to perform repetitive, maneuvercentric training in the aircraft. However, many commenters who supported reducing the PIC time in a powered-lift also proposed the FAA permit the credit of even more time in an FFS toward the PIC time in a powered-lift. These commenters generally emphasized that FSTDs provide realistic, controlled training environments especially useful for training on abnormal and emergency procedures and specific operational scenarios. Commenters suggested crediting 35 hours of PIC time in the FFS, thereby only requiring 15 hours of PIC flight time in the powered-lift in flight (under the premise of the proposal retaining the 50 hours of PIC time in a powered-lift requirement) or permitting all PIC flight time in the FFS. Commenters included: Archer, Lilium, Bristow, GAMA, Supernal, and Flight Safety International. Commenters also urged the FAA to consider widening the scope from FFS to FSTD. Supernal recommended the FAA maximize the use of flight training devices and flight simulators used for proficiency and examinations and generally agreed with the need for high fidelity simulators utilized for training and qualification of a person seeking a powered-lift type rating. Archer agreed with the FAA’s approach to credit 15 hours of flight training in an FSTD, but suggested the FAA should consider Level 6 FTD devices or higher to be considered in this credit. Archer stated that FTDs qualified under part 60 would encourage a more widespread application of innovative devices, ensuring training remains affordable and accessible for a broader range of operators. Archer described FTDs as offering a balanced approach to training through realistic simulation at a fraction of the cost of Level C or higher FFSs. Additionally, Archer stated that requiring a Level C FFS for PIC aeronautical experience does not align with regulations that offer flexibility and efficiency by use of an FTD such as §§ 61.64, 61.129(i), 141.41, and 142.59. CAE, FlightSafety International, BETA, UPS Flight Forward,211 and L3Harris also requested the FAA amend experience requirements proposed and adopted in the SFAR. 211 UPS FF specifically drew comparisons to part 121 AQP advances with FTDs of a lower level. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the proposal to include any FSTD acceptable to the Administrator or that meets the equivalency of a Level C FFS rather than specify Level C FFS only. BETA suggested consideration of nonmotion or 3-degree-of-freedom platforms for creditable training and evaluation. As discussed in the preceding section of this preamble, this final rule reduces the amount of PIC flight time in a powered-lift from 50 hours to 35 hours. The FAA does not find a reasonable basis to allow a greater amount of credit than 15 hours, nor has the FAA received any compelling data on why a higher hourly amount of simulator training would provide an equivalent level of safety. The FAA finds that the operation of an aircraft in the NAS when adding a foundational category rating to a pilot certificate is important because FSTDs cannot fully replicate the operational experience a pilot receives in the actual flight environment, including, but not limited to, interaction with other aircraft, decision making experience and familiarity with actual air traffic control environment. In the proposal, the FAA intended to permit 30% of training in a Level C or higher FFS. While the FAA does not see a reason to reduce this amount in light of the total reduced PIC flight time in a powered-lift, particularly given considerations of abnormal and emergency procedures training opportunities afforded by simulation, the FAA notes that training in a Level C or higher FFS could now account for approximately 43% of the required time. Therefore, because time in an FFS that may be credited toward the PIC flight time in a powered-lift accounts for a larger footprint, the FAA finds that commenters’ concerns pertaining to limited ranges, cost, and accessibility are addressed. Additionally, after consideration of comments, the FAA does not find a reasonable basis to limit the population of pilots that may use this crediting provision. Under the proposal, an applicant for a commercial pilot certificate with a powered-lift category rating could only credit the 15 hours toward the 50-hour PIC flight time requirements in § 61.129(e)(2)(i), in relevant part, in accordance with an approved training program under part 135, 141, or 142. However, the FAA finds it appropriate to generalize the provision to all pilots under the SFAR: a manufacturer’s test pilots and instructor pilots,212 FAA test pilots and 212 A powered-lift at the manufacturer will be actively working through the type-certification process with the experimental powered-lift and, therefore, the aircraft will not be type certificated VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 ASIs,213 initial cadre flight instructors, and pilots receiving training under an approved training program. This final rule moves the framework of the provision from proposed § 194.223(d) to § 194.216(b) to apply to all pilots under the SFAR, in accordance with the manufacturer’s proposed training curriculum, manufacturer’s approved training curriculum, or approved training program under part 135, 141, or 142, as applicable to the pilot. However, the FAA maintains that credit is only appropriate for that time in a Level C or higher FFS. As discussed in section IV. C. of this preamble, the FAA described that a Level C FFS provides the minimum level of fidelity and motion cueing to replicate the environment for the time in which a pilot would normally be logging PIC time in the aircraft.214 FFSs qualified below a Level C FFS are typically not qualified for takeoff, landing, and taxi tasks for initial pilot training and have less stringent system latency requirements, ultimately resulting in slower responsiveness of the simulation, reduced visual system fields of view, and no minimum requirements for daylight or dusk visual scenes. These differences contribute to a lower level of fidelity of the simulation that would result in an overall lower level of immersion during a simulation event. Therefore, the FAA declines to broaden credit to Level A and B FFSs. Further, the FAA disagrees that FTDs would be adequate to warrant credit for PIC aeronautical experience at this time because an FTD meets lower thresholds than an FFS when qualified in accordance with part 60, resulting in a device characterized by a lower level of immersion and fidelity than that characterized in a Level C FFS or higher. Most levels of FTDs do not require a visual system and are not qualified to conduct takeoff, landing, and taxi training tasks, limiting their effective use for gaining PIC aeronautical experience. Without a visual display system, the PIC is unable when instructor pilots and test pilots operate the aircraft. Absent a type-certificate, the simulator would not be fully qualified under part 60 (see § 60.13). This provision expands FFS credit to instructor pilots, test pilots, FAA test pilots, and FAA ASIs at the experimental aircraft stage, even though an FFS may not be fully qualified at that time, because the FFS could receive interim qualification. An instructor pilot or test pilot could, therefore, credit time in the interim qualified FFS. 213 See section V.F.3.i.c. of this preamble for discussion on the addition of FAA test pilots and ASIs to the alternate framework under the SFAR. 214 This rule does not preclude an applicant from crediting aeronautical experience as allowed in § 61.129(i) toward a powered-lift rating. The FAA is allowing PIC aeronautical experience to be conducted in a Level C FFS or higher. PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 92351 to replicate taxiing, takeoffs, landings, and other aspects of a full flight in the aircraft which require a visual representation outside the aircraft. These are necessary tasks that would normally be conducted during a pilot’s accumulation of PIC experience. A Level 7 FTD is the only level of FTD that has a minimum qualification requirement for a visual display system. However, while a Level 7 FTD does have a visual display system and would be able to provide the necessary visual representations, unlike a Level C FSS or higher, a Level 7 FTD does not require a motion system. Therefore, the Level 7 FTD is not capable of replicating the spatial orientation a pilot would experience in the aircraft. Spatial orientation is the natural ability to maintain body orientation or posture in relation to a surrounding environment at rest and during motion. Humans inherently maintain spatial orientation on the ground, so the three-dimensional environment of flight is unfamiliar to the human body and creates sensory conflicts and illusions that make spatial orientation difficult to achieve in certain scenarios. As such spatial orientation is an important part of the environment a pilot experiences during flight and is an important part of the experience gained through training due to the risks of spatial disorientation during flight.215 Training devices that do not utilize a motion queuing system are not able to replicate the unique environment in which the human body experiences sensory conflicts due to being aloft in a three-dimensional environment. Training in a Level C FFS or higher provides these important environmental experiences. Therefore, because of these differences and the concerns regarding pilot immersion, the FAA is retaining the requirement for a Level C or higher FFS to be utilized toward the PIC aeronautical experience.216 If industry can formulate an equivalent training footprint due to advancements in technology, the FAA would consider it at a future date. However, currently there are not sufficient levels of advancement in technology for the FAA to approve a lower qualified FSTD toward the requirements in this SFAR to be 215 See FAA Aeromedical Safety Brochure, Spatial Disorientation: Why You Shouldn’t Fly By the Seat of Your Pants; FAA Medical Brochure Visual Illusions. Available at www.faa.gov/pilots/ safety/pilotsafetybrochures. 216 The FAA notes that use of a flight training device or flight simulator is still available as permitted in § 61.129(i). The ability to credit time spent in a Level C or higher FSS toward PIC time in a powered-lift would apply only to applicants utilizing the alternate experience requirements contained in § 194.216(b). E:\FR\FM\21NOR2.SGM 21NOR2 92352 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations incorporated into the FAA’s developed training footprint. The FAA notes that should advancements in technology warrant any further relief, a sponsor of such a device could petition the FAA for exemption in accordance with part 11. lotter on DSK11XQN23PROD with RULES2 i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience and Logging Requirements for a Powered-lift Category Rating Several manufacturers are currently pursuing a type certificate for poweredlift, which requires developmental and certification flight tests to establish the aircraft meets the applicable certification standards pursuant to § 21.35.217 To facilitate certification activities, manufacturers utilize test pilots who design, develop, and test the aircraft’s systems and components. Additionally, manufacturers use instructor pilots to develop and validate the training for the experimental powered-lift.218 The duties that these instructor pilots and test pilots perform exceed those of a pilot operating in a normal flight environment, which results in these test pilots and instructor pilots gaining significant experience in a particular powered-lift and intricate knowledge of the aircraft’s systems and components. Therefore, the FAA proposed alternate experience requirements for qualifying test pilots and instructor pilots at an OEM to create an initial cadre of powered-lift pilots in proposed §§ 194.217 and 194.219.219 The FAA determined these individuals would hold the most experience due to their issuance of an LOA to act as PIC during experimental aircraft operations, development of manufacturer’s training program, and intricate knowledge of the aircraft’s systems and components.220 A4A supported this proposed approach to providing an alternate pathway for powered-lift pilot certification. A4A emphasized that using manufacturer pilots to develop necessary crew training would provide the best option for the initial cadre of powered-lift flight instructors and 217 To facilitate flight tests for a non-certificated aircraft, the FAA issues an experimental certificate to the aircraft for research and development and showing compliance with the FAA’s regulations. See § 21.191. 218 In this case, an experimental certificate is issued for the purpose of crew training. See § 21.191. 219 Specifically, under §§ 194.217(a) and 194.219(a), as adopted, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. 220 See section V.G.i.d. of this preamble for the addition of FAA test pilots and ASIs to the alternate framework adopted by this final rule. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 supported amendments to better meet the challenges of introducing a new category of aircraft. AWPC stated that the proposed SFAR provides a reasonable alternate pathway for OEM test pilots and instructor pilots. This section first adjudicates broader comments pertaining to test pilots and instructor pilots. The subsequent sections discuss each of the proposed alternate requirements and respond to related comments. Eve generally opposed the SFAR proposal for the certification of test pilots and instructor pilots, partially on the basis of urging the FAA to align with ICAO Annex 1, section 2.1.1.4. Additionally, Eve stated the FAA should recognize the experience and duties of instructor and test pilots and authorize these pilots to (1) deliver training to FSB pilots and the initial cadre of instructors in part 141, 142, and 135 training programs 221 and (2) receive the powered-lift type rating automatically. Eve also disagreed with the proposal to permit test pilots to be trained by the instructor pilot as unreasonable on the premise that once a powered-lift category rating is not required (i.e., if the FAA eliminated the category rating and fully aligned with ICAO Annex 2.1.1.4 in this final rule), it would be nonsensical to require the instructor pilot to train the test pilot. Additionally, an individual commenter stated that the FAA’s allowance for manufacturers’ test pilots to function as an instructor pilot could be problematic if they do not understand broader issues related to the nuances of powered-lift operations and operating multi-engine machines close to the ground in complex aerodynamic environments. First, this final rule does not implement ICAO Annex 1, section 2.1.1.4 for those reasons stated in section V.A. of this preamble. In this SFAR, the FAA sought to leverage the experience and duties of test pilots and instructor pilots to create an initial cadre of powered-lift pilots because these individuals are the most qualified initially given their significant experience in a particular powered-lift and intricate knowledge of the aircraft’s systems and components. However, the FAA does not agree that granting a rating automatically on the basis of a test pilot or instructor pilot’s duties, responsibilities, and experience would be appropriate without demonstration of proficiency on a practical test. 221 The FAA notes that test pilots and instructor pilots would be the persons providing training to the FSB pilots and initial cadre of instructors in parts 141, 142, and 135 training programs under proposed §§ 194.221, 194.223, 194.229, and 194.231. PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 Although these instructor pilots and test pilots have significant experience as part of the pilots’ duties for the manufacturer, the practical test serves as a necessary assessment to ensure proficiency in the skills required to operate an aircraft in the NAS. In addition to the foundational element of establishing a pilot meets baseline proficiency standards, the practical test, which aligns with the applicable ACS, may subject a pilot to a skill or tasks that the pilot would experience in the NAS, but may not necessarily experience in the pilot’s day-to-day operations as an instructor pilot or test pilot at the manufacturer. In other words, the practical test is essential to ensuring every pilot within the NAS has demonstrated the same knowledge, skill, and ability to operate the aircraft in many different scenarios. Most applicants for a certificate or rating are not excepted from a practical test, regardless of the pilot’s experience or professional position, and instructor pilots and test pilots for powered-lift should not be treated differently.222 For these reasons, the FAA has determined that the test pilots and instructor pilots must still demonstrate proficiency on a practical test to receive a rating under part 61. The FAA notes that FAA FSB members are equally subject to the practical test requirements to obtain an LOA and subsequent type rating once the type rating is established.223 222 The FAA notes that there are limited circumstances that an applicant may apply for a pilot certificate without taking a practical test. Pursuant to § 61.73, an applicant may apply on the basis of his or her military pilot qualifications and receive a commercial pilot certificate with appropriate aircraft category, class, instrument rating and type rating so long as the pilot has received this qualification in the Armed Forces and presents evidentiary documentation in accordance with § 61.73(b) and (h). The FAA allows for this to be conducted without a practical test because applicants in accordance with § 61.73 accomplish extensive flight training and checking in the respective aircraft they receive qualification in for the Armed Forces. If a civilian equivalent of a powered-lift utilized by the Armed Forces emerges, an applicant could be granted the type rating without a practical test as well, as long as the powered-lift has been recognized to be comparable in FAA Order 8900.1, Volume 5, Chapter 2, Section 19, Table 5–88. Similarly, pursuant to § 61.75, an applicant may apply for a private pilot certificate if that person meets the requirements of § 61.75, holds a foreign pilot license without an ICAO limitation, holds a medical certificate under part 67, and is able to read, speak, write, and understand the English language. The FAA recognizes that an applicant who holds a pilot certificate granted in accordance with their country’s respective CAA have also trained and tested to receive their foreign certificate. Therefore, an applicant may forgo a practical test, but only to receive a U.S. private pilot certificate. 223 Additionally, the FAA notes a challenge for these pilots: under § 61.51(e) they are unable to log time in which they act as PIC in accordance with an LOA issued by the FAA because they don’t hold E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 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, as defined in § 61.1, on the areas of operation listed in § 61.127(b)(5). A test pilot and an instructor pilot at the manufacturer will possess extensive experience with the powered-lift; however, their flight time would not be considered to meet paragraph (e)(3) because they would not receive the flight training from an authorized instructor. Therefore, the FAA proposed alternate provisions set forth by §§ 194.217(b)(1) and (2) and 194.219(b)(1) and (2). The provisions are adopted as proposed. First, a test pilot will be permitted to meet the 20 hours of training on the areas of operation in § 61.127(b)(5) in an experimental powered-lift at the manufacturer with an instructor pilot rather than with an authorized instructor in § 194.217(b).224 Likewise, the instructor pilot who provides the proposed training curriculum will be permitted to credit the time providing the training toward § 61.129(e)(3) pursuant to § 194.219(b). In both cases, the manufacturer’s proposed training curriculum would be required to include 20 hours of training on the areas of operation set forth in § 61.127(b)(5), aligning with the corresponding requirement in § 61.129(e)(3). To verify the training, § 194.217(b)(1)(ii) will require the test pilot to receive a logbook or training record endorsement from the instructor pilot certifying that the test pilot satisfactorily completed the training curriculum. Similarly, § 194.219(b)(1)(ii) will require the instructor pilot to receive an endorsement from a management official within the manufacturer’s organization certifying that the instructor pilot has provided the manufacturer’s proposed training curriculum to a test pilot on the areas of operation listed in § 61.127(b)(5). Relatedly, § 61.129(e)(3)(iv) requires an applicant to log at least 3 hours in the powered-lift category on their respective pilot certificates. In this SFAR, the FAA alleviates this challenge by leveraging the experience gained by test pilots, instructor pilots, and ASIs acting as PIC in accordance with an LOA for a powered-lift that is in the experimental phase of its type certification by permitting those pilots to log this time as PIC flight time toward ratings required by part 61. 224 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 self-endorsement. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 a powered-lift with an authorized instructor in preparation for the practical test within the preceding two calendar months from the month of the test; the lack of authorized instructors as defined in part 61 creates the same problem as previously discussed. To enable the test pilot or instructor pilot to take the practical test after completing or providing the manufacturer’s proposed training curriculum, §§ 194.217(b)(2) and 194.219(b)(2) will permit the preparation for a practical test to be completed with an instructor pilot rather than an authorized instructor, as required by part 61. While the test pilot would receive the three hours from an instructor pilot, an instructor pilot would be required to receive the three hours from another instructor pilot. To enable the examiner to verify that the applicant received the preparation for the practical test, the applicant would be required to receive a logbook endorsement under § 61.123(e)(2). Section 194.213 will permit the applicant to obtain such endorsement from an instructor pilot rather than from an authorized instructor (see section V.F. of this preamble for additional discussion on § 194.213). Lilium opposed the proposed requirement for test pilots to be qualified by a manufacturer instructor pilot following the completion of 20 hours of training in accordance with the manufacturer’s proposed training curriculum.225 Lilium contended the additional training would be unnecessary and add undue time and cost to the development process. Lilium stated that, instead, the FAA should consider adoption of the test pilot qualification requirement set forth by EASA FCL.725, paragraph (e), which permits test pilots involved in the development, certification, or production flight tests for an aircraft type to apply for the relevant type rating after completing either 50 hours of total flight time or 10 hours of flight time as PIC on test flights. The FAA notes that the 20 hours of training time set forth by § 61.129(e)(3) could be concurrently accomplished within the testing program of developing a powered-lift to meet requirements outlined in the type certification process, not necessarily 225 Additionally, Lilium recommended that the FAA amend § 61.129(e)(3)(iv) to permit the three hours of preparation for the practical test to be conducted in an FSTD for all pilot populations under the SFAR. Lilium did not provide any rationale for such relief outside of referencing that § 61.129(e)(3)(iv) would inherently require dual controls in the aircraft. The FAA addresses powered-lift with single controls and Lilium‘s recommendation in section V.D. of this preamble. PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 92353 following the completion of a manufacturer’s proposed training curriculum. Additionally, the FAA noted in the NPRM that the SFAR would permit pilots to retroactively log time that meets the criteria adopted by this final rule. Therefore, a pilot could log all time within the life of the pilot’s career as a powered-lift instructor or test pilot that meets the requirements in this final rule for a commercial pilot certificate with a powered-lift category rating and the applicable type rating. While powered-lift are currently in various stages of development and testing, the FAA finds that 20 hours of training consisting of the areas of operation required for all applicants for a commercial pilot certificate does not constitute an undue burden in the consideration of (1) the role of a powered-lift manufacturer in developing associated training curriculum in general and (2) a test pilot or instructor pilot’s expected career at a manufacturer. Therefore, the FAA finds these considerations negate Lilium’s assertion that additional time would result in a substantial time and cost burden. The FAA does not find EASA’s provision FCL.725(e) to be similarly situated to the existing FAA’s test pilot framework or the alternate requirements set forth by the SFAR. EASA stipulates in FCL.725 that pilots holding a flight test rating issued in accordance with FCL.820 who were involved in development, certification, or production flight tests for an aircraft type, and have completed either 50 hours of total flight time or 10 hours of flight time as PIC on test flights in that type, shall be entitled to apply for the issue of the relevant type rating, provided that they comply with the experience requirements and the prerequisites for the issue of that type rating, as established in FCL subpart H (Class and Type Ratings) for the relevant aircraft category. FCL.820 outlines the requirements for a flight test rating. Under EASA regulations, pilots may only act as a PIC in certain category 1 or 2 flight tests if they hold a flight test rating.226 Applicants for the first issuance of a flight test rating must also (1) hold at least a commercial pilot license (CPL) and an instrument rating (IR) in the appropriate aircraft category, (2) have completed at least 1,000 hours of flight time in the appropriate aircraft category, of which at least 400 hours must have been as PIC, and (3) complete a training course at an EASA-approved training program appropriate to the intended 226 FCL.820(a) E:\FR\FM\21NOR2.SGM 21NOR2 and (b). 92354 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations aircraft and category of flights.227 Therefore, these pilots already have this base level of flight proficiency before FCL.725 provisions for a type rating apply, which far surpass the requirements in part 61 for the issuance of an initial pilot certificate with powered-lift category rating. For example, to gain this experience in airplanes, Alternate Means of Compliance (AMC1) FCL.820 states that competency-based courses should include 350 hours of ground training, 100 hours of flight test training of which 15 flights should be made without an instructor on board. Additionally, the curriculum should include elements on theoretical knowledge, flight test techniques and flight training.228 The FAA contends that implementing the requirements of FCL.820 would result in extensively more burdensome requirements than the FAA’s alternate means of compliance for a test pilot (and instructor pilot) to obtain poweredlift ratings in this SFAR. The FAA’s test pilot framework differs from that of EASA’s in that while a part 141 school has guidelines for test pilot training in appendix K to part 141, that training does not result in a flight test pilot rating. Therefore, if the FAA were to align its approach with the requirements of FCL.725(e), the FAA would need to require significantly more ground and flight training of the test pilot and instructor pilot than is currently afforded in this SFAR. lotter on DSK11XQN23PROD with RULES2 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 or 10 hours of flight time performing the duties of PIC in a powered-lift with an authorized instructor onboard. Either of these flight times may be credited toward the flight time requirement in § 61.129(e)(2), which requires 100 hours of PIC flight time. As previously discussed, the requirement for an authorized instructor defined under part 61 presents a problem for test pilots and instructor pilots; therefore, the FAA proposed §§ 194.217(b)(3) and 194.219(b)(3), with no comments received. The provisions are adopted as proposed. 227 FCL.820(d). 228 AMC1 FCL.820(d), Condition 1 courses for aeroplanes. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Therefore, to preserve the option of obtaining solo flight time, §§ 194.217(b)(3) and 194.219(b)(3) will allow test pilots and instructor pilots to obtain the solo endorsement from an instructor pilot in lieu of an authorized instructor. Additionally, test pilots and instructor pilots will be permitted to complete the 10 hours of flight time performing the duties of PIC in an experimental powered-lift with a person other than an authorized instructor onboard. Specifically, under § 194.217(b)(3) (for test pilots), another test pilot or an instructor pilot who is authorized by the Administrator to act as PIC of the experimental powered-lift may be onboard. Under § 194.219(b)(3) (for instructor pilots), a test pilot, another instructor pilot who is authorized by the Administrator to act as PIC of the experimental powered-lift, or an FAA test pilot or ASI may be onboard. c. Aeronautical Experience Requirements Involving Logging PIC Flight Time (§ 61.129(e)(2)) Section V.F.2. of this preamble discusses the reduction in PIC flight time under the provisions of this SFAR, which is applicable to test pilots and instructor pilots. Section 61.129(e)(2) prescribes 100 hours of PIC flight time, which includes at least 50 hours in a powered-lift.229 Under § 61.51(e)(1), in pertinent part, a pilot may only log PIC time when the pilot is the sole manipulator of the controls of an aircraft for which the pilot is rated (category, class, and type rating, if appropriate) or is the sole occupant of the aircraft. As discussed in the NPRM, these provisions present challenges for the key population of test and instructor pilots.230 As it pertains to test pilots, the test pilot would be precluded from logging time under the first option because the pilot would not be appropriately rated. Further, the test pilot would be precluded from logging PIC time under the second option because the test pilot may not be the sole occupant of the powered-lift when conducting operations for conducting research and development or showing compliance with the regulations 231 or 229 § 61.129(e)(2)(i). 230 88 FR 38946 at 38969 (June 14, 2023). ‘‘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 231 The PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 the powered-lift may require two pilot flightcrew members. As it pertains to instructor pilots, under § 61.51(e)(3), a flight instructor may log PIC flight time for all flight time while serving as the authorized instructor in an operation if the instructor is rated as PIC of that aircraft. However, the manufacturer’s instructor pilot would not be an authorized instructor pursuant to part 61. Considering the various functions a test pilot performs during the course of their duties (e.g., test flights, filing flight plans, conducting departures and instrument approaches, etc.) and accounting for an instructor pilot’s duties and responsibilities (e.g., developing, validating, and delivering the manufacturer’s proposed training curriculum), the FAA proposed alternate logging requirements in § 194.217(c) for test pilots and in § 194.219(c) for instructor pilots. The FAA did not receive any comments to these provisions. This final rule adopts these provisions as proposed (in addition to the reduction in PIC flight time in a powered-lift as described in section V.F.2. of this preamble). Therefore, § 194.217(c) will permit the test pilots to log PIC flight time for flights when they are the sole manipulator of the controls of the experimental powered-lift despite the fact that they are not rated in the aircraft. The test pilot must act as PIC of the experimental powered-lift in accordance with an LOA issued by the Administrator and the flight must be conducted for the purpose of research and development or showing compliance with the regulations in accordance with the powered-lift’s experimental certificate. Similarly, § 194.219(c) will permit the instructor pilots to log PIC flight time for flights when they are serving as an instructor pilot for the manufacturer of an experimental powered-lift for which the pilot is not rated. The instructor pilot must act as PIC of the experimental aircraft in accordance with an LOA issued by the Administrator and the flight must be conducted for the purpose of crew training in accordance with the powered-lift’s experimental certificate. d. FAA Test Pilots and FAA ASIs As discussed in section V.A. of this preamble, the FAA adopts the requirement that pilots hold a type 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. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations rating for the powered-lift the pilot seeks to operate. Accordingly, FAA test pilots and ASIs are subject to the same pilot certification requirements. However, as written, the SFAR would preclude an FAA test pilot or ASI from using the same flexibilities that manufacturer test pilots and instructor pilots may use. At this time, the manufacturers’ test pilots and instructor pilots are the only pilots who have significant experience operating the civilian powered-lift that are planning to come to market. Similarly, the FAA employs test pilots and ASIs involved in the certification process for manufacturers that are pursuing a type certificate in a poweredlift. FAA test pilots and ASIs play a significant role in the type certification of newly designed aircraft, powered-lift included, without which new entrant aircraft would not be able to enter civil operations. These individuals employed by the FAA are also issued authorizations to operate the aircraft, intricately involved in development of the manufacturer’s training program, and acquire significant experience and knowledge in the particular powered-lift to facilitate the type certification process. FAA test pilots are pilots employed by the FAA who facilitate type certification of the performance, stability, and control requirements of new or modified aircraft. FAA test pilots enable the type certification compliance and certification process through flight testing of avionics, propulsion, and mechanical/electrical systems, as well as other equipment installations on aircraft to which they are assigned. An FAA test pilot also participates as a subject matter expert on type certification board meetings with the manufacturer, flight safety review board meetings, and FSBs, as necessary. Through qualitative and quantitative flight tests and evaluation of engineering data on modified and new type design, the FAA test pilots oversee and ensure compliance with applicable airworthiness requirements eventually culminating in the type certification of an aircraft. In addition to these duties, FAA test pilots maintain a high level of pilot proficiency and currency in categories and classes of aircraft for the projects they are assigned. Currently, there are a small number of FAA test pilots who hold powered-lift category ratings. Similarly, ASIs are employed by the FAA and maintain involvement early in the type certification process of new aircraft. These ASIs evaluate detailed flight characteristics of aircraft certification projects to establish VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 training requirements for FAA operations inspectors responsible for evaluating and approving training programs set forth by the manufacturer. ASIs develop a detailed knowledge of the aircraft’s systems to ensure operational safety of the aircraft through the training program. Like FAA test pilots, FAA ASIs also serve as members of type certification boards and advisors to aircraft certification on flight operations problems regarding newly designed aircraft being type certificated and introduced into revenue service. Other duties of inspectors include recommending amendments to proposed manufacturer crew training, participating in the development of approved AFMs, and representing flight standards in conducting operational suitability flight evaluations. Therefore, FAA test pilots and ASIs possess unique experience parallel to that of a manufacturer’s test pilots that merits their inclusion in the alternate experience requirements to receive a powered-lift category, instrument, and type rating. While the FAA did not initially propose to extend the SFAR to this population, the FAA finds it necessary to facilitate FAA test pilots and ASIs performing official job functions to receive a pilot certificate with a powered-lift category rating to support the pipeline of powered-lift certification. Accordingly, this final rule makes several minor revisions in §§ 194.203, 194.217, and 194.219 to add FAA test pilots and ASIs into the alternate SFAR framework to obtain a commercial pilot certificate with a powered-lift category rating. Additionally, the FAA adds a definition of ‘‘FAA test pilot’’ and ‘‘aviation safety inspector’’ to § 194.103. The FAA notes that FAA test pilots and FAA ASIs are added into the provisions facilitating an alternate framework to obtain an instrument-powered-lift rating, however, those provisions are discussed in section V.F of this preamble. First, to define the exact population of FAA pilots that may use the alternate framework, the FAA adopts two new definitions in § 194.103 for the purpose of part 194. Specifically, an ‘‘aviation safety inspector’’ will be defined as a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of establishing a type rating in that particular powered-lift under part 21, as appropriate. Similarly, an ‘‘FAA test pilot’’ will be defined as a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of establishing a design approval that leads to an aircraft type certificate for that particular powered- PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 92355 lift under part 21. These narrowly scoped definitions function to ensure the FAA pilot utilizing the relief is performing official FAA job duties and will have experience and familiarity specific to the type of powered-lift for which the pilot will seek a type rating, parallel to that experience expected of a manufacturer’s test pilots and instructor pilots. Next, § 194.203 sets forth alternate qualification requirements for certain flight instructors. This section provides that, in addition to the provisions specified in § 61.3(d)(3), a flight instructor certificate issued under part 61 is not necessary to conduct flight training if the training is given by an instructor pilot in a powered-lift at the manufacturer, provided the training is conducted in accordance with the manufacturer’s training curriculum and is given to either (1) a test pilot, or (2) certain persons authorized by the Administrator for the purpose of training in a powered-lift training program.232 Because FAA test pilots and ASIs will receive training during the type certification process through their testing, compliance, and evaluation flights, this final rule adds FAA test pilots and ASIs to the population covered by § 194.203(a) in new paragraph (a)(3). The FAA test pilot or ASI may only receive training from an instructor pilot without a part 61 flight instructor certificate if received for the purpose of establishing a type rating in a powered-lift as part of the FAA ASI’s official job functions or for the purpose of establishing a design approval that leads to an aircraft type certificate for that particular powered-lift under part 21 as part of the FAA test pilot’s official job functions. Additionally, § 194.213 provides alternate endorsement requirements for certain persons seeking a powered-lift rating. Specifically, § 194.213(a) permits an instructor pilot or a management official to provide endorsements to certain persons. To account for FAA test pilots and ASIs, the FAA adds new paragraph (a)(1)(iii), which permits a manufacturer’s instructor pilot to provide an FAA test pilot or FAA ASI the required logbook or training record endorsements under parts 61 and 194 for a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, a powered-lift type rating, or a flight 232 Specifically, an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142. This final rule adopts the section as proposed, as discussed in section V.G. of this preamble. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92356 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations instructor certificate with powered-lift ratings. Again, the FAA test pilot or ASI must be performing official job functions for the purposes delineated in the respective definition to utilize the alternate requirement. As the preceding sections have detailed, § 194.217 provides the alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating specifically for manufacturer test pilots. As stated, the FAA proffers the alternate requirements for test pilots to extend to FAA test pilots and ASIs. Therefore, the FAA adds this population of pilots in § 194.217 through revisions in paragraphs (a), (b), (b)(1), (b)(1)(ii), (b)(2) through (b)(4), and (c)(1), and a new paragraph (a)(3). The FAA notes that § 194.217(b)(3) permits the aeronautical experience requirement in § 61.129(e)(4) by logging at least 10 hours of solo flight time under an endorsement from an instructor pilot or by performing the duties of PIC in an experimental powered-lift with a test pilot or an instructor pilot onboard. While the regulation would permit another test pilot to be onboard the flight with a test pilot performing the duties of PIC in an experimental powered-lift, the FAA is not adopting a parallel provision to permit a FAA test pilot or ASI to be on board a flight with another FAA test pilot or ASI performing the duties of PIC. The FAA contemplated this alternative option but did not find this to be in the interest of safety. The instructor pilot and test pilots from the manufacturer are the most knowledgeable in the aircraft. Ensuring that instructor pilots or test pilots from the manufacturer are on board the flight with an FAA test pilot or ASI ensures that a pilot with significant experience and knowledge on that OEM’s poweredlift is performing the duties of PIC, thereby ensuring an equivalent level of safety. Additionally, the FAA makes two conforming amendments to § 194.219, which sets forth the alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating for instructor pilots, as an outgrowth of the inclusion of FAA test pilots and ASIs. First, one criteria for an instructor pilot to meet the alternate requirements for § 61.129(e)(3) and (4) requires the instructor pilot to have provided the manufacturer’s proposed training curriculum to a test pilot, within certain parameters. Because FAA test pilots and ASIs will receive the proposed training curriculum from an instructor pilot, the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 FAA revises § 194.219(b)(1)(i) to include this population of pilots in the criteria as applicants an instructor pilot could receive credit for delivering the training program. Second, this final rule adds FAA test pilot and ASIs to the group of persons permitted to be onboard the experimental powered-lift while an instructor pilot performs the duties of PIC to satisfy the aeronautical experience requirement in § 61.129(e)(4), which is set forth in new § 194.219(b)(3)(iii). ii. Initial Cadre Instructors: Alternate Aeronautical Experience and Logging Requirements for Powered-Lift Category Ratings As acknowledged in the NPRM,233 the alternate experience and logging requirements for test pilots and instructor pilots would enable individuals to obtain powered-lift ratings on their pilot certificates. However, the FAA found that those alternate requirements alone would be insufficient to develop enough personnel to support training in a powered-lift in an approved training program under part 135, 141, or 142. The FAA did not propose relief to the qualifications required of persons who provide training and checking for an approved training curriculum under parts 135, 141, and 142 (i.e., part 135 check pilots, part 141 assistant chief instructors and chief instructors, and part 142 training center evaluators). Specifically, under part 135 and the provisions of this final rule, a part 135 check pilot must hold the certificates and ratings required to serve as PIC in the aircraft (i.e., at least a commercial pilot certificate with a powered-lift category rating, instrument powered-lift rating, and appropriate type rating).234 Under part 141, an assistant chief instructor or chief instructor must hold a powered-lift category rating on both their commercial pilot certificate and their flight instructor certificate as well as a powered-lift type rating on their commercial pilot certificate.235 A part 142 TCE must hold the certificates and ratings in which they are instructing or checking for that aircraft.236 To build the initial cadre of instructors and address these obstacles, the FAA’s intended framework uses test pilots and instructor pilots to build the initial cadre of instructors (e.g., a qualified instructor for a part 142 training center), who would then 233 88 FR 38970 (June 14, 2023). § 135.337(b)(1) and SFAR PROVISION. 235 See §§ 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii). 236 See § 142.47(a)(5). 234 See PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 provide training under a part 135, 141, or 142 approved training program. To facilitate this, the FAA proposed § 194.221(a) to permit persons who are authorized to serve as initial check pilots, chief instructors, assistant chief instructors, or training center evaluators to receive the training for powered-lift ratings at a manufacturer. Eve opposed the initial cadre framework proposed by the NPRM, stating that training the initial cadre of instructors after the FSB process concludes will delay civilian poweredlift operations. Eve stated that the FAA’s proposal to require flight hours in a certificated aircraft is burdensome and unfeasible. Eve emphasized that they did not disagree with utilizing test pilots and instructor pilots to qualify the initial cadre of instructors but asserted that the FAA should allow the initial cadre of instructors to be qualified in parallel with the aircraft certification and FSB processes, as is the FAA’s current practice with the introduction of new aircraft types.237 UPS FF also contended that requiring a powered-lift to be type-certificated before an operator can implement its training program would result in an undue financial burden and unnecessary delays in developing an initial cadre. Specifically, UPS FF recommended revising the SFAR to allow manufacturers to provide instruction to an operator prior to type certification, utilizing FAA guidance for the use of experimental aircraft for commercial flight instruction. The FAA does not find the initial cadre of instructors to be similarly situated to test pilots and instructor pilots to warrant an equivalent level of relief in the alternate framework. Test pilots and instructor pilots at the manufacturer are involved in development and testing of prospective aircraft toward the eventual type 237 EVE specifically recommended the FAA follow similar processes for initial cadre preparation as is currently the practice in accordance with FAA Order 8900.1, Volume 3, Chapter 54, Section 2 Part 142 Training Centers: Training, Qualification, and Designation of Training Center Instructors and Evaluators as well as those set forth in Air Transportation Job Task Analysis (AT JTA) 4.1.202 Conduct a Flight Standardization Board (FSB) Evaluation. EVE noted that once a powered-lift category requirement was removed, the FAA would be able to follow these two reference guidance documents. The FAA notes that regardless of whether a category rating is required, this is the current practice that the FAA would follow to procedurally accomplish an FSB in a powered-lift. Specifically, in regard to ELEMENT 8.3 Receive FSB training., the initial cadre of participants of the FSB would be receiving the applicable training from the provider and the FAA predicated the alternate experience for test pilots and instructor pilots with the expectation that the FAA would follow these procedures when conducting an FSB. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 certification of products and airframes. Test pilots and instructor pilots have significant experience throughout the production of the aircraft and have the background knowledge and skills to conduct quantitative and qualitative analysis, identify outcomes that may require the manufacturer to redesign or adjust design of aircraft components, which therefore results in the applicable flight experience necessary to accept a higher level of operating risk because of the experimental status of the aircraft. This warrants separate relief from that offered to the initial cadre of instructors because the initial cadre of instructors will not inherently have the equivalent level of experience of a manufacturer’s test pilots and instructor pilots (i.e., the initial cadre instructor would not have any prior experience in the category of powered-lift or intricate knowledge of the powered-lift type during its development). The FAA, therefore, adopts § 194.221(a) as proposed. Test pilots and instructor pilots will receive an LOA provided to the manufacturer by the FAA to conduct very specific tasks in accordance with § 21.191(a), (b), and (c). The FAA would not consider issuing an LOA to an initial cadre of instructors unassociated with a manufacturer for these very specific purposes because they would not be carrying out the purposes of these experimental test flights. Once the aircraft is type certificated, the FAA proposed separate relief for an initial cadre of instructors to be trained by the particular powered-lift experts: test pilots and instructor pilots. Combining this responsibility with the duties assigned to the test pilots and instructor pilots, and authorized by the LOA, would complicate both the type certification and FSB process and the training of the initial cadre of instructors due to the fluidity of the aircraft and training program at that time. Additionally, the FAA finds grouping the initial cadre of instructors in with the test pilots and instructor pilots would not be in the interest of safety due to the experimental status of the aircraft.238 The FAA finds it important for the initial cadre of instructors to be trained on the type-certificated aircraft as it will be available for training, testing, and civilian operations under the type certificate and under a more concrete training program. Specifically, 238 The FAA notes that manufacturers may not support this type of access to their powered-lift in the experimental phase to persons not under an employment contract, contractor agreements, or nondisclosures with the manufacturer for intellectual property and proprietary trade secret purposes. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 throughout the type certification process, the aircraft may change in design and programming and, likewise, throughout the FSB, the proposed training program may be revised. Until a type certificate is issued, aircraft design would not be solidified and any changes made, as well as associated knowledge of those changes, may not be transferred to the base of pilots in the initial cadre that would then be responsible for training at their respective certificate holder. For example, if an individual intended for the initial cadre of instructors trained on a unique handling characteristic, and that handling characteristic was modified as an outgrowth of the TC process, the individual may not receive the appropriate training for the modified characteristic in the fluidity of the powered-lift and training program. This differs for test pilot and instructor pilots because of their in-depth and firsthand involvement with the development of the aircraft and training program and with TC and FSB processes. CAE and NBAA expressed concern that the proposal requires initial cadre instructors and TCEs to be trained by the manufacturer, which gives a significant competitive advantage to manufacturers. CAE and NBAA stated that this (1) eliminates the ability for part 142 training centers to qualify initial cadre instructors and TCEs by their own means, and (2) creates a backlog for training with the potential for manufacturers to solely determine who may be trained and when training may occur. CAE and NBAA emphasized the burden this would place on manufacturers to train in volume to scale the industry. First, the FAA disagrees that the proposal reduces the ability for air agencies to qualify initial cadre instructors and TCEs by their own means as compared to the competitive advantage the manufacturer may have. The lack of powered-lift in operations today inherently requires the manufacturer to be significantly involved in the certification framework. At the onset of powered-lift entering the market, test pilots and instructor pilots at the manufacturer will be the only qualified individuals to deliver training in the respective OEM’s powered-lift, which the FAA expects to form the initial foundation of pilots. After the initial cadre of instructors for parts 141 and 142 air agencies is trained, certificate holders may operate within their approved training programs. In other words, reliance on the manufacturer as the sole training option would significantly lessen after certification of the initial cadre of PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 92357 instructors. This is the same general concept as the status quo for entrance of new aircraft types: at the onset, the manufacturer serves as the most qualified individual to train FAA inspectors and test pilots and industry personnel, after which industry stakeholders springboard subsequent populations of pilots through part 61 training or enrollment at air agencies (e.g., parts 141 and 142). Therefore, the FAA does not view the alternate framework set forth by the SFAR 239 as narrowly tailored for manufacturers, but rather leverages the current concept with facilitating frameworks to achieve initial commercial entrance of poweredlift into civilian operations while balancing the interest of safety. In sum, when an operator, pilot school, or training center sends an individual to the manufacturer for training in a powered-lift, the individual would not be fully qualified as a check pilot, chief instructor, assistant chief instructor, or training center evaluator for powered-lift, but each would be considered a candidate for their respective positions.240 To ensure an appropriate level of oversight, the FAA proposed §§ 194.203(a)(2), 194.213(a)(1)(ii), and 194.221(a)(1), which are adopted herein, permit those individuals who are authorized by the Administrator through a temporary letter of approval (authorizing the individual to be a candidate for an operator, pilot school, or training center for the purpose of establishing sufficient qualified personnel) to receive training in a powered-lift at the manufacturer. After the individual completes the training program, the individual may pursue certification in accordance with current practice (e.g., complete a practical test to receive the appropriate powered-lift ratings and could obtain a powered-lift category rating on their flight instructor certificate in accordance with subpart H of part 61), as well as deliver the training curriculum under their respective part in accordance with current practice (for example, receive a permanent letter of approval to be a check airman under part 135 or a TCE under part 142). 239 The FAA notes also that other manufacturers have obtained part 142 training center certificates and, in some instances, part 141 pilot school certificates, to facilitate initial training and certification in their aircraft. The FAA anticipates that the relief provided to the persons who serve as test pilots and instructor pilots for powered-lift manufacturers will enable the manufacturers to support training and qualification of other training providers’ personnel. 240 In addition, for part 135 check pilot applicants and part 142 TCEs, the initial cadre check airmen or initial cadre TCE process will apply. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92358 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations a. Aeronautical Experience Requirements Concerning Training (§ 61.129(e)) The FAA proposed alternate aeronautical experience requirements in § 194.221(b) to facilitate training and certification of the initial cadre of instructors and overcome similar training obstacles as those faced by test pilots and instructor pilots, as previously discussed. In sum, certain provisions throughout § 61.129(e) require training and flight hours to be conducted with an authorized instructor, as defined in part 61, onboard the powered-lift. As with test pilots and instructor pilots, the person receiving the manufacturer’s training from an instructor pilot may not have an authorized instructor, as defined in § 61.1, providing the flight training or training in preparation for the practical test. Notwithstanding the general opposition to the initial cadre framework addressed in the previous section, the FAA did not receive comments on the specific provisions set forth in § 194.221(a) and (b)(1) through (3) to address these obstacles. The FAA adopts these provisions as proposed. Therefore, § 194.221(b) allows the requisite training to occur with an instructor pilot at the manufacturer in lieu of a part 61 authorized instructor. First, § 194.221(b)(1) will permit the individual to satisfactorily complete the manufacturer’s training curriculum in the powered-lift in place of the requirement in § 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 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, pursuant to § 194.221(b)(1)(ii), the individual must receive an endorsement in their logbook or training record from the instructor pilot certifying that the training was completed. Second, § 194.221(b)(2) will permit to permit the preparation for the practical test to be completed with an instructor pilot rather than an authorized instructor.241 Finally, § 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 241 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 this relief. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 powered-lift with an authorized instructor onboard; the FAA in § 194.221(b)(3) will permit the instructor pilot to replace the authorized instructor in § 61.129(e)(4). Also, as noted earlier, § 194.221(a)(2) will require that the flights are conducted in type-certificate powered-lift at the manufacturer. b. Alternate Aeronautical Experience Logging PIC Flight Time (§ 61.129(e)(2)) The FAA proposed alternate logging requirements in § 194.221(c) to overcome PIC logging obstacles as set forth in § 61.51(e), similar to those faced by test pilots and instructor pilots, as previously discussed.242 In section V.J. of this preamble, the FAA explained that a reduction in PIC time is warranted from 50 hours to 35 hours. Therefore, the initial cadre of instructors who would train with the manufacturer under the SFAR would be required to obtain 35 hours of PIC flight time in powered-lift. As discussed, under § 61.51(e)(1), a pilot may log PIC time when the pilot is (i) the sole manipulator of the controls of an aircraft for which the pilot is rated (category, class, and type rating as appropriate), or (ii) the sole occupant of an aircraft. The initial cadre of instructors who attend training at a manufacturer would not yet be rated in the powered-lift, so they would not be able to log PIC time as sole manipulator of the controls. Additionally, because the majority of the flight time with the manufacturer would consist of training time with an instructor pilot, the person would not be able to log this time as PIC time as the sole occupant of the powered-lift. The FAA proposed § 194.221(c) to address this obstacle; notwithstanding the general opposition to the initial cadre framework addressed in the previous section, the FAA did not receive comments on this specific provision set forth in § 194.221(c) Therefore, this final rule adopts these alternate logging provisions and reduces the maximum logging time when the pilot is the sole manipulator of the controls of a powered-lift for which the pilot is not yet rated from 40 hours, as proposed, to 25 hours as subsequently discussed. Specifically, as noted in section V.J of this preamble, the FAA reduced the PIC flight time required for all pilots under the SFAR to 35 hours instead of 50 hours. It, therefore, follows that this alternate logging requirement adopted in this final rule would now enable 242 As proposed, § 194.221(c) would have allowed an applicant for a commercial pilot certificate with a powered-lift category rating to log up to 40 hours of the 50 hours of pilot-in-command flight time required by § 61.129(e)(2)(i). PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 persons to log 25 hours of PIC flight time for flights when they are obtaining flight training on the areas of operation specified in § 61.127(b)(5).243 Therefore, to establish the initial cadre of persons who would initiate training in a powered-lift in accordance with an approved training program under part 135, 141, or 142, § 194.221(c) will permit those persons who would receive training at the manufacturer to log up to 25 hours of PIC flight time toward the 50-hour requirement during flights when the person is the sole manipulator of the controls of the powered-lift for which the person is not rated. Pursuant to the conditions adopted in § 194.221(c)(1) through (3), the person must be manipulating the controls of the powered-lift and performing the duties of PIC with an instructor pilot onboard, and the flight must be conducted in accordance with the manufacturer’s training curriculum. The FAA found that the flight time permitted under the proposed alternate requirement would be valuable for the purposes of logging PIC flight time for a powered-lift category rating because the pilot would be solely manipulating the controls of the powered-lift, thereby obtaining experience with its flight and handling characteristics, while simultaneously exercising the duties of PIC. By exercising the duties of PIC, the pilot would experience increased responsibilities during the flight (compared to a typical training flight in an aircraft in which they are not yet rated), including heightened decisionmaking. The FAA noted that these pilots would still be required to obtain the last 10 hours of PIC flight time as solo flight time under § 61.51(e).244 iii. Pilots Receiving Training Under an Approved Training Program a. Alternate Requirements for a Commercial Pilot Certificate With a Powered-Lift Category Rating The NPRM acknowledged an obstacle created in § 61.51(e)(1) for persons seeking to obtain a powered-lift category rating on their commercial pilot certificate outside a manufacturer’s training curriculum (i.e., under an 243 As detailed in this section, an applicant for a powered-lift category rating would be required to obtain either 10 hours of solo flight time in a powered-lift or 10 hours of flight time performing the duties of PIC in a powered-lift with an authorized instructor onboard. Therefore, with the total time being reduced to 35 hours of PIC, the FAA has likewise adjusted the 40 hours to 25 to account for the last 10 hours being conducted as solo or supervised by an authorized instructor. 244 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 § 194.213(a). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations approved training program at a part 135 operator or a part 141 or 142 air agency). Specifically, pilots would be unable to log PIC flight time in a powered-lift in accordance with § 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 occupant of the powered-lift under solo endorsements from an authorized instructor. The FAA proposed § 194.223(c) to cure this logging obstacle. As subsequently discussed, this final rule adopts § 194.223(c) as proposed with one minor revision. As discussed in section V.F.2. of this preamble as it applies to the initial cadre of instructors, the reduction in PIC flight time in a powered-lift from 50 hours to 35 hours necessitates an aligning reduction in the allowance to log up to 40 hours of PIC flight time provided in § 194.223(c). Using the same ratio, this final rule reduces 40 hours to 25 hours. An applicant would still be required to obtain the remaining 10 hours of PIC time as the sole occupant of the powered-lift under an instructor endorsement. Therefore, § 194.223(c) will permit certain applicants for a commercial pilot certificate with a powered-lift category rating to log up to 25 hours of PIC flight time toward the 35-hour requirement during flights when the pilot is the sole manipulator of the controls of the powered-lift for which the pilot is not rated. Conditions to utilize this relief will require (1) the applicant to manipulate the controls of the poweredlift with an authorized instructor onboard, (2) the applicant to perform the duties of PIC, and (3) the flight to be conducted in accordance with an approved training program under part 135, 141, or 142.245 This PIC flight time may be logged when the applicant is obtaining flight training on the areas of operation specified in § 61.127(b)(5) under an approved part 135, 141, or 142 training program. An individual commenter questioned whether the 40 hours (now 25 hours as adopted by this final rule) of flight time would be required in every make and model of powered-lift within the powered-lift category. The FAA notes the PIC flight time required by § 61.129(e) is category specific, including § 194.216(a) and certain time within § 61.129(e)(2)(ii) as applicable to the powered-lift category, not powered-lift type specific. 245 Training under part 135, 141, or 142 is discussed in more detail in section V.G. of this preamble. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Therefore, an applicant could log time gained in multiple powered-lift toward the aeronautical experience, given the applicant meets the conditions for logging PIC flight time in § 61.51(e)(1)(i) or the alternate logging requirements in § 194.223(c). In other words, the same general framework to obtain any other category or class rating on a commercial pilot certificate would apply (e.g., to obtain an airplane single-engine rating, an applicant must log at least 100 hours of PIC flight time, which includes at least 50 hours in airplanes, pursuant to § 61.129(a)(2); the regulation does not specify the class or type of airplane). b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot Certificate With a Powered-Lift Category Rating The FAA proposed in § 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. Many commenters urged the FAA to provide further credit for simulator training or expand the scope of FSTD for credit. Because the FAA expands this credit to the broader group of pilots in § 194.216(b) of this final rule, section V.F of this preamble discusses the proposal, comments received, and final rule action. 3. Obtaining an Instrument-Powered-Lift Rating (§ 61.65(f)) Section 61.65 provides the requirements to obtain an instrument rating, including the general aeronautical knowledge, flight proficiency, and aeronautical experience requirements for an instrument-powered-lift rating. Because pilots are unable to satisfy several of the aeronautical experience requirements for an instrument-powered-lift rating for the same reasons that pilots are unable to satisfy certain requirements for a commercial pilot certificate with a powered-lift rating, as previously discussed, the NPRM proposed alternate pathways to obtain this rating. First, as previously discussed, adopted § 194.215 would limit the alternate aeronautical experience and logging requirements for obtaining an instrument-powered-lift rating to those persons who already hold (1) at least a commercial pilot certificate with at least an airplane category and single- or PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 92359 multiengine class rating or a rotorcraft category and helicopter class rating and (2) the corresponding instrument rating. Aligning with the framework proposed, and adopted by this final rule, for a commercial certificate with a poweredlift category rating, the FAA proposed alternate experience and logging requirements to obtain an instrumentpowered-lift rating for the same populations: (1) test pilots and instructor pilots, (2) the initial cadre of instructors, and (3) pilots receiving training under an approved training program. The FAA did not receive comments regarding the proposed alternate framework for an instrument-poweredlift rating and provides a brief summary of each framework element herein. As discussed in section V.F.2.i.d. of this preamble, FAA test pilots and ASIs were unintentionally excluded from the proposal and added in this final rule. Other than this addition subsequently discussed, the FAA adopts the alternate framework to obtain an instrumentpowered-lift rating as proposed. Alternate requirements for cross-country flights, which are generally applicable, are discussed later in this section. i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience and Logging Requirements for InstrumentPowered-Lift Rating Sections 194.225 and 194.227 will set forth the alternate aeronautical experience and logging requirements for test pilots and instructor pilots seeking an instrument-powered-lift rating. In §§ 194.225(a) and 194.227(a), these alternate requirements will apply if the flights are conducted in an experimental aircraft at the manufacturer and the test pilots or instructor pilots are authorized by the Administrator to act as PIC of the experimental powered-lift. The alternate aeronautical experience requirements are set forth in § 194.225(b)(1) through (4) for test pilots and § 194.227(b)(1) through (4) for instructor pilots. Similarly, the alternate logging requirements will be set forth in §§ 194.225(c) for test pilots and 194.227(c) for instructor pilots. a. Aeronautical Experience Requirements Involving Instrument Training (§ 61.65(f)(2)) First, § 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 FAA found it necessary to propose an alternate to the requirement for a part 61 authorized instructor for E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92360 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 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). Therefore, under § 194.225(b)(1), a test pilot will be permitted to satisfactorily complete the manufacturer’s training curriculum in the experimental powered-lift with an instructor pilot. Similarly, under § 194.227(b)(1), the instructor pilot will be able to credit the time spent providing the manufacturer’s training curriculum to another instructor pilot or a test pilot toward the training required by § 61.65(f)(2). The manufacturer’s training curriculum must 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 proposed to require the test pilot or instructor pilot to receive an endorsement in their logbook or training record. Under § 194.225(b)(1)(ii), a test pilot will be required to receive an endorsement from the instructor pilot who provided the training, certifying that the test pilot satisfactorily completed the manufacturer’s training curriculum in the experimental powered-lift. Under§ 194.227(b)(1)(ii), an instructor pilot will be required to receive an endorsement from a management official within the manufacturer’s organization certifying that the instructor pilot has provided the manufacturer’s training curriculum to a test pilot. Second, § 61.65(f)(2)(i) requires the aforementioned instrument time (i.e., that set forth by § 61.65(f)(2)) to include 3 hours of instrument flight training from an authorized instructor in a powered-lift within 2 calendar months before the date of the instrument rating practical test. Sections 194.225(b)(2) (for test pilots) and 194.227(b)(2) (for instructor pilots) will permit the preparation for the instrument rating practical test to be completed with an instructor pilot rather than an authorized instructor. To enable the examiner to verify that the preparation was completed, under § 194.213 the applicant may obtain the endorsement from the instructor pilot, rather than an authorized instructor under § 61.65(a)(6), who certifies that the applicant is prepared for the practical test. Third, the instrument time referenced in § 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 filed with an ATC facility.246 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.247 Sections 194.225(b)(3) (for test pilots) and 194.227(b)(3) (for instructor pilots) will allow test pilots or instructor pilots to perform instrument training on crosscountry 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 will be required to receive a logbook or training record endorsement but may obtain such from the instructor pilot to certify that the applicant completed the cross-country flight with the instructor pilot.248 b. Aeronautical Experience Requirements Involving Logging PIC Flight Time (§ 61.65(f)(1)) Section 61.65(f)(1) requires a person who applies for an instrument-poweredlift rating to log at least 50 hours of cross-country time as PIC, 10 hours of which must be in a powered-lift. As discussed in the NPRM, the FAA recognized the obstacle with logging PIC time in accordance with § 61.51(e)(1) for the same reasons stated in section V.J of this preamble. Accordingly, consistent with the alternate logging requirements proposed for persons seeking to add a powered-lift category rating on a commercial pilot certificate, § 194.225(c) will permit test pilots at the manufacturer to log PIC flight time for the purpose of satisfying the 10-hour cross-country requirement in § 61.65(f)(1) when the test pilot is the sole manipulator of the controls of an experimental powered-lift even if the test pilot is not rated for the aircraft. To log this time, the test pilot must act as PIC of the experimental powered-lift in accordance with a letter of authorization issued by the Administrator. In addition, the flight must be conducted for the purpose of research and development or showing compliance with the regulations in accordance with the experimental certificate issued to the powered-lift pursuant to § 21.191. Similarly, § 194.227(c) will 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 246 § 61.65(f)(2)(ii). 247 § 61.65(f)(2)(ii)(A) through (C). 248 Section VI.B.1. of this preamble discusses additional relief from the requirement to file an IFR flight plan for certain pilots. PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 of an experimental powered-lift for which the instructor pilot is not rated under certain conditions. The pilot must act as pilot-in-command of the experimental powered-lift in accordance with a letter of authorization issued by the Administrator and the flight must be conducted for the purpose of crew training in accordance with the experimental certificate issued to the powered-lift pursuant to § 21.191. c. FAA Test Pilots and ASIs As discussed in section V.F.2.i.d. of this preamble, adopting the aforementioned SFAR provisions as proposed would preclude an FAA test pilot or ASI from utilizing the same flexibilities given to manufacturer test pilots and instructor pilots. For the same reasons discussed herein, the FAA finds it appropriate to add FAA test pilots and ASIs into the alternate framework to obtain an instrumentpowered-lift rating.249 Therefore, to facilitate this relief, this final rule adds FAA test pilots and ASIs to the following paragraphs: § 194.225(a), (b), (b)(1), (b)(1)(ii), (b)(2) through (b)(4), (c), and (c)(1). FAA test pilots and ASIs will be able to utilize the same provisions available to a manufacturer’s test pilots, as previously summarized. Additionally, while no amendment is necessary, the FAA notes that, like test pilots, FAA test pilots and ASIs would be a population of pilots that the instructor pilot will be able to credit the time spent providing the manufacturer’s training curriculum under § 194.227(b)(1). ii. Initial Cadre Instructors: Alternate Aeronautical Experience and Logging Requirements for Instrument-PoweredLift Ratings In the NPRM, the FAA proposed alternate experience and logging requirements for certain requirements in § 61.65(f) to facilitate initial training and certification of persons who have been authorized to serve as the initial cadre of instructors in § 194.229. Under § 194.229(a), which will set forth the applicability provisions, the alternate requirements will apply if the applicants are authorized by the Administrator to serve in the instructor positions 250 in an approved training program under part 135, 141, or 142 and the flights are conducted in typecertificated powered-lift at the manufacturer. 249 FAA test pilots and ASIs would be defined under new § 194.103, as discussed in section V.F.3.i.c. of this preamble. 250 In other words, check pilots, chief instructors, assistant chief instructors, and TCEs. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations a. Aeronautical Experience Requirements Involving Training (§ 61.65(f)) As with test pilots, the FAA will permit initial check pilots, chief instructors, assistant chief instructors, or training center evaluators to receive the 15 hours of instrument training on the areas of operation listed in § 61.65(c) from an instructor pilot in lieu of an authorized instructor in § 194.229(b)(1). The instructor pilot will be required to conduct the training in accordance with the manufacturer’s training curriculum. Additionally, these persons will be required to obtain a logbook or training record endorsement from the instructor pilot certifying satisfactory completion of the manufacturer’s training curriculum for the same reasons the test pilot is required to receive such an endorsement. Additionally, the instructor pilot may replace the authorized instructor for (1) the 3 hours of instrument flight training in a powered-lift in preparation for the practical test for an instrumentpowered-lift rating within 2 calendar months before the date of the practical test in § 61.65(f)(2)(i), and (2) the crosscountry flight prescribed by § 61.65(f)(2)(ii). Further, the person receiving the training at the manufacturer may obtain an endorsement from the instructor pilot certifying the completion of this crosscountry flight. Section 194.229(b)(2) and (b)(3) will prescribe these requirements, respectively. lotter on DSK11XQN23PROD with RULES2 b. Aeronautical Experience Requirements Involving Logging PIC Flight Time (§ 61.65(f)(1)) In the NPRM, the FAA recognized the obstacle of logging PIC time in accordance with § 61.51(e)(1) for the reasons previously discussed in section V.J. of this preamble. Accordingly, consistent with the alternate logging requirements adopted herein for persons seeking to add a powered-lift category rating on a commercial pilot certificate, § 194.229(c) will allow a person receiving training at the manufacturer to log PIC flight time for the purpose of satisfying the 10-hour cross-country requirement in § 61.65(f)(1) despite not being rated in the powered-lift in certain conditions. To log this time, the applicant will be required to solely manipulate the controls of the poweredlift with an instructor pilot onboard and perform the duties of PIC; additionally, the flight will be required to be conducted in accordance with the manufacturer’s training curriculum for the powered-lift. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 iii. Pilots Receiving Training Under an Approved Training Program: Use of a Full Flight Simulator for Instrument Training for an Instrument-Powered-Lift Rating Because the FAA proposed alternate pathways for personnel from part 135, 141, and 142 certificate holders to obtain the experience necessary to be eligible for the initial powered-lift ratings on pilot and flight instructor certificates, these certificate holders will have access to a pool of authorized instructors to conduct training under their approved training programs. Therefore, the FAA did not find it necessary to enable alternate experience requirements for pilots receiving training under an approved training program that substitute instructor or test pilots for authorized instructors. Rather, the FAA found that temporarily permitting pilots receiving training under an approved training program 251 to credit some cross-country time obtained in a Level C or higher FFS would not adversely affect safety in light of the skills the pilot would develop in the FFS and the narrow applicability of the alternate requirement to seasoned pilots who already hold a commercial pilot certificate with an instrument rating. Therefore, the FAA proposed § 194.231(c) to temporarily permit a maximum of 4 hours obtained in a Level C or higher FFS to be credited toward the flight time requirement in § 61.65(f)(1), which requires an applicant to obtain 10 hours of crosscountry time 252 as PIC in a powered-lift. The 4 hours must include experience performing the duties of PIC during a simulated cross-country flight in a Level C or higher FFS that represents the powered-lift category and that includes the performance of instrument procedures under simulated instrument conditions. This relief only extends to those applicants and FFS sessions under a training program approved under part 135, 141, or 142. Furthermore, the FAA proposed that a minimum of Level C FFS would be required to ensure the appropriate level of aerodynamic modeling, visual fidelity, and motion cueing to replicate the powered-lift. FSI recommended the FAA revise § 194.231 to remove the requirement for a Level C or higher FFS and permit the training in any approved FSTD. FSI 251 Adopted § 194.231(a) sets forth the general applicability requirements to utilize the crediting provisions subsequently discussed. 252 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. PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 92361 stated that FFS Level C or higher training is expensive and restrictive and urged the FAA to consider, first, the simplified vehicle operation of powered-lift and, second, other modern technologically advanced FSTDs. The FAA received a number of similar comments related to crediting time in a Level C or higher FFS in the context of the alternate framework for a commercial certificate with a poweredlift rating, as proposed in § 194.223(d). The FAA declines to expand the acceptable type and level of FSTD for credit to the aeronautical experience requirements of § 61.65(f)(1) for the reasons discussed in section V.F. of this preamble. As noted in the preamble, generally cross-country time may not be credited in an FFS because it does not depict a realistic enroute environment under VMC (e.g., verifying waypoints utilizing pilotage and dead reckoning is limited by the visual display fidelity available in FFSs). The FAA acknowledges that under IMC conditions, however, the pilot is training on and testing on the pilot’s ability to use instrument navigation to fly along routes depicted by navigational information via enroute and terminal charts, which is different from verifying visual reference with the use of visual waypoints. Therefore, the FAA maintains it is appropriate to permit some cross-country time to be credited in an FFS because the display and flightdeck information will align with the environment the pilot would operate in flight, but also maintains that the credit should be limited for the same reasons as those comprehensively discussed in section V.J. of this preamble. The ratio of time (i.e., four hours in the simulator combined with the skills the seasoned pilot would acquire from conducting 6 hours of cross-country time in the NAS) in a Level C or higher FFS would ensure the pilot has sufficient experience to apply for an instrument-powered-lift rating. Therefore, the FAA adopts the amendment as proposed. 4. Alternate Requirements for CrossCountry Flights for Commercial Pilot Certificate, Instrument Rating, and Private Pilot Certificate Finally, upon evaluation of the expected range capabilities of poweredlift, the FAA 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. Therefore, the FAA proposed several alternate provisions to facilitate a pilot’s ability to complete and log cross- E:\FR\FM\21NOR2.SGM 21NOR2 92362 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations country time while ensuring the experience meets the essential objectives of pilot training. The FAA received many comments on these cross-country proposals, which are considerably intertwined. Therefore, this section, first, summarizes all crosscountry proposals, second, responds to applicable comments, and third, discusses cross-country tangentially related proposals and final rule actions. i. Summary of Proposed Cross-Country Alternate Means lotter on DSK11XQN23PROD with RULES2 To Log Cross-Country Time in PoweredLift First, cross-country time is currently defined in § 61.1(b). 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 requirements. To meet the current definition of cross-country time for aeronautical experience for powered-lift ratings, the flight time 253 aligns with that of airplanes and must include a landing point that is at least a 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. Given the significant disparity between the range capabilities of airplanes and the emerging poweredlift currently going through aircraft certification, the FAA found it unnecessary to require cross-country time in a powered-lift to include the same distance as that required for airplanes and, therefore, proposed to add § 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, as proposed, the rule would permit a person to log flight time in a powered-lift as cross-country time 254 when that time (1) includes a point of landing that is at least a straight-line distance of more than 25 nautical miles from the original point of departure, and (2) involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point. While the FAA proposed 253 See 14 CFR 1.1 for the definition of flight time. 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. 254 Section VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 to permit a pilot to log shorter crosscountry flights as cross-country time, the pilot would nevertheless be required to obtain the requisite hours of crosscountry time in a powered-lift for the certificate or rating sought.255 Additionally, the FAA’s proposed provision in § 194.201 would govern the logging of cross-country time in powered-lift for the purpose of meeting the aeronautical experience requirements of part 61 as a whole that apply to a powered-lift category rating, including the cross-country time required for an ATP certificate with a powered-lift category rating. Thus, a person would be permitted to log crosscountry time in accordance with § 194.201 toward the 500 hours of crosscountry time in § 61.163(a)(1). This proposal would equally apply to crosscountry 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).256 Summary of Specific Cross-Country Proposals for a Commercial Pilot Certificate The FAA also proposed alternate cross-country aeronautical experience requirements to those set forth in § 61.129(e) for all applicants for a powered-lift category rating at the commercial pilot certificate level. In place of the long cross-country flight in § 61.129(e)(4)(i) (i.e., 250 nautical miles), proposed § 194.233(b) would permit an applicant to complete a crosscountry flight that consists of landings at a minimum of three points, with one segment consisting of a straight-line distance of at least 50 nautical miles from the original point of departure. As a result of reducing the straight-line distance from 250 nautical miles to 50 nautical miles, proposed § 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 255 While the FAA proposed to adopt provisions in the SFAR that would require cross-country flights with shorter minimum legs than those currently specified in § 61.129(e), the FAA noted 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). 256 This merely reduces the distance requirements listed in §§ 61.109(e)(2)(i) and 61.109(e)(5)(ii) to mirror those required in § 61.109(c)(2)(i) and 61.109(c)(5)(ii) for helicopters. Private pilot applicants for a powered-lift rating must meet all other aeronautical experience requirements provided in § 61.109(e). PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 of landing than the initial cross-country flight. The FAA noted, however, that the original point of departure may be the same, as pilots generally begin crosscountry flights at their home airport. Likewise, the FAA proposed alternate requirements for the cross-country requirements of § 61.129(e)(3)(ii) and (iii) (i.e., straight-line distance of at least 100 nautical miles from the original departure point). Under proposed § 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 § 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)). As a result of reducing the straight-line distance from 100 nautical miles to 50 nautical miles, the FAA proposed 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 crosscountry flight must include landings at different points than the points selected for the day and night cross-country flights. The NPRM did not propose to reduce the required flight time (2 hours). The applicant for a commercial pilot certificate with a powered-lift category rating would still be required to receive and log ground training from an authorized instructor on the aeronautical knowledge areas specified in § 61.125(b). Additionally, the applicant would still be required to receive and log flight training from an authorized instructor on the areas of operation specified in § 61.127(b)(5), which includes navigation.257 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 (e.g., crosscountry planning is a task under Preflight Preparation area of operation in the Commercial Pilot for PoweredLift Category ACS). 257 § 61.127(b)(5)(vii). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Summary of Specific Cross-Country Proposals for an Instrument-PoweredLift Rating (§ 61.65(f)) Similarly, the FAA proposed alternate cross-country aeronautical experience requirements for all applicants for an instrument-powered-lift rating under § 61.65(f) in § 194.235. In place of the long cross-country flight in § 61.65(f)(2)(ii)(A) (i.e., a flight of 250 nautical miles), 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. To ensure the applicant for an instrument-powered-lift rating obtains experience comparable to that which would be obtained under the current regulation, the FAA proposed to require the applicant to complete an additional cross-country flight of the same specified distance of 100 nautical miles. Under proposed § 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). The applicant would also still be required to receive and log flight training from an authorized instructor (or from an instructor pilot if the person receiving training is an eligible pilot under § 194.215) on the areas of operation specified in § 61.65(c).258 Furthermore, the applicant must meet the existing aeronautical experience requirements that apply to the instrument-powered-lift rating (e.g., 10 hours of cross-country flight time as PIC in a powered-lift) and pass the practical test on the areas of operation in § 61.65(c). The FAA also proposed in § 194.235(b) to provide relief from the requirement in § 61.65(f)(2)(ii) to perform instrument training on crosscountry procedures under IFR and a flight plan filed with an air traffic control facility when an aircraft is not certificated for IFR. This relief is necessary to prevent a person from filing an IFR flight plan for a poweredlift that is certificated for VFR-only operations in violation of an aircraft’s operating limitations under § 91.9. This relief would only be available when the pilot already holds an instrument airplane rating, an instrument helicopter 258 The FAA notes that 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 rating, or an ATP certificate, as these pilots would already have experience operating under IFR and will have been tested on instrument procedures and regulations governing IFR operations. ii. Comments on the Proposed CrossCountry Alternate Means ALPA supported the alternate crosscountry framework whereby the NPRM reduced the straight-line distance from 250 nautical miles to 50 nautical miles in proposed § 194.233(b) with the proposed mitigations (e.g., different landing points, additional cross-country flight), finding that the framework would still maintain adequate training and safety, Further, ALPA noted and supported that the FAA did not propose to reduce the minimum amount of cross-country time to be obtained in a powered-lift for a certificate. Archer generally supported the FAA’s acknowledgement that, first, a pilot must be trained on the navigation of a powered-lift from takeoff to different destinations than the original point of departure and, second, that the existing cross-country training requirements create barriers given the range and endurance inherent in the general array of powered-lift intended for civilian operations. While Archer specifically supported the proposed reduction from 50 to 25 nautical miles in § 194.201, Archer opposed the retention of the 2hour endurance requirements and 50 and 100 nautical mile range requirements for the individual crosscountry training flights in proposed §§ 194.233 and 194.235. Archer specifically stated that the FAA’s citation of a powered-lift’s range of 105 to 162 nautical miles represents the absolute maximum ranges for conventional takeoff and landing, without fuel reserves, at the beginning of battery life; Archer contended that a vertical takeoff and landing without fuel reserves near the end of battery life would reduce the operational range to 25 to 55 nautical miles. Similarly, Archer stated that the NPRM failed to address endurance limitations where the range is only 30 minutes (specifically, given the parameters of the previously described operation) and that the current operational range of powered-lift will be significantly less than the operational range of the majority of helicopters. Archer recommended the FAA implement a performance and cycle-based framework through the execution of realistic training flights of a length and endurance that are commensurate with those operations that will be conducted after the pilot obtains the required ratings. Additionally, Archer PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 92363 recommended the FAA eliminate the 2hour endurance requirement in § 194.233, reduce the required distance to 25 nautical miles in §§ 194.233 and 194.235, and add a provision in § 61.129(e)(2)(iii) allowing the poweredlift pilot to substitute 10 operating cycles for 10 hours of cross-country time.259 Similarly, FSI recommended the FAA align with ICAO Annex 1 recommendation 2.1.1.4, which FSI stated would remove the requirement for a powered-lift category rating, thereby removing the requirement for cross-country flight time. FSI stated that the lack of infrastructure will make cross-country training difficult due to the lack of places to charge electric aircraft. Additionally, FSI recommended that the FAA allow credit for crosscountry time obtained for an airplane or helicopter rating and cross-country time conducted as a lost scenario in the approved FSTD, and that any crosscountry flight time in the aircraft be accomplished after the practical test as part of supervised operating experience. First, in regard to Archer’s position to eliminate the 2-hour cross-country requirements set forth in proposed § 194.233(a)(1) and (2), the FAA considered the given capable ranges of various aircraft in the certification process. The required two hours establishes the minimum flight time of the entire flight: in other words, two hours is the total time necessary to encompass the associated distances and allow for the pilot to ensure appropriate performance planning.260 The alternate regulations will not preclude a pilot from stopping at an airport and charging, similar to how an airplane or helicopter stops along their filed route to get fuel. Given this flexibility on accomplishing the 2-hour requirement, the FAA does not find additional relief to be warranted. Second, Archer suggested the FAA further reduce the distance proposed in §§ 194.233 and 194.235 to 25 nautical miles because the endurance of some aircraft would be 30 minutes or less. The FAA has evaluated the active type certification projects for powered-lift and does not find any powered-lift with a range less than 50 nautical miles, regardless of length of time in flight capabilities, nor was the FAA provided with any supporting evidence of such a limitation during the 259 Archer specifically referenced §§ 121.434 and 61.159(b). 260 See Legal Interpretation to Olshock, Pan Am International Flight Academy (May 4, 2007). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92364 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations comment period to warrant further relief.261 Third, Archer urged the FAA to adopt a performance and cycle-based framework through execution of training flights of length and endurance that are commensurate with those operations to be conducted after the pilot obtains the required ratings. As previously discussed in section V.J. of this preamble, the FAA does not find this manner of cross-country flight experience would provide a level of experience commensurate with that required for initial powered-lift category and type certification for those reasons discussed in this preamble. Additionally, as a cycle-based substitution applies to cross-country aeronautical experience specifically, commenters did not provide the FAA with any information other than a topical suggestion as to how a performance or cycle-based framework would achieve a level of proficiency equal with that of a pilot receiving an initial powered-lift category rating. Further, a significant objective of crosscountry flights is to expose a pilot to time in the category of aircraft where random events may occur in the airspace, including, for example, weather, delays, air traffic, and ATC communication. Another objective is to expose the pilot to unfamiliar terrain and different landing points than a pilot’s base or familiar airport, thereby facilitating diverse experience in preflight planning. Without additional information for the FAA to evaluate, a cycle-based framework, which may be repetitive and offer little experience beyond a rudimentary traffic pattern, may not expose the pilot to these key objectives. An initial certification framework only encompassing familiar, smaller routes and circuits may not adequately equip the pilot with situational proficiency, for example, should the need arise to land at an unfamiliar landing site. Finally, in response to FSI’s comments, the FAA acknowledges there is an experience advantage by virtue of each pilot utilizing the relief provided by the SFAR holding certain certificates and ratings; however, the FAA does not find that this translates to synonymous experience such that vital training elements can be wholly eliminated or substituted. Performing a cross-country flight in an airplane or helicopter may be vastly different than performing a cross-country flight in a powered-lift. 261 The exemption process under part 11 would remain an option for powered-lift manufactured with a range capability of less than 50 nautical miles. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 While there are certain elements to a cross-country flight that are shared amongst categories of aircraft (e.g., use of navigation charts, communicating with ATC, operations in airspace, avoidance of traffic, runway incursions at unfamiliar airports), cross-country flight time provides experience in aircraft-specific characteristics. These characteristics include encountering different challenges in flightdeck management relative to the pilot’s operation of the aircraft while acting as PIC (e.g., passenger briefing requirements, aircraft automation, use of appropriate checklists, dealing with inoperative equipment). These differences affect the performance of certain tasks, flightdeck management, and risk management during a crosscountry flight and ultimately require a skill set that is unique to the category of aircraft such that a substitution would not ensure a pilot has proficiency in the powered-lift. The FAA also finds that performing cross-country time as a lost procedures 262 scenario in an approved FSTD in lieu of cross-country in the aircraft would not provide an adequate substitution for the same reasons that powered-lift cross-country flights may present scenarios uncontemplated in airplane or helicopter cross-country operations. The FAA already expects an applicant to be trained on lost procedures, as the commercial poweredlift ACS sets forth Lost Procedures as a Task under Area of Operation VII, Navigation. To the extent that FSI calls attention to infrastructure issues, the FAA notes that the Department of Transportation published a Request for Information (RFI) 263 in the Federal Register in 2023 seeking information from the OEM community to inform a short-term and long-term national strategy to integrate AAM into the NAS, including infrastructure considerations. Additionally, the Advanced Air Mobility Interagency Working Group (AAM IWG) is considering infrastructure challenges as part of this effort. The FAA notes that certain OEMs have utilized portable charging stations and even installed chargers at specific airports to help accommodate long262 Lost Procedures, which are described in the Pilot’s Handbook of Aeronautical Knowledge, FAA– H–8083–25, consist of a series of tasks to perform should a pilot become lost while in flight. These procedures consist of climbing to increase radio and navigation reception, plotting position using onboard navigational equipment, communicating with ATC or Flight Service Stations, and if the situation is dire enough transmitting on emergency frequency and setting transponder to 7700. 263 Notice and Request for Information on Advance Air Mobility, 88 FR 31593 (May 17, 2023). PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 distance flights.264 The FAA is an active member of the AAM IWG and will continue to collaborate on a national strategy to address infrastructure issues. However, the FAA does not see associated infrastructure challenges as reason to alter the aeronautical experience required of a pilot who is training to operate a powered-lift in the NAS in commercial, passenger-carrying operations. Experience gained in the aircraft must be predicated on the need to enhance the pilot’s ability to operate a powered-lift, particularly outside the pilot’s local operating environment. iii. Specific Cross-Country Flights for Private Pilot Certificate (§ 61.109) As discussed in the NPRM, the FAA proposed alternate pathways primarily for individuals at the commercial level to enable immediate commercial passenger-carrying operations. However, the FAA recognized that rationale for offering relief from the cross-country requirements for commercial pilots applies equally to an applicant for a private pilot certificate. Therefore, the FAA proposed to reduce the nautical mile distances in the aeronautical experience required to be eligible for a private pilot certificate. The FAA did not receive comments on the alternate aeronautical experience requirements for private pilots as set forth in proposed § 194.237 and adopts the amendments as proposed. Specifically, alternate aeronautical experience requirements will allow an applicant for a private pilot certificate with a powered-lift category rating to complete the cross-country flights in § 61.109 at a reduced nautical mile distance. First, in place of the crosscountry flight in § 61.109(e)(2)(i) (i.e., night flight training that includes one cross-country flight over 100 nautical miles), § 194.237(a) will 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. 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), § 194.237(b) will set forth alternate solo cross-country experience. Specifically, the applicant will be required to complete one solo crosscountry flight of 100 nautical miles total distance with landings at three points 264 www.popsci.com/technology/alia-electricaircraft-completes-journey/evtol.news/news/betaflies-south-for-the-winter. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations and with one segment of the flight consisting of a straight-line distance of more than 25 nautical miles (§ 194.237(b)(1)). The applicant will be required to complete an additional solo cross-country flight to be conducted in a powered-lift (§ 194.237(b)(2)). This additional solo cross-country flight will require landings at a minimum of three points, with one segment consisting of a straight-line distance of at least 50 nautical miles from the original point of departure. The additional cross-country flight will be required to be conducted to different points of landing than the initial cross-country flight. While proposed § 194.237 reduces the required distances for the cross-country flights in § 61.109, it will not reduce the required flight time. A person seeking a private pilot certificate with a poweredlift category rating will 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 crosscountry solo flight time in a poweredlift under § 61.109(e)(5)(i), as adopted by this final rule.265 lotter on DSK11XQN23PROD with RULES2 iv. Part 141 Appendices Certain existing minimum curriculum requirements for a part 141 pilot school seeking to use a powered-lift specified in the part 141 appendices mirror the cross-country requirements set forth in §§ 61.65(f), 61.109(e), and 61.129(e). As previously discussed, the FAA adopts alternate cross-country requirements in §§ 194.233, 194.235, and 194.237 and, therefore, proposed that part 141 pilot schools should be able to use these alternate cross-country distances. The FAA did not receive comments on the provision and adopts § 194.239(b) to facilitate these substitutions. As set forth by § 194.239(b)(3), the part 141 training course using the alternate cross-country distances must include an additional cross-country flight consistent with the requirements of §§ 194.233, 194.235, and 194.237, as applicable. Additionally, as discussed in section V.F.2. of this preamble, this final rule reduces the amount of PIC time in a powered-lift set forth by § 61.129(e)(2)(i) from 50 hours to 35 hours. However, the FAA does not find a conforming amendment is necessary to account for the part 141 appendices in the SFAR similar to the amendments to account for the alternate cross-country 265 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 V.I.1.of this preamble, the FAA proposed to amend § 61.109(e)(5) to require the solo flight time to be obtained in a powered-lift and adopts that amendment in this final rule. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements because the PIC requirements are subject to § 141.55(d) which allows a pilot school to apply and receive approval for a reduced hour curriculum in accordance with the appropriate appendix of part 141. v. Technical Correction and Nomenclature Change The NPRM proposed a minor technical correction to the definition of cross-country time in § 61.1(b). Specifically, the definition lists seven paragraphs, but incorrectly only references up to the sixth (i.e., paragraphs (ii) through (vi) rather than paragraphs (ii) through (vii)). The FAA proposed to correct the cross-reference in paragraph (i) of the definition to refer to paragraphs (ii) through (vii). Additionally, the FAA noted that the nomenclature concerning ‘‘crosscountry time’’ is inconsistent throughout part 61. The NPRM proposed to remove ‘‘cross-country flight time’’ throughout part 61 and replace the term with the words ‘‘crosscountry time.’’ The FAA did not receive any comments to these proposals and adopts, first, the correction in § 61.1(b) definition of cross-country time and, second, the nomenclature change to ‘‘cross-country time’’ in the following provisions: §§ 61.65(d), (e), (f), (g) introductory text, (g)(1) and (2); 61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i); 61.159(a)(1), (a)(5)(i); 61.160(e), (f); 61.161(a)(1); 61.163(a)(1), (a)(3)(i); and 61.411(a)(1)(iii) and (iv), (c)(1)(iii) and (iv), (d)(1)(iii) and (iv), (f)(1)(iii) and (iv), (g)(1)(iii) and (iv). 5. Comments Pertaining to ATP Certificate Aeronautical Experience Bristow urged the FAA to consider providing relief for pilots seeking to gain aeronautical experience toward an ATP with powered-lift rating. Specifically, Bristow highlighted concerns that without such relief, only a small pool of military pilots would be qualified to immediately enable entities to stand up powered-lift commuter services. Bristow supported aeronautical experience requirement relief for those persons seeking an ATP certificate with a powered-lift category rating under the premise that powered-lift operations and characteristics are different than those of conventional aircraft with operations that require an ATP certificate. Bristow stated that ATP certificates are essential to pilots of conventional aircraft to transport large groups of passengers over long distances at high altitudes and that the currently mandated 1,500 hours of experience teaches pilots how to respond to serious PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 92365 situations in aircraft (e.g., loss of an engine), handle unscripted and unanticipated operational events (e.g., diversions), and experience operations in and out of different airports and operating environments with unique conditions and limitations. Bristow explained that, by contrast, powered-lift will function like taxis and busses as alternative to commercial aircraft services within a specific mile range at lower altitudes. Additionally, Bristow stated that powered-lift operations will follow set corridors with highly scripted operations and catastrophic events would not be as consequential due to built-in redundancies and autonomous systems. Subpart G of part 61 prescribes the requirements for issuance of an ATP certificate and ratings, the conditions under which those certificates and ratings are necessary, and the general operating rules for persons who hold those certificates. Among other requirements, a person must meet the aeronautical experience requirements of subpart G that apply to the aircraft category and class rating sought before applying for the practical test. Section 61.163 sets forth the aeronautical experience requirements for a poweredlift category rating. Currently, a person must have at least 1,500 hours of total time as a pilot that includes at least: (1) 500 hours of cross-country flight time, (2) 100 hours of night flight time, (3) 250 hours in a powered-lift as a PIC (or as an SIC performing the duties of a PIC under the supervision of a PIC, or any combination thereof) that includes at least 100 hours of cross-country flight time and 25 hours of night flight time, and (4) 75 hours of instrument flight time in actual or simulated instrument conditions.266 Additionally, no more than 100 hours of the total aeronautical experience requirements may be obtained in an FSTD that represents a powered-lift if the training is obtained under a part 142 training center.267 The FAA did not propose relief to the aeronautical experience requirements for an ATP certificate with a poweredlift rating because the reasons that the FAA proposed, and adopts herein, relief for the PIC flight time in a powered-lift aeronautical experience requirements for a commercial pilot certificate with a powered-lift rating are not equally 266 § 61.163(a)(1)–(4). The FAA notes that, of the 75 hours of instrument flight time, a person is limited to no more than 25 hours of simulated instrument time in an FSTD (see § 61.163(a)(4)(i)). However, if training is completed in a course conducted by a part 142 training center, a person may credit a maximum of 50 hours of the 75 hours in an FSTD (see § 61.163(a)(4)(ii)). 267 § 61.163(b). E:\FR\FM\21NOR2.SGM 21NOR2 92366 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations applicable. The FAA acknowledges that the flight regimes of a powered-lift and a helicopter are similar for purposes of airmen certification, to warrant a stronger emphasis on vertical take-offs and landings and transition into horizontal flight and reduction specifically to PIC in a powered-lift time, particularly given the prerequisites to use the SFAR where a pilot would have met the PIC requirements in another aircraft. The FAA further reasoned that this reduction in PIC flight time in a powered-lift and cross-country relief will be conducted under a part 135, 141, or 142 training program. These training programs inherently include safeguards such as greater oversight, structured programs, dedicated training facilities, and FAA-approved curriculum, which function to ensure the pilot engages in high-quality training events. However, the FAA did not reduce the total amount of flight time required to apply for a commercial pilot certificate with a powered-lift category rating, nor will this final rule reduce the total amount of flight time required for an ATP certificate with a powered-lift category rating for the same reasons. Specifically, as discussed in section V.F.4.ii. of this preamble, accruing experience in the aircraft through general minimum flight time requirements builds the pilot’s proficiency in responding to an array of environmental and decisional situations. While this time is significantly lower for an ATP certificate with a rotorcraft category, helicopter class rating than for an ATP certificate with an airplane category rating (i.e., 300 hours), the FAA does not have, nor has been presented with, data or supporting evidence that a reasonable safety basis exists to warrant a significant reduction of hours, especially where the intended operations for powered-lift include immediate passenger-transporting commercial operations. Additionally, the pilot flight time required for an ATP certificate with a powered-lift category rating is generalized pilot time such that a person’s previously held experience in an airplane or helicopter will constitute a sizeable portion of required time. Specifically, only 250 hours of the flight time set forth by § 61.163 is required to take place in a powered-lift. The FAA does not find this to be an insurmountable amount of hours given the proficiency requirements expected of a pilot transporting passengers in commercial operations.268 Therefore, the FAA declines to provide any further relief from the requirements of § 61.163 outside of the alternate definition of cross-country time, which would apply to the cross-country requirement in § 61.163(a)(3)(i). 6. Alternate Experience and Logging Summaries i. Summary Tables for Obtaining a Commercial Pilot Certificate With Powered-Lift Rating As noted, this rule finalizes requirements to facilitate airmen certification for a commercial pilot certificate with a powered-lift rating involving several alternate experience and logging requirements. To facilitate readability of the alternate requirements that would apply to persons seeking powered-lift ratings, the FAA has compartmentalized the rule language into individual sections depending on the powered-lift ratings sought. Tables 3, 4, and 5 contain the proposed alternate provisions for a commercial pilot certificate with a powered-lift rating. TABLE 3—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: TEST PILOTS AND INSTRUCTOR PILOTS Current flight time requirements (§ 61.129(e)) Alternate provisions for test pilots, FAA test pilots, and FAA ASIs * 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. No alternative. PIC Flight Time lotter on DSK11XQN23PROD with RULES2 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 100 hours of PIC flight time which includes at least— (1) 35 hours in a powered-lift of which 15 may be in a Level C or higher FFS; and (2) 50 hours in cross-country flight of which 10 must be in powered-lift. A test pilot, FAA test pilot, or ASI 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 §§ 194.216 and 194.217(c). 100 hours of PIC flight time, which includes at least— (1) 35 hours in a powered-lift of which 15 may be in a Level C or higher FFS; and (2) 50 hours in cross-country flight of which 10 must be in powered-lift. An instructor pilot who is not rated in the powered-lift 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 §§ 194.216 and 194.219(c). 268 § 61.163(a)(3). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92367 TABLE 3—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, FAA test pilots, and FAA ASIs * Alternate provisions for instructor pilots * 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, FAA test pilot, or ASI 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, FAA test pilot, or ASI receives endorsement from instructor pilot certifying satisfactory completion of the curriculum. See § 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. Test pilot, FAA test pilot or ASI may receive this instrument training from instructor pilot in an experimental powered-lift in accordance with the manufacturer’s proposed training curriculum. See § 194.217(b)(1). (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, FAA test pilot, or ASI may complete all of the following cross-country flights— One 2-hour cross country flight in a poweredlift 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 poweredlift 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 crosscountry flight must include landings at different points than the first two cross-country flights. See § 194.233(a). Test pilot, FAA test pilot, or ASI may accomplish the practical test preparation with an instructor pilot (rather than an authorized instructor). See § 194.217(b)(2). (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. In lieu of receiving this training, an instructor pilot may meet this requirement by providing the manufacturer’s training curriculum to a test pilot, FAA test pilot or ASI, which includes 20 hours of training on the areas of operation listed in § 61.127(b)(5). The instructor pilot must receive endorsement from management official certifying that instructor pilot provided the training. See § 194.219(b)(1). Instructor pilot may satisfy this requirement by providing instrument training to test pilot, FAA test pilot, or ASI in accordance with the manufacturer’s proposed training curriculum. The instructor pilot must receive an endorsement from management official certifying that instructor pilot provided the training. See § 194.219(b)(1). Instructor pilot may complete all of the same alternate cross-country flights as test pilot, FAA test pilot or ASI. See § 194.233(a). Instructor pilot may accomplish the practical test preparation with another instructor pilot (rather than an authorized instructor). See § 194.219(b)(2). lotter on DSK11XQN23PROD with RULES2 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 toward 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Test pilot, FAA test pilot, or ASI 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 § 194.217(b)(3). Test pilot, FAA test pilot, or ASI 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 § 194.233(b). PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 The alternate provision for test pilots, FAA test pilot or ASI also applies to instructor pilots. See § 194.219(b)(3). Instructor pilot may complete the same alternate cross-country flights as test pilot, FAA test pilot, or ASI. See § 194.233(b). E:\FR\FM\21NOR2.SGM 21NOR2 92368 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 3—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, FAA test pilots, and FAA ASIs * (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. Alternate provisions for instructor pilots * No alternative. * To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the manufacturer and the test pilots, ASIs and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See proposed §§ 194.217(a) and 194.219(a). TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS Alternate provisions for initial cadre of check pilots, 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 poweredlift 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 100 hours of PIC flight time, which includes at least— (1) 35 hours in a powered-lift, 15 of which may be in a Level C or higher FFS; 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 25 hours of PIC flight time in a powered-lift for flights that are conducted in accordance with a manufacturer’s training curriculum if the applicant is (1) the sole manipulator of the controls, (2) manipulating the controls of the powered-lift with an instructor pilot onboard, and (3) performing the duties of PIC. See §§ 194.216 and 194.221(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— lotter on DSK11XQN23PROD with RULES2 (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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00074 Fmt 4701 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 § 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 § 194.221(b)(1). 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 § 194.233(a). An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor). See § 194.221(b)(2). Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92369 TABLE 4—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS—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 (§ 61.129(e)) 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 toward 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 § 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 § 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 § 194.221(a). TABLE 5—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM Alternate provisions for persons receiving training 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 poweredlift 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 100 hours of PIC flight time, which includes at least— (1) 35 hours in a powered-lift, 15 of which may be in a Level C or higher FFS, 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 25 hours of PIC flight time in a powered-lift for flights that are conducted in accordance with an approved training program under part 135, 141, or 142 if the applicant is (1) the sole manipulator of the controls, (2) manipulating the controls of the powered-lift with an authorized instructor onboard, and (3) performing the duties of PIC. See §§ 194.216 and 194.223(c). Training on the Areas of Operation listed in § 61.127(b)(5) lotter on DSK11XQN23PROD with RULES2 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00075 Fmt 4701 No alternative. No alternative. Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92370 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 5—ALTERNATE PROVISIONS FOR A COMMERCIAL PILOT CERTIFICATE WITH A POWERED-LIFT CATEGORY RATING: PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM—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)) (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 § 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 toward 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 § 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 As noted, this rule finalizes requirements to facilitate airmen certification for an instrument-powered- lift rating involves several alternate experience and logging requirements. To facilitate readability of the alternate requirements that will apply to persons seeking powered-lift ratings, the FAA has compartmentalized the rule language into individual sections depending on the powered-lift ratings sought. Tables 6, 7, and 8 summarize the alternate provisions for an instrument-powered-lift rating. TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: TEST PILOTS AND INSTRUCTOR PILOTS Alternate provisions for test pilots, AA test pilots, and FAA ASIs * Current flight time requirements (§ 61.65(f)) Alternate provisions for instructor pilots * Cross-Country Time as PIC lotter on DSK11XQN23PROD with RULES2 50 hours of cross-country time as PIC, of which 10 hours must have been in a powered-lift. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 A test pilot, FAA test pilot or ASI 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 § 194.225(c). PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 An instructor 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) acting as PIC of the powered-lift, and (2) the flight is conducted for the purpose of crew training. See § 194.227(c). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92371 TABLE 6—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: TEST PILOTS AND INSTRUCTOR PILOTS— Continued Alternate provisions for test pilots, AA test pilots, and FAA ASIs * Current flight time requirements (§ 61.65(f)) Alternate provisions for instructor pilots * 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. A test pilot, FAA test pilot or ASI 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 (1) the training is conducted in accordance with the manufacturer’s proposed training curriculum, and (2) the test pilot, FAA test pilot or ASI receives endorsement from instructor pilot certifying satisfactory completion of the curriculum. See § 194.225(b)(1). Test pilot, FAA test pilot, or ASI may accomplish the practical test preparation with an instructor pilot (rather than an authorized instructor). See § 194.225(b)(2). • Test pilot, FAA test pilot, or ASI 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, FAA test pilot, or ASI may complete two crosscountry flights, each of which must involve a flight of 100 nautical miles along airways or by directed routing from an ATC facility.1 See §§ 194.225(b)(4) and 194.235(a). 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, FAA test pilot or ASI 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 § 194.227(b)(1). Instructor pilot may accomplish the practical test preparation with another instructor pilot (rather than an authorized instructor). See § 194.227(b)(2). • 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 §§ 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, ASIs and instructor pilots must be authorized by the Administrator to act as PIC of the experimental powered-lift. See §§ 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 7—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: INITIAL CADRE OF CHECK PILOTS, CHIEF INSTRUCTORS, ASSISTANT CHIEF INSTRUCTORS, AND TRAINING CENTER EVALUATORS Alternate provisions for initial cadre of check pilots, chief instructors, assistant chief instructors, and TCEs * (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 who is not rated in the powered-lift may log PIC flight time in the powered-lift toward the 10-hour cross-country time requirement for flights that are conducted in accordance with a manufacturer’s training curriculum if the applicant is (1) the sole manipulator of the controls, (2) manipulating the controls of the powered-lift with an instructor pilot onboard, and (3) performing the duties of PIC. See § 194.229(c). Instrument Time on the Areas of Operation listed in § 61.65(c) lotter on DSK11XQN23PROD with RULES2 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00077 Fmt 4701 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 § 194.229(b)(1). An applicant may accomplish the practical test preparation from an instructor pilot (rather than an authorized instructor). See § 194.229(b)(2). Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92372 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 7—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)) (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. • 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 §§ 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 § 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 8—ALTERNATE PROVISIONS FOR AN INSTRUMENT-POWERED-LIFT RATING: PERSONS RECEIVING TRAINING UNDER A PART 135, 141, OR 142 APPROVED TRAINING PROGRAM Alternate provisions for persons receiving training under a Part 135, 141, 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 § 194.231(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: 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. No alternative. No alternative. 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 §§ 194.231(b) and 194.235(a). lotter on DSK11XQN23PROD with RULES2 * 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. 7. Alternate Endorsement Requirements for Certain Persons Seeking PoweredLift Ratings Under the traditional airman certification framework in part 61, an applicant for a certificate or rating must VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 receive certain endorsements from an authorized instructor.269 The FAA identified the same barriers to endorsements as previously discussed 269 For PO 00000 example, §§ 61.31(d)(2), 61.51(h). Frm 00078 Fmt 4701 Sfmt 4700 in sections V.F.2. and V.F.3. of this preamble insofar as part 61 defines ‘‘authorized instructor,’’ in pertinent part, as a person who holds a flight instructor certificate issued under part 61. Additionally, § 61.195(b) restricts a E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations flight instructor from conducting training in an aircraft unless the flight instructor holds the appropriate ratings on their flight instructor certificate. Instructor pilots at the manufacturer will provide training to test pilots, FAA test pilots, FAA ASIs, and the initial cadre of instructors, but may not meet the definition of ‘‘authorized instructor’’ under part 61. Additionally, the SFAR will permit instructor pilots to credit training they provide, which would create a barrier in receiving an endorsement, as the FAA maintains the concept of a general prohibition on selfendorsement.270 Therefore, the FAA proposed an alternate endorsement pathway in § 194.213. The FAA did not receive any comments specifically pertaining to the alternate endorsement requirements proposed in § 194.213 and adopts the section with two minor revisions, subsequently discussed.271 The NPRM proposed § 194.213(a)(1) to permit instructor pilots to provide the required logbook or training record endorsements contained in part 61 for a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, a powered-lift type rating, or a flight instructor certificate with powered-lift ratings to applicants who are (1) test pilots for the manufacturer of an experimental powered-lift, or (2) persons authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator (TCE) for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142.272 Because this final rule extends the alternate pathway afforded to test pilots to FAA test pilots and ASIs (i.e., §§ 194.217 and 194.225), new § 194.213(a)(1)(iii) adds FAA test pilots and aviation safety inspectors into the population of pilots for which an instructor pilot may provide an endorsement (i.e., aligning with test pilots). Additionally, the FAA notes that § 194.219(b)(3) permits an instructor 270 See § 61.195(i). FAA notes that Eve provided a comment related to endorsements in the context of ICAO Annex 2.1.1.4. Specifically, Eve stated that the FAA should remove § 194.213 because 2.1.1.4 and removal of the category rating would no longer necessitate alternate flight instructor endorsements. Because the FAA is not implementing 2.1.1.4, as discussed at length in section V.F.3.i. of this preamble, this recommendation is rendered inapplicable. 272 Under proposed § 194.213(a)(2), certain management officials within the manufacturer’s organization may provide an endorsement to an instructor pilot who provided the manufacturer’s training curriculum to a test pilot (§§ 194.219(b)(1)(ii) and 194.227(b)(1)(ii)). The final rule adopts this provision as proposed. lotter on DSK11XQN23PROD with RULES2 271 The VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 pilot to satisfy the aeronautical experience requirement in § 61.129(e)(4) by logging at least 10 hours of solo flight time under an endorsement from another instructor pilot. Similarly, § 194.227(b)(3) permits an instructor pilot to accomplish the cross-country flight specified in § 61.65(f)(2)(ii) for an instrument-powered-lift rating without an authorized instructor, provided, in pertinent part, the instructor pilot obtains a logbook or training record endorsement from the instructor pilot certifying that the person completed the cross-country flight. Because these regulations permit an instructor pilot to provide an endorsement to another instructor pilot, but the instructor pilot will not be a part 61 authorized instructor, this final rule adds instructor pilots to the alternate endorsement requirements in § 194.213(a)(1)(i). G. Training in an Approved Program Under Parts 135, 141, and 142 As discussed in section V.F.7. of this preamble, the FAA is adopting alternate requirements for a person to obtain a commercial pilot certificate with a powered-lift category rating and an instrument-powered-lift rating. Because the alternate eligibility framework provides relief to applicants under the SFAR, the FAA found it appropriate to limit the circumstances under which an applicant could use the relief. As discussed in the NPRM,273 the FAA found that part 135 operators, part 141 pilot schools, and part 142 training centers would best facilitate a training program aligned with the alternate framework set forth in the SFAR. Specifically, part 141 pilot schools and part 142 training centers are already structured to provide alternate methods to obtain training and testing for part 61 certification, including established mechanisms and oversight for curriculum, facilities, and personnel. Conversely, no regulatory framework generally exists for part 135 operators to conduct training and testing for initial ratings under part 61 because part 135 training and checking is primarily structured to qualify pilots to serve in a particular aircraft within the part 135 operational environment. However, the FAA found it appropriate to facilitate an option of training, testing, and checking for a powered-lift rating for part 135 operators for the limited purpose of the SFAR, as proposed in the NPRM and subsequently discussed herein.274 273 88 FR 38946 at 38990 (June 14, 2023). FAA notes that this concept of crediting training in the operator’s approved training program toward training and endorsements requirement to certain part 61 requirements is not wholly 274 The PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 92373 Therefore, the NPRM proposed that, to be eligible for some of the alternate requirements, a pilot must satisfactorily complete the applicable curricula for those ratings in an approved training program under part 135, 141, or 142. As proposed, after completion of the approved curricula, a person would be required to satisfactorily complete the applicable practical test to obtain the powered-lift rating. The proposal to facilitate the alternate requirements via a training program under parts 141 and 142 and expand training program privileges to part 135 operators received general support. Specifically, AWPC agreed with the FAA’s approach that the SFAR training must be conducted as an approved course under part 135, 141, or 142, citing the clearly defined prerequisites to entry and the highly standardized and regulated course of instruction that would be offered. GAMA echoed this support, stating that relief provided in the SFAR necessitates training in approved courses under part 135, 141, or 142 to ensure standardized instruction with defined prerequisites.275 A4A also expressed general support and further recommended that the training curricula across all parts be required to comply with standardized curricula design, learning objectives, performance tasks, and evaluation criteria as determined by the FAA for the training and qualification of powered-lift pilots and flight instructors. The following sections summarize the facilitation of the alternate requirements in each part and discuss comments received. 1. Part 135 As previously discussed, part 135 training and checking 276 is traditionally intended to qualify a pilot to serve in a particular aircraft in a specific part 135 operation, whereby the pilot would already hold the certificates and ratings for such operations when they are hired. The following sections V.G.1.i. through v. of this preamble discuss the FAA’s proposal to modify this traditional framework as it pertains to training curricula, curriculum content, pilot eligibility, instructor qualifications, and precedent-setting. See §§ 61.157(c), 61.157(f), and 61.63(d)(6)(ii). 275 Section V.F. of this preamble addresses GAMA’s additional comments pertaining to a competency and training-oriented curriculum, rather than an hours-based approach. 276 Part 135 training and checking typically includes policies and procedures specific to the part 135 operator and operation: for example, crew resource management, flight planning procedures, authorized approach procedures, and operations in weather conditions. E:\FR\FM\21NOR2.SGM 21NOR2 92374 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations checking and testing to implement a training regime for powered-lift ratings for part 135 operators. lotter on DSK11XQN23PROD with RULES2 i. Airman Certification Training Curricula To facilitate part 135 operators in establishing and implementing a training curriculum under which pilots can obtain the powered-lift ratings required for part 135 operations, the FAA proposed a temporary provision in § 194.243(a)(1). Under the proposed § 194.243(a)(1), a part 135 certificate holder would be able to implement a training curriculum to satisfy: (1) ground training, flight training, and aeronautical experience requirements in § 61.65 for an instrument rating; 277 (2) 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. These sections would permit a part 135 operator to provide the necessary experience and training for their initial pilots to receive part 61 certificates, as well as qualify their pilots for part 135 operations. As noted in the NPRM, a part 135 operator is not required to offer this part 61 training. Rather, this provision is intended to provide flexibility for part 135 operators to develop a sufficient number of qualified pilots for its operations. The FAA envisions that the pilots would complete the certification training before transitioning to the operator’s part 135 training; however, the FAA would approve one curriculum if it meets all of the part 61 aeronautical experience requirements and the part 135 training requirements. A part 135 operator who wants to provide this type of training to its pilots would submit their curricula to the responsible Flight Standards Office for approval in accordance with § 135.325.278 277 As discussed in the NPRM, some part 135 operators will likely conduct only VFR operations. However, the FAA proposed that powered-lift pilots conducting VFR operations must nevertheless hold an instrument-powered-lift rating similar to the instrument-airplane rating that is required for pilots conducting part 135 VFR airplane operations. For reasons discussed in section V.J.5. of this preamble, powered-lift pilots will be required to hold an instrument rating even when operating under VFR. To facilitate pilots receiving an instrument rating, the FAA will allow part 135 operators to provide training for instrument ratings under an approved airman certification curriculum. 278 The FAA notes that guidance will be updated specifically in FAA Order 8900.1 Volume 3, Chapter 19 (Flightcrew Member Training and Qualification Programs) and Chapter 20 (Check Airman, Instructor, and Supervisor Programs for Part 121 and 135 Certificate Holders) to inform FAA ASIs on the approval and surveillance VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Commenters generally supported the FAA’s proposal to permit a part 135 certificate holder to provide training for powered-lift category and type ratings on a commercial certificate and an instrument-powered-lift rating through their approved curriculums. AWPC stated they agree with the FAA’s approach to requiring this training through approved programs under parts 135, 141, and 142 because these courses apply defined prerequisites and deliver a highly standardized and regulated course of instruction. CAE also generally supported the FAA’s proposal stating it would ensure standardized and regulated instruction with defined prerequisites. L3 Harris and Archer further echoed this support. Additionally, AWPC, CAE, GAMA, Archer, and L3Harris recommended that the FAA should add language to § 61.71 to include part 135 as an approved training program for powered-lift to clarify that graduates of a part 135 approved certification program have met the requirements of part 61. Section 61.71 sets forth special rules for graduates of an approved training program outside of part 61. Specifically, § 61.71 acknowledges approved training programs under parts 141 and 142 as meeting the applicable aeronautical experience, aeronautical knowledge, and area of operation requirements under certain circumstances.279 Section 61.71(b) further acknowledges part 121 air carrier approved training curriculum and proficiency checks in certain circumstances as meeting the applicable requirements for an ATP certificate under § 61.157. The FAA determined it is unnecessary to revise § 61.71 to include part 135 training programs because part 194 contains the necessary language that enables part 135 operators to conduct part 61 training. As part 194 contains temporary allowances, it would not be appropriate to make a permanent amendment to § 61.71 because the SFAR explicitly allows conduct notwithstanding provisions in part 61. Section 194.243 and the amendment to § 61.1(a) 280 would structure of part 135 powered-lift training programs. This guidance will be integrated into FAA Order 8900.1 upon final rule publication and implementation. 279 § 61.71(a). 280 Specifically, under § 61.1(a), part 61 prescribes the requirements for issuing pilot, flight instructor, and ground instructor certificates, ratings, and authorizations; the conditions under which those certificates, ratings, and authorizations are necessary; the privileges and limitations of those certificates, ratings, and authorizations; and the requirements for issuing such certificates and ratings for persons who have taken courses approved by the Administrator under other parts of chapter I of title 14 of the Code of Federal Regulations. The FAA proposed to revise § 61.1(a) PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 sufficiently integrate part 135 training in lieu of certain part 61 requirements. ii. Curriculum Content Under proposed § 194.243(a)(1), an operator would be able to seek approval to offer training in conjunction with its part 135 operator training to qualify its pilots for part 135 operations. As proposed, the curriculum content from a part 135 operator seeking to provide this training would involve foundational ground and flight training that may be nontraditional or inapplicable to part 135 operations (i.e., aeronautical experience such as solo flight time, cross-country flight time, or certain maneuvers in the ACS). As explained in the NPRM, the airman certification curriculum would be required to satisfy the aeronautical experience requirements, including (1) the 20 hours of training, in § 61.129(e) (as required by § 61.63(b)) or the applicable alternate requirements set forth by proposed part 194, (2) the requirements for an instrument rating in § 61.65(f) or the applicable alternate requirements set forth by proposed part 194, and (3) the requirements for adding a type rating in § 61.63(d).281 Further, under § 135.324, a certificate holder may contract with or otherwise arrange to use the services of a part 142 training center to conduct training, testing, and checking, subject to certain training center requirements. This existing provision would be equally applicable to a part 135 operator’s approved certification curricula under the SFAR (i.e., a part 142 training center could deliver the part 135 operator’s approved certification curriculum). Likewise, the operator could send its pilots to a part 141 pilot school or part 142 training center to obtain the necessary powered-lift ratings before returning to the part 135 operator to complete the required part 135 training and checking. The FAA received comments from NATA and A4A (discussed below) encouraging use of the standardized curriculum approach to the certification curriculum in § 194.243(a), but otherwise the FAA received no substantive comments pertaining to the content of the proposed curriculum. to account for part 194 requirements, similar to the allowance for current part 107, which would sufficiently integrate the part 135 training program in tandem with new § 194.243. 281 As discussed in the NPRM, operators seeking to provide type ratings to powered-lift pilots who already hold powered-lift category ratings and instrument-powered-lift ratings would follow existing regulations in the same manner as operators using airplanes and rotorcraft can provide training and testing that result in the pilot receiving a type rating. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Accordingly, § 194.243(a) is adopted as proposed. NATA recommended the FAA consider the standardized curriculum program for part 135 operators. NATA stated that the standardized curriculum concept, supported by FAA and industry in enabling safety and administrative benefits, provides a means to standardize curricula offered by part 142 training centers to part 135 operators as an option to meet the training requirements of part 135. NATA emphasized benefits such as enhanced training, testing, and checking; leveraging experience; streamlined approval processes; and administrative efficiencies. A4A echoed this general sentiment, recommending that part 141 pilot schools, part 142 training centers, and part 135 operators be required to comply with standardized curricula design, learning objectives, performance tasks, and evaluation criteria developed by the FAA. The standardized curriculum concept provides a means to standardize curricula offered by part 142 training centers to part 135 operators as an option to meet the training requirements of subpart H of part 135.282 This concept aims to provide an efficient means for approving training curricula for a specific aircraft or series of aircraft offered by part 142 training centers while increasing the consistency of training, testing, and checking delivered to part 135 operators. To note, standardized curriculum is not a complete training program; 283 rather, it is the aircraft-specific segment of the part 135 training to be delivered by a part 142 training center in accordance with § 135.324(b) (and all applicable requirements under part 135). Traditionally, the Training Standardization Working Group (TSWG) collaborates with stakeholders to develop and recommend a standardized curriculum to the ARAC for a specific aircraft fleet. In turn, the ARAC presents the recommendations to the FAA for review, consideration, and possible publication and implementation.284 Once published by the FAA, if the POI determines it fits the needs of the operator, the standardized curriculum is considered to meet the aircraft-specific requirements of a part 135 training program. The FAA finds that part 135 training programs facilitating the entrance of this new category of aircraft must remain flexible and adaptive for the operator, retaining the ability to evolve with emerging trends, safety concerns, and operational considerations as poweredlift operations mature. The FAA agrees that the use of standardized curriculum could provide a benefit to part 135 powered-lift operators in the future. However, the FAA finds it impractical and premature to establish a TSWG and develop a standard part 135 curriculum for a powered-lift because no certificated powered-lift have completed the FSB process and, therefore, no operators currently use powered-lift (or qualified powered-lift FFS).285 However, the SFAR would not foreclose this as an option in the future should a specific type of powered-lift with a similar training footprint emerge along with significant insight into the training and operation of that powered-lift to develop a standardized curricula. 282 www.faa.gov/pilots/training/standardized_ curriculum. 283 The certificate holder would still be required to develop some training curricula on their own, such as an indoctrination or special operations curriculum. 284 See AC 142–1 Standardized Curricula Delivered by Part 142 Training Centers. 285 The TSWG model is based on leveraging industry expertise to make recommendations to the FAA on part 135 curriculum content. Without any powered-lift currently operating, it will take time for the requisite expertise to develop in industry to properly inform the TSWG process. 286 These requirements include that the instructor be PIC qualified for the aircraft and operation (e.g., VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 iii. Pilot Eligibility The FAA also proposed eligibility standards for the pilots who may be trained under a part 135 airman certification training curriculum, which would be set forth by proposed § 194.243(a)(3). As proposed, a certificate holder may train a pilot for powered-lift ratings only if the pilot is employed by the part 119 certificate holder. The pilots would also be required to meet the certificate and rating requirements of proposed § 194.215(a) (i.e., at least a commercial pilot certificate with either (1) an airplane category rating with single- or multiengine class rating and an instrument-airplane rating, or (2) a rotorcraft category rating with a helicopter class rating and an instrument-helicopter rating). The FAA did not receive any comments on the proposed part 135 pilot eligibility provisions and adopts the provision as proposed. iv. Part 135 Instructors Currently, instructors in part 135 are not required to hold a part 61 flight instructor certificate. Rather, a part 135 instructor must meet the requirements set forth in §§ 135.338 and 135.340.286 PO 00000 Frm 00081 Fmt 4701 Sfmt 4700 92375 While the traditional part 135 instructor focuses on training pilots in the specific aircraft and operation, part 135 instructors under the SFAR will be training pilots on basic airman certification requirements (i.e., part 61 requirements). To provide training on basic airman certification requirements, a person must generally hold a part 61 flight instructor certificate with appropriate ratings. Specifically, pursuant to § 61.3(d)(2), a person must hold a flight instructor certificate issued under part 61 to give training required to qualify a person for solo flight and solo cross-country flight and to give certain endorsements.287 The FAA recognizes there are certain scenarios, though, where a flight instructor certificate is not required. Under the narrowly tailored exception in § 61.3(d)(3)(ii), a flight instructor certificate is not required to provide training and endorsements if provided by the holder of an ATP certificate with the appropriate rating in accordance with an approved air carrier training program under part 121 or 135. However, when a pilot traditionally receives training at a part 135 operator, the pilot already holds the appropriate category and class ratings on their commercial pilot certificate. Therefore, the instructor pilot who holds an ATP certificate but not a part 61 flight instructor certificate would be training a pilot who already demonstrated the basic airman certification proficiency and competency to the airman certification standards. This is unlike the framework adopted in this final rule whereby the part 135 approved training program will include foundational training and testing required to add category and instrument ratings to a commercial pilot certificate in lieu of part 61 requirements.288 The FAA found it necessary to prevent a situation under which a part 135 instructor who holds an ATP certificate with powered-lift ratings holding the airman certificates and ratings, successfully completing the required aircraft training phases, etc.), satisfactorily complete the approved part 135 instructor ground and flight training, and undergo continued observation by an FAA inspector, an operator check airman, or an aircrew designated examiner employed by the operator to ensure the quality and effectiveness of the instruction after initial instructor acceptance. 287 See § 61.3(d)(2)(ii) through (iv). 288 Because approved training programs under part 135 do not include training and testing required to add category and instrument ratings to a commercial pilot certificate, nor does part 61 accept part 135 training and checking activity in lieu of part 61 requirements for a commercial pilot certificate, the exception in § 61.3(d)(3)(ii) does not currently apply and creates a safety gap in allowing the holder of an ATP certificate to provide part 61 certification training. See § 61.167(a) for ATP certificate holder training privileges. E:\FR\FM\21NOR2.SGM 21NOR2 92376 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 could provide training in a powered-lift to pilots seeking to add a powered-lift category rating and an instrumentpowered-lift rating to their commercial pilot certificate through the part 135’s airman certification curriculum. Specifically, as discussed in the NPRM, the FAA determined that a person must hold a flight instructor certificate issued under part 61 with the appropriate ratings to provide training for the purpose of adding a powered-lift category rating or an instrument rating to a commercial pilot certificate. This determination was based on the lack of powered-lift experience held by pilots completing the part 135 training program (who would be completing basic airman certification requirements) and the curriculum content required for the issuance of a commercial pilot certificate with a powered-lift category rating and an instrument-powered-lift rating (i.e., foundational ground and flight training and aeronautical experience not traditionally included in a part 135 training curriculum.) 289 The holder of a flight instructor certificate with a powered-lift category rating would be qualified to provide training on the tasks and maneuvers required in the approved certification training curriculum because the tasks and maneuvers are included on the powered-lift flight instructor practical test.290 Additionally, the flight instructor would have demonstrated the ability to provide effective training on the foundational tasks and maneuvers, demonstrate the skills required to perform those tasks and maneuvers within the approved standards, and analyze and correct common errors that occur during training of those tasks and maneuvers. For these reasons, the FAA proposed § 194.243(a)(2) to require an instructor in a part 135 airman certification training program to hold a flight instructor certificate with a 289 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 instrumentpowered-lift rating, the training must cover the knowledge areas specified in § 61.65(b) and the areas of operation contained in § 61.65(c). 290 See Commercial Pilot for Powered-Lift Category ACS (FAA–S–ACS–2) and Flight Instructor for Powered-Lift Category ACS (FAA–S– ACS–27), both incorporated by reference under §§ 61.14 and 61.43(a). Because § 61.43(a) requires an applicant to perform the tasks specified in the areas of operation contained in the applicable ACS (or PTS), a person seeking a flight instructor certificate with a powered-lift category rating would be trained and tested on their understanding of these tasks and maneuvers, their application of that knowledge to manage associated risks, and their ability to demonstrate the appropriate skills and provide effective instruction for each of these tasks and maneuvers. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 powered-lift category rating and instrument-powered-lift rating issued under part 61 (in addition to meeting the qualification requirements of §§ 135.338 and 135.340). To ensure the narrow exception in § 61.3(d)(3)(ii) is not expanded in light of the FAA’s proposal, the FAA proposed § 194.203(b) to specify that a person must hold a flight instructor certificate with the appropriate powered-lift ratings to conduct training in accordance with a training curriculum approved to meet the requirements of § 194.243(a)(1). Additionally, to ensure the ATP privileges contained in § 61.167(a) are not expanded as a result of the SFAR, the FAA proposed a limitation in § 194.205 to prohibit a person who holds an ATP certificate with poweredlift ratings from instructing other pilots in accordance with an approved training program under part 135 for the purpose of obtaining a commercial pilot certificate with a powered-lift category rating or an instrument-powered-lift rating. ALPA and an individual commenter supported the requirement that part 135 instructors providing training for a commercial pilot certificate with powered-lift ratings and an instrumentpowered-lift rating hold a part 61 flight instructor certificate with appropriate ratings. The individual stated that the SFAR would enable the part 135 instructors to provide foundational flight training to someone who does not already hold the category rating at the commercial level, which necessitates instructors trained under the same requirements as part 61 instructors in the interest of ensuring safety and effective training. ALPA supported the FAA’s conclusion, as set forth in the preamble to the NPRM, that a person with a flight instructor certificate would be best suited to provide training on the foundational tasks, maneuvers, and skills, and provide any corrective feedback and analysis. FlightSafety International, UPS Flight Forward (UPS FF), and L3Harris commented on the FAA’s proposal to require a part 61 flight instructor certificate to provide training under the SFAR at a part 135 operator. FlightSafety International did not appear to disagree with the general concept to require a flight instructor certificate for part 135 instructors under the SFAR, but rather commented on the proposal in the context of aligning the type rating requirement with ICAO Annex 1, section 2.1.1.4. Specifically, FlightSafety International recommended the FAA revise proposed § 194.203(b) to require a flight instructor under part 135 PO 00000 Frm 00082 Fmt 4701 Sfmt 4700 to hold any category or class flight instructor certificate with the appropriate powered-lift type rating only (rather than a flight instructor certificate with a powered-lift category and type rating). FlightSafety International also proposed similar revisions (i.e., any flight instructor certificate with only a powered-lift type rating) in §§ 194.205 and 194.243. UPS FF opposed the flight instructor certificate requirement, stating that part 135 operators and part 121 airlines have long relied on the regulatory allowance to train and qualify pilots without holding a part 61 flight instructor certificate and asserted that such a requirement would result in less experienced part 135 instructors or add a financial burden to operators that fund their instructors in the completion of part 61 instructor training. UPS FF urged the FAA to take several factors into consideration, including a perceived pilot shortage, the introduction of new and unique aircraft into commercial service, and the desire to have experienced pilots training new entrants. UPS FF suggested the FAA leverage the Aircrew Program Designee (APD) process to support part 135 operators conducting training and checking resulting in the issuance of both a category and type rating to a part 61 certificate. Similarly, L3Harris opposed the requirement, stating it would not add any value or safety to the certification process and will burden instructors at air carriers. First, for the reasons stated in section VII.A. of this preamble, the FAA is not implementing ICAO Annex 1, section 2.1.1.4 therefore FSI’s suggestions are likewise not adopted. As previously discussed, UPS FF correctly notes that parts 121 and 135 operators have traditionally relied on the allowance to train and qualify pilots without holding a part 61 flight instructor certificate. However, this allowance is narrowly tailored to the training and checking designed to prepare a pilot to operate in accordance with the air operator’s certificate for which they are employed and for certification purposes extends solely to training required for a type rating. Under the new requirements in the SFAR, certificate holders under part 135 may submit a curriculum constituting a comprehensive airman certification training framework, which would go beyond the traditional scope of a part 135 training program. In other words, part 135 certificate holders are not presently permitted to train pilots for their initial part 61 category ratings and, therefore, the corresponding instructor E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations pilots are not required to hold part 61 flight instructor certificates. The certification activity currently allowed to be accomplished through the completion of a certificate holder’s training program is not analogous to the new certification curriculum for a commercial pilot certificate and instrument rating. First, to the extent that § 61.157(f) allows checks at an operator to satisfy the practical test requirements for an ATP certificate, the ATP certificate practical test requires no additional training but rather is an experience-based eligibility (e.g., 1,500 total time as a pilot, etc.). Conversely, a commercial pilot certificate requires an applicant to complete training and acquire flight experience. To the extent that § 61.157(c) allows pilots training under a part 135 training program to forego the flight training for a type rating in § 61.157(b)(1) if they present a training record that shows completion of a certificate holder’s approved training program for the aircraft type that also is distinguishable because a certificate holder’s training program, like training for a type rating, is aircraft type specific. Accordingly, there is a correlation between the content of the operator’s training program and the type rating training. It is for the exact reasons cited by UPS FF and L3Harris—the introduction of new and unique aircraft, a lack of experienced powered-lift pilots, and the desire to have experienced pilots training new entrants—that the FAA maintains the need for proficient flight instructors, who have been trained and tested themselves on these foundational airman certification tasks, maneuvers, and instructional abilities, to provide part 61 training. Commenters recommended leveraging the aircrew program designee (APD) process to reduce the reliance on instructors holding a part 61 flight instructor certificate. An APD for an operator is a check pilot employed by the operator who is qualified and authorized to certify other pilots by conducting a certification examination, giving the operator the ability to facilitate certain airman certification for ATP certificates and type ratings (§§ 61.63 and 61.157). Under the SFAR, the company may still leverage APDs to conduct evaluations required for the newly enabled ratings. However, the use of an APD program does not reduce the importance of using a pilot with a flight instructor certificate for initial certification training and ensuring basic flight concepts are taught by an appropriately rated individual with an understanding of training initial applicants. Therefore, the SFAR would VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 not foreclose the use of an APD process under part 135, but individuals who provide flight training must be appropriately qualified as set forth in the SFAR. The FAA notes that the requirement to hold a part 61 flight instructor certificate with powered-lift ratings applies only to part 135 instructors who train pilots seeking to obtain their initial powered-lift category and instrument ratings under a part 135 training program. The FAA is not altering the ability of an operator to use pilots who possess an ATP certificate to provide training under their approved part 135 training program with qualified PICs that hold their ATP certificate, as is the current status quo. This SFAR provision would only apply to training for initial powered-lift ratings under the part 135 training program to meet the part 61 requirements concurrently. Therefore, this final rule adopts the part 135 flight instructor certificate provisions as proposed. v. Checking and Testing Part 135 initial training culminates in evaluations of the pilot’s proficiency through the completion of a competency check under § 135.293(b) and, if conducting operations under IFR, a PIC instrument proficiency check under § 135.297. The FAA proposed several provisions in § 194.243(b) pertaining to part 135 airman certification and checking, which are adopted herein as proposed with one addition in new § 194.243(b), as subsequently discussed. First, § 194.243(b)(1) permits, at the completion of the certification curriculum and the part 135 operator training, a pilot to apply to add a powered-lift category rating concurrently with an 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 § 135.293(b), and an instrument proficiency check under § 135.297 provided certain conditions are met.291 Under § 194.243(b)(1)(iii)(A), the competency check must include the maneuvers and procedures required for 291 As noted in the NPRM, the FAA recognizes that certain PICs in part 135 would not be required to complete an instrument proficiency check under § 135.297 (e.g., PICs and SICs serving in VFR only operations and SICs serving in IFR operations). However, if the operator opts to pursue a training program under the SFAR to issue an instrumentpowered-lift rating, the person would be required to successfully complete the § 135.297 instrument proficiency check to meet the requirements of proposed § 135.243(b) (see section V.J.5. of this preamble) and existing § 135.245(a). PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 92377 the issuance of a commercial pilot certificate with a powered-lift category rating and a powered-lift type rating.292 Similarly, the instrument proficiency check must meet the requirements of § 135.297 as applicable to a PIC holding a commercial pilot certificate, which includes the maneuvers and procedures required for the issuance of an instrument-powered-lift rating.293 As described in §§ 135.293(e) and 135.297(c), competent performance of each maneuver and procedure on the competency check and instrument proficiency check requires that the pilot be the obvious master of the aircraft, with the successful outcome of the maneuver never in doubt. Finally, as set forth by § 194.243(c), the testing, competency check, and instrument proficiency check would be administered by an ASI or APD who is authorized to perform competency checks and instrument proficiency checks for the certificate holder, or a TCE with appropriate certification authority who is also authorized to perform competency checks and instrument proficiency checks for the certificate holder. As proposed, certain part 135 regulations that apply to the competency check and instrument proficiency checks will not apply to the recognition of part 135 competency checks and instrument proficiency checks under the SFAR for initial certification purposes (i.e., to meet § 194.243(b)(1)(iii)). Specifically, under § 194.243(b)(2), the allowance in § 135.301(b), which permits a pilot who fails a maneuver on a check to receive additional training and then repeat the maneuver, will not be applicable to the competency check and instrument proficiency check under the SFAR.294 Lastly, the allowance in § 135.293(d), which permits the substitution of a § 135.297 instrument proficiency check for a competency check, will not apply to the competency check for the powered-lift category rating. These exclusions are set forth in § 194.243(b)(3). § 61.43(a). ALPA provided recommendations regarding competency checks, including 292 See §§ 61.127(b)(5), 61.157(e)(3), and appendix A to part 61. 293 Since the instrument proficiency check is being used to meet the practical test requirements for an instrument-powered-lift rating, the check must include all approaches required by the Instrument Rating—Powered-Lift ACS, even if the pilot will not be authorized to conduct one or more of those approaches during part 135 operations (e.g., circling approaches). 294 In other words, the pilot would be expected to meet the same standards as those set forth in E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92378 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the maneuvers and procedures required to issue a commercial pilot certificate with powered-lift category rating. Specifically, ALPA recommended the use of ‘‘continuing qualifications standards’’ as outlined in part 135, which ALPA stated are foundational in training and passing pilots in part 135. Additionally, ALPA urged the FAA to provide standards and guidance for test pilots choosing the maneuvers for the competency checks because the lack of a structured approach would increase a safety risk in validating a pilot’s competency. Finally, ALPA sought clarification on the outcome in a scenario where a pilot unsatisfactorily performs on a check and must recheck. ALPA specifically requested the FAA to comment on waiting periods and additional training requirements for such pilots. First, in regard to ALPA’s suggestion that a continuing qualification standard be mandated amongst powered-lift operators, the FAA notes that all part 135 operators would be required to adhere to the regulations as applicable in part 135 and is unclear what additional qualifications standards ALPA contends would be beneficial for pilots. ALPA’s use of the term ‘‘continuing qualification’’ could be interpreted as the establishment of an Advanced Qualification Program (AQP), which is discussed in section V.G.1.v of this preamble. Any part 135 operator has the option of implementing an AQP, subject to approval by their POI; it is not, however, mandatory for poweredlift unless they operate as a commuter operation as required in § 194.247. While the FAA does not foresee a high volume of commuter powered-lift operations at the onset of this SFAR, these operations will eventually emerge; the FAA expects pilots to obtain the qualifications (ATP certificate) and manufacturers to develop aircraft that would meet the regulatory thresholds for commuter operations. However, any additional continuing qualification requirement would be difficult to standardize at this time for the same reasons that the FAA finds a standardized curriculum premature to implement. Additionally, the FAA notes that the SFAR would not foreclose an operator from initiating any additional benchmarks or qualification checks that operator deems necessary for safe operation. For example, Archer discussed imposition of a 500-hour minimum flight hour experience level for pilots in anticipation of part 135 PIC responsibilities. Similarly, Lilium indicated they would impose real-time monitoring through approved remote VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 technology to ensure operational safety is maintained during flight training. In addition to the items outlined in the checking modules and because competency and proficiency checks can now result in a commercial pilot certificate with a powered-lift category and type rating and an instrumentpowered-lift rating, the checking event will be required to accomplish all the required tasks in the appropriate ACS for a pilot applicant employed at a certificate holder. Specifically, under § 194.243(b)(1)(iii)(A), the competency check would be required to include the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, and a powered-lift type rating. Similarly, under § 194.243(b)(1)(iii)(B), the instrument proficiency check must meet the requirements of § 135.297 as applicable to a PIC holding a commercial pilot certificate, except that the instrument approaches to be included must include all instrument approaches required for the issuance of an instrument-powered-lift rating. The FAA agrees with ALPA’s general contention that ASIs, APDs, and TCEs 295 should be provided guidance and standards to conduct the checks pursuant to § 194.243(b). Currently, tables for pilot proficiency checks are outlined in FAA Order 8900.1.296 These tables will be updated with this final rule to account for checking modules in a powered-lift to include basic checking modules for a § 135.293 VFR competency check, § 135.293 IFR competency check, § 135.297 instrument proficiency check, and NVG tasks to be accomplished when appropriate. Because § 61.43 requires the practical test for the issuance of a rating include all tasks specified in the areas of operation contained in the applicable ACS as incorporated by reference in § 61.14, it follows that the corresponding check must include these tasks as well. For purposes of training program submission, the FAA notes that a certificate holder’s module format may be either a simple outline, a table such as those contained in aforementioned FAA Order 8900.1 tables, or any other format that the POI finds clearly establishes the methods to be used and elements and events to be checked. To the extent that ALPA sought clarification on unsatisfactory 295 While ALPA cited test pilots as choosing the maneuvers, the FAA notes that ASIs, APDs, and TCEs conduct checks for part 135 checks. 296 See Volume 3, Chapter 19, Section 7, tables 3– 70 and 3–71. PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 performance during a check and the process for rechecking, as previously stated, the FAA excluded the use of certain part 135 regulations traditionally applicable to the competency check and instrument proficiency checks, as provided in § 194.243(b)(2). Section 135.301(b) allows that, if a pilot fails a maneuver on a check, the person giving the check may provide the pilot with additional training during the check and then the pilot must repeat the failed maneuver. The FAA chose to foreclose this option if an individual was obtaining an initial category certificate or rating to align with how a part 61 pilot certificate is granted today in alignment with § 61.43(c) which specifies that, if a pilot fails any area of operation, that pilot fails the practical test. For evaluations and checks not resulting in the issuance of a pilot applicant’s initial powered-lift ratings, the provisions in § 135.301 would be available as they normally are. Further, because these checks essentially serve as a practical test for certification, successful completion of which is essential to ensuring comprehensive pilot proficiency, the FAA finds it necessary to treat checks in the same manner as a practical test in part 61 when a person cannot successfully demonstrate a task or maneuver. Where a check under part 135 would typically permit the pilot to receive additional training and repeat the maneuver, this final rule adopts new § 194.243(b)(4) that mirrors current § 61.49(a). In the case of a failed maneuver, the check will be recorded as an unsatisfactory evaluation and a notice of disapproval will be issued. To qualify for a recheck, the applicant will be required under § 194.243(b)(4) to (1) receive necessary training from an authorized instructor or instructor pilot and (2) obtain an endorsement from the authorized instructor or instructor pilot who conducted the training and determination that the applicant is proficient to pass the test attesting to the training.297 A new application for the ratings would have to be made prior to a subsequent attempt. The retraining could not occur as part of the same flight and evaluation sequence because the person would be required to reapply for the check after receiving training and an endorsement. 2. Part 141 Pilot Schools As previously discussed, part 141 pilot schools serve as a structured 297 The applicant will also be required to comply with any requirements provided in the approved part 135 training manual for that operator. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 program 298 under which a person may obtain part 61 certificates and ratings; the FAA proposed to allow part 141 pilot schools to offer the training for the alternate experience requirements set forth by the SFAR. The FAA did not propose any relief from the personnel requirements of a part 141 pilot school (i.e., subpart B of part 141). As such, an instructor at a part 141 pilot school would be required to hold a poweredlift category rating and an instrumentpowered-lift rating on their commercial pilot certificate and a flight instructor certificate with a powered-lift rating or instrument-powered-lift rating.299 The instructor will also be required to hold a type rating on their pilot certificate that corresponds to the aircraft in which the training will be provided. As discussed in the NPRM, the FAA anticipates part 141 pilot schools will obtain the necessary training for powered-lift ratings from the manufacturers through the alternate pathways, discussed in section V.B. of this preamble, and the initial pool of instructors from the military pilots with certificates and ratings through the provisions of § 61.73. Specific to part 141 pilot school requirements, CAE and NBAA stated that the requirement for Chief Instructors, Assistant Chief Instructors, and Designated Pilot Examiners to acquire the proposed 50 hours in type (or combined with a simulator of Level C or higher) 300 will be difficult as there are currently no powered-lift to use for training and/or testing. Similarly, both commenters stated that flight training organizations and students will experience a burden in finding a powered-lift for training and testing toward a powered-lift rating for noncommercial use. The FAA agrees with CAE and NBAA that the lack of civilian powered-lift for training and testing will create a unique burden for flight training organizations and students insofar as populations of pilots seeking training will not have 298 For the purpose of this preamble, when referring to training program under part 141, the FAA considers this term synonymous with training course outline or training curriculum. The FAA is noting the slight differentiation in terms here for clarification. 299 § 141.33(a)(3). See also 141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii). 300 The FAA notes that there are no specific requirements of time in an aircraft to receive a type rating. See § 61.63(d). The FAA understands this comment to mean the 50 hours of PIC time in a powered-lift, as the commenters both specified this amount of time earlier in their comments when remarking on similar concerns in the context of part 142. The FAA finds this comment is addressed in section V.F.2. of this preamble, where the FAA describes the reduction of PIC time in a poweredlift to 35 hours. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 ready access to the aircraft like those populations currently enjoy with airplanes and helicopters. The intent of the SFAR and the respective alternate frameworks set forth by this final rule work in tandem to alleviate that burden as much as possible while upholding a level of safety for pilots seeking to engage in civilian commercial operations commensurate with the existing high level of safety for those operations. The FAA notes that the SFAR does not solely address the facilitation of commercial operations. Rather, as stated in the NPRM, the intention expressed by industry to introduce these aircraft immediately into passenger-carrying commercial operations instigated the reconsideration of the existing airman regulations for powered-lift and address the absence of specific regulations for pilots in part 135, specifically. However, the SFAR does not create any additional barriers for ‘‘non-commercial’’ operations and, in fact, includes part 141 personnel along with part 135 and part 142 personnel in the opportunity to obtain training at the manufacturer for the purpose of forming the initial cadre of instructors. In addition, the FAA proposed, and adopts in this final rule as discussed in section V.F. of this preamble, alternative requirements for private pilot certification. In the context of a part 141 pilot school, once a population of qualified personnel exists, the part 141 pilot school would be free to apply to deliver any powered-lift training curriculum they are qualified to provide (e.g., a private pilot certification course). 3. Part 142 A part 142 training center, likewise, provides an alternate means to accomplish part 61 training and certification, established primarily in response to advancement in flight simulation technology in the late 1990s.301 Aligned with the intent for part 141 pilot schools, the FAA anticipates that a part 142 training center will establish the initial cadre of flight instructors under the SFAR’s alternate requirements by obtaining the necessary training at the manufacturer (see section V.F.2. of this preamble). After such, the part 142 training center could establish powered-lift training curricula utilizing the qualified TCEs to provide training to other instructor personnel at the training center. Part 142 contains its own requirements for flight instructor 301 Aircraft Flight Simulator Use in Pilot Training, Testing, and Checking and at Training Centers, 61 FR 34508 (July 2, 1996). PO 00000 Frm 00085 Fmt 4701 Sfmt 4700 92379 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 instructors will be required to hold the appropriate powered-lift ratings on their pilot and flight instructor certificates.302 For instructors who conduct training in an FSTD, § 142.47(a)(5) requires that an instructor satisfy one of three options 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 61.163,303 as applicable, if instructing in an FSTD that represents an ‘‘airplane requiring a type rating’’ or instructing in a curriculum leading to the issuance of an ATP certificate or added rating to an ATP certificate in any category of aircraft; or (3) be employed as an FSTD instructor for a training center providing instruction and testing to meet the requirements of part 61 on August 1, 1996. Essentially, notwithstanding the third option, in the current regulatory environment, the part 142 instructor seeking to instruct in a powered-lift FSTD for a commercial pilot certificate would only be required to meet the aeronautical experience requirements for a commercial pilot certificate with a powered-lift category rating. Because § 142.47(a)(5)(ii) applies only to airplanes requiring a type rating, persons instructing in an FSTD in a powered-lift (which would all require a type rating under this final rule, as discussed in section V.A. of this preamble) would only be required to meet the aeronautical experience requirements of a commercial certificate with a powered-lift category rating (i.e., § 61.129(e)), unlike how airplanes requiring a type rating are treated. In other words, § 142.47(a)(5)(ii) would be 302 In addition to § 142.47(a)(3), § 142.49 sets forth training center instructor and evaluator privileges and limitations and restricts a training center from allowing an instructor to provide flight training in an aircraft unless that instructor is qualified and authorized in accordance with subpart H of part 61 (Flight Instructors Other than Flight Instructors with a Sport Pilot Rating). 303 These sections set forth the aeronautical experience requirements for a commercial certificate with an airplane single-engine rating, airplane multiengine rating, helicopter rating, and powered-lift rating. E:\FR\FM\21NOR2.SGM 21NOR2 92380 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 inapplicable because the person instructing in a powered-lift FSTD would not be representing an airplane (the first criteria in the paragraph), nor would the person be instructing in a curriculum leading to the issuance of an ATP certificate or an added rating to an ATP certificate (the second criteria in the paragraph). In the NPRM, the FAA also noted this discrepancy concerning helicopters requiring a type rating. As comprehensively discussed in the NPRM,304 the FAA found it necessary to ensure a person instructing in an FSTD for an aircraft requiring a type-rating possess a higher level of experience than that required for a commercial pilot certificate due to technological advancements in type-rated aircraft. Therefore, the FAA proposed to impose the same standard for powered-lift and rotorcraft instructors providing training in an FSTD as those required for airplanes by replacing the word ‘‘airplane’’ with ‘‘aircraft’’ in § 142.47(a)(5)(ii). Most existing rotorcraft training center instructors already meet the aeronautical experience requirements of § 142.47(a)(5)(ii) for rotorcraft that require type ratings or do not offer standalone type-rated rotorcraft curriculum (e.g., the training center offers an ATP curriculum for the typerated rotorcraft, thereby falling into the criteria in the second part of § 142.47(a)(5)(ii)). However, to facilitate integration of this regulatory change while not disrupting current practice for those instructors who may not currently satisfy this standard, the FAA proposed to except instructors that are currently instructing in an FSTD that represent a rotorcraft requiring a type rating from this proposed requirement in new § 147.47(a)(5)(ii)(A) and (B). Additionally, the FAA recognized that implementation of this regulation may delay some operators initially by the lack of pilots possessing an ATP certificate with the appropriate powered-lift ratings. The FAA noted the availability of deviation authority in § 142.9 for powered-lift instructors (and rotorcraft instructors, given the regulatory change for this population of instructors). Section 142.9 functions to provide an avenue for relief from the ATP experience requirements of § 142.47(a)(5)(ii) if the FAA determines that it would not adversely affect the quality of instruction or evaluation.305 304 88 FR 38946 at 38996 (June 14, 2023). FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4. The FAA may consider the level of safety purportedly achieved by the request, the proposed revisions to the training center’s operating procedures and Quality Management Systems, and any accompanying justification, procedures, or 305 See VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Many commenters, including NBAA, CAE,306 and Archer, opposed the FAA’s proposal to replace the term ‘‘airplane’’ with ‘‘aircraft,’’ thereby expanding the requirement for an FSTD instructor to meet the aeronautical experience requirements of §§ 61.159, 61.161, or 61.163, as applicable. Specifically, Archer stated the proposal is devoid of a clear, safety-based justification and lacks necessary supporting data to warrant its adoption. Archer urged the FAA to consider that the underlying reason for the type rating was the inability to establish coherent classes and recognize that if the FAA did establish classes of powered-lift then the type-rating requirement would disappear, as would the corresponding requirement for FSTD instructors in § 142.47(a)(5)(ii). Archer stated that the aeronautical experience requirements for FSTD instructors of large, complex, and turbojet powered type-rated airplanes should not be equally applicable to powered-lift because powered-lift are simple to fly and will be flown by predominantly commercial pilots without an ATP certificate. Archer also emphasized the comparison of the aeronautical experience expected from parts 141 and 135 instructors compared to part 142 instructors. Archer stated that the same FSTD that would require an instructor with an ATP certificate or equivalent aeronautical experience at a part 142 training center could be used for training under part 135 or 141 with only an authorized instructor, resulting in a burden to part 142 training centers. In sum, Archer urged the FAA to maintain the existing language in § 142.47(a)(5)(ii) preserving the distinction between ‘‘airplane’’ and ‘‘aircraft.’’ If the FAA continued to believe the proposed change is necessary, Archer provided suggested revised language to exempt part 142 powered-lift and rotorcraft FSTD instructors who also instruct in the aircraft being simulated from the policies that the training center proffers in support of its request for relief. 306 CAE and NBAA echoed their previous sentiment in the context of training in accordance with part 141 under the SFAR. They again stated that requiring the initial cadre of TCEs to be trained by the manufacturer would create a backlog for training by preventing part 142 training centers from qualifying initial instructors and TCEs. They estimated part 142 training centers would need 7 to 9 instructors per simulator, which will be difficult to achieve given (1) the perceived atypical requirement for a training center instructor to be a CFI, and (2) the requirement for instructors to have a powered-lift category rating. The commenters recommended removing the powered-lift category rating and the requirement for training center instructors to hold a CFI with no additional information on how these instructors would be alternatively and sufficiently qualified. PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 requirement to hold an ATP certificate or equivalent experience. Archer also disagreed with the FAA’s reliance on § 142.9 as an avenue for relief from the ATP experience requirements of § 142.47(a)(5)(ii), stating that the deviation approach may be cumbersome and elongated. GAMA requested the FAA apply ICAO Annex 1 language (i.e., add a powered-lift type rating to an existing commercial certificate with airplane or helicopter ratings) and clarify that an instructor pilot may meet the aeronautical experience requirements of § 61.159 (airplane) or § 61.161 (rotorcraft), as appropriate to the specific aircraft type. GAMA also suggested the training instructor requirements to be specified in the FSB report for that aircraft. First, Archer is correct that the FAA found it premature to identify concrete sets of similar characteristics to establish powered-lift classes at this time due to the wide variance in complexity, design, flight, and handling characteristics between powered-lift. This forms the basis for the requirement of a type rating. The operational characteristics and introduction of novel aircraft and operations necessitate that a person providing instruction maintain a higher threshold of proficiency in areas such as interacting with air traffic control, operating in an airport environment, navigating the operational challenges of flying the aircraft in weather, using crew resource management, and resolving maintenance discrepancies, all while complying with FAA regulations, procedures, manuals, and authorizations. Archer may be correct that some powered-lift may be simple to fly; however, the FAA does not have an adequate sample size with which to determine whether powered-lift are sufficiently simple enough such that training qualifications in an FSTD should be decreased. While one powered-lift may be overwhelmingly autonomous, another may encompass largely manual operations. However, the FAA recognizes that, to Archer’s point, the underlying reasons for establishing a type rating for all powered-lift do not substantially align with the reasons an airplane or helicopter may require a type rating under § 61.31. Specifically, under § 61.31(a), a person who acts as a PIC of a large aircraft,307 turbojet-powered airplane, or other aircraft as specified by the Administrator through aircraft type certificate procedures must hold a type 307 Pursuant to 14 CFR 1.1, large aircraft means aircraft of more than 12,500 pounds, maximum certificated takeoff weight. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 rating for that aircraft. The FAA determined the speed, complexity, and operating characteristics of large aircraft require the PIC to demonstrate proficiency in operating the specific aircraft; similarly, the FAA determined that the performance, environment, and operating characteristics of turbojetpowered airplanes require the PIC to demonstrate proficiency in operating the specific airplane.308 As adopted by this final rule, a PIC will be required to hold a type rating for every powered-lift to account for the lack of classes established at this time and diversity in powered-lift configurations, controls, and operating characteristics. It follows that not every powered-lift will be equally complex as a large aircraft or turbojet airplane just by virtue of requiring the pilot to hold a type rating under § 61.31(a). Therefore, this final rule revises the proposed replacement in § 142.47(a)(5)(ii) of ‘‘airplane’’ requiring a type rating with generalized ‘‘aircraft’’ requiring a type rating (i.e., enveloping large airplanes, large helicopters, turbojet powered airplanes, and all powered-lift, despite the size or engine type). Rather, this final rule will extend the requirements of current § 142.47(a)(5)(ii) to rotorcraft requiring a type rating (as proposed), ‘‘large’’ powered-lift (i.e., powered-lift of more than 12,500 pounds maximum certificated takeoff weight), and turbojet powered powered-lift.309 This amendment holds powered-lift akin to the airplane type rating requirement, recognizing that large powered-lift and powered-lift that operate with turbojet engines are complex, high-speed, and high-altitude, and, therefore, require an increased caliber of experience when instructing in the simulator. Since every powered-lift requires a type rating, to avoid being overly expansive, the amendment does not tie the ATP experience requirement for powered-lift to those having a type rating, but instead to what normally triggers a type rating requirement in airplanes and helicopters. Part 142 instructors seeking to instruct in an FSTD representing a powered-lift of 12,500 pounds maximum certificated takeoff weight or less and powered-lift that do not use turbojet engines would not be required to meet the ATP requirements set forth 308 Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17, 1964). Pilot Rating Requirements, final rule, 30 FR 11903 (Sep. 17, 1965). 309 This corrects a discrepancy made in the 1996 final rule (61 FR 34508, July 2, 1996) whereby the word ‘‘airplane’’ was unintentionally substituted for ‘‘aircraft’’, excluding rotorcraft complex enough to require a type rating from the ATP experience requirements. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 by § 142.47(a)(5)(ii); these instructors could simply meet the applicable aeronautical experience requirements of § 61.129(e) as set forth in § 142.47(a)(5)(i). To improve readability of the regulation, the FAA adopts the revisions to § 142.47(a)(5)(ii) in a revised format. The introductory text in § 142.47(a)(5) will require a person to meet at least one of the requirements in paragraphs (i) through (iii). These are the three options currently in paragraph (a)(5)(i) through (iii) but, as subsequently discussed, this final rule adds an exception in new paragraph (a)(5)(iv). Paragraphs (a)(5)(i) and (iii) will retain the current requirement set forth in the regulations, respectively. Paragraph (a)(5)(ii) will require a person to meet the aeronautical experience requirements of §§ 61.159, 61.161, or 61.163, as applicable, in the scenarios set forth by new paragraph (a)(5)(ii)(A) (in an FSTD representing an airplane or rotorcraft requiring a type rating, a powered-lift over 12,500 pounds, or a turbojet powered powered-lift, with one exception) and new paragraph (a)(5)(ii)(B) (in a curriculum leading to the issuance of an ATP certificate or an added rating to an ATP certificate). Section 142.47(a)(5)(iv) will set forth the aforementioned exception to § 142.47(a)(5)(ii)(A). Specifically, new § 142.47(a)(5)(iv) excepts a person employed as an instructor and instructing in an FSTD representing a rotorcraft requiring a type rating from meeting the aeronautical experience requirements of § 142.47(a)(5)(ii) if the person is not instructing in a curriculum leading to the issuance of an ATP certificate or an added rating to an ATP certificate and the person was employed and met the remaining applicable requirements of § 142.47 on March 21, 2025. The FAA notes that exception was proposed in the NPRM but is simply redesignated in the adoption of this final rule. Finally, the FAA recognizes that a person who obtains a commercial pilot certificate with a powered-lift category rating in accordance with the SFAR will not technically have met the aeronautical experience requirements set forth by § 61.129(e). For example, a pilot will have only completed 35 hours of PIC time in a powered-lift (§ 194.216(a)) rather than 50 hours (§ 61.129(e)(2)(i)).310 Under current § 142.47(a)(5)(i), that fully certificated pilot would be required to seek 15 more 310 A similar gap exists for those pilots certificated in accordance with part 141 where a person may be eligible for a certificate after completing an abbreviated number of aeronautical experience hours. PO 00000 Frm 00087 Fmt 4701 Sfmt 4700 92381 hours of PIC time in a powered-lift to meet the aeronautical experience requirements of § 61.129(e)(2)(i). The FAA does not find that a person should be required to attain additional experience after the person has met the regulatory aeronautical experience requirements as set forth in part 61 or through an abbreviated experience regulation (i.e., part 141) and proven proficiency through the practical test. Therefore, this final rule adds the qualification option of simply holding a commercial pilot certificate with the appropriate ratings. The FAA emphasizes that meeting the aeronautical experience requirements as currently required remains an option without holding the certificate itself, as well. For these same reasons, this final rule adds the option to hold an unrestricted ATP certificate with the appropriate ratings to § 142.47(a)(5)(ii). Finally, NBAA and CAE stated that, normally, part 142 training center instructors do not need to hold a flight instructor certificate or a flight instructor certificate with an instrument rating, but the SFAR requires a powered-lift type rating, instrumentpowered-lift rating, a flight instructor certificate, and a flight instructor certificate with an instrument rating. The two commenters noted that if the aircraft is not type-certificated to enable IFR operations, the flight instructor certificate with instrument rating and instrument rating in the aircraft type will not be required. In sum, NBAA and CAE recommended that the FAA should continue the long-time policy that training center instructors do not need to hold the flight instructor certificate or flight instructor certificate with instrument rating provided they hold an ATP certificate. The FAA agrees with NBAA and CAE that part 142 does not always require a flight instructor certificate or a flight instructor certificate with an instrument rating to instruct,311 and this final rule does not change the status quo expected of part 142 instructors outside of the previously discussed revisions in § 142.47(a)(5), which do not involve flight instructor certificate requirements. Specifically, this final rule continues to uphold the requirements of § 142.47, as discussed herein. In other words, if instructing in an FSTD for any curriculum, a part 142 instructor is not required to hold a flight instructor certificate. However, under § 142.47(a)(3), a training center instructor providing training in an 311 Per § 142.47 a flight instructor certificate is only required if instructing in an aircraft in flight under a part 142 training center. E:\FR\FM\21NOR2.SGM 21NOR2 92382 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations aircraft in flight must be qualified in accordance with subpart H of part 61, which includes the requirement to hold a flight instructor certificate. As with training in flight in airplanes and rotorcraft conducting at a part 142, flight training in a powered-lift in flight will require the part 142 instructor to hold a flight instructor certificate with the appropriate ratings. lotter on DSK11XQN23PROD with RULES2 H. Practical Tests 1. Practical Test Equipment and Waiver Authority Section 61.43 provides the general procedures for a practical test. The FAA recently completed a rulemaking that amended § 61.43 to incorporate the PTSs and ACSs by reference (IBR).312 The rule revised § 61.43(a)(1) to delineate successful completion of the practical test as performing the tasks specified in the areas of operation contained in the applicable ACS or PTS. As it pertains to powered-lift, the FAA incorporated six powered-lift ACSs into part 61: (1) ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4) Instrument Rating—Powered-Lift, (5) Flight Instructor for Powered-Lift Category, and (6) Flight Instructor Instrument for Powered-Lift Category. The six powered-lift ACSs specify the tasks within the given areas of operation that must be accomplished for purposes of receiving a powered-lift category rating, type rating, and/or instrument rating. Correspondingly, § 61.45 sets forth the required aircraft and equipment for a practical test. 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. However, when an applicant for a certificate or rating is unable to perform a required task due to aircraft capabilities, an appropriate limitation is placed on the applicant’s certificate or rating. This limitation ensures the pilot cannot act as PIC of an aircraft that has capabilities that are inconsistent with the limitation on the pilot’s certificate until the pilot satisfactorily demonstrates the task they have not performed. Because the FAA will require that all pilots seeking to act as PIC of a powered-lift hold a type rating on their pilot certificate for the type of poweredlift they intend to operate, no need 312 **IBR RULE CITATION** VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 exists for a limitation should the powered-lift be precluded from performing a task in an ACS. Therefore, the FAA proposed § 194.207(a) to permit an applicant to 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. This would not adversely affect safety because the type-rated pilot could not act as PIC of a different powered-lift type that may perform untested task without completing another practical test in that type of powered-lift first, thereby demonstrating proficiency on the task that had been waived on the prior practical test. As stated in the NPRM, because there are currently no type-certificated powered-lift, the FAA did not have the requisite information to determine which tasks might be deemed prohibited, unsafe, or uncapable of being performed during the aircraft certification and evaluation processes to delineate such tasks in the proposed SFAR, nor was that information available for the IBR rule in the adoption of the six powered-lift ACSs. One commenter addressed the FAA’s inability at this time to identify which tasks a powered-lift would be precluded from performing, suggesting that the FAA could address this information gap by speaking with the cadre of V–22, AW–609, V–280, F–35 and AV–8 test pilots and engineers via working groups. As discussed in section V.B. of this preamble, the U.S. Armed Forces maintains and uses some of the powered-lift referenced by the commenter in military operations. However, no surplus military poweredlift have come into civil operations through the special airworthiness certification process nor does the FAA anticipate surplus military powered-lift to enter civil operations in the near term. Additionally, military aircraft may maintain certain characteristics that are unique to U.S. Armed Forces missions but are omitted in civilian powered-lift. For example, military powered-lift are used for applications ranging from troop and supply transport to attack operations. The technology, operating characteristics, and flight control implementation in military powered-lift may not correspond to the civilian operations anticipated for FAA type certificated powered-lift that are currently in development. Therefore, the information that may be gained by an inquiry into a specific military powered-lift and their operations will likely not result in meaningful or utile insights for determining appropriate PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 tasks to use or exclude in ACS development. The FAA notes that this information continues to be unavailable to warrant making any permanent change to the final rule or the powered-lift ACSs at this time.313 The FAA maintains that, because the tasks that a powered-lift may be incapable of performing and thus require waiver, as subsequently discussed, involve a fact-specific inquiry particular to a powered-lift type, the tailored type certification and FSB processes 314 are best suited to provide such information. Powered-lift types will be evaluated under the existing FSB process, which will determine the requirements for a pilot type rating, develop training objectives for the type rating, and conduct initial training for the manufacturer’s pilots and FAA inspectors. The FSB would identify the operational limitations for the poweredlift type and ascertain what tasks in the ACS are inapplicable.315 The FAA proposed to address training and testing on tasks a powered-lift is precluded from performing in §§ 194.207(b) and (c) and 194.239(a). The FAA did not receive comments on these provisions and adopts them as proposed, as subsequently summarized. Therefore, because § 61.43(a) requires a pilot to demonstrate all tasks within the applicable ACS, the waiver authority in § 194.207(b) will account for the tasks inapplicable to a specific type of powered-lift. Waived tasks will be set forth in the limitations section of a designee’s Certificate and Letter of Authority (CLOA) specific to each type of powered-lift in which the designee is authorized to conduct a practical test. To account for the requirement that an applicant for a certificate or rating must receive and log flight training on 313 Should information become available during the pendency of the SFAR revealing a certain task or element in the ACS as inapplicable to all powered-lift, the FAA could revise the ACSs through the rulemaking process at that time. 314 The FSB is responsible for specification of minimum training, checking, currency, and type rating requirements, if necessary for U.S.certificated civil aircraft. The Board members are drawn from the FAA’s operations personnel (AED, headquarters, and Flight Standards field offices). See AC 120–53 as revised, Guidance for Conducting and Use of Flight Standardization Board Evaluations. 315 The FAA understands there may be a scenario in which the type certification and FSB processes reveal additional tasks are necessary for certain powered-lift type ratings based on the poweredlift’s unique characteristics. Should the FSBR and type certification process reveal any additional tasks that are not accounted for in the ACS but are essential to the safe operation of the specific type of powered-lift, the FAA may set forth these tasks in a type-specific appendix to the powered-lift ACSs, which would be incorporated by reference under § 61.14 and appendix A to part 61 in accordance with the Administrative Procedure Act. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the applicable areas of operation that apply to the aircraft category and class rating sought,316 § 194.207(c) will relieve an applicant for a private pilot certificate or commercial pilot certificate with a powered-lift category rating concurrently with a powered-lift type rating 317 from the requirement to receive flight training on a task specified in an area of operation if the poweredlift is not capable of performing the task, provided the FAA has issued waiver authority for the task in accordance with the SFAR. Similarly, part 141 pilot schools align their curriculum content for the issuance of a commercial pilot certificate with a powered-lift category rating with the areas of operation in part 61 via appendices to part 141. Therefore, under § 194.239(a), a part 141 pilot school seeking approval of a course in a powered-lift resulting in a private or commercial pilot certificate will be permitted to waive training on a task specified in an area of operation if the powered-lift to be used in the course is not capable of performing the task and the FAA has issued waiver authority for that task in accordance with § 194.207(b). The FAA also recognized that waived tasks may create a unique situation for those pilots seeking to serve as SIC in powered-lift operations. Section V.C. of this preamble discusses SIC considerations. lotter on DSK11XQN23PROD with RULES2 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 (on a certificate other than an ATP certificate), which would be directly applicable to powered-lift rating applicants. Specifically, § 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), 316 §§ 61.107(a), 61.127(a). FAA does not find relief is needed in the case of a person who applies for an aircraft type rating added to an ATP certificate (or a type rating concurrently completed with an ATP certificate) because § 61.157(b) requires flight training from an authorized instructor on the areas of operation that apply to the aircraft type rating. 317 The VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 an applicant who provides an aircraft that is not capable of the instrument maneuvers and procedures required on the practical test may apply for the type rating or a type rating in addition to the category rating, but the type rating will be limited to ‘‘VFR only.’’ The NPRM proposed two circumstances under which the applicant should not be required to hold or concurrently obtain an appropriate instrument rating, subsequently discussed. i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained Concurrently With a Powered-Lift Category Rating The FAA proposed, and adopts in this final rule, that all powered-lift would require a type rating to operate, as discussed in section V.A. of this preamble. Under the FAA’s current certification framework, an applicant for a powered-lift type rating would normally be required to take three practical tests concurrently: the practical tests for (1) a powered-lift type rating, (2) powered-lift category rating, and (3) an instrument-powered-lift rating because there would be no powered-lift for which a type rating is not required (i.e., allowing the pilot to obtain a powered-lift category rating or instrument rating prior to the type rating).318 Therefore, to obtain all three ratings, the applicant would be required to satisfactorily complete three practical tests concurrently. The FAA did not propose any change that would allow an applicant to apply for their initial powered-lift type rating without concurrently obtaining a powered-lift category rating. Rather, the FAA proposed in § 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 did not propose to amend § 61.63(e), which sets forth the requirements for aircraft not capable of instrument maneuvers and procedures. Therefore, if a powered-lift is not capable of performing instrument maneuvers and procedures, an applicant for a type rating in that powered-lift 318 Under § 61.63(e)(1), an applicant for a type rating or a type rating in addition to an aircraft category and/or class rating who provides an aircraft that is not capable of the instrument maneuvers and procedures required on the practical test may apply for the type rating, but the type rating will be limited to ‘‘VFR only.’’ Section 61.63(e)(1)(ii) sets forth how to remove the limitation. In this case, the applicant would only need to successfully accomplish two practical tests (e.g., the practical test for the powered-lift category rating and the practical test for a powered-lift type rating) because of the exception set forth in current § 61.63(d)(1). PO 00000 Frm 00089 Fmt 4701 Sfmt 4700 92383 may obtain a ‘‘VFR only’’ limitation in accordance with § 61.63(e). To provide flexibility consistent with that provided to applicants for an airplane or helicopter type rating,319 the FAA proposed § 194.211(b) to allow an applicant for a powered-lift type rating to take the type rating practical test independent of the practical test for the instrument-powered-lift rating. Proposed § 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 on the type rating practical test. As stated in the ATP and Type Rating for the Powered-Lift Category ACS, the applicant seeking a ‘‘VFR only’’ type rating would conduct tasks that are normally performed by reference to the instruments using visual references. Upon successful completion of the practical test for the type rating, the applicant would receive the powered-lift type rating with a ‘‘VFR only’’ limitation on their pilot certificate. The purpose of issuing the ‘‘VFR only’’ type rating to an applicant who is applying for a powered-lift type rating concurrently with a powered-lift category rating is to reduce the burden on the applicant by enabling them to take the instrument rating practical test at a later date. Because the applicant will have obtained the 3 hours of flight training in preparation for the instrument rating practical test within the 2 calendar months preceding the month of the practical test for the type rating and category rating, the FAA found it reasonable to propose § 194.211(b)(3) to require the applicant to obtain the instrument-powered-lift rating and remove the ‘‘VFR only’’ limitation for the type rating within 2 calendar months from the month in which the applicant passes the type rating practical test.320 Under 319 Under the current certification regime, a person seeking an airplane or helicopter type rating would normally already hold the required instrument rating. However, these persons could also seek to add the associated instrument rating at the same time as a type rating if they didn’t currently hold the associated instrument rating. In the case of an initial powered-lift certification the applicant would need to take the private or commercial test, the instrument rating test and the type rating test all at once. The SFAR removes the requirement to take all three tests at once, allowing the instrument rating to be taken at a later date. 320 The FAA notes that under current § 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 E:\FR\FM\21NOR2.SGM Continued 21NOR2 92384 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 § 194.211(b)(5), if a person does not remove the limitation within 2 calendar months from the month in which the person completed the type rating practical test, then the powered-lift type rating for which the ‘‘VFR only’’ limitation applies will become invalid for use until the person removes the limitation in accordance with § 194.211(b)(4) (i.e., the person may no longer exercise the privileges associated with the type rating and the ‘‘VFR only’’ limitation). To remove the ‘‘VFR only’’ limitation, proposed § 194.211(b)(4) would require the pilot to: (1) pass an instrument rating practical test in a powered-lift in actual or simulated conditions, and (2) pass a practical test in the powered-lift for which the ‘‘VFR only’’ limitation applies on the appropriate areas of operation listed in § 61.157(e) that consist of performing instrument maneuvers and procedures in actual or simulated instrument conditions. The FAA recognized that there would exist several overlapping tasks required for an instrument rating and the instrument tasks required for a type rating in order to remove the ‘‘VFR only’’ limitation. Therefore, proposed § 194.211(d) permits the pilot to perform the task a single time provided it is performed to the highest standard required for the task.321 The proposed language in § 194.211(b)(4) concerning the completion of the type rating practical test differs slightly from the language in § 61.63(e)(1)(ii)(B), in that it permits a person to remove a ‘‘VFR only’’ limitation for that aircraft type after the applicant passes a practical test in that type of aircraft on the appropriate instrument maneuvers and procedures in § 61.157. The FAA’s proposed language in § 194.211(b)(4) clarifies that the cross-reference to § 61.157 refers to the areas of operation of which the practical test for a type rating is commercial pilot from carrying passengers for hire in powered-lift on cross-country flights in excess of 50 nautical miles or at night. 321 For example, a person would be required to perform precision approach procedures on both the instrument rating practical test and the type rating practical test. The draft Instrument Rating— Powered-Lift ACS requires the applicant to perform the precision approach procedure and to maintain a stabilized final approach from the final approach fix (FAF) to DA/DH allowing no more than 3⁄4-scale deflection of either the vertical or lateral guidance indications and maintain the desired airspeed ±10 knots. The draft ATP or Type Rating Powered-Lift Category ACS also requires the applicant to perform the precision approach procedure, but to a higher standard (i.e., the applicant must maintain a stabilized final approach from the Final Approach Fix (FAF) to DA/DH allowing no more than 1⁄4-scale deflection of either the vertical or lateral guidance indications and maintain the desired airspeed ±5 knots). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 comprised (i.e., specifically the areas of operation listed in § 61.157(e)(3)).322 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 powered-lift type rating, which is a component of the powered-lift type rating practical test, must be completed in actual or simulated instrument conditions.323 To note, the FAA did not propose to amend § 61.63(d)(1). Rather, § 194.211 simply adds an option in the SFAR for applicants to take the instrument rating practical test separate from the practical tests for a powered-lift type rating and a powered-lift category rating. Thus, applicants for a powered-lift type rating would still have the option to take all three practical tests concurrently pursuant to § 61.63(d)(1). The FAA received several comments on this proposed framework. GAMA,324 CAE, Eve, and a Joint letter from AOPA, GAMA, HAI, NATA, NBAA, and VFS largely opposed the FAA’s proposal, noting that the SFAR effectively creates a powered-lift instrument rating requirement by requiring the ‘‘VFR Only’’ limitation to be removed within 2 calendar months. Although CAE, Eve, and the joint letter commenters generally supported the option for a private pilot to retain the 322 The areas of operation for a person seeking a powered-lift type rating are contained in § 61.157(e). A person who holds a type rating with a ‘‘VFR only’’ limitation is required to pass the portion of the type rating practical test that includes the instrument maneuvers and procedures (e.g., the portion of the practical test that was not previously completed). Therefore, only certain areas of operation listed in § 61.157(e) are appropriate. The ATP and Type Rating for Powered-Lift Category ACS specifies which areas of operation and which tasks must be completed for the removal of a ‘‘VFR only’’ limitation. 323 See also § 61.157(b)(3). 324 GAMA formally resubmitted a letter sent to the FAA on July 21, 2022, where GAMA provided recommendations for the FAA to consider. In reference to existing § 61.3(e)(1) through (4), GAMA suggested that an appropriate instrument rating should include either an airplane or helicopter instrument rating plus type specific instrument training. Due to the wide variety of aircraft within the powered-lift category, GAMA recommended that type ratings should have a VFR only operating limitation unless the approved course of training is certified by the authority to include IFR operations and VFR On-top. A VFR only operating limitation should be attached to the applicable powered-lift type rating. Recent instrument flight experience must be maintained in the type. GAMA also recommended the exact same reasoning for allowing for a VFR type and noted §§ 61.57 and 61.58. See FAA–2023–1275–0086 Attachment GAMA23–45A1-Recommendations-Powered-LiftSFAR–220721. PO 00000 Frm 00090 Fmt 4701 Sfmt 4700 VFR only limitation, they specifically opposed the requirement for a pilot to remove this rating in order to continue to exercise commercial pilot privileges, citing that proposal was inconsistent for pilots exercising the privileges of a private or commercial pilot certificate if the pilot were not operating under IFR rules. To support their position, these commenters noted that certain helicopter pilots conducting VFR only operations under part 135 are not required to hold an instrument rating in accordance with § 135.243(b)(4). CAE and the joint commenters drew parallels that because powered-lift have vertical takeoff and landing capabilities, they should also not be required to have an instrument rating. These commenters argued that a type rating practical test would also mitigate any concerns because the ATP ACS would ensure that the pilot would have enough instrument training and proficiency specific to the powered-lift type in which the rating is sought. CAE specifically argued that a separate instrument-powered-lift rating is unnecessary since many instrument skills and knowledge items are agnostic to the aircraft category in which they take place. CAE also argued that the safety objective for VFR only items is to exit inadvertent IMC conditions in which an airplane or helicopter instrument rating would be sufficient to prepare a pilot for in a powered-lift. They also argued that under current regulations, an airplane instrument rating serves as an instrument rating for glider pilots in accordance with § 61.3(e)(3). L3Harris echoed this sentiment and recommended the FAA allow for an instrument rating held in any category to be sufficient so long as a pilot holds an airplane category rating with instrument-airplane or instrumenthelicopter rating. FSI recommended the FAA delete the VFR only requirement for a commercial pilot seeking a powered-lift rating because it is too restrictive and would not allow the pilot to build time and experience in the aircraft. They further suggested that the pilot would continue to build valid experience while operating in VFR conditions. First, the FAA notes that currently a private pilot that receives a type rating on an airplane that requires a type rating (large or turbojet powered), for example, must either hold an instrument rating or concurrently receive an instrument rating at the time of the practical test in accordance with § 61.63(d). Additionally, if the aircraft is not capable of instrument maneuvers and procedures the applicant for a type rating may be issued a VFR only E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 limitation in accordance with § 61.63(e). The FAA also contends that the proposed regulation aligns with the status quo for private pilots expected to receive a type rating and notes that § 194.209(c) allows for a private pilot to indefinitely hold a VFR only rating on his or her pilot certificate. The FAA disagrees that allowing for a pilot seeking to operate a powered-lift during commercial revenue operations to indefinitely 325 hold a VFR only limitation would be in the interest of safety. Furthermore, as discussed in section V.J.5.ii. of this preamble, the FAA has determined that an instrument rating is necessary in VFR powered-lift operations to ensure that the pilot has the necessary knowledge and skills to safely navigate and exit an emergency involving an inadvertent instrument meteorological condition (IIMC). In general, many accidents result when pilots who lack the necessary skills or equipment to fly in marginal VMC or IMC attempt flight without outside references. When considering the capabilities of a powered-lift, the FAA notes that, similar to a helicopter, a powered-lift has the ability to conduct off airport operations. Therefore, a pilot operating a powered-lift would encounter the similar situations leading to IIMC when operating a powered-lift in off-airport operations. As it has previously found with helicopter ambulance operations,326 the FAA has determined that a pilot operating a powered-lift who receives an instrument rating is better equipped to maintain situational awareness and maneuver a powered-lift into a safe environment when encountering IIMC. Moreover, as further discussed in section V.L. of this preamble, the FAA noted the cruise profile and its similarities in speed and operation to an airplane. Further, the FAA recognized that although helicopter operations are permitted with pilots who do not hold an instrument rating, helicopters that experience IIMC account for 15% of fatal accidents behind inflight loss of control and low 325 For powered-lift that are not large aircraft or turbojet-powered, the FAA intended to seek comment on whether it should consider allowing a pilot after the 2 calendar months had elapsed to continue to exercise commercial pilot privileges. Although the FAA errantly referenced private privileges in this solicitation for comment, the commenters widely commented on what the FAA intended to seek comment on and thoroughly commented on whether the FAA should allow for the limitation to be removed, with emphasis on allowing for the holder of a commercial pilot certificate to indefinitely hold a VFR only rating during commercial operations. 326 79 FR 9932, 9957 (Feb. 21, 2014), adding § 135.603 requiring an instrument rating for helicopter ambulance pilots. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 altitude operations object strikes.327 High profile accidents involving Hawaii Air Tour operations 328 have most recently resulted in many recommendations made by the NTSB to the FAA and the USHST, and the FAA is considering future rulemaking in this area.329 Notably, because the requirement to hold an instrument rating or concurrently obtain one applies to aircraft requiring type ratings, it does not apply to helicopters that do not require a type rating. However, all powered-lift will require a type rating and, as such, the pilot will be required to hold an instrument-powered-lift rating unless, as previously stated, the aircraft is not capable of instrument maneuvers and procedures. The FAA disagrees with commenters that suggested that holding any instrument rating should be sufficient and that an instrument rating specific to powered-lift is unnecessary. For reasons similar to those discussed in section V.F.2. of this preamble regarding the necessity of a powered-lift category rating, the FAA finds that an instrument rating specific to powered-lift category is necessary to ensure the applicant is sufficiently qualified to perform instrument flight procedures in a powered-lift. 327 According to the U.S. Helicopter Safety Team (USHST) data, the count of U.S. fatal helicopter accidents by calendar year where due to IIMC was assigned as the single ‘‘priority’’ occurrence category in the event. For context, in the 10 years from 2009–2018, IIMC was the 3rd highest occurrence category, accounting for about 15% of the U.S. fatal helicopter accidents. Among all occurrence categories, it only trailed (1) Loss of Control—Inflight (22%) and (2) Low Altitude Operations Object Strikes (19%). 328 Kailua Neighborhood Board commented to the rule regarding concerns with tour helicopters and other small aircraft increasing operations over densely populated areas causing concern for public safety. The neighborhood board urged the FAA to consider NTSB recommendations for Air Tour Companies operating under 14 CFR part 135. While the FAA finds global changes to air tours out of scope of this rulemaking, the FAA does note that, as described in this section, pilots operating air tours in powered-lift will be required to hold an instrument rating as part of this SFAR. 329 The USHST is a volunteer group of US government and industry stakeholders formed in 2013 to improve the safety of civil helicopter operations. Its efforts include analyzing NTSB helicopter accident data, assigning a single occurrence category to best characterize each event, and using the results of its analysis to prioritize intervention strategies to reduce fatal accidents (USHST 2017). The USHST’s most recent analysis included data from 198 fatal helicopter accidents between 2009 and 2018. Although this review ranked inadvertent flight into IMC (also referred to internationally as unintended flight into IMC) as the third-most common category, the USHST noted that inadvertent flight into IMC may be the precursor to accidents involving in-flight loss of control (which ranked first), low-altitude operations (which ranked second), or CFIT (which ranked fifth) (USHST 2021b). During a previous review (which included data between 2009 and 2013), inadvertent flight into IMC ranked second (USHST 2017). PO 00000 Frm 00091 Fmt 4701 Sfmt 4700 92385 Section 194.215(a) requires persons seeking to meet the alternate requirements for a powered-lift category rating to hold an instrument-airplane or -helicopter rating ensuring these persons have experience operating an airplane or helicopter under IFR and have demonstrated proficiency on the instrument rating practical test. These prerequisites for the alternate pathway ensure that the initial cadre of poweredlift pilots have a solid foundational skill set and extensive experience prior to adding powered-lift ratings to their commercial pilot certificate. While these prerequisites ensure the foundational skills and extensive experience, holding an instrument-airplane rating or an instrument-helicopter rating does not ensure that an applicant seeking to meet the alternate pathway requirements has the necessary skills to proficiently accomplish instrument procedures in a powered-lift specifically. While there is some overlap in the practical tests for instrument-airplane ratings and instrument-helicopter ratings, there are also some significant differences that would result in a ‘‘gap’’ in the knowledge, skills and experience of pilot operating a powered-lift if a powered-lift pilot were permitted to hold ‘‘any’’ instrument rating. For example, an airplane pilot may be required to perform a circling approach to landing (i.e., the pilot is not approaching the runway to which they were performing the instrument approach straight on). As a result, that pilot is required to fly the instrument procedures to higher minimums (visibility and cloud clearance) because the maneuver must be performed with reference to the airport environment and increases pilot workload. A helicopter pilot is not tested on this maneuver on the instrument rating test because they are not subject to the same situation of high-speed approaches, and helicopters do not need a runway as they are capable of landing on the ramp. If a powered-lift pilot held only an instrument-helicopter rating, this would result in a gap in experience and proficiency in instrument approaches for powered-lift which are capable of runway approaches. As another example, unusual attitude recoveries are unique to each category of aircraft and are tested in each when an applicant seeks an instrument rating in a new category other than what is held on their pilot certificate. Nose-high attitudes present the pilot with a decreasing airspeed and nose-high attitude which if not corrected could result in adverse conditions or even loss of control in instrument conditions. This situation requires different E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92386 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations instrument procedures to be performed depending on the aircraft being operated. In an airplane, the pilot must apply forward elevator pressure to lower the nose and prevent a stall while simultaneously increasing power and leveling the wings. If this airplane recovery procedure were attempted in a helicopter experiencing nose-high attitude, it would place the helicopter in a potentially hazardous situation. Applying abrupt forward cyclic to correct the attitude without consideration could put the helicopter in a Low G condition which in certain helicopter rotor systems results in a catastrophic mast bumping situation that is often deadly. In a helicopter, the recovery procedure for a nose high unusual attitude requires the pilot to correct the bank and pitch simultaneously while avoiding applying abrupt forward cyclic to correct the attitude. Since a poweredlift is a hybrid aircraft, an unusual attitude recovery might look like the recovery in an airplane; however, it might also look like an unusual attitude recovery in a helicopter. Alternatively, it may look completely different depending on the powered-lift’s capabilities. Given this, the practical test for an instrument-powered-lift rating encompasses the necessary tasks specific to a powered-lifts operational capabilities and requires a pilot operating a powered-lift under IFR to demonstrate the proficiency in instrument procedures applicable to powered-lift. Moreover, the FAA recognizes that a person would encounter several overlapping tasks when taking the powered-lift type rating practical test and the instrumentpowered-lift rating practical test concurrently. Given this, as discussed, the FAA permits in 194.211(d) an applicant person to perform overlapping tasks on the powered-lift type rating practical test and the instrumentpowered-lift rating practical test a single time provided the task is performed to the highest standard required for the task. Therefore, when the tests are taken concurrently, there are minimal extra tasks that an applicant must perform. Additionally, the FAA disagrees with commenters suggesting FAA had precedent in recognizing instrument ratings for another category because of the requirements of § 61.3(e)(3) (permitting a person to act as PIC of a glider under IFR or in weather conditions less than the minimums prescribed for VFR flight if the pilot holds, among other requirements, an instrument-airplane rating). The FAA proposed a ‘‘glider cloud-flying rating’’ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 in 1969 330 because advocate groups requested the FAA to more easily facilitate cloud flights by glider pilots. The FAA proffered that the operation of a glider within the clouds differs from instrument operations in powered aircraft and held that ‘‘glider cloudflying’’ primarily only utilized the vertical components associated with a cloud formation to sustain flight within the clouds or to gain altitude for the continuance of a VFR gliding flight. The FAA noted that navigation by reference to instruments or radios aids would not normally be involved. The FAA further stipulated that, although it was trying to relieve a perceived burden by requiring a ‘‘full instrument rating,’’ instrument operations in powered aircraft were far more complex than what glider cloud flying would entail. The glider pilot would only be concerned with attitude and speed control, whereas the pilot of a powered aircraft is concerned with other matters such as navigation, position reporting, altitude control, power settings, holding procedures, instrument letdown, and instrument approaches. Although the FAA proposed these requirements, the FAA later withdrew the proposal.331 The FAA disagrees that comparing credit of an instrument rating in the glider scenario is a basis for granting relief from a powered-lift instrument rating. A powered-lift is a powered aircraft and would not be utilizing this approach to gain altitude to continue on to VFR gliding flight. An instrument rating would be sufficient in the circumstances currently permitted around § 61.3(e)(3) but not those in which commenters were stipulating that were applicable to powered-lift. Another commenter suggested that the requirement to remove the VFR only restriction within 2 calendar months is too restrictive. The FAA disagrees with this as normally an applicant would be required to meet all experience requirements and receive the instrument rating simultaneously with the type rating. The purpose of allowing the two months to acquire the instrument rating is to provide some relief for the pilot applicant so they do not have to take an initial category, instrument, and type rating practical test at the same time. Eve suggested that the requirement to remove the VFR limitation should not be applicable to commercial pilots and that they should be able to operate powered-lift VFR only. As noted in section V.H.2.i of this preamble, the FAA provided this relief to allow an applicant to accomplish the 330 34 331 37 PO 00000 FR 6484. FR 14239. Frm 00092 Fmt 4701 Sfmt 4700 powered-lift instrument rating at a later date. As discussed in section V.A. of this preamble, all powered-lift will require a type rating and therefore be subject to holding an instrument rating. In limited circumstances where the powered-lift is not capable of instrument maneuvers and procedures, the FAA notes that, as with other categories of aircraft, § 61.63(e) does not require an instrument rating when a type rating is sought in an aircraft that is not capable of instrument maneuvers and procedures. If an applicant uses a powered-lift that is not capable of instrument maneuvers and procedures for a practical test, then that applicant will receive a VFR only limitation that does not need to be removed as specified in § 61.63(e).332 Eve further suggested an amendment to § 61.63 that would only require those who are applying for a type rating in a turbojet powered or large aircraft to hold an instrument rating.333 The FAA disagrees with this suggested change; an aircraft that requires a type rating and is not turbojet powered or large but is complex and fully capable of operating under IFR should require a pilot who operates this aircraft to hold an instrument rating for that category of aircraft to ensure a standard level of competence and safety across all typerated aircraft operating in the NAS. Eve commented further that, because some aircraft will be limited in range and endurance, a powered-lift may be limited in such a way that it wouldn’t be practically or operationally capable of instrument maneuvers or procedures required on the practical test even though it may be equipped to do so. Eve suggested a change to § 61.64(f)(1) to alter the requirements to complete an instrument approach only to those aircraft capable of instrument flight. The FAA finds that this concept is contradictory. Specifically, Eve details that the aircraft is equipped for instrument flight but limited to VFR only by the AFM. The aircraft’s operational limitations in the AFM are 332 The FAA notes that if a powered-lift is equipped according to § 91.205(d), it would be capable of performing instrument maneuvers and procedures required under the instrument practical test, even if the powered-lift is not certified for IFR or certain IFR-specific functions are disabled. 333 Although the FAA is taking a similar approach in § 142.47 to delineate changes similar to the commenter’s suggestion, the FAA is not taking that same approach here in the interest of safety. If an applicant was receiving instruction in an aircraft, they would need to hold pilot certificates in accordance with part 61. Section 142.47 narrowly applies to personnel giving instruction in a simulator under different parameters. The FAA chose not to alter according to Eve’s suggestion and continue with the current regulatory framework provided for in § 61.63(d)(1). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 not pertinent to the practical test. For example, a Robinson R–44 helicopter can be equipped with the necessary avionics to successfully complete an instrument rating practical test. However, this aircraft is not IFRcertified and may not be operated under IFR or in weather conditions less than the minimums prescribed for VFR (i.e., IMC). This situation is no different for a powered-lift which is equipped for instrument flight but operationally limited. The practical test could be completed, and an instrument rating issued in the aircraft even though it could never be operated under IFR. Additionally, the FAA notes that many powered-lift will seek to operate on expedited departures in which the frequency of departure dictates a ‘‘departure procedure’’ to ensure separation of aircraft. This skill is congruent with that required of a pilot who holds an instrument rating and is capable of conducting these maneuvers with proficiency. Finally, Archer requested the FAA clarify what ‘‘not capable of instrument maneuvers and procedures means.’’ Section 61.45(d) states: ‘‘[a]n applicant for a practical test that involves maneuvering an aircraft solely by reference to instruments must furnish: (1) equipment on board the aircraft that permits the applicant to pass the areas of operation that apply to the rating sought; and (2) a device that prevents the applicant from having visual reference outside the aircraft, but does not prevent the examiner from having visual reference outside the aircraft, and is otherwise acceptable to the Administrator.’’ For further clarification an applicant would then review the required approaches and maneuvers required by the applicable ACS for the instrument rating sought. For example, the Instrument Rating Powered-Lift ACS requires the applicant to complete two different non-precision approaches and a precision approach. If the aircraft does not have the equipment installed to conduct those approaches, it would not meet the requirements. It would be impossible to codify in the regulation the exact equipment necessary to complete an instrument rating practical test due to the various avionics installations and broad number of approach types available. ii. Obtaining Powered-Lift Type Ratings With ‘‘VFR Only’’ Limitations on a Private Pilot Certificate In light of the current regulatory framework for private pilots with airplane and helicopter ratings, the limited privileges associated with the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 private pilot certificate, and the underlying reasons for requiring type ratings for all powered-lift, the FAA proposed 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 maximum certificated takeoff weight and not turbojet-powered would not be required to remove the ‘‘VFR only’’ limitation within the 2-calendar month time period (or any specific time frame).334 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 proposed § 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 did not propose to require private pilots to remove ‘‘VFR only’’ limitations when those limitations apply to powered-lift that are not large aircraft and not turbojetpowered, the FAA proposed rule language that would provide these private pilots with the option to do so. A private pilot would remove the ‘‘VFR only’’ limitation in the same manner as discussed in this section (i.e., through proposed § 194.211(b)(4)). Outside of comments pertaining to the VFR Only limitation as already addressed, the FAA did not receive comments on § 194.211, the FAA adopts the section as proposed. iii. Clarification of Requirements for a Practical Test in an Aircraft That Requires a Type Rating The FAA proposed to clarify certain regulations to clearly communicate that a person may not furnish an aircraft that 334 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. 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. PO 00000 Frm 00093 Fmt 4701 Sfmt 4700 92387 requires a type rating (or an FSTD representing an aircraft requiring a type rating) for the practical test without meeting the eligibility requirements for a type rating 335 and applying for a type rating (unless the person already holds the type rating).336 These amendments prevent situations where applicants seek category or class ratings in an aircraft that requires a type rating (or corresponding FSTD) without fully demonstrating mastery of the aircraft furnished for the practical test. The proposal included amendments in part 61 to §§ 61.39(a)(3), 61.43(g), and 61.47(d). First, the FAA proposed to revise paragraph § 61.39(a)(3), which requires a person applying for a practical test to meet the training and aeronautical experience for the certificate or rating sought through the creation of two subparagraphs: (i) and (ii). Section 61.39(a)(3)(i) will retain the language in paragraph (a)(3). New subparagraph (a)(3)(ii) would require an applicant seeking an initial category and class rating, if a class rating is required, on a private, commercial, or ATP certificate in an aircraft that requires a type rating (or an FSTD that represents an aircraft that requires a type rating) to either meet the eligibility requirements for a type rating in that aircraft or already hold that type rating on the person’s pilot certificate. In other words, regardless of whether an applicant tests in an aircraft or tests in an FSTD, if the applicant furnishes an aircraft (or FSTD representing an aircraft) that requires a type rating for the practical test, then the applicant must be eligible for the type rating and apply for the type rating practical test unless the applicant already holds the type rating. Second, the FAA proposed new § 61.43(g) to clarify that a practical test for an ATP certificate with category and class ratings (if a class rating is required) in an aircraft that requires a type rating, or in a corresponding FSTD, includes the same tasks and maneuvers as a practical test for a type rating. This proposed change would foreclose the concept that a lesser test can be administered for category and class ratings at the ATP certificate level. Third, the FAA proposed new § 61.47(d) to restrict an examiner from 335 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. §§ 61.63(d)(2) and 61.157(b). The detailed tasks associated with each area of operation are provided in the applicable ATP and Type Rating ACS. 336 The FAA inadvertently proposed regulatory language that would have revised § 61.64(a)(1). This proposed language is not adopted in the final rule as the proposal was erroneous. E:\FR\FM\21NOR2.SGM 21NOR2 92388 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations conducting a practical test for the issuance of an initial category and class rating (if a class rating is required) in an aircraft that requires a type rating (or corresponding FSTD) to an applicant who does not already have the type rating unless, first, the applicant meets the eligibility requirements for a type rating 337 and, second, the practical test contains the tasks for a type rating specified for the areas of operation at the ATP certificate level. The FAA also proposed to revise the heading of § 61.47 to more accurately describe the regulations set forth in the section. The NPRM specifically noted that, in the case of an airplane or rotorcraft, an applicant retains the option of furnishing an aircraft that does not require a type rating if the applicant seeks only category and class ratings. For powered-lift, which as proposed would all require type ratings, an applicant would be foreclosed from seeking a powered-lift category rating without concurrently obtaining a type rating. The FAA received one clarifying question pertaining to the trio of amendments. AIR VEV requested clarification regarding the language in § 61.39 as to how it would be possible to hold a type rating prior to issuance of an initial category. The FAA notes this is not currently permitted through part 194 or other regulations. If a person seeks a type rating, it must be obtained concurrently with the associated category for which the type rating is applied.338 Therefore, an applicant for a type rating in a powered-lift will need to concurrently obtain the powered-lift category. The FAA proposed the verbiage in § 61.39(a)(3)(ii) to address a situation where a person would hold, for example, a commercial pilot certificate with a powered-lift category rating and type rating. The person then seeks an ATP certificate with a powered-lift category rating. The person would already hold the type rating on their commercial pilot certificate, which would meet the latter half of the regulation in question. lotter on DSK11XQN23PROD with RULES2 I. Miscellaneous Amendments 1. Aeronautical Experience for Private Pilot Applicants (§ 61.109(e)(5)) Section 61.109 provides the aeronautical experience requirements an applicant must meet to be eligible for a private pilot certificate specific to the respective category and class, if 337 The FAA notes that an examiner cannot conduct a practical test if the applicant does not meet the eligibility requirements for that certificate or rating. 338 § 61.63(d). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 applicable, rating sought. For a powered-lift category rating, an applicant must meet the requirements in § 61.109(e), which includes 10 hours of solo flight time in an airplane or a powered-lift.339 However, in light of the different operating capabilities of airplanes compared to powered-lift, the FAA concluded that the skills acquired during solo flight time in an airplane are not interchangeable with the skills acquired during solo flight time in a powered-lift, which are necessary to obtain proficiency.340 Therefore, the FAA proposed to amend § 61.109(e)(5) to require an applicant for a private pilot certificate with a powered-lift category rating to obtain 10 hours of solo flight time specifically in a powered-lift. In addition to providing an adequate level of safety, requiring the applicant to obtain solo flight time in the category of aircraft for which the rating is sought would ensure consistency with the aeronautical experience requirements in § 61.109 that apply to persons seeking airplane and helicopter ratings. The FAA adopts the revision to § 61.109(e)(5) as proposed and responds to comments in the following sections. First, HAI generally expressed that 10 hours of solo time in each model of powered-lift is problematic for practical reasons and time should be allowed to be logged in a helicopter. The FAA notes that each PIC of a powered-lift must, as adopted by this final rule, have a type rating on their certificate, which will require training in the specific type of powered-lift the PIC seeks to operate. However, § 61.109(e) sets forth the requirements for a private pilot certificate with a powered-lift category rating. Neither the current regulations nor the regulations as adopted by this final rule require 10 hours of solo time in each model of powered-lift. Rather, § 61.109(e) will simply require that an applicant for a private pilot certificate must have 10 hours of solo flight time in a powered-lift. This requirement broadly references powered-lift as a category of aircraft and does not narrowly scope the 10 hours to a specific type of powered-lift. The same concept applies to the requirements for airplanes and helicopters. The 10 hours of solo time for airplane single-engine and helicopter ratings by § 61.109(a) and (c) must be completed in the category 339 See § 61.109(e)(5). example, when flying an airplane, the applicant will not encounter the vertical take-off and landing characteristics fundamental to a powered-lift (e.g., aerodynamics events such as effective translational lift and transverse flow effect that are specific to a rotor system transitioning from hovering to forward flight). 340 For PO 00000 Frm 00094 Fmt 4701 Sfmt 4700 and class of aircraft for which the rating is sought, and, similarly, the 10 hours of solo flight time for an airplane multiengine rating by § 61.109(b) must be completed in any airplane; these flight time requirements are not specific to the model of aircraft the pilot seeks to operate. Next, L3Harris stated that § 61.109(e)(5) should allow for a reduction in solo time for number of flights made, such as two flights equaling one hour. AIR VEV, similarly, generally suggested that the required aeronautical experience in § 61.109(e) combine flight hours and total flights, similar to aeronautical experience requirements in the glider category. Currently, the only provisions in part 61 that permit a certain number of flights to be substituted for hours exist in § 61.56 and § 61.159.341 For the same reasons as discussed at length in section V.F. of this preamble, the FAA declines at this time to permit this kind of substitution for a commercial pilot certificate with a powered-lift category rating. Additionally, the substitution in § 61.56(b) and aeronautical experience requirements as it applies to gliders are also not applicable to remedy the powered-lift airman certification challenges. First, the substitution of training flights as set forth in § 61.56(b) is only applicable in the case of a glider flight review, after a person has obtained the appropriate certificates and ratings. Additionally, glider flights cannot be predicted to be a certain length, as they are unpowered and dependent upon winds, convection, and other items that rely on certain extraneous factors (e.g., towed to altitude by a powered aircraft for flights to occur). Therefore, the rule allows the substitution of numbers of flights to equate for an hour of flight time due to the unpredictability of the length of glider flights. The required 10 hours is a minimal time crucial to ensure an applicant for private pilot certificate with powered-lift ratings is capable of operating the powered-lift, especially considering the private pilot certificate is traditionally the first and foundational building block certificate in the airman certification framework. 341 Specifically, under § 61.56(b), glider pilots may substitute a minimum of three instructional flights in a glider flight review with certain conditions in lieu of the one hour of flight training required for a flight review under § 61.56(a). Additionally, under § 61.159(b), when seeking an ATP certificate with an airplane category rating, a person who has performed at least 20 night takeoffs and landings to a full stop by substituting each additional night takeoff and landing to a full stop for 1 hour of night flight time to meet the requirement of § 61.159(a)(2) (100 hours of night flight time). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Finally, one individual stated that the proposed rule did not mention ‘‘Settling with Power’’ or ‘‘Vortex Ring State.’’ The commenter stated these aerodynamic conditions should be stressed with powered-lift pilots, primarily non-helicopter pilots. The FAA agrees that settling with power and vortex ring state are conditions essential to a pilot’s powered-lift training and did not intend to exclude their significance in the examples of vital powered-lift piloting conditions. However, § 61.109 does not prescribe specific aeronautical experience tasks or areas of operation. Instead, the powered-lift ACSs, which set forth the aeronautical knowledge, risk management, and flight proficiency standards for certification, include these conditions on the practical test.342 Because an applicant for a certificate or rating must perform the tasks specified in the applicable ACS,343 it follows a pilot and instructor would ensure the receipt of training on these conditions (regardless of any previously held certificate). In fact, for most certificates and ratings, an applicant must obtain an endorsement from a flight instructor certifying that the applicant is prepared for the practical test.344 As such, the flight instructor must be confident that the applicant can successfully perform all the tasks and maneuvers on the practical test. lotter on DSK11XQN23PROD with RULES2 2. Removal of §§ 61.63(h) and 61.165(g) The FAA proposed to remove certain paragraphs pertaining to category and class ratings for the operation of an aircraft with an experimental certificate. To ensure that pilots operating under regulations before a 2004 final rule change 345 requiring appropriate category and class ratings complied with the revised provisions, the FAA 342 See Area of Operation XI, Emergency Operations, Task D. Additionally, these conditions are included in the risk management items in Area of Operation V (Takeoffs, Landings, and GoArounds), and VI (Performance Maneuvers). 343 See § 61.43(a). 344 Section 61.39(a)(6) requires that the applicant have an endorsement in the applicant’s logbook certifying that they have received and logged training time within 2 calendar months preceding the month of application in preparation of the practical test. 345 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. 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 (Aug. 21, 2009). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 added §§ 61.63(k) and 61.165(f), which are currently situated as §§ 61.63(h) and 61.165(g).346 These provisions set forth the requirements to apply for a category and class rating limited to a specific make and model of experimental aircraft. Among other requirements, a person must have logged 5 hours of flight time while acting as PIC in the same category, class, make, and model of aircraft between September 1, 2004, and August 31, 2005. After more than 15 years since initial codification, the FAA anticipated that individuals who were operating under the pre-2004 requirements have already used §§ 61.63(h) and 61.165(g) to obtain a limited category and class rating. As a result, the FAA proposed to remove §§ 61.63(h) and 61.165(g). The FAA received one comment on this proposed removal. FlightSafety International opposed removal of § 61.63(h), stating that removal would reduce flexibility for the FAA, pilots, and OEMs because it will not allow the new powered-lift pilot to obtain an experimental aircraft type rating. The FAA disagrees that retaining these requirements would provide flexibility in new powered-lift pilots obtaining an experimental aircraft type rating. The requirements listed in current §§ 61.63(h) and 61.165(f) are only applicable in very limited circumstances because the 5 hours of flight time required must have been logged between September 1, 2004, and August 31, 2005, to ensure that the pilots who were previously operating without a category and class rating under the pre-2004 regulations could continue operations safely (rather than requiring the full requirements for a category and class rating to those pilots). Therefore, these provisions were intended to provide relief to a group of pilots operating two decades ago and would be largely inapplicable to powered-lift pilots today. Section V.A. of this preamble provides additional discussion about experimental certificates and the use of operating limitations to require pilots to hold category and class ratings for all experimental aircraft and additional authorizations for certain experimental aircraft even when no passengers are carried on board. In the low likelihood that a poweredlift pilot did use these provisions and log time during the prescribed time period, the FAA provided notice in the 346 These paragraphs mirror each other, differentiated only by the applicability based on certificate level. Section 61.63 applies to those persons holding a recreational, private, or commercial pilot certificate; § 61.165(g) applies to those persons holding an ATP certificate. PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 92389 NPRM that these paragraphs would be removed upon the effective date of the final rule. Therefore, any certificate holders that have not yet obtained a limited category and class rating under §§ 61.63(h) and 61.165(g), but wish to do so, would have until January 21, 2025 to utilize the provisions. Therefore, the FAA adopts the removal of §§ 61.63(h) and 61.165(g) as proposed. 3. ATP Privileges and Limitations (§ 61.167) Section 61.167 prescribes the privileges and limitations for an ATP certificate holder, including those scenarios when an ATP certificate holder may instruct other pilots. Currently, this privilege only applies to ATP certificate holders who have met, in pertinent part, the aeronautical experience requirements of § 61.159 (aeronautical experience requirements for an airplane category rating) and § 61.161 (aeronautical experience requirements for a rotorcraft category and helicopter class rating). The FAA proposed to amend § 61.167(a)(2) to broaden the privileges to include applicability to certificate holders who have met the aeronautical experience requirements in § 61.163 (i.e., persons with an ATP certificate with a poweredlift category rating) to ensure that persons who obtain an ATP certificate with the appropriate powered-lift ratings may instruct other pilots in air transportation service in powered-lift, consistent with what is permitted for persons who hold an ATP certificate with either airplane or helicopter ratings. The FAA noted that, under proposed § 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). The FAA received comments specific to ATP certificates with a powered-lift category rating, however, these comments are addressed in other sections of this preamble. Comments suggesting relief to the aeronautical experience requirements for an ATP certificate with a powered-lift category rating are addressed in section V.I.3 of this preamble. Comments specific to the flight training privileges specific to an ATP certificate with a powered-lift category rating under proposed § 194.205 are discussed in section V.G.1.iv of this preamble. The FAA did not receive comments pertaining to the expansion of privileges to include persons with an ATP certificate with a powered-lift category rating in E:\FR\FM\21NOR2.SGM 21NOR2 92390 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 61.167(a)(2) and adopts the provision as proposed. lotter on DSK11XQN23PROD with RULES2 4. Second-in-Command Time in Part 135 Operations Currently, §§ 61.159 and 61.161 allow a pilot to credit SIC time logged under an SIC professional development program (PDP) toward certain flight time requirements for an ATP certificate with an airplane category or a rotorcraft category and helicopter class rating.347 The FAA proposed to amend § 61.163 to add paragraph (c) to allow SIC time logged under an SIC PDP to be counted toward the total time as a pilot required by § 61.163(a) and the specific flight time requirements for ATP certification set forth in § 61.163(a)(1), (a)(2), and (a)(4) (e.g., cross-country time, night flight time, and instrument flight time). A person may not credit the SIC time logged under an SIC PDP toward the powered-lift-specific flight time requirements of § 61.163(a)(3) because the aircraft operated under an approved SIC PDP must be a multiengine airplane or a single-engine turbine-powered airplane. Rather, the proposal would align the logging of SIC flight time acquired under an SIC PDP toward an ATP certificate with powered-lift category rating with that as permitted for an ATP certificate with an airplane category rating or a rotorcraft category and helicopter class rating. The FAA noted that ICAO currently has a standard for logging flight time to meet the standards for certificates and ratings in aircraft other than poweredlift. ICAO has recommended practices for logging time in powered-lift that are not yet standards but mirror the logging standards for other categories of aircraft.348 However, ICAO does not 347 An SIC PDP allows the certificate holder’s pilots to log SIC time in certain operations conducted under part 135 in an airplane or operation that does not otherwise require an SIC. See § 135.99(c)(2). The FAA did not propose any revisions to the aircraft requirements for an SIC PDP as set forth in § 135.99(c); therefore, this final rule does not enable a part 135 operator to seek approval of an SIC PDP in a powered-lift. 348 ICAO Annex 1, Sections 2.6.3.1.2 and 2.6.4.1.2 are standards relative to the credit of flight time in airplanes and helicopters, whereas § 2.6.5.1.3 is a recommendation pertaining to powered-lift and not a standard. Section 2.6.3.1.2 states for airplanes ‘‘When the applicant has flight time as a pilot of aircraft in other categories, the Licensing Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of 2.6.3.1.1 can be reduced accordingly. Section 2.6.4.1.2 states for helicopters, ‘‘When the applicant has flight time as a pilot of aircraft in other categories, the Licensing Authority shall determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of 2.6.4.1.1 can be reduced accordingly.’’ Section 2.6.5.1.3 is currently a recommendation for powered-lift and states, ‘‘When the applicant has flight time as a pilot of aircraft VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 recognize the crediting of flight time when a pilot is not required by the aircraft certification or the operation under which the flight is being conducted. As a result, SIC time accrued in accordance with an approved PDP program and credited toward the flight time requirements of a certificate or rating in accordance with part 61 as described results in an ICAO limitation being placed on the pilot’s certificate until such time that the pilot can demonstrate flight time logged meets the ICAO standard and is reflected in their logbook in accordance with § 61.51.349 While these standards are only recommended practices at this time, the FAA presumes the ICAO recommendations for powered-lift will become standards in the future, given the mirroring standards for airplanes and helicopters. Therefore, the FAA proposed to add paragraphs (d) and (e) 350 to § 61.163 to include the requirement for the ICAO limitation and the requirements for removing the limitation. The FAA did not receive comment on these paragraphs (§ 61.163(c), (d), and (e)) and adopts the provisions as proposed. 5. References to Category and Class During the rulemaking process, the FAA identified several regulations in various parts containing references to the category and class of aircraft; however, the FAA did not propose or establish classes of powered-lift in this rulemaking. As a result, the requirements for the appropriate class of aircraft would present a problem for powered-lift pilots in part 61, subpart K of part 91, part 135, part 141, and part 142. The FAA, therefore, proposed to update the regulatory references to category and class to make clear that the reference to class is only appropriate if the regulations require classes for the category of aircraft. The FAA proposed two different approaches to remedy the discrepancy. First, to account for the lack of powered-lift classes in part 61, the FAA proposed to directly amend the following sections: §§ 61.3(e)(1)–(2), (f)(2)(i)–(ii) and (g)(2)(i)–(ii); 61.45(a)(1)(i) and (a)(2)(ii) 351; in other categories, the Licensing Authority should determine whether such experience is acceptable and, if so, the extent to which the flight time requirements of 2.6.5.1.1 could be reduced accordingly.’’ 349 See §§ 61.159(e) and (f), 61.161(d) and (e). 350 As discussed in section V.I.4. of this preamble, this final rule adopts new paragraph (c) to allow a pilot to credit SIC time logged under an SIC PDP toward certain flight time requirements for an ATP certificate with a powered-lift category rating. 351 The FAA notes that while the NPRM preamble discussed this revision to § 61.45(a)(1)(i) and (a)(2)(ii), the amendatory instructions in the NPRM PO 00000 Frm 00096 Fmt 4701 Sfmt 4700 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). To account for the lack of powered-lift classes in subpart K of part 91 and parts 135, 141, and 142, the FAA proposed regulations under the SFAR,352 which would clarify when references to class are inapplicable when a powered-lift is used under those respective parts. First, § 91.1055(b)(2) allows deviation from flight-time hour requirements for PICs and SICs operating program flights if an existing program manager adds a new category and class of aircraft to its fleet not used before in its operation. The FAA proposed § 194.245(b) to clarify that the reference to class in § 91.1055(b)(2) is inapplicable when a powered-lift is used for the operation under subpart K of part 91. Next, as it pertains to part 141, §§ 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii), and 141.37(a)(3)(ii) set forth certain qualification requirements, including class ratings, for chief instructors, assistant chief instructors, and check instructors.353 Additionally, the appendices of part 141 reference classes of aircraft in the context of course content. To account for the inapplicability of classes as it pertains to powered-lift, the FAA proposed § 194.241, which would remove the qualification requirement to hold a class rating in §§ 141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii), and 141.37(a)(3)(ii) when a powered-lift is used in the course. Proposed § 194.241(a) and (b) delineate the certificates and ratings a person must hold to be designated as a chief instructor, an assistant chief instructor, or a check instructor (for checks and tests that relate to flight training and ground training) when a powered-lift is used in the course. To note, in delineating the ratings that must be held on the pilot certificate for erroneously did not include the revisions to § 61.45. Due to the general nonsubstantive nature of this revision and the discussion in the NPRM preamble, the FAA finds that the public received adequate notice of this revision. 352 The FAA chose to propose SFAR provisions rather than permanent amendments to allow the agency time to assess which permanent changes would be needed in part 141 to accommodate the use of powered-lift in the certification and rating courses long-term. 353 Specifically, §§ 141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) require chief flight instructors, assistant flight instructors, and check instructors to hold a commercial pilot certificate or ATP certificate and a current flight instructor certificate; for flight training, these certificates must contain the appropriate aircraft category, class, and instrument ratings (if required) for the aircraft category and class of aircraft to be used in the course. For checks and tests related to ground training, § 141.37(a)(3)(ii) requires the check instructor to hold a current flight instructor certificate or ground instructor certificate with the ratings appropriate to the category and class of the aircraft used in the course. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 persons seeking designation as a chief instructor, an assistant chief instructor, or a check instructor (for checks and tests that relate to flight training), the FAA proposed to add the requirement that such person must hold a poweredlift type rating.354 Additionally, proposed § 194.249(b) would make the references to class contained in course content in the appendices to part 141 inapplicable when a powered-lift is used for a course of training. The FAA also identified a technical amendment change to part 141.37(a)(3)(ii) discovered during the pendency of this rulemaking that was not proposed in the NPRM. Currently, part 141.37(a)(3)(ii) states that ‘‘Except for a course of training for a lighterthan-air rating, hold a current flight instructor certificate or ground instructor certificate with ratings appropriate to the category and class of aircraft used in the course.’’ This language is incorrect in that there is no category or class of aircraft listed on a ground instructor certificate; rather, the language after ground instructor should be tied with the flight instructor certificate. The FAA is therefore adopting an amendment editorial in nature to correct the error. The FAA proposed § 194.249 to resolve the inapplicability of class in parts 135 and 142. Specifically, §§ 135.4(b)(2), 135.247(a)(1) and (2), and 135.603 set forth, first, similar deviation to that in § 91.1055(b)(2) and, second, certain requirements for PICs 355 in aircraft carrying passengers or in helicopter air ambulance operations. The FAA proposed § 194.249(a) to clarify that the references to class in these regulations are inapplicable when a powered-lift is used for the operation under part 135. Additionally, §§ 142.11(d)(2)(ii), 142.49(c)(3)(iii), 354 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 poweredlift, the flight instructor would be required to hold a type rating for the powered-lift as well. 355 Section 135.4(b)(2) allows deviation from certain crewmember experience requirements if the certificate holder adds to its fleet a new category and class of aircraft not used before in its operation. Section 135.247(a)(1) and (2) require certain takeoffs and landings as the sole manipulator of the flight controls in an aircraft of the same category, class, and type, if a type rating is required, in which that person is to serve. Finally, § 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 92391 142.53(b)(1), and 142.65(b)(1) set forth certain requirements for issuance or amendment of training specifications, instructor and certificate holder privileges and limitations, and instructor training and testing.356 Similarly, the FAA proposed § 194.249(c) to clarify that references to class of aircraft in these sections do not apply when operating powered-lift or FSTDs representing powered-lift under part 142. The FAA did not receive any comments on these amendments and adopts the amendments as proposed. range and faster speeds to optimize operational capabilities, powered-lift pilots must possess many of the same skills and experience as their airplane pilot counterparts in certain instances. Conversely, due to the operational differences in the capability of poweredlift and integration of powered-lift into the NAS for civilian use, there are instances where existing airplane or helicopter training and qualification rules do not readily apply, which requires new temporary or permanent requirements. J. Part 135 2. Relevant History and Background Pilot Qualifications 1. Statement of the Issue and Introduction As discussed in the NPRM, the current regulatory framework of part 135, particularly subparts A, E, G, and H, was initially codified without the contemplation of powered-lift operations. Specifically, unlike part 61 where the 1997 final rule introduced powered-lift into the CFR for airman certification, powered-lift could not operate in part 135 and, therefore, revisions were unnecessary at that time. Therefore, the NPRM proposed to introduce powered-lift into the regulatory training and qualification paradigm in part 135, rather than simply updating or modifying existing powered-lift requirements, through a twofold framework: permanent regulatory amendments and temporary SFAR requirements. These requirements are intended to facilitate the training and qualification of the initial groups of part 135 pilots, flight instructors, and check pilots. In many instances, the training and qualification requirements applicable to airplane pilots in part 135 would also be applied to powered-lift pilots by virtue of the use of the term ‘‘aircraft.’’ 357 Because the FAA anticipates that during operations powered-lift will quickly transition to horizontal flight using the wings like an airplane to afford powered-lift a much larger operational 356 Specifically, 142.11(d)(2)(ii) discusses entitlement to training specifications that contain the category, class and type of aircraft that may be used for training, testing, and checking; 142.49(c)(3)(iii) requires an instructor to hold the certificates and ratings specified by part 61 appropriate to the category, class, and type of aircraft in which instructing, 142.53(b)(1) requires certain flight hours and takeoffs and landings for simulator instructors in the same category, class, and type (if required) replicated by the simulator, and 142.65(b)(1) sets forth crewmember position requirements for flight testing, flight checking, or line operational simulation. 357 Pursuant to 14 CFR 1.1, ‘‘aircraft’’ means a device that is used or intended to be used for flight in the air, which would inherently include powered-lift. PO 00000 Frm 00097 Fmt 4701 Sfmt 4700 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 & H set forth the testing and training requirements for crewmembers. The NPRM provided a comprehensive history of the part 135 training and checking regime,358 which continually seeks to provide the highest level of safety and risk-mitigation in commuter and on-demand operations. This SFAR and permanent amendments described herein are intended to provide an equivalent level of training, checking, and testing for powered-lift operations as those expected of airplane and helicopter operations. 3. Rules Applicable to Operations Subject to Part 135 (§ 135.3) Section 135.3 prescribes the rules that apply to persons conducting operations under part 135. This section is generally applicable to all operations under part 135, regardless of aircraft category; however, paragraph (b) applies only to airplanes. Specifically, § 135.3(b) requires that those certificate holders conducting commuter operations under part 135 with airplanes in which two pilots are required by the type certificate of the airplane must comply with subparts N and O of part 121 (Training Program and Crewmember Qualifications, respectively) instead of the requirements of subparts E, G, and H of part 135. As discussed in the NPRM, the FAA determined that the same safety standard imposed in § 135.3(b) for commuter operations involving airplanes for which two pilots are required by type certification should apply to powered-lift requiring two 358 88 E:\FR\FM\21NOR2.SGM FR 38946 at 39009 (June 14, 2023). 21NOR2 92392 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 pilots by type certification.359 However, the FAA noted that subparts N and O of part 121 are specific to multiengine airplanes, and the FAA did not amend part 121 to accommodate powered-lift operations under that part. Additionally, certain requirements in subparts N and O to part 121 require compliance with appendices E and F of part 121 360 (Flight Training Requirements and Proficiency Check Requirements, respectively), which are applicable to airplanes, as well. In the absence of amending part 121 (specifically, subparts N and O and the referenced appendices) to accommodate powered-lift-specific training and checking, the powered-lift flightcrew member would be inherently precluded from performing some airplane-specific tasks that are incongruent with powered-lift operational capabilities, creating a safety risk of insufficient training and checking. Therefore, to facilitate an appropriate level of training and checking for certificate holders conducting commuter operations under part 135 with powered-lift requiring two pilots by the type certificate, the FAA proposed § 194.247(b) to create an alternative means of compliance with § 135.3(b).361 For these operations, the FAA proposed that certificate holders comply with subpart Y of part 121, which allows for an Advanced Qualification Program (AQP). This program provides for approval of an alternate method for qualifying, training, certifying, and otherwise ensuring the competency of persons required to be trained under parts 121 and 135.362 This proposal facilitates a rigorous safety standard for training and checking without (1) imposing the inapt multiengine airplane requirements of subparts N and O (and the applicable appendices) on poweredlift commuter operators in part 135 or (2) overhauling the framework of part 121 to include powered-lift which are 359 Specifically, the NPRM discusses the intention of reducing accidents and incidents related to human performance in commuter operations and ensuring a balanced mix of training and checking to enhance public and passenger safety. 88 FR 38946 at 39010 (June 14, 2023). 360 In accordance with § 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. 361 The FAA notes that the proposal to use an AQP is temporary, as set forth in the SFAR rather than a permanent regulation. As intended with the SFAR in general, as additional information becomes available on the training and checking necessary to effectuate safety for certain part 135 commuter powered-lift operations, the FAA may revise this standard as appropriate. 362 § 121.901. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 not entering part 121 operations at this time. ALPA supported the FAA’s decision not to amend part 121 to accommodate powered-lift operations, stating that considerable data must be collected and analyzed before expanding into part 121 operations. The FAA found that, in lieu of modifying subparts N and O of part 121 to accommodate the integration of certain powered-lift commuter operations, implementing the AQP would uphold a similarly rigorous safety standard for training and checking. The FAA proposed the use of AQP to align more closely with the training and under subparts N and O of part 121 as prescribed in § 135.3. Compliance with AQP, normally a voluntary program, shall be mandatory for powered-lift commuter operations, given the unsuitability of the current N and O language to powered-lift. AQP provides an alternative method for qualifying and training pilots to ensure competency while providing an equivalent level of safety to those required by a subpart N and O training program. Additionally, the flexible, performance-based standard of an AQP will best suit the SFAR’s novel training paradigm for powered-lift through the integration of safety program data, scenario-based training and evaluations, crew resource management (CRM) training, customization to the certificate holder’s unique demographic and flight operation, and innovative instructional methods and technology. The FAA proposed § 194.247(b) to require certain elements within the AQP in recurrent ground training for PICs every 36 months. This is to ensure that the training received by powered-lift pilots under subpart Y of part 121 to that required for PICs in airplane commuter operations in which two pilots are required by type certification. Specifically, the FAA proposed § 194.247(b)(2)(i) to require that these PICs receive training, instruction, and facilitated discussion on leadership and command and mentoring as part of their initial, recurrent, and upgrade ground training. This requirement is similar to the initial, recurrent, and upgrade ground training requirements that govern airplane commuter operations.363 Proposed § 194.247(b)(2)(ii) requires that mentoring training include techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly hired pilots. Finally, proposed § 194.247(b)(4) includes requirements 363 14 PO 00000 CFR part 121, subpart N. Frm 00098 Fmt 4701 Sfmt 4700 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 received one comment specifically pertaining to the amendments proposed in § 194.247. AWPC opposed the requirement to adhere to subpart Y of part 121. AWPC contended that requiring powered-lift operators to adhere to subpart Y is excessive and burdensome because the programs require more time, larger staffing, and higher costs than other training programs, which would be incongruent to apply only to poweredlift operators. Instead, AWPC suggested that powered-lift part 135 operators should adhere to the same regulations as helicopter part 135 operators. The FAA recognizes that establishing an AQP may place a burden on operators.364 However, it is important to recognize that these burdens (e.g., detailed job task analysis, increased evaluator and trainer requirements, development of performance measurement tools and qualification standards) are offset by the significant benefits offered by an AQP. Unlike traditional training programs, which use maneuver-based training and evaluation and often segment simulation events in a manner that fails to realistically build up the accident error chain, AQP scenario-based training and evaluation more closely simulate the actual flight conditions known to cause most fatal carrier accidents. This approach aligns training and evaluation with known causes of human error, focusing on both crew and individual performance as well as integrating flight training with CRM skill training. Moreover, AQP offers greater efficiency to operators by allowing for proficiency based training, as opposed to prescriptive programmed hours. Whether a training program falls under subparts N and O of part 121, subparts E, G, and H of part 135, or subpart Y of part 121, the financial burden of adding a new category of aircraft, such as powered-lift, to a certificate holder’s operations is similar. All training programs require a frontend analysis of the certificate holder’s operation, aircraft, line environment, and job functions for each duty position. Additionally, the regulations require the development of FAA-approved operational manuals and training and qualification of all instructors and 364 The cost for the AQP information collection for AQP is included in the PRA section of this rulemaking. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations evaluators in adding a new category of aircraft to a certificate. The process of adding a new aircraft category requires data collection and analysis processes for both the initial and final approval of training programs and the issuance of the appropriate operation specifications. The FAA notes that 24 certificate holders, which includes one part 135 operator, to date, have voluntarily chosen to implement the AQP over the standards in part 121 N&O. This voluntary adoption of AQP supports that certificate holders have determined the benefit of implementing an AQP exceeds its costs.365 As well, of the ten projects undergoing type-certification at the FAA, only one project requires two pilots by type certification (the AW– 609), and thus subject to the subpart Y of part 121. As previously discussed, § 135.3(b) sets forth certain training program and qualification requirements specifically for commuter operations that use airplanes in which two pilots are required by type certification; conversely, § 135.3(c) sets forth training program and qualification requirements for those aircraft to which paragraph (b) does not apply but who opt to use part 121 training standards. The FAA maintains that allowing powered-lift to make use of the ‘‘opt in’’ provision in § 135.3(c) to utilize subparts N and O of part 121 is unworkable. As previously explained, subparts N and O of part 121 are multiengine airplane specific and, at this time, the FAA is not amending part 121 to accommodate powered-lift operations. For example, subparts N and O contain left and right seat requirements whereas some poweredlift may only have one seat, training hour requirements are tied to airplane types, and extended envelope training is tailored to airplane characteristics that may not be applicable to powered-lift. Additionally, powered-lift may present new requirements (such as tandem seating for pilots) or different flight envelopes not currently covered by subparts N and O. Having an N and O section that does not adequately address powered-lift issues in full would create a training gap among powered-lift pilots and not satisfy the intent of the training program. As ALPA commented, the permanent integration of powered-lift into part 121 operations is premature; amending part 121 for powered-lift operations requires 365 Over 90% of part 121 pilots are trained under an AQP program, with 25 part 121 AQPs approved and 1 pending. There is currently 1 part 135 operator and 2 other part 135 operators in the approval process. All of the 121s and 135s are opting to comply with AQP. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 extensive analysis of operational history based on lessons learned from the initial SFAR period and part 135 operations. The application of subparts N and O as written would mandate that a poweredlift flightcrew perform some airplanespecific tasks incongruent with powered-lift operational capabilities. These subparts do not include specific tasks that are imperative to powered-lift operations. This as-is application could result in PICs that are insufficiently trained and checked on some maneuvers that powered-lift possess the operational capability to conduct. Likewise, the application of subparts E, G, and H under part 135 to poweredlift is insufficient due to the expectation of safety during commuter operations. As discussed in the NPRM, the FAA adopted a final rule in 1995, upon recommendation from the NTSB, to require airplanes that require two pilot crewmembers to comply with the training, checking, and qualification requirements of part 121 (i.e., subparts N and O).366 Specifically, the FAA considered the number of passengers and types of operations that the part 135 commuter carriers conduct and determined that comprehensive training requirements set forth by part 121 achieved a stronger level of safety. Specifically, part 121 training, to include CRM, benefits these types of passenger-carrying operations because it provides more emphasis on training, whereas the part 135 rules (i.e., subparts E, G, and H) rely more heavily on testing and checking requirements. Powered-lift that require two pilots by type certification will be similarly complex as airplanes in both operating characteristics and in types of operation and require a similarly high caliber of pilot training to ensure the public is as safe as they would be in a part 121 operation.367 Powered-lift operations are expected to be operating in densely populated areas, landing in complex airspace, and are significantly novel in that the true diversity and complexity of future operations are difficult to predict. Powered-lift operations will be able to operate similar to current helicopter operations in take-off and landing along with confined landing areas while also having a predominant amount of the flight similar to an airplane at higher altitudes and speeds. Helicopters are 366 Final rule: Air Carrier and Commercial Operator Training Programs, 60 FR 65940 (Dec. 20, 1995). 367 The FAA proposed to use the phrase ‘‘two pilots as required by the aircraft flight manual’’. For the final rule, the FAA decided to use the term ‘‘as required by type certification’’ to appropriately mirror § 135.3. PO 00000 Frm 00099 Fmt 4701 Sfmt 4700 92393 excepted from the same requirements as airplanes because they generally do not take on the complex nature of airplane commuter operations, which may often be conducted under IFR, with numerous passengers in busy, complex airspace, and in aircraft with complex systems and/or crew resource management demands. If powered-lift are expected to take their place among or, alternatively, replace some airplane commuter operations, they must achieve the same level of safety expected by the public. The unique nature of powered-lift as an entrant aircraft and significant differences between types necessitate specific training tailored to the operator’s actual environment. Therefore, the FAA determined the AQP is the most appropriate mechanism to facilitate a customized, data-informed training program able to leverage technological and training innovation. The data driven component of an AQP will ensure that carriers are able to more precisely identify critical training requirements for their novel operations that may be unique to the type of powered-lift. In addition, AQP provides a trained-to-proficiency model that uses planned hours, that exceeds the training and checking paradigm imposed under subparts N and O of part 121. In further reviewing the AQP requirements in subpart Y of part 121, the FAA found that §§ 121.903(c) and 121.921(a) contain the word ‘‘airplane’’ versus the term ‘‘aircraft,’’ which is used in the remainder of regulations in subpart Y. Notwithstanding the reference to aircraft in §§ 121.903(c) and 121.921(a), the intent of the NPRM remains the same—to conduct training under subpart Y rather than subparts N and O—and the regulatory impact cost analysis unchanged. In the final rule, the FAA is requiring commuter operators to use AQP in subpart Y of part 121 as proposed. However, the FAA modified § 194.247(b)(1) to apply requirements of §§ 121.903(c) and 121.921(a) to powered-lift. After thorough analysis of all these factors, including any additional burden to the certificate holder, the FAA has determined to maintain the position that commuter operations under part 135 should be required to train under an AQP in accordance with subpart Y of part 121. As noted, the FAA’s decision is based on the inapplicability of part subparts N and O in part 121 and the fact that subparts E, G, and H of part 135 are not sufficient in the level of training needed for powered-lift commuter operations. The use of AQP for powered-lift reflects a commitment to achieving a high standard of safety and operational efficiency. E:\FR\FM\21NOR2.SGM 21NOR2 92394 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 4. Applicability of Rules for Eligible OnDemand Operations (§ 135.4) Section 135.4 describes pairing and experience limitations as well as operational limitations for eligible-on demand operations. Section 135.4 applies to powered-lift; however, § 135.4(a)(3), when describing pilot operating limitations, applies only to fixed-wing aircraft. Section 135.4(a)(3) provides certain conditions when the pilot-in-command shall make all takeoffs and landings while conducting an eligible-on demand operation. The FAA maintains that powered-lift may have more complex landing situations than fixed-wing when operating under conditions listed in (a)(3)(i) and (a)(3)(ii),368 and that the experience mandated by the regulation should be applied to powered-lift as well. The FAA proposed in § 194.307 to apply the pilot operating limitations in § 135.4(a)(3) to powered-lift. The FAA did not receive any comments, and the section is adopted as proposed. lotter on DSK11XQN23PROD with RULES2 5. Pilot in Command Qualifications (§ 135.243) Section 135.243 prescribes qualifications for pilots serving as PIC in certain passenger-carrying part 135 operations, passenger and cargo flights under VFR, and passenger and cargo flights under IFR. Such qualifications include minimum certificates, ratings, and hours of pilot time, cross-country time, night flight time, and, if applicable, actual or simulated instrument time. Certain PIC requirements in § 135.243 apply to all aircraft (i.e., § 135.243(b)(1)–(2), (c)(1)(2)); therefore, these requirements that generally apply to PICs in any aircraft in part 135 operations apply to PICs of powered-lift. Other PIC requirements are specific to the category (i.e., airplane) or class (i.e., helicopter) of aircraft being flown (e.g., § 135.243(b)(3) applies to airplanes; § 135.243(b)(4) applies to helicopters). For these sections that do not include a specific provision for powered-lift, the FAA proposed certain permanent changes to incorporate powered-lift specific requirements into § 135.243. This section discusses each proposed revision, relevant comments to the proposal, and resulting final amendments. i. Section 135.243(a) Section 135.243(a) prescribes the general requirements for a person to 368 These conditions relate to prevailing visibility at the airport, visual range for the runway, runway conditions (e.g., water, snow, ice), crosswinds, and windshear. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 serve as PIC in certain passengercarrying operations. Specifically, under § 135.243(a), to serve as PIC in a passenger-carrying operation of (1) a turbojet airplane, (2) an airplane with a passenger-seat configuration of 10 seats or more, or (3) a multiengine airplane in a commuter operation, a person must hold an ATP certificate with appropriate category and class ratings and, if required, an appropriate type rating for that airplane. Similarly, § 135.243(a)(2) requires a person to hold an ATP certificate, appropriate type ratings, and an instrument rating to serve as PIC in passenger-carrying operations of a helicopter in scheduled interstate air transportation 369 within the 48 contiguous states. As previously noted, the FAA proposed to add specific requirements for powered-lift as permanent changes 370 to align with the existing requirements specific to airplanes and helicopters. Without adding a provision for powered-lift to § 135.243(a), § 135.243(b) and (c) would dictate PIC qualifications for powered-lift in certain passenger-carrying operations based on whether the operation is conducted under VFR or IFR (i.e., only a commercial pilot certificate with a powered-lift category rating and a type rating would be required). Leaving the regulation unchanged would result in less stringent PIC requirements for powered-lift PICs in complex passengercarrying operations than those required to serve as PIC of an airplane or helicopter. Therefore, the FAA proposed to permanently add paragraph (a)(3) to § 135.243 to require the PIC of a powered-lift to hold an ATP certificate with a powered-lift category rating and an appropriate type rating not limited to VFR for that powered-lift, when serving as PIC in: (1) on-demand passengercarrying turbojet-powered powered-lift 369 Interstate air transportation is defined in 14 CFR 1.1: the carriage by aircraft of persons or property as a common carrier for compensation or hire, or the carriage of mail by aircraft in commerce: (1) Between a place in a State or the District of Columbia and another place in another State or the District of Columbia; (2) Between places in the same State through the airspace over any place outside that State; or (3) Between places in the same possession of the United States; Whether that commerce moves wholly by aircraft of partly by aircraft and partly by other forms of transportation. 370 As discussed in the NPRM, a permanent revision aligns with the permanent revisions in part 61 requiring the PIC in powered-lift operations to hold a type rating (i.e., § 61.31) and existing requirements within § 135.243 for airplanes and helicopters. The FAA may propose subsequent amendments to modify the certification standards for powered-lift PICs within § 135.243(a) as more operational information is collected during the life of the SFAR. See 88 FR 39013 (June 14, 2023). PO 00000 Frm 00100 Fmt 4701 Sfmt 4700 operations; (2) on-demand operations in a powered-lift having a passenger seating configuration, excluding crewmember seats, of 10 or more; and (3) powered-lift commuter operations other than turbojet-powered poweredlift (hereinafter collectively referred to as ‘‘certain part 135 commuter and ondemand powered-lift operations’’). Consequently, as proposed, if a powered-lift PIC could not satisfy the ATP certificate requirements, that operator would be limited to conducting part 135 on-demand operations with non-turbojet-powered powered-lift containing less than 10 passenger seats until the ATP certificate requirements are satisfied. As proposed, under § 135.243(a)(3), a PIC would not be permitted to serve as PIC with a powered-lift type rating with a ‘‘VFR only’’ limitation in the aforementioned part 135 operations.371 ALPA disagreed with the FAA’s proposed requirement for powered-lift PICs to hold an ATP certificate and type rating only for on-demand operations involving 10 or more passenger seats. ALPA recommended that instead, if an ATP certificate is required for traditional helicopter operations, an ATP certificate should also be required for similar powered-lift operations regardless of seat capacity, to ensure the highest level of safety in this novel aircraft type and its operations. Bristow stated that operators of powered-lift in commuter operations will be required to have an ATP certificate, but there is no relief provided in the proposed rules that allows pilots to obtain experience necessary for an ATP certificate. The commenter contended that the small pool of military pilots with powered-lift experience will hamper AAM commuter services. The commenter also noted that AAM operations will be different than the other operations requiring the PIC to hold an ATP certificate—functioning more like taxi/bus services than as an alternative to commercial aircraft service. In response to ALPA’s comment on the scope of ATP certificate requirement, the FAA notes that the regulatory text as proposed and finalized in this rulemaking will apply to more operations than just those where the powered-lift passenger-seat configuration consists of 10 seats or more (excluding each crewmember 371 The FAA proposed a permanent change to replace the outdated reference to commuter operations as defined in ‘‘part 119’’ with ‘‘part 110’’ in §§ 135.243(a)(1) and 135.244(a) in light of the transfer of definitions from § 119.3 to a new part 110. final rule: Operations Specifications, 75 FR 7482 (Feb. 10, 2011). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations seat). The ATP certificate and type rating requirement also will be required for (1) turbojet-powered powered-lift, and (2) powered-lift in commuter operations as defined in part 110. Thus, a PIC will be required to hold an ATP certificate and type rating for a commuter operation as defined in part 110 even if the powered-lift itself had a passenger-seat configuration of only four. The FAA has determined that, similar to the airplane operations that require a pilot to hold an ATP certificate, the aforementioned poweredlift operations involve greater complexity and therefore require the highest level of pilot proficiency and experience. This requirement is commensurate with the public’s expectations for safety in commercial operations involving routine scheduled flights. The NPRM provided extensive discussion in support of the requirement to hold an ATP certificate with a powered-lift category rating and appropriate type rating not limited to VFR for certain part 135 commuter and on-demand powered-lift operations.372 Primarily, the operations that are envisioned for powered-lift are virtually identical to those existing airplane and helicopter operations in part 135 that require ATP certification. As such, PIC qualifications must remain consistent across operations to address the similar level of risk in the complex operations (e.g., passenger carriage, duration of flight time, operating systems, hightraffic areas in the NAS, etc.). This complexity necessitates robust knowledge, training, and flight time to achieve the highest level of safety. To the extent that ALPA suggests that the ATP certificate requirement should apply to the same operations applied to helicopter operations (i.e., all interstate operations regardless of passenger capacity), the FAA does not agree. PICs in on-demand and non-common carriage operations in smaller poweredlift that are not turbojet-powered are not required to hold the ATP certificate when conducting interstate operations. If the FAA applied the same rule as helicopters, these interstate operations in smaller powered-lift would require the PIC to hold an ATP certificate. The FAA finds that an ATP certificate for these types of operations typically involve smaller and less complex aircraft, flying for a shorter duration of time with a lower passenger-carrying capacity. Under the hypothetical application of § 135.243(a)(2) to powered-lift, virtually all passenger carrying operations that 372 88 FR 38946 at 39012 (June 14, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 crossed state lines would require an ATP certificate. In addition, a blanket requirement of an ATP certificate for powered-lift for all flights would be a higher requirement than any other existing aircraft in similar operations and create an undue burden for powered-lift operations. This paradigm most aptly balances the need for increased experience in complex operations and operating environments without overly burdening other operations where a greater amount of flight time, training, and qualification is not necessary. Bristow’s comments provide a perspective that AAM operations will be different than the most traditional commercial operations that require the PIC to hold an ATP certificate. However, the pilot requirements in § 135.243(a)(3) apply to all part 135 commuter operations, and the characteristics of AAM operations described by Bristow, such as shorter, more predictable routes within urban environments and lower altitudes, do not justify lessening these requirements. While some AAM operations may resemble taxi or bus services in their function of ferrying passengers over relatively short distances, the complexities and potential risks of commuter operations are significantly greater. The argument that such operations could be equated to ground transportation overlooks the inherent complexities of aviation, where the consequences of failures or emergencies can be immediate and significantly different than the AAM operations described by Bristow. The FAA maintains that the safety requirements and pilot qualifications, including the requirement for an ATP certificate, must reflect the potential risks and complexities associated with all part 135 commuter operations in all powered-lift designs. The AAM operational characteristics described by Bristow, although distinct, do not inherently diminish the potential criticality or safety implications of emergencies that might occur during powered-lift operations. To the extent that Bristow expressed concerns that the FAA proposed no relief from the ATP certificate requirements to accommodate ATP certificate requirement in § 135.243(a)(3), the FAA foresees numerous paths to obtain the experience needed to serve in a commuter operation. Initial cadre programs under the SFAR and part 135 operations not requiring an ATP certificate will allow pilots to begin amassing experience needed to serve in more demanding commuter operations. PO 00000 Frm 00101 Fmt 4701 Sfmt 4700 92395 Finally, the FAA may not base a proposed regulation solely on a perceived lack of appropriately qualified pilots, and it sees no compelling safety case for reducing the experience requirements for a new category of aircraft. Reducing the experience requirements for ATP certification, particularly for a novel and limited segment like AAM, would not align with the FAA’s mandate to uphold appropriate standards of safety. Therefore, § 135.243(a) is being finalized as proposed. ii. Section 135.243(b) and (c) Except as specified in § 135.243(a), § 135.243(b) and (c) establish the minimum pilot certificate, ratings, and flight time that a PIC must have when conducting part 135 VFR operations and part 135 IFR operations, respectively. Specifically, under § 135.243(b)(1) and (c)(1), to serve as a PIC of an aircraft under VFR or IFR, the person must hold at least a commercial pilot certificate with the appropriate category, class, and type rating (if type rating is required) for that aircraft. Additionally, dependent on whether the PIC seeks to operate under VFR or IFR, the PIC must meet certain flight time requirements set forth by § 135.243(b)(2) and (c)(2). Because these requirements apply to PICs of all aircraft, they would equally apply to powered-lift PICs. However, § 135.243(b)(3) and (4) and (c)(3) and (4) prescribe additional requirements specific to airplanes and helicopters regarding instrument ratings and flight time requirements. Notably, these paragraphs do not account for the requirements applicable to PICs operating powered-lift under VFR or IFR. Therefore, the FAA proposed to permanently amend § 135.243(b) and (c) to set forth parallel requirements for powered-lift operations under VFR and IFR. Specifically, paragraphs (b)(5) and (c)(5) would require the PIC of a part 135 VFR operation and a part 135 IFR operation in a powered-lift to hold an instrument-powered-lift rating or an ATP certificate for the powered-lift category. These requirements largely mirror the existing requirements for PICs of part 135 airplane operations under VFR (or VFR over-the-top in the case of helicopters) and IFR in airplanes and helicopters (i.e., for airplane, an instrument rating or an ATP certificate with an airplane category rating; for helicopters, an instrument-helicopter rating or an ATP certificate with a category and class rating for that aircraft, not limited to VFR). Several commenters, including Archer, Eve, GAMA, and L3Harris, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92396 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations opposed proposed § 135.243(b)(5) requiring an instrument-powered-lift rating or an ATP certificate with a powered-lift category rating for operations under VFR. Archer disagreed with the FAA’s assessment that the operational characteristics of poweredlift are sufficiently different from helicopters to justify requiring an instrument-powered-lift rating for part 135 VFR operations. Archer stated that the type certification process will demonstrate that their aircraft features the same key operating characteristics as helicopters and, further, that the requirement for initial commercial powered-lift pilots to hold an airplane or helicopter instrument rating would provide an additional layer of safety beyond that which is currently required for part 135 VFR helicopter pilots. Archer further contended their specific model will have similar configuration as a helicopter. Eve also recommended having powered-lift treated as helicopters in this regard and to incorporate instrument ‘‘awareness training’’ in commercial training and checking. Additionally, L3 supported striking out powered-lift from the proposed § 135.243(c)(5) text. L3 recommended that any instrument rating, such as an airplane instrument rating, should be able to satisfy the instrument rating requirement in § 135.243(c)(5). The FAA requires an instrument rating for part 135 VFR airplane operations because if an airplane encounters inadvertent instrument meteorological conditions (IIMC), the pilot must have the necessary knowledge and skills to maintain safe control of the airplane, transition to instruments, coordinate with ATC, and maneuver the airplane to an emergency instrument approach and landing at an airport. The FAA currently does not require an instrument rating for part 135 VFR helicopter operations, recognizing their capabilities for slow flight and ability to land in a variety of conditions. While powered-lift shares many characteristics with helicopters, a primary consideration in requiring an instrument rating for VFR operations is the powered-lift cruise profile. The FAA anticipates that other than necessary for takeoff and landing, many powered-lift will be optimized to primarily utilize lift provided by the wing for as long as practical to maximize efficiencies in fuel consumption, speed, and range similar to an airplane. This means many will operate at increased altitudes and faster airspeeds and may require more time and distance to avoid IIMC and complete an emergency approach and landing compared to a helicopter. While VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 some powered-lift may have the ability to fly at slower airspeeds when operating in the vertical-lift flight mode, this requires additional pre-flight planning to ensure the aircraft has sufficient fuel/energy reserves to complete the flight in the vertical-lift flight mode.373 However, IIMC events are not planned, therefore the fuel/ energy reserves on the aircraft may be insufficient to transition from the wingborne to the vertical-lift flight mode and complete the flight in VFR conditions. Because not all powered-lift types will have sufficient capability to avoid and recover from IIMC as readily as their helicopter counterparts, the FAA has determined the instrument rating provides a core competency that will increase safe outcomes when unexpectedly transitioning from VMC to IMC conditions. While the FAA recognizes that some manufacturers’ aircraft may have the ability to transition rapidly into hovering flight modes or will operate at slower airspeeds, the rule must encompass the entirety of possible powered-lift designs. Some designs may not have the capability of entering slow flight, and if they do, it may be extremely time limited due to power consumption to complete a safe recovery at a suitable landing area. Others may not have the capability to transition into slower-flight modes in time to avoid an instrument encounter. In time, classes may emerge that will allow for a diversification of rules among the powered-lift fleet. Due to their ability to have multiple configurations of flight, it is important that powered-lift specific instrument skills be applied. Configuration changes during approach, novel systems, and automation, as well as unique emergency procedures make having an instrument rating in category critical to the expected level of safety demanded of part 135 operations. The FAA has created instrument ratings that are category and sometimes class (in the case of helicopters) specific instead of being a universal rating on all categories for the very reason that these categories and individual classes are unique enough in operation that the training must be tailored as such. Many proposed operating areas for powered-lift are in densely populated 373 Powered-lift operators wishing to utilize helicopter weather minimums and helicopter VFR fuel reserves must demonstrate that their aircraft can meet certain performance and operational criteria to ensure the powered-lift can safely conduct a landing in vertical-lift flight mode at any point along the flight route. Absent this capability, the powered-lift is required to adhere to the airplane standards for weather minimums and fuel reserves. PO 00000 Frm 00102 Fmt 4701 Sfmt 4700 urban areas, where an IIMC encounter may pose significant public risk if a loss of control occurs. Requiring poweredlift pilots to have an instrument rating during VFR operations on par with airplane requirements ensures that PICs of powered-lift possess the proper skills to safely conduct flight in the event of IIMC where pilot error can immediately become critical. Eve suggested that requiring an IFR rating is an overreach, given some powered-lift may not even be capable of instrument flight. The rationale behind the requirement is not to allow the aircraft to be flown IMC when conditions deteriorate (as it is a VFR only operation), but instead to ensure the pilot has the skills, experience, and knowledge in the category to keep the aircraft under control both during and before IIMC. Eve further suggested that many models will likely be operating along planned routes, near forecast weather, and short distances. This cannot be predicted for all types across the category, however, and innovative uses of powered-lift may rapidly expand beyond this possible area of operations. Although a powered-lift may not be type-certified for IFR operations, pilots can still acquire an instrument rating using these aircraft. This is similar to the situation with many helicopters, which may not be type certified for IFR flight, yet pilots often obtain their instrument ratings in these helicopters by conducting simulated IMC training in VMC. There may be future aircraft designs such that the skill, knowledge, and experience that the instrument rating for VFR operations otherwise brings will no longer be necessary. In addition, the environment where some powered-lift operations occur may be isolated, limited, or strictly controlled, proving that the instrument rating for VFR operations may be unnecessary to maintain safety. However, until further data is collected through operational use and experience of powered-lift, the FAA is maintaining the instrument rating or ATP requirement for powered-lift PICs operating under VFR, aligning the regulation with the requirements imposed for airplanes. GAMA, as part of its argument that powered-lift are add-on ratings to the existing categories of rotorcraft or airplane, suggested that § 135.243 should be amended to allow for the instrument rating (when required under the above regulation) to be held in airplane or rotorcraft category (since there would be no powered-lift category in this case). Recency would be accomplished in the aircraft type. This E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations is based on ICAO developed guidance as stated in GAMA’s comment. Due to the novelty of powered-lift, blended capabilities, their differing capabilities, use of advanced technology, and unique applications, the FAA has decided it is more prudent to develop powered-lift as their own independent category. It is not required that the FAA align all its regulations with ICAO recommendations regarding powered-lift. Having a separate category as airplane or rotorcraft would make holding a category specific instrument rating tailored closer to the powered-lift capabilities and type of operations. Therefore, the FAA adopts the provision as proposed. lotter on DSK11XQN23PROD with RULES2 6. Operating Experience (§ 135.244) Section 135.244 specifies that before serving as PIC in a commuter operation in part 135, a pilot must accomplish operating experience on the make and basic model aircraft to be flown. This section, through use of the term ‘‘aircraft,’’ applies to powered-lift. The hours of operating experience required are set forth in § 135.244(a)(1) through (4) and are tailored to specific aircraft types: single-engine aircraft, multiengine reciprocating enginepowered aircraft, multiengine turbineengine powered aircraft, and turbojetpowered airplanes. These categories, established in the 1980s, did not foresee the use of powered-lift in part 135. Further § 135.244(b) prescribes the manner and timing through which the pilot must accomplish the operating experience and specifically requires the operating experience to be accomplished in the aircraft. Section 135.244(b) had no proposed changes in the NPRM due to the reference to aircraft and would include powered-lift. To address this concern in § 135.244(a)(1) through (4) which do not include specific hours of operating experience for powered-lift, the FAA proposed in § 194.247(c) to require 20 hours of operating experience in make and basic model of powered-lift before serving as PIC in part 135. This 20-hour operating experience requirement parallels the requirement for multiengine turbine airplanes, which share similar characteristics in terms of complexity. Additionally, § 194.247(c) would except powered-lift from the legacy operating experience requirements under § 135.244(a). By placing the powered-lift requirement in the SFAR, the FAA would retain the flexibility to adjust the 20-hour operating experience requirement as new data and insights become available to align the operating experience VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements with powered-lift operations. Eve submitted comments regarding the amendment of §§ 135.244(b) and 194.247. Similarly, L3Harris provided comments on the same amendments. Eve and L3Harris did not challenge the number of hours prescribed under § 194.247(c); however, they commented that scenario-based flight training or line-oriented flight training in an FSTD equivalent to a Level C or higher in category, class, and type, while under the direct observation of a qualified instructor, should replace 50 percent of the hours required in § 194.247(c). They further contended that each hour of operating experience be replaced with ‘‘one full operating cycle.’’ As noted in section V.F. of this preamble, the FAA interprets the term ‘‘operating cycle’’ as it is defined in § 121.431 as a complete flight segment consisting of a takeoff, climb, enroute portion, descent, and a landing. Section 135.244(a) arose from a series of accidents in commuter operations in which the PIC had little to no flight in the particular make and model of aircraft they were to fly in revenue operations.374 While line-oriented and scenario-based flight training are useful training experiences, time obtained in an FSTD may not adequately replicate the range of real-world operational scenarios that were the purpose of the original rule. The FAA emphasizes that, while FSTDs provide valuable training opportunities, they currently do not fully simulate the complexities of the NAS, including factors such as ATC communications, air traffic, ground operations, and other operational elements inherent in a part 135 commuter operation. This recommended modification to allow operating experience to be accomplished in FSTD would be difficult to limit only to powered-lift as such allowance is not currently permitted in established categories of aircraft that part 135 pilot will have far more extensive experience flying in the NAS.375 Such a significant change for all categories of aircraft necessitates a thorough evaluation of potential safety implications across different operational contexts, which has yet to occur. This departure from ‘‘real-world’’ experience 374 45 FR 7540 (Feb. 4, 1980). commenters have noted, they anticipate difficulties meeting even the minimum flight time requirements in powered-lift necessary for certificates and ratings whereas airplane and helicopter pilots will have built the majority of their flight time in airplanes and helicopters. It would be difficult to support relief from an in-flight requirement by allowing FSTD time for operating experience especially given the other increases FSTD use permitted in this final rule. 375 As PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 92397 would be beyond the scope of the current rulemaking effort. The FAA recognizes the advancements in simulation technology and its growing role in pilot training. The FAA is actively evaluating the use of FSTDs in training to this degree, and it is conceivable that advancements in FSTD technology and demonstrated equivalency in safety outcomes may warrant a reevaluation of the current stance in the future. However, the rationale for FSTDs to provide a level of training equivalent to real-world operations is a subject of ongoing assessment. In addition, the evaluation of new and emerging simulation technology, such as the use of virtual reality (VR) devices on qualified FSTDs, and the ability to realistically simulate scenarios/ situations is also currently being evaluated by the FAA. There are current pathways that would allow for operators to have that technology assessed under part 60 as discussed in section IV.C. of this preamble. At this time, the use of such immersive simulation technologies have not been fully evaluated for use on qualified FSTDs; nor are they currently utilized in training to this degree. The requirement for operating experience in actual aircraft operations is rooted in ensuring the highest level of safety and public confidence in commercial aviation. Thus, the FAA maintains the importance of actual inflight experience in the basic make and model of aircraft to be flown. This experience encompasses many ‘‘realworld’’ occurrences such as air traffic control, certain weather conditions, passengers, ground obstacles/hazards, or other factors that can play an important role in the development of a pilot’s aeronautical decision-making skills and operational proficiency in the actual passenger-carrying part 135 commuter operations. To the extent that commenters recommended replacing each hour of flight with an ‘‘operating cycle’’ when there is already a provision to reduce the flight hours by fifty percent for each takeoff and landing, this allowance would potentially reduce hours even further than currently allowed by § 135.244(b)(4). That section already permits the substitution of hours with takeoffs and landings. Replacing hours with operating cycles would further decrease hours and reduce the experience level of initial PICs in commuter operations to unacceptable levels. While the FAA appreciates the suggestions put forth by the commenters, the current regulatory approach requiring actual aircraft E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92398 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations operating experience as prescribed in § 135.244(b) will be maintained. The FAA will continue to monitor advancements in FSTD technology and their potential application in pilot training programs. Any future changes to the regulatory requirements will be considered through a comprehensive rulemaking process, ensuring stakeholder engagement and adherence to safety priorities. Eve commented that § 61.64 requires pilots who completed their practical test in a flight simulator without meeting certain experience requirements to complete 25 hours of supervised flight with a qualified pilot-in-command before their PIC restriction is lifted. Eve argued that in the cases in which a pilot is completing the supervised operating experience mandated by § 61.64, the operating experience requirements of §§ 135.244 and 194.247 may be considered satisfied. A pilot can concurrently comply with the requirements of supervised operating experience of § 61.64 if the operating experience requirements and provisions of §§ 135.244 and 194.247 are also complied with. The time requirements for the applicable regulations address differing objectives of the operating experience. Section 61.64 addresses experience not received in the actual aircraft, whereas § 135.244 provides passenger-carrying experience to a new pilot who is learning about the operation. The requirements under § 135.244(b) are more restrictive, as they require the observations to be conducted during part 135 commuter passengercarrying operations. In the case of an aircraft not previously used by the certificate holder in part 135 operations, operating experience acquired in the aircraft during proving flights or ferry flights may be used. As a result, part 61 SOE cannot replace the part 135 operating experience requirements—it would not, on its own, satisfy the requirements of § 135.244(b). However, should the § 61.64 requirements be satisfied during § 135.244(b) operating experience, completing them concurrently (as opposed to one in lieu of another) is possible. In this case, the pilot satisfying the requirements of § 61.64 must meet all requirements to serve in a part 135 commuter operation. HAI contended twenty hours of PIC in each make/model of powered-lift is impractical, and that training in the basic make/model of any other type of aircraft is considered sufficient without providing any additional safety argument. The FAA chose twenty hours in the aircraft to mirror multi-engine turbine engine-powered requirements. The FAA VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 expects many powered-lift, due to their novel nature and complex systems, to be on par with the level of complexity as these multi-engine turbine engine jets. The powered-lift category presently includes aircraft as complex as the AW– 609, which is neither small nor simple in systems or operation. The rule must be inclusive of and appropriate to all powered-lift that may exist within the category. In time, if classes emerge in powered-lift that are significantly more or less complex, higher or lower minimums may be implemented. With regard to the comment that 20 hours of PIC in each make and model is impractical, HAI did not provide any explanation for its statement. To the extent that HAI suggests that time in any make and model of powered-lift should count for all makes and models of powered-lift, this allowance would be inconsistent with the requirements imposed on other categories of aircraft in § 135.244. As HAI provided no safety justification for disparate requirements, the FAA is finalizing § 194.247 as proposed. 7. Second in Command Qualifications (§ 135.245) In the NPRM, the FAA proposed revising § 135.245, which sets the certification requirements for SICs operating aircraft, to specifically include reference to powered-lift where appropriate. The FAA notes that a majority of the section did not require amendment as the existing language in § 135.245(a) and (d) already reference ‘‘aircraft,’’ a term that includes powered-lift.376 However, the FAA proposed amendment to § 135.245(c)(1) to add powered-lift, which will ensure the instrument currency requirements for airplane and helicopter SICs are likewise applicable to powered-lift. These proposed changes standardize the SIC instrument experience requirements across powered-lift, airplanes, and helicopters for SICs who serve in IFR operations. In its comments, GAMA proposed amending § 135.245, recommending that the SIC instrument rating requirement for powered-lift be satisfied with either an airplane or helicopter instrument rating. This approach contemplates powered-lift as an add-on type rating to existing airplane or helicopter categories, per ICAO guidance, rather than a separate powered-lift category. Furthermore, GAMA recommended that powered-lift type ratings should carry a VFR-only operating limitation, 376 The FAA notes that § 135.245(b) applies only to helicopters, and that provision is unchanged in this final rule. PO 00000 Frm 00104 Fmt 4701 Sfmt 4700 unless the approved course of training is certified by the authority to include IFR operations and VFR On-top. Additionally, GAMA suggested modifications to § 135.245(c)(1), paragraphs (ii) and (iii), to align them with ICAO guidance. The totality of these comments reflect GAMA’s recommendation for integrating powered-lift into the existing regulatory framework by applying ICAO guidance applicable to airplanes or helicopters. The FAA revised § 135.245(c) to align the SIC instrument experience requirements uniformly across poweredlift, airplanes, and helicopters. This alignment ensures that the instrument experience requirements are consistent across the categories of aircraft, addressing the core of GAMA’s recommendation for alignment. Further, having the SIC instrument experience requirements for powered-lift increases safety as explained in section V.J.5.ii. of this preamble. Regarding GAMA’s proposal that the FAA align all its regulations with ICAO guidance regarding powered-lift, the FAA has decided on a different path. After thorough consideration, detailed in section V.J.7. of this preamble, the FAA has determined that the skill level and knowledge required for pilots of powered-lift necessitate a more conservative stance instead of applying ICAO recommendation to § 135.245. The FAA adopts the provision as proposed in the NPRM. 8. Pilot Qualifications: Recent Experience (§ 135.247) Section 135.247 specifies the recent takeoff and landing experience that a PIC must complete within the preceding 90 days to carry passengers in an aircraft. Under § 135.247(a)(3), the PIC of a turbine-powered airplane type certificated for more than one pilot may complete an alternative to the night takeoff and landing requirements. To complete an alternate path, a PIC must serve as PIC of a turbine-powered airplane that is type-certificated for more than one pilot crewmember and comply with the requirements listed in the regulation. Based on the active certification projects for powered-lift, the FAA expected that a majority of powered-lift will not be type-certificated for more than one pilot crewmember. For the reasons stated in the NPRM, the FAA did not propose extending the alternative experience requirements in § 135.247(a)(3) to powered-lift and, therefore, proposed no amendments to § 135.247.377 377 88 E:\FR\FM\21NOR2.SGM FR 38946 at 39016 (June 14, 2023). 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 The FAA did not receive any comments on excluding powered-lift from the alternate provisions set forth by § 135.247(a)(3). Therefore, no regulatory changes are adopted in this final rule. 9. Initial and Recurrent Pilot Testing Requirements (§ 135.293) In the NPRM, the FAA proposed amendments to § 135.293, which pertain to initial and recurrent pilot testing requirements, to incorporate poweredlift where appropriate. While § 135.293 remains largely unchanged, modifications have been made to the following sections to accommodate powered-lift. Section 135.293(a)(9) specifies rotorcraft pilot testing requirements on recognizing and avoiding of hazardous visibility conditions like flat-light, whiteout, and brownout. The FAA proposed extending these requirements to powered-lift pilots, ensuring they are trained to recognize and avoid hazardous visibility conditions applicable to powered-lift. In § 135.293(b), which specifies the requirement for pilots to complete a practical skills and techniques competency check in the aircraft every 12 months, the FAA proposed that powered-lift pilots also complete these checks for each type of powered-lift they operate. This proposal ensures that powered-lift pilots maintain the same level of competency and proficiency as required for other aircraft types. Section 135.293(c) mandates competency checks for rotorcraft include demonstrations of maneuvering solely by reference to instruments and transitioning into VMC following an inadvertent encounter with IMC. Section 135.293(c) also requires that for non-IFR-certified rotorcraft, the pilot must perform maneuvers that are appropriate to the rotorcraft’s installed equipment, the certificate holders’ operations specifications, and the operating environment. Recognizing the critical importance of these skills, the FAA proposed applying these same evaluation and maneuver requirements to powered-lift pilots to ensure they possess the necessary capabilities to handle similar conditions. Finally, regarding § 135.293(h), the FAA proposed a permanent change to remove the compliance date memorialized in this paragraph and reserve it, as the compliance date has already passed. GAMA’s comments recommend applying ICAO guidance to read the terms ‘‘helicopter’’ or ‘‘rotorcraft’’ to apply to ‘‘powered-lift.’’ Specifically, GAMA proposes that § 135.293(a)(9), VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (b), (c), and (h), as addressed above, should be applicable to powered-lift. In response to GAMA’s comments to apply ICAO guidance, the FAA notes that the proposed language for § 135.293(a)(9) already aligns with this perspective by requiring powered-lift pilots to undergo testing for hazardous weather condition recognition and avoidance. Regarding § 135.293(b), the FAA adopts language similar to multiengine airplanes due to the complexity and unique nature of each powered-lift type, achieving similar outcomes to what helicopter-specific language would have necessitated. For § 135.293(c), the FAA’s proposal incorporates the more restrictive helicopter requirement for powered-lift, in line with GAMA’s suggestions. Finally, for § 135.293(h), the FAA’s proposal included the application of these sections to powered-lift. The FAA adopts the amendments to § 135.293 as proposed. 10. Pilot in Command: Instrument Proficiency Check Requirements (§ 135.297) i. Pilot in Command: Instrument Proficiency Check Requirements (§ 135.297(a) and (b)) Section 135.297 prescribes the instrument proficiency check (IPC) requirements for the PIC of a part 135 IFR operation. The requirements in § 135.297(a) and (b) would apply to powered-lift PICs in part 135 operations as written. The FAA did not receive any comments suggesting these provisions should not be applicable to poweredlift; therefore, no amendments are adopted in this final rule and § 135.297(a) and (b) will apply to pilots in command of powered-lift. ii. Pilot in Command: Instrument Proficiency Check (IPC) Requirements (§ 135.297(c)) The FAA proposed amendments to § 135.297(c) to include powered-lift in the IPC requirements for PICs. The regulation defines instrument checking maneuvers for PICs flying an airplane under § 135.243(a) (turbojet of 10 or more seats or a multi-engine commuter) or PICs of airplanes and helicopters conducting IFR operations under § 135.243(c). In addition to not addressing powered-lift IPC maneuver requirements, this regulation contains a regulatory gap in that it does not include a standard for helicopter operations conducted under § 135.243(a). The FAA proposed to amend § 135.297(c)(1)(i) to broadly refer to ‘‘aircraft’’ to ensure consistency in the PO 00000 Frm 00105 Fmt 4701 Sfmt 4700 92399 instrument proficiency check requirements across categories of aircraft. GAMA, as part of its broader argument that powered-lift should be considered add-on ratings to the existing categories of rotorcraft or airplane, proposed that the instrument proficiency check requirements for powered-lift in § 135.297(c)(1) match requirements with those of helicopters. GAMA’s recommendation would have powered-lift adhere to the instrument proficiency check requirements of a helicopter, which prior to this final rule would have applied instrument procedures and maneuvers at the commercial pilot certificate level to all § 135.297 checks for powered-lift even those operations that require the PIC to hold an ATP certificate (i.e., § 135.243(a)). The FAA maintains that every aircraft category should be evaluated on ATP instrument procedures and maneuvers when the operation requires the PIC to hold an ATP certificate. Limiting this evaluation requirement to airplanes while allowing helicopter and powered-lift operations to conduct checks at the commercialinstrument level would undercut the same rationale for holding the ATP certificate in the first place. Therefore, the FAA adopts § 135.297(c). iii. Pilot in Command: Instrument Proficiency Check Requirements (§ 135.297(g)) Section 135.297(g) specifies the checking requirements for PICs authorized to use an autopilot system in place of an SIC. The FAA proposed permanently amending paragraph (g)(3), which currently only references airplanes, to require that if the PIC is authorized to use an autopilot system in place of an SIC in any aircraft, the PIC must demonstrate proficiency in its use. This amendment will ensure all PICs are checked on autopilot systems to the same standard. Additionally, to provide sufficient time for existing rotorcraft operators to update their checking programs, if necessary, the FAA proposed a compliance date of six months after the effective date of the final rule for this paragraph. The FAA did not receive any comments on the alternate provision set forth by § 135.297(g). The provision is adopted as proposed. 11. Initial and Transition Training and Checking: Flight Instructors (Aircraft), Flight Instructors (Simulator) (§ 135.340) The FAA did not propose any changes in the NPRM to §§ 135.339 and 135.340 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92400 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations and, therefore, did not receive any comments on these provisions but finds amendments necessary due to related changes in this final rule. Section 135.340, which prescribes initial and transition training for instructors in aircraft and simulators, as currently written, applies to powered-lift flight instructors. To ensure the ATP certificate privileges contained in § 61.167(a) are not expanded as a result of the SFAR’s airman certification training curriculum, the FAA proposed a temporary limitation to prohibit ATP certificate holders with powered-lift ratings from instructing other pilots for the purpose of obtaining a commercial pilot certificate with a powered-lift category rating or an instrumentpowered-lift rating. Regulatory language in §§ 135.339 and 135.340 currently stipulates requirements that prevent flight instructors or check airmen from qualifying in aircraft without two pilot seats, which creates a conflict with the proposed SFAR single set of flight controls pathways. Specifically, § 135.339(e)(3) requires training and practice in conducting flight checks from both the left and right pilot seats for normal, abnormal, and emergency procedures to ensure competence in conducting the required pilot flight checks. Similarly, § 135.339(e)(4) requires safety measures likely to develop during checking to be taken from either pilot seat for emergency situations. Section 135.340 contains similar requirements necessitating dual controls in paragraphs (e)(3) and (e)(4) for flight instruction. In the case of single-pilot-seat powered-lift, the requirements under §§ 135.339 and 135.340 are not applicable due to there being no distinction between left and right pilot seats. Consequently, the FAA introduced regulatory flexibility within these sections to accommodate training in single-seat powered-lift. The amendments allow the collection of relevant data and other pertinent information during the SFAR period, which may inform future updates to the regulations as needed. Therefore, the FAA is revising §§ 135.339 and 135.340 to reflect training required from both the pilot seat and the observer seat (when applicable) to ensure instructors and check pilots are properly trained on techniques and procedures to observe all required maneuvers when using the single controls pathway. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 12. Pilots: Initial, Transition, and Upgrade Ground Training (§ 135.345) Section 135.345 establishes the requirements for initial, transition, and upgrade ground training for pilots and includes the requirements for what training must be completed. Poweredlift will be included under the proposed expanded scope of § 135.227(b) (as discussed in section VI.D.4. of this preamble), which will require training under § 135.354(b)(6)(iv) in certain icing-related requirements. Currently, § 135.354(b)(6)(iv), is limited to airplane operators seeking authorization to take off during ground icing conditions. To address this issue, the FAA proposed extending § 135.345(b)(6)(iv) to include powered-lift through § 194.247(d), which will require the icing-related training when applicable. The FAA did not receive any comments objecting to or suggesting modifications to § 194.247(d). Therefore, the FAA adopts the provision as proposed. K. Part 142 Training Centers To accommodate powered-lift in part 142 training centers, and harmonize requirements for airplanes, powered-lift, and rotorcraft, the FAA proposed to amend certain part 142 requirements. Specifically, the FAA proposed to amend §§ 142.11(d)(2)(iii), 142.47(c)(2), 142.53(b)(2) and (b)(3), and 142.57(c) to permit the use of FSTDs for powered-lift training, testing, and checking. These amendments will also harmonize the eligibility and testing requirements for instructors providing inflight training in powered-lift and training in an FSTD for all aircraft categories. 1. Subpart A—General Requirements (§ 142.11(d)(2)(iii)) Subpart A of part 142 prescribes the requirements governing the certification and operation of training centers and provides an alternative means to accomplish the training required by part 61, 63, 65, 91, 121, 125, 135, or 137. Section 142.11 sets forth the application requirements for issuance of a new or amended training center certificate and training specifications. Because the FAA expects training centers to use poweredlift FSTDs for training, testing, and checking, the FAA proposed an amendment to § 142.11(d)(2)(iii) to remove the terms ‘‘airplane’’ and ‘‘rotorcraft’’ and use the term ‘‘aircraft’’ to include powered-lift. With this amendment, training centers will be able to apply for training specifications and receive authorization for the use of FAA qualified powered-lift FSTDs, in addition to existing airplane and PO 00000 Frm 00106 Fmt 4701 Sfmt 4700 rotorcraft requirements. The FAA did not receive comments on this amendment and adopts the amendment, as proposed. 2. Subpart C—Personnel and Flight Training Equipment Requirements (§§ 142.47(c)(2) and 142.53(b)(2) and (b)(3)) Subpart C prescribes the personnel and flight training equipment requirements for a certificate holder that is providing training to meet the requirements of part 61. First, § 142.47 prescribes the eligibility requirements for instructors in an approved flight training course and, as relevant to this rulemaking, requires each instructor to satisfactorily complete a written test accepted by the Administrator as being of equivalent difficulty, complexity, and scope as the tests provided by the Administrator for the flight instructor airplane and instrument flight instructor knowledge tests. The FAA proposed to amend § 142.47(c)(2)(ii) to apply to the successful completion of the written test for the specific category of aircraft in which the instructor will instruct. The FAA did not receive comments on this amendment and adopts the amendment as proposed. Section V.G.3. of this preamble discusses additional amendments adopted within § 142.47. Next, § 142.53 prescribes further training center instructor training and testing requirements. Among other requirements, each instructor who instructs in a flight simulator for an ATP certificate test, type rating test (or both) must meet one of three requirements set forth in § 142.53(b)(1) through (3). Two of these options include participation in an approved line-observation program under part 121 or part 135, with certain parameters,378 or participation in an approved in-flight observation training course, with certain parameters.379 However, each of these options are airplane specific,380 leaving an instructor in another category of aircraft only the first compliance option in § 142.53(b)(1) (i.e., in flight operations). The FAA found, and maintains, 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 instructing in a rotorcraft or poweredlift as these options do in airplanes. Additionally, expanding the options to rotorcraft and powered-lift provides flexibility to select the best option for the instructor and training center. 378 § 142.53(b)(2). 379 § 142.53(b)(3). 380 §§ 142.53(b)(2)(i) E:\FR\FM\21NOR2.SGM 21NOR2 and (b)(3)(i). Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 Therefore, the FAA proposed to amend paragraphs (b)(2) and (b)(3) to change the word ‘‘airplane’’ to ‘‘aircraft’’ to encompass all aircraft categories. The FAA did not receive comments on these option expansions and adopts the amendment as proposed. Finally, § 142.57 prescribes the requirements for training center certificate holders and applicants that use aircraft for flight instruction. Specifically, § 142.57(b), as currently written, requires aircraft used for flight instruction to be at least a two-place aircraft with engine power controls and flight controls easily reached from both pilot stations. However, § 142.57(c) provides an exception to this requirement and allows a part 142 training center to use an airplane for flight instruction with certain controls 381 that are not easily reached and operated in a conventional manner by both pilots if the certificate holder has determined the instruction can be given in a safe manner considering the location of controls and their operation. Because the FAA’s original intention in implementing this regulation was to apply the exception to all aircraft, rather than only airplanes, the FAA proposed revising the exception in § 142.57(c) to apply to all aircraft. The FAA did not receive comments on the expanded flexibility and adopts the amendment as proposed. This preamble further discusses § 142.57 in the context of dual controls in section V.K.2. Adding Inceptors to the List of Controls in § 142.57(c) While the FAA did not receive comments on the proposed amendment to § 142.57(c) adopted herein, Eve recommended that inceptors be added to the types of controls referred to in § 142.57(c) as excepted from § 142.57(b). In other words, Eve’s proposed amendment would permit and expand the exception to controls that are required to be easily reached and operated in a conventional manner by both pilots during flight instruction. Eve did not provide supporting arguments for the exclusion of inceptors as compared to other controls; however, the FAA maintains that these controls in particular are critical to maintaining safety in in-flight instruction and, therefore, declines to expand the exception to inceptors. Section 142.57(c) identifies several controls excepted from meeting the standard in § 142.57(b) in recognition that certain uniquely configured aircraft 381 Section 142.57(c) specifically delineates controls such as nose-wheel steering, switches, fuel selectors, and engine air flow controls. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 could be safely operated in the context of flight instruction: nose-wheel steering, switches, fuel selectors, and engine air flow controls. In a broad context, inceptors are flight-critical controls on fly-by-wire aircraft used to adjust the flight path of an aircraft that are not excepted from the requirements of § 142.57(b). As previously defined in footnote 35 of this preamble, the term ‘‘inceptor’’ refers to a wide variety of non-traditional pilot controls through which pilot inputs are managed for the purpose of operating the powered-lift. Due to the breadth of piloting tasks and systems that inceptors govern, systems that are critical must be accessible by both pilots during flight training. Given these considerations, as well as the wide variety of powered-lift designs and control features expected, the FAA does not find it appropriate to extend relief in § 142.57(c) to inceptors at this time. The FAA considered the challenges imposed by some new-entry powered-lift which may have only one set of controls (e.g., inceptors) or one pilot station, which is discussed in section V.D. of this preamble. 3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in Training Courses Under Part 142 (§ 194.251) Finally, the FAA proposed to relieve an applicant from the requirement to receive flight training on a task (or perform the task on a practical test) in accordance with an examiner’s waiver authority because the powered-lift is incapable of performing the task. In turn, the FAA proposed that a training course for which approval is requested is not required to include training on a task specified in an area of operation if the powered-lift is not capable of performing the task, provided the FAA has issued waiver authority for that task in accordance with § 194.207(b). The FAA proposed this relief in § 194.251 and did not receive any comments on this provision. As discussed in section V.H.1. of this preamble, the FAA adopted the described training and testing relief as proposed; therefore, this final rule adopts § 194.251 as proposed. L. Subpart K of Part 91 Pilot Qualifications Subpart K of part 91 allows for fractional owners and their respective management company to share operational control of an aircraft. This subpart details certain operational considerations pertaining to fractional ownership programs to include safety standards for pilot training and qualifications. In the NPRM, the FAA discussed how the current regulatory PO 00000 Frm 00107 Fmt 4701 Sfmt 4700 92401 framework as well as proposed amendments would be applicable to fractional ownership programs using powered-lift. Section 91.1053 prescribes the FAA certification and ratings required to serve as a pilot in aircraft under a fractional ownership program and is applicable to powered-lift as written. Section 91.1053(a)(2)(i) requires the PIC of a powered-lift to hold an ATP certificate and applicable type ratings to conduct operations under subpart K of part 91. The FAA proposed a permanent amendment to § 91.1053(a)(2)(i) to clarify that the type rating required to operate under subpart K of part 91 cannot be limited to VFR-only operations. The FAA received one comment in response to this proposal from Eve who proposed that the FAA apply the same requirements of pilot qualifications as already specified in § 135.243(b) 382 to fractional operators under subpart K of part 91. Eve suggested their proposal will allow future operators to foster the market from a less complex start, which the FAA interprets to mean an entrance into the market that is on par with similarly situated airplane operators, as well as address the current shortage of professional pilots available in the U.S. market. Eve also proposed revising the pilot qualification minima in § 135.243(b) to allow an airplane or helicopter instrument rating in place of a powered-lift instrument rating. Eve suggested this revised version of § 135.243(b) could also be incorporated into § 91.1053 to apply to subpart K of part 91 operators. The FAA determined that there is a significant safety advantage to being instrument rated in the category of aircraft flown and that instrument experience in other categories does not automatically provide the knowledge or skills to safely pilot the aircraft in an inadvertent instrument conditions encounter.383 The FAA, accordingly, adopts § 91.1053 as proposed. Section 91.1055 prescribes pilot operating limitations and pairing requirements for fixed-wing program 382 Section 135.243(b) outlines who may serve as PIC of an aircraft under VFR, and it includes a person who (1) holds at least a commercial pilot certificate with certain ratings, (2) has had at least 500 hours time as a pilot, including cross-country flight time and at night, (3) for an airplane, holds an instrument rating or an ATP certificate with an airplane category rating, or (4) for helicopter operations conducted VFR over-the-top, holds a helicopter instrument rating or an ATP certificate with a category and class rating for that aircraft, not limited to VFR. 383 As discussed, § 135.243(b) contains the PIC qualification requirements for aircraft operated under VFR. E:\FR\FM\21NOR2.SGM 21NOR2 92402 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations aircraft. The regulation requires the PIC to execute takeoffs and landings under certain operational conditions when the SIC has less than 100 hours of flight time as SIC in the aircraft make and model and type, if a type rating is required, and the PIC is not an appropriately qualified check pilot. The FAA proposed that this rule apply to powered-lift in § 194.245. The FAA received no comments and therefore adopts § 194.245 as proposed. Section 91.1065 prescribes the initial and recurrent pilot testing requirements. Section 91.1065(b) specifies ‘‘multiengine aircraft;’’ therefore, the parts of this section that reference aircraft are applicable to powered-lift. As described in the NPRM, all poweredlift 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. The FAA did not receive any comments related to § 91.1065. As such, in accordance with existing § 91.1065(b), PICs and SICs of poweredlift 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. lotter on DSK11XQN23PROD with RULES2 VI. Operational Rules for Powered-Lift A. Introduction As noted in the Executive Summary, the FAA received comments requesting that the FAA apply a more performancebased approach to the SFAR operational rules rather than largely apply the airplane provisions to powered-lift operations. As discussed in this section, the FAA determined that applying performance-based criteria to allow some powered-lift to use the rotorcraft/ helicopter provisions for some of the operational rules is appropriate. As a result, and as discussed below in more detail, the FAA has created operational flexibility by establishing some performance-based standards for powered-lift operations. The FAA notes there were four different regulatory tables in the proposed SFAR. The FAA addressed the parts 91 and 135 airplane provisions in the tables to §§ 194.302 and 194.307. It addressed the parts 91 and 135 helicopter and rotorcraft provisions in the tables to §§ 194.303 and 194.308. For the final rule, the FAA has combined the part 91 airplane and rotorcraft tables, now found at § 194.302, and the part 135 airplane and rotorcraft tables, now found at § 194.306. Finally, the FAA notes that it made a technical amendment to § 194.301 to VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 provide further clarity. There are some existing regulatory sections that reference a specific category of aircraft such as airplanes or rotorcraft. If any of those references are not clarified in the SFAR regulatory text, then the FAA intended for them not to apply to powered-lift. Consequently, the FAA amended § 194.301 to state, ‘‘In addition, any sections or paragraphs within sections under parts 91 and 135 that refer to specific categories of aircraft and that are not referenced in the SFAR tables to § 194.302 or § 194.306, do not apply to powered-lift.’’ B. Part 91 Rules for Powered-Lift Section 91.9(a) and (b) specify the requirements for complying with the operating limitations in an approved Airplane or Rotorcraft Flight Manual, and requirements for maintaining the Airplane or Rotorcraft Flight Manual in the aircraft, as appropriate to the aircraft. The FAA proposed in § 194.302(a) to apply the requirement to comply with the operating limitations of the aircraft’s approved flight manual to powered-lift and to maintain the flight manual in the powered-lift. The FAA also proposed a permanent amendment to § 91.1(d) to change the term ‘‘airplane’’ to ‘‘aircraft’’ because these provisions apply to all aircraft. The FAA did not receive any comments related to these proposals and is therefore adopting § 194.302(a) and the amendment to § 91.1(d) as final. The FAA received a general comment about the proposed rules for poweredlift and part 91. AOPA argued the proposed SFAR did not sufficiently address requirements for private powered-lift operations to be conducted under part 91. AOPA indicated they expect an increase in private operations within a few years and requested clarification on private operating requirements. The FAA disagrees with AOPA that the SFAR does not address requirements for ‘‘private’’ operations. The FAA asserts that operations that are not commercial operations are regulated by part 91. During this rulemaking, the FAA evaluated the part 91 regulations to determine how they apply to poweredlift. As discussed in the NPRM, the part 91 rules pertaining to ‘‘aircraft’’ already apply to powered-lift.384 The FAA then evaluated every part 91 rule pertaining to ‘‘airplanes,’’ ‘‘helicopters,’’ and ‘‘rotorcraft’’ and determined if and how each of those would apply to poweredlift. Those regulations are outlined in the SFAR under § 194.302. As a result, 384 See 88 FR 38946 at 39024–39025 (June 14, 2023). PO 00000 Frm 00108 Fmt 4701 Sfmt 4700 the regulations outlined in § 194.302 address non-commercial operations (what the commenter is referring to as ‘‘private’’ operations). 1. Flight Rules Section 91.103 requires a PIC to be familiar with all available information concerning that flight. Section 91.103(b)(1) states that this information must include takeoff and landing distance data as specified in an approved Airplane or Rotorcraft Flight Manual. The FAA proposed in § 194.302(b) that powered-lift with an AFM approved through the aircraft certification process in part 21 comply with the provisions in § 91.103(b)(1). The FAA did not receive any comments related to this proposal and is therefore adopting § 194.302(b) as final. Section 91.107 prescribes rules related to the use of safety belts, shoulder harnesses, and child restraint systems. Specifically, § 91.107(a)(3)(i) through (iii) requires that each person onboard an aircraft operated under part 91 occupy an approved seat or berth with a separate safety belt and, if installed, shoulder harness properly secured about the person during movement on the surface, takeoff, and landing. The FAA proposed in § 194.302(c) to apply § 91.107(a)(3)(i) through (iii) to powered-lift. For seaplane and float-equipped rotorcraft operations during movement on the surface, § 91.107(a)(3) excepts the person pushing off the seaplane or rotorcraft from a dock and the person mooring the seaplane or rotorcraft at a dock from the preceding seating and safety belt requirements. The FAA proposed in § 194.302(c) to apply the same exception to powered-lift when the powered-lift is operating like a seaplane or float-equipped rotorcraft. The FAA did not receive any comments related to § 194.302(c) and is therefore adopting § 194.302(c) as final. Section 91.113 prescribes the rules for converging aircraft based on category and type of operation (e.g., towing). Under § 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 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 91.113(d)(1) through (3). The preamble for the original right-of-way rule states ‘‘an aircraft will give way to another of a different class which is less maneuverable and is unable to take as effective action to avoid collision.’’ The FAA proposed in § 194.302(d) that powered-lift comply with the airplane provisions in this paragraph and yield right-of-way as prescribed in this section. The FAA received three comments related to § 91.113 and the proposed § 194.302(d). ALPA expressed support for including powered-lift in the same right-of-way category as airplanes and rotorcraft. An anonymous commenter stated they believe it is important that all pilots have the same understanding of which aircraft have the right-of-way, and therefore recommended the FAA make a permanent change to § 91.113(d)(2) and (3) instead of publishing this change in the SFAR. An individual commenter asked the FAA to elaborate on why powered-lift is proposed to be grouped with these other aircraft types and how this categorization ensures safe and efficient traffic flow. Right-of-way rules maintain the privilege of less maneuverable aircraft to safely proceed with priority over more maneuverable aircraft in the NAS. The proposed § 91.113(d)(2) continues to give gliders right-of-way over powered aircraft such as airplanes, powered-lift, and rotorcraft. Additionally, the proposed § 91.113(d)(3) continues to give airships right-of-way over all other powered aircraft, except for those aircraft that are towing or refueling another aircraft. Balloons will continue to have the right-of-way over any other aircraft category. The FAA agrees with the commenter that § 91.113 should outline the powered-lift right-of-way rule instead of the SFAR so that all pilots understand how powered-lift should be treated in the NAS under the right-of-way rules. The FAA recognizes that a separate rulemaking, the Modernization of Special Airworthiness Certification NPRM (‘‘MOSAIC’’),385 has proposed language under § 91.113 that would apply to ‘‘powered aircraft.’’ The FAA is promulgating this powered-lift final rule before the MOSAIC final rule. As a result, any changes included in the final MOSAIC regulatory text for § 91.113 will supersede the powered-lift § 91.113 language once MOSAIC is finalized and effective. Nevertheless, the language in this rule allows powered-lift to operate under the § 91.113 right-of-way rules. 385 See 88 FR 47650 at 47704 (July 24, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Therefore, the FAA adopts the proposal under § 194.302(d) as a permanent amendment. The FAA recognizes the importance of all pilots understanding the right-of-way rules set forth in § 91.113. Consequently, instead of placing the final language within the SFAR, it is now a permanent change within § 91.113. Under § 91.113(d)(2), a glider has the right-of-way over an airship, powered parachute, weightshift-control aircraft, airplane, poweredlift, or rotorcraft. Under § 91.113(d)(3), an airship has the right-of-way over a powered parachute, weight-shift-control aircraft, airplane, powered-lift, or rotorcraft. Section 91.119 prescribes the minimum safe altitude (MSA) for aircraft operations. This section establishes less restrictive minima for helicopters, which in certain circumstances as described in § 91.119(d), are allowed to operate below the minimum altitudes prescribed for airplanes in § 91.119 (b) and (c). The justification for allowing helicopters to operate below minimum altitudes was based on helicopter performance capability. Accordingly, the FAA did not propose to apply the helicopter minimum altitude requirements of § 91.119 to powered-lift. The rationale for this was based on the understanding that powered-lift will likely operate like airplanes in cruise flight, requiring more time and distance to correct their flightpath to avoid other aircraft and obstacles. The FAA proposed powered-lift operators comply with the minimum altitude requirements prescribed § 91.119 (b) and (c). The FAA received eight comments related to § 91.119 and minimum safe altitudes. ALPA supported the proposed exclusion of powered-lift from § 91.119(d). Eve recommended that powered-lift, based on anticipated operational performance such as speed and maneuverability, utilize the same MSA requirements as those applied to helicopters. In a group comment, Archer, CAE, GAMA, Joby, AWPC, Lilium and NBAA suggested that the FAA consider the operational capabilities of powered-lift (e.g., vertical capabilities) when applying the minimum safe altitude requirements. The FAA has reevaluated its proposal and has determined that certain powered-lift, similar to helicopters, have operating characteristics that enable them to land in a relatively small space, such as their ability to autorotate (or perform an equivalent maneuver) with precision during power-out PO 00000 Frm 00109 Fmt 4701 Sfmt 4700 92403 emergencies. Therefore, the FAA agrees with the group commenters that those powered-lift that have demonstrated the capability to autorotate or conduct an approved equivalent maneuver should also be allowed the same minimum safe altitudes as those afforded to helicopters in § 91.119(d). The FAA has determined there would be no adverse effect on safety to allow certain powered-lift to utilize helicopter minimum safe altitudes. As such, the FAA adopts a performance-based rule allowing powered-lift operating in the vertical-lift flight mode to use an altitude lower than that specified for airplanes in certain circumstances. This rule is being adopted as § 194.302(d). Importantly, the FAA notes that some helicopter routes may be lower than the minimum altitude published in the AFM for a given powered-lift configuration (e.g., an altitude which enables a transition from wing-borne flight to vertical-lift flight mode at an altitude sufficient to conduct a safe autorotation, or an approved equivalent maneuver, to a landing). Regardless of any clearance or helicopter route prescribed altitude, no powered-lift may operate lower than any AFM limitation (or any other limitation, e.g., MEL, etc.). The FAA reiterates that a clearance by air traffic does not grant exemption from any other rule. Section 91.9 requires compliance with all AFM-prescribed operating limitations, subject to limited exception provided in § 91.9(d). Section 91.126(b) describes directions of turns when approaching to land at an airport without an operating control tower in Class G airspace. The FAA proposed in § 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 wingborne flight mode, similar to airplanes. The FAA proposed in § 194.303(b)(1) to apply the helicopter provisions detailed in § 91.126(b)(2) to powered-lift when the powered-lift intends to land in vertical-lift flight mode. The FAA did not receive any comments related to the proposed § 194.302(e) or § 194.303(b)(1). The FAA is adopting both proposed changes as final in § 194.302(e) and § 194.302(f). Section 91.126(c) outlines the final flap settings required for turbojetpowered airplanes as outlined in the Airplane Flight Manual. Specifically, § 91.126(c) requires the PIC of a civil turbojet-powered aircraft to use, as a final flap setting, the minimum certificated landing flap setting set forth in the approved performance information in the Airplane Flight Manual for the applicable conditions. The FAA is not aware of any turbojet- E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92404 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations powered powered-lift currently in the certification process, nor are any anticipated during the term of this SFAR. To ensure that powered-lift can land safely at airports in Class G airspace, the FAA did not propose to apply this paragraph to powered-lift. The FAA received no comments on this and, as proposed, will not apply § 91.126(c) to powered-lift. Section 91.129 provides various requirements for operations in Class D airspace, which will each be discussed, in turn. Comments and FAA responses related to this rule have been consolidated at the conclusion of this section. The provisions of §§ 91.129(a) through (d), (g)(1), and (i) refer to aircraft, and accordingly are already applicable to powered-lift. However, § 91.129(e)(1) and (e)(2) require minimum altitudes when operating at an airport in Class D airspace in large or turbine-powered airplanes. To remain consistent with this established agency policy for aircraft operations that are likely to result in similar noise due to size and powerplant, the FAA proposed in § 194.302(f) that large or turbinepowered powered-lift comply with § 91.129(e)(1) and (e)(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. 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 proposed in § 194.302(f) that large or turbinepowered powered-lift also need to comply with this requirement to ensure that powered-lift will be operated at an equivalent level of safety to existing large or turbine-powered airplanes. Section 91.129(h) states that, where a formal runway use program has been established by the FAA, each pilot of a large or turbine-powered airplane assigned a noise abatement runway by ATC must use that runway. However, consistent with the final authority of the PIC concerning the safe operation of the aircraft as prescribed in § 91.3(a), ATC may assign a different runway if requested by the pilot in the interest of safety. This requirement is consistent with previously established FAA policy regarding noise abatement and operational safety, and the FAA considers this requirement to be appropriate for powered-lift operations VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 to ensure adequate noise abatement. The FAA proposed in § 194.302(f) that large or turbine-powered powered-lift comply with § 91.129(h). Airbus Helicopters provided a comment related to § 91.129(e)(1), (e)(2), (g)(2), and (h). In this comment, Airbus Helicopters stated that powered-lift design will have a significantly reduced noise footprint compared to large airplanes, and therefore, the FAA should consider lower altitude minima in Class D airspace. Airbus Helicopters proposed the following regulatory amendment: ‘‘Section 91.129(e)(1) and (2), (g)(2), and (h) or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter.’’ The FAA finds that there is insufficient data to support Airbus Helicopters’ claim that powered-lift designs will have a significantly reduced noise footprint compared to large airplanes. Furthermore, the FAA notes that operators may seek relief from this rule by applying for a waiver in accordance with § 91.903. The FAA is adopting the requirements for applying § 91.129(e)(1) and (2), (g)(2) and (h) to powered-lift, as proposed, in § 194.302(g). Section 91.129(e)(3) states a pilot operating an airplane approaching to land on a runway served by a visual approach slope indicator (VASI) must operate that airplane at an altitude at or above the glide path until a lower altitude is necessary for a safe landing. The requirement for all airplanes to remain at or above the glide path provides an additional measure of safety such as obstacle clearance to airplanes during their approach. The FAA proposed in § 194.302(g) that poweredlift intending to land in wing-borne flight mode must comply with this provision of paragraph (e)(3) to ensure adequate obstacle clearance is maintained during the approach. Compliance with this provision would not be required for those powered-lift intending to land in vertical flight mode as they will be flying slower than when in forward flight (wing-borne flight mode) similar to a helicopter. The FAA received no comments on the proposed § 194.302(g) and therefore, as a result of renumbering, adopts this provision in § 194.302(h) as final. Section 91.129(f) imposes requirements for approaches in Class D airspace, except when conducting circling approaches under part 97 for airplanes and helicopters. The FAA anticipates that powered-lift will often transition from forward flight (wingborne flight mode) to vertical flight (vertical-lift flight mode) upon entering PO 00000 Frm 00110 Fmt 4701 Sfmt 4700 the traffic pattern in order to land like a helicopter. The FAA proposed in § 194.302(h) that powered-lift must comply with § 91.129(f)(1) when the operator intends to land the poweredlift in wing-borne flight mode. When the operator of the powered-lift intends to land in vertical-lift flight mode, however, the operator must comply with the helicopter provisions detailed in § 91.129(f)(2), as proposed in § 194.303(b). This application of the rule gives flexibility to the novel capabilities of powered-lift while maintaining operational safety by using the standard traffic pattern flow at airports. The requirements of §§ 91.129(f)(1) and (2) do not apply to powered-lift conducting a circling approach under part 97 because a circling approach may have specific procedures established or turns may be requested by ATC to ensure safety in the traffic pattern. The FAA did not receive any comments and therefore, as a result of renumbering, adopts these requirements in §§ 194.302(i) and 194.302(j) as final. Section 91.131 contains rules governing operations in Class B airspace. Paragraph (a)(2) of this section requires that each person operating a large turbine-engine powered airplane to or from a primary airport for which Class B airspace area is designated must operate at or above the designated floor of the Class B airspace while within the lateral limits of that area. The FAA proposed in § 194.302(i) that § 91.131(a)(2) should apply to large powered-lift regardless of powerplant type. The FAA received no comments on § 194.302(i) and therefore, as a result of renumbering, adopts this proposal in § 194.302(k) as final. Section 91.151 requires airplanes to carry a 30-minute fuel reserve for daytime operations and a 45-minute fuel reserve for nighttime operations. In contrast, rotorcraft only require a 20minute fuel reserve regardless of whether the operation occurs during the day or night. For powered-lift, the FAA proposed in § 194.302(j) that poweredlift must comply with the airplane reserve requirements in § 91.151(a) due to the lack of powered-lift operational data to support use of the less restrictive rotorcraft fuel reserve. The FAA received 21 comments related to the proposed § 194.302(j). Two commenters supported the proposed fuel reserve requirements, while 19 proposed an alternative to the FAA’s original proposal. ALPA said these requirements would enable normalized integration of aircraft with novel power sources and are necessary to achieve equivalent levels of safety to current aircraft operational E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations requirements, even if they result in limiting flight times for some poweredlift. Electra.aero posited that electric energy storage technologies still have significant uncertainties that warrant a more conservative approach until sufficient operational experience is achieved. Other commenters suggested the proposed fuel requirements could be detrimental to enabling powered-lift operations. Bristow argued that the proposed requirements would limit the scope of missions that powered-lift can accomplish, which would negatively impact the economic benefits and travel efficiencies that these vehicles would otherwise provide. Bristow, Airbus Helicopters, and Joby all contended that electric powered-lift may be unable to meet the energy reserve requirements necessary to operate. BETA said that, for short-duration flights, the proposed requirements could mean requiring more than double (for VFR) or triple (for IFR) the required energy, which it said is a heavy burden compared to the impact of the same reserve on traditional aircraft. AgustaWestland Philadelphia Corporation (AWPC) stated that the proposed requirements would reduce their vehicle’s range and payload by 10–15 percent. Several commenters recommended applying current helicopter fuel minimum requirements in § 91.151(b) to powered-lift. These commenters, including CAE, the Vertical Flight Society, Bristow, GAMA, and Joby noted similarities between helicopters and powered-lift, including their maneuverability at low speeds and the flexibility to land safely at varied locations due to their vertical landing capabilities. AWPC suggested that VTOL-capable powered-lift should be allowed to use helicopter VFR fuel reserves, while powered-lift authorized to utilize copter procedures should be allowed to use helicopter IFR fuel reserves. Archer added that many powered-lift, unlike helicopters, have no single-pointof-failure vulnerabilities. Additionally, Archer said that, because § 91.151(b) applies to the entire rotorcraft category, other aircraft that are typically incapable of vertical operations like gyrocopters are still regulated by the 20minute fuel reserve requirement due to their ability to land in confined areas. Archer stated that electric powered-lift can land vertically in zones smaller than typically needed for gyrocopters and often require less surface area to conduct a landing than many helicopters. Several commenters recommended the FAA consider applying performance-based reserve requirements VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 that consider each powered-lift’s characteristics and intended operations. Bristow said there is precedent for this type of approach in §§ 121.645 and 121.646 where the FAA applies different fuel reserve criteria for domestic, flag, and ETOPS commercial airline operations. Supernal suggested revising the existing fuel reserve requirement to a performance-based standard for powered-lift to maintain an equivalent level of safety. Eve and L3Harris recommended adding language to part 194 that would allow for reduced energy requirements (subject to approval of the Administrator) based on a specific risk mitigation assessment, including energy consumption data, energy planning and in-flight energy management, and selection of alternate landing sites. GAMA and Joby added other factors to consider in an assessment, including environmental factors, performance capabilities, weather patterns, and air traffic. These commenters referenced a white paper 386 from GAMA that they said provided more information on this issue. ANAC suggested fuel reserve requirements could be defined case-bycase based on the ConOps presented for the project. The FAA stated in the NPRM that it did not have sufficient operational data to reduce fuel requirements. In response, AWPC said the Bell-Boeing V–22 Osprey shares performance characteristics with one of the company’s powered-lift designs and has more than 20 years of flight experience with hundreds of thousands of flight hours accumulated that could provide relevant data. An individual pilot suggested the FAA seek input from the pilots currently flying powered-lift to better understand their operational experience. The FAA has reconsidered its position regarding § 91.151. In verticallift flight mode, a powered-lift can operate in a manner similar to a helicopter. As such, powered-lift require less surface area for a landing, thereby increasing the number of available landing sites, both planned and unplanned. Risk is further mitigated when operations are conducted under VFR. The FAA has concluded that, provided the powered-lift is continuously capable of conducting a landing in the vertical-lift mode along the entire route of flight, there is no adverse effect on safety to allow powered-lift to utilize rotorcraft VFR 386 General Aviation Manufacturers Association, Managing Range and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-content/uploads/ Managing-Range-and-Endurance-of-BatteryElectric-Aircraft_v1-1.pdf. PO 00000 Frm 00111 Fmt 4701 Sfmt 4700 92405 fuel requirements in accordance with § 91.151(b). However, if the powered-lift cannot be assured of a safe landing in the vertical-lift flight mode along the entire route of flight, then compliance with § 91.151(a) would be required. Indications that a powered-lift may not be assured of a safe landing in verticallift flight mode along the entire route of flight may include a limitation or requirement in the AFM which would preclude such a landing. Likewise, the powered-lift may not be capable of transitioning from wing-borne to vertical-lift flight mode quickly enough to comply. This provision will not prevent a powered-lift from operating in wing-borne flight mode. Rather, it will require the powered-lift to have the performance capability, as detailed in the AFM, to conduct a landing in vertical-lift flight mode along the entire route of flight in order to take advantage of the rotorcraft VFR fuel requirements. Therefore, as a result of renumbering, the FAA adopts this proposal, as amended, in § 194.302(l). Sections 91.155 and 91.157 permit helicopters to operate under lower visibility and cloud clearance minima than airplanes. The FAA determined that powered-lift possess a wider range of characteristics, with some operating more akin to airplanes during cruise flight. The FAA proposed in § 194.302(k) that powered-lift comply with the more restrictive airplane weather minima in §§ 91.155 and 91.157. The rationale for the proposed § 194.302(k) was that powered-lift will likely operate similar to an airplane in cruise flight, thus requiring more time and distance to correct their flightpath to avoid other aircraft and obstacles. As such, a higher visibility minimum is needed to ensure safety. The FAA received 13 comments in response to this proposal. Two commenters expressed support. Eleven commenters proposed an alternative to the FAA’s original proposal. Electra.aero and ALPA expressed support for the proposed weather minima for powered-lift. Electra.aero stated that the ability for eVTOL aircraft to hover at lower, helicopter-like speeds is often limited by the battery thermal capability that only provides a few minutes of hover time. Archer suggested replacing categorybased operational rules regarding visibility minimums with type-specific rules informed by the type certification and FSB process, similar to that proposed in the NPRM for airworthiness evaluation and eligibility for Copter Procedures. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92406 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations GAMA stated powered-lift possess helicopter-like maneuverability, safe operation at low airspeeds and altitudes, and the capability of vertical takeoff and landing. Given these characteristics, the helicopter provisions of this rule should apply. The ability of helicopters to operate at lower speeds and with increased maneuverability while maintaining safety under less restrictive minima should be considered for powered-lift. Therefore, the exception incorporated in § 91.155 should allow powered-lift pilots to take advantage of their aircraft’s capabilities while ensuring an equivalent level of safety. Several commenters recommended applying helicopter weather minima requirements of § 91.155(b)(1) instead of the airplane requirements of § 91.155(b)(2). Commenters such as GAMA argued that, when determining appropriate weather minima requirements, powered-lift are more comparable to helicopters than airplanes in their ability to land immediately if conditions deteriorate, and fly at slow speeds with high maneuverability. Joby asserted that grouping powered-lift with helicopters would benefit all air traffic due to the two categories’ similarities in performance and maneuverability. AWPC stated that restricting poweredlift from utilizing helicopter minima contradicts the FAA’s intent (in §§ 91.126 and 91.129) for powered-lift in vertical-lift flight mode to adhere to helicopter directions of turn when operating in a traffic pattern. Lilium said that powered-lift are designed to operate in low-altitude environments for short routes, and therefore using helicopter VFR minimum weather requirements could improve airspace congestion by providing the ability to operate at lower enroute altitudes. Eve suggested that Multi Electric Propulsion Systems (MEPS) are capable of assuring maneuverability comparable to helicopters even when deviating from clouds, traffic, and obstacles. Some commenters contended that applying helicopter weather minima requirements to powered-lift would provide a higher level of operational safety. CAE, Joby, and NBAA contended that many powered-lift will cruise at speeds lower than the fastest helicopters, which are subject to less restrictive minima than those proposed in the NPRM. These commenters also justified imposing less restrictive weather minima requirements for powered-lift due to similar qualities as helicopters by referencing excerpts from the NPRM. AIR VEV disagreed with the FAA’s assertion that powered-lift in cruise VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 operations, ‘‘perform similar to an airplane, operating at high speeds and possibly without the ability to maneuver as quickly as a helicopter.’’ AIR VEV said this statement is not true for the powered-lift it is manufacturing. AWPC suggested the Bell-Boeing V– 22 Osprey provides a precedent for applying lower weather minima requirements to turbine-powered tiltrotor aircraft. Commenters also highlighted certain enhanced safety features of powered-lift as justification for reducing the proposed weather minima requirements. Joby said that most powered-lift will use advanced flight control systems with advanced means of flight stabilization, flight augmentation, and envelope protection to allow for much safer flight in situations with reduced visibility by minimizing loss of control during unintentional flight into IMC. Lilium, Joby, and AIR VEV suggested that the FAA could establish special allowances for VFR weather minima based on characteristics of each individual powered-lift and the type of operation being conducted. Lilium said this approach would be consistent with ICAO Doc. 10103.387 The FAA has reconsidered its position regarding § 91.155 and § 91.157. The FAA agrees with the commenters that weather minima are based on aircraft speed and maneuverability. Helicopters operate at lower speeds and are capable of greater maneuverability than other aircraft. This allows pilots to see and avoid other air traffic or obstructions in time to prevent a collision. Powered-lift have equivalent maneuvering capabilities to helicopters when operating in vertical-lift flight mode. For this reason, the FAA agrees there should be no adverse effect on safety for powered-lift operating in the vertical-lift flight mode to utilize the same VFR weather minima as helicopters. Therefore, the FAA will incorporate a change from the visibility minimums in proposed § 194.302(k) by allowing powered-lift operating in the vertical-lift flight mode to comply with the helicopter visibility minimums prescribed in § 91.155(a) and (b)(1). In addition, the helicopter exceptions of § 91.157(b)(3), (b)(4), and (c) will also be applicable to powered-lift when operating in the vertical-lift flight mode. Powered-lift seeking to use the helicopter visibility minimums must be operated at a speed that allows the pilot 387 Guidance on the Implementation of ICAO Standards and Recommended Practices for Tiltrotors (10103), International Civil Aviation Organization (2019), is available for purchase in the ICAO Store. PO 00000 Frm 00112 Fmt 4701 Sfmt 4700 enough time to see and avoid any other air traffic or any obstructions in time to avoid a collision. A powered-lift which cannot be operated at a speed that allows the pilot enough time to see and avoid any other air traffic or any obstructions to avoid a collision, regardless of the mode of flight, must comply with the airplane visibility minimums prescribed in § 91.155(a) and (b)(2) and are not authorized to use the helicopter exceptions of § 91.157(b)(3), (b)(4), and (c). Therefore, the new SFAR provision related to § 91.155(a) is adopted at § 194.302(m), and the new SFAR provision related to § 91.155(b)(1) is adopted at § 194.302(n). The proposed § 194.302(k), pertaining to § 91.155(b)(2), is being adopted as amended at § 194.302(o). Finally, the new SFAR provision related to § 91.157(b)(3), (b)(4), and (c) is adopted at § 194.302(p). Sections 91.167 and 91.169 prescribe certain operational requirements for IFR flight. The FAA received numerous comments related to performance-based changes proposed for both rules. Because both sections relate to IFR operations, the FAA proposes changes that are similar in nature, whereby a powered-lift may be operated using helicopter minimums, provided the powered-lift is authorized to conduct Copter Procedures, defined in part 97, and is continuously capable of conducting a landing in the vertical-lift flight mode along the entire route of flight, as outlined in the response to § 91.169(b) and (c) of this section. These changes are described in greater detail in the following paragraphs. Section 91.167 prescribes the fuel requirements for flight in IFR conditions. Under § 91.167, helicopter operations are permitted with lower fuel minima. Section 91.167(a)(3) requires aircraft, other than helicopters, to carry a 45-minute fuel reserve and helicopters to carry a 30-minute fuel reserve. The FAA proposed that powered-lift should initially have a 45-minute fuel reserve, consistent with other aircraft requirements. Under § 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 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations be at least 3 statute miles, the fuel reserve necessary to fly to the alternate airport is not required. The FAA did not propose changes to the current applicability of § 91.167(b)(2)(i), which would require powered-lift to comply with the requirements imposed on aircraft other than helicopters, to ensure an appropriate level of risk mitigation for these new-entrant aircraft. An anonymous commenter agreed with the FAA proposal to retain the IFR fuel requirements for aircraft other than helicopters, as prescribed in § 91.167(a) and (b) as proposed in the NPRM.388 Several commenters proposed that the FAA should revise the SFAR to allow powered-lift to comply with the helicopter fuel requirements. Joby stated the FAA should amend the part 194 requirements that specify fuel reserves for powered-lift to align with today’s requirements for helicopters. Bristow believed imposing fixed wing aircraft fuel minimums is overly restrictive, offering no additional safety benefits over the helicopter fuel minimums. Bristow argued that the FAA should apply the minimum fuel reserve requirements associated with helicopters to operations by poweredlift. However, Bristow also believed that a more nuanced approach to fuel reserve minimums, based on mission-type and duration, is both possible and desirable. In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and Vertical Flight Society (VFS) collectively stated that the FAA failed to consider powered-lift characteristics and operating environment by unilaterally applying airplane fuel reserves to all powered-lift. The group comment argued that the FAA should consider the capabilities of powered-lift and apply ICAO Document 10103 to its assessment of operational rules. In the alternative, the group comment suggested that the FAA should provide a pathway for an operator or manufacturer to seek approval or authorization to adopt the alternate rule. Ten commenters proposed that the FAA should revise § 91.167 to be a performance-based standard for powered-lift. Archer urged the FAA to provide a path to performance-based fuel reserves and reconsider the proposal that it believes arbitrarily assigns airplane fuel reserve regulations to an aircraft capable of vertical operations. Archer also argued that the FAA should follow the safe, long-standing precedent of part 121 Performance Based Contingency Fuel (PBCF) Operations Specifications and enable a data-driven approach to 388 See 88 FR 38946 at 39029–39030 (June 14, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 recognizing aircraft-specific capabilities and actual operational performance to assure safety and avoid unnecessary and arbitrary limitations on vehicles with restricted range. CAE stated the FAA failed to consider powered-lift characteristics and operating environment in unilaterally applying airplane fuel reserves to all powered-lift. CAE argued that the FAA should consider the performance-based capabilities of these powered-lift when determining fuel reserves. Eve recommended that fuel/energy reserves should be built on performance-based capabilities of the powered-lift and allow the reduction of fuel/energy reserves based on a risk assessment by considering proper and safety dispatch criteria (flight planning) and other operational aspects. AWPC disagreed with the FAA’s decision to apply airplane fuel reserves for powered-lift, arguing that the proposed VFR and IFR fuel reserve requirements are prohibitive and fail to account for specific powered-lift performance capabilities. AWPC argued that powered-lift capable of VTOL and powered-lift authorized to utilize copter procedures should be allowed to use helicopter VFR fuel reserves. AWPC argued that this recommendation aligns with ICAO Document 10103. Lilium recommended that the FAA should adopt a flexible approach for establishing energy requirements for powered-lift. Lilium argued that adding language such as ‘‘as determined by the Administrator’’ would permit future operators to use performance-based reserve solutions. Alternatively, Lilium suggested that the FAA adopt a 20minute helicopter prescriptive reserve, considering the enhanced safety features of powered-lift. BETA recommended the FAA add an option for use of a performance-based reserve that can be determined based on the capability of the aircraft and the intended flight plan. Supernal argued that the FAA should revise the existing fuel reserve requirement to a performance-based standard for powered-lift to maintain an equivalent level of safety. The Vertical Flight Society/American Helicopter Society International, Inc. urged the FAA set performance-based reserves requirements for powered-lift that reflect their operational intent and capabilities, arguing that such an approach would be consistent with ICAO Document 10103. In a group comment, NBAA, AUVSI, National Air Transportation Association, AIA, Vertical Flight Society, and Helicopter Association International collectively encouraged PO 00000 Frm 00113 Fmt 4701 Sfmt 4700 92407 the FAA to consider the language in the Advanced Aviation Act when developing the final rule for this SFAR, including performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft. L3Harris Commercial Aviation Solutions and L3Harris Commercial Training Solutions stated that there should be performance-based limitations based on a risk mitigation assessment considering energy consumption data, energy planning, alternate landing sites, and inflight energy management. After reviewing the comments, the FAA has reconsidered its position regarding § 91.167. In the final rule, the FAA will allow powered-lift to utilize the IFR fuel requirements established for helicopters. As the commenters suggest, when a powered-lift is operating similarly to a helicopter, powered-lift should be required to only carry the fuel reserves of a helicopter. The FAA agrees that powered-lift authorized to conduct copter procedures and that have the performance capability, as provided in the AFM, for the entire flight to conduct a landing in the vertical-lift flight mode may comply with the IFR fuel requirements established for helicopters. Furthermore, during aircraft certification, the FAA will assess the aircraft’s stability, system, and equipage for IFR operations. A powered-lift that does not possess these capabilities may still be certificated for IFR but will be prohibited from performing copter procedures and have a limitation in the AFM to that effect. Powered-lift with such a limitation would not be authorized to use the IFR fuel requirements for helicopters and would be required to use the IFR alternate airport minimums specified for airplanes. This provision will not prevent a powered-lift from operating in wingborne flight mode but will require the powered-lift to have the performance capability, as detailed in the AFM, to conduct a landing in vertical-lift flight mode along the entire route of flight. Therefore, the FAA agrees with the commenters that, provided the powered-lift is continuously capable of conducting a landing in the vertical-lift flight mode along the entire route of flight, there is no adverse effect on safety to allow powered-lift to utilize helicopter IFR fuel requirements in accordance with § 91.167(a)(3) and (b)(2)(ii). Therefore, a person operating a powered-lift will have the option to use E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92408 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the helicopter fuel requirements under § 91.167(a)(3) and (b)(2)(ii) when the aircraft is authorized to conduct copter procedures and has the performance capability, as provided in the AFM, to always conduct a landing in the vertical-lift flight mode along the entire flight. When taking into consideration the performance capability, a person operating a powered-lift must consider the energy required to successfully complete a descent from the altitude they plan to use, any required instrument or visual procedure, and any landing performance data contained in the AFM that enables a landing in the vertical-lift flight mode. There may be performance requirements or limitations contained in the AFM, or in any approved Minimum Equipment List (MEL), that would prevent a poweredlift from conducting a landing in the vertical-lift flight mode, such as a landing weight limitation or a deferred maintenance item, thereby requiring a person to use the 45 minutes of reserve fuel. This requirement is adopted as § 194.302(q). Section 91.169 prescribes the information required for filing an IFR flight plan. Under § 91.169, helicopter operations are permitted to use lower weather minima before an alternate must be filed because helicopters operate at lower altitudes and slower airspeeds. The FAA reasoned that, while powered-lift have a range of performance characteristics, the majority of powered-lift flight time will be during cruise operations and therefore proposed that powered-lift comply with the provisions of § 91.169(b)(2)(i) and (c)(1)(i) as written for aircraft other than helicopters. Four operators provided comments related to § 91.169. Archer asserted that the FAA should evaluate the operational capabilities of each powered-lift through the type certification process before deciding which operational rules are appropriate. Archer pointed out that powered-lift that share the key operating capabilities that enable helicopters to safely operate at lower altitudes and reduced weather minima should be subject to the same operating rules. Archer recommended the FAA replace category-based operational rules regarding visibility minimums in favor of type-specific rules informed by the type certification and FSB process, similar to that proposed in the NPRM for airworthiness evaluation and eligibility for Copter Procedures. AWPC argued that certain poweredlift, such as their AW609 Tiltrotor, are capable of VTOL, like helicopters, during takeoff and landing. AWPC contended that IFR weather reporting VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements/IFR alternate airport weather minima should be performancebased due to the VTOL capability. Lilium asserted that the safe use of helicopter flight rules for powered-lift can be evaluated during aircraft certification and/or the type rating evaluation process and urged the FAA to adopt a similar comprehensive and risk-based approach as suggested for altitude requirements to evaluate the capabilities and performance of each individual powered-lift to safely operate under helicopter IFR. Lilium also asserted that the FAA’s proposal is inconsistent with the way other countries regulate powered-lift. GAMA generally stated that the FAA should adopt performance-based regulations for powered-lift that take into consideration the diverse capabilities of such aircraft. GAMA also suggested that the FAA follow the approach recommended in ICAO Document 10103. After reviewing the comments, the FAA has reconsidered its position regarding the proposal to apply § 91.169(b)(2)(i) and (c)(1)(i) to poweredlift. Similar to § 91.167, the FAA will now allow powered-lift that are authorized to conduct copter procedures and that have the performance capability to land in the vertical-lift flight mode, as provided in the AFM, to use the helicopter provisions specified in § 91.169(b)(2)(ii) and (c)(1)(ii) for helicopters. This provision can be found in § 194.302(r). The FAA agrees with Archer, Lilium, and GAMA that some degree of a performance-based rule is appropriate. As discussed above in the § 91.167 section, during aircraft certification, the FAA will assess the aircraft’s capabilities and characteristics for IFR operations. A powered-lift that does not possess the appropriate characteristics may still be certificated for IFR but will be prohibited from performing copter procedures and have a limitation inserted into the AFM to that effect. As recommended by AWPC, and as discussed in the § 91.167 section, when taking into consideration the performance capability, a person operating a powered-lift must consider any landing performance data contained in the AFM that enables a landing in the vertical-lift flight mode. Requirements or limitations outlined in the AFM may require a person to use the IFR alternate airport minimums specified for airplanes. For the foregoing reasons, the FAA is adopting a performance-based rule for § 91.169, as outlined in § 194.302(r). Section 91.175 governs takeoff and landing under IFR. Sections PO 00000 Frm 00114 Fmt 4701 Sfmt 4700 91.175(f)(2)(i) and (ii) apply to poweredlift as-written because those paragraphs are applicable to all aircraft. Therefore, these provisions are not included in § 194.302, as they already apply to powered-lift. Section 91.175(f)(2)(iii) governs takeoff and landing under IFR for helicopters. In the NPRM, the FAA did not address § 91.175(f)(2)(iii) because it is helicopter specific, and the FAA asserted § 91.175(f)(2)(i) and (ii) were sufficient because they apply to aircraft, including powered-lift. However, in response to comments received and discussed below, the FAA will permit some powered-lift to use the 1⁄2 statute mile visibility stipulated for helicopters in § 91.175(f)(2)(iii). Section 91.175(f)(4)(i) requires airplanes operating under parts 121 or 135 to comply with the takeoff obstacle clearance or avoidance procedures contained in subpart I of part 121 or subpart I of part 135, as applicable, for IFR takeoffs. Accordingly, the FAA proposed in § 194.302(l) that any powered-lift that would be required to comply with the provisions of subpart I of part 135 (Airplane Performance Operating Limitations) must also comply with § 91.175(f)(4)(i). The takeoff limitations of subpart I of part 135, and therefore the provisions of § 91.175(f)(4)(i), are only applicable to certain powered-lift that are required to comply with subpart I. As discussed in section VI.D.6. of this preamble, subpart I of part 135 will only apply to those powered-lift that are designated as ‘‘large or transport category’’ during type certification. The FAA did not receive any comments specific to § 91.175(f)(4), which was proposed as § 194.302(l). However, the FAA received three comments specific to the takeoff visibility requirements of § 91.175(f)(2). AWPC did not agree with the FAA’s proposal in the SFAR to apply blanket airplane requirements to powered-lift without any performance-based relief. AWPC urged the FAA to take a tailored approach for this rule utilizing performance-based requirements instead of applying airplane rules to all powered-lift. Lilium noted that the safe use of helicopter flight rules for powered-lift can be evaluated during aircraft certification and/or the type rating evaluation process. Lilium urged the FAA to adopt a similar comprehensive and risk-based approach as suggested for altitude requirements, to evaluate the capabilities and performance of each individual powered-lift to safely operate under helicopter IFR. GAMA recommended the FAA follow ICAO Document 10103 and apply the E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 helicopter requirements for this rule to powered-lift. AWPC expressed their understanding that the lower takeoff visibility minimums for helicopters are based on lower speeds, maneuvering characteristics, and the ability to comply with copter procedures under part 97. In response to the comments received, the FAA evaluated the feasibility of allowing a powered-lift to use the helicopter visibility takeoff minimums stipulated in § 91.175(f)(2)(iii). When § 91.175(f) was drafted in 1985, the rationale used for a lower takeoff minimum for helicopters was that they are highly maneuverable and capable of sustaining flight at lower airspeeds. The NPRM also mentioned that, due to the unique flight capabilities of helicopters, they can safely maneuver in lower takeoff visibility conditions.389 The FAA agrees with AWPC’s statement that powered-lift benefit from being highly maneuverable and capable of sustaining flight at lower airspeeds and will make a change in the final rule for those powered-lift conducting a vertical take-off. However, the FAA does not believe providing all powered-lift broad authorization to use helicopter take-off minimums would be in the best interest of aviation safety. Therefore, the FAA will prohibit those powered-lift having two engines or less that do not have the capability to use copter procedures from conducting an IFR takeoff using the 1⁄2 mile visibility minimum. The capability to use copter procedures will be identified in the limitations section of the AFM. In response to the comments received from AWPC and GAMA, the FAA is adopting a change in the final rule for IFR takeoff minimums for powered-lift. In this final rule, the FAA will allow powered-lift that have two engines or less to use the helicopter minimums of 1⁄2 mile providing the powered-lift conducts their takeoff vertically and are authorized to use copter procedures. This provision is adopted in § 194.302(s). In addition, the FAA is adopting § 194.302(l) as proposed, though due to renumbering, it is now § 194.302(t). 2. Equipment, Instrument, and Certificate Requirements Section 91.205 states that no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in VFR day or night, IFR, at or above 24,000 feet, in Category II or III operations, or in night 389 Rotorcraft Regulatory Review Program Notice No. 5, NPRM, 50 FR 10144, 10157 (Mar. 13, 1985). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 vision goggle operations, unless the aircraft contains instruments and equipment in § 91.205 or FAA-approved equivalents. For powered-lift that meet the definition of small aircraft in § 1.1, the FAA proposed in § 194.302(m) that the position and anti-collision lights meet the requirement set forth in § 23.2530(b). The FAA proposed that this requirement should apply to small powered-lift to provide an equivalent level of safety to that of small airplanes and to ensure that those powered-lift have an adequate anticollision lighting system that provides sufficient time for another aircraft to avoid a collision. The FAA also proposed in § 194.302(m) that small powered-lift should meet the § 91.205(b)(14) requirement for installing an approved shoulder harness or restraint system for all seats to provide an equivalent level of safety to small airplanes. The FAA did not receive any comments on the proposals for small powered-lift in § 194.302(m). The FAA is therefore adopting § 194.302(m) as proposed, though due to renumbering, it is being adopted as § 194.302(u). Section 91.205(d) prescribes instruments and equipment requirements for IFR flight. Under § 91.205(d)(3), an aircraft must have a gyroscopic rate-of-turn indicator installed, unless the aircraft is equipped with a third attitude instrument system installed as provided in § 121.305(j). For airplanes, the third attitude instrument system installed must be usable through flight attitudes of 360 degrees of pitch and roll. For rotorcraft, the third attitude instrument system installed must be usable through flight attitudes of +/- 80 degrees of pitch and +/- 120 degrees of roll. The FAA anticipates that some powered-lift may be capable of exceeding 80 degrees of pitch and/or 120 degrees of roll. Therefore, the FAA proposed in § 194.302(n) that all powered-lift approved for IFR during type certification would be required to comply with the airplane provisions in § 91.205(d)(3)(i) for IFR flight, which requires the installation of either a gyroscopic rate-of-turn indicator or a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll. The FAA received three comments on § 194.302(n). Airbus, GAMA, and Joby requested that the FAA provide relief to the requirement that powered-lift have either a gyroscopic rate-of-turn indicator or a third attitude instrument system usable through flight attitudes of 360 degrees of pitch and roll installed in accordance with § 91.205(d)(3)(i). The commenters asserted that this regulation may not be compatible with aircraft PO 00000 Frm 00115 Fmt 4701 Sfmt 4700 92409 designed with advanced flight control systems. The FAA considered the comments from Airbus, GAMA, and Joby and their requests for relief from the proposed requirement. Section 91.205 already includes flexibility for operators, as it allows for FAA-approved equivalents to the instruments and equipment specified in § 91.205. Section 91.205(a) contains the phrase ‘‘or FAA-approved equivalents.’’ This phrase provides the flexibility necessary to consider other types of aircraft systems not specifically included in § 91.205 paragraphs (b) through (f); therefore, the FAA determined no additional regulatory revisions are required. The FAA is therefore adopting § 194.302(n) as proposed, though due to renumbering, it is being adopted as § 194.302(v). Section 91.207 requires an emergency locator transmitter (ELT) for airplane operations to facilitate search and rescue efforts in locating downed aircraft. The FAA proposed applying § 91.207 to powered-lift in § 194.302(o). The FAA received two comments related to the proposed § 194.302(o). ALPA expressed support of § 194.302(o), which requires all powered-lift to comply with § 91.207 and be equipped with an ELT. Joby, however, argued that mandating ELTs would increase cost and decrease payload capacity without providing an increase in operational safety. Joby suggested there are suitable alternatives to ELTs such as ADS–B, personal locator beacons, personal satellite trackers, and mobile phones. The ability to locate powered-lift in the event of a crash is essential for reaching survivors as quickly as possible and potentially saving lives. The FAA considers this to be a necessary requirement for powered-lift, particularly as a new entrant aircraft with little civil operational history. The FAA noted in the ADS–B final rule that the ADS–B system cannot replace the ELT function since the ADS–B system is not required to be crashworthy nor is the ADS–B system integrated with the satellite-based search and rescue system (SARSAT) and, thus, may not be operable or able to transmit following an aircraft accident. Similarly, the FAA does not consider personal locator beacons, personal satellite trackers, and mobile phones as a suitable replacement for an ELT as these devices do not meet the requirements for new installation specified in § 91.207, nor the minimum operational performance standards (MOPS) for ELTs. Accordingly, the FAA is adopting § 194.302(o) as proposed, though due to renumbering it is being adopted as § 194.302(w). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92410 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Section 91.213 provides limitations on operations with inoperative instruments and equipment, as well as relief for operations with inoperative instruments and equipment for aircraft with and without an approved Minimum Equipment List (MEL). Section 91.213(a) requires that no person may takeoff an aircraft with inoperative instruments or equipment installed. This applies to powered-lift. Section 91.213(d) provides specific relief for an aircraft without an approved MEL; however, powered-lift is not included in the aircraft eligible for the exception in § 91.213(d)(1). The FAA did not propose to include powered-lift in the exceptions set forth in § 91.213(d). The FAA did not receive any comments on this and will therefore not apply § 91.213(d) to powered-lift. Section 91.215(b) states that no person may operate an aircraft in the airspace described in § 91.215(b)(1) through (5) unless that aircraft is equipped with an operable coded radar beacon transponder. The FAA anticipates that, while all new entrant powered-lift will have a substantial electrical system, some powered-lift may be powered by batteries, rather than an engine. Sections 91.215(b)(3) and (5) allow aircraft to operate without a transponder if the aircraft was certificated without an engine-driven electrical system. The FAA proposed in § 194.305 that the exceptions outlined in § 91.215(b)(3) and (5) for ‘‘aircraft’’ not apply to powered-lift. The effect of the proposal is that all powered-lift must be equipped with an operable coded radar beacon transponder as required in § 91.215(b)(1), (2), and (4). The FAA did not receive any comments related to the proposed § 194.305. The FAA determined that adding ‘‘Notwithstanding § 194.301,’’ to the beginning of § 194.304 helps to clarify that the aircraft provisions under § 91.215(b)(3) and (5) do not apply to powered-lift even though, generally, any aircraft provisions in part 91 already apply to powered-lift. As such, as a result of renumbering, the FAA adopts § 194.304 as proposed. Section 91.219 prohibits the operation of a turbojet-powered U.S.-registered civil airplane unless that airplane is equipped with an approved altitude alerting system or device. The FAA proposed in § 194.302(p) that all powered-lift comply with the altitude alerting requirements under § 91.219. The FAA received one comment on the proposed § 194.302(p) from EASA, requesting more details as to how the FAA decided that all new powered-lift entrants would be considered ‘‘high performant.’’ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Within the operational rules of this SFAR, the FAA generally does not impose requirements based on the powerplant of the powered-lift. For example, where a regulation refers to an aircraft powered by turbines, the FAA takes the approach that such regulations should apply to all powered-lift, rather than just those powered-lift that are powered by turbines. The FAA anticipates that certain powerplants, such as electric motors, may have equal or better performance in comparison to internal combustion engines, which could lead to higher performance capabilities. As such, the FAA is generally taking the more conservative approach and requiring that certain operating regulations apply to all powered-lift, regardless of powerplant. There are, however, some instances where the FAA proposed to apply certain regulations based on the type of powerplant. Such regulations are tailored based on the type of powerplant because those regulations contain factors other than performance to trigger the applicability of that particular regulation (e.g., the regulation is powerplant specific to maintain the intent for noise abatement in certain classes of airspace). In those instances, the FAA explains in this preamble why it decided to retain the powerplant reference. EASA requested more details as to how the FAA decided that all new powered-lift entrants would be considered ‘‘high performant.’’ In formulating the discussion surrounding use of altitude alerting equipment, the FAA identified that some powered-lift may have high performance capabilities which warrant the use of such equipment. Because powered-lift capabilities are not yet fully known, the most conservative approach is to require this equipment. The FAA received no negative comments and will adopt the proposed § 194.302(p) as final, though due to renumbering it is being adopted as § 194.302(x). Section 91.223 prohibits the operation of a turbine-powered U.S.-registered airplane configured with six or more passenger seats, excluding any pilot seat, unless that airplane is equipped with an approved terrain awareness and warning system (TAWS). The FAA proposed in § 194.302(q) that all powered-lift, regardless of powerplant type, with 6 or more seats must be equipped with an HTAWS system that meets the Technical Standard Order (TSO) C194 or an FAA-approved TAWS A/HTAWS hybrid system. In addition, the FAA proposed in § 194.302(q) that powered-lift must comply with § 91.223(c), which imposes a PO 00000 Frm 00116 Fmt 4701 Sfmt 4700 requirement for a manual containing appropriate procedures on the use of terrain awareness equipment and the proper flightcrew reactions in response to a TAWS activation. The FAA received one comment from ALPA related to the proposed § 194.302(q). ALPA stated that all powered-lift (regardless of seating capacity) must be equipped with TAWS or HTAWS as applicable, an Aircraft Collision Avoidance System (ACAS), and a CVR and FDR. ALPA recommended that when HTAWS is required for traditional helicopter operations, it should also be required for similar powered-lift operations regardless of seat capacity, to ensure the highest level of safety in this novel aircraft type and its operations. The FAA has considered ALPA’s recommendation for TAWS/HTAWS to be required for all powered-lift regardless of seating capacity. The FAA is adopting the rule as proposed in the NPRM. The FAA has previously determined that a TAWS requirement is appropriate for only those turbinepowered airplanes with 6 or more passenger seats, excluding any pilot seat. For consistency with previous rulemaking, the FAA is requiring all powered-lift, regardless of powerplant, with six or more passenger seats, excluding any pilot seat, to meet a similar terrain awareness equipment requirement. Because powered-lift are capable of flight in vertical mode and have been granted some of the same operating privileges as rotorcraft, the terrain awareness equipment must meet either HTAWS or hybrid A/HTAWS specifications, to comply with § 91.223(a). The costs imposed on operators and individuals required to comply with this rule would be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. Moreover, the FAA has determined that requiring this equipment for all powered-lift regardless of the seating capacity is not warranted at this time because the FAA does not have the data to support requiring TAWS/HTAWS to be installed on powered-lift with less than six passenger seats. As such, requiring powered-lift to comply with TAWS/HTAWS regardless of seating capacity is not consistent with current regulations. The FAA is therefore adopting § 194.302(q) as proposed, though due to renumbering it is being adopted as § 194.302(y). 3. Incorporation by Reference Incorporation by reference (IBR) is a mechanism that allows Federal agencies E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations to comply with the requirements of the Administrative Procedure Act to publish rules in the Federal Register and the CFR by referring to material published elsewhere.390 Material that is incorporated by reference has the same legal status as if it were published in full in the Federal Register and the CFR. The standards referenced in this rule include technical information and specifications for equipment and capabilities required to meet terrain awareness and warning systems and helicopter terrain awareness and warning systems. The standards referenced in §§ 194.109, 194.302, and 194.306 of this rule are incorporated by reference with the approval of the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,391 all approved materials are available for inspection at the FAA’s Office of Rulemaking, 800 Independence Avenue SW, Washington, DC 20591 (telephone (202) 267–9677). This material is also available from the sources indicated in paragraphs (a) and (b) of § 194.109 and as follows: 1. Copies of Technical Standard Order (TSO)–C194, Helicopter Terrain Awareness and Warning System (Dec. 17, 2008) may be obtained from the U.S. Department of Transportation, Subsequent Distribution Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; telephone (301) 322–5377. It is also available on the FAA’s website at www.faa.gov/aircraft/air_cert/design_ approvals/tso/. Select the link ‘‘Search Technical Standard Orders.’’ This TSO contains the minimum performance standards the helicopter terrain awareness and warning system must meet for approval and identification with the TSO marking. 2. Copies of section 2, Equipment Performance Requirements and Test Procedures, of RTCA DO–309, Minimum Operational Performance Standards (MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS) Airborne Equipment (Mar. 13, 2008) may be obtained from RTCA, Inc., 1150 18th St NW, Suite 910, Washington, DC 20036; telephone (202) 833–9339; website: www.rtca.org/ 390 5 U.S.C. 552(a). U.S.C. 552(a) requires that matter incorporated by reference be ‘‘reasonably available’’ as a condition of its eligibility. Further, 1 CFR 51.5(b)(2) requires that agencies seeking to incorporate material by reference discuss in the preamble of the final rule the ways that the material it is incorporating by reference is reasonably available to interested parties and how interested parties can obtain the material. lotter on DSK11XQN23PROD with RULES2 391 5 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 products. Section 2 of RTCA DO–309 contains the equipment performance requirements and test procedures for Helicopter Terrain Awareness and Warning Systems. 4. Special Flight Operations Section 91.313 prescribes operating limitations for restricted category civil aircraft. Section 91.313(a) through (e) apply to all restricted category aircraft, including powered-lift. Section 91.313(f) relates to operations under part 133, which powered-lift are not currently authorized to conduct. Section 91.313(g) requires small, 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 proposed in § 194.302(r) that restricted category small powered-lift must have an approved shoulder harness or restraint system for all seats installed to provide an adequate level of safety for poweredlift operations. The FAA did not receive any comments on this proposal and therefore adopts § 194.302(r) as proposed, though due to renumbering it is being adopted as § 194.302(z). 5. Maintenance, Preventive Maintenance, and Alterations Section 91.409 prescribes inspection programs to ensure that the aircraft is airworthy. Sections 91.409(a) and (b) require annual and 100-hour inspections, or optionally a progressive inspection program under paragraph (d) for aircraft that do not fall under the exceptions provided in paragraph (c).392 Section 91.409(e) through (h) set forth inspection program options and requirements for larger aircraft and aircraft with more complex aircraft systems which are more stringent than those provided under § 91.409(a), (b), and (d). Because paragraphs (e) through (h) apply to more complex aircraft, the FAA proposed in § 194.302(s) that these paragraphs should apply to technically advanced powered-lift (TAPL), which is a powered-lift that is equipped with an electronically advanced system in which the pilot interfaces with a multicomputer system with increasing levels of automation in order to aviate, navigate, or communicate. The FAA proposed requiring certain minimum display elements for both a PFD and MFD, clarifying what will be considered a PFD or MFD. Powered-lift that are not considered technically advanced under 392 Section 91.409 does not apply to an aircraft that is maintained under a Continuous Airworthiness Maintenance Program (CAMP), such as under § 135.411(a)(2). PO 00000 Frm 00117 Fmt 4701 Sfmt 4700 92411 the definition used for compliance with § 91.409 within this SFAR and are not maintained under a CAMP under § 135.411(a)(2) must continue to comply with § 91.409(a), (b), and (d) because those provisions apply to ‘‘aircraft.’’ The FAA received four comments related to § 91.409 and proposed § 194.302(s). AUVSI expressed concern with the FAA’s approach to TAPL. AUVSI also argued that the proposal is inconsistent with the flightcrew interface requirements that have been proposed as airworthiness standards/criteria for both the Joby JAS4–1 and the Archer Model M001 powered-lift. AUVSI noted that § 194.302(s) imposes a design requirement and that such requirements should not be implemented through operational rules. CAE recommended the determination of TAPL be delegated to the Aircraft Certification Offices (ACO), Aircraft Evaluation Division (AED), or Flight Standardization Board (FSB) assigned to a specific aircraft certification project, rather than to individual FSDOs. CAE emphasized that the TAPL determination should be made based on the aircraft and equipment combination, not individual operator policies or procedures. In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS collectively stated that the determination of TAPL should be delegated to the ACO, AED, or FSB assigned to a specific aircraft certification project, not to individual FSDOs. An individual commented that the FAA should provide more guidance on maintenance and inspection requirements in the final rule, including specific maintenance standards or procedures and the frequency of inspections for powered-lift. This individual commenter asked for clarification on how maintenance, inspection, and minimum equipment requirements would differ from existing requirements for airplanes and helicopters. The FAA agrees with the commenters who recommended that the determination of a TAPL should not rest with individual field offices. The rule determines whether a powered-lift constitutes a TAPL because it outlines the required criteria. However, the FAA disagrees with AUVSI about the proposed § 194.302(s). The definition of TAPL is intended to allow the FAA to distinguish between complex and less complex powered-lift and thereby determine which inspection program applies. The TAPL definition is E:\FR\FM\21NOR2.SGM 21NOR2 92412 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations not an indirect imposition of design requirements via operational rules. Finally, in response to the commenter who requested more details on maintenance and inspection requirements, the FAA notes that, unless otherwise specified by part 194, powered-lift must continue to comply with rules applicable to all aircraft in part 43 of this chapter as well as any applicable maintenance and inspection requirements under parts 91 and 135 of this chapter. The FAA adopts § 194.302(s) as proposed, though due to renumbering, it is being adopted as § 194.302(aa). Section 91.411 prescribes the requirements for altimeter system and altitude reporting equipment tests and inspections. The FAA proposed in § 194.302(t) to apply § 91.411 to powered-lift, as it currently applies to both airplanes and helicopters, without differentiation. The FAA did not receive any comments on the proposed § 194.302(t) and therefore adopts the proposed § 194.302(t) as final, though due to renumbering, it is being adopted as § 194.302(bb). lotter on DSK11XQN23PROD with RULES2 6. Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft Section 91.501 prescribes operating rules governing the operation of large airplanes of U.S. registry, turbojetpowered multiengine civil airplanes of U.S. registry, and fractional ownership program aircraft of U.S. registry that are operating under subpart K of part 91 in operations not involving common carriage. The FAA anticipates that U.S.registered large powered-lift will operate like large airplanes with respect to altitude, speed, passenger carrying capacity, passenger safety, composition of flightcrew, operating environment (e.g., over water), and required safety and rescue equipment. The FAA proposed in § 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. The FAA received no comments on the proposed § 194.302(u). Though the proposal will not substantively change, the FAA determined that further clarification is necessary in the subpart F applicability section under § 194.302(cc). First, the FAA is clarifying under § 194.302(cc) that part 91, subpart F applies to powered-lift operating under subpart K of part 91 (‘‘Fractional Ownership VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Operations’’).393 The current § 91.501 already states that subpart F applies to fractional ownership program aircraft, but the FAA determined that expressly stating this in the SFAR regulatory text will help clarify the applicability of subpart F. Second, the FAA has clarified that any sections or paragraphs within sections that refer to a specific category of aircraft, such as airplanes or helicopters, and that are not outlined in the SFAR tables to § 194.302 or § 194.306, do not apply to powered-lift. Any regulatory reference to a category of aircraft that is intended to apply to powered-lift will be included in the SFAR tables. As such, the FAA adopts § 194.302(u) as final, though due to renumbering, it is being adopted as § 194.302(cc). Section 91.503 describes required flying equipment and operating information for airplanes under subpart F of part 91. The FAA proposed in § 194.302(v) that this section apply to large powered-lift because the FAA anticipates that powered-lift will be used in passenger-carrying operations highly similar to airplanes. The FAA received no comments on the proposed § 194.302(v) and therefore adopts § 194.302(v) as final, though due to renumbering, it is being adopted as § 194.302(dd). Section 91.505 imposes requirements to be familiar with the emergency equipment installed on the airplane to which a crewmember is assigned and with the procedures to be followed for the use of that equipment in an emergency. The crewmember must also be familiar with the Airplane Flight Manual for that airplane, if one is required, and with any placards, listings, instrument markings, or any combination thereof, containing each operating limitation prescribed for that airplane by the Administrator, including those specified in § 91.9(b). The FAA proposed in § 194.302(w) that § 91.505 apply to large powered-lift because, as stated previously, the FAA expects powered-lift to be used in passengercarrying operations similar to airplanes. The FAA received no comments and therefore adopts § 194.302(w) as proposed, though due to renumbering it is being adopted as § 194.302(ee). 393 As discussed in the NPRM, subpart K of part 91 allows for fractional owners and their respective management company to share operational control of an aircraft. This subpart details certain operational considerations pertaining to fractional ownership programs to include safety standards for pilot training and qualifications. In the NPRM, the FAA discussed how the current regulatory framework as well as proposed amendments would be applicable to fractional ownership programs utilizing powered-lift. See 88 FR 39020, 39038. PO 00000 Frm 00118 Fmt 4701 Sfmt 4700 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. The FAA proposed in § 194.302(x) that large powered-lift must comply with the equipment requirements in this section. The FAA received no comments on the proposed § 194.302(x) and therefore adopts it as final, though due to renumbering, it is being adopted as § 194.302(ff). Section 91.509(a) requires a life preserver or an approved flotation means for each occupant of an airplane. The FAA proposed in § 194.302(y) that powered-lift meet the requirements of § 91.509(a). The FAA received no comments on this proposal. Section 91.509(b) states that no person may take off an airplane for flight over water more than 30 minutes flying time or 100 nautical miles from the nearest shore, whichever is less, unless it has onboard specified survival equipment. The FAA determined that the vertical landing capability of powered-lift should be considered in evaluating the applicability of this rule. Therefore, the FAA proposed in § 194.302(y)(1) to also apply the definition of extended over-water operations for helicopters to poweredlift. The FAA received no comments to this proposal. Section 91.509(b)(5) specifically requires a lifeline to be stowed in accordance with § 25.1411(g). The FAA anticipates that powered-lift may be developed in the future that are capable and certified for ditching and with a wing or comparable structure suitable for evacuation. Accordingly, the FAA proposed in § 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 poweredlift, as reflected in the proposed regulatory text. The FAA received no comments to § 194.302(y)(2). As a result of the foregoing, the FAA adopts § 194.302(y) as final, but as a result of renumbering, it is now § 194.302(gg). Section 91.511 describes requirements for communication and navigation equipment for overwater operations. Paragraph (a) states that no person may take off an airplane for a flight over water more than 30 minutes flying time or 100 nautical miles from the nearest shore unless it has at least the operable radio communication and electronic navigation equipment described in E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 91.511. The FAA proposed in § 194.302(z) to require large 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. The FAA received no comments on proposed § 194.302(z) and therefore adopts § 194.302(z) as final, though due to renumbering it is being adopted as § 194.302(hh). Section 91.513 describes requirements for emergency equipment for airplanes, such as fire extinguishers, first aid kits, and megaphones. The FAA proposed in § 194.302(aa) to apply the safety standards required in this section to large powered-lift. The FAA received no comments on the proposed § 194.302(aa) and therefore adopts § 194.302(aa) as final, though due to renumbering it is being adopted as § 194.302(ii). Section 91.515 prescribes flight altitudes for airplanes operating under VFR. The flight altitudes are designed to ensure adequate terrain clearance from any mountain, hill, or other obstruction to flight for day and night operations. The FAA proposed in § 194.302(bb) to apply the minimum flight altitudes in § 91.515 to large powered-lift. The FAA received no comments on the proposed § 194.302(bb). Therefore, the FAA adopts the proposed § 194.302(bb) as final, though due to renumbering it is being adopted as § 194.302(jj). Section 91.517 describes passenger information and signage displaying the use of seatbelts and non-smoking requirements. The FAA proposed in § 194.302(cc) that large powered-lift comply with the information and signage display requirements in § 91.517. The FAA received no comments and is adopting § 194.302(cc) as final, though due to renumbering it is being adopted as § 194.302(kk). Section 91.519 describes passenger briefings for the use of seatbelts and non-smoking requirements. The FAA proposed in § 194.302(dd) that § 91.519 should also apply to large powered-lift because passenger briefings for seatbelt use and smoking are equally important for airplane and powered-lift passengercarrying operations. The FAA received no comments on § 194.302(dd) and therefore adopts the proposed § 194.302(dd) as final, though due to renumbering it is being adopted as § 194.302(ll). Section 91.521 prescribes the requirements for equipping transport category airplanes with shoulder harnesses and safety belts. The FAA proposed in § 194.302(ee) that large powered-lift comply with the safety VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 equipment requirements for airplanes in this section. The FAA did not receive any comments on the proposed § 194.302(ee). As such, the FAA adopts § 194.302(ee) as final, though due to renumbering, it is being adopted as § 194.302(mm). Section 91.523 imposes requirements regarding how carry-on baggage is stored on airplanes with a seating capacity of more than 19 passengers. The FAA proposed in § 194.302(ff) that, should powered-lift with more than 19 seats 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). The FAA did not receive any comments on the proposed § 194.302(ff) and therefore adopts § 194.302(ff) as final, though due to renumbering, it is being adopted as § 194.302(nn). Section 91.525 describes the requirements for the carriage of cargo. The FAA proposed in § 194.302(gg) that this section should apply to poweredlift. The FAA received no comments on the proposed § 194.302(gg) and therefore adopts § 194.302(gg) as final, though due to renumbering, it is being adopted as § 194.302(oo). Section 91.527 describes the requirements for operations in icing conditions. To ensure safe operation of powered-lift, all the items listed in § 91.527(a), as well as other critical surfaces as determined by the manufacturer, must be clear from any contamination adhering to their surfaces, including the vertical-lift flight mode lifting devices. The FAA proposed in § 194.302(hh) that the requirements of § 91.527(a) should apply to all large powered-lift, including the vertical-lift flight mode lifting devices. The FAA received no comments on the proposed § 194.302(hh) and therefore adopts § 194.302(hh) as final, though due to renumbering, it is being adopted as § 194.302(pp). Section 91.527(b) prescribes rules for IFR flight into known or forecast light or moderate icing conditions, or under VFR into known light or moderate icing conditions unless certain conditions are met as described below. The FAA proposed in § 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), pertaining to § 135.227(d), requires PO 00000 Frm 00119 Fmt 4701 Sfmt 4700 92413 powered-lift seeking certification to operate in known or forecast light or moderate icing conditions to have procedures for the use of the ice protection equipment set forth in the AFM. The FAA received no comments on either the proposed § 194.302(ii) or § 194.308(i). As such, the FAA adopts both §§ 194.302(ii) and 194.308(i) as final. However, due to renumbering, § 194.302(ii) is being adopted as § 194.302(qq) and § 194.308(i) is being adopted as § 194.306(xx). Section 91.527(c) prohibits airplane operations into known or forecast severe icing conditions, except for an airplane that has ice protection provisions that meet the requirements in section 34 of Special Federal Aviation Regulation No. 23, or those for transport category airplane type certification. The FAA did not propose to apply this regulation to powered-lift operations, explaining that powered-lift would be prohibited from operating into known or forecast severe icing conditions. However, upon further review, the FAA determined the SFAR regulatory text should explicitly address this prohibition. As a result, the FAA is adding paragraph (rr) within § 194.302, applying paragraph (c) of § 91.527 to powered-lift that are subject to the requirements of subpart F of part 91. Section 194.302(rr) states that no pilot may fly a powered-lift into known or forecast severe icing conditions. The exceptions outlined in § 91.527(c) (i.e., for airplanes and transport category airplanes with ice protection provisions) do not apply to powered-lift. The FAA therefore adopts § 194.302(rr) as amended, which prohibits powered-lift from flying into known or forecast icing conditions. Section 91.529 addresses flight engineer requirements for airplane operations. The FAA did not propose application of this section to poweredlift because modern aircraft are not designed to require a flight engineer. Section 91.531 describes second-incommand SIC requirements for airplanes in subpart F. Section 91.531(a) provides that, subject to an exception in § 91.531(b), no person may operate any airplane that is type certificated for more than one required pilot, any large airplane, or any commuter category airplane without a pilot designated as SIC. The FAA proposed in § 194.302(jj) that paragraphs (a)(1) and (2) apply to powered-lift. However, the FAA proposed not to apply paragraph (a)(3) to powered-lift because there are currently no commuter category powered-lift, and no new aircraft can be certificated for that category as there are no longer any certification standards for commuter category aircraft in the E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92414 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Federal Aviation Regulations. Section 91.531(b)(1) states that an airplane certificated for operation with one pilot may be operated without a pilot designated as SIC. Section 91.531(b)(2) states that a person may operate a large or turbojet-powered multiengine airplane, holding a special airworthiness certificate, without an SIC if (1) the airplane was originally designed with only one pilot station, or (2) the airplane was originally designed with more than one pilot station, but single pilot operations were permitted by the AFM or were otherwise permitted by the U.S. Armed Forces or the armed forces of a Chicago Convention contracting State. The FAA proposed in § 194.302(jj) that § 91.531(b)(1) apply to a powered-lift certificated for operation with one pilot and that (b)(2) apply to all large powered-lift that hold a special airworthiness certificate and meet the requirements of § 91.531(b)(2)(i) and (ii), regardless of powerplant type. The FAA determined that further clarification is necessary for § 91.531(b)(2) because the current regulation applies to large and turbojet-powered multiengine airplanes. Though the FAA explains in the NPRM it will not reference ‘‘multiengine’’ or ‘‘turbojet-powered’’ for powered-lift in the operational rules,394 the SFAR regulatory text should clarify that § 91.531(b)(2) applies to ‘‘large’’ powered-lift. As a result, the FAA is clarifying under § 194.302(ss) that § 91.531(b)(2) applies to large poweredlift that meet the additional requirements outlined in § 91.531(b)(2), which includes subparagraphs (i) and (ii). 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. The FAA proposed in § 194.302(jj) that paragraph (c) apply to large powered-lift. The FAA received no comments on the proposed § 194.302(jj) and therefore adopts § 194.302(jj) as final, though due to renumbering, it is being adopted as § 194.302(ss). Section 91.533 describes flight attendant requirements for airplanes with more than 19 passengers. The FAA proposed in § 194.302(kk) that this section apply to powered-lift with more than 19 passengers onboard if the powered-lift are certificated for civil operations during the duration of the SFAR. The FAA received no comments on the proposed § 194.302(kk) and therefore adopts § 194.302(kk) as final, 394 See 88 FR 39025 (June 14, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 though due to renumbering, it is being adopted as § 194.302(tt). 7. Additional Equipment and Operating Requirements for Large and Transport Category Aircraft Section 91.603 requires that a transport category airplane be equipped with an aural speed warning device that complies with § 25.1303(c)(1). The FAA proposed in § 194.302(ll) that this regulation apply to large powered-lift. As noted in the NPRM, the FAA also proposed that instead of § 25.1303, the FAA may apply other airworthiness criteria it finds provide an equivalent level of safety in accordance with § 21.17(b). The FAA did not receive any comments on the proposed § 194.302(ll) and therefore adopts § 194.302(ll) as final, though due to renumbering, it is being adopted as § 194.302(uu). Section 91.605 prescribes transport category civil airplane weight limitations. Section 91.605(a) prescribes takeoff requirements for transport category airplanes (other than a turbineengine-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 § 21.17(b) will be required to have an AFM; accordingly, the FAA did 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 takeoff that airplane at a weight greater than that listed in the Airplane Flight Manual. The FAA proposed in § 194.302(mm) to apply § 91.605(b)(1) to large poweredlift—regardless of whether they will takeoff vertically or using wing-borne lift similar to an airplane—and that have the takeoff performance information in the AFM. Section 91.605(b)(2) stipulates no person operating a turbine-enginepowered transport category airplane may takeoff at a weight (allowing for normal consumption of fuel and oil in flight to the destination or alternate airport) if the weight of the airplane on arrival would exceed the landing weight as contained in the Airplane Flight Manual taking in consideration the elevation of the destination or alternate airport and the ambient temperature anticipated at the time of landing. The FAA proposed in § 194.302(nn) that paragraph (b)(2) apply to large powered- PO 00000 Frm 00120 Fmt 4701 Sfmt 4700 lift—regardless of whether they will land vertically or using wing-borne lift similar to an airplane—that have the landing performance information in the AFM. Section 91.605(b)(3) and (b)(4)(ii) also contain additional takeoff criteria for turbine-engine-powered transport category airplanes, such as wet runway and clearway distances. The FAA proposed in § 194.302(oo) to apply these requirements to certain large poweredlift. 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 proposed 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 AFM. The FAA did not receive any comments on proposed § 194.302(mm), (nn), or (oo). The FAA therefore adopts § 194.302(mm), (nn), and (oo) as final, though due to renumbering, these sections are being adopted as § 194.302(vv), (ww), and (xx). Section 91.609 prescribes the requirements for flight data recorders (FDR) and cockpit voice recorders (CVR) in large and transport-category U.S.registered civil aircraft.395 The requirements are based, in part, on the passenger-seating configuration of each aircraft. The FAA proposed in § 194.302(pp) that a powered-lift, based on seating configuration but regardless of the type of powerplant, must comply with the certification provisions listed in § 91.609(c)(3), (e)(1), and (i), or with such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b). Furthermore, the FAA proposed that operators of powered-lift must comply with §§ 194.312 or 194.313 in lieu of the appendices referenced in § 91.609(c)(1). The FAA received four comments on the proposed §§ 194.302(pp), 194.312, and 194.313. ALPA argued that FDR and CVR should be required for powered-lift, regardless of seating capacity. ALPA further recommended that, in addition to requiring CVR and FDR recorders for all powered-lift, powered-lift operators should be required to install Flight Data Monitoring Systems (FDMS) to identify adverse trends and prevent accidents. The FAA has previously determined that the FDR requirement is appropriate 395 The FAA notes that it published a Notice of Proposed Rulemaking pertaining to CVRs, but the proposal does not impact this final rule. See 25hour Cockpit Voice Recorder (CVR) Requirement, New Aircraft Production, NPRM, 88 FR 84090 (Dec. 4, 2023). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations for only those multiengine, turbinepowered airplanes or rotorcraft that have a passenger seating configuration, excluding any pilot seats, of 10 or more. Due to the capability of powered-lift to operate in wing-borne flight mode and vertical-lift flight mode, the FAA will also require multiengine, turbinepowered powered-lift to comply with § 91.609(c)(1). In addition, the FAA has previously determined that the cockpit voice recorder (CVR) requirement is appropriate for only those multiengine, turbine-powered airplanes or rotorcraft that have a passenger seating configuration of six passengers or more and for which two pilots are required by type certification. Due to the capability of powered-lift to operate in the wingborne flight mode and vertical-lift flight mode, the FAA will also require multiengine, turbine-powered poweredlift to comply with § 91.609(e). Lastly, as stated in the NPRM, the costs imposed on operators and individuals complying with this rule would be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. Requiring powered-lift to comply with FDR and CVR regardless of seating capacity is not consistent with current regulations. Moreover, the FAA determined that requiring equipment such as CVRs and FDRs for all poweredlift regardless of the seating capacity is not warranted at this time because the FAA does not have the data to support requiring that equipment to be installed on powered-lift with less than six passenger seats. An individual commenter stated that, although the NPRM mentions that powered-lift can operate using features of both helicopters or airplanes, the proposed rule only addresses two flight modes: wing-borne and vertical-lift flight. The commenter argued that the most critical operating modes, as evidenced by historical accident, incident, and anomalous event data for the V–22 Osprey tilt-rotor, are during transition (VTOL-airplane) and conversion (airplane-VTOL), when the lift is being shared by engine-driven lift devices/engine thrust and the wing. The commenter argued that the rule should address powered-lift transition and conversion modes of flight. Although there is no table specific to ‘‘transition’’ and ‘‘conversion’’ modes, the existing parameters listed in the published FDR tables include these flight modes (e.g., § 194.310 contains a section that specifies ‘‘Pilot inputted— Primary controls (i.e., Ascent, descent, VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 acceleration and deceleration, heading and directional control for all axes)’’). The FAA proposed requiring the FDR to record all data during the manipulation of all primary flight controls for all axes, which includes recording the full range during any transitions in and out of the vertical-lift flight mode.396 These parameters were included in Table 1 to § 194.312 and Table 1 to § 194.314 in the proposed SFAR. Therefore, the transition and conversion modes are incorporated into the SFAR FDR tables. ANAC asked the FAA to consider adopting the following requirement: ‘‘No person may operate a U.S. civil registered multiengine aircraft having a passenger seating configuration of six passengers or more unless it is equipped with an approved cockpit voice recorder.’’ Lastly, ANAC suggested exploring the integration of lightweight flight recorders for voice and data recording. ANAC suggested that the required amount of recorded information be reduced from 25 hours to 10 hours due to the perceived limited endurance of powered-lift. However, the FAA notes that subpart G of part 91 applies to the operation of large and transport category U.S.-registered civil aircraft. The FAA expects large and transport-category powered-lift to have endurances similar to transport-category airplanes and helicopters. Therefore, the FAA has determined that existing FDR requirements are appropriate for large and transport category U.S.-registered civil powered-lift and will provide a level of safety equivalent to airplanes and rotorcraft. The FAA has previously determined that the CVR requirement is appropriate only for those U.S. civil registered multiengine, turbine-powered airplane or rotorcraft having a passenger seating configuration of six passengers or more and for which two pilots are required by type certification or operating rule. The FAA does not intend to expand this requirement to include aircraft for which only one pilot is required. Furthermore, as stated in the NPRM the costs imposed on operators and individuals complying with this rule would be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. As such, requiring powered-lift to comply with the CVR requirements for aircraft requiring only one pilot is not consistent with current regulations and 396 See Section XIII (‘‘Definitions’’) for more information on how the FAA defines these flight modes in the final rule. PO 00000 Frm 00121 Fmt 4701 Sfmt 4700 92415 would create a financial burden on the operator. An anonymous commenter stated they are concerned that the proposed flight recorder parameters do not adequately address the unique design and operation of vertical lift vehicles. Furthermore, battery propulsion systems are not included in the proposed parameter list in this NPRM. The commenter asserted that, considering that the intent of battery technology is to replace legacy turbinepowered systems, powered-lift should be mandated to carry flight recording technology regardless of weight or passenger capacity. The FAA disagrees. The parameters specified in the proposed tables of § 194.312 through § 194.315 in the SFAR adequately encompass current powered-lift designs. The FAA proposed the requirement of the FDR to record all the pilots’ inputs of the primary controls (i.e., ascent, descent, acceleration, and deceleration, heading and directional control for all axes). Thus, regardless of propulsion system or weight, the FDR would record the primary controls inputs. In summary, the FAA notes that subpart G of part 91 applies to the operation of large and transport-category U.S.-registered civil aircraft. The FAA expects large and transport-category powered-lift to have endurances similar to transport-category airplanes and helicopters. Therefore, the FAA has determined that existing CVR and FDR requirements are appropriate to large and transport category U.S. registered civil powered-lift and will provide a level of safety equivalent to airplanes and rotorcraft. The FAA does not intend to expand the current rule to include all powered-lift, regardless of powerplant, seating capacity, or number of pilots required. Requiring equipment such as CVRs and FDRs for all powered-lift is not warranted at this time because the FAA does not have the data to support requiring this equipment to be installed all powered-lift regardless of seating capacity. Furthermore, as stated in the NPRM, the costs imposed on operators and individuals complying with this rule would be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. As a result of the foregoing, the FAA adopts § 194.302(pp)(1) and (2) as final, though due to renumbering, those provisions are adopted as § 194.302(yy)(1) and (2). 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 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92416 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations rotorcraft begins lift-off to when the airplane has completed the landing roll or the rotorcraft has landed at its destination. The FAA proposed in § 194.302(pp)(3) to require powered-lift to comply with this section by requiring that the flight recorder be operated continuously from the earlier point at which the powered-lift begins the takeoff roll or begins lift-off until the latter point when the powered-lift has completed the landing roll or has landed at its destination. The FAA did not receive any comments on this proposal and therefore adopts § 194.302(pp)(3) as final, though due to renumbering, it is being adopted as § 194.302(yy)(3). Section 91.609(i) describes the CVR requirements for airplanes or rotorcraft manufactured on or after April 7, 2010. Section 91.609(j) describes the requirements for recording datalink messages in airplanes or rotorcraft when the datalink communication equipment was installed on or after April 6, 2012. The FAA considers CVRs and FDRs to be necessary safety equipment on airplanes and rotorcraft and proposed in § 194.302(pp) that these requirements also be applicable to powered-lift. The FAA did not receive any comments related to § 91.609(i) and (j). The FAA therefore adopts § 194.302(pp) as final, though due to renumbering, it is being adopted as § 194.302(yy). Section 91.611 authorizes ferry flights with one engine inoperative for airplanes with three or four engines. The rule was written specifically for airplanes and is based on airplane performance characteristics. The FAA acknowledged that some powered-lift may operate as an airplane during takeoff but determined this section should not be applicable to large powered-lift under the SFAR due to the lack of data to support safe powered-lift operations with an inoperative engine. The FAA received one comment related to § 91.611 from BETA, who recommended that the FAA make § 91.611 applicable to all powered-lift for which the AFM contains procedures for normal flight operations without all engines operating. BETA stated the FAA’s decision to exclude § 91.611 from the SFAR unnecessarily restricts operations of powered-lift that during the type certification process establish that the aircraft can safely perform normal flight operations without all engines operating. The FAA notes that § 91.611 was written specifically for airplanes and is based on airplane performance characteristics. The FAA acknowledges that some powered-lift may operate as an airplane during takeoff but VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 determined this section should not be applicable to large powered-lift under the SFAR due to the lack of data to support safe powered-lift operations with an inoperative engine. The FAA expects to obtain more data during the term of this SFAR to determine if powered-lift can safely operate with an inoperative engine. The FAA further notes that the applicability section subpart G of part 91 applies to the operation of large and transport category U.S.-registered civil aircraft. The A250, a powered-lift mentioned in BETA’s comment, is not a large nor a transport category U.S.-registered civil aircraft and therefore is not subject to the requirements of subpart G of part 91. Section 91.613 requires airplane compartment interiors to meet the flame propagation requirements set forth in §§ 25.853 or 25.856. For large poweredlift, the FAA proposed in § 194.302(qq) 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. The FAA did not receive any comments related to § 194.302(qq) and therefore adopts § 194.302(qq) as final, though due to renumbering, it is being adopted as § 194.302(zz). 8. Waivers Section 91.903 permits the Administrator to issue a certificate of waiver authorizing the operation of aircraft in deviation from any rule listed under § 91.905 if the Administrator finds that the proposed operation can be safely conducted under the terms of that certificate of waiver. In the NPRM, the FAA proposed a permanent change to § 91.903 that would allow the FAA to issue certificates of waiver for any of the part 91 operating rules as modified by part 194. In other words, each corresponding part 194 operating rule addressing a waivable part 91 rule will also be waivable. For example, § 91.107 is a waivable regulation under § 91.905. Similarly, § 194.302(c), which applies § 91.107 to powered-lift, will also be waivable under the § 91.903 amended language. For any rules that are not waivable, a powered-lift operator may still petition for an exemption. The FAA did not receive comments regarding proposed § 91.903(a) and finalizes the amendment as proposed. PO 00000 Frm 00122 Fmt 4701 Sfmt 4700 9. Fractional Ownership Operations Section 91.1037 addresses the requirements for operating large transport category airplanes at destination and alternate airports. The FAA perceives that large powered-lift will operate similar to large 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. Therefore, the FAA proposed that large transport category powered-lift comply with § 91.1037 as set forth in § 194.302(rr). Furthermore, the FAA proposed 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, will be applicable, as set forth in § 194.302(rr)(i). The FAA did not receive any comments related to § 194.302(rr) and therefore adopts § 194.302(rr) as final, though due to renumbering, it is being adopted as § 194.302(aaa). Section 91.1041 addresses aircraft proving and validation tests. Section 91.1041 sets out the parameters and the requirements for when proving and validation tests must be accomplished by a fractional ownership program. Section 91.1041(b) requires a fractional ownership program manager to conduct proving tests in a turbojet airplane if they have not previously proved a turbojet airplane. The FAA proposed in § 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). Under § 91.1041(d), the FAA requires validation testing for certain authorizations, for operations outside U.S. airspace, and for the addition of certain aircraft that were previously proved or validated but are not of the same make or model, or of similar design. These tests are required for aircraft that require two pilots for flight in VFR conditions, or turbojet airplanes. Under § 194.302(ss), the FAA proposed applying § 91.1041(d) to powered-lift that are subject to the requirements of subpart K of part 91. The FAA did not receive comments regarding § 91.1041(d). The FAA received one comment from Lilium regarding the 25-hour proving test requirement under § 91.1041(b). Lilium urged the FAA to consider E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations adopting a tailored approach to this requirement. Specifically, Lilium stated the FAA could require program managers to conduct a series of proving tests, each focusing on a specific aspect of the aircraft’s operation, and that the proving test period should be tailored to the expected geographical routes and flight times of the program. Powered-lift, regardless of the powerplant, have additional complexity due to their design and operation. These features have not been available and experienced by the civilian market to date. Although Lilium proposed a specific strategy for tailoring the proving test requirements, § 91.1041(g) already allows the Administrator to authorize deviations from the proving and validation testing requirements if the Administrator finds that special circumstances make full compliance with this section unnecessary. As a result of this deviation authority, no additional regulatory revisions are required. The FAA accepts § 194.302(ss) as final, though due to renumbering, it is being adopted as § 194.302(bbb). Section 91.1045 contains additional safety equipment requirements for program aircraft. The FAA proposed that this rule apply to certain poweredlift in proposed § 194.302(tt) and (uu). For powered-lift with more than 30 seats or a payload capacity of more than 7,500 pounds, the FAA proposed that § 91.1045(a) applies; and for poweredlift with 30 seats or fewer and a payload capacity of 7,500 pounds or less, § 91.1045(b) applies. Furthermore, the FAA proposed that § 91.1045(a)(3) and (b)(3) apply to powered-lift, and that instead of TAWS, a powered-lift must be equipped with an HTAWS that meets the requirements of TSO–C194 and Section 2 of RTCA DO–309 or a FAAapproved TAWS A/HTAWS hybrid system. Section 91.1045(b)(5) refers to airborne thunderstorm detection equipment required by § 135.173 and airborne weather radar required by § 135.175. This section is applicable to airplanes having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or less, and any rotorcraft (as applicable). The FAA proposed in § 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. EASA asked if the FAA expects to issue a waiver from the requirement for powered-lift to be equipped with VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 thunderstorm detection equipment. Although not explicitly stated, it appears EASA is referencing § 91.1045. The FAA does not issue waivers to this rule. However, an individual or entity may seek relief from this rule, in the form of an exemption, by following the criteria set forth in 14 CFR part 11. The FAA will consider any exemption request that is submitted in accordance with 14 CFR part 11. The FAA is adopting § 194.302(tt) and (uu) as proposed, though due to renumbering, these sections are being adopted as § 194.302(ccc) and (ddd). The FAA notes applicability of pilot qualifications and training requirements in Subpart K of part 91 are discussed in section V.L. of this preamble. With the exception of § 91.1109(b)(4), § 91.1109 applies to powered-lift because it is generally applicable to aircraft. Section 91.1109(b) requires each person desiring to establish or change an approved inspection program under this section to submit the inspection program for approval to the Flight Standards office that issued the program manager’s management specifications. Under § 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 recently proposed to amend the applicability of part 119 and allow powered-lift operations in part 125 in the Update to Air Carrier Definitions NPRM. However, the FAA did not include part 125 in this SFAR. Although § 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 notes that § 91.1115(b)(1) uses the word ‘‘airplane’’ and the rest of paragraph (b) uses the word aircraft. The FAA proposed a technical amendment to § 91.1115(b)(1) to change the word ‘‘airplane’’ to ‘‘aircraft.’’ Changing this reference will not adversely affect any other category of aircraft. As changed, this section would then apply to powered-lift. The Continuous Airworthiness Maintenance Program (CAMP) program manager is primarily responsible for maintaining the airworthiness of the program aircraft, including airframes, aircraft engines, propellers, rotors, appliances, and parts, including for powered-lift. The CAMP manager is also responsible for maintaining the operations manual and maintaining the records required by § 91.1427 for the specified amount of time. The FAA did not receive any comments on the proposed § 91.1115(b)(1) and therefore adopts it as final. PO 00000 Frm 00123 Fmt 4701 Sfmt 4700 92417 C. Part 97 Rules for Powered-Lift Title 14 CFR part 97 prescribes standard instrument approach procedures, obstacle departure procedures, and weather minimums that apply to IFR takeoffs and landings at civil airports in the United States. It further defines copter procedures as helicopter procedures, with applicable minimums as prescribed in § 97.35. The definition is limited to helicopters because when part 97 was promulgated, the FAA did not envision that aircraft would have hybrid airplane and helicopter characteristics. Consequently, powered-lift are currently excluded from using copter procedures, even if they can perform the operations safely. The purpose of this section of the SFAR is to propose a regulatory pathway that allows powered-lift to use the copter procedures defined in § 97.3. In the NPRM, the FAA proposed § 194.305 to ensure that powered-lift seeking to use copter procedures can be certified under § 21.17(b), be approved for IFR operations, and meet equivalent system design and stability as helicopters currently type certificated for instrument flight under part 27 and appendix B to part 29. If the poweredlift does not meet that equivalency, the aircraft’s flight manual will contain a limitation prohibiting use of copter procedures. As explained in the NPRM, the specific airworthiness standards will be established during the type certification process. The criteria the FAA considers necessary for poweredlift to conduct copter procedures under part 97 are provided in greater detail in the NPRM.397 The FAA received five public comments that were in support of the proposed language. Joby and Bristow generally supported the language. Both commenters (from CAE and National Business Aviation Association (NBAA)) considered the draft language to be a practical application of IFR procedures to powered-lift and expressed their support. GAMA expressed very strong support of the draft language allowing certified powered-lift to use helicopter procedures stating it is ‘‘welcomed by industry stakeholders.’’ 397 See 88 FR 39040–39041 (June 14, 2023). Specifically, the NPRM further explains the TERPs Manuals and Copter instrument procedures (IP) process, as well as the airworthiness evaluation process for copter procedures. 88 FR 39040 (June 14, 2023). The NPRM also explains that the minimums prescribed for copter procedures are not published in the Code of Federal Regulations; rather, the Standard for Terminal Instrument Procedures (TERPs) are documented on FAA Forms 8260–3, 8260–4, 8260–5, and 8260–15A, and depicted on aeronautical charts published by the FAA. They are incorporated by referenced pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. E:\FR\FM\21NOR2.SGM 21NOR2 92418 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Therefore, the FAA adopts § 194.305 as proposed. lotter on DSK11XQN23PROD with RULES2 D. Part 135 Rules for Powered-Lift The FAA conducted a review of the part 135 regulations to identify which rules specified aircraft, airplane, helicopter, rotorcraft, or powered-lift in the text of the rule. All part 135 regulatory requirements imposed on ‘‘aircraft’’ apply to powered-lift, so any portions of part 135 which are silent to aircraft category are applicable to all part 135 operations conducted with powered-lift. The FAA considered the safety aspects of the rule and whether powered-lift have similar operating and performance characteristics to airplanes or helicopters, and determined which should be applicable to powered-lift. This final rule uses existing requirements for airplane, helicopter, or rotorcraft and includes some new requirements specifically for poweredlift. This final rule will apply to all powered-lift when used in part 135 operations. In response to comments received, the FAA drafted some new performancebased requirements. These new requirements allow the use of some helicopter rules as long as the operator complies with the appropriate risk mitigations that are detailed in the final rule, as an alternative to the airplane rules. Therefore, there is no longer a distinct dividing line between airplane or helicopter rules being applicable to powered-lift, so the final rules below are listed in numerical order. 1. Subpart A: General Subpart A prescribes requirements regarding the applicability, manual requirements, aircraft requirements, and crewmember certificate requirements for part 135. Section 135.1 outlines the applicability of part 135. In particular, § 135.1(a)(9) lists helicopter air ambulance (HAA) operations, as defined in § 135.601(b)(1), as being governed by part 135. Regulations for HAA operations are found in subpart L of part 135. As discussed in section VI.D.8. of this preamble, the FAA is applying subpart L of part 135 to powered-lift that conduct air ambulance operations. Therefore, it is necessary for § 135.1(a)(9) to be applicable to powered-lift that conduct air ambulance operations. The application of § 135.1(a)(9) to powered-lift conducting air ambulance operations was proposed in § 194.308(a). The FAA received one comment from GAMA on proposed § 194.308(a). GAMA requested that powered-lift be treated as helicopters for the purposes of VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 § 135.1(a)(9). As the FAA proposed that § 135.1(a)(9) be applicable to poweredlift conducting air ambulance operations, GAMA’s comment was already addressed in the NPRM. Therefore, the FAA adopts § 194.308(a) as final, but as a result of renumbering it is now § 194.306(a). Section 135.23 specifies the required content for those operators required to have a manual under § 135.21. Section 135.23(r) specifies the manual content requirements of a Destination Airport Analysis. However, the Destination Airport Analysis manual content requirements are only required if a Destination Airport Analysis is required by § 135.385 (‘‘Large transport category airplanes: Turbine engine powered: Landing limitations: Destination Airports’’). As specified in section VI.D.6. of this preamble, § 135.385 applies to large powered-lift per § 194.306(hhh) and (iii). In the NPRM, the FAA proposed in § 194.307(a) that, if a large powered-lift is required by § 194.307(qq) and (rr) to comply with § 135.385, then the requirements of § 135.23(r)(7) would be applicable to powered-lift. The FAA received no comments on proposed § 194.307(a); however, the FAA determined that clarification on § 135.23(r) is necessary. Although subparagraph (r)(7) contains the only specific reference to ‘‘airplane’’ under § 135.23, the FAA is revising the proposed regulatory text under § 194.307(a) to reference ‘‘Section 135.23(r)’’ instead of ‘‘(r)(7)’’ because the introductory text to paragraph (r) of § 135.23 cross-references an airplanespecific section of part 135 (§ 135.385). As a result, to minimize any confusion of whether all of § 135.23(r) applies to powered-lift, the FAA is revising § 194.307(a) to state ‘‘Section 135.23(r)’’. The FAA therefore adopts § 194.307(a) as revised, but as a result of renumbering, it is now § 194.306(b). 2. Subpart B: Flight Operations Subpart B prescribes requirements for flight operations under part 135. Section 135.93 details minimum altitudes for use of an autopilot. The altitude requirements of this section are in place to provide pilots with sufficient altitude for obstacle clearance, taking into consideration the reaction time needed to disengage the autopilot and apply a corrective action should an autopilot malfunction occur. In the NPRM, the FAA stated that the autopilot requirements in § 135.93(a)–(f) would apply to powered-lift because the section is generally applicable to aircraft. While § 135.93 is applicable to aircraft in general, § 135.93(g) excludes PO 00000 Frm 00124 Fmt 4701 Sfmt 4700 rotorcraft from having to comply with the minimum altitudes for use of an autopilot. However, the FAA chose in the NPRM to not apply the exception in § 135.93(g) to powered-lift. In § 194.307(b), the FAA proposed to apply the requirements referencing the ‘‘airplane’’ flight manual to poweredlift, as reflected in a powered-lift’s AFM. The FAA anticipated that powered-lift will conduct most of their autopilotcontrolled flight operations much like an airplane (in wing-borne flight mode), with the lift being primarily produced by the wings thereby enabling a powered-lift to travel at a greater forward velocity than a helicopter. The FAA received three comments on proposed § 194.307(b). The commenters argue that the requirement to use airplane regulations for this rule is prohibitive, short sighted, and is not in the public’s interest. Commenters recommended using ICAO direction, which utilizes the helicopter rules. AWPC asserted that restricting the use of an autopilot in their aircraft below 500 feet AGL is prohibitive. The commenter suggested this is against public interest since their aircraft is capable of sustained hovering maneuvers and is expected to be used for Search and Rescue (SAR) operations at minimum use heights 30 feet above the surface. AWPC indicated that their aircraft will have specific autopilot modes—such as radar altimeter hold, transition down to a hover, barometric altimeter hold, and winchman trim mode—and contends the use of an autopilot should be based on aircraft capabilities. Therefore, AWPC argued that their aircraft should be allowed to engage the autopilot at a certified minimum use heights under the same regulations as permitted for helicopters in § 135.93(g). AUVSI asserted the FAA’s proposal falls short in regard to supporting autonomy, including advanced autopilots, by applying the airplane altitude requirements of § 135.93. The commenter also asserted the FAA is short sighted and safety-limiting by not considering a fully autonomous auto flight system. AUVSI contended the FAA is prohibiting a safety-enhancing system from being able to be used during some of the phases of flight most susceptible to pilot error accidents when autonomous takeoff and landing are being routinely demonstrated by eVTOL (and other) aircraft today. GAMA submitted a comment indicating it represents consensus recommendations from the following powered-lift member companies: AIR, Joby, Vertical Aerospace Group, Airbus Helicopters, AWPC, Volocopter, Archer, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Lilium, Wisk, BETA, Overair, Zipline, EVE Air Mobility, and Supernal. In this comment, they conducted a gap analysis with those regulations they identified and the ICAO guidance to determine whether helicopter or airplane rules should apply. In general, GAMA recommended that the FAA use the ICAO Document 10103 and apply rules for helicopters to powered-lift most of the time. They stated these recommendations were crafted by broad powered-lift industry consensus and supports their entry into service by 2024. GAMA’s group comment requested that powered-lift be included in the rotorcraft exception of § 135.93(g), which means there would be no minimum altitudes for the use of an autopilot installed on powered-lift. The FAA has evaluated the comments and the information that AWPC provided in their comment regarding the capabilities that are built into their autopilot system and the type of operations where the autopilot use would be desirable. This prompted the FAA to reconsider the proposal from the NPRM to unilaterally apply the autopilot enroute requirements of § 135.93(c) to all powered-lift. Due to the hybrid nature of powered-lift and the varying performance capabilities of these aircraft designs, the FAA determined unilaterally applying the rotorcraft exception of § 135.93(g) would not necessarily provide the safety parameters for enroute operations currently set forth in § 135.93(c) to all powered-lift designs. In response to the comments received, for those powered-lift manufacturers that have requested the FAA to evaluate the autopilot system and to subsequently have a published minimum engagement altitude for enroute operations in the AFM, the FAA is providing a performance-based alternative for those aircraft. This performance-based alternative would permit a powered-lift to conduct enroute operations with the autopilot engaged below 500 feet. For an autopilot system to have a minimum engagement altitude for enroute operations specified in the AFM, it must be shown during type certification that the powered-lift can be safely operated at the minimum engagement altitude. However, if no minimum engagement altitude is specified in the AFM, then a poweredlift could not use the autopilot in enroute operations below 500 feet or at an altitude that is no lower than twice the altitude loss specified in the AFM for an autopilot malfunction in cruise conditions, whichever is greater. The addition of the performancebased alternative will maintain the level VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 of safety provided by the current rule since the autopilot system will be evaluated during the aircraft certification process. During the type certification of the powered-lift the authorizations and limitations of the aircraft autopilot system can be documented in the AFM. For those powered-lift that do not have a minimum engagement altitude specified in the AFM, safety will be maintained because the autopilot in the powered-lift may not be used enroute either below 500 feet, or at an altitude that is twice the altitude loss specified in the AFM for an autopilot malfunction, whichever is higher, and this is consistent with the current requirements of § 135.93(c). GAMA recommended to follow the ICAO requirements, which would use the helicopter rule. The FAA disagrees with GAMA’s recommendation and believes that due to the hybrid nature of powered-lift and the varying performance capabilities of these aircraft designs, unilaterally applying the rotorcraft exception of § 135.93(g) would not necessarily provide the safety parameters currently set forth in § 135.93(a)–(f) to all powered-lift designs, and they should be required to adhere to the autopilot limitations provided in their AFM. Therefore, the FAA has amended § 194.307(b), which as a result of renumbering is now § 194.306(c), to provide powered-lift a performancebased alternative for enroute use of autopilots. The FAA is also retaining the provision in § 135.93(c)(3) which permits enroute use of the autopilot at an altitude specified by the Administrator. Section 135.100 details flightcrew member duties and activities in relation to critical phases of flight. Section 135.100 defines ‘‘critical phases of flight’’ as including ‘‘all ground operations involving taxi, takeoff and landing, and all other flight operations conducted below 10,000 feet, except cruise flight.’’ A note appended to § 135.100 states that ‘‘taxi’’ is defined as ‘‘movement of an airplane under its own power on the surface of an airport.’’ The FAA adopted the § 135.100 note in 1981 (Elimination of Duties final rule, 46 FR 5500). As illustrated by the § 135.100 note’s focus on airplanes, people often only associate the ground movement of airplanes with taxiing. However, there are comparable movements of aircraft under their own power, such as ground taxiing by wheeled helicopters. The narrowed focus of the § 135.100 note limits the restrictions in § 135.100 just to airplanes, even though helicopters and powered-lift may have the ability to move under their own power in a PO 00000 Frm 00125 Fmt 4701 Sfmt 4700 92419 similar manner. To maintain an equivalent level of safety for all aircraft conducting operations at an airport, regardless of the category of aircraft and the kind of taxiing they do, all movement of any aircraft under its own power at an airport must be done free from distraction of non-safety related duties and activities. As such, the FAA proposed in the NPRM to amend the note as a permanent change in § 135.100 by broadening the term to ‘‘aircraft’’ from ‘‘airplane,’’ and by applying references to ‘‘taxi’’ in § 135.100 to all categories of aircraft. This change would satisfy the intent of the rule by requiring a sterile cockpit environment for all aircraft during critical phases of flight, which improves safety by reducing distractions for all aircraft operations, including powered-lift. The FAA received one comment on § 135.100 from an individual, who indicated that the proposed definition of ‘‘taxi’’ under § 135.100 does not fully encompass the capabilities or current operating procedures for powered-lift. Specifically, the commenter noted that some powered-lift have the design capability to hover taxi, which the commenter noted was defined in the Pilot-Controller Glossary as ‘‘movement conducted above the surface and in ground effect at airspeeds less than approximately 20 knots.’’ The commenter recommended amending the note in § 135.100 to incorporate the Pilot-Controller Glossary definition of hover taxi to accommodate these types of powered-lift. The FAA agrees with the commenter that the note in § 135.100 does not fully encompass the capabilities or current operating procedures for powered-lift. To ensure the sterile cockpit requirements are being applied during all critical phases of flight, including various forms of taxiing, the FAA is adding both hover taxi and air taxi from the Pilot Controller Glossary to the existing note in § 135.100. This will ensure that flight crewmembers are not distracted when taxiing their aircraft, whether such taxiing is traditional ground taxiing, hover taxiing, or air taxiing. Therefore, the FAA is amending § 135.100 as a permanent change to add paragraph (d), which includes both hover and air taxi under the definition of ‘‘taxi.’’ Section 135.117(a) requires each PIC of an aircraft carrying passengers to ensure that passengers have been orally briefed on certain specific items. In particular, § 135.117(a)(6) requires that, for flights involving extended overwater operations, passengers must be orally briefed on ditching procedures and the use of required flotation equipment. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92420 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations the FAA adopts § 194.308(b) as final, but as a result of renumbering, it is now § 194.306(d). Section 135.128 regulates the use of safety belts and child restraint systems, requiring that each person onboard an aircraft operated under part 135 occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. For seaplane and float equipped rotorcraft operations during movement on the surface, § 135.128(a) makes clear that the person pushing off the seaplane or rotorcraft from the dock and the person mooring the seaplane or rotorcraft at the dock are excepted from the seating and safety belt requirements. This is because a pilot would be unable to moor or launch a seaplane or a float equipped rotorcraft unless a pilot or passenger has their safety belt or shoulder harness unfastened so that they can vacate their seat for the purpose of launching or mooring the seaplane or float equipped rotorcraft. In the NPRM, the FAA proposed in § 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. The FAA received no comments on proposed § 194.307(c). Therefore, the FAA adopts § 194.307(c) as final, but as a result of renumbering, it is now § 194.306(e). With respect to helicopters, an extended overwater operation is defined in § 1.1 as an operation over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline and more than 50 nautical miles from an off-shore heliport structure. Section 135.117(a)(6) applies to all aircraft, including powered-lift conducting extended overwater operations as defined in § 194.103. 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 must ensure that all passengers have been orally briefed on the use of life preservers, ditching procedures, and emergency exit from the rotorcraft in the event of a ditching. This briefing must include the location and use of life rafts and other life preserver devices as applicable.398 In the NPRM, the FAA proposed applying § 135.117(a)(9) to powered-lift in § 194.308(b). The FAA received one comment from GAMA, cosigned by other industry stakeholders on proposed § 194.308(b). Regarding § 135.117, GAMA recommended the FAA apply the ICAO guidance and use the paragraphs stipulated for airplanes for powered-lift, rather than the regulations for rotorcraft. The FAA disagrees with GAMA’s recommendation to only apply the airplane provisions of § 135.117 to powered-lift operations. Powered-lift may have the ability to glide, autorotate, or both. Not all powered-lift designs may be able to perform a glide and ditch similar to an airplane in an emergency. For those powered-lift that are unable to glide and can only conduct an autorotation in an emergency, it is critical to ensure that passengers receive the briefing required by § 135.117(a)(9). Failing to require the § 135.117(a)(9) briefing would expose passengers to unnecessary risk in the event of a water landing. Additionally, the FAA does not have the historical data on powered-lift designs to assert that the positive buoyancy characteristics and the potential to float for a longer period of time—characteristics of airplane designs—will exist in powered-lift. Therefore, the FAA will address powered-lift as helicopters for the purpose of overwater operations. In response to the comment received, the FAA did not make any changes to the proposed regulatory text. Therefore, Subpart C prescribes requirements for aircraft and associated equipment for operations under part 135. Section 135.145 sets out the parameters and the requirements for the Proving and Validation Tests that must be accomplished by a certificate holder.399 In the NPRM, the FAA proposed in § 194.307(d) that, if a certificate holder has not previously proven a powered-lift in operations under part 135, they would be required to conduct at least 25 hours of proving tests as detailed in § 135.145(b)(1) through (3). Section 135.145(d)(1) requires validation tests for the addition of an aircraft that requires two pilots for flight in VFR conditions, or turbojet airplanes. In the NPRM, the FAA proposed in § 194.307(e) that validation testing required by § 135.145(d)(1) would apply to all powered-lift. Under the proposed § 194.307(e), validation testing would be required when an operator requests 398 ‘‘As applicable’’ means if the aircraft is carrying rafts or other life preserver devices onboard, passengers must be briefed on the location and use of these items. 399 Proving tests are necessary to evaluate each certificate holder’s ability to conduct operations safely and in accordance with the applicable regulations. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 3. Subpart C: Aircraft and Equipment PO 00000 Frm 00126 Fmt 4701 Sfmt 4700 authorization to use a powered-lift, unless a powered-lift of the same make or similar design has been previously proved or validated by that operator in operations under part 135. EASA supported the FAA’s intent ‘‘to ensure powered-lift operate to the highest level of safety in part 135,’’ as noted in the FAA’s rationale for proposed § 194.307 in Notice 23–8. EASA asked if the FAA intends to have increased safety requirements similar to part 121 operations. In the SFAR, the FAA intends for powered-lift to comply with the level of safety provided in part 135. To require powered-lift to comply with a higher regulatory requirement than already stipulated in part 135 would place an undue burden on powered-lift operators with no basis to support higher regulatory requirements, such as those found in part 121. In response to the comments received, the FAA did not make any changes to the proposed regulatory text. Therefore, the FAA adopts § 194.307(d) and (e) as final, but as a result of renumbering, they are now § 194.306(f) and (g), respectively. Section 135.150 requires a public address and crewmember interphone systems for aircraft that have a passenger seating configuration of more than 19, excluding any pilot seat. Section 135.150 works in conjunction with § 25.1423, which requires any public address (PA) system that is required for use in air carrier service to be powered by a source that remains powered when the aircraft is in flight or stopped on the ground, after the shutdown or failure of all engines and auxiliary power units, or the disconnection or failure of all power sources dependent on their continued operation. The FAA proposed in § 194.307(f) that, for large powered-lift, the public address system required by § 135.150(a)(7) must comply with § 25.1423 or such airworthiness criteria as the FAA may find provides an equivalent level of safety in accordance with § 21.17(b). Additionally, the FAA proposed 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 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). The FAA received no comments on proposed § 194.307(f) and (g). Therefore, the FAA adopts § 194.307(f) and (g) as final, but as a result of renumbering, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations they are now § 194.306(h) and (i), respectively. Section 135.151 requires cockpit voice recorders (CVRs) on certain turbine-powered airplanes and rotorcraft. CVRs enhance safety and are required in turbine-powered airplanes and rotorcraft carrying a certain passenger count as a necessary hazard analysis tool used during an accident investigation. In the NPRM, the FAA proposed in § 194.307(h) through (m) to require CVRs for powered-lift with the same seating configurations and pilot requirements that are in § 135.151. In § 194.307(h), the FAA proposed that powered-lift which have a passenger seating configuration of six or more and for which two pilots are required by certification or operating rules, or that have a passenger seating configuration of 20 or more seats will be required to comply with § 135.151(a) or (b), regardless of the type of powerplant. In § 194.307(k), the FAA proposed applying § 135.151(g)(1) to powered-lift with a passenger seating configuration of six or more seats, for which two pilots are required by certification or operating rules, and that are required by § 135.152 to have a flight data recorder. In § 194.307(l), the FAA proposed applying § 135.151(g)(2) to powered-lift with a passenger seating configuration of twenty or more seats and which are required by § 135.152 to have a flight data recorder. The FAA also proposed in § 194.307(j) and (m) that, although § 135.151(d) and (h) reference airplanes or rotorcraft, these paragraphs will also apply to powered-lift to ensure that uninterrupted audio signals are recorded and that all datalink messages are recorded when required. The FAA will include CVR airworthiness requirements during type certification based on an applicant’s proposed operational needs. Operators must ensure that the CVR for each poweredlift 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 received two comments on when a powered-lift would be required to be equipped with a CVR. ALPA provided a comment arguing that limiting the requirement to equip powered-lift with CVRs, FDRs, or TAWS (see section VI.B.7. of this final rule) based on seating configuration would exclude the first generation of poweredlift from the safety benefits of this equipment. ALPA disagreed with the FAA’s rationale, arguing that the FAA has based its rationale on traditional VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 aircraft and flight operations. They asserted these emerging novel entrants into the NAS pose a new challenge to the safety matrix of commercial aviation, and therefore the existing practices of aircraft weight, size, and seating capacity for required safety equipment is unjustified. ALPA recommended all powered-lift (regardless of seating capacity) should be equipped with a CVR. EASA commented about the requirement to equip powered-lift with CVRs and FDRs. EASA argued that it is crucial to consider the important role this equipment provides in incident and accident investigations, emphasizing its importance for those eVTOLs with lower passenger capacity who are engaging in commercial passenger transportation in congested areas. EASA asked the FAA to take into consideration that the majority of the current designs of eVTOL will not be required to equip their aircraft with a CVR due to seating capacity. They requested that the FAA clarify if alternatives are going to be considered to compensate for the lack of such recording capability in the AAM group. The FAA agrees that CVRs provide valuable information during accident investigations. However, the FAA does not agree that it is necessary for all powered-lift, regardless of seating capacity, be equipped with a CVR. The FAA reduced the minimum seat requirement in § 135.151(a) and (g)(1) from 10 passenger seats to 6 passenger seats in 1987 because of the large number of small airplanes that operate with seating configurations of six to nine passenger seats and that are required by certification or part 135 operating rules to have two pilots. In 1988, the FAA required rotorcraft with the same passenger seat configurations and operational requirements as airplanes to be equipped with a CVR. For the same reasons that the FAA imposed the CVR requirements for airplanes and rotorcraft with certain seating capacities, the FAA will require CVRs for powered-lift with those same seating configurations and pilot requirements, regardless of the types of powerplant. The FAA has determined that requiring equipment such as CVR for all powered-lift regardless of the seating capacity is not warranted at this time because the FAA does not have the data to support requiring CVRs to be installed on powered-lift with less than six passenger seats. Additionally, requiring a CVR on powered-lift with less than six passenger seats increases the associated costs and requires a higher standard than what is currently PO 00000 Frm 00127 Fmt 4701 Sfmt 4700 92421 in place for other aircraft of similar passenger seating capacity. Therefore, the FAA adopts § 194.307 (h), (i), (j), (k), (l) and (m) as final, but as a result of renumbering, they are now § 194.306(j), (k), (l), (m), (n) and (o). Section 135.152 specifies when a flight data recorder (FDR) is required to be installed on an aircraft, parameters to be recorded, and installation requirements. The FAA proposed in § 194.307(n) to apply § 135.152(c), (d), (f), and (j) to powered-lift with a passenger seating configuration, excluding crewmember seats, of 10 to 30. The FAA proposed in § 194.307(o) to apply § 135.152(a) to powered-lift with a passenger seating configuration of 10 to 19 seats. Additionally, the FAA proposed in § 194.307(p) that § 135.152(b) and (b)(3) apply to powered-lift with a passenger seating configuration of 20 to 30 seats, regardless of the type of powerplant. The FAA received three comments on when a powered-lift would be required to be equipped with a FDR, and one comment on the FDR recording parameters. ALPA expressed general support for the FAA’s analysis of part 135 regulations and identification of helicopter rules that are appropriate for powered-lift. However, ALPA pointed out several proposed rules under § 194.307 that would only apply to powered-lift with certain minimum seating capacities. ALPA said that, because powered-lift generally have less than six seats, many powered-lift would be excluded from the safety benefits provided by these rules. ALPA therefore recommended that these rules apply to all powered-lift, regardless of seating capacity, for enhanced safety. Similarly, EASA stated in their comment that most current eVTOL do not meet the minimum passenger seating configurations and therefore would not be affected by the proposals requiring either a CVR or FDR under § 194.307. Without these CVR and FDR provisions, EASA noted that there will be a lack of data. EASA advocated for applying § 194.307 to all powered-lift, regardless of seating capacity. Additionally, GAMA noted that the ICAO Document 10103 framework would result in powered-lift of certain weight to be required to install FDRs, rather than basing it on seating capacity. GAMA stated that this would enable operators to collect and share data about the suitability of rotorcraft rules. GAMA further recommends that the FAA apply ICAO guidance and replace the term ‘‘helicopter’’ or ‘‘rotorcraft’’ with ‘‘powered-lift,’’ as written in ICAO Annex 6, Part 3, Section 2, Chapter 4, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92422 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 4.3.1.1. This would add a weight requirement of 4,960 pounds to trigger the installation of an FDR, instead of a 10-passenger seat capacity trigger. The FAA considered the comments requesting the FAA to require all powered-lift to be equipped with an FDR, regardless of the passenger seating capacity, as well as an aircraft weight in lieu of a passenger seat capacity threshold. When the FDR rule was first promulgated in 1988, it was based on NTSB safety recommendations. In response to a number of significant events and the substantial growth in commuter air transportation, the FAA required FDRs for all multiengine turbine-powered airplanes and rotorcraft operated under part 135 having a passenger seating configuration of 10–19 seats. In the FDR final rule, the FAA acknowledged that the FDR requirements for larger aircraft operating under part 135 are more stringent than those for smaller aircraft because the small aircraft are required to be equipped with cockpit voice recorders.400 The FAA determined the cost of installing cockpit voice recorders is substantially less than that of flight data recorders and therefore would not be a significant burden on small operators.401 The FAA acknowledges that FDR data is beneficial for accident investigations. However, the FAA continues to believe that the benefits of requiring an FDR would not be justified in aircraft with less than 10 passenger seats because the FAA does not yet have the data to support requiring FDRs to be installed on powered-lift with less than ten passenger seats. Without the data to support requiring an FDR on poweredlift with less than ten passenger seats, the associated costs and mandating a higher standard than what is currently in place for other categories of aircraft of similar passenger seating capacity is not justified. As such, the FAA will not adopt ALPA and EASA’s recommendation to require FDRs for all powered-lift, regardless of seating capacity. Additionally, the FAA will not adopt GAMA’s suggestions to base the FDR requirement on aircraft weight rather than seating capacity. Basing the FDR requirement on seating capacity for powered-lift is consistent with how the FAA has historically determined whether FDR is required. Therefore, the FAA will continue basing the determination of whether FDR is 400 See Cockpit Voice Recorders (CVR) and Flight Recorders, final rule, 53 FR 26134, 26137 (Jul. 11, 1988). 401 Id. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 required on seating capacity, not aircraft weight. An individual commenter said the proposed FDR tables for part 135 only address vertical-lift and wing-borne flight modes. The commenter said the rule should address powered-lift transition (VTOL-airplane), and conversion (airplane-VTOL) modes of flight under all applicable and relevant sections. In response to the individual commenter regarding the proposed FDR Tables, the FAA responds that not all powered-lift designs will have transition and conversion modes like a tilt-rotor as referenced by the commenter. The NPRM discussed the two flight modes that the operational rules refer to, these are wing-borne and vertical-lift flight modes.402 Wing-borne flight mode is when a powered-lift is operating more like a traditional airplane, which uses a wing to generate lift and depends exclusively or partially on nonrotating airfoil(s) for lift during takeoff, landing, or horizontal flight. Vertical-lift flight mode refers to a powered-lift that is operating like traditional rotorcraft, which is in a configuration that allows vertical takeoff, vertical landing, and low speed flight; and depends principally on engine-driven lift devices or engine thrust for lift. The FAA recognizes powered-lift will have the ability to transition in and out of the vertical-lift flight mode. In the NPRM, the FAA proposed requiring the FDR to record all data during the manipulation of all primary flight controls for all axes, which includes recording the full range during any transitions in and out of the vertical-lift flight mode. These parameters were included in Table 1 to § 194.312 and Table 1 to § 194.314 in the proposed SFAR. Therefore, the FDR would record all parameters, including when a powered-lift is transitioning in and out of the vertical-lift flight mode. In response to the comments received, the FAA did not make any changes to the proposed regulatory text, and adopts as final § 194.307(n), (o), and (p), which as a result of renumbering is now § 194.306(p), (q), and (r), as well as Table 1 to § 194.314 and Table 1 to § 194.315, which as a result of renumbering are now Table 1 to § 194.312 and Table 1 to § 194.313, respectively. While considering the FDR requirements of § 135.152, the FAA became aware of the need for a technical correction in § 135.152(j), which crossreferences the operational parameters 402 See Section XIII (‘‘Definitions’’) for more information on how the FAA defines these flight modes in the final rule. PO 00000 Frm 00128 Fmt 4701 Sfmt 4700 that must be recorded for turbine-engine powered airplanes with a seating configuration of 10 to 30 passenger seats. The FAA proposed to correct the cross-reference in § 135.152(j) to refer to § 135.152(h)(1) through (h)(88). The technical correction for paragraph (j) will be adopted as final to § 135.152. Section 135.154 requires turbinepowered airplanes to be equipped with TAWS. To ensure that powered-lift engaged in air carrier operations will be operated at the highest possible degree of safety, as required by 49 U.S.C. 44701(d)(1)(A), the FAA proposed in § 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 proposed in § 194.307(q) that § 135.154(c) apply to powered-lift as they will be required to have an AFM that contains the appropriate procedures on the use of this equipment and the proper flight crew reactions in response to the activation of a terrain awareness system. This ensures powered-lift equipped with HTAWS or an FAA-approved TAWS A/HTAWS hybrid system are operated at a level of safety that a terrain awareness system currently provides for airplanes. The FAA received two comments, one from ALPA and one from EASA, on when a powered-lift would be required to be equipped with a TAWS or HTAWS. ALPA recommended that TAWS or HTAWS as applicable should be required for all powered-lift regardless of seating capacity. ALPA stated that, if HTAWS is required for helicopter operations, it should also be required for similar powered-lift operations regardless of the seating capacity. ALPA argued that this would ensure the highest level of safety in this novel aircraft type, and operations. The FAA has determined that without a TAWS A/HTAWS hybrid system, and until a TAWS specification is developed specifically for powered-lift, the current HTAWS specification, which requires a terrain display unit, would provide the best level of safety without an undue number of nuisance alerts. To ensure that powered-lift engaged in air carrier operations will be operated at the highest possible degree of safety, as required by 49 U.S.C. 44701(d)(1)(A), the FAA will require any powered-lift having a passenger seating E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 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. The FAA does not believe there is any justification to require a terrain awareness system for all powered-lift and will retain the threshold of a passenger seating capacity of 6 or more for those powered-lift conducting operations other than air ambulance operations. Powered-lift conducting air ambulance operations, regardless of passenger seat configuration, will be required to be equipped with an HTAWS or a FAA-approved TAWS–A/ HTAWS hybrid system. This will align the powered-lift requirements with those currently required for helicopters and airplanes. Therefore, the FAA has determined requiring any terrain warning system for all powered-lift, regardless of the seating capacity, is not warranted at this time. Additionally, the FAA has no data to support ALPA’s request to require terrain warning systems on all powered-lift. The FAA has determined the justification of complexity, size, speed, and flight performance characteristics mentioned in the final rule of March 29, 2000, including passenger seating capacity, is still valid today and will be applied uniformly to powered-lift.403 In their comment, EASA asked whether the FAA considered standards for the implementation of congested area databases for the HTAWS requirements. In response to EASA’s comment regarding the implementation of congested area databases for the HTAWS requirements, the obstacle and terrain databases include data for congested areas, and this subject is covered in TSO–C194 and Section 2 of RTCA DO–309, which are incorporated by reference under § 194.306(s) and (ooo). In response to the comments received, the FAA did not make any changes to the proposed regulatory text and adopts § 194.307(q) as final, but as a result of renumbering it is now § 194.306(s). Section 135.158 requires transport category airplanes equipped with a flight instrument pitot heating system to also be equipped with an operable pitot heat indication system that complies 403 See Terrain Awareness and Warning System, final rule, 65 FR 16736 (Mar. 29, 2000). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 with § 25.1326.404 The FAA anticipates that powered-lift will incorporate technological advances in aircraft display, will require highly augmented advanced flight control systems, and will be capable of operations in conditions conducive to icing. Accordingly, in the NPRM, the FAA proposed in § 194.307(r) that § 135.158 apply to all powered-lift that have a required pitot heating system installed. Section 194.307(r) cites the § 135.158 rule and invokes § 25.1326, which mandates a prescriptive means (‘‘amber light’’) to indicate pitot heat failures. The FAA received one comment on the proposed § 194.307(r) from BETA. BETA agreed that it is necessary for highly augmented, advanced flight control systems to include indication of pitot heat failures. BETA also agreed that the safety intent of the rule makes sense to apply to powered-lift. However, BETA argued that it does not make sense to apply the prescriptive means of indication used by part 25 transport category aircraft to powered-lift. BETA stated that many modern aircraft present pilot alerts through means other than colored flight deck lights, such as Crew Alerting System (CAS) alerts. BETA noted that, in March 2022, the FAA accepted ASTM F3120/F3120M–20 as an accepted means of compliance for § 23.2605, which covers crew alerting. Section 8.2.1 of ASTM F3120/F3120M– 20 provides that the alert must conform to a ‘‘Caution’’ alert that is in clear view of a flightcrew member. This means of compliance allows the applicant to maintain a consistent flight deck indication philosophy, which is preferable from a safety and human factors perspective. BETA understood the FAA’s safety intent is to require a crew alert that conforms to a prioritization hierarchy based on the urgency of flightcrew awareness and response if the pitot heat fails. BETA asserted this can be accomplished without the prescriptive aspects of § 25.1326(a), which may be inconsistent with the crew alerting philosophy or flight deck design of a specific poweredlift. BETA recommended the FAA revise the SFAR to adopt § 135.158 with modifications to change ‘‘amber light’’ in the referenced § 25.1326(a) to ‘‘Caution alert’’ to allow for the pitot heat indication as appropriate for powered-lift. The FAA agrees with BETA that the alert should not only be limited to an amber light and that there should be 404 Transport Category Airplanes—Pitot Heat Indication Systems, final rule, 46 FR 43804 (Aug. 31, 1981). PO 00000 Frm 00129 Fmt 4701 Sfmt 4700 92423 another FAA-approved method of crew notification, such as a caution alert. Technological advances in aircraft crew alerting systems, including electronic cockpit displays, can provide equal or better notification to the flightcrew of improper operation or failure of systems. These highly automated systems will provide an equal or better indication to the flightcrew as would be provided by an amber light. The FAA is therefore amending the proposed regulatory text for § 194.307(r) to allow for the indication in powered-lift to be something other than an amber light when a pitot system is not operating. Therefore, the FAA has amended the SFAR to allow compliance with the criteria established under § 23.2605, § 25.1326, or equivalent airworthiness criteria established during certification under § 21.17(b). The requirement will be that the alert is in clear view of a flightcrew member. The FAA adopts the amended regulatory text in § 194.307(r) as final, but as a result of renumbering it is now § 194.306(t). Section 135.159 stipulates the equipment requirements for when an aircraft is carrying passengers under VFR at night or under VFR over-the-top conditions. When powered-lift are operated in wing-borne flight mode, they operate much like a traditional airplane in cruise flight. As such, the FAA proposed in § 194.307(s) that the exception in § 135.159(a)(1), which allows for an aircraft to be equipped with a third attitude indicator in lieu of a gyroscopic rate-of-turn indicator, should apply to powered-lift with a third attitude indicator. Section 135.159(a)(1) provides a separate standard for the third attitude indicator for airplanes as compared to helicopters. Under § 194.307(s), operators seeking to use the exception in § 135.159(a)(1) must ensure that the powered-lift is equipped with an attitude indicator capable of displaying the pitch and roll specifications of flight attitudes of 360 degrees of pitch-and-roll. The FAA received two comments on proposed § 194.307(s), one from Joby and one from GAMA. Joby indicated the FAA’s proposal is overly prescriptive and inappropriate for powered-lift. Joby argued that their own systems inherently understand attitude and rates. Joby further stated that, if their attitude control system were to improperly estimate this data, the pilot cannot take control of the aircraft, even if the pilot correctly understands the attitude, because all pilot commands would be interpreted via a malfunctioning flight computer. Joby argued that such fly by wire E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92424 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations systems will be designed to the appropriate development assurance level (DAL) to control the aircraft under all conditions and will generally include redundant sensing with voting and exclusion of failed or misleading sensors. Joby asserted that, in these full-time fly-by-wire aircraft, there is no safety benefit from independent sensing of attitude or other primary flight indications. Joby stated that it is sufficient for their system to display the output of its own attitude estimation since their system will be designed with the availability and redundancy needed to control the aircraft in all conditions. Joby also stated that, given the level of flight augmentation in their fly-by-wire system, the pilot will not perform attitude management or other stability tasks, instead being primarily focused on navigating the aircraft. Joby stated this is the case even in IMC conditions. Joby also argued that requiring a specific number of sensors, displays, or type of sensing is inappropriate and should instead be performance-based. Joby stated that each proposed design should be evaluated against the criticality of attitude information to the pilot and the hazard presented by loss of information, as well as the integrity of the source of information. Joby further asserted that, for powered-lift, there may not be a need to have multiple attitude sources displayed to the pilot simultaneously. Joby stated that, in their aircraft, the pilot does not have the task of comparing multiple data sets and deciding which are not correct, and thus there should not be a prescriptive requirement to show multiple displays of attitude or turn rate to the pilot. Joby also asserted that the highly augmented systems installed on powered-lift are often envelope-limited and will therefore prevent the aircraft from exiting a narrow set of pitch and roll angles. As such, Joby argued that no pilot input can cause an exceedance, which is inherently a loss of control event, as it represents a failure of the fundamental control laws. With indirect controls, the pilot would not be able to recover an aircraft beyond programmed pitch or roll limits, as the flight control system itself is already outside of approved functionality. According to Joby, requiring sensing that works through 360 degrees is also inappropriate. They asserted that this would require implementation and demonstration of a device which cannot be exercised by a properly functioning flight control system and may require applicants to design attitude sensing beyond aircraft performance only to meet this rule. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 In their comment, GAMA provided the recommendation to use the ICAO guidance provided for helicopters for this rule. The FAA disagrees with both of the commenters. According to § 91.3, the pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft. This cannot be delegated away from the pilot in command, regardless of the flight control or avionics package installed in the aircraft. Section 135.159 requires the aircraft to be equipped with certain instrumentation when carrying passengers under VFR at night or under VFR over-the-top conditions. Pilots engaging in VFR night operations may often unexpectedly encounter unpredicted adverse weather conditions which necessitate the use of instruments to safely pilot the aircraft out of the area. Additionally, during flights on dark nights over areas in which few, if any, ground reference lights are available, control of the aircraft is, to a great extent, dependent upon reference to instruments. Instrument flight may also become necessary in over-the-top operations due to such things as mechanical emergencies and weather conditions. The rate-of-turn indicator and the pitch and bank indicator ensures a single point of failure will not leave a pilot with no bank indication, enabling a pilot in command to maintain the safety of the flight and fulfill his responsibility for that flight. The FAA asserts the equipment requirements of § 135.159 are essential, and since powered-lift in wing-borne flight mode operate similar to an airplane, the powered-lift needs to be equipped with a gyroscopic rate-of-turn indicator, except a third attitude indicator capable of displaying the pitch and roll specifications for airplanes may be used in place of the required gyroscopic rate-of-turn indicator. Additionally, there is no requirement to use the exception provided in § 135.159(a)(1). Operators could choose to comply with § 135.159(a) and install a gyroscopic rate of turn indicator. Section 194.307(s) simply gives powered-lift operators the option to use a third attitude instrument system instead of a gyroscopic rate of turn indicator, as allowed for airplanes in § 135.159(a)(1). Therefore, the FAA adopts § 194.307(s) as final, but as a result of renumbering it is now § 194.306(u). Section 135.160 requires radio altimeters for all rotorcraft operations conducted under part 135. The FAA proposed in § 194.308(c) to require persons operating powered-lift to comply with the radio altimeter PO 00000 Frm 00130 Fmt 4701 Sfmt 4700 requirements of § 135.160(a).405 Consistent with rotorcraft that must comply with § 135.160(a), the FAA also proposed to allow persons operating powered-lift with a maximum takeoff weight no greater than 2,950 pounds to have the ability to apply for a deviation from the radio altimeter requirements in accordance with § 135.160(b). The FAA received two comments with one being partially in favor of the FAA’s proposal. Joby indicated that the FAA’s proposed rationale for requiring a radio altimeter is overly broad and does not address specifics for electric poweredlift or their intended types of operations, namely urban air taxi, air tours, or short, regional flight operations. Joby argued that a radio altimeter may not be necessary or even beneficial to safety for those types of operations. Joby asserted that powered-lift with advanced flight control systems do not exhibit the same safety concerns from inadvertent IMC encounters as traditional part 135 helicopters. Joby further stated that the use of radio altimeters in urban settings does not provide the same assumed benefits and may decrease operational safety. Joby urged the FAA to consider revising the radio altimeter requirements for powered-lift to address the types of operations where radio altimeters would be most beneficial, and to carefully consider specific aircraft design characteristics, equipage, or functionality when determining ‘‘unless otherwise authorized in the certificate holder’s approved minimum equipment list’’ under § 135.160(a). They also suggested revising § 135.160(b) to allow deviations based on the type of operations and specific aircraft design characteristics, equipage, and functionality. According to Joby, electric poweredlift are not intended to be operated in the type of missions or environments that lead to the type of accidents that motivated the adoption of § 135.160. Joby stated that helicopters flying under part 135 are traditionally used for a wide variety of missions, while electric powered-lift are intended to be operated in a very narrow range of missions with ranges typically under 100 NM. Joby argued that the value of a radio altimeter for additional situational awareness and safety margin due to unknowns from off-airport operations and unimproved landing zones will inherently be much lower for electric powered-lift than for traditional helicopters. 405 A–02–35 NTSB recommendation to incorporate radio altimeters for passenger carrying operations. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Joby asserted that the risk of losing visual acuity due to flat light, whiteout, or brownout is much more likely to occur during off airport operations or flight over rural or mountainous terrain. Joby stated the environments for urban air taxi, urban air tour, and short regional flights in metropolitan areas are different. These operations will be conducted in well developed areas where there are more buildings, roads, lights, surrounding structures, and prepared surfaces which provide good visual cues and allow pilots to maintain good depth of field and contrast in their vision. Therefore, according to Joby, the risk of exposure to flat light, whiteout, and brownout conditions will be significantly diminished. Joby also mentioned that some electric poweredlift being developed may be prohibited from operating in falling or blowing snow and takeoff and landing from snow covered surfaces. Joby stated that ‘‘many powered-lift currently in development are using advanced flight control systems with advanced means of flight stabilization, flight augmentation, and envelope protection—such as flight path hold, altitude hold, airspeed hold, hover hold, level flight mode, ROC/ROD protection, and similar functionality.’’ According to Joby, these aircraft exhibit much lower pilot workload for aviating and navigating tasks than traditional helicopters and allow for much safer flight in situations with reduced visibility. Joby stated that these aircraft use modern flight deck avionics systems that have significantly improved situational awareness compared to traditional rotorcraft. Therefore, Joby argued that the pilots of these poweredlift will have a much higher level of situational awareness in general than pilots of traditional VFR helicopters. Joby asserted that this situational awareness is more effective than radio altimeters in most phases of flight because radio altimeters cannot look forward of the aircraft, while technologies such as HTAWS can. Joby stated that, during a loss of visual reference due to flat light, whiteout, brownout, or any other inadvertent IMC encounter, powered-lift will behave significantly differently from traditional rotorcraft that depend on the pilot to maintain stability and control and ascertain the flight path relative to the ground or obstacles. According to Joby, powered-lift flight control systems are intentionally designed to revert to safe and stable flight when the pilot lets go of the controls. Therefore, Joby stated the assumed safety benefit of a radio altimeter for loss of visual reference due VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 to flat light, whiteout, brownout, or other, inadvertent IMC encounter is significantly reduced and may be negligible. Joby argued that the proposed requirement is problematic due to the current radio altimeter TSO performance requirements. Joby suggested allowing for alternative, lower power, lower performance radio altimeters or for performance-based functionality, which may be non-TSO equipment or functionality approved under the Type Design. Joby argues that increased flexibility, to meet the ‘‘FAAApproved radio altimeter’’ requirement would allow the industry to develop solutions better suited to improve safety in urban environments. For these reasons, Joby contended that a universal requirement for all powered-lift to be equipped with a radio altimeter for part 135 operations is misplaced and would negatively impact electric powered-lift conducting air taxi flight operations. The FAA disagrees with Joby and has determined that radio altimeters are an important safety device designed to inform the pilot of the aircraft’s actual height above the surface. The FAA also believes that radio altimeter requirements should not be limited to only IMC flights, as radio altimeters provide additional situational awareness during inadvertent encounters with IMC as well as additional situational awareness after encounters with brownout, whiteout, or other situations where vision is suddenly limited and pilots lose their reference to the horizon and the ground. Powered-lift, like rotorcraft, can conduct vertical-lift flight mode take-offs and landings, so they could be susceptible to these same hazards that are applicable to rotorcraft. Furthermore, the regulation takes into consideration the various designs of powered-lift and the different types of operations/missions that may be conducted with those aircraft, not just a segment of the operations that could be conducted with a powered-lift as requested by the commenter. Additionally, the FAA believes that electric powered-lift transporting passengers, including those operations conducted in concentrated urban environments, could encounter some of the hazards cited above and would benefit from the information that a radio altimeter provides to the pilot. As such, the FAA intends to apply the radio altimeter rule broadly, so that the safety enhancements provided by the radio altimeter will be available to all powered-lift regardless of the types of operations they perform. PO 00000 Frm 00131 Fmt 4701 Sfmt 4700 92425 The FAA disagrees with Joby’s recommendation to expand the deviation authority contained in § 135.160(b). When the FAA published the final rule requiring radio altimeters, it recognized there was a limited number of older helicopters used in part 135 operations that may not have adequate room on the flightdeck to install a radio altimeter.406 Therefore, the FAA included the ability for a certificate holder to obtain a deviation from this rule for circumstances when a radio altimeter cannot physically be located on the flightdeck. The FAA also noted that an HTAWS or other device such as a multi-function display that incorporates a radio altimeter would be permitted under this rule and that deviation authority may not be warranted for helicopters in which a radio altimeter can be incorporated into the flightdeck’s existing configuration. The FAA believes there is no justification to expand the deviation for powered-lift beyond the original limit of no greater than 2,950 pounds. This would ensure that powered-lift and helicopters will use the same criteria for authorization of a deviation as explained in the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule of 2014. In response to Joby’s request for a discussion about the relief provided for radio altimeters in a certificate holder’s MEL, the FAA notes that powered-Lift MMELs will be treated no differently than any other aircraft with regard to MMELs. Proposed MMEL relief is normally submitted to the FAA by manufacturers or operators. The entity that requests the relief is responsible for submitting an evaluation plan that considers all phases of flight operation and that demonstrates that flight operations with the inoperative item will have an equivalent level of safety compared to flight operations with the same item operative. In response to Joby’s comment requesting the FAA revise part 194 rules to allow for alternative, lower power, lower performance radio altimeters or performance-based functionality, which may be non-TSO equipment or functionality approved under the Type Design, the FAA notes that § 135.160 requires a radio altimeter be ‘‘FAAapproved.’’ Radio altimeters installed as part of the initial type design or a type design change would be FAA-approved. However, if the equipment was to be installed after initial aircraft certification, then the radio altimeter 406 79 E:\FR\FM\21NOR2.SGM FR 9932, 9939 (Feb. 21, 2014). 21NOR2 lotter on DSK11XQN23PROD with RULES2 92426 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations would need to meet a TSO standard and be an FAA-approved device. GAMA recommended that the FAA use ICAO Document No. 10103 and apply the rule for helicopters in § 135.160 to powered-lift. The FAA reviewed ICAO Document No. 10103 and notes that the document indicates that radio altimeters should only be required in powered-lift that must perform a forced landing when experiencing a critical power-unit failure at any stage in the flight profile while operating in Instrument Meteorological Conditions (IMC). The FAA agrees with GAMA in that § 135.160 should be applicable to powered-lift as it is applicable to rotorcraft. However, the FAA disagrees that the radio altimeter should only be required when a powered-lift must perform a forced landing when experiencing a critical power unit failure at any stage in the flight profile while operating in IMC. As stated in the NPRM, radio altimeters are valuable safety tools that can provide additional situational awareness during an inadvertent encounter with IMC, as well as additional situational after encounters with brownout, whiteout, or other situations where vision is suddenly limited and pilots lose their reference to the horizon and the ground. Additionally, radio altimeters can greatly improve a pilot’s awareness of height above the ground during hover, landing in unimproved landing zones, and landings in confined areas where a more vertical approach may be required. The situations where a radio altimeter can provide valuable situational information are not limited to only operations conducted in IMC conditions but can also occur during VFR or flights conducted in VMC conditions where a pilot encounters conditions that they initially did not anticipate. In response to the comments received, the FAA did not make any changes to the proposed regulatory text and adopts § 194.308(c) as final, but as a result of renumbering it is now § 194.306(v). Section 135.163 outlines the equipment requirements for all aircraft carrying passengers under IFR. Section 135.163(g) contains an exception for multi-engine helicopters that states the two required generators may be mounted on the main rotor drive train and a loss of one powerplant will not affect both generators since they are on a common drive train. Section 135.163 currently applies to powered-lift as written. The FAA proposed in § 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 drivetrain system that is driven by two separate powerplants and able to run the two required generators because, just as for rotorcraft, the loss of one powerplant would not affect both generators. The FAA received no comments on proposed § 194.308(d) and therefore adopts § 194.308(d) as final, but as a result of renumbering it is now § 194.306(w). Section 135.165 details communication and navigation equipment for extended over-water or IFR operations. This section is general to aircraft except for § 135.165(d) and (g)(1), which are specific to airplanes. The FAA determined that paragraph (d) should also apply to powered-lift with a passenger seating configuration, excluding any pilot seat, of 10 seats or more, or a powered-lift used in commuter operations, regardless of the type of powerplant, as proposed in § 194.307(t). Paragraph (g) provides for extended over-water exceptions that allow the use of a single long-range navigation and single long-range communication system in certain geographic areas as authorized by the FAA. A list of operational factors the FAA may consider is listed in paragraph (g)(1)–(3) of § 135.165. Although (g)(1) uses the term airplane, the FAA proposed in § 194.307(u) to extend the ability to request that exception to powered-lift that are able to conduct extended overwater operations. The FAA proposed that paragraphs (d) and (g)(1) apply to powered-lift, as this will ensure powered-lift will be able to communicate as required during IFR and extended over-water flights. The FAA received no comments on proposed § 194.307(t) and (u), and therefore, adopts § 194.307(t) and (u) as final, but as a result of renumbering they are now § 194.306(x) and (y). While developing this final rule, the FAA noted that § 135.165(d) inadvertently continued to reference part 119 for the definition of ‘‘commuter operation.’’ The definition of ‘‘commuter operation’’ was moved to § 110.2 in the Operations Specifications final rule (76 FR 7482, Feb. 10, 2011). The FAA is adopting a permanent amendment to § 135.165(d) to reflect the current location of the ‘‘commuter operation’’ definition. Section 135.168 contains requirements for emergency equipment for rotorcraft overwater operations. In the NPRM, the FAA proposed to apply § 135.168 to powered-lift under § 194.308(e). Under the proposed § 194.308(e), if the powered-lift is operating overwater beyond the gliding PO 00000 Frm 00132 Fmt 4701 Sfmt 4700 or autorotational distance of the shoreline, then life preservers must be provided and worn by each occupant. In the NPRM, the FAA indicated that powered-lift operated overwater will have a survivability sequence (sequence of events which occur upon impact with the water) more similar to rotorcraft than airplanes, and that the donning of life preservers would provide for the greatest likelihood of surviving in the water versus requiring the carriage of a life raft whenever powered-lift are conducting overwater operations beyond gliding and/or autorotational distance from the shoreline. The FAA received three comments on proposed § 194.308(e). According to GAMA, certain powered-lift demonstrate the capability to glide in a manner similar to airplanes when carrying passengers over water. GAMA asserted that, in such cases, it is imperative that the FAA apply the relevant airplane version of the rule to ensure appropriate and effective oversight. GAMA argued that, by recognizing the glide capabilities of these powered-lift, the FAA can optimize safety measures and streamline regulations accordingly. GAMA further argued that it is crucial to take full advantage of the similarities to airplane operations in these specific scenarios to maintain an equivalent level of safety for passengers and to facilitate smooth and efficient operations. AWPC stated that their aircraft, the AW609, is a tiltrotor and is designed to operate like a pressurized turboprop airplane when in horizontal flight mode. AWPC argued that the AW609 has the equipment and related characteristics of a helicopter to conduct ditching procedures. This design approach, according to AWPC, addressed the concerns the FAA stated in the proposed SFAR such as buoyancy and the duration to remain afloat after ditching in water. AWPC further stated that the AW609 Tiltrotor has design features such as a door above the waterline, wing fuel tanks, and a pressurized cabin with closeable outflow valves, as well as being equipped with an overhead escape hatch and flotation system. Therefore, AWPC contended that the application of helicopter rules is inappropriate for the AW609 Tiltrotor and requests the FAA apply a performance and equipagebased approach to applying regulations for overwater operations to the AW609 Tiltrotor. Joby recommended the FAA follow the ICAO guidance for powered-lift, which Joby stated applies airplane rules to powered-lift for overwater operations. Joby also recommended that the FAA E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations reverse course on many of the proposed powered-lift rules and instead use helicopter-based rules to align with ICAO Document 10103. Joby stated that, for situations like overwater operations where helicopter rules would not be advisable, limitations can be placed in the AFM or, in very limited situations, addressed through placards. According to Joby, this approach would result in a more logical transition from existing aircraft types to powered-lift. The FAA has reviewed the comments received and as part of the review, the FAA considered § 136.9, which addresses commercial air tours operating over water beyond the shoreline. Sections 136.9 and 135.168 are similar because they stipulate when a life preserver is required to be worn. The FAA determined that the performance-based criteria of § 136.9(b)(3) could provide flexibility to the life preserver requirements of § 135.168(b)(1) without any degradation to safety. Therefore, under § 194.306(z), which addresses § 135.168, the FAA will introduce the provision only requiring the life preservers to be readily available instead of requiring them to be worn when the powered-lift is able to meet certain performance requirements. In order to use this provision under § 194.306(z)(1), the multi-engine powered-lift must be operated at a weight that will allow it to climb with the critical engine inoperative or when experiencing a critical change of thrust, of at least 50 feet a minute, at an altitude of 1,000 feet above the surface. The term ‘‘critical change of thrust’’ is a new term the FAA has introduced since the publication of the NPRM, and it can be used for those powered-lift that do not necessarily have a critical engine. A critical change of thrust means a failure that would most adversely affect the performance or handling qualities of an aircraft. This new term ensures powered-lift that do not have a critical engine but do experience an adverse effect on performance or handling qualities resulting from failures of the flight control or propulsive system, either singular or in combination, must meet the same performance requirements specified for aircraft that have a critical engine. Adding the term ‘‘critical change of thrust’’ ensures that those novel aircraft that may not have a critical engine will be required to demonstrate the same performance requirements as those stipulated for aircraft with a critical engine, thereby ensuring the same level of safety is maintained. The FAA took into consideration the ability of the powered-lift to remain at VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 least 1,000 feet above the surface after the critical engine becomes inoperative or the powered-lift experiences a critical change of thrust. This will ensure a powered-lift will have the ability to remain out of the water, providing ample time for each occupant to don their life preservers. For those poweredlift that do not have this performance capability, the occupants must wear life preservers during the flight. The FAA also took into consideration that some powered-lift would be operated at higher altitudes overwater similar to airplanes, rather than the lower altitudes at which helicopters normally operate, and the requirement for each occupant to wear a life preserver when over water is therefore unnecessary for some powered-lift. As a result of the foregoing, the FAA amends the proposed rule for multiengine powered-lift that are operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. For those powered-lift, life preservers are not required to be worn but must be readily available and easily accessible to each occupant. Proposed § 194.308(e) is adopted as amended, but due to renumbering, it is now § 194.306(z). Section 135.169 provides additional airworthiness requirements for large airplanes, as well as small airplanes with a passenger-seating configuration of 10 or more seats. These airplanes are held to a higher airworthiness safety standard either through aircraft certification basis or certain other regulatory standards or requirements. Section 135.169 also includes rules about the material used as a liner for cargo or baggage compartments. Section 135.169(a) applies to large airplanes and requires them to meet the additional airworthiness requirements of §§ 121.213 through 121.283, and 121.307. The FAA proposed 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 determines will provide an equivalent level of safety in accordance with § 21.17(b). Powered-lift will spend their cruise portion of flight similar to airplanes. When a poweredlift is configured with 10 or more passenger seats or is large, the persons riding on the powered-lift should be afforded the same level of safety afforded to passengers on an airplane. Section 135.169(b), which applies to operators of small airplanes that have a passenger seating configuration, excluding pilot seats, of 10 seats or PO 00000 Frm 00133 Fmt 4701 Sfmt 4700 92427 more, requires certain type certifications for such small aircraft. Since poweredlift are currently in development, the FAA has determined that § 135.169(b)(2) through (b)(7) should not be applicable to them. As discussed in the NPRM, the FAA has determined that § 135.169(b)(1) and (b)(8) should be applicable to powered-lift. Section 135.169(b)(1) requires that such airplanes be certificated in the transport category, while (b)(8) requires certification in the normal category as a multi-engine certification level 4 airplane, as defined in part 23. The FAA proposed in § 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). Section 194.307(w) will ensure that a small powered-lift utilized in part 135 operations and carrying more than 10 passengers will achieve a certification standard at least equivalent to the standard set forth in § 135.169(b)(8). The FAA notes that, although it proposed in the NPRM preamble to apply § 135.169(b)(1) to powered-lift, paragraph (b)(1) was inadvertently excluded from the proposed SFAR regulatory text at § 194.307(w). As a result, the FAA has added § 135.169(b)(1) to the SFAR at § 194.306(bb). Section 135.169(d) addresses cargo or baggage compartments of 200 cubic feet or greater volume in transport category airplanes by requiring more flameresistant materials. The intent of § 135.169(d) is to reduce the risk of fire burning through the compartment liner and becoming uncontained.407 Accordingly, the FAA proposed in § 194.307(x) that large powered-lift that have a cargo or baggage compartment of 200 cubic feet or greater will be required to meet the certification requirements of appendix F to part 25, part III or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b). The FAA received one comment on proposed § 194.307(v), (w), and (x) from an individual commenter. Specifically, the individual commenter sought guidance on the definitions of small and large poweredlift as used for this rule. The commenter mentions that part of the NPRM suggests that small powered-lift are those with 10 407 See Fire Protection Requirements for Cargo or Baggage Compartments, final rule, 54 FR 7384 (Feb. 17, 1989). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92428 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations or more passengers. The commenter notes that other parts of the NPRM suggest that a large powered-lift would be one capable of 10 or more passengers. The commenter requests that the FAA provide guidance as to the specific definitions of small and large poweredlift and as to whether the definition of passenger capacity and cargo compartment type from § 135.169 applies to powered-lift. Per § 1.1, passenger seating configuration does not define small or large aircraft. Instead, whether an aircraft is small or large is determined by weight alone. Specifically, the definition of large aircraft contained in § 1.1 is based upon maximum certificated takeoff weight, not on passenger seating configuration. As such, a large powered-lift may be configured with less than 10 passenger seats, while a small powered-lift may be configured with more than 10 passenger seats. The FAA evaluated the weight parameters for both transport category airplanes and transport category rotorcraft and determined that the weight limit for large aircraft (over 12,500 pounds, § 1.1) would be an appropriate weight at which to apply airplane transport category standards to powered-lift. Accordingly, small powered-lift would include powered-lift weighing 12,500 pounds or less. To determine whether a powered-lift qualifies as small or large, the FAA will use the existing § 1.1 weight criteria definitions and not the commenter’s suggested seat number because weight thresholds are already used in the regulations. The commenter also inquired if the current § 135.169 applies, specifically in the context of the aircraft’s number of passenger seats and cargo/baggage compartment size. As stated in the NPRM, § 194.306(aa) through (cc) will require certain § 135.169 subparagraphs to apply based on the powered-lift’s seating and cargo/ baggage compartment size. The additional § 135.169 airworthiness requirements would be required for powered-lift based on the same criteria specified for airplanes, large airplanes (as defined in § 1.1), or small airplanes with a passenger-seating configuration, excluding pilot seats, of 10 or more. Therefore, large powered-lift, or small powered-lift with a passenger-seating configuration, excluding pilot seats, of 10 or more, would have to comply with the additional airworthiness requirements in § 135.169. Moreover, large powered-lift that have a cargo or baggage compartment of 200 cubic feet or greater in volume would be VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 required to meet the certification requirements of appendix F to part 25, part III, or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b). In response to the comments received, the FAA did not make any changes to the proposed regulatory text. Therefore, the FAA adopts § 194.307(v), (w), and (x) as final, but as a result of renumbering they are now § 194.306(aa), (bb), and (cc). Section 135.170 lists the requirements for materials used in the compartment interiors of specific airplanes. Some powered-lift may be able to transition to a landing quickly; however, others may have descent, landing, and evacuation times similar to airplanes so to provide an equivalent of safety for passengers the FAA determined this rule should be applicable to large powered-lift. The FAA proposed in § 194.307(y) and (z) that large powered-lift must comply with the applicable paragraphs of § 135.170(b)(1) and (b)(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. The FAA asserted that the flame propagation requirements applicable to transport category airplanes should also be applicable to large powered-lift in order to ensure that persons or property carried on large powered-lift are afforded the same safety provided to persons or property carried in transport category airplanes. Accordingly, large powered-lift would be required to comply with the provisions of § 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). The FAA received no comments on proposed § 194.307(y), (z), and (aa), and therefore adopts § 194.307(y), (z), and (aa) as final, but as a result of renumbering they are now § 194.306(dd), (ee), and (ff). Section 135.173(a) requires aircraft, excluding helicopters operating under day VFR conditions, that have a passenger seating configuration, excluding any pilot seat, of 10 seats or more in passenger-carrying operations to be equipped with either approved thunderstorm detection equipment or PO 00000 Frm 00134 Fmt 4701 Sfmt 4700 approved airborne weather radar equipment. Section 135.173(b) is specific for helicopters and only requires this equipment under night VFR when current weather reports indicate that thunderstorms or other potentially hazardous weather conditions that can be detected with airborne thunderstorm detection equipment may reasonably be expected along the route to be flown. The FAA determined that the helicopter exception contained in this regulation should not apply to poweredlift because these new entrant aircraft are expected to operate similar to an airplane during the en route phases of flight. The FAA does not yet have enough information about the operations of powered-lift to state definitively whether such aircraft will have the agility and maneuverability of a helicopter during the cruise portion of flight. The FAA anticipates that powered-lift will likely require more time and space to recognize and successfully maneuver out of the dangers associated with hazardous thunderstorm activity. The FAA received one comment from EASA questioning the logic of requiring large eVTOL to have thunderstorm detection equipment. EASA pointed out that many powered-lift operations are expected to be quite local. EASA also raised the question of waivers for this requirement. This SFAR is not limited to only eVTOL by the FAA but applies to all powered-lift that may operate in the NAS, some of which will not be limited to local area flying. The use of airborne thunderstorm detection equipment or airborne weather radar contributes to greater safety in operations, even in local area flying areas, because it enables the pilot to detect and locate severe adverse weather areas early. The equipment also enables the pilot to avoid those thunderstorm areas and take other actions necessary for safety of the flight. Furthermore, the FAA has concluded that this equipment is an additional safety benefit for aircraft with 10 or more passenger seats. Throughout the FAA’s regulations, 10 or more passenger seats is a threshold at which many additional regulatory requirements are imposed in order to mitigate the risk of carrying the additional people. In response to the comments received, the FAA will not make any changes to the final rule, and powered-lift must adhere to the provisions provided in § 135.173(a) as written for all aircraft that have a passenger seating configuration, excluding any pilot seat, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations of 10 seats or more in passengercarrying operations. Section 135.178 details additional emergency equipment applicable to airplanes with a passenger seating configuration of more than 19 seats. This section was implemented largely due to several studies conducted by the Civil Aerospace Medical Institute (CAMI) on exit row configurations and equipment necessary for the most efficient emergency exit of the airplane in the case of emergency.408 The FAA anticipates that, due to advances in technology, powered-lift developed in the future could surpass the 19-passenger seating configuration threshold requirement in § 135.178. Those powered-lift should have the requisite procedures and equipment to evacuate passengers in the event of an emergency such as is currently required for airplanes. As such, in the NPRM, the FAA proposed in § 194.307(bb) to apply § 135.178 to powered-lift with a passenger seating configuration of 19 seats or more. The FAA received no comments on proposed § 194.307(bb); therefore, the FAA adopts § 194.307(bb) final, but as a result of renumbering it is now § 194.306(gg). Section 135.179 contains the conditions required to take off an aircraft with inoperable instruments or equipment, lists the MEL requirements, and enumerates which instruments and equipment may not be contained within the MEL. In 1991, the FAA published a final rule expanding the availability of a MEL to any civil aircraft that can be operated under part 135, including single-engine aircraft. The notice of proposed rulemaking 409 that is directly related to the 1991 final rule states that the MEL provisions would apply to ‘‘aircraft’’ and that ‘‘[t]he FAA also proposes to amend the language of §§ 135.179 and 125.201 to make them essentially the same as § 121.628.’’ 410 The FAA notes that the mention of airplane in § 135.179(b)(1) 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 revealed 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 proposed to make a technical amendment to 408 See Improved Access to Type III Exits, 57 FR 19220 at 19245 (May 4, 1992). 409 Minimum Equipment List Requirements, 54 FR 3320 (Jan. 23, 1989). 410 Minimum Equipment List Requirements, 56 FR 12311 (Mar. 22, 1991). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 § 135.179(b)(1) to reflect that intent by replacing the word airplane with aircraft. The FAA received no comments on the proposed amendment to § 135.179(b)(1). Therefore, the FAA adopts the amendment to § 135.179(b)(1) as final. 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 transponder signals from nearby aircraft to alert pilots to the danger of mid-air collisions. The FAA anticipates that certain powered-lift will have the same relative speed, size, and passengercarrying capacity as the airplanes that must be equipped with TCAS under § 135.180. Additionally, the FAA anticipates that some powered-lift will have the ability to operate in the same airspace as other larger, highperformance aircraft, including airplanes operating under part 121. To afford the same level of safety through the mitigation of potential mid-air collisions and their devastating effects on persons and property onboard or in the same airspace as powered-lift, the FAA proposed in § 194.307(cc) this section apply to powered-lift that have a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats. Powered-lift that are required to have TCAS will also be required to have the content specified in § 135.180(b) in the powered-lift’s AFM. This will ensure that the persons operating a powered-lift will have access to the appropriate procedures for the use of the TCAS equipment, proper flightcrew action with respect to the TCAS equipment, and an outline of all the input sources that must be operating for proper TCAS operation. The FAA received one comment on proposed § 194.307(cc) from ALPA. ALPA recommended all powered-lift (regardless of seating capacity) should be equipped with a Terrain Awareness and Warning System (TAWS) or a Helicopter Terrain Awareness and Warning System (HTAWS) as applicable, and an Aircraft Collision Avoidance System (ACAS), as well as CVR and FDR. They asserted that these sources of information aid in the avoidance of Controlled Flight into Terrain (CFIT) and Mid-Air Collisions (MAC), and they all directly enhance flight safety. ALPA recommended that, when a TCAS system is required for traditional airplanes or helicopter operations, under the SFAR it should also be required for powered-lift PO 00000 Frm 00135 Fmt 4701 Sfmt 4700 92429 regardless of seat capacity, to ensure the highest level of safety in this new and novel aircraft type and operations. The FAA agrees with ALPA that a TCAS provides valuable collision avoidance information to flightcrew during flight. However, the FAA disagrees that all powered-lift, regardless of the passenger seat configuration, should be required to install a TCAS. When the FAA promulgated the TCAS final rule of 1989, the categories of commercial aircraft for which TCAS I or II will be required were based on the provisions of Pub. L 100–223 and on the relative speed of the aircraft, the size of the aircraft, and the number of passengers per aircraft who would benefit from TCAS installation. The FAA anticipates some powered-lift will have the same relative speed, size, and passengercarrying capacity as the airplanes required to be equipped with TCAS. As such, those powered-lift of similar size will be required to equip their aircraft with TCAS. The FAA believes the criteria established for TCAS installations in aircraft with 10 to 30 passenger seats is still valid today. Aircraft below the 10passenger seat threshold are smaller and therefore don’t have the same need for TCAS. Additionally, the FAA believes the associated costs for requiring a higher standard than what is currently in place for other aircraft will place this new emerging industry at an unfair disadvantage. The SFAR enables the FAA to collect data to inform the FAA on future rulemaking for powered-lift operations, and once powered-lift operations become more commonplace and the FAA has a better understanding of the operational complexities for these aircraft, the FAA could consider making a future adjustment to the TCAS requirements. However, at this time, the FAA will require TCAS be installed on powered-lift that have a passenger seat configuration of 10 or more passenger seats. In response to the ALPA comment, the FAA did not make any changes to the proposed regulatory text. Therefore, the FAA adopts § 194.307(cc) as final, but as a result of renumbering it is now § 194.306(hh). Section 135.181 details performance requirements for all aircraft operated over-the-top 411 or in IFR conditions. The FAA proposed in § 194.308(f) to apply § 135.181(b) to all powered-lift. A powered-lift that is able to meet the performance requirements of § 135.181(b) would provide the same 411 Over-the-top means above the layer of clouds or other obscuring phenomena forming the ceiling. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92430 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations level of safety established for helicopters. This exception would provide the same economic relief to powered-lift operators as that experienced by helicopter operators. In the NPRM the FAA did not propose any changes relating to § 135.181(a)(2) because this paragraph applies to all multi-engine aircraft. The FAA received two comments on proposed § 194.308(f), one from GAMA and one from Joby. GAMA recommended that the FAA apply the rotorcraft or helicopter rules in § 135.181 to powered-lift. GAMA agrees with the FAA that it was appropriate to allow powered-lift to use the performance requirements of § 135.181(b) when conducting offshore passenger-carrying operations. The FAA received a comment from Joby not directly specifying § 135.181 but relating to § 135.183(c), which is a performance requirement for a multiengine aircraft to maintain a certain altitude above the surface when a critical engine is inoperative. Joby’s comment regarding § 135.183 advocated that the FAA use another term to capture aircraft that do not have a ‘‘critical engine’’ but may have other powerplants that could experience a loss of thrust impacting the aircraft’s ability to stay aloft. As this comment raised the concern about powered-lift without a ‘‘critical engine,’’ the FAA is including Joby’s comment here. The term ‘‘critical change of thrust’’ will be added to the SFAR alongside the current term ‘‘critical engine’’ in order to ensure that the performance requirements currently stipulated in § 135.181(a)(2) and (b) will apply to those powered-lift that do not have a critical engine but can experience a critical change of thrust.412 Using the term ‘‘critical change of thrust’’ ensures that those novel aircraft that may not have a critical engine will be required to demonstrate the same performance requirements as those stipulated for aircraft with a critical engine, thereby ensuring the same level of safety is maintained. As a result, the FAA will add the term ‘‘critical change of thrust’’ with respect to powered-lift under § 135.181(a)(2) and (b). The FAA adopts § 194.306(ii), which addresses § 135.181(a)(2), as final. The FAA also adopts the proposed § 194.308(f) and the new verbiage of ‘‘critical change of thrust’’ as final. Due to renumbering, the proposed § 194.308(f) is being adopted as § 194.306(jj). 412 For a more detailed discussion on ‘‘critical change of thrust’’ see Section V.C.3 regarding § 135.168. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Section 135.183 provides the performance requirements for land aircraft to operate over water. Section 135.183(a) requires that any aircraft operate at an altitude that allows it to reach land in the event of an engine failure. Section 135.183(b) allows overwater operations strictly limited to only takeoff and landing operations. Section 135.183(c) requires a multiengine aircraft to be able to climb with its critical engine inoperative at least 50 feet a minute at 1000 feet above the surface. Section 135.183(d) allows helicopters the option of installing floats if they are unable to meet the requirements of paragraph (a) or (c). Section 135.183(a)–(c) are applicable to powered-lift because those paragraphs reference aircraft. The FAA anticipates that powered-lift may be utilized in the same fashion as helicopters carrying passengers over water. Some powered-lift may not be equipped with floats. Powered-lift that are equipped with a flotation device will provide the same level of safety that is currently extended to helicopters since that flotation device will have gone through the FAA certification process. The FAA expects that a powered-lift equipped with floats would land similarly to a float-equipped helicopter. Accordingly, the FAA proposed in § 194.308(g) to allow powered-lift to utilize the exception contained in paragraph (d) if the powered-lift is unable to meet the requirements of paragraphs (a) or (c). The FAA received four comments on proposed § 194.308(g), relating to § 135.183. In their comment, Joby agreed with the FAA’s proposal to include poweredlift with all references to helicopter floats. Joby stated that most electric powered-lift being developed now use distributed electric propulsion (DEP) systems that include multiple electric engines/electric power units (EPUs). They also mention that some of these designs may not have a single engine that could fail and be critical for performance or handling qualities. According to Joby, with some of these DEP propulsion designs there may be likely failures that don’t result in total loss of a single engine, result in partial loss of thrust on multiple engines, result in total loss of thrust on multiple engines/stations simultaneously, or other non-intuitive engine failure scenarios. For these reasons, airworthiness criteria and design standards have adopted the concept of ‘‘critical loss of thrust’’ for showing compliance for performance and handling qualities. Joby asserted the PO 00000 Frm 00136 Fmt 4701 Sfmt 4700 term ‘‘critical loss of thrust’’ is specific to the aircraft and the electric propulsion system designs being used. Therefore, Joby recommended revising § 135.183(c) to better accommodate multi-engine aircraft with distributed electric propulsion systems by adding ‘‘or critical loss of thrust for distributed electric propulsion systems.’’ Additionally, Joby stated, aircraft that can be shown to climb after a critical loss of thrust should be provided appropriate credit. In their comment, EASA inquired what the FAA expects the buoyancy and demonstrated sea states to be, since the FAA is offering the option to install floats for powered-lift unable to meet the requirements of § 135.183(a) or (c). AWPC stated that their aircraft, the AW609 a tiltrotor, is designed to operate like a pressurized turboprop airplane when in horizontal flight mode and has the equipment and related characteristics of a helicopter to conduct ditching procedures. This design approach, according to AWPC, addresses the concerns the FAA stated in the NPRM, such as buoyancy and the duration to remain afloat after ditching in water. The AW609 tiltrotor has design features such as a door above the waterline, wing fuel tanks, and a pressurized cabin with closeable outflow valves. It is also equipped with an overhead escape hatch and flotation system. Therefore, AWPC contended that the application of helicopter rules is inappropriate for the AW609 tiltrotor and requests the FAA apply a performance and equipage-based approach to applying regulations for overwater operations to the AW609 Tiltrotor. GAMA argued that certain poweredlift demonstrate the capability to glide in a manner similar to airplanes when carrying passengers over water. GAMA asserted that, in such cases, it is imperative that the FAA apply the relevant airplane version of the rule to ensure appropriate and effective oversight. By recognizing the glide capabilities of these powered-lift, GAMA argued that the FAA can optimize safety measures and streamline regulations accordingly. GAMA stated that it is crucial to take full advantage of the similarities to airplane operations in these specific scenarios to maintain an equivalent level of safety for passengers and facilitate smooth and efficient operations. The FAA agrees with Joby that another term to capture aircraft that does not have a ‘‘critical engine’’ but may have other powerplants that could experience a loss of thrust impacting the aircraft’s ability to stay aloft needs to be E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations addressed. The FAA did not include the term ‘‘distributed electric propulsion’’ as recommended by Joby because the FAA determined this change should apply to all future propulsion systems that could experience a critical change of thrust, and not just those that are electrically driven. Therefore, the FAA will add ‘‘or while experiencing a critical change of thrust’’ under § 194.306(kk)(1) in the final rule thereby ensuring the safety mitigations for land aircraft operated over water under § 135.183(c) will also apply to poweredlift that may not have a critical engine.413 This provision is adopted at § 194.306(kk). In response to GAMA’s comment, the FAA states the requirements found in § 135.183 provides risk mitigations for all land aircraft when operated over water. This rule as written would apply to powered-lift except for paragraph (d), which as written for helicopters. To operate a powered-lift over water carrying passengers under part 135, the powered-lift must be operated at an altitude that allows it to reach land in the case of an engine failure. All aircraft are allowed to operate over water when it is necessary for takeoff or landing. Any aircraft that is multiengine and has the performance capability to climb, with the critical engine inoperative, at least 50 feet a minute, at an altitude of 1,000 feet above the surface will also be allowed to operate over water. Per § 194.308(g), powered-lift that cannot climb, with the critical engine inoperative or experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface must equip their aircraft with flotation devices in order to operate over water. The FAA anticipates that most powered-lift will be multiengine and could have the performance capability to stay out of the water, but if they don’t and the powered-lift lacks that performance capability, the operator must install flotation devices or stay high enough to be able to either glide or autorotate to reach land in the case of engine failure. The FAA believes the requirements that are currently in § 135.183 for all aircraft are in line with the comments received from both GAMA and AWPC aimed at following the airplane requirements. The only difference is the flotation requirement the FAA will place on powered-lift should they not have the performance capability to stay out of the water. As addressed in the overwater requirements of §§ 135.168, 413 For a more detailed discussion on ‘‘critical change of thrust’’ see Section V.C.3 regarding § 135.168. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 136.9, and 136.11, the FAA does not know whether or not a powered-lift will take on water like a helicopter or float for a longer period of time like an airplane after ditching. AWPC requested the FAA apply a performance-based approach to applying overwater regulations. That performance-based approach is already found in § 194.306(kk), addressing § 135.183(c). In response to EASA’s request on the expected buoyancy and demonstrated sea states, the FAA notes that buoyancy and sea states are defined within aircraft certification (combination of regulation and guidance material) if a ditching approval is sought. If a powered-lift applicant requests this approval, then the FAA would apply the appropriate airworthiness criteria from the existing airworthiness standards to meet the equivalent level of safety as required under § 21.17(b). In response to the comments received, the FAA made one change to the regulatory text at § 194.306(kk) by using the term ‘‘or while experiencing a critical change of thrust.’’ The FAA is not making any changes regarding the provision to require powered-lift to be equipped with floats when unable to otherwise meet the requirements of § 135.183(a) and (c). The FAA is therefore adopting the proposed § 194.308(g), though due to renumbering, it is being adopted as § 194.306(ll). 4. Subpart D: VFR/IFR Operating Limitations and Weather Requirements Subpart D prescribes operating limitations for VFR/IFR flight operations and associated weather requirements for operations under part 135. Section 135.203 provides the VFR minimum altitude requirements for airplanes and helicopters. Different minimum altitudes for airplanes and helicopters exist because the special flight characteristics of a helicopter enable it to accomplish an emergency landing in a small space relative to an airplane. Additionally, the maneuverability of a helicopter permits it to make corrective actions in less distance than most airplanes. This enables a helicopter to be operated over congested areas at 300 feet above the surface without compromising the safety of persons or property on the surface. In the NPRM, the FAA proposed in § 194.307(dd) to apply the airplane minimum altitude requirements of § 135.203(a) to powered-lift. The FAA anticipates that many powered-lift operators will prefer to utilize lift provided by the wing for as long as practicable in order to gain efficiencies PO 00000 Frm 00137 Fmt 4701 Sfmt 4700 92431 in speed and range. The FAA expects that the transition from forward flight to vertical flight will require additional time, distance, and altitude for powered-lift. Although some poweredlift may be capable of performing an emergency autorotation into a more confined space, the FAA anticipates that additional altitude would increase the chances of a successful outcome without undue hazard to persons or property on the surface. The FAA received seven comments in response to the proposed § 194.307(dd). Several commenters disagreed with proposed § 194.307(dd) and recommended applying the helicopter requirements of § 135.203(b) instead. CAE and NBAA argued that the rationale provided by FAA for allowing powered-lift to use copter procedures should justify applying helicopter MSA requirements to powered-lift. CAE stated that powered-lift are capable of vertical takeoff and landing in small spaces and have helicopter-like maneuverability. Furthermore, CAE noted that the FAA is allowing powered-lift to use part 97 copter instrument procedures, recognizing the vertical capabilities of these aircraft, but then does not apply the same premise to minimum safe altitudes. Lilium said that, although autorotation is a key feature for helicopters, it should not be the primary factor that allows powered-lift to operate using helicopter minimums. Lilium suggested determining on a caseby-case basis whether a powered-lift should be allowed to use the helicopter requirements of § 135.203(b), taking into consideration the aircraft’s redundant propulsion systems, equipment, operational environment, and design. Archer recommended replacing category-based operational rules regarding minimum safe altitude with type-specific rules informed by the type certification and FSB process, similar to that proposed in the NPRM for the airworthiness evaluation and eligibility for copter procedures. Archer believed using this method to establish the operational rules would allow the FAA to evaluate the operational capabilities of each powered-lift before deciding which operational rules are appropriate. Archer argued that such evaluations would achieve the goal of an equivalent level of safety through performancebased rulemaking. Archer further stated that powered-lift which share the key operating capabilities that enable helicopters to safely operate at lower altitudes and reduced weather minima should be subject to the same operating rules. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92432 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Eve asserted that the FAA has assigned powered-lift with the minimum safe altitude specified for airplanes based on two assumptions: that most powered-lift flights while in cruising phase are performed in wingborne flight mode, and that, even if considering the possibility of transitioning from wing-borne to vertical flight mode in case of an emergency, that requires a safe landing in some place in the city, which would result in a loss of altitude. Even though the first assumption is valid for most powered-lift, Eve alleged that the second assumption deserves further consideration. Eve argued that the time, distance, and speed necessary to transition from wing-borne flight mode to vertical-lift flight mode should be considered when applicable to powered-lift operating in an urban environment. Without knowing those parameters, Eve argued that it is not reasonable to assume that powered-lift will perform as an airplane and not as a helicopter when time, speed, and speed necessary to transition are taken into consideration. Eve stated that, for most powered-lift, those time, distance, and speed responses will have a suitable certified performance because of the use of MEPS (Multi-Electric Propulsion System), which Eve alleged will provide increased thrust, efficiency, and redundancy to minimize any possible loss of altitude. Therefore, Eve recommended that the FAA apply the helicopter provisions of § 91.119(b)(1) and § 135.203(b) to powered-lift. AWPC stated that the FAA’s proposal to limit powered-lift to airplane MSAs will inhibit their AW609 Tiltrotor powered-lift from conducting lowaltitude missions such as Search and Rescue (SAR) and Air Ambulance. AWPC stated that, while operating in horizontal flight mode, the AW609 crews can reach the distressed person or patient faster than helicopters. However, AWPC argued that, without the ability to operate at helicopter MSAs, even in vertical flight mode, the AW609 Tiltrotor would not be authorized to operate on the helicopter routes or even land at a hospital helipad. AWPC asserted that the minimum altitudes for powered-lift should be based on aircraft performance and capabilities. AWPC agreed that powered-lift operating in horizontal flight mode should operate in accordance with airplane MSA. However, AWPC argued that poweredlift capable of demonstrating category A performance or an ability to autorotate comparable to helicopters, such as the AW609 Tiltrotor, should be allowed to VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 operate at helicopter MSA when in vertical flight mode. GAMA stated that powered-lift possess helicopter-like maneuverability, safe operation at low airspeeds and altitudes, and the capability of vertical takeoff and landing. Given these characteristics, GAMA felt that the helicopter provisions of this rule should apply. Joby argued that, depending on the powered-lift’s characteristics, the MSA rules for helicopters should be applied. Joby pointed to the ability of poweredlift to take off and land vertically in relatively small spaces, similar to a helicopter. Joby also states that many electric powered-lift currently in development have distributed electric propulsion systems, which Joby alleged provide a high level of redundancy in producing thrust and lift. Joby argued that requiring a higher minimum safe altitude for these powered-lift flight operations is not necessary to maintain an equivalent level of safety. For those aircraft which incorporate multiple electric engines or electric propulsion units, Joby alleged that the loss of a single electric engine/electric propulsion unit (EPU) or even a critical loss of thrust would not directly endanger the crew or passengers or create an undue hazard to persons or property on the ground. According to Joby, following an engine failure, these aircraft will be able to continue safe flight. Joby suggested powered-lift provide a higher level of safety than single engine airplanes or helicopters. Joby specifically pointed to poweredlift flying air tour and air taxi operations, arguing that the ability to fly at lower minimum safe altitudes increases their ability to navigate under and around congested airspace, deconflict with other aircraft, fly missions more efficiently, and better meet market and community objectives in a manner consistent with safety. Joby believed that establishing higher minimum safe altitudes will inadvertently reduce safety while also negatively affecting marketability and community service. Joby also believed that, by allowing flight below airspace shelves or below approach paths, which is common for helicopters, operational safety will be improved while allowing for more inherent traffic deconfliction. Joby argued that this is especially important for electric powered-lift that have relatively shorter range and endurance capabilities than traditional aircraft. In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS argued that, considering the FAA is allowing powered-lift to use part 97 copter PO 00000 Frm 00138 Fmt 4701 Sfmt 4700 instrument procedures, thereby recognizing the vertical capabilities of these aircraft, the FAA should apply the same premise to minimum safe altitudes. The FAA evaluated the information from the commenters and therefore will create a performance-based rule allowing powered-lift to use an altitude lower than specified for airplanes. The FAA considered the special flight characteristics of a helicopter, which can accomplish an emergency landing within a relatively small space as noted in the Part 60—Air Traffic Rules final rule.414 The FAA has concluded that powered-lift that are able to autorotate or conduct an approved equivalent maneuver should be allowed to use the same VFR minimum altitudes as provided to helicopters. This provision is adopted at § 194.306(mm) and (nn). To use this provision, the powered-lift will have to be operating either in the vertical-lift flight mode or when operating in the wing-borne flight mode be able to transition from wing-borne flight to the vertical-lift mode and then conduct a safe autorotation or approved equivalent maneuver that permits a controlled descent to a landing. When operating in the vertical-lift flight mode, the powered-lift must be certificated and be able to conduct an autorotation or an approved equivalent maneuver to a landing. Then the provisions of § 135.203(b) will apply. If a powered-lift is not certificated or able to conduct an autorotation or an approved equivalent maneuver to a landing, then the minimums specified in § 135.203(a) would apply. In order to utilize a lower VFR minimum altitude in the wing-borne flight mode, an operator must be authorized by Operations Specifications. The Operations Specification will specify the VFR minimum altitude for each type of powered-lift. To receive this authorization, the powered-lift’s AFM must have a minimum altitude specified that enables a transition from wingborne flight to the vertical-lift mode and then conduct a safe autorotation or approved equivalent maneuver that permits a controlled descent to a landing. This authorization will be granted to each specific type of powered-lift since each type could have a different minimum altitude specified in the respective AFM. When operating in the wing-borne flight mode a powered-lift in no case will be allowed to go below 300 feet above the surface. If the powered-lift does not have this 414 Part 60—Air Traffic Rules, final rule, 20 FR 6694, 6695 (Sept. 13, 1955). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations limitation established in their flight manual, then when operating in the wing-borne flight mode, they will be limited to the airplane criteria found in § 135.203(a) for day and night operations. This is reflected in the amended § 194.307(dd), which is renumbered as § 194.306(mm). Section 135.205 provides the visibility requirements for an airplane or helicopter operating under VFR in uncontrolled airspace. The FAA proposed in § 194.307(ee) that poweredlift operating under VFR in uncontrolled airspace would be required to maintain the ceiling and visibility requirements detailed for airplanes under § 135.205(a). The FAA based this proposal on the conclusion that powered-lift will have the potential to fly at airspeeds higher than rotorcraft and may need additional visibility to safely identify other aircraft and obstacles and to make appropriate corrective actions. The FAA received nine comments on proposed § 194.307(ee). The FAA received one comment that agreed with the FAA proposal, seven comments that disagreed and wanted the FAA to apply requirements other than those specified for airplanes, and one comment relating to air ambulance operations. Electra.aero supported the FAA’s rationale and decision to apply airplane VFR/IFR weather minima to electric powered-lift. Electra.aero noted that powered-lift will have increased maneuverability and the ability to hover or loiter at lower speeds, similar to helicopters. However, according to Electra.aero, many electric powered-lift will be limited by the battery thermal capability and will only have the ability to hover for a few minutes. Archer recommended replacing category-based operational rules regarding visibility minimums in favor of type specific rules informed by the type certification and FSB process. Archer argued that this method to establish the operations rules would allow the FAA to evaluate the operational capabilities of each powered-lift before deciding which operational rules are appropriate. Archer further asserted that powered-lift which share the key operating capabilities that enable helicopters to safely operate in reduced weather minima should be subject to the same operating rules. CAE stated that many powered-lift will cruise at speeds lower than a fast helicopter but points out that the weather minimums for those helicopters have not been increased to mirror the airplane minimums. CAE also mentioned that, currently, weather VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 minimums are not based only on speed but also on maneuverability. Considering the ability of helicopters to operate at lower speeds and with increased maneuverability while maintaining safety under less restrictive minima, CAE suggested that same criteria should be considered for powered-lift. AWPC contended that the blanket application of airplane VFR minimums for all powered-lift is prohibitive. AWPC asserted that their AW609 Tiltrotor can operate in vertical flight mode with maneuverability characteristics consistent with helicopters. AWPC argued that basic VFR and special VFR operations should be based on mode of flight. Lilium urged the FAA to adopt a similar comprehensive and risk-based approach as Lilium suggested for altitude requirements. Lilium also suggested that the FAA evaluate the capabilities and performance of individual powered-lift for operating under the helicopter VFR weather requirements. Lilium argued that powered-lift are designed to operate in low-altitude environments (below 10,000 mean sea level (MSL) for short routes. Lilium asserted that utilizing helicopter VFR minimum weather requirements may improve airspace congestion and energy efficiencies with the ability to operate at lower in-route altitudes. Lilium noted that ICAO Document 10103 provides guidance for the application of the appropriate operating rules based on the aircraft’s performance characteristics demonstrated during type certification, effectively allowing powered-lift to utilize helicopter requirements if they are determined to be capable of safely operating under such conditions. Lilium suggested that the FAA consider adopting a similar performance-based approach, aligning with international standards and enabling U.S. operators to be competitive on a global scale. Lilium concluded by stating this approach will ensure each aircraft’s safety capabilities are considered when determining appropriate visibility requirements. GAMA stated the proposal to use the operational rules for airplanes limits the acceptability of rotorcraft rules and does not establish a pathway for the development and application of performance-based rules. GAMA mentioned that the application of prescriptive operating rules without consideration for the aircraft’s performance reduces the usefulness of powered-lift. They strongly recommended the FAA to consider the diverse capabilities of powered-lift and PO 00000 Frm 00139 Fmt 4701 Sfmt 4700 92433 propose applying appropriate operating rules based on the performance characteristics of each powered-lift. Similar to Lilium, GAMA advocated for the FAA to adopt the approach laid out in ICAO Document 10103. GAMA stated that their members understand ICAO Document 10103 as an example of a performance-based approach that was developed for a large turbine-powered configuration. While the document primarily focuses on large turbinepowered tilt-rotors, GAMA argued that the document explicitly acknowledges that tilt-rotors are part of the poweredlift category. GAMA noted that, while the manual doesn’t specifically address all types of powered-lift, it foresees its use as a basis for other civil poweredlift as they mature in design. GAMA argued that the FAA should recognize and allow operations based on the full capabilities of powered-lift to allow application of rotorcraft rules when appropriate, based on aircraft performance to ensure safety and operational effectiveness. GAMA firmly believed that regulations should encompass the entire spectrum of powered-lift. GAMA suggested that the FSB report, type certificate data sheet, AFM, and other documents provide methods to establish appropriate operating rules. GAMA argued that an operator’s Safety Management System (SMS), operational control policies, training requirements, and other factors demonstrate their capabilities. To achieve this, GAMA suggested the FAA can add ‘‘unless as otherwise specified,’’ ‘‘unless otherwise authorized by the Administrator,’’ or ‘‘as specified per Flight Standardization Board report’’ to §§ 194.302, 194.303, 194.307, and 194.308. GAMA concluded by saying that powered-lift possess helicopter-like maneuverability, safe operation at low airspeeds and altitudes, and the capability of vertical takeoff and landing. Given these characteristics, GAMA asserted that the helicopter provisions for visibility minimums should apply to powered-lift. Joby argued that powered-lift currently in development are mostly like helicopters in terms of performance and maneuverability capabilities. Joby stated that most electric powered-lift will cruise at speeds less than the fastest helicopters. Joby stated that powered-lift are able to abort continued flight and can land immediately if conditions deteriorate quickly. Joby argued that these qualities should allow electric powered-lift to operate at lower visibility and cloud clearance distances while maintaining the same degree of safety as fixed-wing aircraft flying under E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92434 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations more restrictive minima per the FAA’s own rationale and previous policy established for helicopters. According to Joby, VFR visibility and cloud separation requirements also provide a safety margin from unintentional flight into Instrument Meteorological Conditions. Joby suggested that powered-lift can be operated with reduced visibility and cloud separation minima, while still maintaining the same degree of safety as fixed-wing aircraft flying under more restrictive minimums. Joby recommended that the FAA establish special allowances for VFR weather minima as a function of the type of operation being conducted, such as urban air taxi service, air ambulance, air tours, or regional travel. Joby argued that the FAA should consider the benefits of enhanced vision systems to support operations in basic VFR minimums. In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS asserted that many powered-lift will cruise at speeds lower than fast helicopters, such as the Bell 429, Eurocopter AS365, and many other helicopter types, yet the weather minimums for those helicopters are not increased to the airplane minimums. Therefore, they contended that weather minimums are not based only on speed but also on maneuverability. Airbus Helicopters asserted that some powered-lift designs may have performance characteristics comparable to helicopters and are expected to perform emergency medical services. They provided that the FAA’s proposed approach is restrictive and could prevent the development of medical services with powered-lift. They recommended the FAA reconsider the application of these for powered-lift performing air ambulance operations. In response to Airbus Helicopters comment, the FAA refers Airbus Helicopters to the visibility requirements specified for air ambulance operations as provided in § 194.306(qqq), pertaining to § 135.609. In the final rule the FAA made provisions for powered-lift conducting air ambulance operations to use visibility requirements based upon the mode of flight. In reconsidering the proposal requiring powered-lift to comply only with airplane visibility minimums, the FAA has carefully re-evaluated the purpose of the visibility regulations established for helicopters to help determine if the justification used for helicopters could be applied to powered-lift today. The FAA considered the commenters’ assertions that weather minimums are not only based on speed VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 but also on the maneuverability of an aircraft. The FAA agrees with the commenters that helicopters, which operate at lower speeds, benefit from the increased maneuverability while maintaining safety under a less restrictive visibility minima. The FAA believes powered-lift operating in the vertical-lift flight mode will benefit from increased maneuverability. The FAA has concluded that, when a powered-lift is operating in the vertical-lift flight mode at a speed that allows the pilot to see and avoid any other air traffic or any obstructions in time to avoid a collision, a lower visibility minimum can be used without any degradation of safety. Therefore, the FAA will incorporate a change from the visibility minimums proposed in § 194.307(ee) of the NPRM by allowing powered-lift operating in the vertical-lift flight mode to comply with the helicopter visibility minimums of 1⁄2 mile during the day and 1 mile at night. This provision is adopted at § 194.306(pp). This lower visibility minimum will be limited to VFR at an altitude of 1,200 feet or less above the surface or within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport. Powered-lift seeking to use the helicopter visibility minimums must be operated at a speed that allows the pilot enough time to see and avoid any other air traffic, or any obstructions in time to avoid a collision. All powered-lift operating in the wingborne flight mode, and those operating in the vertical-lift flight mode which cannot be operated at a speed that allows the pilot enough time to see and avoid any other air traffic or any obstructions to avoid a collision, must comply with the airplane visibility minimums prescribed in § 135.205(a). The FAA will adopt the proposed § 194.307(ee) as amended, though due to renumbering, it is being adopted as § 194.306(oo). Section 135.207 outlines helicopter surface reference requirements under VFR. The FAA anticipates that powered-lift will be equipped with advanced technologies and flight instrumentation that will provide adequate situational awareness as well as an ability to maintain positive control of an aircraft in lower light and visibility situations. The FAA proposed in § 194.308(h) that § 135.207 will only apply to powered-lift that do not have the flight instrumentation listed in § 135.159 installed and operable. This will ensure that the pilot can safely control a powered-lift that is manufactured without flight instruments required by § 135.159. PO 00000 Frm 00140 Fmt 4701 Sfmt 4700 The FAA received two comments on proposed § 194.308(h), one from AWPC and one from GAMA. AWPC suggested that the title of § 135.207 should be amended to ‘‘Helicopters and poweredlift surface reference requirements.’’ For the text of § 135.207, AWPC suggested that the phrase ‘‘or powered-lift’’ be added after ‘‘no person may operate a helicopter.’’ GAMA recommended that the FAA should use the ICAO guidance provided for helicopters most of the time. Similar to AWPC, GAMA placed the term powered-lift alongside helicopter for § 135.207 in their recommendation for the FAA to follow ICAO. The change suggested by AWPC and GAMA for § 135.207 is too restrictive and would prohibit powered-lift from flying VFR over the top, or at night without visual surface references, even when a powered-lift has the instruments specified in § 135.159 to conduct the operation safely. As stated in the NPRM, the FAA anticipates that powered-lift that are equipped with advanced technologies and flight instrumentation will provide adequate situational awareness as well as an ability to maintain positive control of an aircraft in lower light and visibility situations. The FAA will adopt the proposed rule as final, though due to renumbering, it is being adopted as § 194.306(qq). Section 135.209(a) requires airplanes to have enough fuel supply under VFR, considering wind and forecast weather conditions, to reach the first point of intended landing at normal cruise fuel consumption and then fly after that point for 30 minutes. At night, this requirement increases to 45 minutes past the first point of intended landing. Section 135.209(b) states that helicopters must have enough fuel to fly to the first point of intended landing, considering wind and forecast weather conditions, and enough fuel to fly after that for at least 20 minutes regardless of day or nighttime. In the NPRM, the FAA proposed in § 194.307(ff) to require powered-lift to adhere to the fuel reserves set forth in § 135.209(a). This is because poweredlift will likely conduct cruise operations in configurations similar to airplanes, while they will conduct takeoff and landing operations in a manner similar to helicopters. Because powered-lift will predominately use wing-borne flight during cruise, similar to airplanes, the FAA anticipates that some powered-lift would have the potential to fly at higher altitudes and speeds. Additionally, some powered-lift may require more surface area to conduct a landing than a helicopter, thereby reducing the number of available unplanned landing E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations sites, and would benefit from the additional fuel reserves required for airplanes. There were 15 comments received for § 194.307(ff). The FAA received comments from two commenters that agreed with the FAA proposal and thirteen commenters that disagreed and wanted the FAA to apply requirements other than those specified for airplanes. An anonymous commenter agreed with the FAA’s proposal, noting that battery-powered aircraft should have the same energy ‘‘fuel’’ reserves as other propeller or jet aircraft, 30 minutes during the day and 45 minutes at night. The commenter pointed out that weather can be unpredictable. This commenter provided an anecdote from their own experience when flying on the Bay area side of the Pacific Coast mountains. During a flight, by the time the commenter saw the fingers of fog coming through the mountain passes from the Pacific Coast they barely had enough time to get back to Palo Alto airport, fly a landing pattern, and still land in VFR. Additionally, the commenter pointed out that un-forecast winds could exceed the capability of the powered-lift to land at a vertiport located on top of a building, thus requiring a diversion to another location, meriting extra reserves. The Advanced Air Mobility Institute suggested the FAA consult with the Department of Defense to determine powered-lift fuel requirements. Electra.aero supported the FAA’s rationale and decision to apply airplane fuel reserve requirements to eVTOL aircraft. Electra.aero pointed out that operations in the National Airspace System (NAS) require margin, which can only come from appropriate reserves to allow for unexpected circumstances. Electra.aero also noted that electric energy storage technologies still have significant uncertainties which warrant this more conservative approach until sufficient operational experience is achieved. Archer believed that the application of airplane fuel reserves to the poweredlift category is inappropriate and argues that the FAA is failing to consider the unique operational capabilities of powered-lift that are able to take off and land vertically. Archer pointed out that there is limited range and endurance inherent in battery electric propulsion. Archer urged the FAA to consider regulations that will enable approvals of performance-based fuel reserves tailored specifically for those eVTOL poweredlift seeking certification. Archer further argued that aircraft certification should inform the decision on fuel reserves rather than operational VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 data. For example, Archer noted that, while helicopters have multiple singlepoint-of-failure vulnerabilities, their own ‘‘Midnight’’ aircraft has no singlepoint-of-failure vulnerabilities, a reliability Archer feels should also be recognized in the determination of reserve fuel. Archer pointed out that existing airplane fuel reserve regulations in part 91 and 135 would permit, as an example, an aircraft operating a 3,000 nm, 5-hour flight, with a requirement to land on runways in excess of 5,000′ in length, to carry just 30 minutes of reserve fuel. Archer said this should not be the standard applied to an aircraft anticipated to typically operate less than 50 nm, 20-minute flights. In order to recognize the unique, short-range operating environment anticipated by powered-lift eVTOLs, Archer recommended a regulation that can follow long-standing precedent of the fuel reserve OpSpecs that are utilized by many part 121 air carriers. Archer argued that this data-driven fuel planning would recognize that eVTOLs operating on very short stage lengths are likely to be able to demonstrate, with data, consistency in operations that enable lower fuel reserves with equivalent levels of safety. Archer recommended that the FAA adopt language in part 194 that will allow for Performance Based Contingency Fuel (PBCF) approvals for part 135 based on operational data. CAE asserted that the FAA has failed to consider powered-lift characteristics and their operating environment. CAE noted that airplanes require longer fuel reserves because they might have to fly a farther distance to reach a suitable landing site, while helicopters are afforded the advantage of shorter fuel reserves because they are capable of landing in smaller locations. According to CAE, the same is true for poweredlift, which can land in a vertical mode at the same types of locations as helicopters. Additionally, CAE argued that the proposed SFAR prescriptive time-based requirements do not consider each individual aircraft’s performance-based capabilities when determining fuel reserves. CAE then suggested that the FAA should apply ICAO Document 10103 when assessing operational rules, as an application of the ICAO guidance would result in helicopter fuel reserve regulations being applied to poweredlift. Additionally, CAE proffered that the FAA should allow operators and manufacturers to seek waivers or exemptions based on the performance of their powered-lift. PO 00000 Frm 00141 Fmt 4701 Sfmt 4700 92435 AWPC argued that powered-lift capable of VTOL should be allowed to use helicopter VFR fuel reserves and that powered-lift authorized to utilize copter procedures should be allowed to use helicopter IFR fuel reserves. AWPC stated that this recommendation aligns with ICAO Document 10103, which they argue supports applying helicopter fuel reserves to powered-lift such as the AW609 Tiltrotor. AWPC argued that a performance-based approach to the fuel reserve requirements for their own AW609 Tiltrotor is appropriate based on its capabilities consistent with helicopters and confirmed by the empirical data from the V–22 operations. AWPC believed that applying the helicopter fuel reserves to their powered-lift likely would exceed the level of safety of existing helicopters and airplanes. Eve stated that, while the FAA acknowledges that powered-lift operations seem to be more aligned with the type of missions helicopters operate, the FAA still disregards the rotorcraft fuel reserve requirements of 20-minute regardless of whether the operation occurs during the day or night. Eve argued that the FAA has opted for a much more conservative approach without considering the performancebased capabilities of powered-lift to be operated in urban environment. Eve recommended considering appropriate operational requirements applied for energy reserve based on the design and performance capabilities of each individual certified powered-lift. Eve further recommended that the FAA consider alignment with ICAO Document 10103 guidance to meet the existing operational safety level applied for helicopters and airplanes. Eve recommended for the SFAR that the FAA introduce more practical, performance-based energy reserve requirements applied for planned routes and consider the type of energy used by the powered-lift relating to the operation applied for each type of aircraft (shorter range, alternate landing sites, energy capacity, performance capabilities). Eve provided an example of their concept for ‘‘Alternative Energy Reserve Requirement,’’ which includes a specific risk mitigation assessment. Eve’s proposed specific risk mitigation assessment would include at a minimum, certified energy consumption data provided by the manufacturer, energy planning and in-flight replanning, the selection of alternate landing sites, and in-flight energy management.’’ Lilium stated that the FAA’s proposed requirement will create obstacles to market success for eVTOL powered-lift E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92436 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations operators. Lilium recommended a more flexible approach that allows poweredlift and part 135 commercial operators meeting specific performance requirements to utilize performancebased and/or helicopter reserve requirements. Lilium believed that the necessary aircraft performance criteria could be determined during aircraft certification and type rating evaluation processes. Lilium also believed the performance-based requirements combined with the appropriate operator requirements and evaluations can provide a safer and more appropriate reserve solution for certain powered-lift. Lilium suggested taking cues from EASA, which is adopting a performance-based approach. Lilium suggested similarly embracing modern and sophisticated energy planning standards that surpass the FAA’s adoption of airplane standards rooted in 1950–70s technology. Lilium proposed allowing operators who comply with EASA’s proposed performance standards to adopt those standards for U.S. operations, thus enabling the use of EASA-approved performance-based reserve requirements. Lilium supported the system framework and concepts outlined in an upcoming GAMA white paper 415 and asserts it should be adopted by the FAA as an alternative to what Lilium sees as overly strict airplane fuel reserve requirements. Alternatively, Lilium suggested that the FAA consider applying the 20-minute VFR fuel reserve requirements for helicopters to powered-lift or have available a performance-based fuel reserve requirement that would be approved by the FAA, in lieu of airplane requirements. Lilium believed such an approach, combined with the appropriate aircraft equipment and operator capabilities, would better serve the unique operational needs of powered-lift. BETA asserted the FAA’s proposal of the existing airplane VFR and IFR reserve requirements is overly burdensome for powered-lift that may only be capable of short duration flights and does not consider the variability in required energy reserves for electric propulsion powered-lift based on the planned flight profile and landing type. BETA recommended the FAA add an option for a performance-based fuel reserve that can be determined based on the capability of the aircraft and the intended flight plan because they 415 General Aviation Manufacturers Association, Managing Range and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-content/uploads/ Managing-Range-and-Endurance-of-BatteryElectric-Aircraft_v1–1.pdf. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 asserted the safety intent of the fuel reserve requirement can be met by using those parameters. BETA argued that the initial certified electric propulsion powered-lift will likely have range capability below traditionally fueled aircraft of the same size and capability due to current technology limitations in energy storage. BETA also believed for short duration flights the existing airplane reserve requirements may represent carrying more than double the required energy for a VFR mission and triple the energy required for an IFR mission. BETA argued that this is a disproportionately heavy burden when compared to the performance impact of the same reserve on traditional aircraft using standard aviation fuels. BETA further stated that the FAA’s proposed fuel reserve does not provide a commensurate increase in safety that balances the reduction in usefulness of the aircraft. According to BETA, for electric propulsion aircraft, the rate of energy consumption is significantly higher during vertical flight operations like takeoff and landing and is not generally proportional to duration of flight or distance flown. BETA also mentioned that electric propulsion powered-lift will have variable energy reserve needs based on the planned flight profile. The Vertical Aerospace Group stated the 30-minute energy reserve requirement for day VFR operation is overly conservative and fails to consider the unique operating characteristics of powered-lift, which are capable of vertical landings and performing approach and go-around maneuvers in low-speed thrust-borne mode, allowing more flexibility in emergency conditions. The Vertical Aerospace Group argued that the proposed reserve requirement will hinder the development of the powered-lift industry in the United States. According to the Vertical Aerospace Group, eVTOLs are primarily designed for short distances, such as urban air mobility operations, and applying fuel reserve requirements for airplanes, which often undertake longer cross-country flights, is not aligned with the typical mission profiles of poweredlift eVTOLs and could hinder growth of this emerging sector. Given the variation of aircraft designs within the powered-lift category, the Vertical Aerospace Group encouraged the FAA to take a performance-based approach, setting fuel requirements based on the performance and the type of operation of the specific aircraft, allowing for a more tailored approach in which the overall design, operational profile, and safety requirements of the PO 00000 Frm 00142 Fmt 4701 Sfmt 4700 aircraft are considered. In addition, the Vertical Aerospace Group stated that such an approach would be in line with other regulators such as EASA supporting greater regulatory harmonization. GAMA argued the approach to use airplane requirements for many of the operational rules does not consider that many powered-lift have performance capabilities similar to rotorcraft. GAMA further stated that the application of prescriptive operating rules without consideration for vehicle performance reduces the usefulness of powered-lift. GAMA strongly recommended the FAA consider the diverse capabilities of powered-lift and mentions that the broad diversity for the blanket application of airplane rules is not suitable for accommodating the unique design characteristics of these new aircraft. According to GAMA, the distinct performance capabilities of powered-lift significantly impact their flight operations, fuel consumption, and the ability to respond to varying weather conditions and other unexpected circumstances that would drive a reserve requirement. GAMA noted that the ability for powered-lift to engage in vertical takeoff and landing means powered-lift can avoid lengthy diversions often required of fixed-wing aircraft to find suitable runways in emergency or uncertain conditions, thus reducing the need for prolonged extra reserve fuel. GAMA further stated that the ability to hover, decelerate rapidly, and maneuver at low speeds allows both helicopters and powered-lift to safely operate in conditions of reduced visibility, further justifying a reduced fuel reserve requirement. GAMA believed a performance-based energy reserve concept has the same overarching objective as the prescriptive time-based reserve approach, which is to ensure a safe landing. According to GAMA, the FAA could assess the energy capabilities of each powered-lift in order to determine the performancebased energy reserve. Joby argued that the FAA should amend their part 194 requirements to specify fuel reserves for powered-lift to align with today’s requirements for helicopters. Joby stated that powered-lift share unique performance capabilities with helicopters, which differentiates them from traditional fixed-wing aircraft. Joby argued that these capabilities mean powered-lift can sidestep extensive detours to locate appropriate runways during emergencies or uncertain situations, thereby decreasing the necessity for extended reserve energy. According to E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Joby, the proficiency to hover and navigate at low velocities permits helicopters and powered-lift to function in reduced visibility scenarios. Considering these abilities, powered-lift are often able to land in environments where conventional aircraft would be compelled to divert, further endorsing the case for equivalency with respect to reserve energy. Joby noted that an electric poweredlift, when being dispatched, might be required to carry a more significant portion of its energy reserve under the proposed regulation compared to conventionally fueled aircraft and might be restricted from commencing flights merely because of disproportionate energy reserve mandates. AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single document submitted by NBAA. These organizations stated they believe the FAA failed to consider the characteristics powered-lift and their operating environment by unilaterally applying airplane fuel reserves to all powered-lift. They also stated that airplanes require longer fuel reserves because they might have to fly a farther distance to reach a suitable landing site, while helicopters are afforded the advantage of shorter fuel reserves because they are capable of landing in smaller locations. The same should hold true of powered-lift, which can land in a vertical mode at the same types of locations as helicopters. These commenters recommended the FAA consider the capabilities of powered-lift and apply ICAO Document 10103 to its assessment of operational rules. This will allow for international harmonization and for aircraft to best utilize each aircraft’s capabilities. The group also mentioned that if the FAA does not allow blanket permission for powered-lift to utilize helicopter operational rules while in vertical flight mode, the FAA should provide a pathway for an operator or manufacturer to seek approval or authorization to adopt the alternate rule. Like several other commenters, L3Harris stated that the FAA should utilize ICAO Document 10103. Specific to the fuel requirements, L3 Harris suggests the FAA add a specific section to the SFAR that specifies fuel reserve requirements for both VFR and IFR operations. An individual commenter asserted the FAA SFAR is far too conservative on operational guidance and that the FAA fails to understand the performance capability of powered-lift. The commenter indicated they have flown powered-lift for 11 years and indicated that having the flexibility to use VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 helicopter regulations and operating procedures has ensured their ability to safely complete the mission and care for the crew and passengers. The FAA has considered the many comments requesting the FAA to allow powered-lift to use the helicopter VFR fuel minimums. In response, the FAA has decided to provide some relief from the VFR fuel supply requirements the FAA originally proposed in the NPRM for powered-lift when the aircraft has the performance capability to always conduct a landing in the vertical-lift flight mode along the entire route of flight. The FAA has considered the hybrid nature of a powered-lift and its ability to operate similar to a helicopter or an airplane, depending on the mode of flight in which it is being operated. The FAA acknowledges that, when a powered-lift can conduct a landing in the vertical-lift flight mode, which enables it to land in areas similar to what a helicopter requires, there will be more landing sites available to the powered-lift as compared to airplanes. Therefore, the FAA will allow a powered-lift to use the VFR helicopter fuel minimums when they are able to conduct a landing in the vertical-lift flight mode. This provision would not prevent a powered-lift from operating in the wing-borne flight mode but will require the powered-lift to have the performance capability, as detailed in the AFM, to conduct a landing in the vertical-lift flight mode along the entire route of flight. This will provide powered-lift operational flexibility without a degradation of safety, as there is a long history of helicopter operations using the 20-minute fuel reserve requirement. When using this provision, a person must consider any landing performance data that enables a landing in the vertical-lift flight mode, including taking into consideration the energy requirements to successfully complete a descent and landing in the vertical-lift flight mode from the altitude they plan to use. There may be performance requirements or limitations contained in the AFM that would prevent a poweredlift from conducting a landing in the vertical-lift flight mode, such as a landing weight limitation, thereby requiring the use of the airplane fuel supply requirements of § 135.209(a). In the comments, the FAA received requests from manufacturers that are developing aircraft with a nontraditional fuel supply, such as battery powered, to allow fuel requirements other than the prescriptive airplane or helicopter VFR fuel supply requirements. The FAA has decided to adopt a deviation process as an PO 00000 Frm 00143 Fmt 4701 Sfmt 4700 92437 alternative pathway to the VFR fuel supply requirements. The FAA concluded that the deviation process could maintain the level of safety provided by § 135.209 and be beneficial to those powered-lift using nontraditional fuel sources. In order to maintain this level of safety, the FAA has determined a deviation will be available only to those powered-lift operating over specific routes that have predetermined suitable landing areas available. A suitable landing area under § 194.306(rr) and (ss) is an area that provides the operator reasonable capability to land without causing undue hazard to persons or property. These suitable landing areas must be site-specific, designated by the operator, and accepted by the FAA. This will ensure that any operation conducted with less than the prescriptive VFR fuel supply minimums will be conducted under a controlled environment. The controlled environment will incorporate pre-determined suitable landing areas that are known by the pilot in advance and be based upon the specific route being flown along with the VFR fuel reserve specified in minutes. The FAA will evaluate each certificate holder’s deviation request to determine if the proposed operation will maintain an equivalent level of safety as currently provided in the prescriptive rule. The authorization to use this deviation would be granted to the certificate holder via Operations Specifications (OpSpecs). In response to Archer’s point on operational data being determined during aircraft certification, the FAA notes that the fuel reserve requirements are based upon the operational rules in which the flight is conducted and, unlike Archer alleged, are not determined during aircraft certification. Archer also mentioned that, while helicopters have multiple single-pointof-failure vulnerabilities, Archer’s ‘‘Midnight’’ aircraft has none, a reliability Archer believed should also be recognized in the determination of reserve fuel. In response to this comment, the FAA states reliability is not a consideration for the fuel requirements of this rule. The FAA also disagrees with Archer’s assertion that fuel reserve requirements should vary based upon the range of the aircraft. The FAA has consistently held that fuel reserve requirements do not vary based upon the range of the aircraft. The FAA also disagrees with Eve’s assertion that the FAA should consider appropriate operational requirements applied for energy reserve based on the design and performance capabilities of each individual certified powered-lift. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92438 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Fuel reserve requirements are based upon the operational rules in which the flight is conducted and are not based upon an aircraft’s individual design or performance capability. BETA also mentioned that electric propulsion powered-lift will have variable energy reserve needs based on the planned flight profile. The FAA does agree with BETA’s assertion that fuel reserve requirements are not entirely based upon the duration of flight or distance flown. All operators must take into consideration the energy requirements based upon their entire planned flight including any extra energy requirements for vertical-lift flight operations. The FAA disagrees with BETA’s argument that the variable energy reserve should be based upon the planned flight profile without any kind of mitigations to ensure the continued safety of the operation. However, as discussed above, the FAA is providing a pathway, through deviations, for a reserve amount less than the prescriptive airplane or helicopter fuel reserve minimums. In response to the Vertical Aerospace Group’s comments, the FAA notes that fuel reserves are based upon time to enable a pilot to take corrective/ alternative action, not on the type of energy used to propel the aircraft. Therefore, time is the factor for fuel reserve planning, and that time computes into a specific quantity of fuel or energy remaining, based upon the fuel/energy usage of the aircraft. In response to the Advanced Air Mobility Institute’s comment, the FAA asserts that commercial flight operations do not have the same level of acceptable risk as Department of Defense operations. Therefore, using the Department of Defense VFR fuel requirements would not be the benchmark for setting the VFR fuel requirements for powered-lift in part 135 operations. In conclusion, the FAA will require a powered-lift unable to land in the vertical-lift flight mode along the entire route to have 30 minutes fuel reserve during the daytime and 45 minutes during nighttime, as outlined in § 135.209(a). The FAA will add a provision enabling powered-lift that are continuously capable of conducting a landing in the vertical-lift flight mode along the entire route of flight to use 20 minutes of fuel reserve, as outlined in § 135.209(b). This provision is adopted at § 194.306(ss). Additionally, the Administrator may authorize deviations from the airplane or helicopter prescriptive fuel reserve requirements for powered-lift operations on specific routes that have one or more VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 predetermined suitable landing areas, if the FAA finds the operation can be conducted safely. The FAA will adopt the proposed § 194.307(ff) as amended, though due to renumbering, it is being adopted as § 194.306(rr). Section 135.221 provides the requirements for alternate airport weather minimums. Per § 135.221(a), no person operating an aircraft other than rotorcraft may designate an alternate airport unless the weather reports or forecasts indicate the weather conditions will be at or above authorized alternate airport landing minimums for that airport at the estimated time of arrival. Section 135.221(b) provides alternate airport weather minimums for rotorcraft. The FAA notes that powered-lift will likely spend the majority of flight time in wing-borne flight and cruise at higher altitudes with the potential for higher speeds than rotorcraft. As such, the FAA proposed the rules for rotorcraft in § 135.221(b) will not apply to poweredlift. The FAA received four comments on the FAA’s proposal to apply the requirements of § 135.221(a) to powered-lift and not permit poweredlift to use the provisions of § 135.221(b). AWPC argued that their AW609 Tiltrotor, is capable of VTOL, can conduct copter instrument approaches, and has an endurance comparable to helicopters. AWPC noted the AW609 Tiltrotor can conduct copter instrument approaches as well as meet the requirements for copter procedures as defined in § 97.3 (allow for reduced visibility minimums). As such, AWPC argued that their powered-lift should be subject to a performance-based IFR alternate airport weather minima requirement. Lilium believed that the safe use of helicopter flight rules for powered-lift can be evaluated during aircraft certification and/or the type rating evaluation process. Lilium recommended that the FAA adopt a similar comprehensive and risk-based approach as suggested by Lilium for altitude requirements in order to evaluate the capabilities and performance of each individual powered-lift to safely operate under helicopter IFR. While GAMA did not specifically address § 135.221, GAMA recommended that the FAA consider the capabilities of powered-lift rather than adopting what GAMA characterized as a ‘‘blanket application’’ of airplane rules. GAMA generally supported the FAA adopting performance-based operating regulations for powered-lift and points PO 00000 Frm 00144 Fmt 4701 Sfmt 4700 to ICAO Document 10103 as a source of guidance. In response to the comments received, the FAA made changes to the original proposal and will add regulatory text at § 194.306(tt) to allow powered-lift to have the ability to use the rotorcraft alternate airport weather minimums specified in § 135.221(b), provided the powered-lift has the authorization to conduct copter procedures and can land in the vertical-lift flight mode, as provided in the AFM. A powered-lift will only be authorized to utilize copter procedures if they are able to fly at the slower airspeeds necessary to conduct those procedures. Powered-lift that are unable to meet the requirements for copter procedures will be required to use standard approach procedures and therefore the alternate airport minimums specified for aircraft in § 135.221(a). During aircraft certification, the FAA will assess the aircraft’s stability, system, and equipage for IFR operations. A powered-lift that does not possess these characteristics may still be certificated for IFR but will be prohibited from performing copter procedures and have a limitation in the AFM to that effect. Those powered-lift would not be authorized to use the rotorcraft option and would be required to use the IFR alternate airport minimums specified for aircraft. This requirement is adopted at § 194.306(tt). When taking into consideration whether a powered-lift can land in the vertical-lift flight mode, a person must consider any landing performance data contained in the AFM that enables the aircraft to conduct a landing in the vertical-lift flight mode. There may be performance requirements or limitations contained in the AFM that would prevent a powered-lift from conducting a landing in the vertical-lift flight mode, such as a landing weight limitation, thereby requiring a person to use the IFR alternate airport minimums specified for aircraft in § 135.221(a). In response to Lilium’s comment about establishing operational rules during aircraft certification, the FAA disagrees with Lilium. During the certification process, an applicant should have an understanding of the requirements of the rules in which they wish to market their aircraft and design them accordingly. Section 135.223(a) requires aircraft other than helicopters to carry a 45minute fuel reserve. Section 135.223(a)(3) requires a fuel reserve for helicopters of at least 30 minutes. In the NPRM, the FAA proposed to retain the 45-minute fuel reserve requirement specified for aircraft for powered-lift E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations and did not apply the less restrictive helicopter fuel reserve requirement set forth in § 135.223(a)(3). The FAA received one comment in support of and twelve comments opposing the FAA’s proposal to apply § 135.223(a)(3). An anonymous commenter agreed with the FAA’s proposal noting that battery-powered aircraft should have the same energy ‘‘fuel’’ reserves as other propeller or jet aircraft, 30 minutes at day and 45 minutes at night, and 45 minutes IFR reserve plus ‘‘fuel’’ or battery power to fly to an alternate airport and conduct the approach if necessary. Archer believed that the application of airplane fuel reserves to the poweredlift category is inappropriate, and that the FAA is failing to consider the unique operational capability of a powered-lift’s ability to take off and land vertically. Archer urged the FAA to consider regulations that will enable approvals of performance-based fuel reserves tailored specifically for those eVTOL powered-lift seeking certification. According to Archer, in order to recognize the unique, short-range operating environment anticipated by powered-lift eVTOLs, they recommend a regulation that can follow longstanding precedent of the fuel reserve OpSpecs that are utilized by many part 121 air carriers. This data-driven fuel planning would recognize that eVTOLs operating on very short stage lengths are likely to be able to demonstrate, with data, consistency in operations that enable lower fuel reserves with equivalent levels of safety. Archer recommended that the FAA adopt language in part 194 that will allow for Performance Based Contingency Fuel (PBCF) approvals for part 135 based on operational data. The Advanced Air Mobility Institute suggested the FAA consult with the Department of Defense to determine powered-lift fuel requirements. As stated above, CAE provided comments on fuel reserves distinguishing between the varying characteristics and differences between airplanes and powered-lift. CAE also recommended that the FAA should provide an alternate pathway for an operator or manufacturer to obtain approval for a different fuel reserve minimum. AWPC argued that powered-lift capable of VTOL should be allowed to use helicopter VFR fuel reserves. Eve recommended considering appropriate operational requirements applied for energy reserve based on the design and performance capabilities of VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 each individual certified powered-lift. Eve recommended that the FAA consider alignment with ICAO Document 10103 guidance to meet the existing operational safety level applied for helicopters and airplanes. Eve recommended that the FAA introduce more practical, performancebased energy reserve requirements applied for planned routes and consider the type of energy used by the poweredlift relating to the operation applied for each type of aircraft. Lilium recommended that the FAA adopt appropriate regulatory amendments to provide flexibility for certificate holders to operate poweredlift under helicopter instrument requirements where it has been determined appropriate and approved by the Administrator. BETA asserted that the FAA’s adoption of the existing airplane VFR and IFR reserve requirements is overly burdensome for powered-lift that may only be capable of short duration flights and fails to consider the variability in required energy reserves for electric propulsion powered-lift based on the planned flight profile and landing type. The Vertical Aerospace Group asserted that the 30-minute energy reserve requirement for day VFR operation is overly conservative and that the FAA failed to consider the unique operating characteristics of powered-lift and access to powered-lift would be limited. It also alleged that powered-lift are capable of vertical landings and performing approach and go-around maneuvers in low-speed thrust-borne mode, allowing more flexibility in emergency conditions. Vertical Aerospace Group also stated that the FAA should recognize that electric powered-lift have fundamentally different energy densities and limitations compared to traditional aviation fuel and the FAA should take this into consideration in setting the appropriate requirements. Powered-lift are primarily designed for short distance urban air mobility operations, and applying fuel reserve requirements for airplanes is not aligned with the typical mission profiles of these aircraft. It also asserted that electric propulsion systems offer a markedly higher precision in remaining energy indication compared to traditional turbine engines. This enhanced precision makes a time-based approach to energy-reserves limiting and fails to capitalize on the real-time, high-fidelity data that will be available for more precise energy management. Vertical Aerospace Group encouraged the FAA to take a performance-based approach, setting fuel requirements based on the performance and the type PO 00000 Frm 00145 Fmt 4701 Sfmt 4700 92439 of operation of the specific aircraft. According to Vertical Aerospace Group, this will allow for a more tailored approach in which the overall design, operational profile, and safety requirements of the aircraft are taken into account. In addition, such an approach would be in line with other key regulators, such as EASA, supporting the collective ambition for greater regulatory harmonization. GAMA stated that the approach to use airplane requirements for many of the operational rules does not consider that many powered-lift have performance capabilities similar to rotorcraft. GAMA further asserted that the application of prescriptive operating rules without consideration for the vehicle performance reduces the usefulness of powered-lift. GAMA strongly recommended that the FAA consider the diverse capabilities of powered-lift and mentions that the broad diversity for the blanket application of airplane rules is not suitable for accommodating the unique design characteristics of these new aircraft. GAMA’s comments submitted for this section are identical to the comments submitted for § 135.209 and are cited in that section. GAMA also submitted an additional document that recommends adopting most of the recommendations from ICAO Document 10103, stating that, for most operating rules where the term helicopter is used, powered-lift should also fit. The exception would extend certain operating rules applicable to airplanes to powered-lift, such as over water operations and oxygen requirements. GAMA recommended using operational concepts for some electric powered-lift that may be supported by performance-based fuel/ energy reserves as an alternative to current time-based concepts. They stated that this approach would allow for adequate mission-specific energy reserves without lowering today’s established safety levels and thus eliminate the need for recurring exemptions. Joby stated the FAA should amend their part 194 requirements that specify fuel reserves for powered-lift to align with today’s requirements for helicopters. Joby stated that powered-lift share unique performance capabilities with helicopters, which differentiates them from traditional fixed-wing aircraft. Joby argued that, under the proposed regulation, an electric powered-lift might be required to carry a more significant portion of its energy reserve compared to conventionally fueled aircraft. Joby’s comments are identical to their comments for § 135.209 and are cited in that section. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92440 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single document submitted by NBAA. They believed the FAA failed to consider the characteristics powered-lift and their operating environment by unilaterally applying airplane fuel reserves to all powered-lift. They asserted that powered-lift should be permitted to utilize helicopter fuel reserves since powered-lift are capable of landing like helicopters. AOPA, GAMA, HAI, NATA, NBAA, and VFS comments are identical to their comments for § 135.209 and are cited in that section. L3Harris Commercial Aviation Solutions—Advanced Air Mobility asserted the FAA’s NPRM for poweredlift does not align with ICAO. L3Harris recommended that the FAA clarify the framework for powered-lift utilizing ICAO Document 10103. In response to the commenters such as Archer, CAE, LTDA/Eve, Lilium, GAMA, Joby, and NBAA and their assertions stated above with regard to fuel reserves, the FAA will add an option to the final rule allowing powered-lift to use a 30-minute fuel reserve for IFR flight, which is the IFR fuel reserves specified for helicopters. The FAA will allow this provision only for those powered-lift that can use copter procedures and have the performance capability to land in the vertical-lift flight mode. If the poweredlift can meet those two provisions, they will be allowed to use the 30-minute fuel reserve requirement. A powered-lift will only be authorized to utilize copter procedures if they are able to fly at the slower airspeeds necessary to conduct those procedures, see section IV.B. part 97. During aircraft certification, the FAA will assess the aircraft’s stability, system, and equipage for IFR operations. This assessment will occur during the type certification process. A poweredlift design that meets the standards, which provides an equivalent level of safety to the relevant standards in parts 27 or 29, can be certificated for IFR flight and authorized to execute copter procedures. However, a powered-lift may still be certificated for IFR flight but could be prohibited from performing copter procedures and have a limitation in the AFM to that effect. Therefore, those powered-lift with a limitation in the AFM prohibiting copter procedures would not be authorized to use the 30minute fuel reserve option and would be required to use the 45-minute fuel reserves specified for aircraft. Although in the NPRM the FAA stated it did not have sufficient experience to grant relief for powered- VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 lift fuel requirements, the FAA evaluated the comments received about how a powered-lift can have the ability to fly at slower airspeeds like a helicopter. Therefore, the FAA considers that the mitigations of requiring a powered-lift to be able to conduct copter procedures and always be able to conduct a landing in the vertical-lift flight mode along the entire flight should ensure the safety of the operations will be comparable to those conducted with helicopters. Therefore, a person operating a powered-lift will have the option to use the 30-minute helicopter IFR fuel reserve requirement when the powered-lift is authorized to conduct copter procedures and has the performance capability, as provided in the AFM, to always conduct a landing in the vertical-lift flight mode along the entire flight. This aligns with the rationale provided in the March 13, 1985, NPRM where the FAA proposed to permit helicopters to use a 30-minute IFR fuel reserve. In that NPRM, the FAA asserted that helicopters, with their reduced IFR approach minimums stipulated in part 97, will have a better probability of completing a flight to the planned destination. On November 7, 1986, the FAA codified the 30-minute IFR fuel reserve requirement.416 Therefore, by ensuring that a specific powered-lift can operate in flight at the reduced airspeeds required to conduct copter procedures, a powered-lift would also have a better probability of completing a flight to the planned destination and will be able to use a 30minute IFR fuel reserve. When taking into consideration the performance capability to conduct a landing in the vertical-lift flight mode, a person must consider the energy required to successfully complete a descent from the altitude they plan to use, any required instrument or visual procedure, and land in the vertical-lift flight mode. There may be performance requirements or limitations contained in the AFM, or in any approved Minimum Equipment List (MEL), that would prevent a powered-lift from conducting a landing in the vertical-lift flight mode, such as a landing weight limitation or a deferred maintenance item, thereby requiring a person to use the 45-minutes of reserve fuel. In response to Archer’s and Eve’s argument related to operational data being determined during aircraft certification, the FAA notes that the fuel reserve requirements are based upon the operational rules under which the flight is conducted. Fuel reserve requirements 416 51 PO 00000 FR 40710 (November 7, 1986). Frm 00146 Fmt 4701 Sfmt 4700 are not determined during aircraft certification. In response to Archer’s comment about single-point-of-failure vulnerabilities, the FAA notes that reliability is not a consideration for the fuel requirements of this rule. The FAA does not use reliability of an aircraft design as a determining factor for IFR fuel requirements. Archer recommended the use of an Operations Specification to permit operators to use a lower fuel requirement for IFR flights. The FAA has determined that such an Operations Specification would not be in the interest of safety for short-haul domestic IFR flights. The FAA notes that Operations Specification B043 is only allowed for international flights, and the short haul domestic flights that Archer referenced in their comment is not within scope of what this Operation Specification permits. In response to the Vertical Aerospace Group, GAMA, and Joby comments on fuel/energy reserve, the FAA asserts the operational rules for IFR fuel requirements that are based upon time are appropriate. The requirement, which is based upon a known amount of time, provides a suitable safety mitigation for unforeseen circumstances a pilot might encounter during an IFR flight. Utilizing a time-based requirement allows a universal standard in which a variety of aircraft (whose fuel/energy consumption can vary by significant margins due to the size of the aircraft and type of powerplant) will have the same amount of time available to deal with unforeseen circumstances. Vertical Aerospace Group commented on electric propulsion systems offering a higher precision in remaining energy. The FAA agrees that having a highly precise display of remaining energy would be beneficial for a pilot to determine the amount of fuel/energy available. However, having an accurate reading of remaining fuel/energy onboard an aircraft is not a suitable replacement for the time aloft prescribed by the rule to deal with unforeseen circumstances that may occur during an IFR flight. In response to the Advanced Air Mobility Institute’s comment, the FAA asserts that commercial flight operations and their level of acceptable risk are not the same as what the Department of Defense would deem acceptable. Therefore, using the Department of Defense IFR fuel requirements would not be the appropriate benchmark for determining the IFR fuel requirements for powered-lift in part 135 operations. In response to the comments received, the FAA will allow a powered-lift the E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 option to use the 30-minute helicopter IFR fuel reserve requirement when the powered-lift is authorized to conduct copter procedures and has the performance capability, as provided in the AFM, to always conduct a landing in the vertical-lift flight mode along the entire flight. Therefore, the FAA will add § 194.306(uu) to the final rule. Section 135.225 contains requirements generally applicable to aircraft performing instrument approaches to airports. Section 135.225(e) requires a PIC of a turbine powered airplane who has not served at least 100 hours as PIC in that type of airplane to increase the Minimum Descent Altitude (MDA) or Decision Altitude/Decision Height (DA/DH) and visibility landing minimums by 100 feet and 1⁄2 mile, respectively. In the NPRM, the FAA proposed in § 194.307(gg) to apply § 135.225(e) to powered-lift. PICs of powered-lift should also possess a high degree of familiarity with their aircraft and its controls, instruments, and performance requirements, and due to the complexity required as the aircraft transitions from winged to vertical flight during a critical phase of flight, the PICs of all poweredlift will have the increased MDA or DA/ DH and visibility landing minimums. The FAA received one comment on proposed § 194.307(gg) from Archer, generally expressing support for ensuring that there is an equivalent level of safety between airplanes, helicopters, and powered-lift. In response to the comment received, the FAA did not make any changes to the proposed regulatory text. Therefore, the FAA adopts the proposed § 194.307(gg) as final, though due to renumbering, it is being adopted as § 194.306(vv). Section 135.227 addresses the operating limitations in icing conditions for airplanes and helicopters. Section 135.227(a) applies to all aircraft, meaning that powered-lift must comply with those requirements as written. Paragraph (b) applies to only airplane operations and requires pilots to have completed training required by § 135.341 prior to conducting operations when the conditions are such that frost, ice, or snow may reasonably be expected to adhere to the airplane, if the certificate holder authorizes takeoffs in ground icing conditions.417 In the 417 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 NPRM, the FAA proposed to apply § 135.227(b) to powered-lift in § 194.307(hh). Section 135.227(d) states that no pilot may operate a helicopter under IFR into known or forecasted icing conditions, or under VFR into known icing conditions, unless the helicopter has been typecertificated and is appropriately equipped for operating in icing conditions. The FAA proposed in § 194.308(i) to apply § 135.227(d) to powered-lift, allowing powered-lift to conduct flights into known or forecast light or moderate icing conditions, providing the powered-lift has been type certificated and is appropriately equipped. The FAA received one comment generally on operating in icing conditions and one comment on proposed § 194.308(i). The Advanced Air Mobility Institute recommended that the FAA consult with the Department of Defense (DoD) on the final rulemaking regarding operations in known or forecast severe icing conditions. This rulemaking is not addressing powered-lift operations in known forecast severe icing conditions. However, the FAA will take this recommendation into consideration if the FAA contemplates additional rulemaking permitting powered-lift to operate in known or forecast severe icing conditions. GAMA agreed with the FAA’s proposal in § 194.308(i), the helicopter requirement, to apply the requirements of § 135.227(d) to powered-lift. The FAA did not make any changes to the proposed regulatory text in response to the comments received. The FAA noticed during the consolidation of the part 135 airplane and rotorcraft tables that the reference contained in proposed § 194.308(i) in the additional requirements column was incorrectly listed as § 194.307(ii). The FAA also determined the critical surface reference in the proposed § 194.308(i) would no longer be required because § 194.306(ww) already covers the critical surfaces requirement. Furthermore, the reference leading the reader to the helicopter requirements in proposed § 194.307(hh)(3), which stated ‘‘For IFR and VFR flight into certain icing conditions, see § 194.308(i)’’ is no longer needed. Due to the consolidation and subsequent renumbering, the proposed § 194.307(hh) is being adopted as § 194.306(ww) and proposed 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. PO 00000 Frm 00147 Fmt 4701 Sfmt 4700 92441 § 194.308(i) is being adopted as § 194.306(xx). Section 135.229 provides the airport requirements for part 135 operations. The requirements of § 135.229 apply to all aircraft, with the exception of § 135.229(b)(2)(ii), which states that helicopters are also allowed to land at an airport where the limits of the area to be used for takeoff and landing are marked using reflective material. The landing lights on helicopters are generally oriented so that they shine at an angle approximate to a normal approach angle used by helicopters.418 This negates the need for illuminated runway lights on the landing area and permits the helicopter pilot to easily pick out and maintain a safe approach angle to an area marked by reflective material. The FAA proposed 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. The FAA received one comment from GAMA on proposed § 194.308(j) agreeing with the FAA’s proposal to allow a powered-lift to takeoff from or land at an airport that uses reflective material when conducting a takeoff or landing. The FAA did not make any substantive changes to the proposed regulatory text. In finalizing this rule, however, the FAA determined that it needed to revise the regulatory text to clarify the FAA’s intent, as described in the NPRM, which was to include areas used for both takeoffs and landings. This also aligns with the provisions contained within the text of § 135.229. As a result, the FAA has clarified that § 135.229, adopted as final as § 194.306(yy), includes areas used for both takeoff and landing, not just landing areas. 5. Subpart F: Crewmember Flight Time and Duty Period Limitations and Rest Requirements Subpart F details crewmember flight time, duty period limitations, and rest requirements. Section 135.271 provides the rest and duty requirements for Helicopter Air Ambulance (HAA) operations conducted from a hospital. In order to ensure that the helicopter pilot is adequately rested, § 135.271(f) requires there to be an approved place of rest at, 418 Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964). E:\FR\FM\21NOR2.SGM 21NOR2 92442 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 or in close proximity to, the hospital where the helicopter is based. Powered-lift can conduct vertical takeoffs and landings and can conduct air ambulance operations at a hospital heliport. Therefore, powered-lift operators authorized to conduct air ambulance operations based at a hospital should be allowed to use the rest and duty rules permitted by § 135.271. Therefore, the FAA proposed in § 194.308(k) that § 135.271 could apply to powered-lift conducting HAA operations in accordance with subpart L of part 135. The FAA received two comments on proposed § 194.308(k). ALPA and GAMA both agreed with the FAA’s proposal to apply § 135.271 to poweredlift conducting HAA operations in accordance with subpart L of part 135. The FAA did not make any changes to the proposed regulatory text and adopts § 194.308(k) as final, though due to renumbering, it is being adopted as § 194.306(zz). 6. Subpart I: Airplane Performance Operating Limitations Subpart I outlines the airplane performance operating limitations applicable to large transport category, large nontransport category, small transport category, and small nontransport category airplanes with different types of powerplants. Although Subpart I is airplane specific, the FAA acknowledged in this SFAR that some powered-lift may fit the definition of large aircraft, which is more than 12,500 pounds, while others will be considered small aircraft, which are 12,500 pounds or less. The FAA anticipated some powered-lift could operate similarly to an airplane during takeoff and landing and will routinely operate similarly to an airplane during horizontal flight. In those cases, the powered-lift will be supported in flight by the dynamic reaction of the air against their wings (termed wing-borne flight). In the NPRM, the FAA anticipated that some powered-lift will only be able to conduct VTOL operations, while others may have the ability to conduct a takeoff or landing that depends on wing-borne lift, similar to an airplane. For the latter, some of the requirements of subpart I should be applicable. For powered-lift that can conduct takeoff and landings using wing-borne lift, the performance data will be published in the AFM and will contain items such as: takeoff roll, takeoff distance, and landing distance required. This will enable a pilot of a poweredlift to determine that an adequate area is available to enable a safe takeoff or VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 landing. Persons or property being transported on powered-lift meeting the size and certification standards of this subpart should be afforded the safety requirements of this subpart that are currently afforded to those transported on airplanes. Although the FAA has not yet published a transport category certification standard for powered-lift, the FAA proposed to apply the transport category requirements of subpart I to large powered-lift. Due to the novel designs of powered-lift and the varying capabilities of those aircraft, a combination of the aircraft certification standards from the various sections of parts 23, 25, 27, and 29 may be used to develop the certification criteria for each individual powered-lift design. Section 135.361(a) states that subpart I of part 135 applies to the operation of the categories of airplanes listed in § 135.363 when operated under part 135. The FAA proposed in § 194.307(ii) that the sections of subpart I of part 135 should apply to powered-lift, regardless of powerplant type. The FAA has clarified in the regulatory text that any provisions within subpart I of part 135 that reference a specific category of aircraft, such as an airplane, and that are not referenced in the SFAR tables to §§ 194.302 or 194.306, do not apply to powered-lift. The FAA received no comments on proposed § 194.307(ii); therefore, the FAA adopts the proposed § 194.307(ii) as final, though due to renumbering, it is being adopted as § 194.306(aaa). Section 135.363(a) through (e) outline which sections of subpart I apply to certain types of airplanes, considering factors such as: the size, type of powerplant, and certification basis for the airplane. The FAA did not anticipate that there would be a large powered-lift produced with a reciprocating engine, therefore paragraph § 135.363(a) will not be applicable. The FAA proposed in § 194.307(jj) that when a powered-lift meets the criteria established in paragraphs (b) through (e), regardless of powerplant type, the referenced regulatory sections will apply. Section 135.363(f) requires the performance data in the AFM to be used in determining compliance with §§ 135.365 through 135.387. Section 135.363(f) also contains a provision to allow the interpolation and computing the effects of changes in specific variables, so long as those calculations are substantially as accurate as the results of direct tests. The FAA proposed in § 194.307(kk) that if a powered-lift is required to be in compliance with a section contained in PO 00000 Frm 00148 Fmt 4701 Sfmt 4700 §§ 135.365 through 135.387, then the provisions of § 135.363(f) will apply. Although § 135.365(f) specifies an AFM, the FAA asserted that for any poweredlift that requires compliance with a section contained in §§ 135.365 through 135.387, the powered-lift AFM will contain any applicable performance data. Additionally, the FAA expects that the interpolation and computation that is permitted in § 135.363(f) could be accomplished for powered-lift without any degradation of safety, just as it is allowed for airplanes. The FAA received no comments on proposed § 194.307(jj) and (kk). Therefore, the FAA adopts the proposed § 194.307(jj) and (kk) as final, though due to renumbering, these sections are being adopted as § 194.306(bbb) and (ccc). Additionally, the FAA inadvertently included § 135.363(a) in the proposed § 194.307(jj), though the accompanying preamble text in the NPRM made clear that § 194.307(jj) was meant to only apply § 135.363(b) through (e) to powered-lift. The adopted § 194.306(bbb) corrects this error. Section 135.379 contains takeoff limitations applicable to large turbine engine-powered transport category airplanes. Section 135.379(a) states that no person operating a turbine enginepowered large transport category airplane may take off that airplane at a weight greater than that listed in the AFM. The calculation for determining that takeoff weight must consider the elevation of the airport and the ambient temperature existing at the time of takeoff. Section 135.379(c) requires that an airplane subject to § 135.379(c) cannot takeoff at a weight greater than that listed in the AFM. Section 135.379(c) also lists specific performance requirements, such as the takeoff run must not be greater than the length of the runway, accelerate-stop distances, and required takeoff distance. Section 135.379(d) states that an airplane cannot takeoff at a weight greater than that listed in the Airplane Flight Manual and lists specific performance requirements for obstacle clearance in the takeoff path (for airplanes certificated after August 26, 1957, but before October 1, 1958) and takeoff flight path (for airplanes certificated after September 30, 1958). Section 135.379(e) requires certain corrections to be considered when determining maximum takeoff weights, minimum distances, and flight paths under § 135.379(a) through (d). These corrections include which runway is used and its gradient, airport elevation, ambient temperature, or wind E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations component. These corrections are made to ensure that operators take all relevant performance factors related to takeoff operations into account to ensure that the airplane safely remains within its weight limitations for a particular takeoff. Section 135.379(f) sets two assumptions when calculating takeoff performance: the airplane is not banked before reaching a height of 50 feet, and after reaching a height of 50 feet, the maximum bank is not more than 15 degrees. Section 135.379(g) applies the terms takeoff distance, takeoff run, net takeoff flight path to have the same meanings as set forth in the rules under which the airplane was certificated. In the NPRM, the FAA included paragraph (g) in the regulation text table making it applicable to large powered-lift certificated to conduct takeoff operations that utilize wing-borne lift as indicated in the AFM. For those powered-lift that have a takeoff distance, takeoff run and net takeoff flight path this will ensure the safety requirements relevant to those terms are taken in consideration just as they are for airplanes. The FAA proposed in § 194.307(ll) that paragraphs (a) and (d) of § 135.379 apply to large powered-lift. In addition, the FAA proposed in § 194.307(mm) that paragraphs (c), (e), (f), and (g) of § 135.379 apply to large powered-lift that utilize wing-borne lift during takeoff and have the takeoff performance information contained in the AFM. The FAA finds that the expected commonalities between transport category airplane and large powered-lift operations warrant application of these provisions to large powered-lift. The accelerate-stop distance set forth in § 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). The FAA received no comments on proposed § 194.307(ll) and (mm) and therefore, the FAA adopts the proposed § 194.307(ll) and (mm) as final. However, due to renumbering, these sections are being adopted as § 194.306(ddd) and (eee). Section 135.381(a) specifies that a person operating a turbine enginepowered large transport category airplane must takeoff at a weight, allowing for normal consumption of fuel and oil, which will ensure that the airplane will be able to clear all terrain and obstructions within its flightpath with one engine inoperative. Section 135.381(b) lists six assumptions that must be considered when computing VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 the net flight path and horizontal and vertical safety areas required by § 135.381(a)(2). Large powered-lift will conduct en-route operations similar to transport category airplanes. The important safety criteria of § 135.381 should apply to powered-lift if one engine were to become inoperative. As such, the FAA proposed in § 194.307(nn) that this section be applicable to large powered-lift. The FAA received no comments on proposed § 194.307(nn), and therefore, the FAA adopts § 194.307(nn) as final, though due to renumbering, it is being adopted as § 194.306(fff). Section 135.383 provides en route limitations for turbine engine-powered large transport category airplanes with two engines inoperative. Specifically, § 135.383(c) specifies that a person operating a turbine engine-powered large transport category airplane on an intended route must ensure that the airplane is no more than 90 minutes away from an alternate airport, or that a powered-lift with two inoperative engines will clear all terrain and obstructions within its flightpath. Large powered-lift will conduct en route operations similar to airplanes, and this important safety criteria should apply if two engines were to become inoperative. Additionally, § 135.383(c)(2) contains assumptions that must be considered when computing the net flight path, required horizontal and vertical safety areas and fuel requirements. Having alternate airports planned along the route is essential for en route operations. Therefore, the FAA proposed in § 194.307(oo) that § 135.383(c) should apply to large powered-lift. The FAA received no comments on proposed § 194.307(oo) and adopts § 194.307(oo) as final, though due to renumbering, it is being adopted as § 194.306(ggg). Section 135.385 provides required landing limitations at destination airports for large turbine enginepowered transport category airplanes. Section 135.385(a) stipulates that no person operating a turbine engine powered large transport category airplane may take off at a weight if the weight of the airplane on arrival would exceed the landing weight as contained in the AFM. Section 135.385(a) is intended to ensure an airplane will not arrive overweight for landing. Section 135.385(b) through (f) detail which factors must be applied when determining the required landing distances. The FAA believes these considerations are equally applicable to large powered-lift and therefore proposed in § 194.307(pp) that PO 00000 Frm 00149 Fmt 4701 Sfmt 4700 92443 paragraph (a) be applicable to large powered-lift. Section 135.385(b) specifies that, in order for a person to conduct a takeoff in a turbine engine-powered large transport category airplane, the airplane weight on arrival must allow a full stop landing at the intended destination airport within 60 percent of the effective length of each runway. This rule provides for a 40 percent safety margin to help ensure that an airplane can safely land and prevents a person from attempting to operate into runways where there is no margin of error, which is also important for large powered-lift that utilize wing-borne lift during landing. The FAA proposed in § 194.307(qq) that § 135.385(b) applies to large powered-lift that utilize wingborne lift during landing and provide landing performance information in the AFM. Section 135.385(d) requires that, unless approved and included in the airplane flight manual, a large transport category turbojet airplane must add an additional 15 percent margin onto the landing distance calculated per § 135.385(b) when the destination may be wet or slippery at the estimated time of arrival. The FAA proposed in § 194.307(qq) that § 135.385(d) would be applicable to large powered-lift that utilize wing-borne lift during landing and have landing performance information contained in the AFM. Section 135.385(e) provides that a turbojet-powered airplane that would otherwise be prohibited from conducting a takeoff because the airplane could not be landed on the most suitable runway may takeoff if an alternate airport is selected. The FAA proposed in § 194.307(qq) that § 135.385(e) would apply to large powered-lift that conduct landing operations that depend on wing-borne lift and have that landing performance information contained in the AFM. Section 135.385(f) provides an option to eligible on-demand operators to conduct a takeoff if the operation is permitted by an approved Destination Airport Analysis in that operator’s manual and certain conditions are met. The eligible on-demand operator is authorized to calculate the required runway distance at 80 percent of the effective length of the runway. A powered-lift using the wing-borne lift mode during landing is similar in operation to a landing airplane. Therefore, the FAA proposed in § 194.307(qq) this paragraph be applicable to large powered-lift that utilize wing-borne lift during landing and have landing performance information contained in the AFM. E:\FR\FM\21NOR2.SGM 21NOR2 92444 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 The FAA received no comments on proposed § 194.307(pp) or (qq); therefore, the FAA adopts § 194.307(pp) and (qq), as final. However, due to renumbering, these sections are being adopted as § 194.306(hhh) and (iii). Section 135.387 stipulates landing limitations for selecting an alternate airport for large turbine engine powered transport category airplanes. Specifically, § 135.387 requires that the selected alternate airport must allow the airplane to be brought to a full stop landing based on the weight of the airplane expected at the time of arrival at the alternate airport. The FAA proposed in § 194.307(rr) that paragraphs (a) and, for eligible ondemand operators, paragraph (b) would apply to large powered-lift that utilize wing-borne lift during landing and has landing performance information contained in the AFM. The FAA received no comments on proposed § 194.307(rr) and is adopting § 194.307(rr) as final, though due to renumbering, it is being adopted as § 194.306(jjj). Section 135.397 stipulates the performance operating limitations for small transport category airplanes. Section 135.397(a) and (b) outline the performance requirements for small transport category airplanes. This section requires compliance with weight, takeoff, and landing limitations as contained in other sections of subpart I. Section 135.397(a) is applicable to reciprocating engine powered airplanes, and the FAA asserts that paragraph (a) would not be applicable to powered-lift. Therefore, the FAA proposed in § 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 wingborne lift during takeoff or landing, and that have takeoff or landing performance information contained in the AFM. The FAA received no comments on proposed § 194.307(ss); therefore, the FAA adopts § 194.307(ss) as final, though due to renumbering, it is being adopted as § 194.306(kkk). 7. Subpart J: Maintenance, Preventative Maintenance, and Alterations Section 135.429 applies to all aircraft used for operations conducted under part 135, including powered-lift, with the exception of § 135.429(d). Section 135.429(d) is focused on rotorcraft and states that the FAA may approve procedures for the performance of required inspection items by a pilot of a rotorcraft that operates in remote areas or sites. The rule is intended to allow a certificate holder the opportunity to establish a preventive maintenance VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 process when a mechanical interruption occurs in a remote area or site. Because powered-lift may take off and land like a rotorcraft, some powered-lift may operate in remote areas or sites. Consequently, powered-lift used in such operations experience the same challenges that exist for rotorcraft when an unscheduled mechanical interruption occurs. Therefore, the FAA proposed in § 194.308(l) to apply § 135.429(d) to powered-lift that operate in remote areas or sites. The FAA received three comments, a group comment from AOPA, GAMA, HAI, NATA, NBAA, and VFS, and comments from CAE and Joby on proposed § 194.308(l). All three were in support of the FAA’s proposal to apply the preventive maintenance requirements available to certificate holders operating rotorcraft under part 135 in remote areas to certificate holders operating powered-lift under part 135 in remote areas. The FAA adopts § 194.308(l) as final, though due to renumbering, it is being adopted as § 194.306(lll). 8. Subpart L: Helicopter Air Ambulance Equipment, Operations, and Training Requirements Helicopter air ambulance (HAA) operations must comply with subpart L of part 135, as well as the other requirements of part 135. In the NPRM, the FAA proposed that powered-lift conducting air ambulance operations should be required to comply with subpart L of part 135. Because the FAA proposed that subpart L apply to powered-lift, it also proposed in § 194.308(a) that § 135.1(a)(9) apply to powered-lift conducting air ambulance operations. Section 135.601 provides the applicability and definitions for subpart L of part 135. The FAA anticipated that operators utilizing powered-lift for air ambulance activities will present a new dynamic because these aircraft can be operated like an airplane and a helicopter. The FAA currently differentiates between airplane air ambulance operations and HAA operations including the required equipment, weather minimums, required risk analysis, flight monitoring, and the authorizing document issued to the operator.419 Powered-lift conducting air ambulance operations should be 419 Air ambulance operations conducted in an airplane are approved through issuance of Operations Specification A024, while air ambulance conducted in a helicopter are approved through issuance of A021. When the type of operation is proposed in powered-lift, the FAA will issue the appropriate operations specification. PO 00000 Frm 00150 Fmt 4701 Sfmt 4700 provided to the public at the same level of safety as HAA operations, and the rules contained in subpart L provide this level of safety. Accordingly, the FAA proposed in § 194.308(m) that the applicability and definitions section of subpart L also apply to powered-lift. The FAA received one comment on proposed § 194.308(m) from GAMA, who expressed support for the FAA’s proposal that the applicability and definitions section of subpart L apply to powered-lift that conduct air ambulance operations. Therefore, the FAA adopts § 194.308(m) as final, though due to renumbering, it is being adopted as § 194.306(mmm). 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. The FAA proposed in § 194.308(n) that these requirements also apply for powered-lift operations occurring under subpart L. The FAA received one comment on proposed § 194.308(n) from GAMA that supported the FAA’s proposal that the requirements of § 135.603 should apply to powered-lift that conduct air ambulance operations. The FAA realized in finalizing this rule that further clarification is necessary under § 194.306(nnn), pertaining to § 135.603. As mentioned above, the regulation currently requires the PIC to hold either a helicopter instrument rating or an ATP certificate with a category and class rating for that aircraft, that is not limited to VFR. These references are not applicable to powered-lift.420 As a result, the FAA has clarified that the PIC must hold a ‘‘powered-lift’’ instrument rating or an ATP certificate with a category rating for that aircraft. Therefore, the FAA adopts § 194.308(n) as final, though due to renumbering, it is being adopted as § 194.306(nnn). Section 135.605 stipulates the requirements for using a HTAWS. Consistent with proposed § 194.307(q), for powered-lift operating under subpart L, the FAA proposed to allow a hybrid system in a powered-lift that utilizes the features of a TAWS A system for wingborne flight and HTAWS for vertical-lift flight modes of operation for compliance with § 135.605. The FAA proposed in § 194.308(o) that any powered-lift that is used in air 420 For discussion on ‘‘class’’ ratings, see Section V.A (‘‘Certification of Powered-Lift Pilots’’). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations ambulance operations as defined § 135.601 be equipped with HTAWS, unless equipped with an FAA approved TAWS A/HTAWS hybrid system, in accordance with § 135.605. The FAA received no comments on proposed § 194.308(o) and therefore adopts § 194.308(o) as final, though due to renumbering, it is being adopted as § 194.306(ooo). Section 135.607 requires flight data monitoring systems for HAA operations. The FAA determined that it would be appropriate to apply the requirement for helicopters to have flight data monitoring system capable of recording flight performance data to powered-lift conducting air ambulance operations as set forth in § 135.607. The FAA did not identify any reason to differentiate between helicopters and powered-lift conducting air ambulance operations for purposes of compliance with this requirement, as it would be equally important for powered-lift to record flight performance data in the dynamic environment contemplated by subpart L. Accordingly, the FAA proposed § 194.308(p). The FAA received one comment on proposed § 194.308(p) from ALPA that referenced both a Flight Data Monitoring Systems (FDMS) and § 135.607. ALPA’s comment was not specifically directed toward the FAA’s requirement for powered-lift conducting air ambulance operations to equip the aircraft with a FDMS, but rather that all powered-lift should be required to be equipped with an FDMS. While the FAA is not requiring FDMS for all powered-lift, as discussed in section VI.B.6. of this preamble, the FAA is requiring all powered-lift that conduct air ambulance operations to equip their aircraft with an FDMS. As such, the FAA adopts § 194.308(p) as final, though due to renumbering, it is being adopted as § 194.306(ppp). Section 135.609 provides rules for VFR ceiling and visibility requirements for part 135 air ambulance operations in Class G airspace. For powered-lift, the FAA evaluated the VFR minimum altitudes, required visibility, and distance from cloud requirements for airplanes as contained in § 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 during the NPRM of applying the ceiling and visibility requirements of airplanes to powered-lift. In § 194.308(q), the FAA proposed the ceiling and visibility requirements for powered-lift air ambulance operations. In the NPRM the FAA proposed to change the nighttime ceiling requirements for all powered-lift operating as an air ambulance regardless of the mode of flight. The FAA also proposed no changes to the current ceiling and visibility minimums for daytime operations. The FAA received three comments on the proposed visibility requirements for powered-lift air ambulance operations. GAMA recommended that the FAA use the ICAO guidance provided for helicopters for this rule. AWPC argued that the FAA’s proposal to limit powered-lift to airplane minimums will inhibit the ability of their aircraft to conduct low altitude air ambulance operations. AWPC also stated that their powered-lift, the AW609, is able to operate in horizontal flight mode and reach the patient’s location faster than helicopters. However, AWPC expressed concerned that the proposed rule will prohibit the use of helicopter minimums, helicopter routes, or hospital helipads. Airbus Helicopters stated that some powered-lift designs are expected to perform emergency medical services and may have performance characteristics comparable to helicopters. According to Airbus Helicopters, the restrictive approach proposed in the NPRM could prevent the development of medical services with powered-lift that would have been otherwise beneficial for the public. Airbus Helicopters therefore proposed the FAA reconsider the proposed § 194.308(q). The FAA disagrees with GAMA’s recommendation to universally apply the helicopter VFR ceiling and visibility requirements for Class G airspace for HAA operations to powered-lift. Universally applying the helicopter minimums provided in § 135.609 to powered-lift when they are operating in the wing-borne flight mode during night operations would not provide the same level of safety required by the minimums specified for airplanes in § 135.203(a)(2). Applying higher nighttime minimums, as proposed in the NPRM, to powered-lift operating in wing-borne flight mode will maintain the safety margins already built into the regulations when a powered-lift is being PO 00000 Frm 00151 Fmt 4701 Sfmt 4700 92445 operated in a manner similar to an airplane. Based upon the comments received, the FAA reevaluated the requirements that were proposed in the NPRM and has added minimums based upon existing helicopter minimums. These new minimums will apply to a powered-lift being operated in the vertical-lift flight mode at night. When operating in the vertical-lift flight mode, much like a helicopter, a powered-lift will benefit from the increased maneuverability and the ability to conduct flight at slower speeds to include hovering. Therefore, the FAA will apply the helicopter minimums as provided for day and nighttime operations in § 135.609 when a powered-lift is operating in the verticallift flight mode. The daytime helicopter minimums for powered-lift operating in vertical-lift flight mode are the same minimums proposed in the NPRM. The nighttime minimums for powered-lift operating in vertical-lift flight mode are lower than what the FAA proposed, and they are the same minimums currently outlined for helicopters operating at night with an approved HTAWS under § 135.609(a). Since the flight characteristics are akin to helicopters, there should be no degradation of safety by allowing powered-lift to use the helicopter minimums when operating in the vertical-lift flight mode. The FAA will apply the minimums as proposed in the NPRM when the powered-lift is being operated in the wing-borne flight mode, which includes both daytime and nighttime ceiling and visibility minimums. These VFR ceiling and visibility requirements will provide the pilot the time and space to maneuver the powered-lift to avoid other aircraft, terrain, and obstacles. As mentioned in the NPRM, the intent behind the HAA rules is to ensure a higher level of safety for air ambulance operations because they are conducted under unique conditions. The below table outlines the amended ceiling and visibility requirements for powered-lift depending on the flight mode and whether the operations occur during the day or at night. As mentioned, the only change to the minimums that were proposed in the NPRM is the addition of the ceiling and visibility minimums for powered-lift operating at night in the vertical-lift flight mode, and those minimums reflect the current helicopter (with HTAWS) nighttime minimums under § 135.609(a). E:\FR\FM\21NOR2.SGM 21NOR2 92446 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 9—REVISED VFR AIR AMBULANCE MINIMUMS IN CLASS G AIRSPACE Day vertical-lift and wing-borne mode Night vertical-lift mode Night—wing-borne mode Location Ceiling (FT) lotter on DSK11XQN23PROD with RULES2 Non-mountainous Local Flying Areas .............................. Non-mountainous Non-Local Flying Areas ...................... Mountainous Local Flying Areas ..................................... Mountainous Non-Local Flying Areas .............................. The FAA adopts § 194.308(q) as revised and as § 194.306(qqq), due to renumbering. Section 135.611 sets forth requirements for HAA IFR operations at locations without weather reporting. The FAA proposed the applicability of this section in § 194.308(r). The provisions of § 135.611 are only available to certificate holders that are authorized to conduct IFR operations under subpart L and are authorized to conduct IFR air ambulance operations at airports with an instrument approach procedure and at which a weather report is not available from the U.S. National Weather Service (NWS), a source approved by the NWS, or a source approved by the FAA. That authorization will be subject to the provisions detailed in § 135.611 and is also available to powered-lift authorized to conduct air ambulance operations. The FAA received one comment on proposed § 194.308(r) from GAMA that supported the FAA’s proposal that a powered-lift conducting air ambulance operations can be authorized by the Administrator to conduct IFR helicopter air ambulance operations at airports with an instrument approach procedure and at which a weather report is not available from the U.S. National Weather Service (NWS), a source approved by the NWS, or a source approved by the FAA. Therefore, the FAA adopts § 194.308(r) as final, though due to renumbering, it is being adopted as § 194.306(rrr). Section 135.613 details the ceiling and visibility requirements for approach and departure IFR transitions for HAA operations. Section 135.613 establishes weather minimums for HAA that are using an instrument approach and are now transitioning to visual flight for landing. Section 135.613 also permits VFR to IFR transitions for departures if the pilot has filed an IFR flight plan, will obtain an IFR clearance within 3 NM of the departure location, and departs following an FAA-approved obstacle departure procedure. In § 194.308(s), the FAA proposed applying § 135.613 to powered-lift VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Visibility (SM) 800 800 800 1000 Ceiling (FT) 2 3 3 3 conducting operations in accordance with subpart L of part 135. The FAA received one comment on § 194.308(s) from GAMA, which recommended the FAA apply ICAO rules for helicopters for § 135.613. The FAA took this general comment into consideration when writing this final rule and made some changes throughout the SFAR to provide some flexibility to enable powered-lift to use helicopterbased requirements when they are operating in the vertical-lift flight mode. Section 135.613(a)(1) requires a flight visibility of 1 statute mile (SM) and a ceiling based upon the minimums published on the approach chart. This is applicable for Point-in-Space (PinS) Copter Instrument approaches that are annotated with a ‘‘Proceed VFR’’ segment, and the distance from the missed approach point to the landing area is 1 NM or less. The FAA proposed in § 194.308(s) that § 135.613(a)(1) only apply to powered-lift that are equipped and certified to conduct these PinS approaches. The FAA is not making changes from the proposed regulatory text in § 194.308(s) related to § 135.613(a)(1). Section 135.613(a)(2) has VFR ceiling and visibility requirements for helicopters when conducting instrument approaches to a landing area that is 3 NM or less away from the missed approach point. As stated in the NPRM, the FAA established more stringent VFR ceiling minimums for powered-lift because the minimums currently prescribed for helicopters in § 135.613(a)(2)(i) and (ii) would not allow a powered-lift to maintain an acceptable level of obstacle and cloud clearances when operating in the wingborne flight mode and conducting VFR transitions to landing areas. Therefore, the FAA will leave the VFR ceiling of 1,000 feet and visibility requirements of 2 NM for day operations and 1,500-foot ceiling and 3 NM visibility for night operations as proposed in the NPRM for powered-lift when they are operating in the wing-borne flight mode. The FAA has determined that, when the powered-lift is operating in the vertical-lift flight mode during the PO 00000 Frm 00152 Fmt 4701 Sfmt 4700 Visibility (SM) 800 1000 1000 1000 Ceiling (FT) 3 3 3 5 1500 1500 2500 2500 Visibility (SM) 3 3 3 5 visual transition from the approach to the landing area, helicopter minimums will be acceptable. Because a poweredlift will be flying like a helicopter when in the vertical-lift flight mode and operating at slower speeds, the aircraft is able to maneuver more like a helicopter. Therefore, in the final rule, the FAA will allow powered-lift that are operating in the vertical-lift flight mode to use the VFR ceiling and visibility minimums prescribed for helicopters in § 135.613(a)(2)(i) and (ii). Therefore, the FAA adopts § 194.308(s) as revised and as § 194.306(sss), due to renumbering. Section 135.613(b) provides two scenarios for transitions from VFR to IFR upon departure. The first scenario provided in § 135.613(b)(1) stipulates the VFR weather minimums providing the powered-lift follows an FAAapproved obstacle departure procedure, and an IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location. In these instances, the FAA proposed weather minimums for powered-lift of no less than 1000-foot ceiling with 2 statute miles visibility for day and no less than 1500-foot ceiling and 3 statute mile visibility for nighttime. The FAA will retain this requirement for those powered-lift operating in the wingborne flight mode. When the poweredlift is operating in the vertical-lift flight mode during the transition from VFR to IFR and meets the above requirements regarding an obstacle departure procedure and the 3 nautical mile distance from the departure location, then the VFR weather minimums for day operations will be no less than a 600-foot ceiling and 2 statute miles flight visibility, and for night operations, no less than a 600-foot ceiling and 3 statute miles flight visibility. In the second scenario for § 135.613(b)(2) if the departure does not meet the criteria relating to the obstacle departure procedure and is unable to obtain the IFR clearance within 3 NM from the departure location then the VFR weather minimums required for E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations powered-lift by the class of airspace apply. Therefore, the FAA is adding § 194.306(ttt) to ensure the weather minimums stipulated in § 194.306(sss) are captured dependent on the mode of flight. Section 135.615 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. Section 135.615(b) requires the pilot in command, while conducting VFR operations, to ensure that all terrain and obstacles along the route of flight are cleared vertically by no less than those prescribed in § 135.615(b). In proposed § 194.308(t), the FAA proposed applying § 135.615 to powered-lift conducting operations in accordance with subpart L of part 135 using the VFR minimum altitudes specified for airplanes in § 135.203(a)(1) and (2). The FAA received one comment on proposed § 194.308(t) from GAMA, who requested that the FAA allow poweredlift to use the helicopter minimums stipulated in § 135.615(b)(1) and (2). In the NPRM, the FAA noted that there are similarities between airplanes and powered-lift using wing-borne lift during the cruise portions of flight. In the proposed § 194.308(t), in order to comply with the en route altitude requirements of § 135.615(b)(1) and (2), a powered-lift conducting a VFR air ambulance operation must clear all terrain and obstacles along the route of flight vertically by the minimum altitudes and horizontal distances specified in § 135.203(a)(1) and (2). Similarly, the FAA proposed that the pilot in command of a powered-lift must use the minimum altitudes specified in § 135.203(a)(1) and (2) when making the determinations required by § 135.615(a)(3). In the final rule, the FAA will still require the pilot in command of a powered-lift to use the minimums specified in § 135.203(a)(1) and (2) for the VFR flight planning required by § 135.615(a) and for the enroute operations required by § 135.615(b) when the powered-lift will be operated enroute in the wing-borne flight mode. In consideration of the comments received, the FAA will now allow a powered-lift operated in the vertical-lift flight mode during enroute operations to use the minimums described in § 135.615(b). Powered-lift that will be operated in the vertical-lift flight mode during the enroute phase of flight will use the altitudes specified in VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 § 135.615(b) to determine the minimum required ceiling and visibility to conduct that planned flight as required by § 135.615(a). The FAA made this change because a powered-lift in the vertical-lift flight mode will be flying like a helicopter and operating at slower speeds thus enabling the powered-lift to maneuver more like a helicopter. Section 135.615(c) addresses the rerouting of the planned flight path, change in destination, or other changes to the planned flight that occur while the helicopter is on the ground at an intermediate stop. This occurrence requires an evaluation of the new route in accordance with § 135.615(a). In the NPRM, the FAA proposed this provision apply to powered-lift and adopts it as final. When the powered-lift is operated in the vertical-lift flight mode during the enroute phase of flight, when conducting the evaluation of the new route, the altitudes specified in § 135.615(b) will apply. However, when the powered-lift is operated in the wingborne flight mode during the enroute phase of flight, when conducting the evaluation of the new route, the altitudes specified in § 135.203(a)(1) and (2) will apply. Therefore, the FAA adopts § 194.308(t) as revised, but as a result of renumbering, it is now § 194.306(uuu). The FAA also proposed 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 received one comment on proposed § 194.308(u) from GAMA, which agreed with the FAA’s proposal to apply the pre-flight risk analysis requirements of § 135.617 to poweredlift conducting air ambulance operations. Therefore, the FAA adopts § 194.308(u) as final, though due to renumbering, it is being adopted as § 194.306(vvv). Section 135.619 requires a certificate holder who is authorized to conduct HAA operations with 10 or more helicopter air ambulances assigned to the certificate holder’s operations specifications to have an operations control center. The FAA proposed in § 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 § 135.619. PO 00000 Frm 00153 Fmt 4701 Sfmt 4700 92447 The FAA received one comment on proposed § 194.308(v) from GAMA, which agreed with the FAA’s proposal to apply the Operations control center requirements of § 135.619 operators utilizing powered-lift to conduct air ambulance operations. Therefore, the FAA adopts § 194.308(v) as final, though due to renumbering, it is being adopted as § 194.306(www). Section 135.621 stipulates the requirements for the briefing of medical personnel on HAA flights. The FAA proposed in § 194.308(w) to apply the briefing requirements contained in § 135.621 for medical personnel to air ambulance operations that occur in powered-lift. The FAA received one comment on proposed § 194.308(w) from GAMA, which agreed with the FAA’s proposal to apply the briefing of medical personnel requirements of § 135.621 to operators utilizing powered-lift to conduct air ambulance operations. Therefore, the FAA adopts § 194.308(w) as final, though due to renumbering, it is being adopted as § 194.306(xxx). E. Part 136 Rules for Powered-Lift In the Update to Air Carrier Definitions final rule, the FAA expanded the definitions and applicability of part 136 to accommodate powered-lift and to ensure that the stringent safety risk mitigations would apply to powered-lift that conduct commercial air tours.421 In the NPRM, the FAA proposed to apply certain part 136 requirements that are specific to helicopters to powered-lift. The FAA also took into consideration powered-lift may conduct commercial air tours in the wing-borne flight mode to address the risks associated with enabling the operation of commercial air tours in powered-lift. The FAA received six comments relating to part 136 with one commenter submitting two comments. Some comments were specific to the sections within part 136. Most comments broadly suggested the FAA follow ICAO Document 10103, Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors and apply the airplane rules. All commenters agreed the safety provisions of part 136 should also apply to powered-lift. GAMA recommended the FAA follow ICAO guidance and to read ‘‘helicopter’’ or ‘‘rotorcraft’’ as ‘‘powered-lift’’ or read ‘‘airplane’’ as ‘‘powered-lift’’ depending on the regulation. GAMA suggested the FAA should apply the relevant airplane 421 See Update to Air Carrier Definitions NPRM, 87 FR 75005 (Dec. 07, 2022). E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92448 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations version of the rule to §§ 136.9 and 136.11 and the relevant rotorcraft version of the rule to §§ 136.1 and 136.13. According to GAMA, certain powered-lift demonstrate the capability to glide in a manner similar to airplanes, therefore GAMA suggested the FAA take full advantage of the similarities to airplanes during overwater operations. CAE and ADS (a UK trade association) both stated that using the ICAO Document 10103 as a basis for poweredlift should be considered. For part 136 this would translate to using the airplane rules for overwater operations. NBAA submitted a group comment for AOPA/GAMA/HAI/NATA/NBAA/VFS which also stated the FAA should consider using the ICAO Document 10103 as a basis for powered-lift rule development. In response to these comments from GAMA, and CAE, ADS, and NBAA who also recommended the FAA follow the ICAO document 10103 in relation to part 136, the FAA notes that these recommendations did not provide any justification for following ICAO document 10103. This ICAO guidance acknowledges the operation of tilt-rotors closely aligns with that of helicopters and therefore states that ICAO Annex 6, Part III, Section 2, the helicopter provisions should apply most of the time. In some cases, the ICAO guidance recommends the use of Annex 6, Part I, which are provisions for airplanes. Flight over water is one example in which this guidance recommends airplane provisions. The FAA noted that no comments were provided relating to part 136 and features that may influence buoyancy or whether powered-lift will take on water or float for a longer period of time after ditching. The FAA does not have the historical data on these new aircraft designs to assert that the positive buoyancy characteristics and the potential to float for a longer period—characteristics of airplane designs—will exist in all powered-lift. Therefore, the FAA will not adopt the ICAO guidance across the board for powered-lift but will look at each regulation individually. In finalizing this rule, the FAA determined that creating a table for part 136 would maintain consistency throughout the SFAR operating rules for parts 91, 135, and 136. In addition, as already explained in the introduction to the operational rules, the FAA combined the airplane and rotorcraft provisions in parts 91 and 135 so that each section now only has one table instead of two. Similarly, the FAA has created a table to § 194.308 outlining both the airplane and rotorcraft provisions applicable to powered-lift VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 under part 136. As part of this revision, the FAA added paragraph § 194.308(a) reiterating that powered-lift must continue to comply with rules applicable to all aircraft under part 136. 1. Suitable Landing Area for Rotorcraft (§ 136.1) The term ‘‘suitable landing area for rotorcraft’’ is codified in § 136.1 as an area that provides the operator reasonable capability to land in an emergency without causing serious injury to persons. These suitable landing areas must be site-specific, designated by the operator, and accepted by the FAA.422 In the NPRM, the FAA proposed to apply § 136.1 to powered-lift in § 194.310(b)(1). Applying the definition for suitable landing areas for rotorcraft to poweredlift ensures powered-lift operators designate potential landing areas in advance of an operation. Designating potential landing areas reduces the risk of an accident because the PIC is aware of potential sites for emergency landings. The FAA expects operators conducting commercial air tours in powered-lift to designate a site-specific landing area that, when used, would not cause serious injury to persons. The FAA received one comment on proposed § 194.310(b)(1) from GAMA who agreed with FAA that powered-lift should be aligned with rotorcraft in § 136.1 and therefore adopts as proposed. As a result of renumbering, this is now codified under § 194.308(b). 2. Life Preservers for Over Water (§ 136.9) Section 136.9(a), which applies to powered-lift as written, requires the operator and PIC of commercial air tours over water beyond the shoreline to ensure each occupant is wearing a life preserver from before takeoff until the flight is no longer over water.423 Section 136.9(b) provides exceptions to this requirement when a life preserver is readily available and easily accessible to each occupant. Section 136.9(c) states no life preserver is required if the overwater operation is necessary only for takeoff or landing. In the NPRM, the FAA stated the exceptions in § 136.9(b)(1), (b)(3), and (c) apply to powered-lift as written. Section 136.9(b)(2) requires the operator and PIC of a commercial air tour over water beyond the shoreline to ensure that a life preserver for each occupant is readily available and easily accessible if the airplane is within power-off gliding distance to the 424 For a more detailed discussion on ‘‘critical change of thrust’’ see Section V.C.3 regarding § 135.168. 422 § 136.1. 423 § 136.9. PO 00000 Frm 00154 shoreline for the duration of the time that the flight is over water. In the NPRM, the FAA proposed in § 194.310(a)(1) to apply § 136.9(b)(2) to powered-lift when it is operating in the wing-borne flight mode within the power-off gliding distance to the shoreline. Therefore, when a poweredlift is operating in the wing-borne flight mode, life preservers only need to be readily available and easily accessible to each occupant. Conversely, when operating in vertical-lift mode, those life preservers must be worn by each occupant. The FAA received one comment on proposed § 194.310(a)(1) from GAMA, who agreed with the FAA that poweredlift should be aligned with airplanes in § 136.9(b)(2). The FAA therefore adopts § 194.310(a)(1) as proposed but, as a result of renumbering, it is now § 194.308(d)(1)(i). The FAA received a comment from Joby related to § 136.9(b)(3), which was not explicitly addressed in the NPRM because § 136.9(b)(3) already applies to aircraft in general, including poweredlift. Joby indicated the critical engine inoperative for multiengine aircraft does not apply to electric powered-lift. Joby also mentioned that electric poweredlift currently being developed may not have a single engine failure which would be critical for performance or handling qualities. Joby commented about the airworthiness criteria and design standards for electric poweredlift, mentioning they have adopted the concept of ‘‘critical loss of thrust,’’ which is specific to an aircraft and the electric propulsion system architecture being used. Therefore, Joby recommended adding ‘‘or critical loss of thrust for distributed electric propulsion systems’’ to § 136.9(b)(3) to better accommodate multi-engine aircraft with distributed electric propulsion systems. The FAA agrees with Joby that another term to capture aircraft that does not have a ‘‘critical engine’’ but may have other powerplants that could experience a loss of thrust impacting the aircraft’s ability to stay aloft needs to be addressed. The FAA addresses Joby’s comment in section VI.D.3 of this preamble.424 For the reasons previously discussed, the FAA will add ‘‘or while experiencing a critical change of thrust’’ under § 194.308(d)(1)(ii) in the final rule which will read, ‘‘Section 136.9(b)(3) applies to multiengine powered-lift that can be operated with the critical engine inoperative or while experiencing a critical change of thrust, at a weight that Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved Aircraft Flight Manual for that aircraft.’’ By adding this term to the SFAR, it will allow the exception for a life preserver to be readily available for its intended use and easily accessible to each occupant rather than requiring each occupant to wear a life preserver providing the powered-lift can meet the performance criteria discussed above. If a powered-lift cannot meet the performance criteria as discussed above or is not equipped with floats, then each occupant must wear a life preserver from before takeoff until the flight is no longer over water. The FAA did not include the term ‘‘distributed electric propulsion’’ as recommended by Joby because the FAA wanted this change to apply to all future propulsion systems that could experience a critical change of thrust, and not just those that are electrically driven. Joby also recommended, regarding § 136.9(b)(3), that the term aircraft be used in place of airplane and rotorcraft in reference to flight manual. That change was made in the Update to Air Carrier Definitions rule which was published July 26, 2023. As a result of the foregoing, the FAA adopts § 194.308(a)(1) as proposed, but as a result of renumbering it is now § 194.308(d)(1)(i). The FAA also adds § 194.308(d)(1)(ii), which adds the term ‘‘critical change of thrust’’ to § 136.9(b)(3) in response to Joby’s comment. 3. Rotorcraft Floats Over Water (§ 136.11) Section 136.11 permits single-engine rotorcraft in commercial air tours to operate over water beyond the shoreline only when they are equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching. Similarly, multiengine rotorcraft that cannot be operated with the critical engine inoperative at a weight that will allow it to climb at least 50 feet a minute at an altitude of 1,000 feet above the surface as provided in the AFM also must be equipped with fixed floats or an inflatable flotation system. Rotorcraft that are equipped with flotation systems must have an activation switch for that system on one of the primary flight controls, and the system must be armed when the rotorcraft is over water and flying at a speed that does not exceed the maximum speed prescribed in the AFM. These requirements, however, do not apply to operations over water during VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 92449 the takeoff and landing portions of flight, or to operations within the power-off gliding distance to the shoreline for the duration of the flight provided each occupant is wearing a life preserver from before takeoff until the aircraft is no longer over water.425 In the NPRM, the FAA proposed to apply § 136.11(a)(2), (b), and (c) to powered-lift that are conducting air tour operations in the vertical-lift flight mode beyond the auto-rotational distance or gliding distance from the shoreline. Requiring flotation equipment is a necessary requirement for mitigating the serious risks posed by engine failures over water for these aircraft. Joby commented on § 136.11 with a suggestion to add the term powered-lift alongside helicopter to the entire section except for § 136.11(a)(1), which is for single-engine rotorcraft. Joby also requested to add ‘‘critical loss of thrust for distributed electric propulsion systems’’ to § 136.11(a)(2) for the same reasons specified in their comment on § 136.9(b)(3). GAMA suggested § 136.11 would not need to be changed because the overwater requirements for powered-lift are covered by § 136.9. The FAA disagrees with GAMA. These two over water regulatory requirements are both necessary for powered-lift, as § 136.11 provides criteria for inflatable floats that is not found within § 136.9 (b)(1). Section 136.11 requires rotorcraft to install floats when used in commercial air tours over water beyond the shoreline unless it is a multi-engine aircraft that can meet the performance criteria to keep it out of the water. The same criteria are equally important for powered-lift. If the powered-lift is operating beyond the shoreline and cannot meet that performance criteria to keep it out of the water, then each occupant must wear a life preserver. Powered-lift, just like multiengine rotorcraft, that have the performance capability to keep the aircraft out of the water are not required to install floats. However, the operator or pilot in command of a commercial air tour over water beyond the shoreline must still ensure a life preserver is readily available and easily accessible to each occupant as required for all aircraft under § 136.9(b). Based on the information the FAA received during the comment period, the FAA decided to remove the reference to ‘‘vertical-lift flight mode’’ in § 194.310(b)(2) because powered-lift designs are still in the development phase and there is no operational data to support that most powered-lift designs will behave like an airplane in a ditching scenario regardless of the flight mode. One of the purposes of the SFAR is to gain knowledge such as this before a final rule is codified. The FAA also believes many of the powered-lift will have the performance capability to keep the aircraft out of the water and will therefore not be required to install floats. As a result, the FAA has removed reference to ‘‘vertical-lift flight mode’’ in § 194.308(d)(2). As discussed above, in the NPRM, the FAA proposed to apply § 136.11(a)(2), (b), and (c) to powered-lift that are conducting air tour operations beyond the ‘‘auto-rotational distance or gliding distance from the shoreline.’’ The FAA is removing this reference for three reasons. First, due to the removal of the reference to vertical-lift flight mode, the FAA determined the term ‘‘autorotational’’ is no longer required for § 194.308(d)(1) and (2). Second, in review of the National Air Tours Safety Standards final rule published February 13, 2007, the FAA used the term ‘‘gliding distance’’ with respect to helicopters and implied that the use of the term gliding was inclusive of an autorotation.426 Third, removing the reference ‘‘auto-rotational’’ will maintain consistency and avoid any confusion with the term ‘‘gliding’’ contained in § 136.11. As a result, the FAA has used the verbiage from § 136.11 stating that § 136.11(a), (b), and (c) apply to powered-lift ‘‘used in commercial air tours over water beyond the shoreline.’’ In addition, the exceptions under § 136.11(c) still apply—the exception under § 136.11(c)(2) would apply to poweredlift that meet those criteria, which includes both autorotating and gliding distance to the shoreline. In the NPRM, the FAA stated it would not apply the single-engine provision from § 136.11(a)(1) to powered-lift because all powered-lift coming to the market are currently multiengine, not single-engine. However, the FAA has reconsidered the decision to not apply § 136.11(a) to single-engine powered-lift because a single-engine powered-lift could be developed during the duration of the SFAR and should be equally covered by the safety provisions stipulated for rotorcraft in § 136.11(a). Without knowing whether a poweredlift will float for a longer period of time than a rotorcraft after ditching, the safety justifications to require floats be installed on single-engine powered-lift 425 See Update to Air Carrier Definitions NPRM, 87 FR 75004 (Dec. 07, 2022). 426 National Air Tours Safety Standards, final rule, 72 FR 6904 (Feb. 13, 2007). PO 00000 Frm 00155 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92450 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 are equal to those for single-engine rotorcraft used in commercial air tours over water beyond the shoreline. Therefore, the FAA will add poweredlift alongside rotorcraft in the SFAR and change § 194.310(b)(2) to meet the intent of § 136.11(a)(1). This new provision is codified at § 194.308(d)(2)(i). The FAA is making a change to the final regulatory text pertaining to § 136.11(a)(2). Joby’s comment on § 136.11(a)(2) is identical to their comment on § 136.9(b)(3), and therefore the FAA will incorporate the verbiage into SFAR § 194.308(d)(2)(ii) with minor revision to Joby’s proposal for § 136.11(a)(2) as discussed in the section regarding § 136.9(b)(3). As discussed in § 136.9(b)(3), the FAA will add the term ‘‘critical change of thrust’’ to § 194.308(d)(2)(ii). Adding this paragraph will ensure a powered-lift operating in commercial air tours over water beyond the shoreline must meet the performance requirements of § 136.11(a)(2) or be equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching. In their comment relating to § 136.11(b)(2), Joby also recommended that the term aircraft be used in place of airplane and rotorcraft in reference to flight manual. That change was made in the Update to Air Carrier Definitions rule which was published July 26, 2023. Therefore, the FAA adopts § 194.310(b)(2) with the changes referenced above; however, due to renumbering this provision is now § 194.308(d)(2). The FAA will add the provisions of § 136.11(a) to singleengine powered-lift under § 194.308(d)(2)(i), add the term ‘‘critical change of thrust’’ to § 194.308(d)(2)(ii), remove the provision that § 194.308(d)(2) is only applicable to powered-lift operating in the vertical-lift flight mode, and remove references to ‘‘auto-rotational or gliding distance’’ in § 194.308(d)(2). 4. Rotorcraft Performance Plans and Operations (§ 136.13) Section 136.13 requires operators using rotorcraft to develop a performance plan before each commercial air tour operation. These plans must be reviewed by the Pilot in Command (PIC) for accuracy and adhered to during flights. Such plans play a crucial role in mitigating risks by requiring the PIC to be prepared to respond to unexpected situations. Similar to rotorcraft, commercial air tour operators of powered-lift will likely take advantage of the vertical takeoff, out of ground effect hovering capabilities, and out of ground effect VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 slow flight capabilities of these aircraft while operating at speeds that may not exceed effective translational lift airspeed. Operating in this condition increases the exposure to the risk of not being able to perform a successful autorotation landing in the event of an engine failure. The FAA acknowledged that operating within the ‘‘avoid’’ zone of the height/velocity (H/V) diagram or the ‘‘avoidance area related to the transitions that may occur between the vertical-lift and wing-borne mode’’ decreases the ability to successfully perform an autorotation, or a safe landing following a critical change of thrust. Hence, operators must not just plan, but operate in alignment with the performance plan to ensure aviation safety. As a result, operators should be aware of H/V diagrams or the performance capability of their aircraft following a critical change of thrust. This will require a performance plan for commercial air tours that are conducted in powered-lift which have height velocity information or performance criteria with avoidance area information contained in the AFM related to the transitions that occur between the vertical-lift and wing-borne mode. The FAA received one comment from GAMA who agreed the provision of § 136.13 should apply to powered-lift. The FAA did not make any substantive changes to the proposed regulatory text. As a result, the FAA adopts § 194.310(b)(3), which requires a person to comply with the requirements specified for rotorcraft contained § 136.13, as final. As a result of renumbering, it is now § 194.308(d)(3). 5. Commercial Air Tours in Hawaii In the Update to Air Carrier Definitions final rule, the FAA amended the applicability and definitions that were contained in subpart A of part 136 and appendix A to include poweredlift.427 Additionally, the information contained in appendix A to part 136 was moved to subpart D of part 136. Subpart D of part 136 now contains the special operating rules for air tour operators in Hawaii.428 This subpart prescribes operating rules for air tour flights conducted in airplanes, poweredlift, or rotorcraft under VFR in the State of Hawaii pursuant to parts 91, 121, and 135.429 427 Update to Air Carrier Definitions final rule, 88 FR 48077 (July 26, 2023). 428 In the Update to Air Carrier Definitions final rule, the FAA recodified appendix A, which was previously SFAR No. 71, as subpart D of part 136. Update to Air Carrier Definitions, final rule, 88 FR 48078 (July 26, 2023). 429 Id. PO 00000 Frm 00156 Fmt 4701 Sfmt 4700 The FAA received one comment from GAMA relating to appendix A Special Operating Rules for State of Hawaii. They made a broad statement to apply either airplane or helicopter rules for powered-lift, including for appendix A, without any specifics. The FAA agrees with GAMA, as their broad statement is in line with the FAA’s general approach to integrating powered-lift into the regulations. As stated in the NPRM, for rules that are not generally applicable to aircraft, the FAA will apply the rotorcraft rules to powered-lift as contained in subpart D of part 136— Special Operating Rules for Air Tour Operators in the State of Hawaii. Flotation Equipment: Section 136.75(a) replaced section 3 of appendix A, as identified in the NPRM, and does not permit an air tour in Hawaii in a single-engine 430 rotorcraft beyond the shore of any island unless the rotorcraft is amphibious, equipped with floats adequate to accomplish a safe emergency ditching, and approved flotation gear is easily accessible for each occupant or each person on board the rotorcraft is wearing approved flotation gear. The FAA proposed to apply section 3 of appendix A (now § 136.75(a)) to powered-lift in § 194.310(b)(4)(i). Applying the requirement for flotation equipment would increase the likelihood of surviving in the event of a water landing. These requirements were created specifically for Hawaii due to the rugged terrain. The FAA determined that extending this requirement to all powered-lift operators conducting air tours in Hawaii beyond the shore of any island was appropriate because powered-lift will likely operate in a manner that is similar to rotorcraft when conducting air tour operations in Hawaii. The FAA did not receive any comments on SFAR 194.310(b)(4)(i). The only change the FAA is making to the proposed § 194.310(b)(4)(i) is that it now references § 136.75(a), rather than section 3 of Appendix A. The FAA adopts § 194.310(b)(4)(i) as amended, but as a result of renumbering, it is now § 194.308(d)(4). i. Performance Plan (§ 136.75(b)) Section 136.75(b) replaced section 4 of appendix A as identified in the NPRM and requires each rotorcraft operator to complete a performance plan that is based on the current approved AFM for that aircraft and the PIC must 430 See below for further discussion on the FAA permanently amending § 136.75(a) to refer to ‘‘single-engine’’ rotorcraft. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations comply with that plan.431 The performance plan must be based upon information contained in the AFM and must consider the maximum density altitude for the flight; maximum gross weight and center of gravity for hovering while in and out of ground effect; and the highest combination of weight, altitude, and temperature. Environmental conditions relevant to the altitude and temperature of the operation are critical considerations in ensuring safety of flight because both affect the performance of the aircraft. Operators’ performance plans would ensure operators’ awareness of how conditions could affect the flight; as a result, operators will be in a position to make appropriate contingency plans and make suitable decisions should they encounter hazards during an air tour operation. In the NPRM, the FAA proposed to apply section 4 of appendix A (now § 136.75(b)) to powered-lift in § 194.310(b)(4)(ii). Applying this performance plan requirement to operators of powered-lift conducting air tours in Hawaii would ensure the operator conducting the operation is aware of the necessary information concerning the aircraft and operation. In response to the one comment received from GAMA, noted above, the FAA did not make any changes to the proposed regulatory text. The only change the FAA is making to § 194.310(b)(4)(ii) is that it now references § 136.75(b), rather than section 4 of appendix A. The FAA adopts § 194.310(b)(4)(ii) as revised, but as a result of renumbering, it is now § 194.108(d)(5). Section 136.75(c) replaced section 5 of appendix A as identified in the NPRM and requires the PIC to operate at a combination of height and forward speed that would permit a safe landing in the event of engine power loss or a critical change of thrust in accordance with the height-speed envelope under current weight and aircraft altitude. In the NPRM, the FAA proposed to apply section 5 of appendix A (now § 136.75(c)) to powered-lift in § 194.310(b)(4)(iii). Applying the operational limitations for rotorcraft to powered-lift was determined to be appropriate because the FAA expects powered-lift will hover and have other operating characteristics like rotorcraft when conducting air tours. Because engine power loss or a critical change of thrust could have detrimental consequences, powered-lift may require quick landings in response to engine failures or critical changes of thrust. The 431 § 136.75(b). VerDate Sep<11>2014 FAA determined that requiring the PIC to operate the aircraft in a manner that permits the PIC to land safely was an appropriate means of mitigating the risk associated with engine power loss or critical changes of thrust. Overall, the proposal aims to ensure that poweredlift operations in commercial air tours adhere to safety standards equivalent to those established for rotorcraft in Hawaii. This extension was deemed appropriate given the similarities in operating profiles between powered-lift and rotorcraft during air tour operations in Hawaii. In response to the one comment received from GAMA as mentioned above, the FAA did not make any changes to the proposed regulatory text. However, to align with the new verbiage, critical change of thrust, associated with powered-lift and previously discussed in section VI.D.3. of this final rule, the FAA will add language to clarify that the term ‘‘critical change of thrust’’ is included after ‘‘in event of engine power loss’’ in § 136.75(c). The FAA is further amending § 194.310(b)(4)(iii) to refer to § 136.75(c), rather than section 5 of appendix A. As a result, the FAA adopts § 194.310(b)(4)(iii) as amended, but as a result of renumbering, these amendments are reflected in § 194.308(d)(6). ii. Permanent Rule Change for § 136.75(a) In the Update to Air Carrier Definitions rule, when appendix A was moved to subpart D and the term helicopter was changed to rotorcraft, a word was inadvertently omitted. As a result, the applicability of required flotation equipment was mistakenly expanded to all rotorcraft, instead of only single-engine rotorcraft. Therefore, the FAA will add the term ‘‘singleengine’’ ahead of ‘‘rotorcraft’’ as a permanent change in § 136.75(a) because the FAA never intended for this requirement to apply to all rotorcraft, but instead to only apply to singleengine rotorcraft. F. Part 43 Applicability to Powered-Lift Part 43 outlines maintenance, preventive maintenance, rebuilding, and alteration rules for any aircraft with U.S. airworthiness certificates; foreignregistered civil aircraft used in common carriage or carriage of mail under the provisions of part 121 or 135; and airframe, aircraft engines, propellers, appliances, and component parts of such aircraft.432 Aircraft operating under parts 91 or 135 must be 432 § 43.1. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00157 Fmt 4701 Sfmt 4700 92451 maintained and inspected in accordance with part 43. Section 43.3(h) states that the Administrator may approve a certificate holder, operating rotorcraft in a remote area under part 135, to allow a pilot to perform specific preventive maintenance items, under certain limitations, when no certificated mechanic is available and an unscheduled malfunction occurs. The FAA proposed in § 194.402(a) that the preventive maintenance protocols outlined in § 43.3(h) also apply to certificate holders under part 135 operating powered-lift in remote areas. A pilot who is trained under the requirements of § 43.3(h) would provide the same level of competency as a certificated mechanic when performing the authorized preventive maintenance function.433 The pilot is required to complete an FAA-approved training program and perform the specific preventive maintenance items under the direct control of the certificate holder’s preventive maintenance program. Some powered-lift pilots may operate in remote areas and would consequently experience the same challenges that exist for rotorcraft when an unscheduled malfunction occurs. The FAA did not receive any comments on § 43.3(h). Therefore, the FAA adopts § 194.402 as final and applies § 43.3(h) to powered-lift.434 The FAA also proposed to apply § 43.15(b) to powered-lift in § 194.402(b). Section 43.15(b) requires persons performing an inspection on a rotorcraft, as required by part 91, to inspect certain rotorcraft systems in accordance with the maintenance manual or Instructions for Continued Airworthiness.435 The systems listed under § 43.15(b) are generally considered systems comprised of ‘‘critical parts’’ as defined in §§ 27.602 and 29.602.436 However, these systems are specific to rotorcraft and may or may not apply to poweredlift. Powered-lift are new entrant aircraft, and as a result, the FAA did not 433 See Rotorcraft Regulatory Review Program Amendment No. 5; Operations and Maintenance, 51 FR 40692 at 40702 (Nov. 7, 1986). 434 The regulations under Title 14 of the Code of Federal Regulations that reference ‘‘aircraft’’ currently apply to powered-lift. Sections 43.2, 43.5, 43.10, 43.11, 43.12, 43.13, 43.17, and Appendix F to part 43 all apply to ‘‘aircraft,’’ and, accordingly, to powered-lift. See 14 CFR part 43. 435 § 43.15(b). 436 Sections 27.602 and 29.602 define a ‘‘critical part’’ as ‘‘a part, the failure of which could have a catastrophic effect upon the rotorcraft, and for which critical characteristics have been identified which must be controlled to ensure the required level of integrity.’’ The procedures referenced in §§ 27.602(b) and 29.602(b) will be addressed during the § 21.17(b) certification process. E:\FR\FM\21NOR2.SGM 21NOR2 92452 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 have the information to know all the systems on any given powered-lift that may be considered a critical part. The parts the powered-lift manufacturer identifies as ‘‘critical parts’’ for flight are required inspection items and must be listed in the aircraft manufacturer’s maintenance manual. In determining critical parts, the manufacturer must consider a flight safety-critical aircraft part list which, if nonconforming, missing, or degraded, could cause a catastrophic failure resulting in loss of, or serious damage to, the aircraft or an uncommanded engine shutdown resulting in an unsafe condition. The characteristic can be critical in terms of dimension, tolerance, finish, or material; an assembly, manufacturing, or inspection process; or an operation, maintenance, or overhaul requirement. For powered-lift with critical parts, a type design must include a critical parts list and define the critical design characteristics, identify processes that affect those characteristics, and identify the design change and process change controls necessary for showing compliance with the quality assurance requirements of part 21. Requiring a powered-lift critical parts inspection under § 194.402(b) will ensure that the owner or operator’s inspections comply with both § 43.15(b) as well as § 91.409, which requires aircraft inspections conducted in accordance with part 43 to obtain or keep an airworthiness certificate. The FAA did not receive any comments on the proposed § 194.402. Therefore, the FAA adopts § 194.402 as final and applies §§ 43.3(h) and 43.15(b) to powered-lift. G. Pilot Records Database Part 111 prescribes rules governing the use of the Pilot Records Database (PRD). The PRD facilitates the sharing of pilot records among air carriers and other operators in an electronic data system managed by the FAA. Part 111 requires air carriers, specific operators holding out to the public, entities conducting public aircraft operations, air tour operators, fractional ownerships, and corporate flight departments to enter relevant data on individuals employed as pilots into the PRD. The PRD is intended to help maintain records about a pilot’s performance with previous employers that could influence a future employer’s hiring decision. Section 111.1(b)(4) states that part 111 applies to an operator who operates two or more aircraft described in paragraphs (i) and (ii), solely pursuant to the general operating rules in part 91, or that operates aircraft pursuant to a Letter of Deviation Authority issued VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 under § 125.3. Paragraphs (i) and (ii) apply to standard airworthiness airplanes that require a type rating under § 61.31(a) and turbine-powered rotorcraft, respectively. In the NPRM, the FAA proposed permanently amending § 111.1(b)(4) to include a new paragraph (iii) that applies to large powered-lift. The FAA did not propose amending other paragraphs within § 111.1 because, as currently written, they already apply to operators of powered-lift. Pilots of large powered-lift may go on to work for an air carrier in the future, and reporting these pilot records would be relevant to a future hiring air carrier. This proposal aligns with the current requirements and intent of § 111.1(b)(4) and the type rating requirements in § 61.31(a). The FAA received one comment related to § 111.1(b)(4). A4A agreed with the FAA’s proposed amendment to § 111.1(b)(4), stating that obtaining information before a pilot is hired via the FAA’s PRD is necessary for safety. The FAA agrees with A4A that the PRD provides a crucial level of detailed information on pilots operating in the NAS. The PRD provides air carriers with pilot certificates, ratings and limitations, medical certificate information, failed attempts to pass a practical test, and accidents and incidents from the FAA, employment history from air carriers, and the date of request for motor vehicle driving records from the National Driver Register. In response to the comment received, the FAA did not make any changes to the proposed regulatory text. Therefore, the FAA adopts § 111.1(b)(4)(iii) as final. VII. Air Traffic Operations In the NPRM, the FAA proposed to leverage its existing standards and procedures for powered-lift air traffic operations. These standards and procedures encompass separation protocols managed by Air Traffic Control (ATC) to ensure safe and orderly air traffic flow. These standards vary based on factors like airspace classification and aircraft type. FAA Order JO 7110.65 details the air traffic separation standards and addresses separation standards and procedures for aircraft and helicopters differently. Factors like aircraft weight, wake turbulence, and radar distance influence separation standards, with ongoing monitoring to maintain safety. Currently, the FAA’s Air Traffic Organization is working to modify JO 7110.65, ensuring safe and efficient powered-lift operations in the National Airspace System (NAS). While updates to accommodate powered-lift are PO 00000 Frm 00158 Fmt 4701 Sfmt 4700 underway, ATC will leverage its existing standards for aircraft. Eve suggested the SFAR did not consider emerging technology and benefits of advanced traffic management services that will support operations coordination at scale. The FAA will not make any changes at this time. The FAA will use existing traffic management systems to support and manage powered-lift operations as necessary. However, the FAA may consider whether changes are appropriate as demand for powered-lift operations grows. One commenter asserted people on the ground should be protected from the unique risks posed by eVTOLs’ battery systems, which the commenter said are highly flammable. The commenter recommended considering flight routes for battery powered eVTOLs and said, if these aircraft operate over densely populated areas, they should follow railroads, highways, and street paths, rather than cutting across neighborhoods. Additionally, the commenter argued the flying public should be made aware ahead of time whether an eVTOL they intend to fly on as a passenger has a pilot on-board. The FAA did not make any changes to the proposed regulatory text and determined no additional rulemaking is necessary at this time to address air traffic procedures. As mentioned above, the FAA will use existing traffic management systems to support and manage powered-lift operations as necessary. In addition, these aircraft are required to be type certificated, including those used for carrying passengers, and thus required to meet the FAA’s expectations for safety and reliability. Today, one way the FAA helps protect persons and property on the ground with manned aviation is by using minimum safe altitudes which pilots must follow to help ensure the pilot has enough time to respond to an emergency. As discussed in section VI. of this preamble (‘‘Operational Rules for Powered-Lift’’), during this rulemaking, the FAA evaluated the current minimum safe altitudes to determine how they should apply to powered-lift. The FAA determined that some powered-lift have operating characteristics similar to helicopters in that they can land in a relatively small space and have the ability to autorotate (or perform an equivalent maneuver) with precision during power-out emergencies. If a powered-lift can meet the performance-based requirements outlined in the SFAR, it can use the minimum safe altitudes for helicopters with no adverse effect on safety. Powered-lift that cannot meet the E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 performance-based requirements will use the minimum safe altitudes outlined for aircraft other than helicopters. In regard to the suggestion that poweredlift operations alert passengers on whether a pilot is operating the aircraft, the powered-lift rule does not contemplate powered-lift operating without a pilot, and therefore does not address passenger-carrying operations without a pilot on board. VIII. International Operations for Powered-Lift The FAA’s policy is to meet the U.S. obligations under the Convention on International Civil Aviation (‘‘Chicago Convention’’) by conforming to the International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) to the maximum extent practicable. ICAO annexes contain the international SARPs for safety, regulation, and efficiency of air navigation. The Chicago Convention ensures that certificates of airworthiness, certificates of competency, and licenses are recognized by other Member States as long as the issuing States meet the minimum ICAO standards. The Member States’ Civil Aviation Authorities (CAAs) each integrate the ICAO SARPs into their national legal frameworks and practices and are responsible for regulatory oversight. When unable to integrate the ICAO SARP into their national legal framework, each ICAO Member State CAA is obligated to file a difference to that ICAO SARP and update their CAA’s Aeronautical Information Publication (AIP). When the FAA is notified that ICAO adopted a new standard which is impracticable to comply with in all respects of the standard or procedure, or to bring its own regulations or practices into full accord with any international standard, the FAA will notify ICAO of the differences between its own practice and that established by the international standard. As these aircraft obtain type certification, the FAA will amend, as appropriate, operational rules and pilot training requirements to support the varied designs being proposed by the manufacturers. Longer term, the agency will continue to develop permanent powered-lift regulations to safely enable powered-lift operations by working with industry and international partners. This process is performed in parallel to the FAA’s international partners’ efforts and in alignment with international safety requirements. This is an ongoing project and relies on data-gathering processes to develop more permanent regulations. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 A. Personnel Licensing Part 61 prescribes the requirements for the issuance of pilot, flight instructor, and ground instructor certificates, as well as the privileges and limitations of such. Similarly, ICAO Annex 1 provides SARPs for personnel licensing, including those for poweredlift ratings. Specifically, ICAO included a permissive transitional measure in ICAO Annex 1, providing ICAO member States a temporary recommendation for the issuance of a powered-lift type rating. In the transitional measures, section 2.1.1.4 states that a licensing authority may endorse a type rating for a powered-lift category on an existing airplane or helicopter pilot license (i.e., certificate). Should a licensing authority implement this endorsement, the endorsement must indicate the aircraft is part of the powered-lift category and must result from training during a course of approved training. Additionally, the training must consider previous experience in an airplane or helicopter, as appropriate, and incorporate all relevant operational aspects of a powered-lift. The FAA has chosen not to implement this permissive transitional measure as written, but rather require a powered-lift category rating in addition to a type rating for each make/model of aircraft. This is due to the wide range of powered-lift being developed that have complex and varied design, flight, and handling characteristics, making the establishment of classes within powered-lift not practicable at this time. Therefore, pilots with an airplane category or rotorcraft category helicopter class rating may transition and/or add a powered-lift category rating, hence providing a substantial pool of qualified candidates to staff the initial cadre of powered-lift pilots and instructors. This meets the standards in ICAO Annex 1 and establishes a path toward pilot certification with an equivalent level of safety by providing pilots training on the unique designs of powered-lift while leveraging those pilots’ prior experience and advanced training devices to create the first group of powered-lift pilots. These pilots will then go on to form the first instructors for subsequent applicants. Should the ICAO transitional measure become a standard in the future, the FAA will undertake measures to align with ICAO standards to the greatest extent practicable, which may include filing a difference. EASA stated that the FAA’s definition of ‘‘powered-lift’’ will not fit all innovative VTOL aircraft because they do not all have non-rotating airfoils to create lift during horizontal flight and PO 00000 Frm 00159 Fmt 4701 Sfmt 4700 92453 expressed concern regarding international harmonization efforts. The agency described its approach to certify innovative VTOL aircraft as a separate ‘‘VTOL-capable aircraft’’ category with a new, flexible regulatory framework for pilot licensing and operations of such aircraft. EASA invited the FAA to reconsider its own approach in the proposed SFAR, stating that European VTOL aircraft manufacturers view the powered-lift category rating requirement as an obstacle to achieving innovative VTOL aircraft operations. While EASA acknowledged that the FAA’s approach to powered-lift pilot licensing is comparable to the agency’s own approach in many respects, the principal difference is the powered-lift category rating requirement where, instead, EASA proposed alignment with § 2.1.1.4.437 The FAA received many comments on the decision to decline to implement ICAO’s transitional measure. These comments are summarized and addressed in section V.A. of this preamble, Establish a Type Rating Requirement for Persons Seeking to Act as PIC of Powered-Lift, of this preamble. The FAA is actively engaged with international certification authorities to define and align the certification requirements for Advanced Air Mobility. In addition to alignment with the ICAO Annexes, the FAA also maintains bilateral agreements, which cover innovative projects such as eVTOL aircraft. The FAA will continue to work with other foreign regulators to validate their eVTOL aircraft under development and to develop a path for U.S. eVTOL aircraft to be validated by them, especially with EASA, where aircraft certification and airman certification pathways may diverge. The level of new and innovative technology in an eVTOL aircraft is of course very high, so early partnerships and crossauthority communication to harmonize our approach for these technology areas are critical to our success. International engagement, collaboration, and harmonization are integral parts of our mission given the global nature of this industry when it comes to aviation 437 Additionally, EASA described that in CM– FCD–001, EASA proposed requiring each applicant for a Type Certificate (TC) of VTOL-capable aircraft carry out a gap analysis, or Training Needs Analysis (TNA), to develop a customized syllabus to be approved as part of the Operational Suitability Data: Flight Crew (OSD FC). EASA described that the TNA, conducted in coordination with the agency, would identify the elements of pilot type rating training and checking based on the specific characteristics of the aircraft and will be the foundation of the training syllabi. NBAA also emphasized the proposal in CM–FCD–001 as a means to qualify FAA airmen. E:\FR\FM\21NOR2.SGM 21NOR2 92454 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations safety. The FAA remains committed to improving the sharing of knowledge and information to advance global aviation safety—in other words, transparency. B. Operations of Aircraft lotter on DSK11XQN23PROD with RULES2 Under parts 91 and 135, while operating outside the United States,438 the FAA requires U.S. operators to comply with ICAO Annex 2, Rules of the Air. As a result, powered-lift operators that are type-certificated with a standard airworthiness certificate and conduct their operations in accordance with the standards outlined in Annex 2 would be eligible to operate over the high seas. The FAA’s approach to powered-lift operational requirements centered on determining which airplane-, helicopter-, or rotorcraftspecific rules apply to powered-lift and takes into account which flight mode, either vertical-lift or wing-borne flight mode, the aircraft will operate in during those operations. The FAA has determined this approach meets an equivalent level of safety with the current rules in parts 91 and 135 while allowing operational flexibility commensurate with the variable nature of powered-lift flight modes. Several commenters contended that the proposed SFAR does not fully align with ICAO SARPs. Commenters recommended the FAA revise the NPRM to apply helicopter altitude and weather minima for approach, departure, and landing; and revise the existing fuel reserve requirement to a performance-based standard for powered-lift to maintain an equivalent level of safety. Archer recommended clarifying the framework via ICAO Document 10103 ‘‘Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors.’’ A joint association letter from AIA, AUVSI, HAI, NATA, NBAA, and VFS encouraged the FAA to consider language in the Advanced Aviation Act 439 when adjudicating comments as well as considering the guidance found in ICAO Document 10103. 438 See § 91.703 for additional requirements for operations of civil aircraft of U.S. registry while conducting operations outside of the United States. 439 The Advanced Aviation Act ‘‘directs the DOT to redesignate the Office of NextGen as the Office of Advanced Aviation whose duties include the coordination of rulemaking and approval processes on manners relating to advanced aviation systems.’’ The bill also seeks to promote a practical pathway for pilot qualifications and operations, aligning those pathways with section 2.1.1.4 of ICAO Annex 1, adoption of recommendations in Document 10103, applying performance-based requirements for energy reserves, and consulting with the U.S. Air Force Agility Prime Program. Advanced Aviation Act, H.R. 220, 118th Congress. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 To achieve better alignment with ICAO standards, Joby suggested the FAA reverse proposed §§ 194.302 and 194.303, add ‘‘unless otherwise specified’’ to those proposed sections to allow flexibility, or regulate all powered-lift operations according to helicopter rules.440 AWPC, ADS, and GAMA suggested conforming with ICAO SARPs by including performancebased operational rules that account for the diverse operational capabilities of powered-lift. Commenters identified ICAO Document 10103 441 as providing a framework for harmonizing powered-lift standards. Joby, Supernal, AWPC, the NBAA, and L3Harris contended that the ICAO SARPs and ICAO Document 10103 were dismissed, misrepresented, or ignored by the FAA in the proposed SFAR. With regard to ICAO Document 10103, the NPRM acknowledged this document as providing ‘‘basic guidance relative to large turbine-powered tiltrotors (a kind of powered-lift),’’ 442 but determined that it does not address electric-powered tilt-rotors or other types of powered-lift. Joby disagreed with this assessment and asserted that the document does not solely apply to large turbine-powered tilt-rotors as the NPRM stated. Supernal and the NBAA argued that the document’s standards do not explicitly exclude electric propulsion and that there is no safety case made for the FAA’s conclusion confirming ICAO intended to exclude electric propulsion. The NBAA stated that other National Aviation Authorities (NAAs) seem prepared to follow the concepts of ICAO Document 10103. EASA, for example, utilized ICAO Document 10103 in consideration of rulemaking efforts related to air mobility. The commenters believe the rationale in the preamble is insufficient to support dismissal of Document 10103. AWPC argued that the FAA did not consider ICAO Standards and Recommended Practices in the proposed SFAR and its applicability to the AW609 Tiltrotor. AWPC noted throughout the SFAR that the FAA states it lacks sufficient operational data regarding powered-lift operations. The commenter disagreed because, with over 440 If applying helicopter rules to all powered-lift operations, Joby recommended addressing other relevant regulations with limitations in the Airplane Flight Manual (AFM). 441 Guidance on the Implementation of ICAO Standards and Recommended Practices for Tiltrotors (10103), International Civil Aviation Organization (2019). 442 Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes NPRM, 88 FR 39068 (June 14, 2023). PO 00000 Frm 00160 Fmt 4701 Sfmt 4700 700,000 large turbine powered tiltrotor flight hours, AWPC believed sufficient operational data exists for the FAA to review when evaluating the rules and regulations that should apply to the AW609 tiltrotor operations. CAE and NBAA stated that the NPRM’s proposal to adopt airplane rules for powered-lift (except where helicopter rules are more conservative) endangers harmonization efforts with ICAO member states, and that manufacturers and operators in states closely aligned with ICAO have less costly regulatory burdens while achieving the same safety goals. As mentioned above, CAE and the NBAA believed the FAA should consider ICAO Document 10103. CAE and the NBAA further stated that powered-lift aircraft should utilize helicopter fuel reserves, weather minimums and most other helicopter operational rules in parts 91, 135, and 136; however, because the aircraft can glide farther than rotorcraft and some are capable of high altitudes, airplane rules should apply for overwater operations and high-altitude oxygen requirements. Supernal recommended revision to the SFAR purporting that ICAO has adopted a helicopter-based requirement for vertical flight and aircraft for onwing flight. The commenter believes this approach aligns powered-lift with helicopter requirements in FAA operational rules in parts 91, 135, and 136. The commenter stated that the FAA’s proposal to align powered-lift more closely with airplane regulations creates unreasonable mandates for energy reserves, minimum safe altitudes, and weather minima. Supernal also stated that powered-lift perform with the same low speed and maneuverability as a helicopter and that the requirements should reflect these characteristics for takeoff and landing. Finally, Supernal commented that ICAO Guidance Document 10103 provides operational rule standards for poweredlift and that this guidance is the basis for the ICAO approach. ADS placed heavy emphasis on the harmonization of regulations in aligning with international standards, including the United Kingdom. ADS is the trade association for the United Kingdom’s aerospace, defense, security, and space industries. ADS asserted stakeholders will seek to export products to U.S. customers and therefore have a vested interest in the regulatory framework currently under review. ADS encourages the FAA to align with current guidance published in ICAO Doc 10103 because this would allow rules to be aligned with the aircraft type’s capabilities, whether airplane or helicopter. Finally, E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations ADS stated that the ICAO Guidance Document 10103 also supports the development of performance-based operational rules based on the specific performance characteristics of an aircraft. Ferrovial Vertiports stated the FAA approach deviates from the international standards for powered-lift pilot qualification and operations. According to the commenter, to remain globally competitive, the United States should align with the standards developed by ICAO regarding poweredlift and tilt-rotor aircraft and seek harmonization with trusted allies such as the EASA. In addition, HAI maintained the SFAR does not address the requirements of our bilateral safety agreements, particularly with the European Union. That agreement requires discussions between the FAA and EASA when each is contemplating regulations affecting design, production, or maintenance. L3Harris supported the FAA’s intention to use the SFAR as a bridge to permanent rulemaking and gathering data for future adjustments. However, this commenter stated that the proposed SFAR does not provide the necessary conditions to enable initial operations and the collection and sharing of performance data. L3Harris believes that alignment with the ICAO Document 10103 framework in the final rule would enable operators to collect and share data about the suitability of rotorcraft operational rules for powered-lift, adjust current standards, and accommodate the diverse range of vehicle types and performance within the powered-lift category effectively. L3Harris further proposed the SFAR should be reexamined by a permanent rulemaking effort as soon as practicable. The NBAA stated that using ICAO Document 10103 as a basis, powered-lift aircraft would utilize helicopter fuel reserves, weather minimums and most other helicopter operational rules in parts 91, 135, and 136; however, because the aircraft can glide farther than rotorcraft and some are capable of high altitudes, airplane rules would apply to overwater operations and highaltitude oxygen requirements. Supernal suggested revising existing fuel reserve requirements to a performance-based standard for powered-lift. In doing so, Supernal believes an equivalent level of safety can be maintained. Further, Supernal also requested the SFAR to apply helicopter altitude and weather minima for approach, departure, and landing. In the past, when the FAA has found that it lacks sufficient experience regarding new operations, the use of an VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 SFAR has been an effective way to gain such experience while enabling some degree of limited operations. Such SFARs have typically temporarily enacted conservative safety approaches to enable operations, allowing both the FAA and industry to observe those operations and then incorporate additional efficiencies while maintaining safety in a later permanent change to the regulations. The FAA acknowledges that AWPC has accomplished many flight hours while working toward the type certification of the AW609. However, there are many other powered-lift entering the market and the FAA notes that these rules are applicable to all powered-lift. Further, the FAA notes that ICAO Document 10103 sets forth basic guidance relative only to large turbine-powered tilt-rotors; however, this guidance does not address electricpowered tilt-rotors or other types of powered-lift. Additionally, the FAA reviews and evaluates training and operational suitability during an FSB in which AWPC will deliver its proposed type rating course to FAA FSB members for approval. ICAO Document 10103 addresses the fact that tilt-rotor aircraft are a class of powered-lift. This document also makes a note that the manual does not address other aircraft within the powered-lift category such as vectored-thrust or ducted fan. The FAA is aware and fully understands the nature of this document in that the recommendation is to replace the terminology in regard to other regulations specific to helicopters with that of tilt-rotor. Although ICAO at the time anticipated the document would be used as a basis for other civil-powered aircraft as they approach design maturity, the FAA’s position is that the tilt-rotor is a class of powered-lift, and a one-for-one swap of this terminology would not align in general terms with the intent in issuing a powered-lift category rating. Notwithstanding, the FAA has evaluated each specific operating rule and the safety intent provided. Specifically, in response to comments received, the FAA determined that an equivalent level of safety may be maintained in some instances by applying performance-based criteria with certain parameters under parts 91 and 135. These new requirements allow the use of some helicopter rules as long as the operator complies with the appropriate risk mitigations that are detailed in the final rule. Therefore, there is no longer a distinct dividing line between airplane or helicopter rules being applicable to powered-lift. This approach more fully aligns with the PO 00000 Frm 00161 Fmt 4701 Sfmt 4700 92455 ICAO Document 10103. While the FAA notes that the Document 10103 is guidance material—rather than international standards—the FAA believes the final rule addresses these comments and may consider these comments again in the future as empirical evidence and data are obtained through initial operations. Specific performance-based operating rules are outlined in the SFAR tables to §§ 194.302 and 194.306. C. Airworthiness of Aircraft ICAO Annex 8 does not address powered-lift airworthiness standards. Because ICAO has declared Annex 8 as constituting the minimum standards for the purpose of Article 33 of the Chicago Convention, it is not clear whether the lack of ICAO standards would result in States not recognizing another State’s airworthiness certificate for a poweredlift since no minimum international standards currently exist. Since publication of the NPRM, no revision of ICAO Annex 8 design standards for powered-lift has been initiated by ICAO. While ICAO Document 10103 provides basic guidance related to large turbinepowered tilt-rotors, the guidance does not address electric-powered tilt-rotors or other types of powered-lift at this time. Powered-lift are special class aircraft for FAA type certification. The FAA will apply airworthiness criteria that meet an equivalent level of safety to the existing airworthiness standards in § 21.17(b), which would be eligible for a standard airworthiness certificate under § 21.183. The FAA continues to hold that leveraging its existing standards through the process in § 21.17(b) meets the intent of ICAO Annex 8 since design standards for these aircraft currently do not exist. The FAA received no comments on the airworthiness standards for powered-lift as it relates to ICAO and international standards. IX. Advanced Air Mobility The FAA noted in the NPRM that powered-lift will support future deployment of advanced air mobility (AAM) operations and this rulemaking is a key step in integrating AAM into the national airspace. The AAM Coordination and Leadership Act defines ‘‘advanced air mobility’’ as ‘‘a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical takeoff and landing aircraft, in both controlled and uncontrolled E:\FR\FM\21NOR2.SGM 21NOR2 92456 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 airspace.’’ 443 The FAA Reauthorization Act of 2024 updated the definition to mean ‘‘a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.’’ 444 AAM includes transporting passengers in concentrated urban environments with electric Vertical Takeoff and Landing (eVTOL) aircraft. Many commenters suggested there are potential benefits of AAM, including increased transportation efficiency and environmental benefits, among others. A4A expressed its enthusiasm for the potential advancements in air transportation that AAM will bring and noted safety should be the highest priority for AAM oversight and integration in the aviation environment. A4A urged the FAA to adopt A4A’s recommendations 445 made in response to the DOT’s request for information on AAM strategy 446 and expressed its support for the proposed SFAR for powered-lift pilots, noting that it expects ‘‘for hire’’ operations will be regulated and certificated as air carriers conducting operations under part 135. The FAA’s research strategy is evolving to incorporate research needed to inform AAM integration, in alignment with the agency’s increasing focus on AAM. This AAM research strategy follows a crawl, walk, run approach. The crawl phase focuses on research to enable initial operations. The walk phase is characterized by research to support increased AAM operations and increased levels of automation. The run phase includes highly automated traffic management, remotely piloted and autonomous aircraft, and increased operational frequency. The FAA envisions a safe and efficient aviation transportation system that will use highly automated aircraft to transport passengers and/or cargo within urban areas. As it relates to powered-lift, the FAA’s research priorities regarding AAM and Urban Air Mobility focus on Air Carrier Operations—investigating and identifying the key differences between current air carrier operations and future AAM transport operations. As part of the powered-lift rulemaking effort, the FAA is modifying its 443 AAM Coordination and Leadership Act, Public Law 117–203 (Oct. 17, 2022). 444 FAA Reauthorization Act of 2024, Public Law 118–63 (May 16, 2024). 445 Airlines for America’s response to DOT–OST– 2023–0079. 446 Request for Information on Advanced Air Mobility, 88 FR 31593 (May 17, 2023). The DOT’s RFI was published to inform the national strategy required by the AAM Coordination and Leadership Act. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 regulatory approach for certifying operation of powered-lift as well as certification requirements for the pilots operating these types of vehicles. The change is part of the agency’s efforts to integrate new types of aircraft safely and efficiently into the NAS, while providing a simpler pathway for applicants to obtain the necessary FAA approvals. The agency is type certificating powered-lift under its special class aircraft process in § 21.17(b), using performance-based airworthiness standards contained in part 23 for normal category airplanes. The special class process is designed to address the many novel features of unique aircraft such as these emerging powered-lift designs. The FAA’s first powered-lift rulemaking effort for a specific manufacturer was published on November 8, 2022, and made available for public comment in the Federal Register,447 with a final document published on March 8, 2024. Using performance-based criteria enables the FAA to more effectively manage new concepts in new technology and innovation, including powered-lift. In addition, in this final rule, the FAA will implement certain performance-based regulations in parts 91 and 135 that will allow more operational flexibility for powered-lift. Supernal expressed concern about AAM access to the National Airspace System (NAS). According to the commenter, the NPRM’s principle that AAM operations cannot disrupt existing operations would significantly limit AAM access to the NAS, thereby creating a barrier to AAM operations. Supernal urged the agency not to wait to initiate ATC support for AAM in the NAS given the lead times associated with developing and implementing NAS-wide ATC capabilities. Currently, the FAA’s Air Traffic Organization and Aviation Safety Organization are working together to modify JO 7110.65, which details air traffic separation standards. While the FAA may determine that future changes to JO 7110.65 are needed to efficiently and safely integrate AAM into the NAS, ATC will continue to use its existing standards for integration of new aircraft into air traffic operations. An individual said that because eVTOLs are unprecedented in their level of connectivity within the aircraft in terms of linkages to controls and an electric powerplant, as well as the external environment, eVTOL pilots 447 Airworthiness Criteria: Special Class Airworthiness Criteria for the Joby Aero, Inc. Model JAS4–1 Powered-Lift, 89 89 FR 17230 (Mar. 8, 2024). PO 00000 Frm 00162 Fmt 4701 Sfmt 4700 should be certified for proficiency in cybersecurity. The commenter said areas for training should include preventing and detecting potential cyber incidents and cyber incident response management for all phases of flight. Another commenter stated that the FAA should consider cybersecurity issues, wireless communications issues, and regulatory challenges such as certification for autonomous systems and remote safety pilots. The FAA agrees that new technology utilized by eVTOLs presents unique and novel challenges regarding linkages to controls and electric powerplants. However, the FAA disagrees with the commenter’s assertion that pilot training should include the prevention, detection, and response management principles because cybersecurity is addressed in the aircraft design during type certification. The FAA further notes that cybersecurity prevention, detection, and mitigation is not typically a flight crew responsibility and is not an element of pilot training. Rather, cybersecurity is accomplished when the aircraft is designed and certificated, ensuring aircraft system(s) security, integrity, and availability of the data networks are not compromised. Several commenters suggested that alignment with ICAO standards and collaboration with the international community would enhance the FAA’s global leadership role in powered-lift and AAM more broadly. The FAA is actively engaged with international certification authorities to define and align the certification requirements for AAM. FAA bilateral agreements cover innovative projects such as eVTOL aircraft, and the FAA is working with other foreign regulators to validate their eVTOL aircraft under development and to develop a path for U.S. eVTOL aircraft to be validated by them. The level of new and innovative technology in an eVTOL aircraft is high, so early partnerships and cross-authority communication to harmonize the FAA’s approach for these technology areas are critical to the FAA’s success. International engagement, collaboration, and harmonization are integral parts of the FAA’s mission given the global nature of this industry when it comes to aviation safety. The FAA remains committed to improving the sharing of knowledge and information to advance global aviation safety and to advance technological advancements. Additionally, the FAA co-leads the Asia-Pacific Bilateral Partners (APAC) AAM Working Group (WG). The APAC AAM WG endeavors to improve understanding and collaboration on the certification of E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations In the NPRM, the FAA proposed to enable powered-lift operations on a temporary basis 448 through the adoption of an SFAR to supplement existing rules, create temporary alternatives for airman certification, remove operational barriers, and mitigate safety risks for powered-lift. The FAA proposed a duration of 10 years to facilitate industry’s entrance into operations and provide the FAA an opportunity to assess operations and gather data to inform a future permanent comprehensive regulatory scheme. Commenters generally supported the temporary adaptability of the SFAR. CAE and NBAA recommended the FAA either apply a shorter duration to the SFAR effective period or commit to revisiting on a more frequent basis of 2 or 3 years. Supernal similarly stated that, while the industry lacks sufficient safety data today, data will become available in the next few years. Supernal requested that the FAA revise the proposed regulation by creating a mechanism to allow for periodic reviews every 2 years, allowing industry to provide new safety data to support alternative means of compliance. Supernal argued that waiting 10 years before proposing updated rules for powered-lift would limit the ability of the AAM industry to mature and would compromise the FAA’s ability to maintain global leadership in this critical new sector of aviation. GAMA also suggested that the FAA revisit the proposed SFAR and take inventory of operational data at regular intervals, such as 2 years, in order to make the necessary refinements based on lessons learned during initial operations. Lilium and BETA recommended applying a performance-based approach in the SFAR. Lilium contended that a ‘‘one-size-fits-all’’ approach to poweredlift inadvertently stimies innovation. It recommended allowing discretion to approve alternate requirements by adding language like ‘‘unless authorized by the Administrator.’’ BETA said the SFAR should include provisions supporting performance-based requirements and provide a path for manufacturers and operators to share aircraft or training device performance data with the FAA. One commenter requested additional information pertaining to training and testing under requirements for poweredlift pilots, flight instructors, and examiners. Specifically, the commenter asked how the SFAR training and testing requirements would be different from existing airplane and helicopter pilots, flight instructors, and examiners. For example, the commenter seeks clarification on whether courses, modules, or hours of ground and flight training would be required, or whether certain written, oral, or practical tests would be required. The commenter suggested the FAA outline the specific content and format of training. One pilot expressed concern about whether the proposed SFAR was premature, in terms of its ability to adequately anticipate future poweredlift designs, which the pilot said could risk developing overly restrictive rules. As explained in the NPRM, the FAA considered several different factors when selecting 10 years as the appropriate duration for the SFAR. The FAA considered the time it will take to initiate operations after the adoption of a final rule, the number of powered-lift that will be type certificated and commercially viable when the final rule is effective, and the appropriate length of time to collect operational data and documentation to support permanent amendments to the FAA’s regulations. To balance the time necessary to inform a permanent rulemaking, facilitate powered-lift operations, and ensure the SFAR maintains its temporary nature, the FAA is adopting the 10-year effectivity duration, as proposed. In response to the commenters who recommended a shorter duration for the SFAR, the FAA notes that the 10-year duration does not prevent the FAA from making interim changes to the SFAR in the interest of safety. Similarly, the 10year duration does not preclude the FAA from amending the SFAR during the 10-year period by removing a regulatory burden on the powered-lift industry, provided the operational data collected demonstrates that safety is unaffected.449 As stated in § 194.107, the FAA may amend or rescind provisions of the SFAR as necessary. In response to the commenters who recommended the FAA revisit the SFAR every 2 to 3 years, the FAA recognizes the benefits of routinely evaluating the temporary regulatory framework in light of the operational data the FAA will 448 To enable a more comprehensive SFAR, the NPRM also proposed several limited permanent changes. 449 Similarly, the FAA may find it necessary to revise the SFAR to include additional requirements to mitigate an unanticipated safety risk. AAM. This includes promoting the use of a risk-based approach to ensure that the level of certification rigor reflects the level of safety risk presented by the design and operation of the product. lotter on DSK11XQN23PROD with RULES2 X. SFAR Framework and Duration VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00163 Fmt 4701 Sfmt 4700 92457 receive from industry. The FAA agrees that periodic reviews will be beneficial and necessary to ensure the regulatory framework adapts as powered-lift operations progress. However, the FAA does not require rule language to enable its periodic review of the SFAR. Maintaining flexibility in its ability to review the SFAR is beneficial and necessary for the following reasons. First, with such a nascent industry, it is unpredictable when formal reviews and subsequent revisions to the SFAR will be necessary, and codifying a review timeline diminishes the flexibility the FAA needs to ensure the regulations are appropriately adapting to changes in the powered-lift industry. The FAA may evaluate its regulations at any time it deems necessary or if an individual petitions for rulemaking or an exemption under 14 CFR part 11. FAA regulations at 14 CFR part 11.61 provide a mechanism for an individual or entity to petition for rulemaking or an exemption, thereby requiring the FAA to conduct a review of that request. Not codifying a review timeline allows the FAA to initiate its own internal review when it deems appropriate, and part 11 allows the public to request a rulemaking or exemption, requiring the FAA to further assess whether it should amend its regulations. Second, FAA believes that the approach required by section 955 of the FAA Reauthorization Act of 2024, will enable FAA to obtain necessary real world operational data to inform future rulemaking, on a reasonable timeline. Section 955 mandates that the FAA establish an aviation rulemaking committee (ARC) no later than three years after the FAA issues the first powered-lift commercial operating certificate to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the performance-based certification of powered-lift; the certification of airmen capable of serving as pilot-in-command of a powered-lift; and operation of powered-lift in commercial service and air transportation. In addition, section 955(d) requires the FAA to initiate a rulemaking no later than 270 days after the ARC submits its report to implement the findings and recommendations of the ARC, as determined appropriate by the Administrator.450 Not only does this language impose a timeline for establishing the ARC and subsequent rulemaking, it acknowledges that an ARC will first need real-world operational data from commercial powered-lift operations before it can 450 See E:\FR\FM\21NOR2.SGM Public Law 118–63, § 955(c) and (d). 21NOR2 lotter on DSK11XQN23PROD with RULES2 92458 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations provide informed recommendations for a permanent rulemaking. The FAA finds it impractical to impose rigid, codified timelines mandating periodic regulatory review when it is unclear when operational data and information will be available. Consequently, it is unnecessary to revise the proposed rule language, as Supernal requested, to create a mechanism to require the FAA to conduct periodic reviews every 2 years. As discussed above, the FAA intends to routinely revisit the SFAR as it gathers data from the powered-lift industry— and if it receives part 11 petitions—to evaluate whether adjustments to the SFAR are necessary. It is also committed to establishing an ARC in accordance with section 955(c) to determine what the permanent comprehensive regulatory framework should look like for powered-lift and to initiating a rulemaking in accordance with section 955(d). In response to Supernal’s assertion that waiting 10 years before proposing updated regulations for powered-lift would stifle the AAM industry and compromise the FAA’s ability to maintain global leadership in this new sector of aviation, the FAA clarifies that the 10-year duration for the effectivity of the SFAR does not mean that the FAA will not propose any updated regulations in the interim. As previously stated, the FAA may amend or rescind provisions of the SFAR as necessary. Thus, the FAA is not precluded from proposing updating regulations prior to the expiration of the SFAR. Additionally, the FAA intends to have permanent regulations in effect by the end of the 10-year SFAR duration, not simply begin the rulemaking process in 10 years (i.e., publication of an NPRM). However, the FAA maintains its position that it needs time to gather data from powered-lift in civilian operations to better inform permanent regulations for powered-lift. The FAA anticipates gathering data and information through (1) information collections; (2) regulatory requirements; (3) regular, formal, and informal interactions with the public, including conferences, datasharing systems, and outreach initiatives; (4) the ARC to be established in accordance with section 955(c) of the FAA Reauthorization Act; and (5) informal anecdotal information and observations. The delay in proposing permanent regulations for powered-lift will not stifle AAM innovation or compromise the FAA’s ability to maintain global leadership in this sector of aviation. Rather, the FAA is taking a regulatory approach that will enable the safe integration of powered-lift in the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 NAS and allow industry to evolve and innovate under a temporary regulatory framework. The temporary nature of the SFAR will provide FAA an opportunity to gain experience with powered-lift and learn what the permanent regulatory framework should look like for these operations through assessment of powered-lift operations, training, and certification to determine the most appropriate permanent regulations for this new category of aircraft.451 With regard to the potential prematurity of the SFAR, the FAA notes that the leading powered-lift manufacturers expect to receive initial type certification for their powered-lift in 2025. Thus, rulemaking is necessary to ensure the essential regulations are in place for the operation of these powered-lift. Further, when the FAA lacks sufficient experience regarding new operations, the use of an SFAR has been an effective way to gain such experience while enabling a degree of limited operations.452 If the FAA determines during the term of the SFAR that the SFAR imposes overly restrictive or conservative requirements on powered-lift, the FAA may amend requirements in the SFAR as necessary. A performance-based regulation is an ‘‘outcome-based’’ regulation that specifies the desired, measurable outcome to be achieved without prescribing the specific requirements to achieve that outcome. Thus, adding a provision that permits the FAA to authorize another means of complying with a prescriptive requirement does not make the underlying requirement ‘‘performance-based.’’ Because the FAA needs time to gain experience with powered-lift designs and operations, the FAA finds that it would be premature to develop a comprehensive performancebased regulatory scheme in the SFAR at this time. However, the FAA recognizes the importance of adopting requirements in the SFAR that allow for innovation and that enable the safe integration of powered-lift into the NAS. To that end, the FAA has evaluated its proposed requirements based on the comments received to determine where 451 The FAA further notes that other pathways remain available to industry to explore innovation. Powered-lift manufacturers and operators may petition for exemption if they develop new and novel approaches to address powered-lift issues. Any member of the public may also petition for rulemaking to request the FAA consider specific revisions or new regulations, as necessary. 452 For example, SFAR No. 29 allowed the FAA to obtain rotorcraft IFR operational data before issuing permanent rotorcraft IFR regulations. See FAA Study of Limited IFR Operations in Rotorcraft, 40 FR 2420 (Jan. 13, 1975) (SFAR No. 29); see also Limited IFR Operations of Rotorcraft, 41 FR 1060 (Jan. 6, 1976) (SFAR No. 29–1). PO 00000 Frm 00164 Fmt 4701 Sfmt 4700 it can add flexibility, performance-based elements, and alternate pathways, and it has added some performance-based criteria where appropriate. In response to the comments about providing a path for manufacturers and operators to share data with the FAA, the FAA finds that rule language is not necessary to enable this communication with industry. The FAA welcomes data from powered-lift manufacturers and operators during the course of the SFAR. For example, as OEMs continue to work through the type certification process in partnership with the FAA and interact with their certificate management teams, the FAA will naturally obtain data and information from the regulated community. To the extent commenters suggested applying performance-based regulations to specific sections of the SFAR (e.g., airman certification), these comments are adjudicated in their respective section. In response to the comment regarding outlining the content and format of training during the SFAR, the FAA notes that part 194, as adopted by this final rule, provides the training and testing requirements in tandem with the standing requirements in parts 61, 135, 141, and 142, as applicable. Specifically, an applicant for a certificate with powered-lift ratings will be required to comply with the basic training and testing requirements expected of, for instance, an applicant for a certificate with airplane ratings, with the exception of certain alternate requirements set forth by part 194. Course and module requirements were not specifically outlined in the SFAR, aside from the alternate experience requirements, because a training program would be required to comply with the part under which the training program is conducted (i.e., part 135, 141, or 142). Similarly, part 61 and part 194 will set forth the expected number of ground and flight training hours. Section V. of this preamble comprehensively describes the training and testing expectations for powered-lift airman certification.453 XI. Autonomous Powered-Lift As noted in the proposed rule, the FAA anticipates a variety of civilian powered-lift will come to the market with ‘‘varying degrees of 453 The FAA further notes that other pathways remain available to industry to explore innovation. Powered-lift manufacturers and operators may petition for exemption if they develop new and novel approaches to address powered-lift issues. Any member of the public may also petition for rulemaking to request the FAA consider specific revisions or new regulations, as necessary. E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations automation.’’ 454 Although the NPRM proposed requirements for pilot certification and operation of poweredlift, some commenters addressed autonomous powered-lift in response to the proposed SFAR. Sabrewing Aircraft Company (SACO) approved the NPRM’s general approach to powered-lift certification as applicable to manned operations but proposed that remote pilots who operate powered-lift that use auto-flight control systems and no manual flight controls should be exempt from the proposed requirements of a powered-lift pilot certificate. The commenter argued that, because these aircraft have no manual flight controls, demonstrated manual pilot proficiency should not be required. SACO also stated these vehicles would be operated in auto-pilot mode for all phases of flight with remote pilots using ‘‘push buttons’’ to change flight modes (takeoff, cruise, descent, etc.). The commenter proposed that these remote pilots should instead be required to, first, be familiar with IFR rules and procedures for rotorcraft operations during arrivals and departures and, second, possess at least a commercial certificate with any category rating and the corresponding instrument rating. One commenter suggested that waivers should be granted for autonomous cargo-only powered-lift flights conducted in remote offshore locations such as mining sites and offshore platforms. The commenter stated that operational risks are lower in these remote locations because there are few, if any, people or critical public infrastructure located in these areas, and the only conflicting air traffic is offshore helicopters at low altitudes. The commenter argued that relaxing regulatory requirements would—in addition to enhancing the efficiency of material transportation to remote locations—provide the FAA with early data to aid its decision-making processes and increase readiness for passenger flights on both crewed and uncrewed powered-lift. Lastly, the commenter noted issues requiring consideration before deploying autonomous powered-lift flights to these remote locations, including the need for some form of certification of safety pilots who would need to monitor and potentially take control of the aircraft. While industry may manufacture an unmanned powered-lift, this rulemaking is not addressing aircraft certification, airman certification, or operational 454 Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes NPRM, 88 FR 38947 (June 14, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements of such an aircraft and, thus, addressing pilot certification in this context is outside the scope of this rulemaking. Any UAS falling outside the requirements of part 107 would require exemptions and/or other FAA authorization to operate. A pilot stated that the NPRM either misunderstands or ignores the latest automated technologies, from sensorfusion to auto-flight, auto-landing, and auto-recovery systems that will render some of the SFAR requirements obsolete. The commenter recommended more thoroughly considering these automated technologies. Similarly, AUVSI expressed concern that an overly conservative application of legacy requirements to regulate fully electric highly autonomous aircraft will not promote safety or serve the AAM industry. Further, an individual stated that greater levels of autonomous controls and detection sensors will be necessary at some point to address saturation. The commenter emphasized that onboard and decentralized ground sources will initially be needed to augment controls, but that fixed routes and pilot or centralized ground control will not be necessary long term. The individual also raised the issue of cyber resiliency. The FAA did not propose any new or prescriptive aircraft certification procedures in relation to new technology because certificating powered-lift through the special class process allows the FAA to address the novel features of unique and nonconventional aircraft without the need for additional processes such as special conditions or exemptions that would be required if the FAA used the airworthiness standards already in place. Other commenters expressed concern that the proposed rule did not adequately consider automation and emerging technologies. AUVSI noted this concern and encouraged the FAA to acknowledge the safety benefits that automated systems can provide for powered-lift operations and training. Similarly, L3Harris stated that Simplified Vehicle Operations concepts will facilitate the safe certification, training, and entry into service of these aircraft. SAE International contended the level of automation across the various VTOL-capable aircraft in process requires a more flexible, performance-based approach to certification. FlightSafety International, Inc. requested the FAA clarify certain statements in the NPRM regarding SVO, to recognize that many powered-lift in design have SVO and to more accurately characterize new VTOL AAM aircraft coming to the civilian market. PO 00000 Frm 00165 Fmt 4701 Sfmt 4700 92459 The FAA recognizes that autonomous powered-lift may be developed for the market in the future and that a subsequent rulemaking addressing autonomous aircraft and their operations could be necessary. Notwithstanding, the FAA’s scope in this powered-lift SFAR only addresses piloted powered-lift. Because the comments are outside the scope of this rulemaking, the FAA did not amend the proposed regulatory text. Additionally, concerns regarding SVO requiring a more flexible, performance-based approach to pilot certification are adjudicated by virtue of the approach taken to ensure waiver of a certain task is possible in circumstances where a powered-lift is not capable of performing a certain task during the aircraft certification process as outlined in section V.H.1. of this preamble. Therefore, the FAA did not revise the proposed SFAR in response to these comments. XII. Comments to Regulatory Impact Analysis The FAA invited interested persons to participate in this rulemaking by submitting written comments, data, or views on the regulatory impact analysis for the proposal. Specifically, the FAA requested information and data that could be used to quantify the incremental benefits and costs of the finalized rule. The FAA also requested information on the assumptions and uncertainties discussed in the regulatory impact analysis. Presented below is a summary of those comments. Many commenters stated that the costs of the proposal could be as much as four times greater than what was presented in the regulatory impact analysis. The FAA thanks the commenters for their input and acknowledges not all costs of the proposed SFAR were monetized due to a lack of information to develop informed estimates. The FAA stated in the proposal that individuals and entities choosing to operate powered-lift would incur incremental costs to do so, but on a scale no greater than the costs imposed on individuals and entities choosing to operate airplanes and rotorcraft under existing regulations. The FAA concedes that the analysis of the proposal could have better emphasized that not all costs were monetized. For the analysis of the final rule, the FAA has incorporated information received during the notice and comment period and as a result has revised the monetization of the rule’s costs. A commenter stated it engaged NERA Economic Consulting to assist with E:\FR\FM\21NOR2.SGM 21NOR2 92460 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 estimating the total cost of the NPRM. The analysis concluded that the proposed rules would impose social costs of approximately $961.9 million over the 10-year regulation period. The estimate included $695.8 million attributable to the cost of full flight simulators (FFS) and associated infrastructure based on industry data indicating that each manufacturer would require six FFSs. The same analysis also concluded that the proposed 45-minute fuel reserve requirement would cost approximately $127.8 million due to disruptions in optimized charging cycles, leading to reduced battery life and more frequent battery replacement. The same commenter also provided information estimating the cost for manufacturers to provide dual-control aircraft for the purpose of training ($93.75 million over 10 years) and information for the number of individuals that would be required to operate the fleet of aircraft anticipated to enter the fleet over the 10year period of the SFAR. The FAA values the many comments submitted on the costs of the regulatory impact analysis for the proposed rule, and especially those comments containing information or data that can be used to monetize costs. Based on information received from one of the commenters the FAA has revised the regulatory impact analysis for the finalized rule to reflect the monetization of costs associated with the minimum fuel reserve requirement and the provision of dual-control aircraft for training. In addition, the forecast for pilots required to operate the poweredlift anticipated to enter the fleet has been revised upward.455 The same commenter also provided an estimate of costs for full flight simulators and the associated infrastructure to house them. The FAA notes the final rule provides three pathways for relief from costs for the provision of dual-control aircraft for the purpose of training. The costs for the alternative pathways are not included as this would create double-counting of costs for the SFAR and are not included in the costs of the final rule. The first pathway provides relief by allowing for flight training in an aircraft with a single-control accessible to two pilot stations. Without this relief, the dual controls requirement of § 91.109 is aircraft generic and would require dual controls in powered-lift when used for 455 The pilot forecast provided in the NPRM failed to account for operational redundancy due to leave (i.e., vacations, sick leave, training) and job turnover (i.e., retirements and pilots changing jobs). Accordingly, the FAA adjusted the forecast for the number of pilots that would be required to operate the powered-lift upward. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 flight instruction. Furthermore, a manufacturer needs to determine what markets or operations they want their aircraft to be used for (i.e., flight training for part 135 passenger carrying operations) and design their aircraft to meet the operational rule requirements for that operation or market. A single control accessible to two pilot stations would likely be less costly to design and build than a dual control configuration and therefore be a cost savings to an OEM. Furthermore, this provision relieves the manufacturer from the cost of developing and building an FFS to conduct flight training. The second pathway for relief is the allowance for 100 percent use of FFSs for the provision of training. The use of FFS for training can be advantageous compared to flight training in aircraft. For example, FFSs can be used for executing flight scenarios that typically do not occur in aircraft or for practicing emergency procedures that are likely too dangerous to accomplish in an aircraft.456 As well, access to FFSs can be available for as many as 24-hours per day. The third pathway for relief from the requirement that training be conducted in a dual-control aircraft is deviation authority. This pathway permits, based on future advancements in technology, the FAA to issue deviation authority to facilitate flight training in powered-lift with a single functioning flight control. One commenter stated that applying a discount factor to future year training costs was unnecessary because the costs are already based on present-day costs. The FAA notes that Federal agencies, including the FAA, follow guidance on the development of regulatory analysis provided by the Office of Management and Budget in Circular A–4.457 Circular A–4 requires estimated costs and benefits of rules to be presented in constant, undiscounted dollars, and using a present value discount rate.458 Discounting provides an accurate assessment of benefits and costs that 456 Several eVTOL manufacturers have contracted with part 142 certificate holders for the provision of pilot training. CAE reports it is working with Joby, Vertical Aerospace and BETA Technologies, while Flight Safety International is working with Lilium. Sources: www.ainonline.com/aviationnews/business-aviation/2023-03-01/trainingproviders-gear-aam-market; lilium.com/newsroomdetail/lilium-flight-safety-international-partnership. 457 OMB Circular A–4 (whitehouse.gov). The link provided is to the current version of Circular A–4. The current version was released after the proposed SFAR was published. The analysis for the finalized powered-lift SFAR uses applies the present value discount rates used in the proposed SFAR in order more easily assess the change in costs between the proposed and finalized SFAR. 458 Circular A–4 has been revised since publication of the proposed SFAR. PO 00000 Frm 00166 Fmt 4701 Sfmt 4700 occur at different points in time or over different time horizons. Some commenters stated the FAA did not accurately reflect the cost of flight time. One commenter stated the cost of the powered-lift category add-on for each pilot involved in the FSB should be included because this cost would be to meet a requirement in excess of the ICAO SARPs for pilot certification. In response, the FAA notes that while an FSB is typically established for large jet and propeller aircraft, the requirement for an FSB is not exclusive to these kinds of aircraft. Accordingly, the costs for the FAA to establish an FSB are not included in the regulatory impact analysis for this final rule because the requirement existed prior to this rule. Additionally, the FAA has taken into consideration the guidance outlined in ICAO Document 10103, specifically Annex 1, Chapter 2, Section 2.1—Personnel Licensing. The FAA will ensure a sufficient level of safety while considering these recommendations; however, the FAA will not implement these measures at this time. The FAA will undertake measures to align with ICAO standards, as practicable, at such time when ICAO’s recommendations become standards. One commenter stated that accounting for 10 days of training to obtain a category add-on and type rating was not sufficient and that it would take several months. The FAA appreciates the comment and understands why there may be confusion between what is already required by regulations versus new requirements because of this final rule. Prior to the final rule, regulations existed that prescribed the requirements for an individual to achieve a commercial pilot certificate with a powered-lift category rating. Since only the incremental costs of proposed rules are evaluated, only the cost of achieving the type rating is evaluated. Furthermore, the FAA further asserts that the SFAR provides relief to individuals seeking a powered-lift type rating by providing alternative pathways to certification. These alternative pathways allow for an airman that holds a commercial pilot certificate with either an airplane or rotorcraft rating to be eligible for a powered-lift type rating. Commenters stated that the regulatory impact analysis did not properly account for the resources and timeline implications associated with its implementation, as well as the impact of potential entry into service delays due to an unprecedented use of aircraft for pilot certification. One commenter contended that if the FAA proceeds with the notice and comment E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 rulemaking for each device’s Qualification Performance Standards, the RIA should be updated to reflect associated costs including opportunity costs of delayed entry-into-service. The FAA notes that, as discussed in section IV.C. of this preamble, this final rule will establish a streamlined process in accordance with new § 194.105(b) allowing an applicant of a powered-lift FSTD to forego the notice and comment period required for the proposed QPS if the FAA finds it is not in the public interest, or a prior opportunity to comment on a substantially identical proposed QPS has been provided. The FAA finds these regulatory exceptions will address commenters’ concerns about resources and timeliness in proposed QPS publication. Additionally, the FAA anticipates working collaboratively with the FSTD sponsor and/or manufacturer to develop the proposed QPS to preemptively address any comments or concerns the public may raise during the open comment period. Should a notice and comment process be required, the FAA intends to mirror the period of time necessary for notice, comment, and comment adjudication with that timing typically provided for in the certification of special classes of aircraft process. XIII. FAA Readiness Several commenters emphasized the importance of the FAA’s preparation in the implementation of this final rule. NATA stated that the FAA should ensure proper allocation of financial and human resources while maintaining adaptability without unnecessary delays. NATA recommended using a rulemaking committee that includes industry representatives, which it said could convene quickly and ensure powered-lift regulations achieve their objectives. Eve and GAMA expressed concerns about the FAA’s resource limitations and the agency’s ability to support the SFAR’s framework in a timely manner, specifically concerning pilot certification and training. Eve recommended the FAA assess how proper resources and personnel will be assigned to successfully implement the SFAR framework. Similarly, Supernal stated that the FAA must demonstrate that it has sufficient resources to oversee the airman qualifications and operations requirements. Supernal further stated that the effectiveness of the powered-lift rules would be greatly diminished if the FAA does not have the resources to support the airman qualifications and operations requirements for powered-lift operations. Supernal expressed VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 particular concern over the available pool of FAA pilots to support the number of AAM entities that will be completing the FSB approval process in the coming years. A rulemaking committee is typically formulated prior to the commencement of rulemaking to ensure industry representatives can provide recommendations to the agency. Upon initial publication of an SFAR, the FAA does not view standing up a rulemaking committee as a beneficial use of resources because the main task of a rulemaking committee— recommendations for a rule—will be complete. Instead, as commenters asserted, the FAA must prioritize providing proper, timely training and qualifications of its workforce, which inherently includes dialogue and information sharing between industry and the FAA necessary to standup a qualified workforce. However, as the SFAR matures, the FAA does not foreclose the possibility of the formation of a rulemaking committee to gather information and properly inform the follow-on permanent rulemaking. Specific to powered-lift, this process will ensure the FAA can utilize the realworld experiences from operators of powered-lift. The information gathered via operator experience and industry input will further inform the FAA’s subsequent rulemaking to codify powered-lift permanently in the rules. The FAA agrees that the proper allocation of resources to this issue is critical to the success of this SFAR and the powered-lift industry and that rule effectivity is largely dependent on the Agency’s ability to support implementation. AAM and powered-lift operations are part of the Administrator’s foremost priorities; accordingly, the FAA is allocating resources to ensure that industry has the tools and regulatory structure necessary to successfully initiate powered-lift certification and operations. Additionally, as it pertains to FAA pilots, this final rule adds FAA test pilots and ASIs into the population of pilots that may utilize the alternate experience requirements as set forth by part 194 to further develop a pool of fully certificated and rated powered-lift pilots. 92461 airfoil(s) for lift during horizontal flight.459 XIV. Definitions A. Definition of Powered-Lift One commenter stated the existing powered-lift definition does not specify whether the engine-driven lift devices or engine thrust must be variable or fixed. The commenter said this distinction could impact classification of some types of aircraft, citing the example of a tiltrotor aircraft that can vary its engine thrust between vertical and horizontal flight modes. The individual suggested that the FAA clarify this point in its final rule and provide examples of types of aircraft that qualify (or do not qualify) as powered-lift. Tiltrotors, as defined in § 36.1, are a subset of powered-lift. Aircraft that utilize fixed vertical rotors that provide the lift during hover and low speed flight combined with a wing and horizontally mounted propellers for cruise flight would also meet the definition of powered-lift. Additionally, aircraft with variable or vectored thrust, similar to the military AV–8 Harrier, would meet the definition of poweredlift. The FAA has no plans to change the part 1 powered-lift definition. See discussion on § 21.17(b) in this preamble. One commenter stated that the phrase used to classify powered-lift 460 was not fully vetted, resulting in other aircraft like the AV–8, F–35B, AW–609, and V– 280 being ‘‘roped into’’ the powered-lift category. The commenter also stated that the fourth axis controllers were not sufficient to warrant a separate classification. The individual suggested that a better definition would incorporate the control strategy employed by a pilot to command a desired flight path in the powered-lift definition. First, it is unclear what the commenter means by ‘‘classification;’’ although, the FAA interprets these comments to mean the FAA should reevaluate the powered-lift definition because of the noted characteristics of specific military or currently uncertificated aircraft. The commenter did not provide sufficient rationale for revising the definition. Furthermore, the FAA disagrees that the definition should include information pertaining to control strategies because aircraft In § 1.1, the FAA defines powered-lift as a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating 459 www.ecfr.gov/current/title-14/part-1/section1.1#p-1.1(Powered-lift). 460 See 14 CFR 1.1: ‘‘A heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on enginedriven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight.’’ PO 00000 Frm 00167 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92462 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations definitions are based on how the aircraft creates lift and moves through the air. Creating an aircraft definition that is based on how the pilot interacts with the aircraft would create a disconnect with the existing definitions and likely create overlap where aircraft could fall under multiple definitions. The definitions in part 1 are used for complying with regulations dealing with pilots’ qualification, operations, certification, and many others. Defining the aircraft types based on the piloting control aspects may make more sense for the pilot qualification requirements, but defining the aircraft in this way would not make sense for other aspects of operations, air traffic, and aircraft certification. Finally, the FAA believes the current definition of powered-lift (as stated in § 1.1) is specifically tailored to encompass the various types of aircraft envisioned as powered-lift, including some of the aircraft referenced by the above commenter, such as the AV–8, F– 35B, and AW–609, should those aircraft enter the civilian market. In fact, the FAA references some of these aircraft as specific examples of powered-lift.461 HAI stated that the definition of powered-lift does not consider current and future AAM aircraft like eVTOLs, which do not all depend upon ‘‘nonrotating airfoil(s) for lift during horizontal flight’’ and are therefore excluded. HAI said this is inconsistent with the NPRM’s intent to cover ‘‘aircraft configuration changes such as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift; or other means,’’ 462 when thrust vectoring and direct lift do not depend upon nonrotating airfoils for horizontal flight. The powered-lift definition does not exclude future AAM technology as it is agnostic to how propulsion is utilized to create lift, and the device that is used to generate the lift during vertical and horizontal flight is not prescribed. The definition does not exclude electric propulsion, vectored thrust, or other ‘‘non-conventional aircraft engines,’’ therefore allowing flexibility. The only types of VTOL aircraft that it would exclude would be aircraft that never transition onto a wing (or non-rotating airfoil as the definition says). These aircraft types would qualify as rotorcraft and other novel VTOL aircraft, according to the existing § 1.1 rotorcraft definition, which are not covered in the SFAR. One commenter in the process of developing a hybrid-electric multiengine part 23 airplane supported categorizing electric vertical take-off and 461 See 462 88 sections V.A, V.B, and V.J.3. FR 38952, June 14, 2023. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 landing (eVTOL) aircraft as ‘‘poweredlift’’ because it is consistent with the definitions in § 1.1 regarding poweredlift. The FAA agrees with the commenter and the definition of ‘‘powered-lift’’ under § 1.1. In recent years, rapid technological advancements in powered-lift have progressed across the industry, particularly with eVTOL aircraft. And powered-lift will be used to support the deployment of AAM operations, which the FAA anticipates will include eVTOL aircraft. B. Definition of Flight Modes One commenter sought clarification regarding the criteria that will be used to evaluate the speed at which a powered-lift can transition between flight modes and the associated definitions. The commenter also requested clarification on how poweredlift with faster transition time between modes of flight would be accounted for in the rule. The transitional speed between vertical-lift and wing-borne flight modes has no bearing on which class, as defined in § 1.1, will be assigned to a specific aircraft design during its certification process. The transition time between vertical-lift and wing-borne flight modes does not change the performance requirements established by the rules. An aircraft with greater performance capabilities is still required to meet the requirements stipulated in each applicable rule. EASA requested clarification on the definition of ‘‘horizontal lift’’ in the context of powered-lift operations. In the NPRM, the FAA incorrectly referred to ‘‘horizontal lift’’ when it was discussing part 136 operations.463 Instead, the FAA intended to use the term ‘‘horizontal flight’’ because it was referring to ‘‘wing-borne flight mode,’’ which the FAA defines as ‘‘a mode of flight . . . [that] depends exclusively or partially on nonrotating airfoil(s) for lift during takeoff, landing, or horizontal flight’’ (emphasis added). In the NPRM, the FAA explained the differences between wing-borne and vertical-lift flight modes.464 Specifically, the FAA explained that ‘‘wing-borne flight mode’’ refers to powered-lift that are operating like traditional airplanes 463 See 88 FR 38949 (June 14, 2023) (‘‘[T]he FAA applies operational requirements specific to helicopter operations within part 136 to poweredlift operations because the FAA expects poweredlift will hover . . . similarly to helicopters when conducting air tours, except when relying on horizontal lift.’’). 464 See Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes, NPRM, 88 FR 38946, 39026 (June 14, 2023). PO 00000 Frm 00168 Fmt 4701 Sfmt 4700 and ‘‘vertical-lift flight mode’’ refers to powered-lift that are operating like traditional rotorcraft. Although the FAA did not receive specific comments on how it defines these two flight modes, it did receive comments seeking clarification on how certain flight characteristics, such as transitions, would be classified. In addition, as part of the final rule, the FAA is providing more flexibility than originally proposed by promulgating some performance-based regulations. Clearly defined flight modes will help ensure these performance-based standards are implemented safely and that operators have a clear understanding of when they are in vertical-lift flight mode and when they are in wing-borne flight mode. Consequently, in order to provide additional clarity on these flight modes, the FAA has determined that codifying the flight modes language into definitions under § 194.103 is necessary. ‘‘Vertical-lift flight mode’’ is defined as ‘‘a mode of flight where a powered-lift: (1) is in a configuration that allows vertical takeoff, vertical landing, and low-speed flight; and (2) depends principally on engine-driven lift devices or engine thrust for lift.’’ As explained in the NPRM, this flight mode resembles the characteristics of rotorcraft operations. In addition, ‘‘wing-borne flight mode’’ is defined as ‘‘a mode of flight where a powered-lift is not operating in the vertical-lift flight mode as defined and depends exclusively or partially on nonrotating airfoil(s) for lift during takeoff, landing, or horizontal flight.’’ As explained in the NPRM, this flight mode largely resembles the characteristics of airplane operations. C. Definition of Heliport In the NPRM, the FAA proposed to update the definition of Heliport by adding the term ‘‘powered-lift’’ to ensure that powered-lift could utilize a heliport for takeoff and landing operations. In the NPRM, the FAA requested comments on the viability of powered-lift using heliports for takeoff and landing operations. The FAA did not receive any comments on this proposed change to the definition or on the viability of powered-lift using heliports. However, the FAA would like to clarify that adding the term ‘‘powered-lift’’ to the definition of heliport does not imply that all powered-lift would be capable of using heliports. In order for a powered-lift to use a heliport, that powered-lift must be capable of meeting or exceeding the performance requirements for helicopters with respect to their controllability and maneuverability. Additionally, the powered-lift cannot E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations exceed the size and weight limitations established for a particular heliport. Ferrovial Vertiports requested the powered-lift final rule align its terminology and attributes for eVTOL landing facilities with the FAA’s Office of Airports. Ferrovial stated that while the FAA conducts and gathers research to develop its performance-based Vertiport Advisory Circular, the FAA can adjust the SFAR to reflect the agency’s guidance documents on this subject. This will provide consistency across FAA documents and offer clarity to industry and government and community leaders as they seek direction in integrating vertiports into future projects. A vertiport is defined in the current FAA Vertiport Engineering Brief as an area of land, or a structure, used or intended to be used, for electric, hydrogen, and hybrid VTOL aircraft landings and takeoffs and includes associated buildings and facilities.465 In the future, the FAA may include this definition, or a definition consistent with it, in the SFAR or in the permanent powered-lift rule if it determines it is prudent to do so. Currently, there are varying powered-lift design concepts and performance characteristics, as well as diverse locations potentially needing vertiports. As a result, the FAA is conducting research in order to develop a performance-based standard for vertiports that will include performance classes for vertiport infrastructure with different design criteria. The performance classes will be based on the design characteristics and performance capabilities of differing VTOL aircraft groups. That standard is expected to be published in late 2025 in accordance with the results from the ongoing operational testing. lotter on DSK11XQN23PROD with RULES2 D. Definition of Autorotation An individual commenter noted that the NPRM stated some powered-lift could be capable of autorotation.466 The commenter asked if this was correct, given that autorotation is defined in § 1.1 as a rotorcraft flight condition. In response to the commenter, the FAA has determined that adding ‘‘powered-lift’’ to the definition of ‘‘autorotation’’ is appropriate to ensure that when a regulation mentions autorotation, powered-lift that are capable of that maneuver are included in the intent of the regulation. Therefore, the FAA has revised the definition of autorotation making it applicable to powered-lift. 465 FAA Engineering Brief No. 105, Vertiport Design at 11 (Sept. 21, 2022). 466 88 FR 39027 (June 14, 2023). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 XV. Other Comments Related to Powered-Lift A. Other Comments Related to Language or Definitions in the Powered-Lift NPRM HAI commented that the FAA’s approach to certifying powered-lift, as the FAA wrote in the NPRM, assumes ‘‘complex and unique design, flight, and handling characteristics.’’ However, HAI implied this assertion contradicts other comments because the NPRM also cited the benefits of powered-lift as being ‘‘easier to design, simpler to construct, [and] less complicated to maneuver.’’ Additionally, HAI cautioned that permanent changes to powered-lift made through the SFAR could make it difficult to remove or undo rules in the future. First, the FAA asserts the comments regarding design and operation are not mutually exclusive; rather, they offer commentary regarding the current state of the powered-lift industry and its potential. The special class aircraft certification process under § 21.17(b) allows for the full range of design and construction complexity and ensures each aircraft will include all relevant 14 CFR Subchapter C (Aircraft) criteria, as well as other equivalent criteria if appropriate, when it is certificated. Second, the FAA has remained committed to re-evaluating the SFAR when appropriate. The FAA will routinely revisit the powered-lift SFAR regulatory framework within the tenyear period as it obtains operational data to ensure it remains as effective as possible. An anonymous commenter asked what type of rating they would need to fly a Volocopter.467 The commenter opined that a Volocopter does not seem to meet the powered-lift definition under part 1 and that a pilot would not require anything beyond a helicopter rating because the Volocopter likely qualifies as a helicopter. The Volocopter is currently being worked as a concurrent certification project with the FAA and EASA. While specific questions about the type certification of the Volocopter are beyond the scope of this rulemaking, the FAA notes that, at this time, the Volocopter does not meet the definition of a powered-lift and, therefore, a pilot would not be required to hold powered-lift ratings on their certificate. Rather, a multicopter is considered a rotorcraft 468 and would 467 A Volocopter is an electric multirotor helicopter manufactured by a company of the same name. 468 A multicopter is a rotorcraft that can have more than one rotor providing lift. Although multicopters are helicopters by definition, multicopters differ from the conventional helicopter PO 00000 Frm 00169 Fmt 4701 Sfmt 4700 92463 require the applicable rotorcraft category and helicopter class ratings, with any additional training requirements determined during the FSB phase. B. Safety Systems or Procedures Not Addressed in the NPRM A commenter expressed concern that the proposal did not contain any information regarding an emergency in a total failure situation. The commenter urged implementation of a safety system for powered-lift vehicles that lack the ability to glide or auto-rotate in a total system failure scenario. The commenter attached a previously submitted request to update parachute type ratings in § 65.121 and emphasized the importance of aircraft mounted parachute systems for eVTOL vehicles. The FAA acknowledges that some powered-lift may lack an ability to glide or autorotate; however, during the aircraft certification process, as discussed in section IV.A. of this preamble, each aircraft will be evaluated against the existing airworthiness criteria to determine which rules will be applicable to that particular aircraft. The FAA is not requiring powered-lift to have a specific safety design feature, like a ballistic parachute, but instead will require the capability of a controlled emergency landing or an equivalent means to address the risks associated with certain failures like loss of power or thrust. In addition, it must be shown that any failure or combination of failures not shown to be extremely improbable must not result in a catastrophic event. Airbus Helicopters stated that in § 194.302(y)(2) the FAA proposed to apply requirements applicable to transport category airplanes to large powered-lift in the absence of a uniform transport category standard for powered-lift. The proposed rule includes the following text: ‘‘The lifeline required by § 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.’’ Airbus contends that an alternate path for compliance, similar to what is offered in § 91.509(b)(5), should also be available whenever a requirement that was developed for airplanes or helicopters of the normal or transport category is referred to in this SFAR. models originally considered during the 2004 rulemaking because the takeoff and landing are intended to be automated and not require extensive pilot training and skill. E:\FR\FM\21NOR2.SGM 21NOR2 92464 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations Although Airbus did not specifically identify regulations in which equivalent airworthiness standards should be considered, the FAA agrees that, in many cases, equivalent airworthiness criteria may be required to address unique features on powered-lift. As indicated throughout the NPRM, the FAA identified areas where specific airworthiness requirements required by operating rules may be met by other airworthiness criteria that the FAA has determined provide for an equivalent level of safety in accordance with § 21.17(b). One commenter inquired whether the FAA considers specific standards for the implementation of congested area data bases for the HTAWS requirements in the context of powered-lift integration. The obstacle and terrain databases include data for congested areas and will be the same for HTAWS. In addition, this subject is covered in TSO–C194 and Section 2 of RTCA DO– 309, which are incorporated by reference in this SFAR. These two documents will apply to HTAWS the same way they apply to helicopters. The SFAR sections addressing HTAWS are finalized at § 194.302(y) and (bbb) and § 194.306(s) and (ooo). lotter on DSK11XQN23PROD with RULES2 C. Other Comments Related to PoweredLift Design One commenter sought clarification on the expected proportional increase in surface area that some powered-lift or eVTOL aircraft may require to conduct a landing as compared to a helicopter when comparing similar passenger capacities. Given the current number of poweredlift/eVTOL aircraft configurations under consideration, there could be an increase in surface area of the landing facility required for certain powered-lift. The need for an increase in surface area of a given landing facility will be driven by the unique performance characteristics and design features of the controlling powered-lift that will utilize that facility. As mentioned in the ‘‘heliports’’ discussion in section XIV.C. of this preamble, in order for a poweredlift to use a heliport, that powered-lift must be capable of meeting or exceeding the performance requirements for helicopters with respect to their controllability and maneuverability. Additionally, the powered-lift cannot exceed the size and weight limitations established for a particular heliport. EASA said the SFAR’s approach lacks a cohesive link that explains how the aircraft certification approach is accounted for in operational limitations and airspace integration. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Part 1 includes definitions for different kinds of aircraft based on characteristics such as propulsion, flight, or landing. These aircraft definitions are then used for the purposes of determining the appropriate requirements for aircraft certification, pilot certification, and operational rule applicability.469 For instance, if an aircraft meets the definition of airplane, it must meet the airworthiness criteria set forth in parts 23 or 25 as applicable to airplanes. Powered-lift are type certificated as a special class aircraft, and the FAA will designate airworthiness requirements that match the safety levels of existing standards. Throughout the rules, the classification dictates how an aircraft is certificated, how a pilot is trained on operating that aircraft, how it is handled by air traffic control (ATC), how it is maintained, and how the FAA applies operating rules based on the aircraft in question. Currently, powered-lift are able to proceed through type certification and conduct limited operations in the NAS—they already do this for flight testing and primarily under experimental designations. Notwithstanding, the SFAR creates a clear pathway for pilot certification and for a wider range of powered-lift operations, including commercial operations. Finally, the SFAR clarifies how certain airworthiness criteria required under the operating rules apply in the powered-lift context. Specifically, if an operating regulation requires a specific airworthiness criterion under part 23, 25, 27, or 29, the FAA may determine that an alternate airworthiness criterion applies to a certain powered-lift in accordance with the process under § 21.17(b). Joby recommended the FAA include final rule preamble discussion clarifying that the FAA will consider detailed review of the aircraft, capabilities, existing systems and equipment, and operational use cases when making a determination about ‘‘unless otherwise authorized in the certificate holder’s approved minimum equipment list.’’ Powered-Lift MMELs will be treated no differently than any other aircraft with regard to MMELs. The current process takes into account all of Joby’s concerns. Proposed MMEL relief normally comes from manufacturers or operators. The entity that requests the relief is responsible for ‘‘submitting an evaluation plan to the FOEB Chair for acceptance. The evaluation plan should 469 Airplane means an engine-driven fixed-wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against its wings. See 14 CFR 1.1. PO 00000 Frm 00170 Fmt 4701 Sfmt 4700 consider all phases of flight operation and demonstrate that flight operations with the proposed item inoperative have an equivalent level of safety to flight with the item operative and considering the next most critical failure.’’ 470 Additionally, FAA Order 8900.1, Volume 8, Chapter 2, Section 3, Paragraph 8–67(C)(3) lists the justification information required to evaluate whether relief should be granted for an inoperative item. In addition to reviewing the justification items, the FOEB incorporates FAA MMEL policy letters and ensures the relief would not be contrary to § 91.213(b), which provides instruments and equipment excepted from a Minimum Equipment List. The equipment excepted from this requirement may not be instruments and equipment required by the airworthiness requirements under which the aircraft was type certificated for safe operations, instruments, and equipment required to be operational by an airworthiness directive pertaining to that particular aircraft, or any other instruments and equipment required by part 91. EASA, when considering the use of High Voltage for many of the new entrants, requested information on whether the FAA considers particular operational and/or design provisions to cater for the risk posed by electric hazards during and after an emergency entry into water. From the certification standpoint, the FAA is in the process of developing guidance pertaining to airworthiness criteria for ditching or emergency flotation for eVTOL powered-lift. Through the established process for type certification in accordance with § 21.17(b), applicants requesting a ditching or emergency flotation approval, the FAA would consider the risks associated with a water landing in an aircraft with a high voltage system when establishing the certification basis for that aircraft. The specific method on how a specific applicant complies with these requirements would then be documented in the means of compliance for each specific design approval. EASA also sought clarification on the expected buoyancy and demonstrated sea states that will apply to those powered-lift opting to install floats in order to mitigate for the inability to meet § 135.183 (a) or (c). Buoyancy and sea states are defined within aircraft certification (combination of regulation and guidance material) if a ditching 470 FAA Order 8900.1 Volume 8, Chapter 2, Section 3 Flight Operations Evaluation Board, D. The Formal FOEB Meeting (3) (a). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations approval is sought. If a powered-lift requested this approval, then the FAA would apply the appropriate airworthiness criteria from the existing airworthiness standards to meet the equivalent level of safety as required under § 21.17(b). D. Congressional Comments A U.S. Congressman said they sponsored a bipartisan amendment, which was unanimously passed by the House Transportation and Infrastructure Committee and incorporated into the 2023 FAA Reauthorization that passed the House of Representatives in July 2023. The Congressman suggested that the FAA consider this amendment and consult with the Department of Defense (DoD) on pilot qualifications before finalizing the SFAR. A joint association letter also recommended consulting the Secretary of Defense regarding the U.S. Air Force Agility Prime Program and powered-lift deployed for military purposes such as the F–35B. The FAA appreciates Congressional interest in the integration of poweredlift in the NAS. As discussed in section II of this preamble, the FAA has addressed requirements of section 955 of the FAA Reauthorization Act of 2024 into this final rule, including the provisions regarding pilot certification and performance-based energy reserve requirements. As discussed in section V.D.2. of this preamble, during this rulemaking, the FAA carefully considered DoD’s approach to pilot training and simulation. The FAA will continue to work with the DoD as powered-lift are integrated into the NAS and in future rulemaking activities. In addition to this rulemaking, the FAA has been engaged in a broader effort with the Department of Transportation as part of the AAM Interagency Working Group. The AAM IWG is a broad group of Federal departments and agencies, including DoD, whose mission is to foster leadership and interagency collaboration in the adoption and deployment of AAM. The FAA looks forward to continuing to learn from the Department of Defense about the use of, and research regarding, powered-lift. lotter on DSK11XQN23PROD with RULES2 XVI. Related Rulemakings To integrate powered-lift into the NAS, the FAA is engaging in a multistep process to update the regulations applicable to powered-lift. These rulemakings include: the Update to Air Carrier Definitions, Airman Certification Standards and Practical Test Standards for Airmen: Incorporation by Reference, VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 and Modernization of Special Airworthiness Certification. First, in the final rule Update to Air Carrier Definitions,471 the FAA added powered-lift to the definitions of five kinds of air carrier operations: commuter, domestic, flag, on-demand, and supplemental to the part 110 regulatory definitions. Specifically, the definitions in part 110 apply to all operations under 14 CFR chapter I, subchapter G, which includes parts 135 and 136, as well as to the part 119 air carrier and commercial operator certification requirements. Therefore, the rules and applicability sections in 14 CFR chapter 1, subchapter G, would include use of powered-lift in those kinds of operations. Amending these definitions along with other provisions of part 119 enables powered-lift to engage in operations consistent with the applicable statutory framework that applies to air carrier and commercial operations. Next, the Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference (ACS IBR) 472 revised certain part 61 regulations to incorporate the pilot certification testing standards by reference into the requirements for powered-lift pilot and flight instructor certification. As it pertains to poweredlift, the ACS IBR rule incorporated six powered-lift ACSs into part 61: (1) ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4) Instrument Rating—Powered-Lift, (5) Flight Instructor for Powered-Lift Category, and (6) Flight Instructor Instrument Powered-Lift. Most of the Powered-Lift ACSs were drafted based on input from industry and the ACS Working Group and align with the areas of operation promulgated by the regulations for the respective certificates and/or ratings. Finally, in the Modernization of Special Airworthiness Certification (MOSAIC) NPRM,473 the FAA proposed to amend rules for the manufacture, certification, operation, maintenance, and alteration of light-sport aircraft. Specifically, the current § 1.1 definition of light-sport aircraft excludes helicopters and powered-lift from being considered as light-sport aircraft. The FAA proposed to allow the airworthiness certification of rotorcraft 471 Final rule, Update to Air Carrier Definitions, 88 FR 48072 (July 28, 2023). 472 Final rule, Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference, 89 FR 22482 (April 1, 2024). 473 Modernization of Special Airworthiness Certification NPRM, 88 FR 47650 (July 24, 2023). PO 00000 Frm 00171 Fmt 4701 Sfmt 4700 92465 and powered-lift as light-sport category aircraft under § 21.190, provided these aircraft are certificated in accordance with the proposed performance-based requirements in part 22 using an FAAaccepted consensus standard as a means of compliance. SAE International, CAE, AOPA, and L3Harris Commercial Aviation cited the MOSAIC NPRM as a notable related rulemaking. These commenters suggested the FAA should align the powered-lift SFAR with the MOSAIC NPRM, which they said describes and accommodates the enhanced safety of simplified flight controls and the benefits of a performance-based approach to certification. The MOSAIC rulemaking is in the proposal phase, working toward final rule publication. Notwithstanding, the FAA is internally coordinating to ensure that the powered-lift SFAR and the MOSAIC rule do not conflict. Specific discussion pertaining to how this rule has coordinated with the MOSAIC rule can be found in section V.A. of this preamble, regarding type rating requirements, and section VI.B.1. of this preamble, regarding § 91.113, the rightof-way rules. CAE and NBAA referenced the Updating Manual Requirements to Accommodate Technology final rule which modernized regulations that require manuals to reflect improvements in technology. They recommended that the FAA revise the regulatory text regarding access to manuals to align with this final rule. The Updating Manual Requirements to Accommodate Technology final rule creates flexibility in allowing electronic display of manuals without a rigid form and formatting. The FAA’s position is that an operator may use Electronic Flight Bag (EFB) technology to meet the requirement for carrying the appropriate manuals while away from base.474 The powered-lift SFAR does not contravene the Manual Requirements final rule. In fact, an operator could apply for an authorization to use an EFB.475 Moreover, the powered-lift SFAR applies the current regulations to powered-lift operations. So, changes made within the regulations regarding manual requirements would also apply for powered-lift operators. XVII. Severability As discussed in section II. of this preamble, Congress authorized the FAA by statute to promote safe flight of civil aircraft in air commerce by prescribing, 474 See AC–120–76D Authorization for Use of Electronic Flight Bags. 475 88 FR 34437 (May 30, 2023). E:\FR\FM\21NOR2.SGM 21NOR2 92466 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations promoting safe flight of civil aircraft in air commerce. among other things, regulations and minimum standards for practices, methods, and procedures the Administrator finds necessary for safety in air commerce.476 Consistent with that mandate, the FAA promulgates the regulations described herein to facilitate the certification of powered-lift pilots and operation of powered-lift. However, the FAA recognized that certain provisions of this final rule approach operations and airman certification in unique ways due to the novel challenges presented with the integration of a new category of aircraft into the NAS. Therefore, the FAA has determined that various provisions of this SFAR are capable of operating independently of one another, are severable, and are able to operate functionally if severed from each other. In the event a court were to invalidate one or more of this final rule’s unique provisions, the remaining provisions should remain unaffected and in force to the extent those provisions maintain their intended effect without the severed provisions, thereby allowing the FAA to integrate the operation of powered-lift within its Congressionally authorized role of XVIII. Regulatory Notices and Analyses Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements. First, Executive Order 12866, Executive Order 13563, and Executive Order 14094 (‘‘Modernizing Regulatory Review’’), direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify the costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $183 million using the most current (2023) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this rule. The FAA has provided a detailed Regulatory Impact Analysis (RIA) in the docket for this rulemaking. In conducting these analyses, the FAA has determined that this rule: (1) will result in benefits that justify costs; (2) is a ‘‘significant regulatory action’’ as defined in section 3(f)(1) of Executive Order 12866 (as amended by Executive Order 14094); (3) will not create unnecessary obstacles to the foreign commerce of the United States; and (4) will not impose an unfunded mandate on State, local, or Tribal governments, or on the private sector. In accordance with OMB Circular A– 4 (at www.whitehouse.gov/omb/ circulars/), an accounting statement showing the classification of impacts associated with the rule is provided below. TABLE 10—OMB A–4 ACCOUNTING STATEMENT OMB A–4 Accounting Statement Category Primary estimate I Low estimate I High estimate I Dollar year I Discount rate (%) I Time horizon (years) Notes Benefits Annualized monetized benefits. Not Estimated Not Estimated Not Estimated N/A N/A N/A Annualized quantified, but non-monetized, benefits. N/A N/A N/A N/A N/A N/A Unquantified benefits ...... Mitigates Risk and Narrows Safety Gap—The SFAR establishes a regulatory structure that leverages airplane, helicopter, and rotorcraft rules to narrow a safety gap that would otherwise exist absent the rule. The powered-lift industry is nascent, and the timeframe in which commercial operations will become viable is unknown. A certain degree of operational growth is dependent on industry readiness once the regulatory framework is in place. Data Collection—For the duration of the SFAR, the FAA will gather data and information to evaluate the temporary requirements to determine the most appropriate permanent rulemaking path for powered-lift. The FAA anticipates gathering data and information through: (1) formal information collections; (2) regulatory requirements; (3) regular, formal and informal interactions with the public, including conferences, datasharing systems, and outreach initiatives; and (4) informal anecdotal information and observations. lotter on DSK11XQN23PROD with RULES2 Alternate Pathway to Pilot Certification—The SFAR introduces an alternate pathway for pilots to obtain powered-lift ratings on the commercial pilot certificates. 476 49 U.S.C. Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and Subpart iii, Section 44701, General Requirements; Section 44702, Issuance of Certificates; Section 44703, VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Airman Certificates; Section 44704, Type Certificates, Production Certificates, Airworthiness Certificates, and Design and Production Organization Certificates; Section 44705, Air Carrier PO 00000 Frm 00172 Fmt 4701 Sfmt 4700 Operating Certificates; and Section 44707, Examination and Rating of Air Agencies. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92467 TABLE 10—OMB A–4 ACCOUNTING STATEMENT—Continued OMB A–4 Accounting Statement Category Primary estimate I Low estimate I High estimate I Dollar year I Discount rate (%) I Time horizon (years) Notes Relief from the provision of dual-control a/c for training—The SFAR provides for three alternatives to accomplish training for aircraft that are not equipped with dual-controls, which are: (1) accomplishing training in a powered-lift equipped with a single functioning flight control accessible by both the student and instructor; (2) accomplishing 100% of training in a full flight simulator that is combined with in-aircraft solo aeronautical experience; and (3) FAA can issue deviation authority to facilitate flight training in powered-lift with a single functioning flight control based on future advancements in technology. Costs Annualized monetized costs: 2% PV. Annualized monetized costs: 3% PV. Annualized monetized costs: 7% PV. Annualized quantified, but non-monetized, costs. Unquantified costs .......... $101.8 $96.4 $107.6 2022 2 10 103.7 97.4 110.3 2022 3 10 110.9 101.1 121.70 2022 7 10 N/A N/A N/A N/A N/A N/A Equipage Requirements—The SFAR imposes equipage requirements which would add costs for entities manufacturing and/or operating powered-lift. These costs could include, but are not necessarily limited to, the purchase and installation of equipment, the decrease of aircraft performance due to added weight of required equipment, and the cost to perform required maintenance and repairs of equipment. The equipage requirements being imposed generally affect powered-lift with 6 or more seats for which 2 pilots are required, or for powered-lift with 10 or more seats. At present, there is only one powered-lift undergoing type certification that meets these requirements. Advanced Qualification Program—The FAA determined 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. The safety standard requires these kinds of operations to comply with subparts N and O of part 121, which are multiengine specific. At this time, the FAA is not revising part 121 to accommodate powered-lift as part 121 operations are not anticipated during the period of the SFAR. Thus, for these operations, the FAA will require certificate holders to comply with subpart Y of part 121. At present, there is only one powered-lift undergoing type certification that meets these requirements. Costs are incurred as powered-lift enter the fleet. For the high estimate, it is determined powered-lift deliveries start during the year of the SFAR’s publication. For the primary estimate and the low estimate, it is determined powered-lift enter the fleet in year 2 and 3, respectively. The costs imposed by the finalized rule provide for the integration of powered-lift into the NAS expeditiously without compromising safety. Generally, the rule mirrors requirements that are applicable to operators of airplanes and rotorcraft. Transfers Annualized transfers ....... From whom to whom? Not Applicable. Effects on State, local, or Tribal Govt. None. Miscellaneous lotter on DSK11XQN23PROD with RULES2 Effects on small businesses. Generally, entities affected by the rule are small, and the FAA does not anticipate that they will be negatively impacted by this rule. The introduction of powered-lift operations into the NAS is an emerging market, and the number of entities that will be impacted by this rule is uncertain. Effects on wages ............ None. Effects on growth ............ The rule puts a regulatory framework in place for the safe integration of powered-lift in the National Airspace System. A certain degree of operational growth is dependent on industry readiness. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00173 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92468 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations A. Summary of the Regulatory Impact Analysis 1. Data and Assumptions This Special Federal Aviation Regulation finalizes alternate eligibility requirements to safely certificate initial groups of powered-lift pilots, as well as determine which operating rules to apply to powered-lift on a temporary basis. This will enable the FAA to gather additional information to determine the most appropriate permanent rulemaking path for these aircraft. The analysis for the regulatory evaluation is based on the following assumptions and data sources. • The FAA uses a 10-year time period of analysis.477 The analysis uses 2022 constant dollars. Year 1 of the period of analysis, which would correlate with the effective date of the final, is used as the base year. • The analysis provides a range of costs from low to high. The FAA considers the primary estimate of costs to be the base scenario. • It is estimated that it would cost an individual approximately $22,124 to accomplish the training and testing required for a type rating.478 The FAA believes that in many circumstances this training and testing would be at the expense of entities utilizing powered-lift in its operations. • To forecast the number of pilots required to operate the powered-lift fleet, the FAA used a model published by the NBAA. The model estimates the number of pilots required to operate a fleet of aircraft.479 To account for pilot turnover, a rate of 8.9 percent, annually, is used.480 • The estimated battery life for an eVTOL is 1,600 hours.481 The cost per battery is $60,000.482 • It is estimated that 20 dual-control aircraft and 60 full flight simulators will be required for the provision of training at a cost of $3.9 million per dual-control aircraft and $10 million per full flight simulator.483 • Operational and maintenance rules under parts 43, 91, 97, 135, and 136 that are applicable to aircraft continue to be applicable to powered-lift because powered-lift meet the definition of an aircraft in § 1.1. Unless otherwise stipulated in this final rule, either the more conservative airplane-specific operational rules or those for rotorcraft/ helicopters will apply to powered-lift. Additionally, in some instances, performance-based alternatives and deviation provisions provide additional flexibility in the operational rules for powered-lift. • The FAA uses a two percent, three percent, and seven percent discount rate to quantify present value costs and cost savings.484 2. Summary of Individual Proposed and Finalized Regulatory Impacts The powered-lift currently undergoing the type certification process are comparatively different compared to the powered-lift proposed during the 1990s. Currently, manufacturers are proposing aircraft and operations that were not conceptualized in the 1997 rulemaking that introduced the powered-lift category of aircraft into the airmen certification rules. When airmen certification rules were introduced, it was the FAA’s intention to initiate further rulemakings to develop operational rules for powered-lift. However, these intentions never came to fruition. Without this rulemaking, civilian pilots will be unable to obtain powered-lift ratings necessary for industry to scale operations intended for these new and novel aircraft. Should type-certificated powered-lift become available before this rule is finalized, individuals holding an airman certificate with a powered-lift category rating would be permitted to act as PIC of powered-lift operations. Furthermore, if powered-lift were available for civil operations today, they would not be subject to operating rules that are specific to an aircraft category or class. Instead, the only rules that would apply are the part 91 and 135 rules that are specific to ‘‘aircraft.’’ Through this SFAR, the FAA provides operating rules applicable to poweredlift and a pathway for pilots to obtain powered-lift ratings through alternate aeronautical experience requirements and expanded logging provisions. The regulatory evaluation portion of this SFAR evaluates the economic impact of the amendments. The tables below provide an evaluation of the economic impact of the proposed rule and the final rule. The first table of the two replicates the amendments as proposed, and the second table summarizes only those amendments that have either been added or revised for the final rule. The tables are designed to quickly inform the reader of the changes and their resulting impacts. TABLE 11—SFAR—PROPOSED AMENDMENTS Section Part 43—Maintenance, Preventive Maintenance, Rebuilding, & Alterations. Proposed amendment Impact § 43.3(h) Persons authorized to perform maintenance, preventive maintenance, rebuilding, and alterations. § 43.15(b) Additional performance rules for inspections. lotter on DSK11XQN23PROD with RULES2 Part 91—General Operating and Flight Rules. § 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. 477 In addition, the FAA acknowledges uncertainty in estimating incremental impacts of this proposed rule since the FAA has yet to type certificate a powered-lift. 478 The estimated cost for this provision is detailed in the regulatory impact analysis prepared for this SFAR. 479 2016–01–nbaa–management–guide PDF (nbaa.org). See Figure 1.5 on page 1–18. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 480 www.ntsb.gov/news/events/Documents/ aviation_pro-Lovelace-NTSB-ProfessionalismForum.pdf. 481 www.sciencedirect.com/science/article/pii/ S2542435121002051. 482 aerospaceamerica.aiaa.org/features/faith-inbatteries/. 483 Source: NERA Economic Consulting—Expert Report of Christian M. Dippon, Ph.D. on behalf of PO 00000 Frm 00174 Fmt 4701 Sfmt 4700 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 powered-lift 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. Supernal. August 14, 2023. This report estimates 50 dual-control aircraft will be required for the provision of training over the ten-year period of the SFAR www.regulations.gov/comment/FAA-20231275-0062. 484 OMB Circular A–4, Regulatory Analysis (2003), www.whitehouse.gov/wp-content/uploads/ legacy_drupal_files/omb/circulars/A4/a-4.pdf. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92469 TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued Section Part 91—General Operating and Flight Rules. Part 91—General Operating and Flight Rules. Part 91—General Operating and Flight Rules. lotter on DSK11XQN23PROD with RULES2 Part 97—Standard Instrument Procedures. Part 135—Operating Requirements Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft. VerDate Sep<11>2014 18:53 Nov 20, 2024 Proposed amendment Impact § 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. § 91.126(c) Operating in Class G airspace—flap settings. § 91.129 Operations in Class D airspace—minimum altitudes. § 91.129 Operations in Class D airspace—departures. § 91.129 Operations in Class D airspace—noise abatement. § 97.3. Copter procedures. § 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. Jkt 265001 PO 00000 Frm 00175 Fmt 4701 Sfmt 4700 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. Imposes a regulatory burden on operators conducting powered-lift 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 powered-lift operations on a scale no greater than that imposed on like operators conducting operations with airplanes or rotorcraft. E:\FR\FM\21NOR2.SGM 21NOR2 92470 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued Section 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 61—Certification: Pilots, Flight Instructors, and Ground Instructors. Part 61—Certification: Pilots, Flight Instructors, and Ground Instructors. lotter on DSK11XQN23PROD with RULES2 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Proposed amendment Impact § 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-route limitations: Alternate airports. § 135.397 Small transport category airplanes performance operating limitations. § 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. § 61.31(a) Type rating requirements, additional training, and authorization reqts. § 61.109(e)(5) Aeronautical experience. 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. 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. Jkt 265001 PO 00000 Frm 00176 Fmt 4701 Sfmt 4700 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. 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. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92471 TABLE 11—SFAR—PROPOSED AMENDMENTS—Continued Section Proposed amendment Part 135—Operating Requirements Commuter and On-Demand Operations and Rules Governing Persons on Board Such Aircraft. § 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. Part 111—Pilot Records Database .... Part 136—Commercial Air Tours and National Parks Air Tour Management. Part 141—Flight Schools ................... Part 142—Training Centers ............... Impact § 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. § 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. The table below identifies only those amendments added or changed from the proposed SFAR to the final SFAR. The first column of the table identifies the affected part; the second column provides the section affected and a description of the change from the proposed rule to the final rule; lastly, the third column identifies the economic impact of the change. If a provision from the proposal is not listed in the table below, then the provision was finalized as proposed. In many instances, the finalized SFAR applies operating rules for helicopters in place of the more conservative airplane 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. 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. Provides relief to part 142 training centers conducting powered-lift training to allow instructors to meet the experience requirements of part 61 or hold the certificate. This allows lower hours to obtain certificate through the SFAR. 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. rules proposed by the SFAR for powered-lift as long as the powered-lift can meet the performance-based criteria outlined in the rule. This largely means that amendments as finalized by the SFAR still impose a burden to the various entities affected; however, the burden will be to a lesser degree. TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE Section Changes to provisions as proposed Part 1—Definitions and Abbreviations § 1.1 General definitions. Revises the definition of autorotation to include powered-lift. Definition is as follows: Autorotation means a rotorcraft or powered-lift flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft or powered-lift is in motion. § 91.113 Right-of-way-rules: Except water operations. Permanent amendment that was originally proposed as a temporary change for the duration of the SFAR. The language is updated to change the term ‘‘engine-driven aircraft’’ to ‘‘powered aircraft.’’ Powered-lift to use right-of-way rules designated for other powered aircraft (e.g., airplanes and rotorcraft). § 91.903 Policy and procedures. Adds any rule listed subpart J of part 91 as modified by subpart C of part 194 to those that the Administrator may issue a certificate of waiver authorizing the operation of aircraft in deviation from those rules § 135.100 Flight crewmember duties. Permanent technical amendment to provide the definition of ‘‘taxi’’ for purposes of § 135.100. Part 91—General Operating and Flight Rules. lotter on DSK11XQN23PROD with RULES2 Part 91—General Operating and Flight Rules. Part 135—Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00177 Fmt 4701 Sfmt 4700 Impact No economic impact. Imposes a regulatory burden on operators of powered-lift on a scale equivalent to costs imposed on operators of airplanes or rotorcraft. Provides relief from provisions proposed by SFAR. No economic impact. E:\FR\FM\21NOR2.SGM 21NOR2 92472 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued Section 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 136—Commercial Air Tours and National Pars Air Tour Management. Part 142—Training Centers ............... Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. lotter on DSK11XQN23PROD with RULES2 Part 194 ............................................. VerDate Sep<11>2014 18:53 Nov 20, 2024 Changes to provisions as proposed Impact § 135.165(d) Communication and navigation equipment: Extended overwater or IFR operations. Permanent amendment to reflect the current location of the definition for ‘‘commuter operation’’ (reference to the definition is updated from part 119 to part 110).485 § 135.339(e) Initial and transition training and checking: Check airmen (aircraft), check airmen (simulator). § 135.340(e) Initial and transition training and checking: Flight instructors (aircraft), flight instructors (simulator). Permanent amendment to allow for training in powered-lift that are not equipped with dual controls. § 136.75(a) Equipment and requirements. Permanent technical amendment to add the term ‘‘single-engine’’ in front of ‘‘rotorcraft.’’ FAA did not intend for this rule to apply to all rotorcraft. § 142.47 Training center instructor eligibility requirements. Certain provisions of § 142.47(a)(5) requires an instructor to meet specific aeronautical experience set forth in § 61.129 or §§ 61.159, 61.161, 61.163, as applicable. This final rule adds the qualification option of simply holding a commercial pilot certificate with the appropriate ratings or an unrestricted ATP with the appropriate ratings to account for those pilots who hold a certificate but may not meet the specific aeronautical experience requirements of part 61 due to decreased minimum experience requirements in part 141 and part 194. The FAA emphasizes that meeting the aeronautical experience requirements as currently required remains an option without holding the certificate itself, as well. Additionally, the final SFAR designates that the aeronautical experience requirements are applicable only to powered-lift weighing greater than 12,500 pounds or turbojet powered. (In the proposed SFAR, the aeronautical experience requirements were applicable powered-lift of all weight classes. § 194.103 Definitions. Amends § 194.103 to add the following definitions: Aviation safety inspector; FAA test pilot; vertical-lift flight mode, and wing-borne flight mode. § 194.203 Alternate qualification requirements for certain flight instructors. Amended to add FAA safety inspectors and FAA test pilots to the initial cadre of individuals eligible to receive training from an instructor pilot at a powered-lift manufacturer that does not hold a flight instructor certificate under part 61. § 194.209 Additional qualification requirements for certain pilots serving as second-in-command. Amended to allows for an applicant receiving training under §§ 194.221, 194.223, 194.229, and 194.231 to serve as second-in-command in a powered-lift type certificated for more than one required pilot flight crewmember while not otherwise meeting the requirements of § 61.55(a)(1) (a)(2) and (b)(2). (e.g., airplanes and rotorcraft). § 194.213 Alternate endorsement requirements for certain persons seeking a powered-lift rating. Adds instructor pilots for manufacturers of experimental powered-lift, FAA test pilots, and FAA aviation safety inspectors to those persons that may provide the required logbook or training record endorsements under parts 61 and 194 for a commercial pilot certificate with a powered-lift category, instrument, or type rating, or for a flight instructor certificate with powered-lift rating. New § 194.216 Alternate aeronautical experience pilot-in-command flight time in a powered-lift for a commercial pilot certificate with a powered-lift category rating. This new amendment allows all pilots to use the FFS credit (not just those pilots training under an approved training program) as provided for in the proposal for this rulemaking. § 194.217 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. Adds FAA test pilots and FAA aviation safety inspectors to those applicants that may use alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift ratings. § 194.219 Instructor pilots: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. Adds FAA test pilots and FAA safety inspectors to those persons that can receive the manufacturer’s training curriculum from instructor pilots for experimental powered-lift manufacturers. Adds FAA test pilots and FAA safety inspectors to the group of individuals that allow an instructor pilot to log PIC time in an experimental powered-lift. Jkt 265001 PO 00000 Frm 00178 Fmt 4701 Sfmt 4700 No economic impact. Provides relief from proposed SFAR. In the Update to Air Carrier Definitions rule, when appendix A was moved to subpart D ‘‘single-engine’’ was inadvertently omitted. As a result, the applicability of required flotation equipment was mistakenly expanded to all rotorcraft, instead of only single-engine rotorcraft. Provides relief from existing regulations allowing aeronautical experience or a commercial certificate in place of aeronautical experiencer set forth in § 61.129 or §§ 61.159, 61.161, 61.163. No economic impact. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92473 TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued Section Changes to provisions as proposed Impact Part 194 ............................................. § 194.221 Initial cadre of instructors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. Reduces the number of hours an applicant for a commercial pilot certificate with a powered-lift category rating is required to log as pilot-incommand for the purpose of satisfying aeronautical experience requirements from 40 hours to 25 hours when the pilot is the sole manipulator of the controls of a powered-lift for which the pilot is not rated, provided: (1) The applicant is manipulating the controls of the powered-lift with a person onboard who serves as an instructor pilot for the manufacturer; (2) The applicant is performing the duties of pilot-in-command; and (3) The flight is conducted in accordance with the manufacturer’s powered-lift training curriculum. § 194.223 Pilots receiving training under an approved training program: Alternate requirements for a commercial pilot certificate with a powered-lift category rating. Reduces the number of hours an applicant for a commercial pilot certificate with a powered-lift category rating is required to log as pilot-incommand time toward § 61.129(e)(2)(i) from 40 hours to 25 hours when the applicant is the sole manipulator of the controls of a powered-lift for which the pilot is not rated. § 194.225 Test pilots, FAA test pilots, and aviation safety inspectors: Alternate aeronautical experience and logging requirements for an instrument powered-lift rating. Adds FAA test pilots and FAA aviation safety inspectors to those eligible for relief with regard to alternate aeronautical experience and logging requirements for an instrument powered-lift rating. New § 194.238 Alternate aeronautical experience: Airline transport pilot certificate with a powered-lift category rating. Provides for alternative aeronautical experience requirements for an airline transport pilot certificate with a powered-lift category rating given certain conditions. New § 194.243 Pilot certification through completion of training, testing, and checking part 135 of this chapter. Provides retraining and endorsement requirements for instances when a pilot fails a part 135 competency or proficiency check (.293/.297) also being to add commercial/instrument/ATP/Type certification concurrently with the check. New § 194.253 Alternate requirements for powered-lift without fully functional dual controls used in flight training. Allows powered-lift without fully functional dual controls to be used for flight training provided the primary flight controls are instantly accessible by both the applicant and the instructor. Additionally, a person may apply for a powered-lift category rating, type rating, and instrument powered-lift rating for a powered-lift with single controls under an approved part 135, 141, or 142 training program by meeting the part 61 requirements or corresponding alternate requirement set forth by part 194. § 194.301 Applicability. Provides clarification that sections or paragraphs within sections under parts 91 and 135 that refer to specific categories of aircraft, and that are not referenced in the SFAR tables to § 194.302 or § 194.306, do not apply to powered-lift. § 91.119 Minimum safe altitudes: General. Provides for a performance-based rule allowing powered-lift to operate at an altitude lower than airplanes. Adds § 91.151(b). Allows for powered-lift operating in a vertical-lift flight mode to adhere to a less restrictive fuel requirement when flying VFR. § 91.155. Allows for powered-lift to use helicopter flight visibility requirements when being operated in the vertical-lift flight mode of flight. Adds § 91.157(b)(3), (b)(4), and (c). Allows helicopter exceptions to be applied to powered-lift operating in vertical-lift flight mode when those aircraft are operated at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. Adds §§ 91.167(a)(3) and (b)(2)(i), and 91.169(b)(2)(ii) and (c)(1)(ii). Allows powered-lift authorized to conduct copter procedures and can land in the vertical-lift flight mode to use fuel (§ 91.167) or weather minimums (§ 91.169) established for helicopters. Adds § 91.175(f)(2)(iii). Allows powered-lift authorized to use copter procedures and can land in the vertical-lift flight mode to use takeoff minimums established for helicopters. Amends § 135.93(c)(1). Provides a performance-based alternative to enroute requirements specified in § 135.93. Provides relief from provisions proposed by SFAR. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. Part 194 ............................................. § 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. lotter on DSK11XQN23PROD with RULES2 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. 194.302 (con’t)—Provisions under part 91 of this chapter applicable to powered-lift. 194.306—Provisions under part 135 of this chapter applicable to powered-lift. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00179 Fmt 4701 Sfmt 4700 Provides relief from provisions proposed by SFAR. Also, a technical Amendment. Inadvertent missing word. (Changes powered-lift category to powered-lift category rating.). No impact. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Technical amendment. No economic impact. Provides relief from provisions proposed by SFAR. Technical amendment. No economic impact. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. E:\FR\FM\21NOR2.SGM 21NOR2 92474 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued Section 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. lotter on DSK11XQN23PROD with RULES2 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.306 (con’t)—Provisions under part 135 of this chapter applicable to powered-lift. 194.308—Applicability of national air tour safety standards under part 136 of this chapter to powered-lift. VerDate Sep<11>2014 18:53 Nov 20, 2024 Changes to provisions as proposed Impact § 135.158 Amending the proposed regulatory text for § 194.307(r). Allows for the indication system in powered-lift to be something other than an amber light when a pitot system is not operating. Adds § 135.168(b)(1). For the final rule, the life preserver required by § 135.168(b)(1) need not be worn but must be readily available for its intended use and easily accessible to each occupant when the powered-lift is a multiengine aircraft operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. Added § 135.181(a)(2) and § 135.181(b). Provides clarification that performance requirements for aircraft operated over-the-top or in IFR conditions applies to those powered-lift that do not have a critical engine but can experience a critical change of thrust. Amends § 135.183(c). Revised to add the term ‘‘critical change of thrust’’ to the performance requirements for multiengine land aircraft carrying passengers as follows: aircraft operated at a weight that will allow it to climb with the critical engine inoperative, or while experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. Amends § 135.203(a) and (b). Amended to create a performance-based rule allowing powered-lift to use an altitude lower than specified for airplanes. This provision is adopted when operating in the vertical-lift flight mode. Or, when operating in the wing-borne mode. Also, incorporates helicopter minimums contained in § 135.203(b). Amends § 135.205(b) and Creates a performance-based rule allowing powered-lift to use visibility requirements lower than specified for airplanes. This provision is adopted when operating in the vertical-lift flight mode. Amends § 135.209(a). Allows for deviations from VFR Fuel Supply for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. Adds § 135.209(b). Makes 20-minute minimum for VFR fuel requirement applicable to powered-lift with the performance capability, as provided in the Aircraft Flight Manual. (Deviations allowed). Amends § 135.221(b). The alternate airport weather minimums authorized for helicopters may be used by powered-lift if they are authorized to conduct copter procedures and can land in the vertical-lift flight mode. Applies § 135.223(a)(3) IFR Alternate airport requirements. Powered-lift may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3) if the powered-lift is authorized to conduct copter procedures and can conduct a landing in the vertical-lift flight mode for the entire flight. Applies § 135.227(d). The FAA corrected cross-references pertaining to this SFAR section and removed a reference to ‘‘critical surfaces’’ because it is no longer required. Adds § 135.229(b)(2)(ii). Allows powered-lift taking off or landing in vertical-lift flight mode and equipped with landing lights oriented in a direction that enables the pilot to see an area to be used for landing or takeoff marked by reflective material. Otherwise powered-lift must take off or land at an airport with boundary or runway marker lights. The FAA clarified that the intent of this section is to apply in both the takeoff and landing context. Revises § 135.609 VFR ceiling and visibility minimums for Class G Airspace when conducting VFR helicopter air ambulance. Airplane minimums will be applied when the powered-lift is operated in wing-borne flight mode. Helicopter minimums will be applied when the powered-lift is operating in vertical-lift flight mode. Revises § 135.613 Approach/departure IFR transitions. § 135.613(a)(2) revised and § 135.613(b) added to allow powered-lift that are operating in the vertical-lift flight mode to use helicopter minimums. Relieving. Adds § 135.615(b) VFR flight planning. Allow powered-lift operated in the vertical-lift flight mode during enroute operations to use the terrain and obstacle clearance requirements minimums described in § 135.615(b). Amends §§ 136.9(b)(3), 136.11(a)(2), and 136.75(c). Adds the term’’ critical change of thrust’’ to ensure those novel aircraft that may not have a critical engine be required to demonstrate the same performance requirements as those stipulated for aircraft with a critical engine. Provides relief from provisions proposed by SFAR. Jkt 265001 PO 00000 Frm 00180 Fmt 4701 Sfmt 4700 Provides relief from provisions proposed by SFAR. Clarifying amendment. No economic impact. Clarifying amendment. No economic impact. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Technical Amendment. Technical Amendment. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Provides relief from provisions proposed by SFAR. Clarifying amendment. No economic impact. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92475 TABLE 12—SFAR—TABLE OF AMENDMENTS CHANGED FROM PROPOSED RULE TO FINAL RULE—Continued Section Changes to provisions as proposed 194.308—Applicability of national air tour safety standards under part 136 of this chapter to powered-lift. Adds § 136.11(a)(1). Requires floats for single-engine powered-lift. Revises § 136.11(b)(2). Requires flotation system to be armed when the powered-lift is over water beyond the shoreline whether operating in vertical-lift flight mode or wing-borne flight mode. New Appendix A. Prescribes the minimum requirements to apply for a pilot training program leading to a powered-lift category rating; a powered-lift type rating; and an instrument powered-lift rating using powered-lift with one set of controls. 194—New Appendix A ....................... 3. Benefits Summary Operations with powered-lift are anticipated to offer benefits over traditional airplanes and rotorcraft. A report published by the U.S. Government Accountability Office stated that many of these newer category of aircraft may be easier to design, simpler to construct, less complicated to maneuver, quieter to fly, and more economical to operate compared to traditional aircraft.486 Many use cases for these aircraft are anticipated. Below is a description of just a few of the use cases. It is envisioned smaller versions of these aircraft may reduce travel times in congested areas for passengers by allowing for more efficient transportation compared to existing ground transportation methods. To do so, these aircraft would use vertiports located on top of buildings, at parking facilities, or in other open areas.487 Such transportation could occur from these locations and then proceed at speeds and ranges similar to turboprops. Some powered-lift could also be capable of transporting heavier loads at higher altitudes and faster cruise speeds than a traditional rotorcraft. Such capability may increase efficiency in transporting crew and material to remote locations such as offshore oilrigs. Other use cases may involve medical response, disaster relief, rescue operations, border patrol, and last-mile logistics. This final rule is a step toward enabling the ecosystem for this industry to develop. It applies the appropriate set of rules for a range of certificate-holder operations conducted with powered-lift, and for certification of the pilots that 485 76 FR 7482 (Feb. 10, 2011). Aviation: Stakeholders Identified Issues to Address for ’Advanced Air Mobility’ √ U.S. GAO. 487 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. lotter on DSK11XQN23PROD with RULES2 486 Transforming VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 Impact would fly them. It was deliberated with the intent of mitigating risk to the NAS while maintaining its current level of safety. 4. Costs Summary While operators choosing to conduct operations with powered-lift would incur costs to comply with regulations in this SFAR, these costs would be on a scale incurred by operators choosing to conduct operations with airplanes or rotorcraft under similar regulations. Likewise, costs imposed on individuals that choose to accomplish the required training and testing required to hold an airman’s certificate with a type rating in the powered-lift category would be on a scale no greater than those incurred by individuals accomplishing training and testing to hold an airman’s certificate with a type rating in the airplane or rotorcraft category. In other words, the costs imposed on operators and individuals that choose to comply with regulations in this rule would be no more burdensome than the costs incurred by entities and individuals complying with analogous airplane and rotorcraft regulations. However, to address the significant operational differences between each powered-lift, the FAA is amending regulations to require the PIC of a powered-lift to hold a type rating for the aircraft flown. The FAA has determined that requiring persons to hold type ratings for powered-lift establishes the appropriate level of safety. This ensures persons receive adequate training and are tested on the unique design and operating characteristics of each powered-lift flown. As a result, airmen choosing to operate powered-lift and manufacturers providing dual-control aircraft and full flight simulators for training will incur incremental costs. Airmen will incur the incremental costs to achieve a type rating for each powered-lift flown. In the preliminary regulatory impact analysis for the SFAR, the FAA solicited comments for data to update the final analysis. The FAA received comments PO 00000 Frm 00181 Fmt 4701 Sfmt 4700 Imposes a burden on operators of powered-lift on a scale no greater than the burden placed on operators of helicopters. Provides relief from provisions proposed by SFAR. to the analysis including supporting data related to costs. Consequently, the final regulatory impact analysis has been revised to incorporate some of the information received during the comment period. As a result, the number of individuals required to operate the fleet of aircraft anticipated to enter the fleet over the period of the SFAR has been adjusted upward. Additionally, the analysis is updated to include a cost for the provision of dualcontrol aircraft and full flight simulators for training, and a cost for decreased battery life due to a minimum fuel reserve requirement. The following table presents a summary of the primary estimates of the monetized costs of this rule, as well as estimates for the pessimistic and optimistic scenarios. The monetized costs include those that would require individuals to hold an airman’s certificate with a type rating for the powered-lift flown, costs for the provision of dual-control aircraft and full flight simulators for training, and incremental costs for the minimum fuel reserve requirement. For the primary estimate, over a 10-year period of analysis, this rule would result in present value costs of about $914.2 million at a two percent discount rate with annualized costs of about $101.8 million. At a three percent present value discount rate, present value costs are about $884.2 million with annualized costs of about $103.7million. At a seven percent discount rate, the present value costs are about $779.2 million with annualized costs of $110.9 million.488 488 The appendix to the RIA presents tables of monetized costs on an annual basis for years 1–10, the time horizon for which costs for the rule are estimated. Monetized costs for the rule stem from the cadence of aircraft deliveries. In the optimistic scenario, aircraft deliveries are forecast to begin in year 1 and continue through year 10. Aircraft deliveries for the base scenario are forecast to occur during years 2–10, and in the pessimistic scenario during years 3–10. As a result, costs for the optimistic scenario accumulate over a period of 10 years versus the base and pessimistic scenarios, over which costs accumulate for a period of 9 years and 8 years, respectively. E:\FR\FM\21NOR2.SGM 21NOR2 92476 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 13—MONETIZED COSTS OF FINAL SFAR [Millions $] * 10-Year present value (2%) Forecast scenario Base—Primary Estimate .......................................................................................................................................... Pessimistic ............................................................................................................................................................... Optimistic ................................................................................................................................................................. $914.2 865.5 966.1 Annualized (2%) $101.8 96.4 107.6 * Table notes: Columns may not sum to total due to rounding. Discount rates are provided per Office of Management and Budget (OMB) guidance. Please see the regulatory impact analysis for this SFAR available in the docket for more details. lotter on DSK11XQN23PROD with RULES2 B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121) and the Small Business Jobs Act of 2010 (Pub. L. 111–240), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-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 published an Initial Regulatory Flexibility Analysis (IRFA) in the proposed rule to aid the public in commenting on the potential impacts to small entities. The FAA considered the public comments in developing the final rule and this Final Regulatory Flexibility Analysis (FRFA). A FRFA must contain the following: (1) A statement of the need for, and objectives of, the rule; (2) A statement of the significant issues raised by the public comments in response to the IRFA, a statement of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such comments; (3) The response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration (SBA) in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments; (4) A description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available; (5) A description of the projected reporting, recordkeeping, and other compliance requirements of the VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (6) A description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each of the other significant alternatives to the rule considered by the agency which affect the impact on small entities was rejected. 1. A Statement of the Need for, and Objectives of, the Rule This rule establishes the requirements for the certification and operation of powered-lift. Powered-lift is defined in 14 CFR part 1 as a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on enginedriven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight. The powered-lift that are coming to the civilian market have unique design, flight, and handling characteristics with varying degrees of automation. The FAA does not anticipate that the initial powered-lift that obtain type certification will be broadly available for basic airman certification and training at the private pilot level. Rather, manufacturers intend to produce powered-lift for commercial purposes, meaning the initial pilots will be required to hold at least commercial pilot certificates to act as required flightcrew members (i.e., PIC or SIC) for compensation or hire. The FAA lacks sufficient information at this time regarding emerging operations to implement permanent regulations. The FAA has found the use of an SFAR has been an effective way to gain such experience while enabling some degree of operations. The SFAR will establish a regulatory structure that PO 00000 Frm 00182 Fmt 4701 Sfmt 4700 leverages existing rules, removes operational barriers, and mitigates safety risks for powered-lift. Utilizing the SFAR will allow the FAA to observe operations and subsequently make any requisite safety improvements in a later permanent change to the regulations. 2. Significant Issues Raised in Public Comments in Response to the Initial Regulatory Flexibility Act The FAA did not receive public comments in response to the Initial Regulatory Flexibility Act for the proposed SFAR. 3. A Response to SBA Comments The FAA did not receive comments from the SBA in response to the Initial Regulatory Flexibility Act provided in the proposed SFAR. 4. Small Entities to Which the Rule Will Apply The rule affects operators of poweredlift under parts 91, 135, and 136, as well as part 141 flight schools and part 142 training centers. Part 91 operators conduct operations for non-commercial purposes. Part 135 operators conduct on-demand operations, which may include a limited number of scheduled operations, or commuter operations, and allows an unlimited number of scheduled operations as well as ondemand operations.489 There are specific limitations associated with these operations depending on whether they are on-demand or commuter. These limitations include the number of passenger seats installed on the aircraft, maximum payload limits, and whether turbo-jet aircraft can be used in the operation. Part 136 operators conduct commercial air tours. 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 489 www.faa.gov/licenses_certificates/airline_ certification/135_certification/general_info. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 nonscheduled air transportation.’’ Entities falling within this code are identified as small if revenues are $22 million or less.490 At the time of this rule, there were approximately 1,700 part 135 operators, and 900 part 91 operators. A vast majority of these operators are small, and the FAA does not anticipate that they will be impacted by this rule. Due to this being an emerging market, the number of entities that will be impacted by this rule is uncertain. Flight training is available through part 141 flight schools or part 142 flight centers. Part 141 flight schools train with actual aircraft while part 142 flight centers train with flight simulators. The FAA notes that NAICS code for flight training is in Sector 61—Education Services. Specifically, flight training schools are identified by code 611512. The Small Business Administration identifies entities in this code as small based on revenues of $30 million or less. There are currently 525 part 141 flight schools and 45 part 142 training centers. FAA conducted research on the internet to determine revenues for these entities. While some of the part 141 flight schools are part of a curriculum offered at an institution of higher learning, most appear to be private entities, and thus revenues were not publicly available. Of the 45 part 142 training centers, 10 have revenues greater than $30 million and 22 were identified as having revenues less than $30 million. Revenue information for the remaining 13 part 142 training centers was not readily available. Based on this information, it is believed that a majority of flight schools under parts 141 and 142 are small entities. 5. Projected Reporting, Recordkeeping, and Other Compliance Requirements Powered-lift manufacturers, air carriers, pilots, and instructors have important roles in the development of this sector of the aviation industry. The FAA prescribes regulations and minimum standards for practices, methods, and procedures necessary for safety in air commerce, including airman certificates, type certificates, and air operating certificates, as well as the authority to examine and rate civilian schools and prescribe regulations to ensure the competency of instructors. The reporting and recordkeeping requirements imposed by this SFAR 490 NAICS code 481111—Scheduled Passenger Air Transportation; 481112—Scheduled Freight Air Transportation; 481211—Nonscheduled Passenger Air Transportation; 481212—Nonscheduled Freight Air Transportation; 481219—Other Nonscheduled Air Transportation. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 already exist for manufacturers and operators of airplanes and rotorcraft. These requirements will now be applicable to like entities that choose to operate powered-lift. These requirements are described below. First, each operator which seeks to obtain, or is in possession of, an air carrier or FAA operating certificate is mandated to comply with the requirements of part 135 to determine if the carrier is operating in accordance with minimum safety standards. This burden results in reporting, recordkeeping, and disclosure requirements. All reporting provisions and approval processes can be accomplished electronically, including operations and maintenance manuals, crewmember and aircraft dispatcher records, maintenance records, and minimum equipment lists. However, certain documents, such as passenger briefing cards, must be available in paper form for safety reasons. The burden imposed on operators by this reporting requirement is proportionate to the size of its operation.491 Next, repair stations certificated under part 145 and passenger-carrying operators certificated under part 135 are required to submit Malfunction or Defect Reports, or Service Difficulty Reports. This data identifies mechanical failures, malfunctions, and defects that may be a hazard to the operation of an aircraft. When defects are reported that are likely to exist on other products of the same or similar design, the FAA may disseminate safety information to a particular section of the aviation community. These reports are submitted occasionally. The submission of information for this requirement is accomplished electronically. The FAA has found that this submission of data does not have a significant impact on a substantial number of small businesses. Lastly, the Application for Pilot School Certification is necessary for the FAA to collect information to ensure flight schools will meet the minimum acceptable training standards as prescribed by part 141. The FAA approves course curricula, training facilities, the chief instructor, and any assistant chief instructors, if applicable, for each course, and ensures oversight of flight instructors that provide training under part 141. Completion of the 491 For example, single pilot operations are not required to prepare an operations manual or training program which significantly reduces the burden. The number of records and required reports are proportional to the number of pilots and aircraft used by the operator. Further, in several cases, such as for passenger briefings or aircraft checklists, commercially produced products are available from the aircraft manufacturer. PO 00000 Frm 00183 Fmt 4701 Sfmt 4700 92477 required items is of minimal burden to the respondent due to the simplistic format of the document. 6. Significant Alternatives Considered One alternative the FAA considered was to engage in a permanent rulemaking to address the introduction of powered-lift in civilian operations. However, to date, the FAA lacks sufficient information regarding emerging operations to implement permanent regulations. Instead, the FAA finds the use of a SFAR to be the most viable option. Utilizing the SFAR will allow the FAA to observe operations and subsequently make any requisite safety improvements in a later permanent change to the regulations. Another alternative considered was the number of years the SFAR would remain in effect. After contemplating several options, the FAA determined ten years to be an appropriate length of time. In selecting ten years as the appropriate duration for this SFAR, the FAA considered a number of factors, including the length of time it will take to initiate operations after the adoption of this rule considering the type certification status of the powered-lift that are commercially viable. The FAA also considered ten years to be the appropriate length of time to collect operational data necessary to complete a subsequent rulemaking to implement permanent regulations. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final SFAR and determined that it ensures the safety of the American public and does not exclude imports that meet this objective. As a result, the FAA does not consider this rule as creating an unnecessary obstacle to foreign commerce. E:\FR\FM\21NOR2.SGM 21NOR2 92478 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations D. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or Tribal government or the private sector to incur direct costs in excess of the inflation-adjusted statutory threshold of $183 million without the Federal Government having first provided the funds to pay those costs. The FAA determined that this rule will not result in the expenditure of $183 million or more by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. This action contains the following amendments to the existing information collection requirements previously approved under OMB Control Numbers 2120–0009, 2120–0021, 2120–0039, 2120–0600, 2120–0607, and 2120–0663. In the Powered-lift NPRM, the FAA included the AQP burden in a revision to information collection 2120–0039, Part 135—Operating Requirements: Commuter and On-Demand Operations and Rules Governing Persons on Board such Aircraft, and the FAA discussed the use of AQP throughout the NPRM. However, in publishing the NPRM, the FAA failed to include those revisions to information collection 2120–0701, Advanced Qualification Program (AQP) Subpart Y to part 121. However, given the extensive discussion of the use of AQP and the fact that the burden had been discussed in the context of information collection 2120–0039, the FAA believes that the public had sufficient notice of this burden revision, and therefore the FAA is revising the burden for information collection 2120– 0701 in this final rule. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these information collection amendments to OMB for its review. 1. Revision of Existing Information Collection 2120–0701: Advanced Qualification Program (AQP) Subpart Y of 14 CFR 121 Abstract: Certificated air carriers, as well as training centers they employ may voluntarily respond to this collection in order obtain the benefit of a regulatory alternative for training, checking, qualifying, and certifying crewmembers subject to the requirements of parts 121 and 135. However, for those part 135 operators conducting powered-lift operations with aircraft requiring two pilots by type certification the information collection is mandatory. Air carriers submit de-identified performance and proficiency data that represents the results of an individual’s ability to successfully demonstrate the performance objectives of each curriculum. This information is captured during validation and evaluation gates as a crewmember progresses through an AQP curriculum. In general, the information is used to provide an improved basis for curriculum approval and monitoring, as well as agency decisions concerning air carrier training regulation and policy. This collection has reporting elements and is reported to the FAA monthly. The FAA has estimated the increase in the existing burden for this collection based on one part 135 operator being required to adhere to an AQP curriculum. Summary (annual) Total cost ($99.93/hour) # of Respondents .................................................................................................................................................... # of Responses per respondent .............................................................................................................................. Time per Response ................................................................................................................................................. 1 12 7 Hours ........................ ........................ ........................ Total burden ..................................................................................................................................................... 84 Hours $8,394 2. Revision of Existing Information Collection 2120–0039: Operating Requirements: Commuter and OnDemand Operation 492 lotter on DSK11XQN23PROD with RULES2 Reporting Abstract: Each operator which seeks to obtain, or is in possession of, an air carrier or FAA operating certificate is mandated to comply with the requirements of part 135 to maintain data which is used to determine if the carrier is operating in accordance with minimum safety standards. Air carrier and commercial operator certification is completed in accordance with part 119. Part 135 contains operations and maintenance requirements. The burden associated with part 135 is associated with reporting, record keeping and disclosure. The FAA has estimated the increase in the existing burden for this collection based on four part 119 certificate holders beginning powered-lift operations by the end of the third year following finalization of this SFAR. Note that not all information collection requirements have a burden increase as a result of revisions to this information collection. 492 Official FAA forecasts related to the operation of powered-lift in the NAS have yet to be developed. Thus, forecasts for operators of part 135 aircraft and fleet were prepared solely for the purpose of estimating the cost of the information collections affiliated with this rule and developed using publicly available data related to orders and options for powered-lift. Using the fleet forecast and an assumption for utilization (i.e., hours flown), forecasts for airmen and departures were also developed to estimate incremental costs of the paperwork burden. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00184 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92479 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 14—THREE-YEAR INCREMENTAL BURDEN FOR 2120–0039 OPERATING REQUIREMENTS: COMMUTER AND ONDEMAND OPERATIONS Number of respondents Section Section title 135.21 135.63 Manual requirements ............... Recordkeeping requirementsaircraft available for use. Pilot records ............................. 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 .................. 135.64 135.65 135.79 135.117 135.179 135.227 135.325 135.415 135.417 135.419 135.431 Number of responses Total responses HoursJobCat (1) HoursJobCat (2) HoursJobCat (3) HoursJobCat (4) HoursJobCat (5) Total burden (hours) Total burden (cost) 4 2 5 2 20 4 0.5 ............ ............ ............ 2.0 1.0 ............ ............ ............ ............ 50.0 4.0 $2,097 185 259 259 292,273 6 4 200 1 13 1,036 51,800 292,273 78 0.1 0.1 0.1 ............ ............ ............ ............ 0.5 ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ 103.6 5,180 29,227 39.0 2,539 126,962 716,36 1,514 6 2 12 0.5 ............ ............ ............ ............ 6.0 147 6 2 292,273 75 1 1 450 2 292,273 ............ ............ ............ ............ ............ ............ ............ 0.5 ............ ............ ............ ............ 0.3 ............ 0.03 112.5 1.0 8,768.2 7,611 46 593,16 6 1 6 3.0 ............ 20.0 ............ ............ 138.0 5,996 6 6 131 6 1 1 1 12 6 6 131 72 5.0 5.0 ............ ............ ............ ............ ............ ............ 20.0 15.0 ............ ............ ............ ............ 1.0 1.0 ............ ............ ............ ............ 150.0 120.0 131.0 72.0 6,290 4,901 6,119 3,363 6 1 6 0.5 ............ ............ 1.0 ............ 9.0 354 6 1 6 ............ ............ ............ 70.0 ............ 420.0 19,618 .................... .................... .................... ............ ............ ............ ............ ............ 44,531 1,497,27 Note: Row and column totals may not sum due to rounding. 3. Revision of Existing Information Collection 2120–0600: Training and Qualification Requirements for Check Airmen and Flight Instructors 493 Abstract: The reporting requirements are to ensure the check pilots and instructors are adequately trained and checked/evaluated to ensure they are capable and competent to perform the duties and responsibilities required by the air carrier to meet the regulations. Experienced pilots who would otherwise qualify as flight instructors or check airmen, but who are not medically eligible to hold the requisite medical certificate are mandated to keep records that may be inspected by the FAA to certify eligibility to perform flight instructor or check airmen functions. This information is inspected on occasion and will be used by the FAA to determine and to assure that check airmen and instructors maintain the high qualification standards (training and experience) required to perform their safety functions. The FAA has estimated the increase in the existing burden for this collection based on the percentage of instructors that are not medically eligible to hold the requisite medical certificate and are mandated to keep records that may be inspected by the FAA to certify eligibility to perform flight instructor or check airmen functions. The table below shows the incremental burden by the end of the third year following finalization of the SFAR for this recordkeeping requirement. TABLE 15—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0600 494 TRAINING AND QUALIFICATION REQUIREMENTS FOR CHECK AIRMEN AND FLIGHT INSTRUCTORS Total burden Respondents ........................................................................................................................................................................................ Responses per Respondent ................................................................................................................................................................ Time per response—15 seconds (in minutes) .................................................................................................................................... 66 1 0.25 Total incremental time (in minutes) .............................................................................................................................................. Total incremental time (in hours) ................................................................................................................................................. 16.44 0.27 Cost per hour (Check airman wage plus benefits—per hour) ............................................................................................................ $87.63 Total incremental cost ........................................................................................................................................................... $24.54 lotter on DSK11XQN23PROD with RULES2 Note: Row and column totals may not sum due to rounding. 493 See footnote for Revision of Existing Information Collection 2120–0039: Operating Requirements: Commuter and On-Demand Operation. 494 The current collection identifies 15,925 respondents performing recordkeeping VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 requirements. The 2021 Civil Airmen Statistics (source: www.faa.gov/data_research/aviation_data_ statistics/civil_airmen_statistics) shows there are 121,270 active flight instructors, thus 13.1 percent of the flight instructor population (15,925 ÷ 121,270 = .131) perform this recordkeeping requirement. PO 00000 Frm 00185 Fmt 4701 Sfmt 4700 Additionally, FAA records show 251 active airmen holding a flight instructor certificate with a powered-lift rating; thus, it is estimated that 13.1 percent of these airmen are affected by the recordkeeping requirement (for a total of 33 airmen). E:\FR\FM\21NOR2.SGM 21NOR2 92480 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 4. Revision of Existing Information Collection 2120–0663: Service Difficulty Report 495 Abstract: Service Difficulty Reports (SDRs) may be used by the air carrier industry and repair stations to submit mandated reporting of occurrences or detection of failures, malfunctions, or defects and can be submitted in an electronic format. Repair stations certificated under part 145 and passenger-carrying operators certificated under part 135 are required to submit Malfunction or Defect Reports, or Service Difficulty Reports. Report information is collected and collated by the FAA and used to determine service performance of aeronautical products. When defects are reported which are likely to exist on other products of the same or similar design, the FAA may disseminate safety information to a particular section of the aviation community. The FAA also may adopt new regulations or issue Airworthiness Directives (ADs) to address a specific problem.496 The regulations enhance air carrier safety by collecting additional and timelier data pertinent to critical aircraft components. This data identifies mechanical failures, malfunctions, and defects that may be a hazard to the operation of an aircraft. Reports are submitted on occasion. The FAA has estimated the increase in the existing burden for this collection based on four part 119 certificate holders beginning powered-lift operations under part 135 by the end of the third year following finalization of this SFAR. TABLE 16—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0663 SERVICE DIFFICULTY REPORT Summary (three years) Reporting Number of Respondents .............................................................................................................. Number of Responses per respondent ....................................................................................... Time per Response ..................................................................................................................... Total Number of responses ......................................................................................................... Total Burden (hours) .................................................................................................................... Total Burden (cost) 497 ................................................................................................................. 4 1 0.667 4 2.7 $95.8 Recordkeeping Disclosure ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ Note: Row and column totals may not sum due to rounding. 5. Revision of Existing Information Collection 2120–0009: Application for Pilot School Certification Abstract: This information is reported and recorded by part 141 certificated pilot schools seeking to maintain their Air Agency Certification. Uncertificated pilot schools seeking certification as a part 141 pilot school are also required by part 141 to report information to the FAA and keep specific records. Part 141 pilot schools train private, commercial, flight instructor, and ATPs, along with training for associated ratings in various types of aircraft. The information collected becomes a part of the FAA’s official records and is only used by the FAA for certification, compliance, enforcement, and for accidents, incidents, reports of noncompliance, safety programs, or other circumstances requiring reference to records. The requirements of part 141 include reporting and recordkeeping. The FAA has estimated the increase in the existing burden for this collection based on one new applicant per year for part 141 certification and one renewal. TABLE 17—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0009 498 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 .......................................... 0.5 25.0 20.0 4 3 3 2.0 75.0 60.0 $72 2,688 2,150 Reporting .......................................... Record-keeping ................................ 0.1 50 3 3 0.3 150 11 5,376 Total ........................................... ........................................................... ........................ ........................ 287.3 10,297 Note: Row and column totals may not sum due to rounding. 6. Revision of Existing Information Collection 2120–0021: Airman Certificate and/or Rating Application lotter on DSK11XQN23PROD with RULES2 Abstract: The Airman certificate and/ or Rating Application form and the 495 See footnote for Revision of Existing Information Collection 2120–0039: Operating Requirements: Commuter and On-Demand Operation. 496 ADs are mandatory repair or modifications essential for the prevention of accidents. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 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 497 Costs are based upon a private industry hourly wage of $25.18. The fully-burdened wage is $35.90 and includes employee compensation related to benefits that is estimated to be 30.0 percent of the fully-burdened wage. (Source: Bureau of Labor Statistics, Employer Costs for Employee Compensation www.bls.gov/news.release/pdf/ ecec.pdf by month). 498 The FAA believes that the responses to this information collection will be performed by flight instructors and similar personnel at certificated pilot schools. The median hourly wage for these occupations is $27.38. The FAA multiplied this base hourly rate by 1.309, representing a load factor of 30.9%, and a fully loaded wage of $35.84. PO 00000 Frm 00186 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations information collected becomes a part of the FAA’s official records and is only used by the FAA for certification, compliance, enforcement, and for accidents, incidents, reports of noncompliance, safety programs, or 92481 other circumstances requiring reference to records. The requirements of part 61 include reporting and recordkeeping. TABLE 18—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0021 499 AIRMAN CERTIFICATE AND/OR RATING APPLICATION Time per 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 0.10 171 171 1 44 44 171 171 171 29 29 29 17.1 8.6 0.1 ........................ 4.4 ........................ ........................ ........................ ........................ ........................ 2.9 ........................ ........................ ........................ 44.4 ........................ 17.1 8.6 17.1 2.9 28.8 ........................ $263 132 1 684 68 263 132 263 44 443 44 Totals ............................................................................ ........................ 1,031 33 119 2,339 F. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. As discussed in the preamble of this SFAR, the FAA intends to follow ICAO standards for powered-lift where practicable. However, the FAA’s initial approach has differences to the ICAO published Standards and Recommended Practices, including the transitional measures outlined by ICAO in Annex 1, Section 2.1.1.4. As documented throughout the preamble, the SFAR provides an equivalent level of safety which meets or exceeds the ICAO Standards. Any identified differences to current or future ICAO standards will be documented and published in accordance with the FAA ICAO Difference procedures. G. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded 499 To lotter on DSK11XQN23PROD with RULES2 Responses calculate the economic burden on respondents, the FAA uses an hourly rate of $15.40. This is an all-purpose travel-time rate, which is appropriate for this ICR because respondents represent a wide array of occupations and are often performing their reporting or recordkeeping activities on their own time. The travel-time rate is derived from Department of Transportation guidance (www.faa.gov/regulations_policies/policy_ guidance/benefit_cost/), modified by a Consumer Price Index for all Urban Consumers (CPI–U) value calculated by the Minneapolis Fed (www.faa.gov/ regulations_policies/policy_guidance/benefit_cost/). The FAA is not applying a load factor for overhead or benefits, because, as noted, these activities are typically not performed as part of a respondent’s job or occupation. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA) in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5–6.6f for regulations and involves no extraordinary circumstances. H. Regulations Affecting Intrastate Aviation in Alaska Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 3213) requires the Administrator, when modifying 14 CFR regulations in a manner affecting intrastate aviation in Alaska, to consider the extent to which Alaska is not served by transportation modes other than aviation, and to establish appropriate regulatory distinctions. Because this final rule will apply to operations of powered-lift that could occur throughout the territorial airspace of the United States, it could, if adopted, affect intrastate aviation in Alaska. I. Congressional Review Act As required by 5 U.S.C. 801, FAA will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). XIX. Executive Order Determinations A. Executive Order 14036, Promoting Competition in the United States Economy The FAA has analyzed this rule under the principles and criteria of Executive PO 00000 Frm 00187 Fmt 4701 Sfmt 4700 Order 14036, Promoting Competition in the United States Economy. The FAA finds that this action promotes competition by enabling powered-lift to enter the market. The FAA anticipates that powered-lift will compete with surface transportation modes in congested intra-city areas for those passengers that want the benefits of convenient and shorter travel times compared to traditional intra-city travel modes that are currently available. Additionally, the integration of powered-lift into the NAS will foster competition between powered-lift, airplanes, and helicopters with respect to passenger-carrying operations and cargo operations, which will benefit American travelers, consumers, and businesses. By enabling the safe integration of powered-lift into the NAS, the rule facilitates innovations that foster United States market leadership and airspace access to promote competition and economic opportunity, while also ensuring safety and safety oversight. B. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government The FAA has analyzed this rule under the principles and criteria of Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The FAA sought comment on advancing equity and supporting underserved communities. A number of comments related to such underserved communities benefiting from AAM more broadly, with powered-lift being mentioned as potentially providing E:\FR\FM\21NOR2.SGM 21NOR2 92482 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations greater opportunities for air transportation to rural, remote, and underserved communities. These commenters supported the integration of powered-lift as they believe poweredlift would enhance connectivity, increase the coverage of affordable and efficient transportation, provide economic stimulation, and improve access to emergency services for these communities and regions. Additionally, commenters supported allowing military pilots to obtain a rating for a powered-lift they have operated in the military. Commenters said this provision will support diversity in the workforce and increase the share of powered-lift operations to which the civilian market has access. Consistent with Executive Order 13985, the FAA has analyzed this rule to assess whether, and to what extent, it may perpetuate systemic barriers to opportunities and benefits for underserved communities and their members. The FAA finds that the rule to enable the certification of powered-lift pilots and safe powered-lift operations could advance equity for historically disadvantaged communities by expanding their access to goods and services. C. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The FAA has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have federalism implications. lotter on DSK11XQN23PROD with RULES2 D. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Consistent with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments,500 and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,501 the FAA ensures that Federally Recognized Tribes (Tribes) are given the opportunity to provide meaningful and timely input regarding proposed Federal actions that have the potential to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and 500 65 FR 67249 (Nov. 6, 2000). Order No. 1210.20 (Jan. 28, 2004), available at www.faa.gov/documentLibrary/media/ 1210.pdf. 501 FAA VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 responsibilities between the Federal government and Indian Tribes; or to affect uniquely or significantly their respective Tribes. The FAA has not identified any unique or significant effects, environmental or otherwise, on Tribes resulting from this final rule. E. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. The FAA has determined that it is not a ‘‘significant energy action’’ under the executive order and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. F. Executive Order 13609, Promoting International Regulatory Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of Executive Order 13609 and has determined that this action would have no effect on international regulatory cooperation. XX. Additional Information Frm 00188 Fmt 4701 Sfmt 4700 B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/ rulemaking/sbre_act/. List of Subjects 14 CFR Part 1 Air transportation. 14 CFR Part 11 Administrative practice and procedure, Reporting and recordkeeping requirements. 14 CFR Part 43 Aircraft, Aviation safety, Reporting and recordkeeping requirements. 14 CFR Part 60 Airmen, Aviation safety, Reporting and recordkeeping requirements. 14 CFR Part 61 A. Electronic Access and Filing A copy of the NPRM, all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the docket number listed above. A copy of this final rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at www.federalregister.gov and the Government Publishing Office’s website at www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at www.faa.gov/regulations_policies. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (202) 267–9677. Commenters must identify the docket or notice number of this rulemaking. All documents the FAA considered in developing this final rule, including PO 00000 economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. Aircraft, Airmen, Aviation safety, Recreation and recreation areas, Reporting and recordkeeping requirements, Security measures, Teachers. 14 CFR Part 91 Agriculture, Air carriers, Air taxi, Air traffic control, Air transportation, Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, Reporting and recordkeeping requirements, Security measures, Transportation. 14 CFR Part 97 Air traffic control, Airports, Navigation (air), Weather. 14 CFR Part 111 Administrative practice and procedure, Air carriers, Air transportation, Air taxi, Aircraft, Airmen, Alcohol abuse, Aviation safety, Charter flights, Drug abuse, Reporting and recordkeeping requirements. 14 CFR Part 135 Air carriers, Air taxi, Air transportation, Aircraft, Airmen, E:\FR\FM\21NOR2.SGM 21NOR2 92483 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 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. Administration amends 14 CFR chapter I of title 14, Code of Federal Regulations as follows: ■ PART 1—DEFINITIONS AND ABBREVIATIONS § 1.3 1. The authority citation for part 1 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 40113, 44701. 2. Amend § 1.1 by revising the introductory text and the definition of ‘‘Autorotation’’ to read as follows: ■ 14 CFR Part 142 Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools, Teachers. § 1.1 14 CFR Part 194 Air carriers, Air traffic control, Air transportation, Aircraft, Airmen, Airports, Aviation safety, Charter flights, Freight, Incorporation by reference, Navigation (air), Recreation and recreation areas, Reporting and recordkeeping requirements, Teachers, Schools. The Amendment For the reasons discussed in the preamble, the Federal Aviation General definitions. 3. Amend § 1.2 by revising the introductory text to read as follows: * * * * 10. Amend § 60.1 by revising paragraph (a) to read as follows: ■ § 60.1 8. Amend § 43.1 by adding paragraph (e) to read as follows: § 43.1 Applicability. * * * * (e) Additional applicability of maintenance provisions for powered-lift is set forth in part 194 of this chapter. lotter on DSK11XQN23PROD with RULES2 * PART 60—FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING QUALIFICATION AND USE 9. The authority citation for part 60 continues to read as follows: ■ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 * * (b) * * * * 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). ■ 6. In § 11.201 amend the table in paragraph (b) by adding the entry ‘‘Part 194’’ in numerical order to read as follows: ■ * * * * * * 2120–0009, 2120–0021, 2120–0039, 2120–0600, 2120–0607, 2120–0663, 2120–0701. * 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. Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701– 44702, 44711, 46102, and 51 U.S.C. 50901– 50923. Current OMB control No. * * * Part 194 ....................................................................... 7. The authority citation for part 43 continues to read as follows: 5. The authority citation for part 11 continues to read as follows: ■ § 11.201 Office of Management and Budget (OMB) control numbers assigned under the Paperwork Reduction Act. Abbreviations and symbols. In this chapter: * * * * ■ (a) In this chapter, unless the context requires otherwise: * * * * * (b) In this chapter, the word: * * * * * ■ § 1.2 PART 43—MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND ALTERATION Rules of construction. PART 11—GENERAL RULEMAKING PROCEDURES As used in this chapter, unless the context requires otherwise: * * * * * Autorotation means a rotorcraft or powered-lift flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft or powered-lift is in motion. * * * * * 14 CFR part or section identified and described * 4. Amend § 1.3 by revising paragraphs (a) introductory text and (b) introductory text to read as follows: 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 11. The authority citation for part 61 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 40113, 44701– 44703, 44707, 44709–44711, 44729, 44903, PO 00000 Frm 00189 Fmt 4701 Sfmt 4700 * * 45102–45103, 45301–45302; sec. 2307, Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); and sec. 318, Pub. L. 115–254, 132 Stat. 3186 (49 U.S.C. 44703 note). PART 61 [AMENDED] 12. In part 61, revise all references to ‘‘cross-country flight time’’ to read ‘‘cross-country time’’. ■ 13. Amend § 61.1 by: ■ a. Revising paragraph (a); and ■ b. In paragraph (b) in the definition of ‘‘Cross-country time’’, revising paragraph (i) introductory text. The revisions read as follows: ■ § 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. E:\FR\FM\21NOR2.SGM 21NOR2 92484 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (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— * * * * * ■ 14. 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. lotter on DSK11XQN23PROD with RULES2 * * * * * (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 * * * * * ■ 15. 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). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 The addition reads as follows: § 61.5 Certificates and ratings issued under this part. * * * * * (b) * * * (7) * * * (iii) Powered-lift. * * * * * ■ 16. 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 revisions 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 pilot to hold category and class ratings for an aircraft that is not identified by category or class under § 61.5(b). * * * * * ■ 17. 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; * * * * * ■ 18. 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 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 PO 00000 Frm 00190 Fmt 4701 Sfmt 4700 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. ■ 19. Amend § 61.45 by revising paragraphs (a)(1)(i) and (a)(2)(ii) to read as follows: § 61.45 Practical tests: Required aircraft and equipment. (a) * * * (1) * * * (i) Is of the category, class, and type (if a class or type rating is required) for which the applicant is applying for a certificate or rating; and * * * * * (2) * * * (ii) An aircraft of the same category, class, and type (if a class or type rating is required) of foreign registry that is properly certificated by the country of registry; or * * * * * ■ 20. 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. * * * * * (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. ■ 21. 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 flight) for the aircraft being flown, and more than one pilot is required under the type certification of the aircraft or the regulations under which the flight is being conducted; or * * * * * ■ 22. Amend § 61.55 by revising paragraph (a) to read as follows: E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 61.55 Second-in-command qualifications. § 61.64 Use of a flight simulator and flight training device. (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 of this chapter. * * * * * ■ 23. Amend § 61.57 by revising paragraphs (a)(1)(ii), (b)(1)(ii), and (g)(1) and (4) to read as follows: (a) * * * (1) Must represent the category, class, and type (if a class or type rating is applicable) for the rating sought; and * * * * * (e) Except as provided in paragraph (f) of this section, if a powered-lift is not used during the practical test for a type rating in a powered-lift (except for preflight inspection), an applicant must accomplish the entire practical test in a Level C or higher flight simulator and have 500 hours of flight time in the type of powered-lift for which the rating is sought. (f) If the applicant does not meet one of the experience requirements of paragraphs (b)(1) through (5), paragraphs (c)(1) through (5), paragraphs (d)(1) through (4), or paragraph (e) of this section, as appropriate to the type rating sought, then— * * * * * (g) * * * (1) Performs 25 hours of flight time in an aircraft of the appropriate category, class (if a class rating is required), and type for which the limitation applies under the direct observation of the pilot in command who holds a category, class (if a class rating is required), and type rating, without limitations, for the aircraft; * * * * * ■ 26. Amend § 61.109 by revising paragraph (e)(5) introductory text to read as follows: § 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); * * * * * lotter on DSK11XQN23PROD with RULES2 § 61.63 [Amended] 24. Amend § 61.63 by removing and reserving paragraph (h). ■ 25. Amend § 61.64 by revising paragraphs (a)(1) and (e), (f) introductory text, and (g)(1) to read as follows: ■ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 § 61.109 Aeronautical experience. * * * * * (e) * * * (5) 10 hours of solo flight time in a powered-lift consisting of at least— * * * * * ■ 27. 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 PO 00000 Frm 00191 Fmt 4701 Sfmt 4700 92485 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] 28. Amend § 61.165 by removing paragraph (g). ■ 29. Amend § 61.167 by revising the introductory text of paragraph (a)(2) to read as follows: ■ § 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— * * * * * PART 91—GENERAL OPERATING AND FLIGHT RULES 30. The authority citation for part 91 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528–47531, 47534, Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 31. 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. ■ 32. Amend § 91.113 by revising paragraph (d) to read as follows: § 91.113 Right-of-way rules: Except water operations. * * * * * (d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other’s right has the right-of-way. If the aircraft are of different categories— E:\FR\FM\21NOR2.SGM 21NOR2 92486 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (1) A balloon has the right-of-way over any other category of aircraft; (2) A glider has the right-of-way over an airship, powered parachute, weightshift-control aircraft, airplane, poweredlift, or rotorcraft. (3) An airship has the right-of-way over a powered parachute, weight-shiftcontrol aircraft, airplane, powered-lift, or rotorcraft. (4) An aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft. * * * * * § 91.205 [Amended] 33. Amend § 91.205 in the section headings and paragraph (a) by removing the phrase ‘‘standard category’’ and adding in its place the word ‘‘standard’’. ■ 34. 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. * * * * * ■ 35. 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. * * * * * § 91.1115 37. The authority citation for part 97 continues to read as follows: ■ 38. Amend § 97.1 by adding paragraph (c) to read as follows: ■ lotter on DSK11XQN23PROD with RULES2 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 41. The authority citation for part 135 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 40113, 41706, 44701–44702, 44705, 44709, 44711–44713, 44715–44717, 44722, 44730, 45101–45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. 44730). Applicability. * * * * (d) Additional requirements for powered-lift operations, training, checking, and testing, are set forth in part 194 of this chapter. ■ 43. 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 Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, and 44721–44722. Applicability. * * * * (c) Additional applicability of copter procedures for powered-lift is set forth in part 194 of this chapter. Jkt 265001 § 111.1 * PART 97—STANDARD INSTRUMENT PROCEDURES 18:53 Nov 20, 2024 40. Amend § 111.1 by revising paragraph (b)(4) introductory text and adding paragraph (b)(4)(iii) to read as follows: ■ § 135.1 36. Amend § 91.1115(b)(1) by removing the word ‘‘airplane’’ and adding in its place the word ‘‘aircraft’’. VerDate Sep<11>2014 § 135.152 42. Amend § 135.1 by adding paragraph (d) to read as follows: [Amended] * Authority: 49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703, 44711, 46105, 46301. ■ ■ ■ § 97.1 39. The authority citation for part 111 continues to read as follows: any vertical takeoff and landing aircraft conducted above the surface but normally not above 100 feet AGL. ■ 44. Amend § 135.152 by revising paragraph (j) to read as follows: PART 111—PILOT RECORDS DATABASE Flight crewmember duties. * * * * * (d) For the purposes of this section, taxi is defined as movement of an aircraft under its own power on the surface of an airport and includes hover taxi which is movement of a helicopter or any vertical takeoff and landing aircraft conducted above the surface and in ground effect at airspeeds less than approximately 20 knots, and air taxi which is movement of a helicopter or PO 00000 Frm 00192 Fmt 4701 Sfmt 4700 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. * * * * * § 135.165 [Amended] 45. Amend § 135.165 by removing the reference ‘‘part 119’’ in the introductory text of paragraph (d) and adding in its place the reference ‘‘part 110’’. ■ 46. 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. * * * * * ■ 47. Amend § 135.243 by revising and republishing paragraphs (a) through (c) to read as follows: § 135.243 Pilot in command qualifications. (a) No certificate holder may use a person, nor may any person serve, as pilot in command in passenger-carrying operations(1) Of a turbojet airplane, of an airplane having a passenger-seat configuration, excluding each crewmember seat, of 10 seats or more, or of a multiengine airplane in a commuter operation as defined in part 110 of this chapter, unless that person holds an airline transport pilot certificate with appropriate category and class ratings and, if required, an appropriate type rating for that airplane. (2) Of a helicopter in a scheduled interstate air transportation operation by an air carrier within the 48 contiguous states unless that person holds an airline transport pilot certificate, appropriate type ratings, and an instrument rating. (3) Of a turbojet-powered poweredlift, of a powered-lift having a E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations passenger-seat configuration, excluding each crewmember seat, of 10 seats or more, or of a powered-lift in a commuter operation as defined in part 110 of this chapter, unless that person holds an airline transport pilot certificate with appropriate category rating, and appropriate type rating not limited to VFR for that powered-lift. (b) Except as provided in paragraph (a) of this section, no certificate holder may use a person, nor may any person serve, as pilot in command of an aircraft under VFR unless that person(1) Holds at least a commercial pilot certificate with appropriate category and class ratings; an appropriate type rating for that aircraft, if required; and for a powered-lift, a type rating for that aircraft not limited to VFR; and (2) Has had at least 500 hours’ time as a pilot, including at least 100 hours of cross-country flight time, at least 25 hours of which were at night; and (3) For an airplane, holds an instrument rating or an airline transport pilot certificate with an airplane category rating; or (4) For helicopter operations conducted VFR over-the-top, holds a helicopter instrument rating, or an airline transport pilot certificate with a category and class rating for that aircraft, not limited to VFR; or (5) For a powered-lift, holds an instrument-powered-lift rating or an airline transport pilot certificate with a powered-lift category rating. (c) Except as provided in paragraph (a) of this section, no certificate holder may use a person, nor may any person serve, as pilot in command of an aircraft under IFR unless that person(1) Holds at least a commercial pilot certificate with appropriate category and class ratings, and if required, an appropriate type rating for that aircraft (the type rating for powered-lift may not be limited to VFR); and (2) Has had at least 1,200 hours of flight time as a pilot, including 500 hours of cross country flight time, 100 hours of night flight time, and 75 hours of actual or simulated instrument time at least 50 hours of which were in actual flight; and (3) For an airplane, holds an instrument rating or an airline transport pilot certificate with an airplane category rating; or (4) For a helicopter, holds a helicopter instrument rating, or an airline transport pilot certificate with a category and class rating for that aircraft, not limited to VFR; or (5) For a powered-lift, holds an instrument-powered-lift rating or an VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 airline transport pilot certificate with a powered-lift category rating. * * * * * § 135.244 [Amended] 48. Amend § 135.244 by removing the reference ‘‘part 119’’ in the introductory text of paragraph (a) and adding in its place the reference ‘‘part 110’’. ■ 49. Amend § 135.245 by revising the introductory text of paragraph (c)(1) to read as follows: ■ § 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 viewlimiting device: * * * * * ■ 50. 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 PO 00000 Frm 00193 Fmt 4701 Sfmt 4700 92487 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. * * * * * ■ 51. 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. E:\FR\FM\21NOR2.SGM 21NOR2 92488 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (ii) On and after July 21, 2025, rotorcraft can be operated as proficiently as it would be if a second in command were present to handle air-ground communications and air traffic control instructions. The autopilot check need only be demonstrated once every 12 calendar months during the instrument proficiency check required under paragraph (a) of this section. ■ 52. Effective July 21, 2025, further amend § 135.297 by revising paragraph (g)(3) to read as follows: § 135.297 Pilot in command: Instrument proficiency check requirements. * * * * * (g) * * * (3) Each pilot taking the autopilot check must show that, while using the autopilot, the aircraft can be operated as proficiently as it would be if a second in command were present to handle 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. ■ 53. Amend § 135.339 by revising paragraphs (e)(3) and (4) to read as follows: § 135.339 Initial and transition training and checking: Check airmen (aircraft), check airmen (simulator). * * * * (e) * * * (3) Training and practice in conducting flight checks from the left and right pilot seats, or in the case of powered-lift with one pilot seat from that seat as well as providing training and instruction from an observation seat, in the required normal, abnormal, and emergency procedures to ensure competence to conduct the pilot flight checks required by this part; and (4) The safety measures to be taken from either pilot seat, or in the case of powered-lift with one pilot seat from that seat as well as providing training and instruction from an observation seat, for emergency situations that are likely to develop during checking. * * * * * ■ 54. Amend § 135.340 by revising paragraphs (e)(3) and (4) to read as follows: lotter on DSK11XQN23PROD with RULES2 * § 135.340 Initial and transition training and checking: Flight instructors (aircraft), flight instructors (simulator). * * * * * (e) * * * (3) Training and practice from the left and right pilot seats, or in the case of powered-lift with one pilot seat from that seat as well as providing training VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 and instruction from an observation seat, in the required normal, abnormal, and emergency maneuvers to ensure competence to conduct the flight instruction required by this part; and (4) The safety measures to be taken from either the left or right pilot seat, or in the case of powered-lift with one pilot seat from that seat as well as providing training and instruction from an observation seat, for emergency situations that are likely to develop during instruction. * * * * * § 141.37 PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT ■ 55. The authority citation for part 136 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 40113, 40119, 44101, 44701–44702, 44705, 44709–44711, 44713, 44716–44717, 44722, 44901, 44903– 44904, 44912, 46105. 56. 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. ■ 57. Amend § 136.75 by revising paragraph (a) introductory text to read as follows: § 136.75 Equipment and requirements. (a) Flotation equipment. No person may conduct an air tour in Hawaii in a single-engine rotorcraft beyond the shore of any island, regardless of whether the rotorcraft is within gliding distance of the shore, unless: * * * * * PART 141—PILOT SCHOOLS 58. The authority citation for part 141 continues to read as follows: Check Instructor Qualifications. * * * * * (a) * * * (3) * * * (ii) Except for a course of training for a lighter-than-air rating, hold either a current flight instructor certificate with the appropriate category and class of aircraft, or ground instructor certificate with appropriate ratings, to be used in the course of training; and * * * * * PART 142—TRAINING CENTERS 61. The authority citation for part 142 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 44701–44703, 44705, 44707, 44709–44711, 45102–45103, 45301–45302. 62. Amend § 142.1 by adding paragraph (d) to read as follows: ■ § 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. ■ 63. Amend § 142.11 by revising paragraph (d)(2)(iii) to read as follows: § 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; * * * * * ■ 64. Amend § 142.47 by revising paragraphs (a)(5) and (c)(2)(ii) to read as follows: ■ § 142.47 Training center instructor eligibility requirements. Authority: 49 U.S.C. 106(f), 40113, 44701– 44703, 44707, 44709, 44711, 45102–45103, 45301–45302. (a) * * * (5) Meets at least one of the requirements in paragraphs (a)(5)(i) through (iv) of this section: (i) Except as allowed by paragraph (a)(5)(ii) of this section, meets the aeronautical experience requirements of § 61.129(a), (b), (c), or (e) of this chapter, as applicable, excluding the required hours of instruction in preparation for the commercial pilot practical test, or holds a commercial pilot certificate with the appropriate ratings; (ii) Meets the aeronautical experience requirements of § 61.159, § 61.161, or § 61.163 of this chapter, as applicable, or holds an unrestricted airline transport pilot certificate with the appropriate ratings, if instructing: ■ 59. 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. ■ 60. Amend § 141.37 by revising paragraph (a)(3)(ii) to read as follows: PO 00000 Frm 00194 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (A) In a flight simulation training device that represents an airplane or rotorcraft requiring a type rating, a powered-lift over 12,500 pounds, or a turbojet powered powered-lift, except as provided in paragraph (a)(5)(iv) of this section, or (B) In a curriculum leading to the issuance of an airline transport pilot certificate or an added rating to an airline transport pilot certificate. (iii) Is employed as a flight simulator instructor or a flight training device instructor for a training center providing instruction and testing to meet the requirements of part 61 of this chapter on August 1, 1996. (iv) A person employed as an instructor and providing training in an FSTD that represents a rotorcraft requiring a type rating is not required to meet the aeronautical experience requirements of paragraph (a)(5)(ii) of this section and may instead meet the experience requirements of paragraph (a)(i) of this section if: (A) The person meets the experience requirements of paragraph (a)(5)(i) of this section; (B) The person is not providing training in a curriculum leading to the issuance of an airline transport pilot certificate or an added rating to an airline transport pilot certificate, and (C) The person was employed and met the remaining requirements of this section on March 21, 2025. * * * * * (c) * * * (2) * * * (ii) That is accepted by the Administrator as being of equivalent difficulty, complexity, and scope as the tests provided by the Administrator for the applicable flight instructor and instrument flight instructor knowledge tests to the aircraft category in which they are instructing. § 142.53 [Amended] 65. 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’’. ■ lotter on DSK11XQN23PROD with RULES2 § 142.57 [Amended] 66. Amend § 142.57(c) by removing the word ‘‘Airplanes’’ and adding in its place the word ‘‘Aircraft’’. ■ 67. Under the authority of 49 U.S.C. 106(f), add subchapter L, consisting of part 194, to read as follows: ■ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 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. 194.216 Alternate aeronautical experience: Pilot-in-command flight time in a powered-lift for a commercial pilot certificate with a powered-lift category rating 194.217 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. 194.219 Instructor pilots: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. 194.221 Initial cadre of instructors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. 194.223 Pilots receiving training under an approved training program: Alternate requirements for a commercial pilot certificate with a powered-lift category rating. 194.225 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging PO 00000 Frm 00195 Fmt 4701 Sfmt 4700 92489 requirements for an instrument-poweredlift rating. 194.227 Instructor pilots: Alternate aeronautical experience and logging requirements for an instrument-poweredlift rating. 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 under part 135 of this chapter. 194.245 Pilot qualification and program management requirements to operate powered-lift under subpart K to part 91 of this chapter. 194.247 Pilot qualification requirements to operate powered-lift under part 135 of this chapter. 194.249 References to class in parts 135, 141, and 142 of this chapter. 194.251 Alternate means to satisfy minimum curriculum content in training courses under part 142 of this chapter. 194.253 Alternate requirements for powered-lift without fully functional dual controls used in flight training. 194.255 Alternate requirements for powered-lift without fully functioning dual controls used in supervised operating experience when adding a type rating. Subpart C—Requirements for Persons Operating Powered-Lift 194.301 Applicability. 194.302 Provisions under part 91 of this chapter applicable to powered-lift. 194.303 IFR takeoff, approach, and landing minimums. 194.304 ATC transponder and altitude reporting equipment and use. 194.305 Applicability of copter procedures under part 97 of this chapter to poweredlift. 194.306 Provisions under part 135 of this chapter applicable to powered-lift. 194.307 Applicability of rules for eligible on-demand operations. E:\FR\FM\21NOR2.SGM 21NOR2 92490 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 194.308 Applicability of national air tour safety standards under part 136 of this chapter to powered-lift. 194.309 Applicability of flight instruction; Simulated instrument flight. 194.310 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 91 of this chapter. 194.311 Powered-lift in wing-borne flight mode, flight recorder specifications under part 91 of this chapter. 194.312 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 135 of this chapter. 194.313 Powered-lift in wing-borne flight mode, flight recorder specification under part 135 of this chapter. Subpart D—Maintenance, Preventive Maintenance, Rebuilding, and Alteration Requirements for Powered-Lift Under Part 43 of This Chapter 194.401 Applicability. 194.402 Maintenance provisions. Appendix A to Part 194. Minimum requirements for a pilot training program in a powered-lift originally type certificated or seeking type certification with one set of controls and a single pilot station. Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 40113, 44701–44705, 44707, 44712, 44713, 44715, 44716, and 44722; Sec. 955 of Pub. L. 118–63. Subpart A—General lotter on DSK11XQN23PROD with RULES2 § 194.101 Applicability. (a) The Special Federal Aviation Regulation (SFAR) in this part prescribes: (1) Certain requirements that may be satisfied in lieu of the requirements of part 61 of this chapter for persons seeking a powered-lift pilot certificate and rating, the conditions under which those certificates and ratings are necessary, and the privileges and limitations of those certificates and ratings; (2) The general operating rules applicable to all persons operating powered-lift, including those an operator must meet to conduct 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 43, 60, 61, 91, 97, 135, 136, 141, and 142 of this chapter. § 194.103 Definitions. For the purpose of this part: Aviation Safety Inspector means a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of establishing a type rating in that particular powered-lift under part 21 of this chapter, as appropriate. Extended over-water operation means a powered-lift operation over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline and more than 50 nautical miles from an off-shore heliport structure under part 91 or 135 of this chapter. FAA test pilot means a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of FAA examination or inspection of a type design for which an application for type certification has been submitted under part 21 of this chapter. Heliport means an area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters and powered-lift. Instructor pilot means a pilot employed or used by a manufacturer of a powered-lift to conduct operations of the powered-lift for the purpose of developing a proposed training curriculum and providing crew training. Manufacturer means any person who holds, or is an applicant for, a type or production certificate for an aircraft. An amateur builder under § 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. Vertical-lift flight mode means a mode of flight where a powered-lift: (1) Is in a configuration that allows vertical takeoff, vertical landing, and low-speed flight; and (2) Depends principally on enginedriven lift devices or engine thrust for lift. Wing-borne flight mode means a mode of flight where a powered-lift is not operating in the vertical-lift flight mode as defined and depends exclusively or partially on nonrotating airfoil(s) for lift during takeoff, landing, or horizontal flight. PO 00000 Frm 00196 Fmt 4701 Sfmt 4700 § 194.105 FSTDs. Qualification of powered-lift (a) For flight simulation training devices (FSTDs) representing poweredlift for which qualification standards have not been issued under part 60 of this chapter, the applicable requirements will be the portions of the flight simulation training device qualification performance standards contained in appendices A through D to part 60 of this chapter that are found by the Administrator to be appropriate for the powered-lift and applicable to a specific type design, or such FSTD qualification criteria as the Administrator may find provide an equivalent level of safety to those FSTD qualification standards. (b) Proposed qualification performance standards as set forth by paragraph (a) of this section will be published in the Federal Register for comment, except when the FAA considers public notice to be unnecessary because previous opportunities to comment on substantially identical proposed qualification performance standards have been provided. In these instances, FAA will provide personal notice and opportunity for comment. § 194.107 Expiration. This part, consisting of Special Federal Aviation Regulation (SFAR) No. 120, will remain in effect until January 21, 2035. § 194.109 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the FAA and at the National Archives and Records Administration (NARA). Contact the FAA’s Office of Rulemaking, 800 Independence Avenue SW, Washington, DC 20590; phone: (202) 267–9677. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations.html or email 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; 194.306. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (2) [Reserved] (b) U.S. Department of Transportation, Subsequent Distribution Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; phone (301) 322–5377; website: www.faa.gov/aircraft/air_cert/ design_approvals/tso/ (select the link ‘‘Search Technical Standard Orders’’). (1) TSO–C194, Technical Standard Order: Helicopter Terrain Awareness and Warning System, effective Dec. 17, 2008; into §§ 194.302; 194.306. (2) [Reserved] Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors 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. lotter on DSK11XQN23PROD with RULES2 § 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— (1) A test pilot; (2) A person authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; or (3) An FAA test pilot or aviation safety inspector. (b) Flight instructors under part 135 of this chapter. Notwithstanding the requirement in § 61.3(d)(3)(ii) of this chapter, a person must hold a flight instructor certificate with the appropriate powered-lift ratings to 18:53 Nov 20, 2024 Jkt 265001 § 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. § 194.201 Alternate definition of crosscountry time. VerDate Sep<11>2014 conduct training in accordance with a training curriculum approved to meet the requirements of § 194.243(a)(1). (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 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 PO 00000 Frm 00197 Fmt 4701 Sfmt 4700 92491 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). (c) An applicant receiving flight training under § 194.221, § 194.223, § 194.229, or § 194.231 may serve as second-in-command in a powered-lift type certificated for more than one required pilot flight crewmember without meeting the requirements of § 61.55(a)(1), (a)(2), and (b)(2) of this chapter. § 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 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.’’ E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92492 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (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.’’ (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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (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. § 194.213 Alternate endorsement requirements for certain persons seeking a powered-lift rating. (a) Notwithstanding the requirements in part 61 of this chapter for an authorized instructor to provide endorsements for certificates and ratings, including endorsements for solo flight, the following persons may provide the required logbook or training record endorsements under part 61 of this chapter and this part for a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, a powered-lift type rating, or a flight instructor certificate with powered-lift ratings— (1) An instructor pilot, provided the applicant is either— (i) A test pilot or instructor pilot for the manufacturer seeking type certification of an experimental powered-lift; (ii) A person authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; or (iii) An FAA test pilot or aviation safety inspector; or (2) A management official within the manufacturer’s organization, provided the applicant is an instructor pilot for the manufacturer of an experimental powered-lift. (b) The endorsements for training time under this section must include a description of the training given, length of training lesson, and the endorsement provider’s signature and identifying information, including certificate number and expiration date, if applicable. PO 00000 Frm 00198 Fmt 4701 Sfmt 4700 § 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 §§ 194.216 through 194.231 apply only to persons who hold at least a commercial pilot certificate with the following ratings: (1) An airplane category rating with a single-engine or multi-engine class rating and an instrument-airplane rating; or (2) A rotorcraft category rating with a helicopter class rating and an instrument-helicopter rating. (b) If no alternate aeronautical experience or logging requirement is provided under this part, the person must meet the applicable requirements under part 61 of this chapter, as appropriate. § 194.216 Alternate aeronautical experience: Pilot-in-command flight time in a powered-lift for a commercial pilot certificate with a powered-lift category rating. (a) Pilot-in-command flight time in a powered-lift. Notwithstanding the eligibility requirement specified in § 61.123(f) of this chapter, an applicant for a commercial pilot certificate with a powered-lift category rating under § 194.217, § 194.219, § 194.221, or § 194.223 may log 35 hours of pilot-incommand flight time in a powered-lift in lieu of the aeronautical experience requirement of § 61.129(e)(2)(i) of this chapter. (b) Use of full flight simulators. In addition to the permitted credit for use of a full flight simulator in § 61.129(i) of this chapter, an applicant for a commercial pilot certificate with a powered-lift category rating may credit a maximum of 15 hours toward the 35 hours of pilot-in-command flight time requirement in paragraph (a) of this section, provided— (1) The aeronautical experience was obtained performing the duties of 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: (i) For test pilots, instructor pilots, FAA test pilots, or FAA aviation safety inspectors under § 194.217 or § 194.219, as applicable, the manufacturer’s proposed training curriculum; (ii) For the initial cadre of instructors under § 194.221, the manufacturer’s training curriculum; or (iii) For pilots under § 194.223, an approved training program under part 135, 141, or 142 of this chapter. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 § 194.217 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. individuals onboard (which may be credited towards the flight time requirement in §§ 61.129(e)(2), and (e)(2)(ii) of this chapter and 194.216(a))— (i) A test pilot for the manufacturer of (a) General applicability. An applicant the powered-lift who is authorized by for a commercial pilot certificate with a the Administrator to act as pilot-inpowered-lift category rating who is a command of the experimental poweredtest pilot for the manufacturer of an lift; or experimental powered-lift, an FAA test (ii) An instructor pilot for the pilot, or an aviation safety inspector manufacturer of the powered-lift who is may satisfy the alternate aeronautical authorized by the Administrator to act experience and logging requirements set as pilot-in-command of the forth in paragraphs (b) and (c) of this experimental powered-lift. section, provided— (4) A test pilot, FAA test pilot, or (1) The flights are conducted in an aviation safety inspector may satisfy the experimental powered-lift at the alternate requirements in § 194.233 in manufacturer; lieu of the cross-country aeronautical (2) The applicant is authorized by the experience requirements specified in Administrator to act as pilot in § 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of command of the experimental poweredthis chapter. lift. (c) Alternate logging requirement. (b) Alternate aeronautical experience Notwithstanding the logging requirements. Notwithstanding the requirements in § 61.51(e)(1) of this eligibility requirement specified in chapter, an applicant for a commercial § 61.123(f) of this chapter, a test pilot, pilot certificate with a powered-lift FAA test pilot, or aviation safety category rating may log pilot-ininspector may meet the requirements in command flight time for the purpose of paragraphs (b)(1) through (4) of this satisfying the aeronautical experience section in lieu of the aeronautical requirements in §§ 61.129(e)(2)(ii) and experience requirements of 194.216(a) of this chapter for flights § 61.129(e)(3) and (4) of this chapter. when the pilot is the sole manipulator (1) A test pilot, FAA test pilot, or of the controls of an experimental aviation safety inspector may receive 20 powered-lift for which the pilot is not hours of flight training on the areas of rated, provided— operation listed in § 61.127(b)(5) of this (1) The test pilot, FAA test pilot, or chapter from an instructor pilot for the aviation safety inspector is acting as manufacturer of an experimental pilot-in-command of the experimental powered-lift in lieu of an authorized powered-lift in accordance with a letter instructor, provided— of authorization issued by the (i) The training is conducted in Administrator; and accordance with the manufacturer’s (2) The flight is conducted for the proposed training curriculum in the purpose of research and development or experimental powered-lift; and showing compliance with the (ii) The test pilot, FAA test pilot, or regulations in this chapter in aviation safety inspector receives a accordance with the experimental logbook or training record endorsement certificate issued to the powered-lift from the instructor pilot certifying that pursuant to § 21.191 of this chapter. the test pilot satisfactorily completed the training curriculum specified in § 194.219 Instructor pilots: Alternate paragraph (b)(1)(i) of this section. aeronautical experience and logging (2) A test pilot, FAA test pilot, or requirements for a commercial pilot certificate with a powered-lift category aviation safety inspector may rating. accomplish the practical test preparation requirements in (a) General applicability. An applicant § 61.129(e)(3)(iv) of this chapter with a for a commercial pilot certificate with a pilot who serves as an instructor pilot powered-lift category rating who is an for the manufacturer of the experimental instructor pilot for the manufacturer of powered-lift. an experimental powered-lift may (3) A test pilot, FAA test pilot, or satisfy the alternate aeronautical aviation safety inspector may satisfy the experience and logging requirements set aeronautical experience requirement in forth in paragraphs (b) and (c) of this § 61.129(e)(4) of this chapter by logging section, provided— at least 10 hours of solo flight time (1) The flights are conducted in an under an endorsement from an experimental powered-lift at the instructor pilot or performing the duties manufacturer; and of pilot-in-command in an experimental (2) The applicant is authorized by the powered-lift with one of the following Administrator to act as pilot-in- VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00199 Fmt 4701 Sfmt 4700 92493 command 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, FAA test pilot, or aviation safety inspector in the experimental powered-lift, which includes 20 hours of training on the areas of operation listed in § 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), and (e)(2)(ii) of this chapter and 194.216(a))— (i) A test pilot for the manufacturer of the powered-lift who is authorized by the Administrator to act as pilot-incommand of the experimental poweredlift; (ii) Another instructor pilot for the manufacturer of the powered-lift who is authorized by the Administrator to act as pilot-in-command of the experimental powered-lift; or (iii) An FAA test pilot or aviation safety inspector. (4) An instructor pilot may satisfy the alternate requirements in § 194.233 in lieu of the cross-country aeronautical experience requirements specified in E:\FR\FM\21NOR2.SGM 21NOR2 92494 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (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) and (e)(2)(ii) of this chapter and 194.216(a)). (4) An applicant may satisfy the alternate requirements in § 194.233 in lieu of the cross-country aeronautical § 194.221 Initial cadre of instructors: experience requirements specified in Alternate aeronautical experience and logging requirements for a commercial pilot § 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of certificate with a powered-lift category this chapter. rating. (c) Alternate logging requirements. (a) General applicability. An applicant Notwithstanding the logging for a commercial pilot certificate with a requirements in § 61.51(e)(1) of this powered-lift category rating may satisfy chapter, an applicant for a commercial the alternate aeronautical experience pilot certificate with a powered-lift and logging requirements set forth in category rating may log up to 25 hours paragraphs (b) and (c) of this section, of pilot-in-command flight time for the provided— purpose of satisfying the aeronautical (1) The applicant is authorized by the experience requirements in Administrator to serve as an initial §§ 61.129(e)(2)(ii) of this chapter and check pilot, chief instructor, assistant 194.216(a) for flights when the pilot is chief instructor, or training center the sole manipulator of the controls of evaluator for the purpose of initiating a powered-lift for which the pilot is not training in a powered-lift under an rated, provided— approved training program under part (1) The applicant is manipulating the 135, 141, or 142 of this chapter, as controls of the powered-lift with a appropriate; and person onboard who serves as an (2) The flights are conducted in typeinstructor pilot for the manufacturer; certificated powered-lift at the (2) The applicant is performing the manufacturer. duties of pilot-in-command; and (b) Alternate aeronautical experience (3) The flight is conducted in requirements. Notwithstanding the accordance with the manufacturer’s eligibility requirement specified in training curriculum for the powered-lift. § 61.123(f) of this chapter, an applicant may meet the requirements in § 194.223 Pilots receiving training under an approved training program: Alternate paragraphs (b)(1) through (4) of this requirements for a commercial pilot section in lieu of the aeronautical certificate with a powered-lift category experience requirements of rating. § 61.129(e)(3) and (4) of this chapter. (a) General applicability. An applicant (1) An applicant may receive 20 hours for a commercial pilot certificate with a of flight training on the areas of powered-lift category rating may satisfy operation listed in § 61.127(b)(5) of this the alternate requirements set forth in chapter from an instructor pilot for the manufacturer of the powered-lift in lieu paragraphs (b) through (d) of this section, provided the applicant is of an authorized instructor, provided— (i) The training is conducted in receiving training under an approved accordance with the manufacturer’s training program under part 135, 141, or training curriculum in the powered-lift; 142 of this chapter for the purpose of and obtaining a powered-lift category rating. lotter on DSK11XQN23PROD with RULES2 § 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)(ii) of this chapter and 194.216(a) for flights when the pilot is serving as an instructor pilot for the manufacturer of an experimental powered-lift for which the pilot is not rated, provided— (1) The pilot is acting as pilot-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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00200 Fmt 4701 Sfmt 4700 (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 25 hours of pilot-in-command time towards the aeronautical experience requirement in § 194.216(a) for flights when the applicant is the sole manipulator of the controls of a powered-lift for which the pilot is not rated, provided— (1) The applicant is manipulating the controls of the powered-lift with an authorized instructor onboard; (2) The applicant is performing the duties of pilot-in-command; and (3) The flight is conducted in accordance with an approved training program under part 135, 141, or 142 of this chapter. § 194.225 Test pilots, FAA test pilots, and aviation safety inspectors: Alternate aeronautical experience and logging requirements for an instrument-powered-lift rating. (a) General applicability. An applicant for an instrument-powered-lift rating who is test pilot for the manufacturer of an experimental powered-lift, an FAA test pilot, or aviation safety inspector may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The flights are conducted in an experimental powered-lift at the manufacturer; and (2) The applicant is authorized by the Administrator to act as pilot-incommand of the experimental poweredlift. (b) Alternate aeronautical experience requirements. A test pilot, FAA test pilot, or aviation safety inspector may meet the aeronautical experience requirements of paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.65(f)(2) of this chapter. (1) Notwithstanding the eligibility requirement in § 61.65(a)(5) of this chapter, a test pilot, FAA test pilot, or aviation safety inspector may receive 15 hours of instrument training on the areas of operation listed in § 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 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations proposed training curriculum in the experimental powered-lift; and (ii) The test pilot, FAA test pilot, or aviation safety inspector receives a logbook or training record endorsement from the instructor pilot certifying that the applicant satisfactorily completed the training curriculum specified in paragraph (b)(1)(i) of this section. (2) A test pilot, FAA test pilot, or aviation safety inspector may accomplish the practical test preparation requirements in § 61.65(f)(2)(i) of this chapter with an instructor pilot for the manufacturer of the experimental powered-lift. (3) A test pilot, FAA test pilot, or aviation safety inspector may accomplish the cross-country flight specified in § 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift rating without an authorized instructor, provided the test pilot, FAA test pilot, or aviation safety inspector— (i) Completes the cross-country flight specified in § 61.65(f)(2)(ii) of this chapter with a pilot who serves as an instructor pilot for the manufacturer of the experimental powered-lift; and (ii) Obtains a logbook or training record endorsement from the instructor pilot certifying that the person completed the cross-country flight. (4) A test pilot, FAA test pilot, or aviation safety inspector may satisfy the alternate requirements in § 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, a test pilot, FAA test pilot, or aviation safety inspector may log pilotin-command 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 pilot is the sole manipulator of the controls of an experimental powered-lift for which the pilot is not rated, provided— (1) The test pilot, FAA test pilot, or aviation safety inspector is acting as pilot-in-command of the experimental powered-lift in accordance with a letter of authorization issued by the Administrator; and (2) The flight is conducted for the purpose of research and development or showing compliance with the regulations in this chapter in accordance with the experimental certificate issued to the powered-lift pursuant to § 21.191 of this chapter. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 92495 pilot certifying that the person completed the cross-country flight. (4) An instructor pilot may satisfy the alternate requirements in § 194.235 in (a) General applicability. An applicant lieu of the cross-country aeronautical for an instrument-powered-lift rating experience requirements specified in who is an instructor pilot for the § 61.65(f)(2)(ii) of this chapter. manufacturer of an experimental (c) Alternate logging requirement. powered-lift may satisfy the alternate Notwithstanding the logging aeronautical experience and logging requirements in § 61.51(e)(3) of this requirements set forth in paragraphs (b) chapter, an instructor pilot may log and (c) of this section, provided— pilot-in-command flight time for the (1) The flights are conducted in an purpose of satisfying the 10-hour crossexperimental powered-lift at the country requirement in § 61.65(f)(1) of manufacturer; and this chapter for flights when the pilot is (2) The applicant is authorized by the serving as an instructor pilot for the Administrator to act as pilot-inmanufacturer of an experimental command of the experimental powered- powered-lift for which the pilot is not lift. rated, provided the pilot— (b) Alternate aeronautical experience (1) Is acting as pilot-in-command of requirements. An instructor pilot may the experimental powered-lift in meet the aeronautical experience accordance with a letter of authorization requirements of paragraphs (b)(1) issued by the Administrator; and through (4) of this section in lieu of the (2) The flight is conducted for the aeronautical experience requirements of purpose of crew training in accordance § 61.65(f)(2) of this chapter. with the experimental certificate issued (1) Notwithstanding the eligibility to the powered-lift pursuant to § 21.191 requirement in § 61.65(a)(5) of this of this chapter. chapter, an instructor pilot may meet § 194.229 Initial cadre of instructors: the requirements of paragraphs (b)(1)(i) Alternate aeronautical experience and and (ii) of this section in lieu of the 15 logging requirements for an instrumenthours of training with an authorized powered-lift rating. instructor required by § 61.65(f)(2) of (a) General applicability. An applicant this chapter. for an instrument-powered-lift rating (i) The instructor pilot provided the may satisfy the alternate aeronautical manufacturer’s proposed training experience and logging requirements set curriculum to a test pilot, FAA test forth in paragraphs (b) and (c) of this pilot, or aviation safety inspector in the section, provided— experimental powered-lift, which (1) The applicant is authorized by the includes 15 hours of training on the Administrator to serve as an initial areas of operation listed in § 61.65(c) of check pilot, chief instructor, assistant this chapter; and chief instructor, or training center (ii) The instructor pilot receives a evaluator for the purpose of initiating logbook or training record endorsement training in a powered-lift under an from a management official within the approved training program under part manufacturer’s organization certifying 135, 141, or 142 of this chapter, as that the instructor pilot provided the appropriate; and training specified in paragraph (b)(1)(i) (2) The flights are conducted in typeof this section. certificated powered-lift at the (2) An instructor pilot may manufacturer. accomplish the practical test (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. (b)(1) through (4) of this section in lieu (3) An instructor pilot may of the aeronautical experience accomplish the cross-country flight requirements of § 61.65(f)(2) of this specified in § 61.65(f)(2)(ii) of this chapter. chapter for an instrument-powered-lift (1) Notwithstanding the eligibility rating without an authorized instructor, requirement in § 61.65(a)(5) of this provided the instructor pilot— chapter, an applicant may receive 15 (i) Completes the cross-country flight hours of instrument training on the specified in § 61.65(f)(2)(ii) of this chapter with another pilot who serves as areas of operation listed in § 61.65(c) of this chapter from an instructor pilot for an instructor pilot for the manufacturer the manufacturer of a powered-lift in of the experimental powered-lift; and (ii) Obtains a logbook or training lieu of an authorized instructor, record endorsement from the instructor provided— § 194.227 Instructor pilots: Alternate aeronautical experience and logging requirements for an instrument-powered-lift rating. PO 00000 Frm 00201 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92496 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES2 (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. obtaining an instrument-powered-lift rating. (b) Alternate aeronautical experience requirements. 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) Use of full flight simulators. In addition to the permitted credit for use of a full flight simulator in § 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 § 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 pilotin-command during a simulated crosscountry 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. § 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 § 61.123(f) of this chapter, an applicant who does not meet the cross-country aeronautical experience requirements specified in § 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 § 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 § 194.231 Pilots receiving training under an approved training program: Alternate a powered-lift in daytime conditions requirements for an instrument-powered-lift that consists of a total straight-line rating. 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 (3) An additional cross-country flight training program under part 135, 141, or with landings at a minimum of three 142 of this chapter for the purpose of VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00202 Fmt 4701 Sfmt 4700 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 crosscountry 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 § 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. § 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 § 61.65(f)(2)(ii) of this chapter will be considered eligible for an instrumentpowered-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 crosscountry 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 § 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 E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations (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. lotter on DSK11XQN23PROD with RULES2 § 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 § 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; VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (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 to flight training must meet the following requirements— (1) Hold a commercial pilot certificate or an airline transport pilot certificate with the following ratings— (i) A powered-lift category rating; (ii) A type rating for the powered-lift used in the course; and (iii) An instrument-powered-lift rating or an airline transport pilot certificate with instrument privileges. (2) Hold a current flight instructor certificate with the following ratings— (i) A powered-lift category rating; and PO 00000 Frm 00203 Fmt 4701 Sfmt 4700 92497 (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 with a powered-lift category rating or a ground instructor rating appropriate for the course. § 194.243 Pilot certification through completion of training, testing, and checking under part 135 of this chapter. (a) Part 135 airman certification training program. (1) Subject to the requirements in subpart H to part 135 of this chapter, a certificate holder under part 119 of this chapter authorized to conduct part 135 operations may obtain approval under § 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. (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 E:\FR\FM\21NOR2.SGM 21NOR2 lotter on DSK11XQN23PROD with RULES2 92498 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 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 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (4) An applicant who fails a check under paragraph (b)(1) of this section may reapply for the check only after the applicant has received: (i) The necessary training from an authorized instructor or instructor pilot who has determined that the applicant is proficient to pass the test; and (ii) An endorsement from an authorized instructor or instructor pilot who gave the applicant the additional training. (c) Part 135 certification testing and checking personnel. The testing, competency checks, and instrument proficiency checks required by paragraph (b) of this section must be administered by one of the following: (1) An FAA Aviation Safety Inspector. (2) An Aircrew Program Designee who is authorized to perform competency checks and instrument proficiency checks for the certificate holder whose approved ground and flight training curricula has been satisfactorily completed by the pilot applicant. (3) A Training Center Evaluator with appropriate certification authority who is also authorized to perform competency checks and instrument proficiency checks for the certificate holder whose approved ground and flight training curricula has been satisfactorily completed by the pilot applicant. § 194.245 Pilot qualification and program management requirements to operate powered-lift under subpart K to part 91 of this chapter. (a) Section 91.1055(a) of this chapter applies to powered-lift operating under subpart K to part 91. (b) Reference to class of aircraft in § 91.1055(b)(2) of this chapter is inapplicable when a powered-lift is used for the operation under subpart K to 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 for which two pilots are required by the type certificate must: (1) Comply with subpart Y to part 121 of this chapter instead of the requirements of subparts G and H to part 135; and (2) Include in initial ground training for pilots in command and upgrade ground training, instruction and facilitated discussion on the following: PO 00000 Frm 00204 Fmt 4701 Sfmt 4700 (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 training device representing a poweredlift 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). E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 194.253 Alternate requirements for powered-lift without fully functional dual controls used in flight training. (a) Powered-lift equipped with an instantly accessible single, functioning control. (1) A person may utilize the alternate requirement provided in paragraph (a)(2) of this section only if the applicant holds at least the certificates and ratings set forth by § 194.215(a) and instruction is provided by: (i) An instructor pilot for the manufacturer of the powered-lift under the manufacturer’s proposed training curriculum, or (ii) A flight instructor under an approved training curriculum under part 135, 141, or 142 of this chapter, as applicable. (2) Notwithstanding the requirements of §§ 61.195(g) and 91.109(a) of this chapter, a person may operate a powered-lift that is being used for flight training without fully functioning dual controls provided— (i) The powered-lift is equipped with a single functioning flight control that is instantly accessible by both the applicant and the instructor; (ii) The single functioning flight control meets the certification standards for both pilot stations; and (iii) The instructor has determined that the flight can be conducted safely. (b) Full flight simulator training for powered-lift with single functioning controls and a single pilot station. A person may apply for a powered-lift category rating, an instrument-poweredlift rating, and a powered-lift type rating concurrently for a powered-lift with single controls and a single pilot station under an approved part 135, 141, or 142 training program by meeting the requirements set forth in appendix A to this part. (c) Deviation authority. Notwithstanding the requirements of §§ 61.195(g) and 91.109 of this chapter, the Administrator may authorize a deviation to operate a powered-lift that is being used for flight training in an approved training program under part 135, 141, or 142 without fully functioning dual controls provided: (1) The certificate holder demonstrates in a form and manner acceptable to the Administrator that— (i) The person providing the flight training and the PIC observing any applicable supervised operating experience can take immediate corrective action and full control of the powered-lift; (ii) The flight training and any applicable supervised operating experience can be effectively conducted in the powered-lift; and (2) The Administrator determines that the alternate flight training and applicable supervised operating experience set forth by paragraph (c)(1) of this section will not adversely affect safety. (3) The FAA may cancel or amend a letter of deviation authority at any time if the Administrator determines that the requirements of this section are not met or if such action is necessary in the interest of safety. § 194.255 Alternate requirements for powered-lift without fully functioning dual controls used in supervised operating experience when adding a type rating. (a) Notwithstanding § 61.64(f) of this chapter, a person who holds a poweredlift category, instrument-powered-lift rating, and powered-lift type rating and seeks an additional type rating for a powered-lift with a single functioning control and a single pilot station in accordance with §§ 61.63(d) and 61.64(a) of this chapter, and does not meet requirements of § 61.64(e), will receive a limitation on the certificate restricting the person operating the powered-lift type from carrying any person or property on the aircraft, other than necessary for the purpose of paragraph (b) of this section. (b) The limitation described in paragraph (a) of this section may be 92499 removed from the rating if the person complies with the following: (1) Performs 25 hours of flight time in the type of powered-lift for which the limitation applies under the observation of a fully rated pilot without limitations for the aircraft, maintaining full communication with the observing pilot, (2) Logs each flight and the observing pilot attests in writing to each flight, and (3) Presents evidence of the supervised operating experience to any examiner or Flight Standards office to have the limitation removed. (c) The observing pilot must have unobstructed visual sight of the controls and instrumentation. Subpart C—Requirements for Persons Operating Powered-lift § 194.301 Applicability. Unless otherwise specified by this part, persons operating powered-lift must continue to comply with rules applicable to all aircraft in parts 91, 135, and 136 of this chapter, as applicable to the operation. In addition, any sections or paragraphs within sections under parts 91 and 135 that refer to specific categories of aircraft and that are not referenced in the SFAR table to § 194.302 or § 194.306, do not apply to powered-lift. § 194.302 Provisions under part 91 of this chapter applicable to powered-lift. No person may operate a powered-lift under part 91 of this chapter unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes, helicopters, or rotorcraft, subject to the applicability provisions in the second column, and any additional requirements or clarification specified in the third column: TABLE 1 TO § 194.302 Regulation Applicability Additional requirements or clarification Part 91, Subpart A—General (a) Section 91.9 (a) and (b) of this chapter. 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. lotter on DSK11XQN23PROD with RULES2 Part 91, Subpart B—Flight Rules (b) Section 91.103(b)(1) of this chapter. (c) Section 91.107(a)(3)(i) through (iii) of this chapter. VerDate Sep<11>2014 Applies to powered-lift for which an approved Aircraft Flight Manual containing takeoff and landing distance data is required. Applies to all powered-lift .............................................................. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00205 Fmt 4701 Sfmt 4700 The exception under § 91.107(a)(3) of this chapter for seaplane and float equipped rotorcraft operations during movement on the surface applies to persons pushing off a powered-lift from the dock or persons mooring the powered-lift at the dock. E:\FR\FM\21NOR2.SGM 21NOR2 92500 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.302—Continued Regulation Applicability Additional requirements or clarification (d) Section 91.119(d) of this chapter. Applies to powered-lift operating in vertical-lift flight mode .......... (e) Section 91.126(b)(1) of this chapter. (f) Section 91.126(b)(2) of this chapter. (g) Section 91.129(e)(1) and (2), (g)(2), and (h) of this chapter. (h) Section 91.129(e)(3) of this chapter. (i) Section 91.129(f)(1) of this chapter. Applies to powered-lift operating in wing-borne flight mode ........ Under § 91.119(d) of this chapter, a powered-lift may be operated in vertical-lift flight mode at less than the minimums prescribed in § 91.119(b) or (c) of this chapter, provided each person operating the powered-lift complies with any routes or altitudes specifically prescribed for powered-lift by the FAA. If the powered-lift is operating in vertical-lift flight mode, see paragraph (f) of this section. If the powered-lift is operating in wing-borne flight mode, see paragraph (e) of this section. (j) Section 91.129(f)(2) of this chapter. Applies to powered-lift operating in vertical-lift flight mode .......... (k) Section 91.131(a)(2) of this chapter. (l) Section 91.151(a) and (b) of this chapter. Applies to large powered-lift. (m) Section 91.155(a) of this chapter. The helicopter provision under § 91.155(a) of this chapter applies to powered-lift operating in vertical-lift flight mode and at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. (n) Section 91.155(b)(1) of this chapter. Applies to powered-lift operating in the vertical-lift flight mode and at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. (o) Section 91.155(b)(2) of this chapter. Applies to powered-lift ................................................................... (p) Section 91.157(b)(3), (b)(4), and (c) of this chapter. The helicopter exceptions outlined in § 91.157(b)(3), (b)(4), and (c) of this chapter apply to powered-lift operating in vertical-lift flight mode when those aircraft are operated at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. The helicopter provisions in § 91.167(a)(3) and (b)(2)(ii) of this chapter apply to powered-lift authorized to conduct copter procedures and that have the performance capability for the entire flight to conduct a landing in the vertical-lift flight mode, as outlined in the Aircraft Flight Manual. lotter on DSK11XQN23PROD with RULES2 (q) Section 91.167(a)(3) and (b)(2)(ii) of this chapter. Applies to powered-lift operating in vertical-lift flight mode .......... Applies to large or turbine-powered powered-lift .......................... Applies to powered-lift preparing to land in wing-borne flight mode. Applies to powered-lift operating in wing-borne flight mode ........ Applies to powered-lift ................................................................... (r) Section 91.169(b)(2)(ii) and (c)(1)(ii) of this chapter. Applies to powered-lift authorized to conduct copter procedures and that have the performance capability to land in the vertical-lift flight mode, as outlined in the Aircraft Flight Manual. (s) Section 91.175(f)(2)(iii) of this chapter. Applies to powered-lift with two engines or less, that takeoff in vertical-lift flight mode, and that are authorized to conduct copter procedures. Applies to part 135 of this chapter powered-lift operators required to comply with subpart I to part 135 of this chapter. (t) Section 91.175(f)(4)(i) of this chapter. (1) If the powered-lift is operating in vertical-lift flight mode, see paragraph (j) of this section. (2) Section 91.129(f)(1) of this chapter does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by air traffic control (ATC). (1) If the powered-lift is operating in wing-borne flight mode, see paragraph (i) of this section. (2) Section 91.129(f)(2) does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by ATC. (1) A powered-lift with the performance capability, as outlined in the Aircraft Flight Manual, to conduct a landing in the verticallift flight mode along the entire route of flight may use the VFR fuel requirements outlined in § 91.151(b) of this chapter. (2) Powered-lift unable to meet the requirements of paragraph (l)(1) of this section must use the rule requirements outlined in § 91.151(a) of this chapter. (1) Except as provided in § 91.155(b) of this chapter, poweredlift that meet the requirements of paragraph (m) of this section may operate under the helicopter VFR visibility minimums outlined under § 91.155(a) of this chapter in class G airspace. (2) Powered-lift unable to meet the requirements of paragraph (m) of this section must use the VFR visibility minimums in § 91.155(a) of this chapter for aircraft other than helicopters. (1) Powered-lift that meet the requirements of paragraph (n) of this section may use the VFR visibility minimums outlined in § 91.155(b)(1) of this chapter in Class G airspace. (2) Powered-lift unable to meet the requirements of paragraph (n) of this section must use the visibility minimums outlined in § 91.155(b)(2) of this chapter. Powered-lift operating in Class G airspace that cannot meet the requirements of paragraph (n) of this section must use the VFR visibility minimums outlined under § 91.155(b)(2) of this chapter. (1) Powered-lift that meet the requirements of paragraph (q) of this section may use the helicopter provisions under § 91.167(a)(3) and (b)(2)(ii) of this chapter. (2) Powered-lift that are unable to meet the requirements outlined in paragraph (q) of this section must use the 45-minute fuel requirement outlined in § 91.167(a)(3) of this chapter and the aircraft requirement outlined in § 91.167(b)(2)(i) of this chapter. (1) Powered-lift that meet the requirements of paragraph (r) of this section may use the helicopter provisions specified in § 91.169(b)(2)(ii) and (c)(1)(ii) of this chapter. (2) Powered-lift that are unable to meet the requirements outlined in paragraph (r) of this section must use the requirements for aircraft other than helicopters under § 91.169(b)(2)(i) and (c)(1)(i) of this chapter. Powered-lift with two engines or less that are unable to meet the requirements outlined in this paragraph (s) must comply with § 91.175(f)(2)(i) of this chapter. Part 91, Subpart C—Equipment, Instrument, and Certificate Requirements (u) Section 91.205(b)(11) and (14) of this chapter. VerDate Sep<11>2014 Applies to small powered-lift ......................................................... 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00206 Fmt 4701 Sfmt 4700 Position and anti-collision lights must meet § 23.2530(b) of this chapter. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92501 TABLE 1 TO § 194.302—Continued Regulation Applicability (v) Section 91.205(d)(3)(i) of this chapter. (w) Section 91.207 of this chapter. (x) Section 91.219 of this chapter. (y) Section 91.223(a) and (c) of this chapter. Additional requirements or clarification 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. 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 TSO–C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 194.109) or a FAA-approved TAWS A/ HTAWS hybrid system. Part 91, Subpart D—Special Flight Operations (z) Section 91.313(g) of this chapter. Applies to restricted category small powered-lift. Part 91, Subpart E—Maintenance, Preventive Maintenance, and Alterations (aa) Section 91.409(e) through (h) of this chapter. Applies to technically-advanced powered-lift which are poweredlift 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. (bb) Section 91.411 of this chapter. Applies to all powered-lift. (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 (aa)(1)(i) and (ii) of this section must be continuously visible. Part 91, Subpart F—Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft (cc) Section 91.501 of this chapter. Applies to large powered-lift regardless of powerplant, as well as powered-lift operating under subpart K to part 91 of this chapter, and subject to any limitations outlined in this part. (dd) Section 91.503 of this chapter. Applies to powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (ee) Section 91.505 of this chapter. Applies to powered-lift subject to part 91 of this chapter as section. Applies to powered-lift subject to part 91 of this chapter as section. Applies to powered-lift subject to part 91 of this chapter as section. (ff) Section 91.507 of this chapter. lotter on DSK11XQN23PROD with RULES2 (gg) Section 91.509 of this chapter. to the requirements of subpart F specified in paragraph (cc) of this to the requirements of subpart F specified in paragraph (cc) of this to the requirements of subpart F specified in paragraph (cc) of this (hh) Section 91.511 of this chapter. Applies to powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (ii) Section 91.513 of this chapter. Applies to powered-lift subject to part 91 of this chapter as section. Applies to powered-lift subject to part 91 of this chapter as section. Applies to powered-lift subject to part 91 of this chapter as section. (jj) Section 91.515 of this chapter. (kk) Section 91.517 of this chapter. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Any sections or paragraphs within sections to subpart F to part 91 of this chapter that refer to a specific category of aircraft and that are not referenced in this table or the table to § 194.306, do not apply to powered-lift. Powered-lift may comply with § 91.503(a)(5) of this chapter by having the appropriate engine or multiple-engines inoperative climb performance data available at the pilot station of the aircraft. (1) Powered-lift operating over water under § 91.509(a) or (b) of this chapter 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) of this chapter 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) of this chapter may use either the nearest shore or the nearest off-shore heliport structure by which to measure the nautical mile limits provided in § 91.511(a). to the requirements of subpart F specified in paragraph (cc) of this to the requirements of subpart F specified in paragraph (cc) of this to the requirements of subpart F specified in paragraph (cc) of this Frm 00207 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92502 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.302—Continued Regulation Applicability (ll) Section 91.519 of this chapter. Applies to powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. Applies to large powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (mm) Section 91.521 of this chapter. Additional requirements or clarification (nn) Section 91.523 of this chapter. Applies to powered-lift having a seating capacity of more than 19 passengers subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (oo) Section 91.525 of this chapter. Applies to powered-lift subject to part 91 of this chapter as section. Applies to powered-lift subject to part 91 of this chapter as section. (pp) Section 91.527(a) of this chapter. (qq) Section 91.527(b)(2) and (3) of this chapter. The safety belt and shoulder harness required by § 91.521 of this chapter 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 of this chapter 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. to the requirements of subpart F specified in paragraph (cc) of this to the requirements of subpart F specified in paragraph (cc) of this Applies to powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (rr) Section 91.527(c) of this chapter. Applies to powered-lift subject to the requirements of subpart F to part 91 of this chapter as specified in paragraph (cc) of this section. (ss) Section 91.531(a)(1) and Applies to powered-lift subject to the requirements of subpart F (2), (b), and (c) of this chapter. to part 91 of this chapter as specified in paragraph (cc) of this section and that meet the additional requirements as set forth in each paragraph of § 91.531 of this chapter; § 91.531(b)(2) of this chapter applies to large powered-lift that meet the additional requirements set forth in that paragraph. (tt) Section 91.533 of this chap- Applies to powered-lift subject to the requirements of subpart F ter. to part 91 of this chapter as specified in paragraph (cc) of this section. (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) of this chapter, 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 § 194.306(xx). No pilot may fly a powered-lift into known or forecast severe icing conditions. lotter on DSK11XQN23PROD with RULES2 Part 91, Subpart G—Additional Equipment and Operating Requirements for Large and Transport Category Aircraft (uu) Section 91.603 of this chapter. Applies to large powered-lift ......................................................... (vv) Section 91.605(b)(1) of this chapter. (ww) Section 91.605(b)(2) of this chapter. (xx) Section 91.605(b)(3), (b)(4)(ii), and (c) of this chapter. (yy) Section 91.609(c), (d), (e), (i), and (j) of this chapter. Applies to large powered-lift ......................................................... (zz) Section 91.613(b)(2) of this chapter. Applies to large powered-lift ......................................................... Applies to large powered-lift ......................................................... 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. Paragraph (c) of § 91.609 of this chapter applies to powered-lift with a passenger seating configuration, excluding any pilot seats, of 10 or more seats; § 91.609(e) of this chapter 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; § 91.609(d) of this chapter applies to powered-lift required by that section to have a flight data recorder; and § 91.609(i) and (j) of this chapter apply to powered-lift required by that section to have a cockpit voice recorder and a flight data recorder. The aural speed warning device required by § 91.603 of this chapter 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. (1) Operators of powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 or more must comply with § 194.310 or § 194.311 in lieu of the appendices referenced in § 91.609(c)(1) of this chapter. (2) For compliance with § 91.609(c)(3), (e)(1), and (i) of this chapter, 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) of this chapter, 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) of this chapter 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. Part 91, Subpart K—Fractional Ownership Operations (aaa) Section 91.1037 of this chapter. (bbb) Section 91.1041(b) and (d) of this chapter. VerDate Sep<11>2014 Applies to large powered-lift subject to the requirements of subpart K to part 91 of this chapter 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 to part 91 of this chapter. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00208 Fmt 4701 Sfmt 4700 If a powered-lift operator is required to comply with this section, the operator must also comply with § 91.1025(o)(7) of this chapter. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92503 TABLE 1 TO § 194.302—Continued Regulation Applicability Additional requirements or clarification (ccc) Section 91.1045(a) of this chapter. Applies to powered-lift subject to the requirements of subpart K to part 91 of this chapter with a passenger-seat configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. (ddd) Section 91.1045(b) of this chapter. Applies to powered-lift subject to the requirements of subpart K to part 91 of this chapter with a passenger-seat configuration of 30 seats or fewer, excluding each crewmember, and a payload capacity of 7,500 pounds or less. Under § 91.1045(a)(3) of this chapter, instead of TAWS, powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that meets the requirements in TSO–C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 194.109) or a FAA-approved TAWS A/ HTAWS hybrid system. Compliance with § 91.1045(b)(3) of this chapter requires a helicopter terrain awareness and warning system that complies with § 194.306(s). TABLE 1 TO § 194.302 Regulation Applicability Additional requirements or clarification Part 91, Subpart A—General (a) Section 91.9 (a) and (b) of this chapter. 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. Part 91, Subpart B—Flight Rules (b) Section 91.103(b)(1) of this chapter. lotter on DSK11XQN23PROD with RULES2 (c) Section 91.107(a)(3)(i) through (iii) of this chapter. Applies to powered-lift for which an approved Aircraft Flight Manual containing takeoff and landing distance data is required. Applies to all powered-lift .............................................................. (d) Section 91.119(d) of this chapter. Applies to powered-lift operating in vertical-lift flight mode .......... (e) Section 91.126(b)(1) of this chapter. (f) Section 91.126(b)(2) of this chapter. (g) Section 91.129(e)(1) and (2), (g)(2), and (h) of this chapter. (h) Section 91.129(e)(3) of this chapter. (i) Section 91.129(f)(1) of this chapter. Applies to powered-lift operating in wing-borne flight mode ........ (j) Section 91.129(f)(2) of this chapter. Applies to powered-lift operating in vertical-lift flight mode .......... (k) Section 91.131(a)(2) of this chapter. (l) Section 91.151(a) and (b) of this chapter. Applies to large powered-lift. (m) Section 91.155(a) of this chapter. The helicopter provision under § 91.155(a) applies to poweredlift operating in vertical-lift flight mode and at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. (n) Section 91.155(b)(1) of this chapter. Applies to powered-lift operating in the vertical-lift flight mode and at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. (o) Section 91.155(b)(2) of this chapter. Applies to powered-lift ................................................................... VerDate Sep<11>2014 Applies to powered-lift operating in vertical-lift flight mode .......... The exception under § 91.107(a)(3) of this chapter for seaplane and float equipped rotorcraft operations during movement on the surface applies to persons pushing off a powered-lift from the dock or persons mooring the powered-lift at the dock. Under § 91.119(d) of this chapter, a powered-lift may be operated in vertical-lift flight mode at less than the minimums prescribed in § 91.119(b) or (c) of this chapter, provided each person operating the powered-lift complies with any routes or altitudes specifically prescribed for powered-lift by the FAA. If the powered-lift is operating in vertical-lift flight mode, see paragraph (f) of this section. If the powered-lift is operating in wing-borne flight mode, see paragraph (e) of this section. Applies to large or turbine-powered powered-lift. Applies to powered-lift preparing to land in wing-borne flight mode. Applies to powered-lift operating in wing-borne flight mode ........ Applies to powered-lift ................................................................... 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00209 Fmt 4701 Sfmt 4700 (1) If the powered-lift is operating in vertical-lift flight mode, see paragraph (j) of this section. (2) Section 91.129(f)(1) does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by air traffic control (ATC). (1) If the powered-lift is operating in wing-borne flight mode, see paragraph (i) of this section. (2) Section 91.129(f)(2) does not apply when the operator of a powered-lift is conducting a circling approach under part 97 of this chapter or when otherwise requested by ATC. (1) A powered-lift with the performance capability, as outlined in the Aircraft Flight Manual, to conduct a landing in the verticallift flight mode along the entire route of flight may use the VFR fuel requirements outlined in § 91.151(b). (2) Powered-lift unable to meet the requirements of paragraph (l)(1) of this section must use the rule requirements outlined in § 91.151(a). (1) Except as provided in § 91.155(b), powered-lift that meet the requirements of paragraph (m) of this section may operate under the helicopter VFR visibility minimums outlined under § 91.155(a) in class G airspace. (2) Powered-lift unable to meet the requirements of paragraph (m) of this section must use the VFR visibility minimums in § 91.155(a) for aircraft other than helicopters. (1) Powered-lift that meet the requirements of paragraph (n) of this section may use the VFR visibility minimums outlined in § 91.155(b)(1) in Class G airspace. (2) Powered-lift unable to meet the requirements of paragraph (n) of this section must use the visibility minimums outlined in § 91.155(b)(2). Powered-lift operating in Class G airspace that cannot meet the requirements of paragraph (n) of this section must use the VFR visibility minimums outlined under § 91.155(b)(2). E:\FR\FM\21NOR2.SGM 21NOR2 92504 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.302—Continued Regulation Applicability (p) Section 91.157(b)(3), (b)(4), and (c) of this chapter. The helicopter exceptions outlined in § 91.157(b)(3), (b)(4), and (c) apply to powered-lift operating in vertical-lift flight mode when those aircraft are operated at a speed that allows the pilot to see any other traffic or obstructions in time to avoid a collision. The helicopter provisions in § 91.167(a)(3) and (b)(2)(ii) apply to powered-lift authorized to conduct copter procedures and that have the performance capability for the entire flight to conduct a landing in the vertical-lift flight mode, as outlined in the Aircraft Flight Manual. (q) Section 91.167(a)(3) and (b)(2)(ii) of this chapter. Additional requirements or clarification (r) Section 91.169(b)(2)(ii) and (c)(1)(ii) of this chapter. Applies to powered-lift authorized to conduct copter procedures and that have the performance capability to land in the vertical-lift flight mode, as outlined in the Aircraft Flight Manual. (s) Section 91.175(f)(2)(iii) of this chapter. Applies to powered-lift with two engines or less, that takeoff in vertical-lift flight mode, and that are authorized to conduct copter procedures. Applies to part 135 powered-lift operators required to comply with subpart I to part 135 of this chapter. (t) Section 91.175(f)(4)(i) of this chapter. (1) Powered-lift that meet the requirements of paragraph (q) of this section may use the helicopter provisions under § 91.167(a)(3) and 91.167(b)(2)(ii). (2) Powered-lift that are unable to meet the requirements outlined in paragraph (q) of this section must use the 45-minute fuel requirement outlined in § 91.167(a)(3) and the aircraft requirement outlined in § 91.167(b)(2)(i). (1) Powered-lift that meet the requirements of paragraph (r) of this section may use the helicopter provisions specified in § 91.169(b)(2)(ii) and § 91.169(c)(1)(ii). (2) Powered-lift that are unable to meet the requirements outlined in paragraph (r) of this section must use the requirements for aircraft other than helicopters under § 91.169(b)(2)(i) and (c)(1)(i). Powered-lift with two engines or less that are unable to meet the requirements outlined in this paragraph (s) must comply with § 91.175(f)(2)(i). Part 91, Subpart C—Equipment, Instrument, and Certificate Requirements (u) Section 91.205(b)(11) and (14). (v) Section 91.205(d)(3)(i) ......... (w) Section 91.207 .................... (x) Section 91.219 ..................... (y) Section 91.223(a) and (c) .... 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. 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. Part 91, Subpart D—Special Flight Operations (z) Section 91.313(g) ................. Applies to restricted category small powered-lift. Part 91, Subpart E—Maintenance, Preventive Maintenance, and Alterations (aa) Section 91.409(e) through (h). Applies to technically-advanced powered-lift which are poweredlift 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. (bb) Section 91.411 ................... Applies to all powered-lift. (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 (aa)(1)(i) and (ii) of this section must be continuously visible. lotter on DSK11XQN23PROD with RULES2 Part 91, Subpart F—Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft (cc) Section 91.501 ................... Applies to large powered-lift regardless of powerplant, as well as powered-lift operating under subpart K to part 91, and subject to any limitations outlined in this SFAR. (dd) Section 91.503 ................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (ee) Section 91.505 ................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (ff) Section 91.507 ..................... VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00210 Fmt 4701 Sfmt 4700 Any sections or paragraphs within sections to subpart F to part 91 that refer to a specific category of aircraft and that are not referenced in the SFAR tables to this section or § 194.306, do not apply to powered-lift. 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. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92505 TABLE 1 TO § 194.302—Continued Regulation Applicability Additional requirements or clarification (gg) Section 91.509 ................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (hh) Section 91.511 ................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (ii) Section 91.513 ..................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to large powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (jj) Section 91.515 ..................... (kk) Section 91.517 ................... (ll) Section 91.519 ..................... (mm) Section 91.521 ................. (nn) Section 91.523 ................... Applies to powered-lift having a seating capacity of more than 19 passengers subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (oo) Section 91.525 ................... Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91m as specified in paragraph (cc) of this section. (pp) Section 91.527(a) ............... (qq) Section 91.527(b)(2) and (3). Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (rr) Section 91.527(c) ................ Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section and that meet the additional requirements as set forth in each paragraph of § 91.531. Section 91.531(b)(2) applies to large powered-lift that meet the additional requirements set forth in that paragraph. Applies to powered-lift subject to the requirements of subpart F to part 91 as specified in paragraph (cc) of this section. (ss) Section 91.531(a)(1) and (2), (b), and (c). (tt) Section 91.533 ..................... (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 off-shore heliport structure by which to measure the nautical mile limits provided in § 91.511(a). 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 § 194.306(xx). No pilot may fly a powered-lift into known or forecast severe icing conditions. Part 91, Subpart G—Additional Equipment and Operating Requirements for Large and Transport Category Aircraft (uu) Section 91.603 ................... Applies to large powered-lift ......................................................... (vv) Section 91.605(b)(1) ........... Applies to large powered-lift ......................................................... (ww) Section 91.605(b)(2) ......... Applies to large powered-lift ......................................................... (xx) 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. Paragraph (c) of § 91.609 applies to powered-lift with a passenger seating configuration, excluding any pilot seats, of 10 or more seats; paragraph (e) of § 91.609 applies to poweredlift with a passenger seating configuration of six or more seats and for which two pilots are required by type certification or operating rule; paragraph (d) of § 91.609 applies to poweredlift required by that section to have a flight data recorder; and paragraphs (i) and (j) of § 91.609 apply to powered-lift required by that section to have a cockpit voice recorder and a flight data recorder. lotter on DSK11XQN23PROD with RULES2 (yy) Section 91.609(c), (d), (e), (i), and (j). VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00211 Fmt 4701 Sfmt 4700 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. (1) Operators of powered-lift having a passenger seating configuration, excluding any pilot seat, of 10 or more must comply with § 194.310 or § 194.311 in lieu of the appendices referenced in § 91.609(c)(1). (2) For compliance with § 91.609(c)(3), (e)(1), and (i), poweredlift 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. E:\FR\FM\21NOR2.SGM 21NOR2 92506 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.302—Continued Regulation Applicability Additional requirements or clarification (zz) Section 91.613(b)(2) ........... Applies to large powered-lift ......................................................... 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. Part 91, Subpart K—Fractional Ownership Operations (aaa) Section 91.1037 ............... (bbb) Section 91.1041(b) and (d). (ccc) Section 91.1045(a) ........... (ddd) Section 91.1045(b) ........... Applies to large powered-lift subject to the requirements of subpart K to 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 to part 91. Applies to powered-lift subject to the requirements of subpart K to part 91 with a passenger-seat configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. Applies to powered-lift subject to the requirements of subpart K to 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. If a powered-lift operator is required to comply with this section, the operator must also comply with § 91.1025(o)(7) of this chapter. 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 (incorporated by reference, see § 194.109) 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 § 194.306(s). § 194.303 IFR takeoff, approach, and landing minimums. electrical system do not apply to powered-lift. Section 91.1039(c) of this chapter applies to all powered-lift operated under subpart K to part 91 of this chapter regardless of powerplant type. § 194.305 Applicability of copter procedures under part 97 of this chapter to powered-lift. § 194.304 ATC transponder and altitude reporting equipment and use. Notwithstanding § 194.301, the exceptions outlined in § 91.215(b)(3) and (5) of this chapter for aircraft not certificated with an engine-driven § 194.306 Provisions under part 135 of this chapter applicable 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. No person may operate a powered-lift under part 135 of this chapter unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes, helicopters, or rotorcraft, subject to the applicability provisions in the second column and any additional requirements or clarification specified in the third column. TABLE 1 TO § 194.306 Regulation Applicability Additional requirements or clarification Part 135, Subpart A—General (a) Section 135.1(a)(9) of this chapter. (b) Section 135.23(r) of this chapter. Applies to powered-lift conducting operations in accordance with subpart L of part 135 of this chapter. Applies to powered-lift required to comply with § 135.385 of this chapter as set forth in paragraphs (hhh) and (iii) of this section. lotter on DSK11XQN23PROD with RULES2 Part 135, Subpart B—Flight Operations (c) Section 135.93(a) through (f) of this chapter. Applies to all powered-lift .............................................................. (d) Section 135.117(a)(9) of this chapter. Applies to powered-lift conducting operations beyond the autorotational distance from the shoreline, as defined in § 135.168(a) of this chapter, or gliding distance of a shoreline. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00212 Fmt 4701 Sfmt 4700 (1) The requirements referencing an Airplane Flight Manual under § 135.93(b) of this chapter apply to a powered-lift’s Aircraft Flight Manual. (2) Under § 135.93(c) of this chapter, no person operating a powered-lift may use an autopilot enroute, including climb and descent, below the following— (i) Either: (A) At a minimum engagement altitude specified in the Aircraft Flight Manual; or (B) If no minimum engagement altitude is specified, 500 feet, or at an altitude that is no lower than twice the altitude loss specified in the Aircraft Flight Manual for an autopilot malfunction in cruise conditions, whichever is greater; or (ii) Notwithstanding the requirements of paragraphs (c)(2)(i)(A) and (B) of this section, at an altitude specified by the Administrator. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92507 TABLE 1 TO § 194.306—Continued Regulation (e) Section 135.128(a) of this chapter. Applicability Additional requirements or clarification Applies to all powered-lift .............................................................. The exception under § 135.128(a) of this chapter for seaplane and float equipped rotorcraft operations during movement on the surface applies to persons pushing off a powered-lift from the dock or persons mooring the powered-lift at the dock. Part 135, Subpart C—Aircraft and Equipment lotter on DSK11XQN23PROD with RULES2 (f) Section 135.145(b) of this chapter. (g) Section 135.145(d)(1) of this chapter. (h) Section 135.150(a)(7) of this chapter. Applies to all powered-lift unless the certificate holder has previously proven a powered-lift under part 135 of this chapter. 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 of this chapter. Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19. (i) Section 135.150(b)(7) of this chapter. Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19. (j) Section 135.151(a) of this chapter. 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. (k) Section 135.151(b) of this chapter. Applies to powered-lift with a passenger seating configuration of 20 or more seats. (l) Section 135.151(d) of this chapter. Applies to large powered-lift or powered-lift equipped with a cockpit voice recorder. (m) Section 135.151(g)(1) of this chapter. 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 of this chapter. (n) Section 135.151(g)(2) of this chapter. 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 of this chapter. (o) Section 135.151(h) of this chapter. (p) Section 135.152(a) of this chapter. Applies to powered-lift required to have a cockpit voice recorder and a flight data recorder under part 135 with installed datalink communication equipment. Section 135.152(a) of this chapter applies to powered-lift with a passenger seating configuration of 10 to 19 seats. (q) Section 135.152(b) introductory text and (b)(3) of this chapter. (r) Section 135.152(c), (d), (f), and (j) of this chapter. Section 135.152(b) introductory text and (b)(3) apply to powered-lift with a passenger seating configuration of 20 to 30 seats. Applies to powered-lift with a passenger seating configuration, excluding crewmember seats, of 10 to 30. (s) Section 135.154(a) and (c) of this chapter. Applies to powered-lift configured with 6 or more passenger seats, excluding any pilot seat. (t) Section 135.158 of this chapter. Applies to powered-lift equipped with a flight instrument pitot heating system. (u) Section 135.159(a)(1) of this chapter. Applies to powered-lift with a third attitude instrument system that meets the requirements of § 135.159(a)(1) of this chapter. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00213 Fmt 4701 Sfmt 4700 The public address system required by § 135.150(a)(7) of this chapter 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. The crewmember interphone system must comply with the requirements of § 135.150(b)(7) 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 certification provisions listed in § 135.151(a)(1) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 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) 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 required by § 135.151(d) of this chapter 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) 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)(2)(i) and (iv) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. Powered-lift operators must comply with § 194.312 or § 194.313 in lieu of the appendices referenced in § 135.152 of this chapter. (1) The flight recorder must be installed and equipped in accordance with the appropriate certification provisions listed in § 135.152 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. (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. Instead of TAWS, powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that meets the requirements in TSO–C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 194.109) or a FAAapproved TAWS A/HTAWS hybrid system. Under § 135.158(a) of this chapter, no person may operate a powered-lift equipped with a flight instrument pitot heating system unless the aircraft is also equipped with an operable pitot heat indication system that complies with § 23.2605 or § 25.1326 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 that provides an alert that is in clear view of a flightcrew member. E:\FR\FM\21NOR2.SGM 21NOR2 92508 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.306—Continued Regulation Additional requirements or clarification (v) Section 135.160 of this chapter. (w) Section 135.163(g) of this chapter. Applies to all powered-lift. (x) Section 135.165(d) of this chapter. 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 longrange navigation system and a single long-range communication system for extended over-water operations. Applies to powered-lift operating beyond autorotational distance or gliding distance from the shoreline. (y) Section 135.165(g)(1) of this chapter. (z) Section 135.168 of this chapter. lotter on DSK11XQN23PROD with RULES2 Applicability Applies to all powered-lift .............................................................. (aa) Section 135.169(a) of this chapter. Applies to large powered-lift ......................................................... (bb) Section 135.169(b)(1) and (b)(8) of this chapter. Applies to small powered-lift with a passenger seating configuration, excluding pilot seats, of 10 seats or more. (cc) Section 135.169(d) of this chapter. Applies to large powered-lift with a cargo or baggage compartment of 200 cubic feet or greater. (dd) Section 135.170(b)(1) of this chapter. Applies to large powered-lift; § 135.170(b)(1)(ii) applies to large powered-lift with a passenger capacity of 20 or more. (ee) Section 135.170(b)(2) of this chapter. Applies to large powered-lift ......................................................... (ff) Section 135.170(c)(2) of this chapter. Applies to large powered-lift ......................................................... (gg) Section 135.178 of this chapter. Applies to powered-lift having a passenger-seating configuration of more than 19 seats. (hh) Section 135.180 of this chapter. (ii) Section 135.181(a)(2) of this chapter. Applies to powered-lift with a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats. Applies to powered-lift ................................................................... (jj) Section 135.181(b) of this chapter. Applies to powered-lift conducting offshore passenger operations. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00214 Fmt 4701 Sfmt 4700 The two required generators may be mounted on a drivetrain that is driven by two separate powerplants as outlined in § 135.163(g) of this chapter for multi-engine helicopters. (1) The life preserver required by § 135.168(b)(1) of this chapter need not be worn but must be readily available for its intended use and easily accessible to each occupant when the powered-lift is a multiengine aircraft operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. (2) For powered-lift unable to meet the requirements of paragraph (z)(1) of this section, the occupants must wear life preservers during the flight. (3) For purposes of paragraphs (z), (ii), (jj), and (kk) of this section, critical change of thrust means a failure that would most adversely affect the performance or handling qualities of an aircraft. Powered-lift must comply with appropriate certification provisions listed in § 135.169(a) 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) Under § 135.169(b)(1) of this chapter, small powered-lift with a passenger seating configuration of 10 seats or more must comply with the applicable requirements for transport category powered-lift or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. (2) Under § 135.169(b)(8) of this chapter, small powered-lift with a passenger seating configuration of 10 seats or more must comply with the applicable requirements under part 23 of this chapter referenced in § 135.169(b)(8) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. The cargo and baggage compartments required by § 135.169(d) of this chapter must comply with the certification provisions listed in that paragraph or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. Powered-lift must comply with appropriate certification provisions listed in § 135.170(b)(1) of this chapter or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. The seat cushions required by § 135.170(b)(2) of this chapter 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) of this chapter 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 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 information outlined in § 135.180(b) of this chapter. No person may operate a multiengine powered-lift carrying passengers over-the-top or in IFR conditions at a weight that will not allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, at least 50 feet a minute when operating at the MEAs of the route to be flown or 5,000 feet MSL, whichever is higher. Multiengine powered-lift carrying passengers offshore may conduct such operations in over-the-top or in IFR conditions at a weight that will allow the powered-lift to climb at least 50 feet per minute with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, when operating at the MEA of the route to be flown or 1,500 feet MSL, whichever is higher. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92509 TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification (kk) Section 135.183(c) of this chapter. Applies to powered-lift ................................................................... No person may operate a land aircraft carrying passengers over water unless it is a multiengine aircraft operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. (ll) Section 135.183(d) of this chapter. Applies if the powered-lift is equipped with flotation devices and carrying passengers over water. Part 135, Subpart D—VFR/IFR Operating Limitations and Weather Requirements (mm) Section 135.203(a) of this chapter. Applies to powered-lift except those operating in the vertical-lift flight mode under paragraph (nn) of this section. (nn) Section 135.203(b) of this chapter. Applies to powered-lift operating in vertical-lift flight mode that are certificated and able to conduct an autorotation or an approved equivalent maneuver to a landing. Applies to all powered-lift except as provided in paragraph (pp) of this section. Applies to powered-lift operating in vertical-lift flight mode and at a speed that allows the pilot adequate opportunity to see and avoid any other air traffic or any obstructions in time to avoid a collision. Applies if the powered-lift does not have the flight instrumentation listed in § 135.159 of this chapter installed and operable. Applies to all powered-lift except as provided in paragraph (ss) of this section. (oo) Section 135.205(a) of this chapter. (pp) Section 135.205(b) of this chapter. (qq) Section 135.207 of this chapter. (rr) Section 135.209(a) of this chapter. (ss) Section 135.209(b) of this chapter. Applies to powered-lift with the performance capability, as provided in the Aircraft Flight Manual, for the entire flight to conduct a landing in the vertical-lift flight mode. (tt) Section 135.221(b) of this chapter. Applies to powered-lift authorized to conduct copter procedures and which can land in the vertical-lift flight mode, as provided in the Aircraft Flight Manual. Applies to powered-lift authorized to conduct copter procedures and that have the performance capability, as provided in the Aircraft Flight Manual, to conduct a landing in the vertical-lift flight mode for the entire flight. lotter on DSK11XQN23PROD with RULES2 (uu) Section 135.223(a)(3) of this chapter. (vv) Section 135.225(e) of this chapter. (ww) Section 135.227(b) of this chapter. Applies to all powered-lift. (xx) Section 135.227(d) of this chapter. (yy) Section 135.229(b)(2)(ii) of this chapter. Applies to powered-lift that are type certificated and appropriately equipped for operations in icing conditions. Applies to powered-lift taking off or landing in vertical-lift flight mode and equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for landing or takeoff marked by reflective material. VerDate Sep<11>2014 Applies to all powered-lift .............................................................. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00215 Fmt 4701 Sfmt 4700 The Administrator may authorize a lower minimum altitude for a powered-lift if the FAA has determined, during type certification, the lower minimum altitude enables a transition from wing-borne to vertical-lift flight mode and the aircraft can conduct a safe autorotation, or an approved equivalent maneuver, to a landing but no lower than 300 feet above the surface. Powered-lift that do not meet the requirements of this paragraph (nn) must use the VFR minimum altitudes outlined in paragraph (mm) of this section. Powered-lift that do not meet the requirements of this paragraph (pp) must use the VFR visibility requirements outlined in § 135.205(a) of this chapter. (1) The Administrator may authorize deviations from paragraph (a) of § 135.209 of this chapter for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. If the Administrator authorizes such a deviation, an operations specification will be issued to the operator containing, at a minimum, the specific routes and the VFR fuel reserve specified in minutes. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph. (2) Suitable landing area for purposes of this paragraph (rr) and paragraph (ss) of this section means an area that provides the operator reasonable capability to land without causing undue hazard to persons or property. These suitable landing areas must be site specific, designated by the operator, and accepted by the FAA. The Administrator may authorize deviations from § 135.209(b) of this chapter for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. If the Administrator authorizes such a deviation, an operations specification will be issued to the operator containing, at a minimum, the specific routes and the VFR fuel reserve specified in minutes. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph. Powered-lift that do not meet these criteria must use the alternate airport minimums specified for aircraft in § 135.221(a) of this chapter. (1) A powered-lift that meets the requirements of paragraph (uu) of this section may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3) of this chapter. (2) Powered-lift that are unable to meet the requirements outlined in paragraph (uu) of this section must use the 45-minute fuel requirement outlined in § 135.223(a)(3) 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. If a powered-lift is not taking off or landing in vertical-lift flight mode and is not equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for landing or takeoff marked by reflective material, the poweredlift must take off or land at an airport with boundary or runway marker lights. E:\FR\FM\21NOR2.SGM 21NOR2 92510 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification Part 135, Subpart F—Crewmember Flight Time and Duty Period Limitations and Rest Requirements (zz) Section 135.271 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. Part 135, Subpart I—Airplane Performance Operating Limitations (aaa) Section 135.361(a) of this chapter. As applicable to each powered-lift considering size and certification basis and subject to any limitations outlined in this part. (bbb) Section 135.363(b) through (e) of this chapter. (ccc) Section 135.363(f) of this chapter. 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 of this chapter as set forth in paragraphs (ddd) through (jjj) of this section. Applies to large powered-lift ......................................................... (ddd) Section 135.379(a) and (d) of this chapter. (eee) Section 135.379(c), (e), (f), and (g) of this chapter. Applies to large powered-lift certificated to conduct takeoff operations that utilize wing-borne lift as indicated in the aircraft flight manual. (fff) Section 135.381 of this chapter. (ggg) Section 135.383(c) of this chapter. (hhh) Section 135.385(a) of this chapter. (iii) Section 135.385(b), (d), (e), and (f) of this chapter. (jjj) Section 135.387(a) and (b) of this chapter. (kkk) Section 135.397(b) of this chapter. Any sections or paragraphs within sections to subpart I to part 135 of this chapter that refer to a specific category of aircraft and that are not referenced in the table to § 194.302 or this table, do not apply to powered-lift. The Aircraft Flight Manual must contain the takeoff weight performance information. The accelerate-stop distance required by § 135.379(c)(1) of this chapter 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. Applies to large powered-lift. Applies to large powered-lift. Applies to large powered-lift ......................................................... 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. 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. The Aircraft Flight Manual must contain the landing weight performance information. Section 135.385(f) only applies to eligible on-demand operators. (1) Powered-lift operating under § 135.387(a) of this chapter must be able to complete a full stop landing within 60 percent of the effective length of the runway. (2) Section 135.387(b) only applies to eligible on-demand operators. The Aircraft Flight Manual must contain the takeoff and landing weight performance information. Part 135, Subpart J—Maintenance, Preventive Maintenance, and Alterations (lll) Section 135.429(d) of this chapter. Applies to powered-lift that operate in remote areas or sites. lotter on DSK11XQN23PROD with RULES2 Part 135, Subpart L—Helicopter Air Ambulance Equipment, Operations, and Training Requirements (mmm) Section 135.601 of this chapter. (nnn) Section 135.603 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. (ooo) Section 135.605 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. (ppp) Section 135.607 of this chapter. (qqq) Section 135.609 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00216 Fmt 4701 Sfmt 4700 (1) Under § 135.603 of this chapter, no certificate holder may use, nor may any person serve as, a pilot in command of an air ambulance operation unless that person meets the requirements of § 135.243 of this chapter and holds a poweredlift instrument rating or an airline transport pilot certificate with a category rating for that aircraft, that is not limited to VFR. (2) See § 194.249 of this chapter for references to class in part 135 of this chapter. Powered-lift must be equipped with a helicopter terrain awareness and warning system (HTAWS) that meets the requirements in TSO–C194 and Section 2 of RTCA DO–309 (incorporated by reference, see § 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: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 2 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 800 feet and visibility of 3 SM; and (iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. (2) For nonmountainous, non-local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 3 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 3 SM. (iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92511 TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification (3) For mountainous local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 3 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 3 SM. (iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 3 SM. (4) For mountainous non-local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 1000 feet and visibility of 3 SM; and (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 5 SM; (iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 5 SM. (rrr) Section 135.611 of this chapter. (sss) Section 135.613(a) of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. (ttt) Section 135.613(b) of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135. (uuu) Section 135.615 of this chapter. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. (vvv) Section 135.617 of this chapter. (www) Section 135.619 ............. Applies to powered-lift conducting operations in accordance with subpart L to part 135 of this chapter. 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 to part 135 of this chapter. lotter on DSK11XQN23PROD with RULES2 (xxx) Section 135.621 ................ VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00217 Fmt 4701 Sfmt 4700 (1) Section 135.613(a)(1) of this chapter only applies to powered-lift equipped and certified to conduct PinS approaches annotated with a ‘‘Proceed VFR’’ segment. (2) The applicable VFR weather minimums under § 135.613(a)(2) of this chapter for powered-lift operating in the wing-borne flight mode are: (i) For Day Operations: No less than a 1000-foot ceiling and 2 statute miles flight visibility; and (ii) For Night Operations: No less than a 1500-foot ceiling and 3 statute miles flight visibility. (3) The applicable VFR weather minimums under § 135.613(a)(2) of this chapter for powered-lift operating in the vertical-lift mode are: (i) For Day Operations: No less than a 600-foot ceiling and 2 statute miles flight visibility; and (ii) For Night Operations: No less than a 600-foot ceiling and 3 statute miles flight visibility. (1) Under § 135.613(b)(1) of this chapter, for transitions from VFR to IFR upon departure, the VFR weather minimums outlined for powered-lift under paragraph (sss) of this section apply if: (i) An FAA-approved obstacle departure procedure is followed; and (ii) An IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location. (2) Under § 135.613(b)(2) of this chapter, if the departure does not meet the requirements of paragraph (ttt)(1) of this section, the VFR weather minimums required by the SFAR for the class of airspace apply. (1) For powered-lift operating in wing-borne flight mode during the enroute phase of flight, under § 135.615(a)(3) of this chapter, (b), and (c), the following minimums apply: (i) For day operations: no less than 500 feet above the surface or no less than 500 feet horizontally from any obstacle; or (ii) For night operations: at an altitude no less than 1,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown or, in designated mountainous terrain, no less than 2,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown. (2) For powered-lift operating in vertical-lift flight mode during the enroute phase of flight, under § 135.615(a)(3), (b), and (c) of this chapter the following minimums apply: (i) No less than 300 feet for day operations. (ii) No less than 500 feet for night operations. E:\FR\FM\21NOR2.SGM 21NOR2 92512 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.306 Regulation Applicability Additional requirements or clarification Part 135, Subpart A—General (a) Section 135.1(a)(9) .............. (b) Section 135.23(r) ................. Applies to powered-lift conducting operations in accordance with subpart L to part 135. Applies to powered-lift required to comply with § 135.385 as set forth in paragraphs (hhh) and (iii) of this section. Part 135, Subpart B—Flight Operations (c) Section 135.93(a) through (f) Applies to all powered-lift .............................................................. (d) Section 135.117(a)(9) .......... 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 .............................................................. (e) Section 135.128(a) ............... (1) The requirements referencing an Airplane Flight Manual under § 135.93(b) apply to a powered-lift’s Aircraft Flight Manual. (2) Under § 135.93(c), no person operating a powered-lift may use an autopilot enroute, including climb and descent, below the following— (i) Either: (A) At a minimum engagement altitude specified in the Aircraft Flight Manual; or (B) If no minimum engagement altitude is specified, 500 feet, or at an altitude that is no lower than twice the altitude loss specified in the Aircraft Flight Manual for an autopilot malfunction in cruise conditions, whichever is greater; or (ii) Notwithstanding the requirements of paragraphs (c)(2)(i)(A) and (B) of this section, at an altitude specified by the Administrator. 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. Part 135, Subpart C—Aircraft and Equipment (f) Section 135.145(b) ................ (g) Section 135.145(d)(1) .......... lotter on DSK11XQN23PROD with RULES2 (h) Section 135.150(a)(7) .......... 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. (i) Section 135.150(b)(7) ........... Applies to large powered-lift with a passenger seating configuration, excluding any pilot seat, of more than 19. (j) 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. (k) Section 135.151(b) ............... Applies to powered-lift with a passenger seating configuration of 20 or more seats. (l) Section 135.151(d) ................ Applies to large powered-lift or powered-lift equipped with a cockpit voice recorder. (m) Section 135.151(g)(1) ......... 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. (n) Section 135.151(g)(2) .......... 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. (o) Section 135.151(h) ............... Applies to powered-lift required to have a cockpit voice recorder and a flight data recorder under part 135 with installed datalink communication equipment. Paragraph (a) of § 135.152 applies to powered-lift with a passenger seating configuration of 10 to 19 seats. (p) Section 135.152(a) ............... VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00218 Fmt 4701 Sfmt 4700 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. 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. Powered-lift operators must comply with § 194.312 or § 194.313 in lieu of the appendices referenced in § 135.152. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92513 TABLE 1 TO § 194.306—Continued Regulation Applicability (q) 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 with a passenger seating configuration, excluding crewmember seats, of 10 to 30. (r) Section 135.152(c), (d), (f), and (j). (s) Section 135.154(a) and (c) .. Applies to powered-lift configured with 6 or more passenger seats, excluding any pilot seat. (t) Section 135.158 .................... Applies to powered-lift equipped with a flight instrument pitot heating system. (u) Section 135.159(a)(1) .......... Applies to powered-lift with a third attitude instrument system that meets the requirements of paragraph (a)(1) of § 135.159. Applies to all powered-lift. Applies to all powered-lift .............................................................. (v) Section 135.160 ................... (w) Section 135.163(g) .............. (x) Section 135.165(d) ............... (y) Section 135.165(g)(1) .......... (z) Section 135.168 ................... lotter on DSK11XQN23PROD with RULES2 Additional requirements or clarification 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 longrange navigation system and a single long-range communication system for extended over-water operations. Applies to powered-lift operating beyond autorotational distance or gliding distance from the shoreline. (aa) Section 135.169(a) ............. Applies to large powered-lift ......................................................... (bb) Section 135.169(b)(1) and (b)(8). Applies to small powered-lift with a passenger seating configuration, excluding pilot seats, of 10 seats or more. (cc) Section 135.169(d) ............. Applies to large powered-lift with a cargo or baggage compartment of 200 cubic feet or greater. (dd) Section 135.170(b)(1) ........ Applies to large powered-lift; paragraph (b)(1)(ii) of § 135.170 applies to large powered-lift with a passenger capacity of 20 or more. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00219 Fmt 4701 Sfmt 4700 (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. (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. 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. Under § 135.158(a), no person may operate a powered-lift equipped with a flight instrument pitot heating system unless the aircraft is also equipped with an operable pitot heat indication system that complies with § 23.2605 of this chapter, or § 25.1326 of this chapter, or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) that provides an alert that is in clear view of a flightcrew member. 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. (1) The life preserver required by § 135.168(b)(1) need not be worn but must be readily available for its intended use and easily accessible to each occupant when the powered-lift is a multiengine aircraft operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. (2) For powered-lift unable to meet the requirements of paragraph (z)(1) of this section, the occupants must wear life preservers during the flight. (3) For purposes of paragraphs (z), (ii), (jj), and (kk) of this section, critical change of thrust means a failure that would most adversely affect the performance or handling qualities of an aircraft. 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. (1) Under § 135.169(b)(1), small powered-lift with a passenger seating configuration of 10 seats or more must comply with the applicable requirements for transport category powered-lift or such airworthiness criteria as the FAA may find provide an equivalent level of safety in accordance with § 21.17(b) of this chapter. (2) Under § 135.169(b)(8), small powered-lift with a passenger seating configuration of 10 seats or more must comply with the applicable requirements under part 23 of this chapter referenced in § 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. E:\FR\FM\21NOR2.SGM 21NOR2 92514 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification (ee) Section 135.170(b)(2) ........ Applies to large powered-lift ......................................................... (ff) Section 135.170(c)(2) .......... Applies to large powered-lift ......................................................... (gg) Section 135.178 ................. Applies to powered-lift having a passenger-seating configuration of more than 19 seats. (hh) Section 135.180 ................. Applies to powered-lift with a passenger seat configuration, excluding any pilot seat, of 10 to 30 seats. Applies to powered-lift ................................................................... 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. The Aircraft Flight Manual must contain the information outlined in § 135.180(b). No person may operate a multiengine powered-lift carrying passengers over-the-top or in IFR conditions at a weight that will not allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, at least 50 feet a minute when operating at the MEAs of the route to be flown or 5,000 feet MSL, whichever is higher. Multiengine powered-lift carrying passengers offshore may conduct such operations in over-the-top or in IFR conditions at a weight that will allow the powered-lift to climb at least 50 feet per minute with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, when operating at the MEA of the route to be flown or 1,500 feet MSL, whichever is higher. No person may operate a land aircraft carrying passengers over water unless it is a multiengine aircraft operated at a weight that will allow it to climb, with the critical engine inoperative or while experiencing a critical change of thrust as defined in paragraph (z) of this section, at least 50 feet a minute, at an altitude of 1,000 feet above the surface. (ii) Section 135.181(a)(2) ........... (jj) Section 135.181(b) ............... Applies to powered-lift conducting offshore passenger operations. (kk) Section 135.183(c) ............. Applies to powered-lift ................................................................... (ll) Section 135.183(d) ............... Applies if the powered-lift is equipped with flotation devices and carrying passengers over water. Part 135, Subpart D—VFR/IFR Operating Limitations and Weather Requirements (mm) Section 135.203(a) ........... Applies to powered-lift except those operating in the vertical-lift flight mode under paragraph (nn) of this section. (nn) Section 135.203(b) ............. Applies to powered-lift operating in vertical-lift flight mode that are certificated and able to conduct an autorotation or an approved equivalent maneuver to a landing. Applies to all powered-lift except as provided in paragraph (pp) of this section. Applies to powered-lift operating in vertical-lift flight mode and at a speed that allows the pilot adequate opportunity to see and avoid any other air traffic or any obstructions in time to avoid a collision. Applies if the powered-lift does not have the flight instrumentation listed in § 135.159 installed and operable. Applies to all powered-lift except as provided in paragraph (ss) of this section. (oo) Section 135.205(a) ............. (pp)Section 135.205(b) .............. (qq) Section 135.207 ................. (rr) Section 135.209(a) .............. lotter on DSK11XQN23PROD with RULES2 (ss) Section 135.209(b) ............. VerDate Sep<11>2014 Applies to powered-lift with the performance capability, as provided in the Aircraft Flight Manual, for the entire flight to conduct a landing in the vertical-lift flight mode. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00220 Fmt 4701 Sfmt 4700 The Administrator may authorize a lower minimum altitude for a powered-lift if the FAA has determined, during type certification, the lower minimum altitude enables a transition from wing-borne to vertical-lift flight mode and the aircraft can conduct a safe autorotation, or an approved equivalent maneuver, to a landing but no lower than 300 feet above the surface. Powered-lift that do not meet the requirements of this paragraph (nn) must use the VFR minimum altitudes outlined in paragraph (mm) of this section. Powered-lift that do not meet the requirements of this paragraph (pp) must use the VFR visibility requirements outlined in § 135.205(a). (1) The Administrator may authorize deviations from paragraph (a) of § 135.209 for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. If the Administrator authorizes such a deviation, an operations specification will be issued to the operator containing, at a minimum, the specific routes and the VFR fuel reserve specified in minutes. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph. (2) Suitable landing area for purposes of this paragraph (rr) and paragraph (ss) of this section means an area that provides the operator reasonable capability to land without causing undue hazard to persons or property. These suitable landing areas must be site specific, designated by the operator, and accepted by the FAA. The Administrator may authorize deviations from paragraph (b) of § 135.209 for specific routes with one or more predetermined suitable landing areas if the FAA finds the operation can be conducted safely. If the Administrator authorizes such a deviation, an operations specification will be issued to the operator containing, at a minimum, the specific routes and the VFR fuel reserve specified in minutes. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92515 TABLE 1 TO § 194.306—Continued Regulation Applicability (tt) Section 135.221(b) ............... Applies to powered-lift authorized to conduct copter procedures and which can land in the vertical-lift flight mode, as provided in the Aircraft Flight Manual. Applies to powered-lift authorized to conduct copter procedures and that have the performance capability, as provided in the Aircraft Flight Manual, to conduct a landing in the vertical-lift flight mode for the entire flight. (uu) Section 135.223(a)(3) ........ Additional requirements or clarification Powered-lift that do not meet these criteria must use the alternate airport minimums specified for aircraft in § 135.221(a). (1) A powered-lift that meets the requirements of paragraph (uu) of this section may use the 30-minute fuel requirements specified for helicopters in § 135.223(a)(3). (2) Powered-lift that are unable to meet the requirements outlined in paragraph (uu) of this section must use the 45-minute fuel requirement outlined in § 135.223(a)(3). (vv) Section 135.225(e) ............. (ww) Section 135.227(b) ........... Applies to all powered-lift. Applies to all powered-lift .............................................................. (xx) Section 135.227(d) ............. Applies to powered-lift that are type certificated and appropriately equipped for operations in icing conditions. Applies to powered-lift taking off or landing in vertical-lift flight mode and equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for landing or takeoff marked by reflective material. (yy) Section 135.229(b)(2)(ii) ..... (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. If a powered-lift is not taking off or landing in vertical-lift flight mode and is not equipped with landing lights oriented in a direction that enables the pilot to see the area to be used for landing or takeoff marked by reflective material, the poweredlift must take off or land at an airport with boundary or runway marker lights. Part 135, Subpart F—Crewmember Flight Time and Duty Period Limitations and Rest Requirements (zz) Section 135.271 ................. Applies to powered-lift conducting operations in accordance with subpart L to part 135. Part 135, Subpart I—Airplane Performance Operating Limitations (aaa) Section 135.361(a) ........... As applicable to each powered-lift considering size and certification basis and subject to any limitations outlined in this SFAR. (bbb) Section 135.363(b) through (e). (ccc) Section 135.363(f) ............ 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 (ddd) through (jjj) of this section. Applies to large powered-lift ......................................................... (ddd) Section 135.379(a) and (d). (eee) Section 135.379(c), (e), (f), and (g). Applies to large powered-lift certificated to conduct takeoff operations that utilize wing-borne lift as indicated in the aircraft flight manual. (fff) Section 135.381 .................. (ggg) Section 135.383(c) ........... (hhh) Section 135.385(a) ........... Applies to large powered-lift. Applies to large powered-lift. Applies to large powered-lift ......................................................... (iii) 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. (jjj) Section 135.387(a) and (b) (kkk) 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. Any sections or paragraphs within sections to subpart I to part 135 that refer to a specific category of aircraft and that are not referenced in the SFAR tables to § 194.302 or this section, do not apply to powered-lift. The Aircraft Flight Manual must contain the takeoff weight performance information. The accelerate-stop distance required by § 135.379(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 on-demand 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. Part 135, Subpart J—Maintenance, Preventive Maintenance, and Alterations (lll) Section 135.429(d) .............. Applies to powered-lift that operate in remote areas or sites. Part 135, Subpart L—Helicopter Air Ambulance Equipment, Operations, and Training Requirements lotter on DSK11XQN23PROD with RULES2 (mmm) Section 135.601 ............ (nnn) Section 135.603 ............... VerDate Sep<11>2014 Applies to powered-lift conducting operations in accordance with subpart L to part 135. Applies to powered-lift conducting operations in accordance with subpart L to part 135. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00221 Fmt 4701 Sfmt 4700 (1) Under § 135.603, no certificate holder may use, nor may any person serve as, a pilot in command of an air ambulance operation unless that person meets the requirements of § 135.243 and holds a powered-lift instrument rating or an airline transport pilot certificate with a category rating for that aircraft, that is not limited to VFR. (2) See § 194.249 for references to class in part 135. E:\FR\FM\21NOR2.SGM 21NOR2 92516 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification (ooo) Section 135.605 ............... Applies to powered-lift conducting operations in accordance with subpart L to 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. (ppp) Section 135.607 ............... Applies to powered-lift conducting operations in accordance with subpart L to part 135. Applies to powered-lift conducting operations in accordance with subpart L to part 135. (qqq) Section 135.609 ............... (rrr) Section 135.611 ................. (sss) Section 135.613(a) ........... lotter on DSK11XQN23PROD with RULES2 (ttt) Section 135.613(b) .............. VerDate Sep<11>2014 Applies to powered-lift conducting operations in accordance with subpart L to part 135. Applies to powered-lift conducting operations in accordance with subpart L to part 135. Applies to powered-lift conducting operations in accordance with subpart L to part 135. 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00222 Fmt 4701 Sfmt 4700 (1) For nonmountainous local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 2 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 800 feet and visibility of 3 SM; and (iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. (2) For nonmountainous, non-local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 3 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 3 SM. (iii) During night operations in a wing-borne flight mode, a ceiling of 1500 feet and visibility of 3 SM. (3) For mountainous local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 800 feet and visibility of 3 SM; (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 3 SM. (iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 3 SM. (4) For mountainous non-local flying areas, powered-lift must comply with the following weather minimums: (i) During day operations in a vertical-lift or wing-borne flight mode, a ceiling of 1000 feet and visibility of 3 SM; and (ii) During night operations in a vertical-lift flight mode, a ceiling of 1000 feet and visibility of 5 SM; (iii) During night operations in a wing-borne flight mode, a ceiling of 2500 feet and visibility of 5 SM. (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 VFR weather minimums under § 135.613(a)(2) for powered-lift operating in the wing-borne flight mode are: (i) For Day Operations: No less than a 1000-foot ceiling and 2 statute miles flight visibility; and (ii) For Night Operations: No less than a 1500-foot ceiling and 3 statute miles flight visibility. (3) The applicable VFR weather minimums under § 135.613(a)(2) for powered-lift operating in the vertical-lift mode are: (i) For Day Operations: No less than a 600-foot ceiling and 2 statute miles flight visibility; and (ii) For Night Operations: No less than a 600-foot ceiling and 3 statute miles flight visibility. (1) Under § 135.613(b)(1), for transitions from VFR to IFR upon departure, the VFR weather minimums outlined for poweredlift under paragraph (sss) of this section apply if: (i) An FAA-approved obstacle departure procedure is followed; and (ii) An IFR clearance is obtained on or before reaching a predetermined location that is not more than 3 NM from the departure location. (2) Under § 135.613(b)(2), if the departure does not meet the requirements of paragraph (ttt)(1) of this section, the VFR weather minimums required by the SFAR for the class of airspace apply. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92517 TABLE 1 TO § 194.306—Continued Regulation Applicability Additional requirements or clarification (uuu) Section 135.615 ............... Applies to powered-lift conducting operations in accordance with subpart L to part 135. (1) For powered-lift operating in wing-borne flight mode during the enroute phase of flight, under § 135.615(a)(3), (b), and (c), the following minimums apply: (i) For day operations: no less than 500 feet above the surface or no less than 500 feet horizontally from any obstacle; or (ii) For night operations: at an altitude no less than 1,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown or, in designated mountainous terrain, no less than 2,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown. (2) For powered-lift operating in vertical-lift flight mode during the enroute phase of flight, under § 135.615(a)(3), (b), and (c) the following minimums apply: (i) No less than 300 feet for day operations. (ii) No less than 500 feet for night operations. (vvv) Section 135.617 ................ Applies to powered-lift conducting operations in accordance with subpart L to part 135. 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 to part 135. (www) Section 135.619 ............. (xxx) Section 135.621 ................ § 194.307 Applicability of rules for eligible on-demand operations. No person may operate a powered-lift in an eligible on-demand operation under part 135 of this chapter without complying with the requirements specified for the second in command of a fixed-wing aircraft contained in § 135.4(a)(3) of this chapter. § 194.308 Applicability of national air tour safety standards under part 136 of this chapter to powered-lift. (a) Persons operating powered-lift in commercial air tours must continue to comply with rules applicable to all aircraft in part 136 of this chapter, as applicable to the operation. (b) Suitable landing area, as defined in § 136.1 of this chapter, applies to powered-lift conducting commercial air tours. (c) Critical change of thrust for purposes of this section means a failure that would most adversely affect the performance or handling qualities of an aircraft. (d) No person may operate a poweredlift in a commercial air tour unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes or rotorcraft, subject to the applicability provisions in the second column, and any additional requirements or clarification specified in the third column: TABLE 1 TO § 194.308 Regulation Applicability Additional Requirements or Clarification lotter on DSK11XQN23PROD with RULES2 Part 136, Subpart A National Air Tour Safety Standards (1) Section 136.9 ....................... Applies to powered-lift used in commercial air tours over water beyond the shoreline. (2) Section 136.11 ..................... Applies to powered-lift used in commercial air tours over water beyond the shoreline. (3) Section 136.13 ..................... (4) Section 136.75(a) ................. Applies to powered-lift. Applies to all single-engine powered-lift conducting air tours in Hawaii beyond the shore of any island. Applies to powered-lift. Applies to powered-lift with an Aircraft Flight Manual containing height velocity information. (5) Section 136.75(b) ................. (6) Section 136.75(c) ................. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00223 Fmt 4701 Sfmt 4700 (i) Section 136.9(b)(2) applies to powered-lift operating in wingborne flight mode within power-off gliding distance to the shoreline for the duration of the time that the flight is over water. (ii) Section 136.9(b)(3), applies to multiengine powered-lift that can be operated with the critical engine inoperative or while experiencing a critical change of thrust, at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. (i) Section 136.11(a)(1) applies to single-engine powered-lift. (ii) Section 136.11(a)(2) applies to multi-engine powered-lift that cannot be operated with the critical engine inoperative or while experiencing a critical change of thrust, at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. Except for approach to and transition from a hover, and except for the purpose of takeoff and landing, the PIC of a poweredlift may only operate such aircraft at a combination of height and forward speed (including hover) that would permit a safe landing in the event of engine power loss or critical change of thrust, in accordance with the height-speed envelope for that powered-lift under current weight and aircraft altitude. E:\FR\FM\21NOR2.SGM 21NOR2 92518 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 194.309 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. § 194.310 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 91 of this chapter. TABLE 1 TO § 194.310 Parameters Range Installed system1 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 ..................................................... 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 or 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: Pilot Inputted—Primary Controls (I.E. Ascent, descent, acceleration, and deceleration, heading and directional control for all axis). Controllable Stabilator Position ................ ±1.5% max. range excluding datum error of ±5%. ±2° .......................................... ±2° .......................................... Resolution 3 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. § 194.311 Powered-lift in wing-borne flight mode, flight recorder specifications under part 91 of this chapter. TABLE 1 TO § 194.311 Parameters Range Installed system1 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 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 .............................. lotter on DSK11XQN23PROD with RULES2 Altitude ............................................................. Stabilizer Trim Position, or ............................... ±1.5% max. range excluding datum error of ±5%. ±2° .......................................... ±2° .......................................... ±3% unless higher uniquely required. Pitch Control Position VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00224 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 Resolution read out 0.01g. Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 92519 TABLE 1 TO § 194.311—Continued Parameters Installed system1 minimum accuracy (to recovered data) Range 1 ............................................. 1%.3 Maximum Range .................... 1 ............................................. 1%.3 ................................................. ................................................. ±8,000 fpm ............................. ±10%. Resolution 250 fpm below 12,000 ft. indicated.. ±2° .......................................... 1 (prop Speed) ....................... 1 (torque) ................................ 1 ............................................. 1%.3 1%.3 250 fpm. below 12,000. 0.8%.3 Full Range .............................. 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) .................. Thrust Reverser, Each Engine (Discrete) ........ Spoiler/Speedbrake (Discrete) ......................... Autopilot Engaged (Discrete) ........................... Resolution read out ±3% unless higher uniquely required. ±5% ........................................ Engine Power, Each Engine: ................... LE Flaps (Discrete or Analog) .................. Sampling interval (per second) ¥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 ............................................. ................................................. ................................................. 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. § 194.312 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 135 of this chapter. TABLE 1 TO § 194.312 Parameters Range Installed system1 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 ............................................................. lotter on DSK11XQN23PROD with RULES2 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° .......................................... 1 When Resolution read out 0.03g. 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. VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 PO 00000 Frm 00225 Fmt 4701 Sfmt 4700 E:\FR\FM\21NOR2.SGM 21NOR2 92520 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations § 194.313 Powered-lift in wing-borne flight mode, flight recorder specification under part 135 of this chapter. TABLE 1 TO § 194.313 Parameters Range Installed system1 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° ±3% unless higher uniquely required. 1 ............................................. 1%.3 Full range ............................... ±3% unless higher uniquely required. 1 ............................................. 1%.3 Maximum range ..................... ±5% ........................................ 1 ............................................. 1%.3 ................................................. ................................................. 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 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) .................... .......................................................................... 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 ......... ±1.5% max. range excluding datum error of ±5%. ±2° .......................................... ±2° .......................................... Resolution read out 0.01g. 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. lotter on DSK11XQN23PROD with RULES2 § 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 VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (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. (1) A ‘‘critical part’’ has the same meaning as provided in §§ 27.602 and 29.602 of this chapter. (2) [Reserved] PO 00000 Frm 00226 Fmt 4701 Sfmt 4700 Appendix A to Part 194. Minimum Requirements for a Pilot Training Program in a Powered-Lift Originally Type Certificated or Seeking Type Certification With One Set of Controls and a Single Pilot Station 1. Applicability (a) This appendix prescribes the minimum requirements to apply for a pilot training program for the following ratings in a powered-lift originally type certificated or seeking type certification with one set of controls and a single pilot station: (1) Powered-lift Category; (2) Powered-lift Type; (3) Instrument-Powered-lift. (b) Notwithstanding the exceptions in § 194.211, a person utilizing the alternate pathway set forth in this appendix must apply for all three ratings simultaneously. E:\FR\FM\21NOR2.SGM 21NOR2 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations 2. Eligibility (a) To utilize the alternate framework set forth by this appendix, an applicant must be qualified in accordance with the requirements set forth by § 194.215(a). (b) The alternate framework set forth in this appendix may only be provided under a part 135, 141, or 142 approved training program. 3. Ground Training (a) An applicant must receive and log all required ground training set forth by §§ 61.63(b) and 61.65(b) of this chapter prior to receiving training in accordance with section 4. of this appendix. (b) Following the required ground training as set forth in paragraph (a) of this section, an applicant must successfully complete a written or oral check administered by the training provider. lotter on DSK11XQN23PROD with RULES2 4. Simulator Training in a Level C or Higher Full Flight Simulator Representative of a Powered-Lift With Single Controls and a Single Pilot Station (a) In lieu of flight training in a poweredlift with single controls and a single pilot station, an applicant seeking a powered-lift category rating, instrument rating, and a type rating may complete all applicable flight training requirements prescribed in part 61 of this chapter or the corresponding framework prescribed in §§ 194.217 through 194.235 (except for the cross-country requirements in § 194.233), as applicable, in a qualified Level C or higher full flight simulator representative of the powered-lift type with single controls and a single pilot station. (b) Following the training set forth in paragraph (a) of this section, the applicant must satisfactorily accomplish a check with a check pilot, a training center evaluator, an authorized instructor, instructor pilot, an FAA aviation safety inspector, or another person authorized by the FAA to administer this check in a qualified Level C or higher full flight simulator in accordance with the approved training program. The check must consist of oral questioning followed by the satisfactory performance of all the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrument-powered-lift rating and for the issuance of a powered-lift type rating, except those tasks waived in accordance with § 194.207(c). 5. Aircraft Familiarity Flight (a) Within 90 days of an applicant’s successful completion of the check set forth by section 4.(b) of this appendix, the applicant must observe an aircraft familiarity flight with an authorized instructor. (b) The aircraft familiarity flight must include the following components: (1) The authorized instructor must demonstrate the flight maneuvers and procedures required for the issuance of a commercial pilot certificate with a poweredlift category rating, for the issuance of an instrument-powered-lift rating and for the issuance of a powered-lift type rating, except those tasks waived in accordance with § 194.207(c), in the aircraft in flight, and VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (2) The applicant must have unobstructed visual sight of the controls and instrumentation and maintain active communication with the authorized instructor for the entire flight. (c) The aircraft familiarity flight may occur during one flight or over multiple flights. (d) Following successful completion of the aircraft familiarity flight, the authorized instructor may endorse the applicant to act as pilot in command of the specific poweredlift to accomplish the demonstration flight with an authorized instructor on board as set forth in section 6.(a) of this appendix. The endorsement is valid for 90 days from the date of successful completion of the full flight simulator check set forth by section 4.(b) of this appendix. 6. Demonstration and Solo Flights (a) Demonstration flight. (1) After an applicant receives an endorsement to act as PIC in accordance with section 5.(d) of this appendix, the applicant must complete a demonstration flight under the direct observation of an authorized instructor. (2) The demonstration flight must include the following components: (i) The applicant must demonstrate the flight maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrument-powered-lift rating and for the issuance of a powered-lift type rating, except those tasks waived in accordance with § 194.207(c), in the aircraft in flight, and (ii) The authorized instructor must have unobstructed visual sight of the controls and instrumentation and maintain active communication with the applicant for the entire flight. (3) The demonstration flight may occur during one flight or over multiple flights. (4) Upon determination that the applicant has demonstrated satisfactory proficiency in the aircraft, the check pilot, training center evaluator, authorized instructor, instructor pilot, FAA aviation safety inspector, or another person authorized by the FAA to administer this check may endorse the applicant to act as pilot in command of the specific powered-lift to conduct solo flight in accordance with paragraph (c) of this section. The endorsement is valid for 90 days from the day the demonstration flight is successfully completed. (b) Failure to complete demonstration flight during endorsement period. (1) If the applicant does not successfully complete the demonstration flight in paragraph (a) of this section within the 90day endorsement period, the applicant may receive another endorsement by: (i) Completing a demonstration of proficiency in the full flight simulator consisting of the tasks and maneuvers set forth by section 10. of this appendix, in addition to any maneuvers or procedures deemed necessary by the check pilot, training center evaluator, authorized instructor, instructor pilot, an FAA aviation safety inspector, or other person authorized by the FAA to administer this check to ensure proficiency, and PO 00000 Frm 00227 Fmt 4701 Sfmt 4700 92521 (ii) Completing an aircraft familiarity flight meeting the requirements of section 5.(b) of this appendix. (2) After the applicant meets the requirements of paragraph (b)(1) of this section, the applicant may receive another endorsement for the applicant to act as pilot in command of the specific powered-lift to accomplish the demonstration flight with an authorized instructor on board as set forth in section 6.(a) of this appendix. This endorsement is valid for 90 days from the day the demonstration of proficiency in the full flight simulator was successfully completed. (c) Solo Flights. After an applicant receives an endorsement to conduct solo flights in accordance with section 6.(a)(4) of this appendix, the applicant must complete 20 hours of solo flight in the aircraft, which must include: (1) 10 hours of solo flight time in accordance with § 61.129(e)(4) or the corresponding alternate provision set forth in §§ 194.217 through 194.231 of this part; (2) 10 hours of solo flight time that includes the maneuvers and procedures required for the issuance of a commercial pilot certificate with a powered-lift category rating, for the issuance of an instrumentpowered-lift rating and for the issuance of a powered-lift type rating; and (3) The alternate cross-country aeronautical experience requirements prescribed in § 194.233 of this part. (d) Lapse of endorsement for solo flights. If the applicant does not successfully complete the solo flight time required in paragraph (c) of this section within the 90day endorsement period, the applicant may receive another 90-day endorsement by satisfying the requirements of paragraph (d)(1) or (2) of this section, as applicable. (1) If the applicant seeks to renew the endorsement for another 90-day period and is within the 90-day period of the original endorsement, the applicant must complete a demonstration flight consisting of the tasks and maneuvers set forth by section 10. of this appendix, in addition to any maneuvers or procedures deemed necessary by the check pilot, training center evaluator, authorized instructor, instructor pilot, FAA aviation safety inspector, or another person authorized by the FAA to ensure proficiency. (2) If the applicant seeks another endorsement outside the 90-day period of the original endorsement, the applicant must: (i) The applicant must satisfactorily complete a demonstration of proficiency in the full flight simulator consisting of the tasks and maneuvers set forth by section 10. of this appendix, in addition to any maneuvers or procedures deemed necessary by the authorized instructor to ensure proficiency, successful completion of which will result in a 90-day endorsement to accomplish a demonstration flight with an authorized instructor on board; and (ii) The applicant must complete a demonstration flight with a check pilot, training center evaluator, authorized instructor, instructor pilot, FAA aviation safety inspector, or another person authorized by the FAA to administer this check consisting of the tasks and maneuvers E:\FR\FM\21NOR2.SGM 21NOR2 92522 Federal Register / Vol. 89, No. 225 / Thursday, November 21, 2024 / Rules and Regulations set forth by section 10. of this appendix, in addition to any maneuvers or procedures deemed necessary by the authorized instructor to ensure proficiency. 7. Practical Test (a) The applicant may meet the training requirements of § 61.129(e)(3)(iv) in a Level C or higher FFS. (b) A person who uses a flight simulator or flight training device for any portion of the practical test in accordance with § 61.64(a) of this chapter after training in accordance with this appendix and does not meet the requirements of § 61.64(e) of this chapter will— (1) Receive a limitation that states ‘‘the certificate is subject to certain pilot in command limitations,’’ in lieu of the limitation set forth by § 61.64(f); and (2) Be restricted from the carriage of persons or property other than necessary for the conduct of the flight. (c) The limitation described under paragraph (b) of this section may be removed from the pilot certificate by meeting the requirements set forth in section 8. of this appendix. lotter on DSK11XQN23PROD with RULES2 8. Supervised Operating Experience for a Powered-Lift With Single Controls and a Single Pilot Station (a) The limitation set forth in paragraph 7.(b) of this appendix may be removed if the pilot complies with the following: (1) Performs 10 hours of flight time in an aircraft of category and type for which the limitation applies under the observation of a pilot who holds a category and type rating without limitations for the aircraft, maintaining full communication with the observing pilot; (2) Logs each flight and the observing pilot attests in writing to each flight; and VerDate Sep<11>2014 18:53 Nov 20, 2024 Jkt 265001 (3) Presents evidence of the supervised operating experience to any examiner or Flight Standards office to have the limitation removed. (b) The flight time required in paragraph (a)(1) of this section must include a crosscountry flight in a powered-lift under instrument flight rules on a flight plan filed with an air traffic control facility that involves— (i) A flight of at least 100 nautical miles along airways or by directed routing from an air traffic control facility; (ii) An instrument approach at each airport; and (iii) Three different kinds of approaches with the use of navigation systems. (c) The observing pilot must have unobstructed visual sight of the controls and instrumentation. 9. Deviation Authority The Administrator may authorize a deviation from the simulator qualification requirement in section 4. of this appendix stipulating that training must be completed in a qualified Level C or higher full flight simulator upon a determination by the Administrator that— (a) The alternative training device is of adequate fidelity to be used as a substitution for in-aircraft flight training; and (b) The effectiveness and objectives of the training program can be met utilizing the alternative training device. 10. Maneuvers and Procedures Required for Certain Flights Prescribed by This Appendix This section sets forth the maneuvers and procedures required for flights required in accordance with sections 6.(b)(1)(i), 6.(d)(1), 6.(d)(2)(i), and 6.(d)(2)(ii) of this appendix, except those maneuvers and procedures PO 00000 Frm 00228 Fmt 4701 Sfmt 9990 under tasks waived in accordance with § 194.207(c). (a) Proper flight preparation procedures, including preflight planning and preparation, powerplant operation, and aircraft systems; (b) Taxiing or surface operations, including runups; (c) Takeoffs and landings, including normal and crosswind; (d) Straight and level flight, and turns in both directions; (e) Climbs and climbing turns; (f) Airport traffic patterns, including entry and departure procedures; (g) Collision avoidance, windshear avoidance, and wake turbulence avoidance; (h) Descents with and without turns; (i) Flight at various airspeeds from cruise to slow flight; (j) Stall entries from various flight attitudes and power combinations with recovery initiated at the first indication of a stall, and recovery from a full stall; (k) Emergency procedures and equipment malfunctions; (l) Ground reference maneuvers; (m) Approaches to a landing with simulated engine malfunctions; (n) Go-arounds; (o) Approaches to the landing area; (p) Hovering and hovering turns; and (q) For a multiengine powered-lift, simulated one-engine-inoperative approaches and landings. Issued under authority provided by 49 U.S.C. 106(f), 40113, 44701–44705, 44707, 44712, 44713, 44715, 44722, and 44730 in Washington, DC, on October 22, 2024. Michael Gordon Whitaker, Administrator. [FR Doc. 2024–24886 Filed 11–20–24; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\21NOR2.SGM 21NOR2

Agencies

[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Rules and Regulations]
[Pages 92296-92522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24886]



[[Page 92295]]

Vol. 89

Thursday,

No. 225

November 21, 2024

Part II





Department of Transportation





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Federal Aviation Administration





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14 CFR Parts 1, 11, 43, et al.





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

Federal Register / Vol. 89 , No. 225 / Thursday, November 21, 2024 / 
Rules and Regulations

[[Page 92296]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142, 
and 194

[Docket No. FAA-2023-1275; Amdt. Nos. 1-78, 11-69, 43-62, 60-8, 61-157, 
91-379, 97-1340, 111-2, 135-147, 136-4, 141-26, 142-11, and 194-1]
RIN 2120-AL72


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

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

ACTION: Final rule.

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SUMMARY: This final rule adopts permanent amendments and a Special 
Federal Aviation Regulation (SFAR) for a period of ten years to: 
facilitate the certification of powered-lift pilots, clarify operating 
rules applicable to operations involving a powered-lift, and finalize 
other amendments which are necessary to integrate powered-lift into the 
National Airspace System (NAS). In this final action, the FAA finalizes 
its alternate framework to stand-up initial groups of powered-lift 
pilots and flight instructors. Most notably, the FAA adopts alternate 
frameworks to facilitate the certification of pilots seeking 
qualifications in a powered-lift with single functioning flight 
controls and a single pilot station. In response to commenters, the FAA 
provides clarification for certain operating rules and adopts a 
performance-based approach to certain operating rules to enable 
powered-lift operations. In addition to finalizing provisions for 
powered-lift, this action also makes changes to practical tests in 
aircraft that require type ratings, including airplanes and 
helicopters, training center rotorcraft instructor eligibility, 
training and testing requirements, and training center use of 
rotorcraft in flight training.

DATES: This final rule is effective January 21, 2025, except for 
amendatory instruction 52 which is effective July 21, 2025.
    The incorporation by reference of certain publications listed in 
this final rule are approved by the Director of the Federal Register as 
of January 21, 2025.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Christina Grabill, AFS-810, Federal Aviation 
Administration, 800 Independence Ave. SW, Washington, DC 20591; 
telephone (202) 267-1100; email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Aircraft Certification
    C. Airman Certification
    D. Operational Requirements
    E. International Operation of Powered-Lift
    F. Summary of the Costs and Benefits
    G. SFAR Framework and Duration
II. Authority for This Rulemaking
III. Background
    A. General
    B. Summary of the NPRM
    C. General Overview of Comments
    D. Differences Between the NPRM and the Final Rule
IV. Powered-Lift Type Certification and FSTD Qualification
    A. Type Certification
    B. Noise Certification
    C. Qualification of Powered-Lift Flight Simulation Training 
Devices (FSTDs)
V. Certification of Powered-Lift Pilots
    A. Establish a Type Rating Requirement for Persons Seeking To 
Act as PIC of Powered-Lift
    B. Applicability of the Type Rating Requirement to Military 
Pilots
    C. Applicability of the SIC Qualification Requirements of Sec.  
61.55 to Powered-Lift
    D. Dual Controls Considerations Related to Flight Training and 
Supervised Operating Experience
    E. Supervised Operating Experience of Sec.  61.64
    F. Establishment of an Alternate Pathway for Pilot Certification
    G. Training in an Approved Program Under Parts 135, 141, and 142
    H. Practical Tests
    I. Miscellaneous Amendments
    J. Part 135 Pilot Qualifications
    K. Part 142 Training Centers
    L. Subpart K of Part 91 Pilot Qualifications
VI. Operational Rules for Powered-Lift
    A. Introduction
    B. Part 91 Rules for Powered-Lift
    C. Part 97 Rules for Powered-Lift
    D. Part 135 Rules for Powered-Lift
    E. Part 136 Rules for Powered-Lift
    F. Part 43 Applicability to Powered-Lift
    G. Pilot Records Database
VII. Air Traffic Operations
VIII. International Operations for Powered-Lift
    A. Personnel Licensing
    B. Operations of Aircraft
    C. Airworthiness of Aircraft
IX. Advanced Air Mobility
X. SFAR Framework and Duration
XI. Autonomous Powered-Lift
XII. Comments to Regulatory Impact Analysis
XIII. FAA Readiness
XIV. Definitions
    A. Definition of Powered-Lift
    B. Definition of Flight Modes
    C. Definition of Heliport
    D. Definition of Autorotation
XV. Other Comments Related to Powered-Lift
    A. Other Comments Related to Language or Definitions in the 
Powered-Lift NPRM
    B. Safety Systems or Procedures Not Addressed in the NPRM
    C. Other Comments Related to Powered-Lift Design
    D. Congressional Comments
XVI. Related Rulemakings
XVII. Severability
XVIII. Regulatory Notices and Analyses
    A. Summary of the Regulatory Impact Analysis
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
    H. Regulations Affecting Intrastate Aviation in Alaska
    I. Congressional Review Act
XIX. Executive Order Determinations
    A. Executive Order 14036, Promoting Competition in the United 
States Economy
    B. Executive Order 13985, Advancing Racial Equity and Support 
for Underserved Communities Through the Federal Government
    C. Executive Order 13132, Federalism
    D. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    E. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    F. Executive Order 13609, Promoting International Regulatory 
Cooperation
XX. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations and Acronyms Frequently Used in This Document

Abbreviations and Acronyms Used in This Document

ACO--Aircraft Certification Office
ACS--Airman Certification Standards
APD--Aircrew Program Designee
AIH--Aviation Instructor's Handbook
AQP--Advanced Qualification Program
ATC--Air Traffic Control
ATP--Airline Transport Pilot
ATO--Air Traffic Organization
CAMP--Continuous Airworthiness Maintenance Program
CFIT--Controlled Flight Into Terrain
CFR--Code of Federal Regulations
CLOA--Certificate and Letter of Authority
CVR--Cockpit Voice Recorder
DPE--Designated Pilot Examiner
GPS--Global Positioning System
GPWS--Ground Proximity Warning Systems
ELT--Emergency Locator Transmitter
ERT--Extended Review Team
FDR--Flight Data Recorder
FFS--Full Flight Simulator
FSB--Flight Standardization Board
FSBR--Flight Standardization Board Report
FSTD--Flight Simulation Training Device

[[Page 92297]]

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

I. Executive Summary

    This final rule establishes the requirements for pilot 
certification and operation of powered-lift. Powered-lift are defined 
in title 14 of the Code of Federal Regulations (14 CFR) part 1 as 
heavier-than-air aircraft capable of vertical takeoff, vertical 
landing, and low speed flight that depends principally on engine-driven 
lift devices or engine thrust for lift during these flight regimes and 
on nonrotating airfoil(s) for lift during horizontal flight. Powered-
lift are capable of vertical takeoff and landing (VTOL) while being 
able to fly like an airplane during cruise flight. Currently, there are 
no type-certificated powered-lift in civil operations; however, there 
are several applicants seeking type certificates for such aircraft.
    Several of the powered-lift that the FAA expects to enter the 
civilian market have complex and unique design, flight, and handling 
characteristics with varying degrees of automation. The FAA anticipates 
that these aircraft will conduct an array of different operations, such 
as transporting crew and material to offshore oil rigs, transporting 
passengers from point-to-point as an air ambulance, and transporting 
passengers in concentrated urban environments.
    To safely integrate powered-lift in the national airspace system 
(NAS), the FAA is making permanent changes to parts 61, 135, and 142 to 
train and certificate powered-lift pilots and instructors, as well as 
issuing a temporary Special Federal Aviation Regulation (SFAR) that 
supplements existing rules, creates temporary alternatives for airman 
certification, removes operational barriers, and mitigates safety risks 
for powered-lift. As discussed in section X of this preamble, the 
duration of the SFAR is 10 years.
    Powered-lift will also be utilized to support the deployment of 
advanced air mobility (AAM) operations. AAM is an umbrella term for an 
air transportation system that moves people and cargo using 
revolutionary new aircraft. The AAM Coordination and Leadership Act 
defines AAM as ``a transportation system that transports people and 
property by air between two points in the United States using aircraft 
with advanced technologies, including electric aircraft or electric 
vertical take-off and landing aircraft, in both controlled and 
uncontrolled airspace.'' The FAA Reauthorization Act of 2024 updated 
the definition to mean ``a transportation system that is comprised of 
urban air mobility and regional air mobility using manned or unmanned 
aircraft.'' \1\ Congress directed the Department of Transportation to 
establish an advanced air mobility working group to plan for and 
coordinate efforts necessary for maturation of the AAM ecosystem in the 
United States through the Advanced Air Mobility Coordination and 
Leadership Act. This rulemaking is an important step in facilitating 
the integration of powered-lift and AAM into the NAS.
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    \1\ FAA Reauthorization Act of 2024, Pub. L. 118-63 (May 16, 
2024). The media often refer to these operations as ``air taxis''; 
however, this term is used only in the context of 14 CFR chapter II 
(pertaining to DOT-specific regulations). Consequently, throughout 
this preamble, the FAA refers to these operations as passenger-
carrying operations or air carrier operations.
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A. Purpose of the Regulatory Action

    This final rule addresses regulatory barriers to introducing 
powered-lift as a new category of aircraft into operations in the NAS. 
The final rule creates an alternate pathway for pilot certification and 
enables operations under parts 91 (General Operating and Flight Rules), 
97 (Standard Instrument Procedures), 135 (Commuter and On-Demand 
Operations), and 136 (Commercial Air Tours).
    The existing regulations in part 61 for training and certificating 
powered-lift flight instructors and pilots do not adequately address 
the unique challenges of introducing a new category of aircraft to 
civil operations. First, the existing regulations did not anticipate 
the diversity in design of the powered-lift that are working through 
the aircraft certification process. Second, there are challenges with 
applying existing aeronautical experience requirements to train and 
certificate the initial cadre \2\ of powered-lift flight instructors 
and pilots. In addition, part 135 regulations for certain commercial 
operations do not contain specific requirements addressing the 
qualifications for powered-lift pilots. Therefore, current part 135 
pilot qualification requirements that apply to pilots of airplanes and 
helicopters need to be amended to include powered-lift pilots to close 
the safety gap.
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    \2\ The FAA uses the term ``initial cadre'' throughout this 
preamble. In some instances, initial cadre refers to a sufficient 
number of instructors and evaluators to train and qualify pilots for 
powered-lift ratings under an approved training program under part 
135, 141, or 142. In other instances, the term refers to a 
sufficient number of pilots who are rated in powered-lift to meet 
the demands of the market.
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    In addition, to address an operational safety risk that exists 
because the current regulatory framework governing operations does not 
contemplate powered-lift, changes had to be made to certain operational 
rules. There are myriad operational rules under parts 91, 97, 135, and 
136 that currently apply to ``airplanes,'' ``helicopters,'' and/or 
``rotorcraft'' that should also apply to powered-lift.
    Industry has expressed its intent to introduce these aircraft 
immediately into passenger-carrying commercial operations under part 
135, making the need to reconsider the existing airman certification 
standards and operating regulations for powered-lift and address the 
absence of specific regulations for pilots in part 135 more urgent. The 
FAA requires and the public expects that commercial operations be 
conducted with the highest regard for safety and by pilots who have the 
requisite experience flying the particular category of aircraft in 
which paying passengers will be transported. As a result, this 
rulemaking is necessary to ensure that pilots for these aircraft are 
properly trained and

[[Page 92298]]

that these rapidly developing aircraft can safely integrate and operate 
within the NAS.
    The following sections discuss the provisions being adopted in this 
final rule.

B. Aircraft Certification

    The FAA did not establish any new requirements for the type 
certification of powered-lift, nor did it revise existing type 
certification requirements. The FAA determined that existing aircraft 
certification requirements are sufficient to type certificate powered-
lift as a special class under Sec.  21.17(b). The special class process 
allows the FAA to address the novel features of unique and 
nonconventional aircraft without the need for additional processes such 
as special conditions or exemptions that would be required if the FAA 
used the airworthiness standards already in place. The aircraft 
certification requirements and comments the FAA received are discussed 
in more detail in section IV.A. of this preamble.

C. Airman Certification

    To maintain a level of safety commensurate with that expected for 
airplanes and helicopters, the FAA adopts new requirements for pilots 
to hold type ratings for each powered-lift they fly and qualification 
requirements for powered-lift pilots serving in part 135 operations. To 
address the obstacles to airman certification, the FAA provides 
alternatives to certain requirements in part 61 through the 
establishment of a new part 194, Special Federal Aviation Regulation 
No. 120--Powered-Lift: Pilot Certification and Training; Operations 
Requirements, to facilitate the training and certification of the 
initial cadre of powered-lift instructors and pilots. In addition to 
this alternate framework, the FAA adopts several pathways to 
certificate powered-lift pilots utilizing aircraft with a single flight 
control and single pilot station. The FAA is facilitating this through 
three options: (1) recognition of a single flight control that is 
accessible by both the student and flight instructor and allows for the 
instructor to immediately intervene if necessary; (2) expanded use of 
simulators to allow an applicant to train in a simulator and gain 
necessary experience solo in the aircraft; and (3) deviation authority 
for consideration of future advancements in technology that is not 
currently validated at this time.
1. Type Rating
    The FAA did not establish classes within the powered-lift category 
because each powered-lift can have different configurations, unique 
inceptors, diversified flight controls, and distinctive operating 
characteristics. Further, the FAA lacks sufficient operational data to 
identify commonality to establish classes within the powered-lift 
category because powered-lift are still in the development phase. The 
FAA finds that reasons for not establishing class ratings persist, and 
the final rule adopts the proposal for all powered-lift pilot in 
commands (PICs) to hold a type rating.
2. Flight Instructors
    The FAA recognizes that, once the first powered-lift achieve type 
certification, there will be an insufficient number of qualified flight 
instructors to provide training to the pilots who will need to obtain 
certificates and ratings necessary to serve in powered-lift operations. 
For this reason, the FAA is allowing certain pilots employed by the 
manufacturer to obtain the necessary training and experience for 
powered-lift through the test flights and crew training activities 
necessary for aircraft certification. Once the manufacturer's personnel 
obtain the necessary ratings, they would form the initial cadre of 
instructors who could conduct certification training in the 
manufacturer's aircraft for certain instructor personnel at part 141 
pilot schools, part 142 training centers, and part 135 operators. These 
instructors under parts 141, 142, and 135 would then develop the 
curricula for the initial powered-lift training at their respective 
organizations and conduct certification training at their respective 
certificate holders. The FAA finalizes this alternate framework for 
test pilots and instructor pilots to facilitate certification training 
as proposed.
3. Alternate Framework for Pilot Certification
    Even with sufficient qualified flight instructors, the existing 
airman certification rules for powered-lift present barriers for 
persons seeking to accomplish the training and experience necessary to 
obtain the certificates and ratings for commercial operations. In 
response to industry concerns, the FAA adopts alternate requirements 
for meeting PIC flight time and cross-country flight time requirements 
in part 61 and expanding the opportunity for pilots to obtain powered-
lift ratings at the commercial pilot certificate level through part 135 
training programs. Most of the alternative requirements would be 
available only to pilots who already hold a commercial pilot 
certificate and an instrument rating for another category of aircraft. 
In addition, although no flight simulation training devices (FSTDs) 
representing powered-lift are currently qualified, the FAA anticipates 
near-term qualification of such devices and proposed allowing increased 
flight training opportunities through simulation. This final rule 
adopts the alternate aeronautical experience and cross-country 
requirements, as proposed, with some minor alterations.
    In addition, as explained more fully in section V.F., this final 
rule reduces the PIC flight time in a powered-lift at the commercial 
pilot certificate level from 50 hours to 35 hours, of which 15 hours 
may still be in a Level C or higher full flight simulator (FFS).
4. Part 135 Qualifications
    The FAA adopts permanent changes to training and qualification 
requirements for pilots to align with the requirements for powered-lift 
with those established for pilots of airplanes and rotorcraft in part 
135. The proposals included Airline Transport Pilot (ATP) certification 
and operating experience in the make and model of powered-lift for PICs 
in commuter operations, part 121 Advanced Qualification Program (AQP) 
training requirements for pilots who serve in commuter operations in 
certain powered-lift, and instrument ratings for all powered-lift 
pilots in part 135 operations. In addition to allowing a part 135 
operator to develop and provide training for powered-lift pilot 
certification at the commercial pilot level, the FAA is permitting 
successful completion of part 135 pilot checks to be used to meet the 
practical test requirements for powered-lift ratings subject to certain 
conditions.
    Overall, the FAA finalizes the proposed requirements regarding 
integration of powered-lift pertaining to part 135 qualifications 
without substantial changes from what was proposed in the NPRM. In 
response to commenters, the FAA made certain editorial changes to add 
clarification and better enable powered-lift training and testing that 
would have otherwise created obstacles.
5. Dual Controls
    The FAA noted in its proposal that it was retaining the powered-
lift category and proposed alternate aeronautical experience and 
logging requirements to allow certain groups of pilots to attain the 
necessary aeronautical experience. In accordance with flight training 
requirements under Sec.  91.109 and the requirements for supervised 
operating experience (SOE) in Sec.  61.64, the powered-lift would be 
required to have a dual set of controls to accomplish the

[[Page 92299]]

aeronautical experience required in an aircraft and SOE.
    After consideration of the comments received, the FAA is adopting 
several pathways to enable the use of a powered-lift without dual 
controls. The first pathway permits flight training in a powered-lift 
with a single set of flight controls accessible by both student and 
instructor (e.g., a throwover control). The second pathway allows all 
flight training to be conducted in an approved simulator, culminating 
in solo aeronautical experience in a powered-lift with a single set of 
flight controls subject to certain conditions and limitations set forth 
in a new appendix to part 194. This pathway allows an Original 
Equipment Manufacturer (OEM) to utilize a Level C or higher FFS to 
conduct the required flight training in accordance with part 61 and 
part 194. The pilot can gain the necessary experience through a series 
of demonstration flights and solo experience, complete a practical test 
in a Level C FFS, and then conduct abbreviated operating experience in 
the powered-lift to become fully qualified and fly in the NAS. Finally, 
the third pathway permits the FAA to issue deviation authority to 
facilitate flight training in a powered-lift with a single set of 
flight controls in the NAS based on future demonstrated and validated 
advancements in technology.
    The FAA makes conforming amendments in light of these alternate 
pathways to the supervised operating experience requirements and in 
part 135. Specifically, this final rule adopts certain alternate 
provisions to facilitate supervised operating experience in a powered-
lift with a single set of controls and a single pilot seat. 
Additionally, this final rule revises current requirements for 
instructor training that is accomplished from either pilot station to 
provide a feasible pathway for approved part 135 training programs, 
pilots, instructors, and check airman operating only with one pilot 
station and/or set of flight controls.
6. Impacts to Rotorcraft Training at Part 142 Training Centers
    The FAA adopts permanent changes that, in addition to establishing 
requirements for powered-lift, would affect certain part 142 training 
in FSTDs for rotorcraft. These proposed changes would harmonize 
requirements for airplanes, powered-lift, and rotorcraft in part 142, 
specifically for pilot training in an FSTD that represents an aircraft 
requiring a type rating. This final rule applies the ATP aeronautical 
experience requirements to FSTD instructors in airplanes and 
helicopters requiring a type rating, powered-lift weighing over 12,500 
pounds, and turbojet powered powered-lift rather than all aircraft 
requiring a type rating. In some instances, these adopted changes 
provide additional flexibility to training and qualification for 
rotorcraft instructors consistent with allowances for airplane 
instructors and provide training and testing for rotorcraft instructors 
that is more specifically focused on rotorcraft, instead of airplanes.

D. Operational Requirements

    To mitigate the safety gaps that exist due to the absence of 
operational regulations specifically applicable to powered-lift, the 
FAA proposed, through the SFAR, to apply specific airplane, rotorcraft, 
and helicopter rules contained in parts 43, 91, 97, 135, and 136 to 
powered-lift as appropriate. In the proposal, the FAA determined that 
applying the airplane rules in most instances was a safer, more 
conservative approach, especially given the lack of powered-lift 
operational data. Notwithstanding, in some instances, for example under 
part 136, the FAA determined that applying the helicopter or rotorcraft 
rules were appropriate and provided an equivalent level of safety.
    Specifically, the FAA initially proposed using the visual flight 
rules (VFR) fuel requirements specified for airplanes for both 
operations conducted under parts 91 and 135. After considering comments 
received, the FAA is adopting different requirements than proposed 
related to fuel reserves when conducting VFR operations. The SFAR now 
stipulates helicopter minimums for powered-lift capable of conducting a 
landing in the vertical-lift flight mode along the entire route of 
flight. Powered-lift that are not capable of conducting a landing in 
the vertical-lift flight mode along the entire route of flight must 
meet airplane minimums.
    In addition, the FAA initially proposed using the instrument flight 
rules (IFR) fuel requirements specified for airplanes for operations 
conducted under parts 91 and 135. The SFAR now permits the use of 
helicopter minimums stipulated for powered-lift that are authorized to 
conduct Copter Procedures and that have the performance capability, as 
provided in the Aircraft Flight Manual (AFM), to conduct a landing in 
the vertical-lift flight mode for the entire flight. Powered-lift that 
do not meet these criteria will be required to meet the airplane 
minimums.
    The FAA also proposed using the VFR visibility requirements 
prescribed for airplanes. The final rule states that helicopter 
minimums are applicable if the powered-lift is operated in the 
vertical-lift flight mode and is operated at a speed that allows the 
pilot adequate opportunity to see any other traffic or obstructions in 
time to avoid a collision. If either of those requirements are not met, 
then the airplane minimums apply.
    Finally, the FAA proposed using the general aircraft minimum safe 
altitudes for operations conducted under parts 91 and 135, rather than 
allowing powered-lift to utilize helicopter exclusions. The final rule 
provides that powered-lift operating in vertical-lift flight mode that 
have demonstrated a capability to autorotate or conduct an approved 
equivalent maneuver are allowed the same minimum safe altitudes as 
those afforded to helicopters. However, for part 135 operations, it is 
important to note that the minimum altitude cannot be lower than 300 
feet above the surface. When a powered-lift is operating in the 
vertical-lift flight mode and is certificated to conduct an 
autorotation or an approved equivalent maneuver to a landing, then 
helicopter minimum safe altitudes or lowest altitude published in the 
AFM apply.
    Under part 136, the FAA proposed applying the operational 
requirements specific to helicopter operations within part 136 to 
powered-lift operations because the FAA anticipated powered-lift will 
hover and operate similarly to helicopters when conducting air tours, 
except when relying on wing-borne flight. In the final rule, as 
addressed in section VI.E. of this preamble, ``Part 136 Rules for 
Powered-Lift,'' the FAA applies some provisions in part 136 to powered-
lift regardless of the flight mode in which the aircraft is operating 
because the FAA determined those provisions--such as requiring 
flotation equipment--should apply to powered-lift regardless of whether 
they are operating in the vertical-lift or wing-borne flight mode.
    The FAA will allow powered-lift operators to use Copter Procedures 
as defined in part 97 if the aircraft has been type-certificated and 
equipped to utilize those procedures. That capability will be 
identified in the limitations section of the AFM along with any other 
specific limitations and procedures necessary for safe operation of the 
aircraft.
    The FAA has made a permanent change to the regulatory requirements 
for the Pilot Records Database contained in part 111 to include 
powered-lift as a qualifying aircraft to meet the threshold requirement 
of whether a person operating in furtherance of a business needs to 
report pilot records to the Pilot Records Database.

[[Page 92300]]

    For purposes of maintenance, preventive maintenance, rebuilding, 
and alteration, the FAA proposed to apply the current requirements 
under part 43, with only two modifications. First, the FAA proposed to 
apply the preventive maintenance requirements available to certificate 
holders operating rotorcraft under part 135 in remote areas to 
certificate holders similarly operating powered-lift. Second, the FAA 
proposed that in lieu of complying with Sec.  43.15(b), each person 
performing an inspection required by part 91 on a powered-lift, must 
inspect ``critical parts'' (as defined under Sec. Sec.  27.602 and 
29.602) in accordance with the maintenance manual or Instruction for 
Continuous Airworthiness, or as otherwise approved by the 
Administrator. The FAA is adopting these requirements as proposed.
    The operational requirements and comments the FAA received are 
discussed in more detail in section VI.F. of this preamble.

E. International Operation of Powered-Lift

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices (SARPs) to the maximum extent practicable. In 
this final rule, the FAA amends part 61 to require powered-lift pilots 
to have a type rating, which meets the standards outlined in ICAO Annex 
1, Personnel Licensing. Under parts 91 and 135, the FAA requires U.S. 
operators to comply with ICAO Annex 2, Rules of the Air, when operating 
over the high seas or when operating within a foreign country.\3\ ICAO 
Annex 8, Airworthiness of Aircraft, is silent on powered-lift; however, 
the FAA designates powered-lift as special class aircraft for type 
certification in accordance with Sec.  21.17(b) and applies 
airworthiness criteria that meet an equivalent level of safety to the 
FAA's existing airworthiness standards and are consistent with the 
intent of ICAO Annex 8 to the Chicago Convention. Accordingly, U.S. 
operators of powered-lift that are type-certificated with a standard 
airworthiness certificate and conduct their operations in accordance 
with the standards outlined in Annex 2 would be eligible to operate 
over the high seas. The requirements for the international operation of 
powered-lift and comments the FAA received are discussed in more detail 
in section VIII.B. of this preamble.
---------------------------------------------------------------------------

    \3\ See 14 CFR 91.703. To note, Sec.  91.703(a)(2) requires each 
person operating a civil aircraft of U.S. registry outside the U.S. 
when within a foreign country to comply with the regulations 
relating to the flight and maneuver of aircraft there in force and, 
with narrow exceptions, comply with 14 CFR part 91 so far as it is 
not inconsistent with the applicable regulations of the foreign 
country where the aircraft is operating or Annex 2.
---------------------------------------------------------------------------

F. Summary of the Costs and Benefits

    Operations with powered-lift are anticipated to offer benefits over 
traditional airplanes and rotorcraft. A report published by the U.S. 
Government Accountability Office (GAO) stated that many of these newer 
kinds of aircraft could be easier to design, simpler to construct, less 
complicated to maneuver, quieter to fly, and more economical to operate 
compared to traditional aircraft.\4\ Many use cases for these aircraft 
are envisioned, and this rulemaking is a step toward those use cases 
coming to realization.
---------------------------------------------------------------------------

    \4\ Transforming Aviation: Stakeholders Identified Issues to 
Address for `Advanced Air Mobility' [verbar] U.S. GAO, www.gao.gov/assets/gao-22-105020.pdf.
---------------------------------------------------------------------------

    Several problems exist absent this rulemaking. The first is that 
only operating rules applicable to powered-lift are those specific to 
``aircraft,'' which introduces a substantial safety gap in part 91 and 
part 135 operations. This safety gap does not exist for parts 91 and 
135 operations conducted with airplanes, helicopters, and rotorcraft 
because decades of FAA rulemaking has resulted in a continuum of rules 
establishing minimum safety standards for operations conducted with 
these aircraft. A similar suite of category-specific rules simply does 
not exist for powered-lift because these are new and novel aircraft 
that have yet to be type-certificated for operations in the NAS. 
Consequently, powered-lift would not be required to operate at the 
level of safety required of operations conducted with airplanes, 
helicopters, or rotorcraft.
    The second problem is challenges presented by the existing airmen 
certification regulations. Unlike the extensive infrastructure in place 
for the training and certification of airplane and rotorcraft pilots 
and instructors, the resources to scale powered-lift training and 
certification of pilots and instructors is scant due to the lack of 
powered-lift flight instructors and FAA-certificated aircraft available 
for airman training and testing (and operations). Without this 
rulemaking, civilian pilots will be unable to obtain powered-lift 
ratings necessary for industry to scale operations intended for these 
new and novel aircraft.
    The third problem absent this SFAR are the requirements for acting 
as PIC of a powered-lift operation. Should type-certificated powered-
lift become available before this rule is finalized, individuals 
holding an airman certificate with a powered-lift category rating would 
be permitted to act as PIC of powered-lift operations. Taking into 
consideration the variation in operating characteristics for each 
powered-lift coming to the civilian market, a powered-lift category 
rating would not adequately prepare an individual to act as PIC of a 
powered-lift operation.
    While operators choosing to conduct operations with powered-lift 
will incur costs to comply with regulations in this SFAR, these costs 
are on a scale equivalent to those incurred by operators choosing to 
conduct operations with airplanes or rotorcraft under similar 
regulations. Likewise, costs imposed on individuals that choose to 
accomplish the training and testing required to hold an airman 
certificate with a type rating in the powered-lift category are on a 
scale equivalent to those incurred by individuals accomplishing 
training and testing to hold an airman certificate with a type rating 
in the airplane or rotorcraft category. In other words, the costs 
imposed on operators and individuals that choose to comply with 
regulations finalized by this rule will be no more burdensome than the 
costs incurred by entities and individuals complying with corresponding 
airplane and rotorcraft regulations that are already in effect. 
Additionally, the FAA has provided some performance-based options in 
certain rules that could reduce the burden on industry as compared to 
the comparable prescriptive requirements of the proposed rule.
    The provisions in this SFAR can generally be grouped by those rules 
affecting airman certification and those rules enabling powered-lift to 
conduct operations under parts 91, 97, 135, and 136. For certification 
of airmen with a type rating in powered-lift, the FAA allows 
alternative aeronautical experience and logging requirements. For the 
operational rules, the FAA applies specific airplane, rotorcraft, or 
helicopter rules to powered-lift, as appropriate. The FAA has 
considered each finalized regulation in the SFAR to determine its 
economic impact. An overview of this analysis is included in the 
Regulatory Evaluation portion of this preamble. A regulatory impact 
analysis has also been prepared for the finalized SFAR and can be found 
in the docket for this rule.
    The following table presents a summary of the primary estimate for 
which data was available to monetize

[[Page 92301]]

the costs of this rule, as well as estimates for a pessimistic and 
optimistic scenario. The monetized costs include incremental costs for 
individuals to hold an airman's certificate with a type rating for the 
powered-lift flown, costs for the minimum fuel reserve requirement, and 
costs for the provision of dual-control aircraft and full flight 
simulators for training. For the primary estimate, over a 10-year 
period of analysis, this rule would result in present value costs of 
about $914.2 million at a two percent discount rate with annualized 
costs of about $101.8 million.\5\ Additional details are provided in 
the Regulatory Evaluation section of this SFAR and in the regulatory 
impact analysis available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \5\ Monetized costs for the rule stem from the cadence of 
aircraft deliveries. In the optimistic scenario, aircraft deliveries 
are forecast to begin in year 1 and continue through year 10. 
Aircraft deliveries for the base scenario are forecast to occur 
during years 2-10, and in the pessimistic scenario during years 3-
10. As a result, costs for the optimistic scenario accumulate over a 
period of 10 years versus the base and pessimistic scenarios, over 
which costs accumulate for a period of 9 years and 8 years, 
respectively.

                    Table 1--Monetized Costs of SFAR
                              [Millions $]
------------------------------------------------------------------------
                                              10-Year
            Forecast scenario              present value    Annualized
------------------------------------------------------------------------
Base--Primary Estimate..................          $914.2          $101.8
Pessimistic.............................           865.5            96.4
Optimistic..............................           966.1           107.6
------------------------------------------------------------------------

G. SFAR Framework and Duration

    This final rule enables powered-lift operations for a limited 
duration and provides the FAA an opportunity to assess the operations 
and establish a comprehensive regulatory scheme. This final rule adopts 
both limited permanent changes and a time-limited SFAR to facilitate 
powered-lift operations. The SFAR permits the FAA to gather data--via 
established approved information collections, regulatory requirements, 
and informal anecdotal information and observations--and better 
understand what a comprehensive permanent regulatory framework should 
look like.
    Further, the FAA notes that section 955(c) of the FAA 
Reauthorization Act of 2024 (Pub. L. 118-63) mandates that the FAA 
establish an aviation rulemaking committee (ARC) no later than three 
years after the FAA issues the first commercial operating certificate 
to a powered-lift, to provide the Administrator with specific findings 
and recommendations for, at a minimum, the creation of a standard 
pathway for the performance-based certification of powered-lift 
aircraft; the certification of airmen capable of serving as pilot-in-
command of a powered-lift; and operation of powered-lift in commercial 
service and air transportation. Section 955(d) requires the FAA to 
initiate a rulemaking no later than 270 days after the ARC submits its 
report. Not only does this language impose a timeline for establishing 
the ARC and subsequent rulemaking, it acknowledges that an ARC will 
first need real-world operational data from commercial powered-lift 
operations before it can provide informed recommendations for a 
permanent rulemaking.
    Because the SFAR will affect several parts of 14 CFR, the FAA has 
determined that the most clear and comprehensive regulatory approach is 
through the creation of a new part to wholly contain the SFAR. 
Specifically, the FAA is adding a new part 194, titled ``Special 
Federal Aviation Regulation No. 120--Powered-Lift: Pilot Certification 
and Training; Operations Requirements,'' to 14 CFR under new subchapter 
L, titled ``Other Special Federal Aviation Regulations.'' New part 194 
utilizes the traditional regulatory structure to supplement existing 
rules, creates temporary alternatives for airman certification, removes 
operational barriers, and mitigates safety risks for powered-lift. As a 
result, requisite applicability revisions are made to parts 43, 60, 61, 
91, 97, 111, 135, 136, 141, and 142 to clearly communicate that current 
regulations are intended to operate in tandem with part 194, as 
subsequently discussed in this preamble.
    This SFAR will remain in effect for ten years after this final rule 
becomes effective. In selecting ten years as the appropriate duration 
for this SFAR, the FAA considered a number of factors including the 
time it will take to initiate operations after this final rule becomes 
effective and the type certification status of the powered-lift that 
are commercially viable. As discussed in section I.G. of this preamble 
(``SFAR Framework and Duration''), the FAA has determined that a ten-
year period is an appropriate length of time to collect operational 
data from powered-lift operations. This data will inform a subsequent 
rulemaking to implement permanent amendments.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. Subtitle I, Section 106 describes 
the authority of the FAA Administrator. Subtitle VII, Aviation 
Programs, describes in more detail the scope of the FAA's authority.
    The FAA is issuing this final rule under the authority described in 
Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and 
Subpart iii, Section 44701, General Requirements; Section 44702, 
Issuance of Certificates; Section 44703, Airman Certificates; Section 
44704, Type Certificates, Production Certificates, Airworthiness 
Certificates, and Design and Production Organization Certificates; 
Section 44705, Air Carrier Operating Certificates; and Section 44707, 
Examination and Rating Air Agencies. Under these sections, the FAA 
prescribes regulations and minimum standards for practices, methods, 
and procedures necessary for safety in air commerce, including the 
authority to examine and rate civil schools and prescribe regulations 
to ensure the competency of instructors. The FAA is also authorized 
under these sections to issue certificates, including airman 
certificates, type certificates, and air carrier operating 
certificates, in the interest of safety.
    This rulemaking is also issued under the authority described in 
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator 
Transmitters; Section 44713, Inspection and Maintenance; Section 44715, 
Noise and Sonic Boom; Section 44716, Collision

[[Page 92302]]

Avoidance Systems; and Section 44722, Winter conditions. These sections 
direct the Administrator to prescribe regulations to govern the use of 
emergency locator transmitters and collision avoidance systems, the 
standards for inspecting and performing maintenance on aircraft, and 
regulations to control aircraft noise and safety risks related to 
winter conditions, respectively.
    Section 955 of the FAA Reauthorization Act of 2024 (Pub. L. 118-63) 
requires that, within seven months of the date of enactment of the Act, 
the FAA publish a final rule finalizing the notice of proposed 
rulemaking entitled ``Integration of Powered-Lift: Pilot Certification 
and Operations; Miscellaneous Amendments Related to Rotorcraft and 
Airplanes.'' Section 955 requires that, with respect to any powered-
lift aircraft type certificated by the FAA, the regulations must 
provide a practical pathway for pilot qualification and operations; 
establish performance-based requirements for energy reserves and other 
range- and endurance-related requirements that reflect the capabilities 
and intended operations of the aircraft; provide for a combination of 
pilot training requirements, including simulators, to ensure the safe 
operation of powered-lift; and to the maximum extent practicable, align 
powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to 
the Chicago Convention. Additionally, as required by section 
955(a)(3)(B), the FAA must ensure coordination with the Department of 
Defense (DoD).
    In this rule, the FAA provides practical pathways for pilots to 
qualify to operate powered-lift, establishing pathways for pilots with 
military experience, airline transport pilot and commercial experience, 
and flight instruction experience to gain experience in the operation 
of these aircraft, providing them with sufficient foundations to safely 
conduct passenger-carrying operations. These multiple pathways will 
give pilots of diverse backgrounds and prior experience opportunities 
to enter this emerging aviation sector. For further information on 
pilot pathways see section V. of this preamble.
    Also, in recognition of the comments received, the FAA has revised 
requirements related to fuel and energy reserves to provide greater 
flexibility for operations conducted under certain parameters. 
Specifically, the SFAR outlines performance-based requirements that 
allow powered-lift operators to use certain helicopter operating rules 
as long as the operator complies with the appropriate risk mitigations 
that are detailed in the rule. For example, an operator may use the 
helicopter fuel requirements under Sec.  91.151 if the powered-lift is 
continuously capable of conducting a landing in the vertical-lift 
flight mode along the entire route of flight. For further information, 
see section VI. of this preamble.
    Further, based on comments received to the NPRM, the FAA has 
significantly expanded the ability of manufacturers and operators to 
use flight simulation training devices in the training and 
qualification of pilots, recognizing the significant advancements in 
flight simulation technology and pilot training. This includes 
providing an opportunity for a pilot applicant to credit certain 
experience in a simulator in addition to outlining a pathway for pilot 
certification greatly expanding the use of simulation when a powered-
lift has a single functioning flight control. For further information 
on these provisions, see sections IV. and V. of this preamble.
    The FAA has considered the provisions of section 2.1.1.4 of Annex 1 
to the Chicago Convention and ensured that the requirements in this 
rule related to pilot certification and operations are responsive to 
the intent of that section of the Annex. The FAA carefully considered 
implementation of section 2.1.1.4 and found it impracticable to disrupt 
the FAA's traditional airman certification framework by the addition of 
a type rating within a wholly different aircraft category to an 
existing certificate with a different category rating. However, through 
this SFAR, the FAA chose to facilitate alternative measures for a pilot 
to directly receive a powered-lift category rating and a powered-lift 
type rating. Similar to the conditions set forth in ICAO's transitional 
recommendation, these alternative measures to receive a powered-lift 
category and type rating would be completed during training provided 
under an approved or proposed training curriculum and would take 
previous experience of an applicant in an airplane or helicopter into 
account. Considering the flexibilities extended in the final rule, FAA 
believes it has aligned with section 2.1.1.4 to the maximum extent 
practicable while maintaining safety and consistency with its existing 
regulatory structure. For further discussion, see section V.A. of this 
preamble.
    Based on the foregoing authorities, the FAA makes amendments to 
clarify the rule and corrects inadvertent errors contained in the NPRM. 
These are explained in more detail throughout this final rule. 
Amendments correcting for clarity, correctness, and grammar are not 
substantive in nature and are a logical outgrowth of the NPRM.
    The FAA also makes minor technical amendments to its regulations 
that are discussed throughout this preamble. The FAA finds that notice 
and comment is unnecessary for these technical changes.\6\
---------------------------------------------------------------------------

    \6\ Further, technical amendments are ``a routine determination, 
insignificant in nature and impact, and inconsequential to the 
industry and to the public.'' See Mack Trucks, Inc. v. EPA, 682 F.3d 
87, 94 (D.C. Cir. 2012) [verbar] (quotation marks and citation 
omitted); See also United States v. Mullins, 2012 WL 3777067, at *4 
(D. Vt. Aug. 29, 2012) (explaining that public comment is 
unnecessary if minor or merely technical amendments in which the 
public is not particularly interested were involved).
---------------------------------------------------------------------------

    Additionally, in this final rule, the FAA revised certain sections 
of the proposed rule to account for FAA Test Pilots and Aviation Safety 
Inspectors (ASIs). Providing notice and seeking comment on these 
changes is not required as they are rules of agency organization, 
practice, or procedure under 5 U.S.C. 553(b)(A).
    Finally, in accordance with Sec.  955(a)(3)(B), the FAA has 
consulted with the DoD on a host of issues regarding powered-lift, 
including the United States Air Force Agility Prime program; powered-
lift that are used for military purposes; and commonalities, 
differences, and handling qualities of various types of powered-lift. 
In addition to direct consultation, the FAA notes that because this 
final rule was designated significant under Executive Order 12866, it 
was coordinated with the DoD as well as other agencies during 
interagency coordination.\7\ This coordination serves as another 
opportunity for the FAA to consult with the DoD on this rule.
---------------------------------------------------------------------------

    \7\ Section 3(f) of Executive Order 12866, issued on Sept. 30, 
1993 (58 FR 51735).
---------------------------------------------------------------------------

III. Background

A. General

    Powered-lift are unique in their ability to take off and land 
vertically like helicopters and fly like an airplane during cruise 
flight. They can operate in different flight regimes utilizing features 
of helicopters or airplanes or both. The flight controls for such 
aircraft are also often unique to the individual aircraft design and 
can incorporate both traditional helicopter and airplane controls, or 
control systems that are dissimilar to either helicopters or airplanes. 
Likewise, the flight characteristics for powered-lift vary depending on 
the aircraft design and the different modes in which they operate.

[[Page 92303]]

    Currently, the FAA has several powered-lift in the type 
certification process. The powered-lift coming to the civilian market 
have varied greatly in design, flight, and handling characteristics 
with varying degrees of automation.
    While none of the powered-lift for which type certification is 
being sought have yet been approved for civilian use, the powered-lift 
industry has identified many potential uses for these aircraft. The FAA 
anticipates the introduction of aircraft that vary in size and 
passenger seating configuration and employ both new and traditional 
kinds of propulsion systems into the civilian market.
    Manufacturers and initial operators of powered-lift indicate 
operations with powered-lift could offer many benefits over rotorcraft. 
For example, some powered-lift may be capable of transporting heavier 
loads at higher altitudes and faster cruise speeds than rotorcraft. 
Such capability may increase efficiency in transporting crew and 
material to remote locations such as offshore oil rigs and add 
diversity when considering landing points that are currently available 
to helicopters and not airplanes. Certificate holders seeking to take 
advantage of these capabilities may also seek to use powered-lift for 
transporting passengers from point-to-point; for example, such 
transportation could occur from a heliport and proceed at airplane 
airspeeds and ranges. Other opportunities may also exist in 
concentrated urban environments, where short point-to-point distances 
coupled with VTOL capability may allow for more efficient 
transportation of passengers than existing ground transportation 
methods.

B. Summary of the NPRM

    In the NPRM, the FAA proposed permanent changes to the Code of 
Federal Regulations and a temporary SFAR to facilitate the safe 
integration of powered-lift operations into the NAS. Under this 
comprehensive approach, the FAA proposed to incorporate changes to 
pilot certification rules, operating rules, air agency rules, as well 
as other conforming proposals to maintenance requirements, pilot 
records database requirements, and FSTD qualification requirements. 
This section provides a broad summary of the NPRM.
    Although the FAA did not propose any new type certification 
requirements or noise standards applicable to powered-lift, the FAA 
clarified that it would follow its existing aircraft certification 
process under Sec.  21.17(b) to type certificate powered-lift. The FAA 
proposed a new process for an OEM to attain qualification of an FSTD in 
accordance with part 60. Because the existing deviation authority in 
part 60 cannot be used to qualify an FSTD that represents a category of 
aircraft for which there is no standard under part 60, the FAA proposed 
to mirror the aircraft certification process under Sec.  21.17(b) to 
similarly allow an applicant seeking to qualify a powered-lift FSTD to 
use a combination of requirements in appendices A through D to part 60 
to form a basis to qualify an FSTD under that part.
    Part 61 sets forth the aeronautical experience requirements to 
attain a pilot certificate, as well as a flight instructor certificate, 
with powered-lift ratings. The FAA noted in the NPRM that the broader 
powered-lift category requirement, without an established class rating 
or type rating, would not adequately prepare a pilot to fly the 
specific powered-lift moving through FAA aircraft certification, thus 
potentially creating a safety gap. To address this concern, the FAA 
proposed to require pilots in command hold a type rating for the 
powered-lift they seek to fly. Most significantly, the FAA proposed 
alternate aeronautical experience and logging requirements from the 
existing powered-lift requirements in part 61. These alternate 
requirements would be applicable to certain pilot groups that the FAA 
deemed have the most relevant experience to establish a base of 
powered-lift pilots and instructors. As proposed, the experience and 
logging provisions would create an alternative pathway to powered-lift 
certification for (1) OEM instructor pilots and test pilots; (2) 
initial cadres of flight instructors from certificate holders under 
parts 135, 141, and 142 receiving training at an OEM; and (3) pilots 
receiving training from the initial cadres of flight instructors under 
approved training programs under part 135, 141, or 142. Alternate 
aeronautical experience proposed by the FAA focused on giving 
allowances for flight training, including allowing the logging of PIC 
time when an applicant is the sole manipulator of the flight controls, 
and reduced distances to meet cross-country aeronautical experience. 
This experience, combined with meeting the alternate experience and 
logging provisions set forth in the FAA's proposed SFAR, would result 
in pilots attaining the required experience necessary to hold a 
commercial pilot certificate.
    The FAA sought comment on existing requirements that dictate an 
aircraft used for flight instruction must have dual controls. The FAA 
outlined expectations regarding these rules as they are currently 
applicable to all aircraft (except manned free balloons) and, 
therefore, are applicable to powered-lift. The FAA also discussed how 
the dual control requirement would affect a pilot's ability to act as 
PIC when the PIC has no access to flight controls (i.e., supervised 
operating experience). The FAA acknowledged that manufacturers were in 
the midst of developing single flight control powered-lift and sought 
comment from the public on facilitating flight training and supervised 
operating experience in those aircraft.
    In addition to the proposed revisions to part 61 and the temporary 
alternatives proposed in part 194, the FAA proposed changes to part 
135, which does not currently stipulate which training requirements and 
experience requirements are applicable to powered-lift.\8\ 
Additionally, to further facilitate the certification of powered-lift 
pilots for the expected commercial operations, the NPRM proposed to 
allow part 135 operators to conduct training for their pilots seeking 
to obtain powered-lift category and type ratings for a commercial pilot 
certificate.\9\ The FAA also incorporated permanent and temporary 
amendments to pilot experience requirements, curriculum content, and 
part 135 instructor requirements to address the absence of powered-lift 
specific regulations in part 135. Finally, the NPRM proposed changes to 
parts 141 and 142 to facilitate the training of powered-lift pilots in 
accordance with those parts as well as the amendments set forth in the 
SFAR.
---------------------------------------------------------------------------

    \8\ The FAA recently published a final rule amending the 
regulatory definitions of certain air carrier and commercial 
operations to enable powered-lift operations under part 135. See 88 
FR 48072 (July 26, 2023).
    \9\ After an initial cadre of instructors have completed 
training at the OEM, the FAA proposed that operators use their 
instructors to train and test additional pilots according to their 
approved part 135 training program.
---------------------------------------------------------------------------

    The FAA proposed in the SFAR which operating rules apply to 
powered-lift on a temporary basis under parts 91 (``General Operating 
and Flight Rules''), 135 (``Operating Requirements: Commuter and On 
Demand Operations''), and 136 (``Commercial Air Tours''). The FAA noted 
that this would enable the FAA to gather additional information and 
determine the most appropriate permanent rulemaking path for these 
aircraft. The FAA proposed the requirements that should be applicable 
to powered-lift based on its phase of operation, current requirements 
for

[[Page 92304]]

airplanes and helicopters, and safety intent of the current rule.
    Under parts 91 and 135, generally the FAA proposed applying the 
operating rules pertaining to airplanes; however, in some instances, 
the FAA proposed applying certain helicopter rules based on whether a 
powered-lift is anticipated to operate similar to a helicopter and 
subject to some performance-based standards. The FAA proposed 
exceptions, however, to account for the different modes of flight and 
applicable operational requirements. Under part 91, the FAA proposed 
applying helicopter rules during some instances of vertical flight. 
Under part 135, the FAA proposed applying helicopter rules related to 
overwater equipment and briefing, specified IFR and VFR requirements, 
operations in icing conditions, airport requirements, and operations in 
remote areas.
    The FAA proposed to permanently amend part 111 (``Pilot Records 
Database'') to apply to operators and pilots of large powered-lift. 
Pilots of large powered-lift may go on to work for an air carrier in 
the future. Reporting these pilot records would be relevant to a future 
hiring air carrier.
    The FAA determined that part 43 (``Maintenance, Preventive 
Maintenance, Rebuilding, and Alteration'') was applicable to powered-
lift but proposed other amendments to clarify preventative maintenance 
requirements considering that powered-lift can operate outside of the 
airport environment.
    Part 97 (``Standard Instrument Procedures'') outlines the current 
requirements for standard instrument approach procedures, obstacle 
departure procedures, and weather minimums for IFR takeoffs and 
landings at U.S. civil airports. Copter procedures are also outlined in 
this part. The FAA proposed that, as with airplanes and helicopters, 
powered-lift could also utilize these standard procedures during IFR 
operations if the powered-lift was capable in accordance with its type 
certification.

C. General Overview of Comments

    The FAA received 81 comments in response to the NPRM from a variety 
of commenters, including aircraft manufacturers and operators, aviation 
training companies, other aviation companies, trade associations, civil 
aviation authorities, and individuals. Powered-lift manufacturers and 
operators commenting on the NPRM included: AIR VEV; Archer Aviation 
(Archer); Augusta-Westland Philadelphia Corporation (AWPC), a 
subsidiary of Leonardo Helicopters ; BETA Technologies, Inc. (BETA); 
Bristow Group Inc. (Bristow); a joint comment from Eve Air Mobility and 
Embraer S.A. (Eve); Joby Aviation (Joby); Lilium GmbH (Lilium); 
Supernal LLC (Supernal); Vertical Aerospace Group LTD (Vertical 
Aerospace Group); Wisk Aero (Wisk); and XTI Aircraft Company (XTI). 
Other aviation companies commenting on the NPRM included: Airbus 
Helicopters, Alakai Technologies Corporation, ASR-Pioneer, CAE, 
Electra.aero, Ferrovial Vertiports, L3Harris Commercial Aviation 
Solutions--Advanced Air Mobility (L3Harris), Sabrewing Aircraft Company 
(SACO), and UPS Flight Forward (UPS FF). Trade association commenters 
included: Advanced Air Mobility Institute, Air Line Pilots Association 
International (ALPA), Aircraft Owners and Pilots Association (AOPA), 
Airlines for America (A4A), Association for Uncrewed Vehicle Systems 
International (AUVSI), FlightSafety International Inc., General 
Aviation Manufacturers Association (GAMA), Helicopter Association 
International (HAI),\10\ National Air Transportation Association 
(NATA), National Business Aviation Association (NBAA), and Vertical 
Flight Society (VFS). SAE International, a consensus standards-setting 
organization, commented on the NPRM. Civil aviation authorities, 
governmental agencies, and industry associations located outside the 
United States commenting on the NPRM included: ADS Group (ADS); 
European Aerospace, Security and Defence Industries (ASD); the European 
Union Aviation Safety Agency (EASA); and the National Civil Aviation 
Agency of Brazil (ANAC).
---------------------------------------------------------------------------

    \10\ The FAA notes that on February 26, 2024, the commenter 
announced the renaming of Helicopter Association International (HAI) 
to Vertical Aviation International (VAI).
---------------------------------------------------------------------------

    While the FAA received only 81 comments, each comment detailed a 
wide array of discrete issues and recommendations. Some commenters 
provided general, high-level comments on the NPRM. Archer applauded the 
FAA's progress in its proposed powered-lift regulations, while Bristow 
said the proposed rules are a good start and will have a positive 
impact. An individual supported the proposed regulatory framework, 
which they said would enhance safety, efficiency, and innovation. 
Electra.aero stated the FAA should be proactive in powered-lift 
standards development to ``help[] preclude unrealistic expectations of 
commercial market introduction of these technologies.''
    Overall, the majority of commenters expressed general support for 
the FAA's approach to integrating powered-lift into the NAS through 
expeditious rulemaking. However, they also recommended a number of 
revisions to the FAA's proposal that they believed would provide 
greater ability to quickly and safely integrate powered-lift into the 
NAS. The following provides a high-level overview of key issues raised 
by commenters. Detailed discussions of comments received and FAA 
responses are found throughout this preamble.
Alignment With ICAO Requirements for Powered-Lift Airman Certification 
Category
    The FAA received numerous comments on the proposal to retain the 
category requirement for powered-lift pilots. Commenters requested the 
FAA align its requirements with ICAO Annex 1 recommendations by 
requiring only a powered-lift type rating on an existing commercial 
pilot certificate with an airplane category or helicopter class rating 
(i.e., no powered-lift category rating).
Aircraft Dual Controls Requirement
    The FAA received many comments in response to the request for 
information on the existing requirement for dual controls to be 
installed on training aircraft and those used for supervised operating 
experience (SOE). Commenters requested: (1) no requirement for dual 
controls regardless of how the powered-lift will be used; (2) 100 
percent simulator training, which would relieve any requirement for 
dual controls/aircraft training; and (3) non-traditional methods to 
accomplish SOE. However, EASA's comment supported a requirement for 
dual controls/access as currently required by Sec. Sec.  61.195 and 
91.109.
Other Pilot Certification Comments of Note
    Commenters broadly suggested aligning pilot certification 
requirements for powered-lift with those of helicopters.
Amount of FSTD Time Allowed for a Powered-Lift Rating
    Commenters requested the use of a flight training device (FTD) 
instead of an FFS and requested to utilize the FTD to perform all 50 
hours of PIC flight time required for a powered-lift category rating at 
the commercial pilot level. Several commenters expressed the need for 
FSTDs that are not Level C or higher FFS, stating the need for more 
avenues by which an equivalent level of training may be accomplished. 
Commenters

[[Page 92305]]

noted additional burdens of both time and resources to meet the 
proposed FSTD requirements. Other comments suggested using preexisting 
deviation authority mechanisms to achieve an equivalent level of 
safety.
VFR and IFR Fuel Requirements
    The FAA received comments on parts 91 and 135 VFR and IFR fuel 
requirements. Commenters requested different variations of two comment 
themes: (1) performance-based fuel reserves, and (2) use of fuel 
requirements specified for helicopters. Several commenters noted that 
powered-lift incorporating innovative power sources could offer greater 
operational capability if they were able to use energy reserves lower 
than those currently prescribed for airplanes or helicopters. They 
asserted that by enforcing the requirements proposed in the NPRM, the 
FAA would limit the capability and scope of operations. Other 
commenters suggested applying helicopter fuel requirements to powered-
lift, asserting that powered-lift, like helicopters, have the 
maneuverability and operational flexibility to land in more varied 
locations.
Visibility Requirements
    The FAA received comments on visibility requirements. Commenters 
requested to utilize the helicopter provisions existing in the 
regulations, as well as the adoption of a performance-based approach. 
Several commenters suggested applying helicopter weather minima rather 
than the airplane requirements. Several commenters also noted that 
technological advancements could enable powered-lift to safely operate 
in visibilities lower than currently prescribed for airplanes or 
helicopters. Furthermore, several commenters contended that since 
powered-lift could operate at speeds and maneuverability comparable to 
helicopters, they should be permitted to use the visibility 
requirements prescribed for helicopters or a performance-based 
visibility requirement.
Minimum Safe Altitudes for Operations Conducted Under Parts 91 and 135
    The FAA received comments on parts 91 and 135 minimum safe 
altitudes. Commenters requested: (1) the use of VFR minimum altitudes 
specified for helicopters (one variation proposed), and (2) 
performance-based minimum safe altitudes. Commenters suggested the FAA 
consider the operational capabilities of powered-lift, which are able 
to operate at low speeds and have the maneuverability similar to 
helicopters, and therefore apply the VFR minimum altitudes prescribed 
for helicopters. Commenters also suggested the FAA permit a 
performance-based approach when applying VFR minimum altitude 
requirements to powered-lift.
SFAR Duration (10 Years)
    Commenters supported the temporary adaptability of the SFAR but 
stated that an approach with 2 to 3-year reviews within the 10-year 
period would ensure dynamic rather than static regulations.

D. Differences Between the NPRM and the Final Rule

    The following table summarizes key changes from the NPRM made in 
this final rule.

                                    Table 2--Summary of Key Changes From NPRM
----------------------------------------------------------------------------------------------------------------
                                        Adopted by this Final   Regulatory citation (14   Additional discussion
     Proposed action in the NPRM                 Rule                     CFR)            in section of preamble
----------------------------------------------------------------------------------------------------------------
The NPRM did not propose to revise     This final rule adds     Sec.   1.1.............  XIV.D.
 the definition of autorotation.        powered-lift to the
                                        definition of
                                        autorotation.
The NPRM proposed to revise Sec.       This final rule does     Sec.   61.64(a)(1).....  V.I.5.
 61.64(a)(1) to specify the ratings     not adopt the proposed
 that must be sought when using an      revision.
 FSTD representing an aircraft
 requiring a type rating.
The NPRM proposed revising Sec.        The final rule adopts    Sec.   91.113(d)(2)-(4)  VI.B.1.
 91.113 as a temporary change under     the proposed Sec.
 part 194 and grouped powered-lift in   91.113 temporary
 the same right-of-way category with    change as a permanent
 airplanes and rotorcraft.              change.
The NPRM proposed amending the note    The regulation now       Sec.   135.100(d)......  VI.D.2.
 in Sec.   135.100 to replace the       clarifies the
 word ``airplane'' with ``aircraft''.   definition of taxi to
                                        include VTOL aircraft
                                        and specifies the
                                        airspeed and height
                                        above ground level.
The NPRM did not address Sec.          The final rule corrects  Sec.   135.165(d)......  VI.D.3.
 135.165, which contains an incorrect   the cross-reference in
 cross-reference to part 119.           Sec.   135.165(d) to
                                        reference part 110
                                        rather than part 119.
The NPRM did not propose revisions to  This final rule revises  Sec.   135.339(e)(3)     V.J.11.
 Sec.   135.339.                        certain training         and (4).
                                        regulations for check
                                        airmen to account for
                                        flight training in
                                        powered-lift with a
                                        single set of controls.
The NPRM did not propose revisions to  This final rule revises  Sec.   135.340(e)(3)     V.G.1.iv. & V.J.11.
 Sec.   135.340.                        certain training         and (4).
                                        regulations for
                                        instructors to account
                                        for flight training in
                                        powered-lift with a
                                        single set of controls.
The NPRM did not propose changing      The final rule corrects  Sec.   136.75(a).......  VI.E.5.ii.
 Sec.   136.75(a) to reference          Sec.   136.75(a) by
 ``single-engine'' rotorcraft.          adding ``single-
                                        engine'' before
                                        ``rotorcraft'' as a
                                        permanent change.

[[Page 92306]]

 
The NPRM did not propose revisions to  This final rule          Sec.   141.37(a)(3)(ii)  V.F.2.ii., V.G.2., &
 Sec.   141.37.                         corrects the ratings                              V.I.5.
                                        that may be held on a
                                        ground instructor
                                        certificate.
The NPRM proposed to replace           This final rule applies  Sec.   142.47(a)(5)....  V.F.2.ii.
 ``airplane'' requiring a type rating   the ATP aeronautical
 with ``aircraft'' requiring a type     experience
 rating, thereby including all          requirements to FSTD
 powered-lift, in regard to certain     instructors in
 instructor qualifications under part   airplanes and
 142.                                   helicopters requiring
                                        a type rating, powered-
                                        lift over 12,500
                                        pounds, and turbojet
                                        powered powered-lift
                                        rather than all
                                        aircraft requiring a
                                        type rating.
The NPRM did not propose any changes   This final rule adds a   Sec.   142.47(a)(5)(ii)  V.G.3.
 to the minimum aeronautical            qualification option     and (ii).
 experience requirements in Sec.        of holding a
 142.47(a)(5).                          commercial pilot
                                        certificate with the
                                        appropriate ratings or
                                        an unrestricted ATP
                                        with the appropriate
                                        ratings rather than
                                        meeting certain
                                        aeronautical
                                        experience
                                        requirements.
The NPRM did not include FAA test      This final rule adds     Sec.  Sec.   194.103,    V.F.2.i.d., V.F.2.ii.,
 pilots or ASIs in the population of    FAA test pilots and      194.203(a)(3),           V.F.7., V.D.3.ii.,
 pilots able to utilize the alternate   ASIs to the alternate    194.213(a)(1)(iii),      V.F.2.i.a.-d., V.F.7.,
 requirements set forth by part 194.    requirements for test    194.217,                 V.F.3.i.a.-c., &
                                        pilots, accounts for     194.219(b)(1)(i),        V.F.3.i.
                                        both groups of pilots    194.219(b)(3)(iii),
                                        as it pertains to        194.225,
                                        instructor pilots, and   194.227(b)(1)(i).
                                        adds definitions for
                                        both groups of pilots.
The NPRM did not account for persons   This final rule excepts  Sec.   194.209(c)......  V.C.
 receiving flight training in powered-  applicants receiving
 lift type certificated for more than   flight training from
 one pilot.                             Sec.   61.55(a)(1),
                                        (a)(2), and (b)(2) in
                                        order to serve as
                                        Second in Command
                                        (SIC) in a powered-
                                        lift type certificated
                                        for more than one
                                        required pilot flight
                                        crewmember.
The NPRM did not propose any relief    This final rule reduces  Sec.   194.216(a)......  V.F.2., V.F.2.iii.a., &
 to Sec.   61.129(e)(2)(i), which       the amount of required                            V.G.3.
 requires 50 hours of PIC time in a     PIC time in a powered-
 powered-lift.                          lift to 35 hours for
                                        pilots under the SFAR.
The NPRM proposed to only permit       This final rule permits  Sec.   194.216(b)......  V.F.2. & V.F.2.iii.b.
 pilots at approved training programs   any applicant under
 to credit a maximum of 15 hours in     the SFAR to credit a
 an FSTD toward the PIC flight time     maximum of 15 hours
 requirement of Sec.                    towards the 35-hour
 61.129(e)(2)(i).                       PIC flight time
                                        requirement of Sec.
                                        194.216(a).
The NPRM proposed to permit certain    This final rule reduces  Sec.  Sec.               V.F.2.ii.b.
 pilots to log up to 40 hours of PIC    the number of hours      194.221(c), 194.223(c).
 flight time as sole manipulator of     that may be logged
 the controls when the person is not    from 40 hours to 25
 rated.                                 hours to account for
                                        the reduction in
                                        required PIC flight
                                        time in a powered-lift
                                        (see Sec.
                                        194.216(a)).
The NPRM proposed to mirror a part     This final rule          Sec.   194.241(b)......  V.I.5.
 141 section prescribing certain        corrects the ratings
 ratings that may be held on a ground   that may be held on a
 instructor certificate.                ground instructor
                                        certificate, mirroring
                                        the correction to Sec.
                                          141.37(a)(3)(ii).
The NPRM did not contemplate           This final rule adopts   Sec.   194.243(b)(4)...  V.G.1.v.
 retraining requirements for            training and
 unsatisfactory performance on part     endorsement
 135 checks in lieu of a practical      requirements mirroring
 test.                                  Sec.   61.49 for
                                        certain unsatisfactory
                                        part 135 checks under
                                        the SFAR.
The NPRM referenced the Aircraft       This final rule          Sec.   194.247(b)......  V.J.3.
 Flight Manual as determining when      corrects the reference
 two pilots are required.               to the type
                                        certificate as
                                        dictating when two
                                        pilots are required.

[[Page 92307]]

 
The NPRM proposed to require a         This final rule          Sec.   194.247(b)(1)...  V.J.3.
 certificate holder conducting          specifies Sec.  Sec.
 commuter operations with powered-      121.903(c) and
 lift in which two pilots are           121.921(a) in subpart
 required to comply with subpart Y to   Y will apply to
 part 121.                              powered-lift,
                                        notwithstanding use of
                                        the term ``airplane''
                                        in the regulations.
The NPRM did not propose any relief    This final rule adopts   Sec.   194.253,          V.D.3.ii. & V.D.3.iii.
 to the requirement that a powered-     three options for        Appendix A to part 194.
 lift must have dual controls for       flight training in
 flight training.                       powered-lift with a
                                        single set of controls.
The NPRM proposed not allowing         The final rule allows     Sec.            VI.B.1., VI.B.2.,
 powered-lift to use the helicopter/    some powered-lift to     194.302(d) (pertaining   VI.B.4., & VI.B.5.
 rotorcraft criteria stipulated in      use the helicopter/      to Sec.   91.119).
 the following part 91 sections: Sec.   rotorcraft provisions
   91.119 (minimum safe altitudes),     as long as they meet
 Sec.   91.151 (VFR fuel                the performance-based
 requirements), Sec.  Sec.   91.155     criteria outlined in
 and 91.157 (VFR weather minimums),     part 194.
 Sec.   91.167 (IFR fuel
 requirements), Sec.   91.169 (IFR
 flight plan), and Sec.   91.175 (IFR
 takeoff and landing).
                                                                 Sec.            .......................
                                                                 194.302(l) (pertaining
                                                                 to Sec.   91.151).
                                                                 Sec.            .......................
                                                                 194.302(m) and (n)
                                                                 (pertaining to Sec.
                                                                 91.155).
                                                                 Sec.            .......................
                                                                 194.302(p) (pertaining
                                                                 to Sec.   91.157).
                                                                 Sec.            .......................
                                                                 194.302(q) (pertaining
                                                                 to Sec.   91.167).
                                                                 Sec.            .......................
                                                                 194.302(r) (pertaining
                                                                 to Sec.   91.169).
                                                                 Sec.            .......................
                                                                 194.302(s) (pertaining
                                                                 to Sec.   91.175).
The NPRM proposed not allowing         The final rule allows     Sec.            VI.D.2., VI.D.4., &
 powered-lift to use the helicopter/    some powered-lift to     194.306(c) (pertaining   VI.D.8.
 rotorcraft criteria stipulated in      use the helicopter/      to Sec.   135.93).
 the following part 135 sections:       rotorcraft provisions
Sec.   135.93 (Autopilot minimum        as long as they meet
 altitudes), 135.203 (VFR minimum       the performance-based
 altitudes), 135.205 (VFR visibility    criteria outlined in
 requirements), 135.209 (VFR fuel       part 194.
 supply), 135.221 (IFR alternate
 airport weather minimums), 135.223
 (IFR alternate airport
 requirements), 135.609 (VFR
 visibility requirements for Class G
 airspace), 135.613 (approach/
 departure IFR transitions), and
 135.615 (VFR flight planning).
                                                                 Sec.            .......................
                                                                 194.306(nn)
                                                                 (pertaining to Sec.
                                                                 135.203).
                                                                 Sec.            .......................
                                                                 194.306(pp)
                                                                 (pertaining to
                                                                 135.205).
                                                                .......................
                                        Sec.
                                        194.306(ss)
                                        (pertaining to Sec.
                                        135.209).
                                                                 Sec.            .......................
                                                                 194.306(tt)
                                                                 (pertaining to Sec.
                                                                 135.221).
                                                                 Sec.            .......................
                                                                 194.306(uu)
                                                                 (pertaining to Sec.
                                                                 135.223).
                                                                 Sec.            .......................
                                                                 194.306(qqq)
                                                                 (pertaining to Sec.
                                                                 135.609).
                                                                 Sec.            .......................
                                                                 194.306(sss) and (ttt)
                                                                 (pertaining to Sec.
                                                                 135.613).
                                                                 Sec.            .......................
                                                                 194.306(uuu)
                                                                 (pertaining to Sec.
                                                                 135.615).

[[Page 92308]]

 
The NPRM proposed applying the         The final rule applies   Sec.   194.306(t)......  VI.D.3.
 requirements of Sec.   135.158         Sec.   135.158 to
 (pitot heat indication systems) to     powered-lift but
 powered-lift.                          allows the indication
                                        light to be other than
                                        an amber light.
The NPRM did not address powered-lift  The final rule revises    Sec.            VI.D.3., VI.E.2.,
 that experience a ``critical change    some language in part    194.306(z) (pertaining   VI.E.3., & VI.E.5.i.
 of thrust.''                           194, pertaining to       to Sec.   135.168).
                                        parts 135 and 136, to
                                        reference powered-lift
                                        that experience a
                                        ``critical change of
                                        thrust'' and adopts a
                                        definition for this
                                        term.
                                                                 Sec.
                                                                 194.306(ii) and (jj)
                                                                 (pertaining to Sec.
                                                                 135.181).
                                                                 Sec.            .......................
                                                                 194.306(kk)
                                                                 (pertaining to Sec.
                                                                 135.183).
                                                                 Sec.            .......................
                                                                 194.308(d)(1)
                                                                 (pertaining to Sec.
                                                                 136.9).
                                                                 Sec.            .......................
                                                                 194.308(d)(2)(ii)
                                                                 (pertaining to Sec.
                                                                 136.11(a)(2)).
                                                                 Sec.            .......................
                                                                 194.308(d)(6)
                                                                 (pertaining to Sec.
                                                                 136.75(c)).
The NPRM did not clarify the           The final rule outlines  Sec.   194.306(nnn)      VI.D.8.
 instrument and ATP certificate         the instrument and ATP   (pertaining to Sec.
 requirements under Sec.   135.603.     certificate              135.603).
                                        requirements for
                                        powered-lift
                                        conducting air
                                        ambulance operations.
The NPRM did not apply the flotation   The final rule applies   Sec.   194.308(d)(2)     VI.E.3.
 requirements under Sec.   136.11 to    Sec.   136.11(a)(1) to   (pertaining to Sec.
 single-engine powered-lift and         single-engine powered-   136.11).
 applied the requirements only to       lift. It also applies
 powered-lift operating in vertical-    Sec.   136.11 to
 lift flight mode while conducting      powered-lift operating
 operations beyond the auto-            in both vertical-lift
 rotational or gliding distance from    and wing-borne flight
 the shoreline.                         modes. Finally, the
                                        final rule removes the
                                        redundant and
                                        unnecessary language
                                        pertaining to auto-
                                        rotational and gliding
                                        distances.
----------------------------------------------------------------------------------------------------------------

IV. Powered-Lift Type Certification and FSTD Qualification

A. Type Certification

    In the NPRM, the FAA did not propose any new requirements for the 
type certification of powered-lift. The FAA determined it will use its 
existing regulatory process to type certificate powered-lift as a 
special class under Sec.  21.17(b).
    The FAA uses a tiered safety approach for minimum certification 
standards, with different levels for airplanes and rotorcraft. For 
certain unique aircraft for which the FAA has not established 
airworthiness standards in its regulations (e.g., gliders, airships, 
powered-lift), the FAA uses the special class aircraft process. For 
powered-lift, the FAA will designate airworthiness requirements and 
other criteria that match the safety levels of existing standards by 
considering factors like aircraft size, seating, and performance. The 
FAA will publish the proposed airworthiness criteria, along with an 
explanation of its equivalency determination, in the Federal Register 
for public notice and comment for each powered-lift project.\11\
---------------------------------------------------------------------------

    \11\ E.g., see: Airworthiness Criteria: Special Class 
Airworthiness Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-
Lift, 87 FR 67399 (Nov. 8, 2022); 89 FR 17230 (March 8, 2024). 
Alternatively, the FAA may designate acceptable airworthiness 
criteria as the certification basis for powered-lift by publishing a 
future advisory circular (AC), as the agency has done for airships 
(AC 21.17-1A, Type Certification--Airships, dated Sept. 25, 1992), 
gliders (AC 21.17-2A, Type Certification--Fixed Wing Gliders 
(Sailplanes), Including Powered Gliders, dated Feb. 10. 1993), and 
very light airplanes (AC 21.17-3, Type Certification of Very Light 
Airplanes Under FAR 21.17(b), dated Dec. 21, 1992).
---------------------------------------------------------------------------

    In some cases, specific airworthiness requirements for issuance of 
type certificates might not fulfill the requirements of operational 
rules. Applicants seeking powered-lift type design approval should 
identify areas needing additional approvals to meet anticipated 
operational needs. Operational rules often reference airworthiness 
standards in part 23, 25, 27, or 29, but adaptations might be necessary 
for unique designs.
    In the NPRM, the FAA proposed that powered-lift weighing more than 
12,500 pounds would be required to meet certain operating regulations 
that currently apply to large transport category airplanes. The FAA 
also stated that this specific weight point would be an appropriate 
weight at which to apply certain transport category certification 
standards when type certificating powered-lift under Sec.  21.17(b). 
The FAA further requested comments on whether the public believes there 
is a more appropriate weight at which to apply transport category 
regulations to powered-lift.
    Two commenters generally supported the FAA's proposed approach for 
type certification. HAI commented that older powered-lift designs are 
significantly different from those proposed by recent applicants and 
supported the FAA's intended use of Sec.  21.17(b) for the type 
certification of unique and novel designs. The commenter also 
recommended collecting information during the certification process of 
novel AAM aircraft before requiring type ratings for each make and 
model. SAE International generally supported the FAA's intended use of 
performance-based regulations for powered-lift type certification 
airworthiness criteria.

[[Page 92309]]

    An individual commenter highlighted specific concerns regarding 
powered-lift type certification and recommended that the FAA consider 
the unique aspects of each design when developing the type 
certification requirements. The commenter highlighted the need to 
consider all the various flight-mode unique aspects and that the 
regulations should focus on control law development instead of 
prescribing specific regulations based on specific design 
configurations. The commenter also identified technical areas that the 
FAA should consider when developing powered-lift airworthiness 
criteria. The FAA agrees that the novel aspects of powered-lift require 
an alternate approach to existing prescriptive airworthiness standards 
for airplanes and rotorcraft, which is why the FAA expects to largely 
employ performance-based airworthiness criteria. The FAA also agrees 
that the novel features identified by the commenter require evaluation 
during powered-lift type certification; however, this is beyond the 
scope of this SFAR and will instead be covered in each powered-lift 
airworthiness criteria publication.
    An individual commenter requested clarification as to how the FAA 
would determine which airworthiness standards would be appropriate for 
use in the type certification of powered-lift and what criteria would 
be used to make this decision.
    As described in the NPRM, when conducting the evaluation for 
determining an equivalent level of safety to existing standards, the 
FAA will consider the powered-lift's specific type design features 
(aircraft's size, passenger seating configuration, performance, etc.) 
and evaluate them against the applicable airworthiness requirements 
contained in parts 23, 25, 27, 29, 33, and 35. In addition, certain 
transport category (i.e., 14 CFR parts 25 and 29) certification 
standards will be appropriate for powered-lift weighing more than 
12,500 pounds.
    EASA noted discrepancies in the type certification section of the 
NPRM. EASA stated that while the NPRM stated that no changes to type 
certification requirements were proposed, the FAA has separately 
published airworthiness criteria for two companies that propose changes 
to part 23 requirements and establish new requirements.
    To clarify the FAA's statement in the NPRM regarding no new/changed 
type certification requirements, the FAA noted that the existing 
regulatory structure in 14 CFR part 21 already provides the means by 
which powered-lift can receive a type certificate. Specifically, Sec.  
21.17(b) provides for the ability to type certificate powered-lift as a 
special class aircraft. As stated in the NPRM, under Sec.  21.17(b), 
the FAA designates the applicable airworthiness requirements, which may 
include requirements from the existing airworthiness standards 
applicable to normal category and transport category airplanes, normal 
category and transport category rotorcraft, aircraft engines and 
propellers (parts 23, 25, 27, 29, 33, and 35), and it may also include 
unique airworthiness criteria developed specifically for the individual 
product.
    Alakai Technologies Corporation stated the proposed entrants into 
the AAM industry include ``special class rotorcraft'' \12\ and powered-
lift, both of which would be type certificated under Sec.  21.17(b). 
However, the commenter noted the proposed rule provides a framework for 
airman certification and operation only for powered-lift, and not for 
special class rotorcraft. The commenter contended that without 
providing a framework for airman certification and operation for 
special class rotorcraft, special class rotorcraft will be prohibited 
from operating in the NAS, thereby limiting the market to powered-lift 
special class aircraft AAM technology.
---------------------------------------------------------------------------

    \12\ ``Special class rotorcraft'' are rotorcraft, as defined in 
Sec.  1.1, that meet three or more of the following criteria: (1) 
for its support in flight, the rotorcraft depends principally on the 
lift generated by three or more rotors and creates directional 
control by varying the power at each rotor; (2) the rotorcraft 
utilizes electric or hybrid-electric propulsion; (3) the 
rotorcraft's design includes an advanced flight control system 
(e.g., a fly-by-wire flight control system) that uses electronically 
operated controls such that the pilot has no direct mechanical link 
to the control surfaces or swashplate; and (4) the rotorcraft is not 
capable of traditional autorotation, but instead provides an 
alternate method of safe landing following loss of engine power. See 
definition of rotorcraft in 1.1 and FAA Policy Statement PS-AIR 
21.17-02.
---------------------------------------------------------------------------

    The commenter referred to a developing policy the FAA has not yet 
finalized that would designate certain rotorcraft as ``special class 
rotorcraft.'' Although special class rotorcraft would be type 
certificated under the special class process in Sec.  21.17(b), they 
still meet the regulatory definition of a rotorcraft in Sec.  1.1. As 
such, special class rotorcraft would fall under the operating and 
airmen rules for rotorcraft (helicopter) in parts 61, 91, 135, etc. and 
would not need the same accommodations that were necessary for powered-
lift. The FAA determined that the inclusion of special class rotorcraft 
in this SFAR was not needed for enabling those aircraft and that 
including special class rotorcraft is beyond the scope of this 
rulemaking to enable powered-lift.
    EASA asked how the FAA would consider operational alleviations for 
these type-certificated aircraft in the context of AAM. The FAA 
reviewed the SFAR language to determine where operational alleviations 
could be provided for powered-lift that meet certain performance 
criteria and made changes to the minimum safe altitude, visibility, and 
fuel reserves requirements. These accommodations are addressed within 
the respective sections of this preamble for each rule as applicable 
for powered-lift.
    Vertical Aerospace Group commented that powered-lift should be 
built to the highest safety standards and that the combination of 
complex aircraft systems and complex commercial operating environment 
require a design safety target of 10^-9 and Design Assurance 
Level (DAL) A for systems, software, and complex hardware, with respect 
to failure conditions classified as catastrophic. Additionally, the 
commenter requested the FAA provide details on what transport category 
airworthiness criteria would be used for powered-lift, including 
crashworthiness, gust loads, wind speeds, and performance criteria.
    Currently, airplanes and rotorcraft type certificated in the normal 
category are permitted to perform commercial operations transporting 
passengers without meeting the more stringent transport category design 
requirements. As stated in the NPRM, for powered-lift, which are type 
certificated under Sec.  21.17(b), the safety targets for each product 
are based on meeting an equivalent level of safety to the existing 
airworthiness standards. Rather than establishing a rigid ``one size 
fits all'' safety target or DAL for all powered-lift, which will be 
used in varied types of operations, the FAA separately considers each 
aircraft's unique design characteristics to ensure the selected 
airworthiness criteria are appropriate to the design, intended 
operations, and safety. The FAA will publish the proposed airworthiness 
criteria for each powered-lift, including an explanation of its 
equivalency determination, in the Federal Register for public notice 
and comment before issuing final airworthiness criteria.
    ALPA responded to the FAA's request for comments on applying 
transport category regulations to large powered-lift, those weighing 
more than 12,500 pounds. ALPA disagreed with the FAA's proposal to use 
12,500 pounds as the weight threshold for large powered-lift because 
ALPA asserted this cutoff is arbitrarily based on historical aircraft 
safety records that are not relevant to new aircraft being proposed in 
the

[[Page 92310]]

powered-lift industry. ALPA recommended that 7,500 pounds would be more 
appropriate for first-generation powered-lift, noting that this would 
allow the FAA to apply more appropriate sections of existing parts 135 
and 136 to the majority of the first-generation powered-lift.
    The FAA disagrees with the ALPA recommendation that 7,500 pounds 
should be used instead of 12,500 pounds as the weight at which 
transport category airworthiness standards would be appropriate. The 
FAA has determined that 12,500 pounds provides the appropriate level of 
safety and places the weight threshold between the weight limits for 
transport category airplanes and transport category rotorcraft.\13\ 
Imposing part 25/29 airworthiness requirements on powered-lift weighing 
12,500 pounds or less would decrease the useful payload of the powered-
lift and increase the cost of type certification.
---------------------------------------------------------------------------

    \13\ The NPRM included a typographical error that identified the 
normal category weight limits for rotorcraft and airplanes as 7,500 
lbs. and 19,500 lbs., respectively. The correct weight limits for 
those airworthiness standards are 7,000 lbs. and 19,000 lbs., 
respectively.
---------------------------------------------------------------------------

    XTI said that, in addition to wing-borne flight and vertical lift, 
some powered-lift will also operate in an intermediate configuration 
utilizing vectored thrust and wing-borne flight during takeoff and 
landing. This short takeoff and landing (STOL) mode, the commenter 
said, provides significant performance benefits and improves ranges. 
XTI requested clarification whether required runway distances would be 
calculated differently for powered-lift operating in STOL mode than the 
required distances for fully wing-borne flight.
    The method by which the required runway distance is calculated 
would be the same for powered-lift and conventional takeoff and landing 
aircraft; however, the distance for powered-lift would be shorter. The 
specific configuration for takeoff and landing would need to be defined 
in the flight manual along with the respective takeoff and landing 
performance for those configurations. However, the particular details 
in calculating runway distances for a certain powered-lift are beyond 
the scope of this SFAR.
    A helicopter pilot recommended that the FAA review its bird strike 
certification procedures when certificating powered-lift. The commenter 
cited concerns that powered-lift will be more prone to bird strikes 
than helicopters given they operate at lower altitudes and environments 
prone to more bird activity, generate less noise and rotor downwash 
that would normally keep birds away, and may travel at faster speeds. 
The commenter suggested powered-lift test pilots should use their 
experience to recommend methods of bird strike avoidance through 
training, emergency procedures, and system designs like detect-and-
avoid systems.
    The commenter's recommendations are beyond the scope of this SFAR. 
However, the agency notes that, to date, the FAA has included bird 
strike protection requirements in the proposed airworthiness criteria 
for the first three powered-lift applicants the agency has published 
for notice and comment under Sec.  21.17(b).\14\
---------------------------------------------------------------------------

    \14\ See Airworthiness Criteria: Special Class Airworthiness 
Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-Lift, 87 FR 
67399 (Nov. 8, 2022); Airworthiness Criteria: Special Class 
Airworthiness Criteria for the Archer Aviation Inc. Model M001 
Powered-Lift, 87 FR 77749 (Dec. 20, 2022); Airworthiness Criteria: 
Special Class Airworthiness Criteria for the AgustaWestland 
Philadelphia Corporation Model AW609 Powered-Lift, 88 FR 37805 (June 
9, 2023).
---------------------------------------------------------------------------

    The remaining comments on type certification requested 
clarification on language used in the NPRM preamble or specific 
information on the type certification process or specific safety 
objectives required during type certification. These comments are 
beyond the scope of this rulemaking. As stated previously, the specific 
airworthiness criteria for each powered-lift project will be published 
in the Federal Register for public notice and comment.

B. Noise Certification

    The FAA did not propose any new requirements for the noise 
certification of powered-lift. The FAA is mandated to establish noise 
standards and regulations that ensure public safety regarding aircraft 
noise. Recent advancements in electric motors and control systems have 
led manufacturers to develop novel aircraft that differ significantly 
from conventional ones covered by existing noise certification 
standards. The FAA will examine each application and determine whether 
the existing part 36 requirements are appropriate as a noise 
certification basis, as it does for all noise certification applicants. 
If the FAA determines that the part 36 rules are not sufficient for a 
particular powered-lift, the FAA may create rules of particular 
applicability for that powered-lift. Due to potentially diverse designs 
of these aircraft and limited data on their noise signatures, the FAA 
has not yet established broad noise standards for all powered-lift. 
However, powered-lift that are tilt-rotors are currently subject to the 
noise regulations of appendix K of part 36.
    If a manufacturer seeks certification for a powered-lift which 
could not be certificated using appendix K of part 36, the FAA would 
propose amending the SFAR to include operating noise limits in subpart 
I of part 91, which would be applicable to that powered-lift.\15\
---------------------------------------------------------------------------

    \15\ Appendix K to part 36 outlines noise requirements for 
tiltrotors utilized by a powered-lift. The FAA notes that these 
would be applicable to powered-lift if it is determined during the 
aircraft certification process.
---------------------------------------------------------------------------

    HAI said that the certification process could reveal that AAM 
vehicles emit less noise than traditional aircraft, referencing the GAO 
report cited in the NPRM.\16\ HAI said that current standards may need 
adjustment but that the certification process should reveal any 
requirements and inform future rulemaking in this area. The FAA 
contemplated the need for future rulemaking in the NPRM. Rather than 
use the existing requirements for small propeller airplanes, jet 
transport airplanes, helicopters, or tiltrotors in part 36, such 
diverse conceptual designs and new aircraft types may require tailored 
noise certification requirements. As stated in the NPRM, the FAA will 
examine each application and determine whether existing part 36 
requirements are appropriate as a noise certification basis, as it does 
for all noise certification applicants. If the current regulations 
cannot be applied appropriately, the FAA may promulgate a rule of 
particular applicability to establish a noise certification basis for 
these new aircraft designs. The noise sources from these aircraft have 
been shown to be complex, and the FAA does not yet have sufficient data 
on the aircraft types and noise signatures expected from these new 
entrants. Accordingly, until sufficient data are collected, the FAA 
would not be able to promulgate standards of general applicability for 
these aircraft.
---------------------------------------------------------------------------

    \16\ U.S. Government Accountability Office, GAO-22-105020, 
Transforming Aviation: Stakeholders Identified Issues to Address for 
``Advanced Air Mobility'', published, May 9, 2022. Publicly 
released, May 9, 2022.
---------------------------------------------------------------------------

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

    Part 60 prescribes the rules governing the initial and continuing 
qualification of all aircraft FSTDs, which includes full flight 
simulators (FFS) and flight training devices (FTDs) \17\ used to meet 
the training, evaluation, or flight experience requirements for 
flightcrew member certification or qualification. In accordance with 
Sec.  60.15, the FAA qualifies each FSTD at a specific level

[[Page 92311]]

if that FSTD meets the applicable Qualification Performance Standards 
(QPS). The QPS are published in the following appendices to part 60: 
appendix A for airplane FFSs, appendix B for airplane FTDs, appendix C 
for helicopter FFSs, appendix D for helicopter FTDs, appendix E for the 
quality management system for all FSTDs, and appendix F for definitions 
and abbreviations applicable to part 60. While appendices E and F will 
apply to powered-lift FSTDs, as discussed in the NPRM, part 60 does not 
set forth a powered-lift QPS similar to what exists for airplanes and 
helicopters. As discussed later in this section, the FAA maintains that 
creation and adoption of a new appendix as a permanent fixture in part 
60 is premature given the wide variation of powered-lift and rapid pace 
of development. Additionally, as discussed in this preamble, one intent 
of the SFAR is to equip the FAA with operational data to implement 
future permanent regulations, to include that data necessary to develop 
a powered-lift QPS in the future.
---------------------------------------------------------------------------

    \17\ See 14 CFR 1.1.
---------------------------------------------------------------------------

    In general, FSTDs qualified under part 60 are typically used to 
replace an aircraft for required air carrier or pilot certification 
training and proficiency checking. Because FSTDs are used for 
applications such as air carrier training and type rating training, 
detailed validation requirements are defined in the part 60 QPS to 
ensure that the FSTD performs equivalently to a specific make, model, 
and series of aircraft. Depending upon the qualification level of the 
FSTD, it may completely replace an aircraft for all training and 
proficiency checking events. As mentioned by one commenter who 
recommended caution on the use of simulators to replace an aircraft due 
to the ability to replicate complex aerodynamic environments, the FAA 
notes that rigorous objective validation requirements are applied to 
ensure the FSTDs perform equivalently to the aircraft in similar 
training and proficiency checking events. These validation requirements 
cover a wide range of training tasks, including takeoff, landing, 
hovering/low speed operations, and various other flight maneuvers that 
are required for pilot training and qualification. As described in the 
NPRM, the qualification of powered-lift FSTDs would be validated 
similarly in an objective manner to ensure the FSTD performs 
equivalently to the aircraft in required training and checking events.
    Therefore, the FAA proposed the addition of new requirements in 
Sec.  194.105 of the SFAR to enable the qualification of powered-lift 
FSTDs. The FAA contended that Sec.  194.105 would function to add 
flexibility to part 60 in proposed Sec.  194.105 to permit 
qualification of FSTDs of powered-lift using components of existing 
standards for airplanes and helicopters in appendices A through D to 
part 60, where applicable and as determined by the FAA, that would 
provide an equivalent level of safety to existing QPS components. As 
written in the NPRM, the proposal was intended to follow the 
established process in Sec.  21.17(b) for the certification of special 
classes of aircraft. This addition facilitates the FSTD qualification 
process by enabling FSTD sponsors to propose FSTD qualification 
standards where the current standards do not apply to new and novel 
aircraft designs. Particularly with objective validation testing, the 
ability to propose alternate testing methods is necessary to fully 
evaluate the FSTD's capability to provide pilot training for powered-
lift.
    The FAA received several comments on the proposed FSTD 
qualification process, to which it responds in the subsequent sections, 
and FAA adopts the rule text as proposed.
1. Publication of Proposed FSTD Standards
    Several commenters noted the urgency to enable a means to ensure 
safety and efficiency of FSTDs. Specifically, several commenters 
disagreed with publication of the proposed powered-lift standards to 
the Federal Register for notice and comment. The primary concern was 
that adding a notice and comment process would introduce an unnecessary 
delay in approving such standards and qualifying FSTDs. Commenters 
suggested alternatives such as: expediting an independent SFAR 
consisting only of a powered-lift QPS for part 60; creating an 
alternate means of compliance for interim certification; allowing FAA 
principal operations inspectors (POIs) to approve FSTDs for use within 
the training organization they oversee; developing an expert panel with 
approving authority who would conduct a technical review; and providing 
notice and an opportunity to comment only for the first QPS, then 
utilizing it as a baseline for future QPSs absent Federal Register 
publication.
    As discussed in the NPRM, the requirements proposed in Sec.  
194.105 will follow similar processes that are used to certify special 
classes of aircraft. The FAA understands commenters' concerns regarding 
the potential for delays; FAA is not required to, and does not plan to, 
adhere to all of the requirements for issuing generally applicable 
rules. The notice and comment process for a project of this nature, a 
rule of particular applicability, does not necessitate a full 
regulatory impact analysis or going through the same level of review as 
a rule of general applicability. Rather, the FAA anticipates working 
closely and directly with the FSTD sponsor and manufacturer to develop 
the QPS, after which the FAA would announce the availability of, and 
request comment on, the proposed QPS. FAA would solicit comment for a 
shorter timeframe than it typically does for a generally applicable 
rule, consistent with the time required to complete the comment 
consideration and adjudication process for the certification of special 
classes of aircraft. Additionally, the FAA does not intend to publish 
every proposed QPS for those FSTDs/QPS that have already been 
published. In other words, the FAA intends to leverage precedent for 
similarly situated FSTDs. For example, if Sponsor A qualified FSTD A 
under Sec.  194.105 (after notice, comment, and comment adjudication), 
and FSTD A was identical to FSTD B that Sponsor B wished to qualify, 
the FAA would apply FSTD A's QPS without public notice and comment, but 
after providing Sponsor B notice of the QPS and an opportunity to 
comment.
    To effectuate this process, while also recognizing there are 
instances (like the previously described scenario) where the FAA will 
find it unnecessary to provide public notice and seek comment, the FAA 
adopts a new paragraph in Sec.  194.105. Specifically, Sec.  194.105 as 
it was proposed will be designated as paragraph (a), and new paragraph 
(b) will set forth the FAA's intent to publish proposed QPSs in the 
Federal Register for comment. Additionally, paragraphs (b)(1) and (2) 
will acknowledge that the FAA may find public notice and comment to be 
unnecessary in certain circumstances. The FAA finds this regulatory 
approach will address commenters concerns with timeliness in 
publication where extenuating circumstances exist and when similar 
simulators seek to enter into service.
    The FAA anticipates that much of the existing FSTD standards in 
appendix A through appendix D to part 60 are applicable to powered-lift 
FSTDs with minor changes, including current general requirements, 
functions and subjective requirements, and certain cueing requirements 
for airplane and helicopter FSTDs. Additionally, portions of existing 
validation testing requirements may potentially be applied to powered-
lift with adjustments of testing maneuvers, modification of applicable 
parameters, and the addition

[[Page 92312]]

of testing conditions to cover unique aircraft characteristics and 
associated training requirements. The FAA already maintains a framework 
for adjudication of special class airworthiness comments and intends to 
leverage that existing framework in the adjudication of comments after 
QPS notice.
    While the FAA acknowledges that the notice and comment process may 
introduce some administrative burden and time delays, the transparent 
process and public participation benefits both the industry and the 
FAA. First, as previously mentioned, the FAA intends to use the SFAR to 
inform a permanent rulemaking to part 60 (i.e., likely the addition of 
appendices to part 60 for powered-lift FFS and FTD QPSs). By treating 
QPSs under the same framework as special classes of aircraft, the FAA 
foresees the accumulation of requisite information to propose the most 
appropriate permanent amendment to part 60. This information may stem 
from industry, sponsors, FAA inspectors and subject matter experts, and 
the general public; public notice provides an efficient and familiar 
platform for such input. The FAA recognizes that public commenters may 
have limited technical and proprietary information on the design of 
these new and novel aircraft designs but maintains the benefit of 
improving efficiency over time for new aircraft entry into the NAS. 
Additionally, the nature of public notice, adjudication of comments, 
and issuance of final QPS will establish precedent whereby interested 
stakeholders will be able to view past approved proposals and base 
future proposals upon them. Rather than addressing multiple individual 
proposals in a non-transparent manner through a deviation process, the 
FAA anticipates that the public notice and comment process could have a 
converging effect on the powered-lift FSTD standards over time.
    The FAA considered the various alternatives suggested by 
commenters. First, the creation of fixed QPS standards to part 60 
through a permanent generally applicable rulemaking or through an 
expedited SFAR is premature given the lack of any certificated powered-
lift and presentation of any powered-lift FSTD to the FAA. Primarily, 
the FAA lacks requisite information to develop a universal FSTD QPS 
applicable to the array of unique configurations of powered-lift. The 
SFAR approach facilitates a flexible and transparent process tailored 
to the specific powered-lift FSTD. The information and expertise 
accumulated during the pendency of the SFAR will position the FAA and 
its industry counterparts in a more conducive position to future 
permanent regulations. Furthermore, under the SFAR public comment 
process, feedback from the well-established airplane and helicopter 
simulation and training industry and other interested parties can be 
leveraged in proposed powered-lift FSTD standards to incorporate past 
lessons learned in utilizing simulation to improve simulator fidelity, 
pilot training, and, ultimately, aviation safety.
    Next, while POIs already approve the use of FSTDs for training,\18\ 
their responsibilities do not extend to the base qualification of the 
simulator. Rather, the Training and Simulation Group within the FAA's 
Office of Safety Standards is the office of primary responsibility for 
FSTD qualification and certification. The FAA Training and Simulation 
Group is comprised of aeronautical engineers, aviation safety 
inspectors, and analysts who specialize in the highly technical 
qualification activities for FSTDs. This existing branch and process 
resembles one commenter's suggestion to convene an expert panel with 
approving authority. Conversely, POIs and training center program 
managers (TCPM) maintain expertise in ensuring certificate holders 
apply appropriate regulations, policies, and procedures pertaining to 
use of the FSTD for training rather than the evaluation, approval, and 
oversight of QPS specifications. Where the Training and Simulation 
Group qualifies and assigns a specific level of qualification to the 
FSTD, the POI approves the FSTD for use by a certificate holder for a 
specific maneuver, procedure, or crewmember function. Due to the 
differing functions, training, and experience of the persons performing 
these separate job responsibilities, the FAA declines to expand POI 
responsibilities to include FSTD qualification as they do not have the 
specialized expertise required for such a duty.
---------------------------------------------------------------------------

    \18\ FAA Order 8900.1, Vol 3, Ch. 54, Sec. 5.
---------------------------------------------------------------------------

    The FAA comprehensively addresses alternate means of compliance and 
interim certification in subsequent sections.
2. Use of Deviation Authority
    Several commenters stated that the FAA could incorporate powered-
lift into part 60 through the already-existing mechanism of deviation 
authority set forth in Sec.  60.15(c)(5). These commenters explained 
that the FAA erroneously excluded deviation authority as an option, 
indicating that Sec.  60.1 gives the Administrator authority to 
designate an appendix as applicable to a powered-lift and then to 
utilize deviation authority to amend that designation. Other 
commenters, such as GAMA, expressed concern that the FAA had previously 
approved part 60 deviations for FSTD projects, and the new proposed 
process could result in regulatory risk and might delay these projects.
    The FAA acknowledges that some commenters believe there already 
exists a path to powered-lift FSTD qualification through part 60 
deviation authority. However, the NPRM preamble explained why Sec.  
60.15(c)(5) deviation authority is inapplicable; the FAA maintains this 
position. Section 60.15(c)(5) states that an FSTD sponsor or 
manufacturer may submit a request for approval of a deviation from the 
QPS requirements as defined in appendices A through D to part 60. Thus, 
the deviation authority is explicitly applicable to the already 
existing appendices for airplanes and helicopters only. To further 
support this narrowly scoped authority, as explained in the preamble to 
the final rule adopting Sec.  60.15(c)(5), the FAA added deviation 
authority to allow for FSTD sponsors to deviate from technical 
requirements in the part 60 QPS.\19\ Deviation may only be considered 
from minimum requirements tables, objective testing tables, the 
functions and subjecting testing tables, and other supporting tables 
and requirements in the part 60 QPS.\20\ Therefore, the deviation 
authority was never intended to be utilized to create a brand new QPS 
for a new class of aircraft, nor does the plain language of the 
regulation support such a use. Rather, deviation authority in Sec.  
60.15(c)(5) is utilized for those unique instances where novel airplane 
or rotorcraft characteristics do not precisely fit within the common 
and technical criteria set forth in the respective appendices or where 
a published FSTD standard, such as ICAO Document 9625,\21\ may be 
substituted for the part 60 QPS.
---------------------------------------------------------------------------

    \19\ Flight Simulation Training Device Qualification Standards 
for Extended Envelope and Adverse Weather Event Training Tasks final 
rule, 81 FR 18178 (Mar. 30, 2016); corrected at 81 FR 32016 (May 20, 
2016).
    \20\ Sec.  60.15(c)(5)(ii).
    \21\ Manual of Criteria for the Qualification of Flight 
Simulation Training Devices--Volume I--Aeroplanes (9625-1).
---------------------------------------------------------------------------

    Commenters are correct in noting that the FAA previously issued a 
deviation in accordance with Sec.  60.15(c)(5) for a powered-lift FSTD. 
Specifically, the FAA approved one deviation for a set of powered-lift 
FSTD standards under Sec.  60.15(c)(5) in 2018; however, an FSTD has 
not yet been qualified under this

[[Page 92313]]

approved deviation. While the FAA has since determined that the 
deviation authority is not the appropriate mechanism to approve FSTD 
standards for powered-lift, the FAA intends to work directly with that 
operator to facilitate FSTD qualification under this adopted 
process.\22\
---------------------------------------------------------------------------

    \22\ The FAA notes that commenters' concerns regarding 
regulatory risk did not include the specific regulations where risk 
would exist. As stated, the FAA intends to work directly with the 
operator issued a deviation in light of this final rule to avoid any 
noncompliance issues.
---------------------------------------------------------------------------

    The FAA acknowledges that the adopted SFAR process may result in 
less timely decision-making by the FAA as compared to using a deviation 
process without public notice and comment. However, what commenters are 
proposing would essentially be establishing new standards, because the 
existing appendices are not appropriate for these new FSTDs. The 
establishment of new standards must comply with the informal rulemaking 
requirements of the Administrative Procedure Act. In addition, the FAA 
believes that public input will provide value in helping to ensure the 
safe and efficient integration of powered-lift into the NAS and that 
this regulatory approach is designed to be as broad and open to 
innovation as possible without sacrificing safety and effectiveness.
3. Interim FSTD Qualification
    Lilium, CAE, NBAA, and others commented on the need for an interim 
FSTD qualification process for powered-lift FSTDs and advocated for the 
use of engineering/predicted data to support FSTD qualification. Some 
commenters urged the FAA to accept the engineering simulations and 
predicted engineering data from aircraft OEMs to expedite an interim 
qualification process.
    Part 60 supports interim FSTD qualifications, which would be 
equally applicable in the case of a powered-lift FSTD. Specifically, 
Sec.  60.21 sets forth the requirements for the interim qualification 
of FSTDs for new aircraft types or models and requires the sponsor to 
provide: (1) the aircraft manufacturer's data consisting of at least 
predicted data validated by a limited set of flight test data, (2) the 
aircraft manufacturer's description of the prediction methodology used 
to develop the predicted data, and (3) the Qualification Test Guide 
test results.\23\ Because this regulation applies to all aircraft, 
interim qualification is an available option to powered-lift FSTDs even 
within the alternate qualification framework set forth in the SFAR. As 
discussed in the NPRM preamble that adopted Sec.  60.21, the intent of 
interim qualification is to facilitate training before final flight 
test data is available so the operator can put the aircraft into 
service swiftly, while maintaining necessary safety standards.\24\ The 
regulation enables the use of the aforementioned predictive and/or 
engineering data that meets the reliability parameters set forth in 
Sec.  60.21(a) to support interim FSTD qualification and properly 
trained flightcrew in accordance with FAA pilot training and 
qualification standards. The FAA notes that engineering simulation and 
predicted engineering data may be accepted for airplanes and 
helicopters as an alternative to flight test data in accordance with 
appendices A and C to part 60; however, this concept is not succinctly 
applicable to powered-lift interim qualification because powered-lift 
and their corresponding FSTDs are new and novel entrants into the 
aviation market.
---------------------------------------------------------------------------

    \23\ Appendix F to part 60 defines the following terms: flight 
test data, predicted data, and qualified test guide.
    \24\ Flight Simulation Device Initial and Continuing 
Qualification NPRM, 67 FR 60284 (Sept. 25, 2002).
---------------------------------------------------------------------------

    Established practice and additional regulatory requirements in 
airplane and helicopter QPS clearly require the applicant to 
demonstrate past success by providing such data to support FSTD 
qualification.\25\ While the SFAR utilizes a non-traditional mechanism 
of QPS formation, establishing past success at providing predictive 
data that will support FSTD qualification continues to be a necessary 
deliverable for interim qualification so pilots will be adequately 
trained and checked in an interim qualified FSTD. Particularly with new 
and emerging aircraft designs, the FAA anticipates significant 
challenges with establishing past success in predicting the behavior of 
these aircraft for the purposes of developing real-time simulation 
models for pilot training.
---------------------------------------------------------------------------

    \25\ E.g., ``. . . based on acceptable aeronautical principles 
with proven success history and valid outcomes for aerodynamics, 
engine operations, avionics operations, flight control applications, 
or ground handling,'' appendix A to part 60, Attachment 2, 
paragraphs 8 (Additional information about flight simulator 
qualification for new or derivative airplanes) and 9 (Engineering 
Simulator--Validation Data). See similar language in appendix C, 
Attachment 2, Paragraph 9.
---------------------------------------------------------------------------

    In sum, new Sec.  194.105 does not prohibit a sponsor or 
manufacturer from pursuing interim qualification of an FSTD. The 
interim qualification requirements of Sec.  60.21 apply to all 
aircraft, including powered-lift. While the FAA predicts challenges in 
the accumulation of powered-lift FSTD flight test data sufficient to 
meet the requirements for interim qualification, if a sponsor or 
manufacturer could meet the standard as set forth in Sec.  60.21(a), 
the SFAR does not foreclose interim qualification.
4. Emerging Technological Advances in FSTDs
    Several commenters, including AWPC, CAE, Vertical Flight Society, 
Advanced Air Mobility Institute, and GAMA, stated that the FAA must 
consider new and innovative simulation technologies, such as virtual 
reality (VR), extended reality (XR), and mixed reality (MR) systems. 
The commenters emphasized that these technologies provide opportunities 
for safe, immersive training, as well as offer the potential to 
significantly reduce the hardware footprint of an FSTD flightdeck and 
visual system. Additionally, the commenters stated that integrating new 
and novel technology would reduce associated material cost to the 
operator. These commenters urged the FAA to update part 60 to account 
for novel technology, use ``acceptability'' standards to account for 
novel technology, or use Sec.  61.4(c) to approve the novel devices 
that provide comparable fidelity and representation. The Advanced Air 
Mobility Institute recommended collaborating with the U.S. Armed Forces 
to understand their training regime, which includes desktop avionics 
trainers, mixed reality part-task trainer, and common software flight 
training devices. ALPA further commented that virtual reality and mixed 
reality technologies should only be used after qualification standards 
have been established and should not replace the in-aircraft training 
or minimum FFS used.
    The FAA acknowledges the potential benefit of immersive simulation 
technologies like virtual reality, extended reality, and mixed reality 
in improving FSTD quality and reducing the overall cost of simulation 
for pilot training. In addition to powered-lift FSTDs, the use of 
immersive simulation technologies is an issue currently being addressed 
by the FAA under existing airplane and helicopter standards. The FAA is 
actively working toward encompassing these tools into the qualification 
regime for all aircraft, not just powered-lift. Because the current 
part 60 standards do not specifically address immersive technologies, 
such as virtual reality systems, the FAA recognizes the need to 
facilitate these technologies. Additionally, while the current part 60 
standards do not yet address the use of such immersive technologies for 
FSTDs, this does not necessarily prevent an operator or training 
provider from using such

[[Page 92314]]

technologies for training that does not require the use of an FSTD, 
such as for classroom instruction or providing flightdeck 
familiarization training to prepare students for formal flight 
training.
    The FAA notes, however, a survey of past research work on virtual 
reality systems as applied to pilot training simulators has shown 
instances of significant degradation of pilot performance and increased 
simulation sickness in virtual reality-equipped simulators.\26\ The FAA 
must understand the effectiveness, benefits, and shortcomings of these 
systems in conducting pilot training and evaluation before 
memorializing FSTD qualification with such systems in part 60, not just 
for powered-lift, but for any aircraft. The FAA recognizes that the 
aforementioned study likely does not represent the state of the art in 
virtual reality systems and that additional study on the latest 
advancements is needed. To inform future policy decisions and potential 
rulemaking, the FAA recently initiated an immersive simulation research 
study \27\ to examine, for example, human factors, potential use cases, 
and technical standards for virtual reality and other systems. 
Currently, the FAA is engaging with sponsors and manufacturers to work 
toward qualification of lower-level helicopter FSTDs with virtual 
reality systems, as well as maintaining awareness of EASA's recent FSTD 
qualification with a virtual reality system.\28\ In sum, the FAA 
remains committed to staying apprised of new and novel technology that 
serves as a benefit in pilot training and preparation.
---------------------------------------------------------------------------

    \26\ E.g., Oberhauser, M., Dreyer, D., Braunstingl, R., & 
Koglbauer, I. (2018). ``What's real about virtual reality flight 
simulation? Comparing the fidelity of a virtual reality with a 
conventional flight simulation environment.'' Aviation Psychology 
and Applied Human Factors, 8(1), 22-34.
    \27\ The FAA's Tech Center Acquisition & Grants Division in the 
Office of Finance and Management published an RFI to complete a 
feasibility assessment and to develop the requirements for Immersive 
Flight Simulation CRADA(s) on December 14, 2022, See Government RFI 
for Immersive Flight Simulation Cooperative Research and Development 
Agreement, available at SAM.gov.
    \28\ www.easa.europa.eu/en/downloads/137723/en.
---------------------------------------------------------------------------

    Further, the QPS process adopted by this final rule will not 
prohibit a manufacturer or sponsor from proposing a QPS that includes 
new and novel technologies. For powered-lift FSTDs, applicants may 
propose the use of virtual reality systems under the SFAR process, 
similar to how airplane and helicopter FSTD manufacturers may propose, 
use, or require a deviation to facilitate these systems within their 
airplane or helicopter FSTD. Because the FAA has well-established 
standards for conventional simulation in appendices A through D to part 
60, the applicant must include sufficient supporting data and 
justification that the virtual reality-equipped FSTD can satisfactorily 
provide relevant fidelity to an equivalent level or better than that of 
a conventional FSTD at the same qualification level to facilitate 
satisfactory pilot training and checking. In developing this 
justification, piloted experiments comparing performance, workload, 
simulation sickness, and transfer of training between a virtual reality 
FSTD and a conventional FSTD acceptable to the FAA should be 
considered.
5. Use of Consensus Standards
    SAE International and CAE both urged the FAA to recognize consensus 
standards for powered-lift FSTDs when published. As discussed in the 
NPRM, the FAA intends to consider consensus standards during the 
qualification of powered-lift FSTDs under part 60. The FAA is aware of, 
and participates in, certain consensus standards subcommittees tasked 
with examining FSTD qualification standards for powered-lift. At the 
time of the publication of the NPRM, no publicly available consensus 
standards existed to reference; therefore, the FAA declined to include 
them as a compulsory basis for qualification. However, under the SFAR 
process, an applicant may propose the use of an industry consensus 
standard to support the qualification of a powered-lift FSTD.
    While the FAA intends to leverage consensus standards as 
efficiently as possible for both industry and the FAA, the broad array 
of powered-lift features and inability to identify similar operating 
characteristics \29\ render a universal approval akin to part 23 
consensus standards challenging. However, the FAA intends to review 
proposed consensus standards for approval and determine the application 
of any necessary conditions or limitations upon availability. Because 
the FAA does not currently have a proposed consensus standard to 
review, consideration on the applicability of a future consensus 
standard will likely initially be made on a project-by-project basis. 
If a proprietary consensus standard is submitted for consideration, the 
FAA would not publish this standard in full to the Federal Register but 
would publish a summary of the proposed action and any applicable 
differences or conditions and limitations.
---------------------------------------------------------------------------

    \29\ See section V.A.
---------------------------------------------------------------------------

6. Levels of FSTD Qualification
    Archer, CAE, VFS, and others commented that there will be a need 
for FSTDs other than a Level C or higher FFS. The FAA agrees that many 
levels of FSTDs are currently necessary and available for both airplane 
and helicopter pilot training, and there will likely be a similar need 
for additional FSTD levels for powered-lift pilot training. For FSTD 
qualification purposes, Sec.  194.105 will not limit FSTD qualification 
to only Level C FFS and above.\30\ Under the FSTD qualification process 
in the SFAR, an applicant may propose standards for any FSTD 
qualification level in part 60 using the standards in appendices A 
through D to part 60 as a baseline. Where an applicant proposes unique 
FSTD configurations that are not consistent with established part 60 
FSTD appendices, such as with virtual reality-equipped FSTDs or 
alternative motion platform, the sponsor or manufacturer must provide 
justification and supporting data demonstrating the capability of the 
FSTD to conduct approved pilot training and evaluation at the requisite 
level of qualification sought.
---------------------------------------------------------------------------

    \30\ See Section IV.C.6.
---------------------------------------------------------------------------

V. Certification of Powered-Lift Pilots

    As outlined in the Executive Summary, the introduction of powered-
lift as a new category of civil aircraft creates unique challenges for 
pilot training and certification, particularly when considering the 
lack of available certificated powered-lift in which a flight 
instructor would conduct flight training and the difficulty in 
obtaining flight training itself due to a lack of qualified flight 
instructors.
    To address these barriers, the FAA finalizes alternate aeronautical 
experience requirements and expanded logging provisions, in section 
V.F. of this preamble. Additionally, section V.F.6. of this preamble 
provides tables summarizing the requirements for pilot certification to 
facilitate readability of the alternate experience and logging 
provisions.

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

    Part 61 prescribes the requirements for issuing pilot and flight 
instructor certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the privileges and 
limitations of those certificates and

[[Page 92315]]

ratings.\31\ The FAA issues six levels of pilot certificates (student, 
sport, recreational, private, commercial, and ATP) and assigns 
category, class, and type ratings on each pilot certificate.\32\ To act 
as PIC of any aircraft, a person must hold the category, class, and 
type rating (if class and type are applicable) on their pilot 
certificate.\33\ Part 61 sets forth the requirements (e.g., 
aeronautical experience, practical test) to obtain such certificates 
and ratings.
---------------------------------------------------------------------------

    \31\ Sec.  61.1(a)(1).
    \32\ Sec.  61.5.
    \33\ Sec.  61.31(d).
---------------------------------------------------------------------------

    Part 1 of 14 CFR, which provides definitions and abbreviations for 
Title 14, defines category and class for the purposes of airmen 
ratings. Specifically, ``category'' is defined as a broad 
classification of aircraft (e.g., airplane, rotorcraft, powered-lift), 
while ``class'' is defined as a group of aircraft within a category 
having similar operating characteristics (e.g., single engine, 
multiengine, helicopter).\34\
---------------------------------------------------------------------------

    \34\ Sec.  1.1.
---------------------------------------------------------------------------

    In 1997, when the FAA established the powered-lift category in part 
61, the FAA declined to create powered-lift classes or require type 
ratings for powered-lift beyond those established in Sec.  61.31(a) 
(i.e., large aircraft or as specified by the Administrator under 
aircraft type certificate procedures).\35\
---------------------------------------------------------------------------

    \35\ Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------

    During the development of the NPRM, the FAA reconsidered whether 
(1) classes of powered-lift could be established and (2) type ratings 
should be required. In this final rule, the FAA maintains its position 
on the infeasibility of establishing powered-lift classes at this time 
and adopts the requirement for the PIC of a powered-lift to hold a type 
rating on their pilot certificate. This section briefly discusses the 
amendment and responds to comments.
    Currently, pursuant to Sec.  61.31(a), a person must hold a type 
rating to act as PIC of (1) a large aircraft \36\ (except lighter-than-
air), (2) a turbojet-powered airplane, and (3) other aircraft as 
specified by the Administrator through aircraft type certificate 
procedures.\37\ To obtain a type rating, a person must receive 
aircraft-specific training and pass a practical test in the aircraft 
for the type rating sought.\38\ Currently, the FAA's regulatory 
framework in part 61 allows for the issuance of a powered-lift category 
rating on a pilot certificate and does not specifically require a type 
rating to act as PIC of a powered-lift operation (unless a powered-lift 
specifically meets one of the parameters in Sec.  61.31(a)).
---------------------------------------------------------------------------

    \36\ Section 1.1 defines ``large aircraft'' as ``aircraft of 
more than 12,500 pounds, maximum certificated takeoff weight.''
    \37\ As discussed in the NPRM, FSBs are normally established 
when the responsible FAA Aircraft Certification Office issues a Type 
Certificate for large aircraft, turbojet powered airplanes, and 
other aircraft specified by the Administrator through the aircraft 
certification process (see Sec.  61.31(a)). Powered-lift will be 
evaluated under the existing FSB process by the Aircraft Evaluation 
Division, which will determine the requirements for a pilot type 
rating and develop training objectives for the type rating.
    \38\ Sec.  61.63(d), 61.157(b).
---------------------------------------------------------------------------

    In the NPRM, the FAA extensively discussed the lack of commonality 
between each design of powered-lift.\39\ For example, powered-lift 
types are expected to vary in configuration from tilt-wing, tilt-
propeller, lift plus cruise, and tilt plus cruise designs, as well as 
varying degrees of automation. Further, powered-lift have unique flight 
and handling qualities managed with indirect flight controls, meaning 
movement of the inceptor does not directly correlate to the movement of 
a specific flight control surface.\40\ The divergence of 
characteristics between powered-lift drives, first, the infeasibility 
to create classes because there is not a discernable group of similar 
operating characteristics with which the FAA can create classes at this 
time. Secondly, it drives the need for specific training and testing in 
the powered-lift that a PIC intends to operate. Generalized training 
requirements based on a broad categorization of powered-lift alone 
would not adequately address the unique characteristics and operating 
requirements of each individual aircraft.
---------------------------------------------------------------------------

    \39\ 88 FR 38946 at 38956 (June 14, 2023).
    \40\ For purposes of this preamble, the term ``inceptor'' refers 
to a wide variety of non-traditional pilot controls through which 
pilot inputs are managed for the purpose of operating the powered-
lift.
---------------------------------------------------------------------------

    Therefore, to establish an appropriate level of safety by ensuring 
persons receive adequate training and are tested on the unique design 
and operating characteristics of each powered-lift, the FAA proposed to 
require a person who acts as PIC of a powered-lift to hold a type 
rating \41\ in new Sec.  61.31(a)(3).\42\
---------------------------------------------------------------------------

    \41\ The FSB will evaluate each powered-lift on a case-by-case 
basis to determine whether the training recommended by the 
manufacturer will enable the pilot to safely operate the aircraft in 
the NAS. Additionally, the FSB will identify the unique 
characteristics of each powered-lift that require special training, 
which will be documented in the Flight Standardization Board Report 
(FSBR). Subsequently, these findings are utilized to determine the 
applicability of tasks within the appropriate powered-lift Airman 
Certification Standards for training, testing, and checking.
    \42\ The FAA also proposed to redesignate current Sec.  
61.31(a)(3), which requires a type rating for other aircraft 
specified by the Administrator through aircraft type certificate 
procedures, as new Sec.  61.31(a)(4).
---------------------------------------------------------------------------

    These proposals necessitated conforming amendments within part 61. 
Section 61.5(b)(7) sets forth the aircraft type ratings that may be 
placed on a pilot certificate when the applicant satisfactorily 
accomplishes the training and certification requirements for the rating 
sought. These type ratings include the aircraft currently identified in 
Sec.  61.31(a), as well as the SIC pilot type rating for aircraft that 
are type-certificated for operations with a minimum crew of at least 
two pilots. The FAA proposed to revise paragraph (b)(7)(iii) to reflect 
the proposed aircraft type rating for a powered-lift and to redesignate 
current Sec.  61.5(b)(7)(iii) as new Sec.  61.5(b)(7)(iv). The FAA also 
determined current Sec.  61.5(b)(7)(iv), which allows for the issuance 
of a SIC pilot type rating, does not belong under Sec.  61.5(b)(7). 
Section 61.5(b)(7) contains aircraft type ratings; however, a pilot 
type rating subject to ``SIC Privileges Only'' is not an ``aircraft'' 
type rating. To more accurately capture the SIC pilot type rating as a 
pilot rating independent of ``aircraft,'' the FAA proposed to relocate 
this provision to stand independently in new Sec.  61.5(b)(9).
Comments in Support of a Type Rating
    Several commenters expressed support for the FAA's proposal to 
require a type rating for each powered-lift a PIC seeks to operate. 
AgustaWestland Philadelphia Corporation (AWPC),\43\ BETA, Lilium, and 
Joby agreed with the proposed type rating requirement, citing the lack 
of commonality between powered-lift designs and their diverse 
capabilities. Likewise, ALPA and A4A endorsed the FAA's proposed 
approach to require a type rating to recognize the uniqueness of 
powered-lift, diversity of aircraft handling characteristics, and 
operations relative to evolving aircraft designs. ALPA added that some 
reports list over 500 different designs of powered-lift under 
manufacturer development and stated that pilots cannot rely on the 
transferability of skills between powered-lift types. An individual 
commenter noted that, because powered-lift systems are complex and 
quite different from one another, pilots should be qualified similarly 
to jet type ratings, specifically emergency recovery procedures. HAI 
expressed general support for the type rating requirement at this time 
but urged a cautious

[[Page 92316]]

approach, as subsequently discussed in this section.
---------------------------------------------------------------------------

    \43\ AgustaWestland Philadelphia Corporation is a subsidiary of 
Leonardo S.p.A Helicopter Division.
---------------------------------------------------------------------------

ICAO Recommendation: Powered-Lift Type Rating on Existing Airplane or 
Rotorcraft Certificate
    While these commenters supported a type rating, many supported the 
type rating framework specifically as recommended by ICAO Annex 1, 
section 2.1.1.4,\44\ which permits a Licensing Authority to endorse a 
type rating for aircraft of the powered-lift category on an airplane or 
helicopter pilot license. Commenters supporting this position included: 
NATA, CAE, Eve, AWPC, Lilium, BETA, Supernal, the Vertical Flight 
Society, ADS Group, Vertical Aerospace Group, FlightSafety 
International, AUVSI, Ferrovial Airports, GAMA,\45\ Joby, NBAA, 
Aerospace Industries Association, Helicopter Association International, 
L3Harris, and EASA.
---------------------------------------------------------------------------

    \44\ ICAO Annex 1, 14th Ed. (July 2022). ICAO sets forth Section 
2.1.1.4 until March 5, 2025.
    \45\ GAMA suggested amending part 194 (and revising SFAR 
references as appropriate) to say that the appropriate category and 
class for powered-lift is that found by the Administrator to be 
appropriate, as designated by the type certificate data sheet and 
FSB report. GAMA noted there was precedent for this approach when 
the FAA provided relief to Wing from Sec.  135.243 rules with 
respect to ``appropriate category and class ratings'' for the 
operation of its powered-lift unmanned aircraft. See, Exemption No. 
18163 issued to Wing Aviation, LLC (Mar. 28, 2019). Since the 
issuance of Exemption No. 18163 in 2019, the FAA has determined that 
it erroneously tied having a type certificate to the ability to 
define the appropriate category, class and type of aircraft. In 
actuality, the FAA has the ability to determine definitionally under 
14 CFR 1.1 what category and class of aircraft it is. Additionally, 
the FAA notes that unmanned aircraft were not contemplated in the 
FAA regulations when they were conceived, and that unmanned 
operations are unique--autonomy, airspace, capability, people on 
board, etc.--and do not fit into the traditional category and class 
framework.
---------------------------------------------------------------------------

    Many commenters supported Sec.  2.1.1.4 on two premises. First, 
commenters agreed with the premise that all powered-lift are unique 
enough to require a type rating which renders a category rating 
unnecessary. Therefore, given the similarity to airplanes and 
helicopters, commenters stated that removing the powered-lift category 
rating requirement and fully aligning with Sec.  2.1.1.4 in the simple 
addition of the powered-lift type rating to an existing airplane or 
helicopter certificate would maintain an equivalent level of safety to 
the traditional certification framework. Second, commenters stated that 
alignment with Sec.  2.1.1.4 would facilitate training and checking in 
Level C or higher simulators,\46\ which commenters emphasized would 
standardize training and data collection to support continuous training 
improvement.
---------------------------------------------------------------------------

    \46\ Sec.  61.63(d).
---------------------------------------------------------------------------

    ICAO Annex 1 contains a recommended transitional measure in section 
2.1.1.4 that permits a licensing authority to endorse a type rating for 
a powered-lift category on an existing airplane or helicopter category 
pilot license (i.e., certificate). Application of this optional 
transitional measure would require the endorsement of the rating on the 
license to indicate that the aircraft is part of the powered-lift 
category and the training for the type rating must have been completed 
during an approved training course incorporating all relevant aspects 
of operating an aircraft of the powered-lift category, taking previous 
experience of the applicant into account as appropriate.
    Joby stated the FSB operational evaluation process is adaptable 
within the type rating framework by providing appropriate consideration 
of new technologies or unique training needs, including special 
emphasis areas (training requirements) and specific flight 
characteristics (checking requirements) unique to a type. Supernal said 
ICAO would add category and class ratings at a later date when such 
additions could be supported by data. L3Harris posited that once 
sufficient experience is gathered, the FAA could reevaluate the 
category requirement and implement permanent rules as needed.
    GAMA resubmitted the ``GAMA Manufacturer Consensus Recommendations 
for the FAA's Powered-Lift Special Federal Aviation Regulation (SFAR)'' 
providing insights from the powered-lift industry to the FAA regarding 
SFAR regulation.\47\ Participants in the letter highly encouraged the 
FAA to reconsider the GAMA member consensus initiative aligned with 
ICAO,\48\ as it promotes adaptability, harmonization with international 
standards, and collaboration with other aviation authorities. The 
commenters supported the ICAO guidance as recognizing that pilot 
qualification and training shall be based on an aircraft's 
capabilities. GAMA further commented that the type rating for powered-
lift should be defined in accordance with FAA's existing Operational 
Evaluation Board Process in a manner appropriate for each aircraft. In 
sum, given the global nature of the eVTOL industry, GAMA stated 
adopting an approach that reflects the ICAO framework is imperative. 
The Advanced Air Mobility Institute suggested that harmonization and 
coordination with EASA would reduce bureaucratic hurdles and minimize 
duplication of efforts. Additionally, the Advanced Air Mobility 
Institute asserted that through a joint approach, seamless training and 
certification procedures can be facilitated, leading to enhanced 
efficiency and benefits for all stakeholders involved.
---------------------------------------------------------------------------

    \47\ As noted in the NPRM, on July 21, 2022, GAMA submitted a 
letter to the FAA providing its recommendations regarding consensus 
standards for powered-lift. The FAA has placed a copy of this letter 
in the docket for this rulemaking. On August 17, 2022, the FAA met 
with GAMA to discuss eVTOL Entry Into Service. The FAA did not take 
the recommendations contained in the letter or the contents of the 
meeting into consideration while developing the NPRM. GAMA 
resubmitted the letter and information related to the listening 
session to the docket in response to the NPRM. The FAA has 
incorporated responses throughout this preamble appropriate to the 
respective subject matter. FAA-2023-1275-0086.
    \48\ The FAA interprets GAMA's broad reference to ``ICAO 
guidance'' in their comments, subsequently referenced throughout 
this preamble, as a reference to ICAO Doc. 10103 and recommendations 
in the applicable ICAO Annex.
---------------------------------------------------------------------------

    The FAA first notes that the transitional measure is a 
recommendation \49\ and not a standard. Under Articles 37 and 38 of the 
Chicago Convention, the U.S. is required to comply with ICAO standards 
or notify ICAO of differences. However, because section 2.1.1.4 is a 
permissive recommendation, the FAA is neither required to comply with 
the transitional measure nor file a difference with ICAO when deviating 
from recommended practices.
---------------------------------------------------------------------------

    \49\ Annex 1 defines Recommended Practices, in pertinent part, 
as any specification of which the uniform application is recognized 
as desirable in the interest of safety, regularity, or efficiency of 
international air navigation, and to which Contracting States will 
endeavor to conform in accordance with the Convention.
---------------------------------------------------------------------------

    As discussed in the NPRM, the FAA duly considered implementation of 
section 2.1.1.4 and declined to disrupt FAA's traditional airman 
certification framework by the addition of a type rating within a 
wholly different aircraft category to an existing certificate with a 
different category rating. Since 1997, part 61 has included regulations 
for powered-lift pilot and flight instructor certification. The FAA 
concedes that those regulations do not adequately address the unique 
challenges of introducing a new category of aircraft to civil 
operations; therefore, through this SFAR, the FAA chose to facilitate 
alternative measures for a pilot to directly receive a powered-lift 
category rating and a powered-lift type rating. Similar to the 
conditions set forth in ICAO's transitional recommendation, these 
alternative measures to receive a powered-lift category and type rating 
would be completed during training

[[Page 92317]]

provided under an approved or proposed training curriculum \50\ and 
would take previous experience of an applicant in an airplane or 
helicopter into account, as appropriate.\51\
---------------------------------------------------------------------------

    \50\ See Sec. Sec.  194.217, 194.219, 194.221, 194.223, 194.225, 
194.227, 194.229, 194.231.
    \51\ I.e., by virtue of the proposed eligibility prerequisites 
for pilots to utilize the relieving alternate framework that will be 
set forth in part 194.
---------------------------------------------------------------------------

    The FAA acknowledges commenters' suggestions to more strictly align 
with ICAO's recommended transitional measure in section 2.1.1.4, 
reiterated in section 955 of the 2024 FAA Reauthorization. The FAA 
notes that commenters generally disagreed with the FAA's proposal to 
keep the powered-lift as a separate category of aircraft. These 
commenters stated that ICAO's standard provides an equivalent or higher 
level of safety but failed to provide supporting rationale as to why 
the FAA should deviate from its generalized airman certification 
framework in existence or how the transitional measure would provide an 
equivalent or higher level of safety to meeting the longstanding 
aeronautical experience requirements specific to a category of 
aircraft. Additionally, the FAA notes that ICAO Annex 1 does not forego 
the powered-lift category completely but gives the temporary option of 
an alternate means for a member state to implement the powered-lift 
category.
    The FAA maintains that while powered-lift vary widely within the 
respective category, they are essentially a hybrid between an airplane 
and a helicopter with a distinct foundational set of 
characteristics.\52\ Therefore, assurance of proficiency in those 
characteristics is an essential element of airman training that may be 
lost if a type rating, with no minimum flight hour or flight training 
requirement before testing for such rating,\53\ is simply added to an 
existing airplane or helicopter rating, thereby rendering it 
impracticable for the FAA to wholly align with ICAO Recommendation 
2.1.1.4, as explained throughout this section. While these pilots have 
significant prior experience operating in the NAS by virtue of holding 
a certificate with an airplane category rating or rotorcraft category, 
helicopter class rating, the experience is not tailored to powered-lift 
operations (the subsequent section of this preamble explains the FAA's 
finding on the value of the category rating).
---------------------------------------------------------------------------

    \52\ See 14 CFR 1.1, Powered-lift definition: a heavier-than-air 
aircraft capable of vertical takeoff, vertical landing, and low 
speed flight that depends principally on engine-driven lift devices 
or engine thrust for lift during these flight regimes and on 
nonrotating airfoil(s) for lift during horizontal flight.
    \53\ Sec.  61.63(d).
---------------------------------------------------------------------------

    The FAA recognizes there is a fine line between a powered-lift 
being so unique that none resemble each other, thereby eliminating the 
similarities associated with a category of aircraft, and all powered-
lift possessing similar fundamental characteristics such that a 
category rating remains essential. The subsequent section discusses 
additional comments received on the FAA's proposal to retain the 
powered-lift category and the safety benefit of doing so. This preamble 
also provides discussion of simulator time in section V.D. of this 
preamble.
Value of the Powered-Lift Category
    Several commenters discussed the powered-lift category. As 
previously stated, the predominant position identified a perceived 
inconsistency between the FAA's statements about the uniqueness of 
powered-lift to support a universal type rating requirement and those 
statements supporting the powered-lift category rating as foundational. 
Additionally, commenters discussed the burden and barriers that a 
powered-lift category rating requirement would bestow on operators. 
CAE, NBAA, and Eve stated that a powered-lift category rating would 
create challenges in developing an initial cadre because it would 
require an FSB team to spend several months with the manufacturer to 
receive training compared to a type rating, which would only require a 
few weeks, according to the commenters. Joby and NBAA stated the 
category-based approach is potentially unsafe because it could lead to 
a negative transfer of skills between aircraft.\54\ Similarly, an 
individual commenter noted that pilots of aircraft that operate 
primarily in wing-borne flight mode (e.g., F-35, AV-8) may not be 
properly trained to fly aircraft that possess the unique aerodynamic 
and handling qualities-related effects of aircraft that generate thrust 
via proprotors.
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    \54\ The FAA acknowledges difficulties with entry into service 
for aircraft with single controls. Section V.D. of this preamble 
addresses these challenges.
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    Lilium suggested that, should the FAA maintain the requirement for 
a powered-lift category rating, the FAA should credit commercial pilot 
and ATP flying experience toward the powered-lift category rating. 
Specifically, Lilium stated an approach should focus on powered-lift 
type rating specifics with a combined check at the end of training. 
Finally, HAI generally expressed that the FAA should credit time logged 
in both airplanes and helicopters in the qualification framework.
    The FAA considers the aircraft category rating to be a key element 
of airman certification for ensuring persons exercising the privileges 
of their pilot certificate possess a common level of competency. To be 
eligible to obtain a category rating, a person must complete set hours 
of flight time and flight training in the category of aircraft. 
Moreover, unlike class ratings within a category, a pilot who holds a 
category rating and seeks to add a new category to their pilot 
certificate must meet all of the flight time and flight training as 
would be required for an initial category rating.\55\ Nearly 30 years 
ago, the FAA identified the need to establish a new powered-lift 
category for emerging technology.\56\ At that time, the FAA explained 
that these regulations were necessary to respond to the future needs of 
aviation because industry was developing powered-lift and the pilot 
certification standards did not adequately reflect the certification 
requirements for powered-lift.\57\ Like airplanes and rotorcraft, 
modern powered-lift vary significantly in terms of operational 
capabilities and complexity. However, like airplanes and rotorcraft, 
the FAA has determined that the wide range of current powered-lift in 
development share enough design attributes to establish a common 
aircraft category and ensure that a new powered-lift pilot has the 
necessary aeronautical experience to safely operate that category of 
aircraft in the NAS.
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    \55\ Under Sec.  61.63(c)(3), a person who seeks to add a class 
rating in the same category of aircraft is not required to complete 
the prescriptive flight training requirements for an initial class 
rating but rather must only have a logbook or training record 
endorsement from an authorized instructor attesting that the person 
was found proficient in the appropriate areas of operation. Under 
Sec.  61.63(b)(1), a person adding a category rating must complete 
all of the aeronautical experience requirements for the certificate 
level.
    \56\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, NPRM, 60 FR 41160 (Aug. 11, 1995); final 
rule, 62 FR 16220 (Apr. 4, 1997).
    \57\ 62 FR 16220 at 16230 (Apr. 4, 1997).
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    The FAA notes that, for purposes of airman certification, an 
aircraft category groups similar aircraft that are designed to produce 
lift in a certain way. The characteristics of each category and how it 
produces lift lends itself to unique conditions a pilot would 
experience exclusive to the category of aircraft being operated. 
Powered-lift pilots operating a powered-lift may conduct operations 
that are similar to airplanes and helicopters, but the pilot's 
experience in either category is unique to that category and would not 
(1)

[[Page 92318]]

completely prepare the pilot for what may be encountered in a totally 
unique category of aircraft and (2) would not have the same unique 
conditions as a result of the production of lift by just wings or 
engine or just a rotor system.
    Pilots maintain proficiency on specific flight characteristics 
based on these differing categories of aircraft (e.g., their unique 
production of lift), such that category flight experience is not a 
comprehensive fit to another category. For example, unique conditions 
specific to only an airplane or only a helicopter include engine 
failures and vortex ring state. During a loss of power in a multiengine 
airplane, a pilot must be cognizant of the speeds at which they are 
flying because a pilot of a multiengine airplane could encounter a loss 
of directional control attributed to operations below the airplanes 
published VMC.\58\ In a multiengine airplane, operations 
below VMC result in a loss of directional control because 
the thrust is provided directly by the multiple engines. In a 
helicopter, the engines power a drive train that provides thrust 
through a rotor system. Since the thrust is not being directly provided 
by the engines in a helicopter there is no published VMC. 
Therefore, a helicopter would not experience loss of directional 
control because of operations below VMC as outlined for a 
multiengine airplane. Likewise, a pilot of a helicopter must be 
proficient in recovering from a vortex ring state, which is a transient 
condition of downward flight in which an aircraft descends through the 
air after previously ingested by the rotor system causing portions of 
the rotor blade to stall. If not corrected, the pilot experiences 
significant descent rates that require immediate intervention unique to 
a helicopter.\59\ This condition is the result of the operation of a 
helicopter's rotor system producing downwash. As an airplane does not 
have a rotor system, this condition would not occur in an airplane.
---------------------------------------------------------------------------

    \58\ VMC is a calibrated airspeed at which following 
the sudden critical loss of thrust the pilot would still be able to 
maintain directional control of the multiengine airplane. See 
Airplane Flying Handbook, FAA-H-8083-3C (2021), page 13-2.
    \59\ FAA Helicopter Flying Handbook FAA-H-8083-21B at 11-9.
---------------------------------------------------------------------------

    These examples are specific to the category of aircraft in which 
they are encountered, of which, a powered-lift may or may not ever 
experience. Moreover, powered-lift are operationally capable of both 
vertical takeoffs and landings as well as horizontal flight. This 
increased transitional complexity means an aircraft, while perhaps 
having some similar characteristics as an airplane or helicopter, has 
very unique and more novel conditions that may arise that would 
preclude crediting airplane or rotorcraft hours to count as comparable 
experience.
    Given these characteristics, a pilot operating a powered-lift must 
be proficient in adverse conditions related to both horizontal flight 
and vertical take-off and landings (i.e., certain airplane and 
helicopter characteristics), as all powered-lift have these 
capabilities regardless of the size, and any other powered-lift 
specific condition that may arise. A pilot who holds only a pilot 
certificate with an airplane category rating would lack proficiency in 
vertical takeoffs or landings and wouldn't be familiar with unique 
characteristics of flight that may be similar to a helicopter. 
Likewise, a pilot who holds a pilot certificate with only a rotorcraft 
category with helicopter class rating could lack proficiency in 
conditions related to horizontal flight similar to that of an airplane. 
Proficiency in both is required for any powered-lift, regardless of 
size, that may not be sufficiently covered in type rating training 
focused on a specific aircraft rather than universal category-shared 
characteristics. Therefore, the FAA disagrees with the notion that 
requiring a powered-lift category introduces safety risks into the NAS 
and maintains that the foundational characteristics necessitate a 
generalized powered-lift category rating.
    In making this determination, the FAA also examined the areas of 
operation and tasks required to be performed to obtain a powered-lift 
category rating versus those required for a powered-lift type rating. 
The FAA found that the areas of operation covered when an applicant 
takes a practical test for a commercial pilot certificate with a 
powered-lift category rating are more expansive and include 
foundational concepts and skills necessary to operate any powered-lift 
in the NAS. In comparison, the areas of operation that are covered for 
a powered-lift type rating tend to be more narrowly tailored to a 
particular powered-lift, assuming the applicant would have the 
foundational category skills (or be concurrently attaining such 
proficiency). For example, broader Areas of Operation (AOO) such as 
airport and heliport operations (III), rapid deceleration/quick stop 
(AOO VI, Task A), slow flight and stalls (AOO VIII); high altitude 
operations (AOO X); and special operations (AOO XI) appear on the 
powered-lift category rating test as foundational category 
elements,\60\ but are not covered on the powered-lift type rating test, 
nor would some of these foundational elements be covered on an airplane 
category or rotorcraft category, helicopter class practical test.\61\ 
Comprehensive proficiency to facilitate safe operations in the NAS must 
include these foundational elements, among others set forth in the 
applicable ACS, that may be overlooked given a type-rating only 
training and practical test.
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    \60\ Commercial Pilot for Powered-lift Category ACS (FAA-S-ACS-
2).
    \61\ The FAA notes that the Commercial Pilot for Powered-Lift 
Category ACS sets forth a table indicating the required tasks for 
each area of operation tested in accordance with the ACS for the 
addition of a powered-lift category rating to an existing commercial 
pilot certificate, which results in an abbreviated test for SFAR 
pilots where there is overlap in foundational elements between 
categories. For example, pilots who possess a commercial pilot 
certificate with an airplane category rating (and any airplane class 
rating) are not required to test again on high altitude operations 
(AOO X).
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    Additionally, the FAA also notes the practical complexities of 
subjective assignment of an aircraft category as suggested by GAMA. 
Without a clearly communicated standard under which powered-lift would 
be certificated, the regulated community would be at a disadvantage in 
(1) lack of advanced notice of certification requirements (e.g., if a 
powered-lift was assigned in the airplane category during the type 
certification process, but the manufacturer only employed helicopter 
pilots), (2) arbitrary determination frameworks (e.g., how close a 
powered-lift would be required to align with the helicopters or 
rotorcraft to be in that category, whether it was a key system 
determination driver, etc.), and (3) potential absence of consistency 
in operational requirements (e.g., minimum safe altitude requirements 
\62\ and emergency equipment for overwater operations \63\ differ for 
helicopters and airplanes).
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    \62\ Section 91.119(d) permits a helicopter to operate at less 
than the minimums prescribed in Sec.  91.119(b) or (c) provided the 
operation is conducted without hazards to persons or property on the 
surface and that each person operating the helicopter complies with 
any routes or altitudes specifically prescribed by the FAA for 
helicopters.
    \63\ Sec. Sec.  135.167 and 135.168.
---------------------------------------------------------------------------

    Joby provided two examples of how the FAA's proposal to maintain a 
powered-lift category rating would introduce unanticipated safety 
risks. In Joby's first example, a person intends to operate a large, 
turbine-engine powered-lift. The individual seeks to meet the 
requirements of Sec.  61.129(e)(1) \64\ by

[[Page 92319]]

operating a small powered-lift with a significantly dissimilar pilot 
interface, for economic considerations. Joby posits there is a negative 
transfer of piloting skills from the operation of the dissimilar 
aircraft. In Joby's second example, a person has obtained a powered-
lift instrument rating in a powered-lift with airplane-like controls. 
The person then seeks to operate a powered-lift with helicopter-like 
controls. When the pilot encounters instrument meteorological 
conditions (IMC), they do not have the piloting skills or experience to 
operate the aircraft safely or experience negative transfer of pilot 
skills from operation of the dissimilar aircraft. Joby stated that the 
powered-lift instrument rating may give a pilot the confidence to fly 
in IMC when they are not prepared for the piloting task.
---------------------------------------------------------------------------

    \64\ Section 61.129(e)(1) requires an applicant for a powered-
lift rating at the commercial pilot certificate level to obtain 100 
hours of flight time in powered aircraft of which 50 hours must be 
in powered-lift.
---------------------------------------------------------------------------

    The central safety risk at issue in these two examples is cured by 
virtue of a type rating. If a person utilized a small powered-lift to 
build time for a powered-lift category rating to eventually fly a 
large, turbine-engine powered-lift, they will still be required under 
adopted Sec.  61.31(a)(3) to obtain a type rating for the large 
powered-lift. The required type rating training and testing for a type 
rating intends to cover any operational proficiency gap between 
powered-lift types. Similarly, in Joby's second example, the person 
will be required to obtain a type rating both in a powered-lift with 
airplane-like controls and in a powered-lift with helicopter-like 
controls. While the instrument-powered-lift rating is not type-specific 
within the powered-lift category,\65\ the type rating, which requires 
training and testing, will establish the pilot's proficiency in the 
specific aircraft which thereby addresses any possible safety gap.\66\
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    \65\ The FAA notes that the instrument rating is, likewise, not 
type specific within the airplane category or rotorcraft category, 
helicopter class.
    \66\ For example, AOO V in the ATP and Type Rating for Powered-
Lift Category ACS requires the applicant to demonstrate certain 
instrument procedures.
---------------------------------------------------------------------------

    In developing the NPRM, the FAA reconsidered whether to utilize the 
long-established powered-lift category as a means to integrate pilot 
certification of powered-lift pilots. The FAA determined that enabling 
the existing powered-lift category was the most logical means of 
establishing an existing cadre of powered-lift pilots without relying 
solely on pilots who received certification through existing military 
competency provisions. Therefore, the FAA will retain the requirement 
to obtain a powered-lift category rating as proposed.
    Relatedly, as discussed in the NPRM, the FAA notes that some 
powered-lift have been issued special airworthiness certificates for 
experimental purposes in accordance with Sec.  21.191 and foresees a 
need to continue this kind of certification in the future. In general, 
experimental aircraft are not subject to the same airworthiness 
standards as those aircraft holding standard airworthiness certificates 
(e.g., regulatory design, build, maintenance, and inspection 
requirements). In accordance with Sec.  91.319(i), the Administrator 
may prescribe additional operating limitations for experimental 
aircraft where necessary for safety and risk mitigation with various 
hazards inherently introduced by experimental aircraft. The FAA has 
employed the operating limitations issued with an experimental 
airworthiness certificate to require pilots to hold category and class 
ratings for all experimental aircraft and additional authorizations for 
certain experimental aircraft even when no passengers are carried on 
board.\67\ As with experimental airplanes and experimental rotorcraft, 
the FAA will apply category ratings and other authorizations (e.g., the 
authorization to act as PIC) through operating limitations for 
experimental powered-lift, as warranted.
---------------------------------------------------------------------------

    \67\ See FAA Order 8130.2J, Appendix D, Table D-1, Operating 
Limitations.
---------------------------------------------------------------------------

Establishment of Powered-Lift Classes
    Some commenters disagreed with the FAA's conclusion that the 
creation of powered-lift classes is infeasible at this time. One 
individual stated there is potential for different classes within 
powered-lift, expressing concern that restricting powered-lift and 
pilot designations to only a type within the category could impede 
progressive growth. The commenter suggested a basic class structure, 
such as a tiltrotor class. Another individual commenter added that it 
would be useful to have the option to delineate classes because 
powered-lift can have broadly similar characteristics (e.g., utilizing 
proprotors for thrust, fly by wire, and similar operating 
characteristics and performance).
    The FAA contemplated establishment of powered-lift classes both in 
the 1997 rulemaking and in this rulemaking. Specifically, similar to 
the commenters' suggestions, the FAA considered tilt-rotor, tilt-wing, 
ducted fan, and vectored thrust classes. However, the FAA maintains 
that, given the lack of certificated powered-lift in the civilian 
market, establishing classes of powered-lift is infeasible because the 
powered-lift anticipated to enter the civilian market vary in unique 
configurations, or possibly a combination of configurations (e.g., 
tilt-wing, tilt-propeller, lift plus cruise, tilt plus cruise). The 
purpose of a class is to establish enough commonality of operating 
characteristics \68\ and flight controls to allow for pilot skills to 
transfer from one aircraft of that class to another.
---------------------------------------------------------------------------

    \68\ See 14 CFR 1.1, Class (1).
---------------------------------------------------------------------------

    For example, a multiengine airplane possesses ailerons, rudder, and 
elevator, all of which are controlled by flight controls in the 
flightdeck. Regardless of the make and model of the multiengine 
airplane being flown, these lifting surfaces will react similarly to 
flight control inputs by the pilot. This commonality of operating 
characteristics specific to airplanes allows for the transfer of pilot 
skills from one multiengine airplane to another. Additionally, many 
multiengine airplanes have feather propellers, propeller 
synchronization, fuel crossfeed, and other similar systems that pilots 
would recognize when operating a multiengine airplane from a broad 
perspective. Moreover, a pilot with proficiency in certain conditions 
arising from piloting an airplane with two engines would be similarly 
situated across this all-multiengine class of airplanes. For example, a 
pilot with a multiengine class rating would understand a published 
VMC, which is a calibrated airspeed that is marked on an 
airspeed indicator with a blue line, to indicate a critical airspeed a 
pilot must avoid if encountering an engine failure regardless of the 
multiengine airplane the pilot operates within the class (i.e., a 
transfer of skills and knowledge within the common set of 
characteristics).\69\ Unlike the multiengine airplane class example, 
the FAA is unable to identify commonalities, outside of those category-
based characteristics, that will allow for transfer of pilot skills 
from one powered-lift to another within that group with certainty at 
this time.
---------------------------------------------------------------------------

    \69\ For additional information on VMC see the FAA 
Airplane Flying Handbook, FAA-H-8083-3C (2021), page 13-2.
---------------------------------------------------------------------------

    The FAA acknowledges the suggestions of classes by commenters 
(e.g., tilt-wing, tilt-propeller, etc.). However, the FAA maintains 
that the lack of civilian powered-lift at this time impedes the FAA 
determining that common characteristics of two powered-lift overcome 
drastically different characteristics in another area. For example, 
under the commenter's suggestion, the Bell-Boeing V-22 Osprey

[[Page 92320]]

and the AW609 would be of a common tiltrotor class; yet differences in 
inceptor arrangement, motion and effect of flight controls, and 
envelope protection strategies would result in substantially deviated 
operating characteristics such that a pilot's knowledge, skills, and 
proficiency may not transfer.
    Therefore, because each powered-lift can have different 
configurations, unique inceptors, diversified flight controls, and 
complicated and distinctive operating characteristics, which are not 
traditionally present in overarching classes of aircraft to such a 
degree, the FAA maintains that type ratings best address the 
distinctive characteristics. A type rating will ensure the PIC 
possesses the requisite training and proficiency on each unique and 
central element of the powered-lift, regardless of broad 
characteristics that may be shared amongst certain powered-lift 
category. The FAA notes that this does not foreclose the possibility 
that classes could emerge at a later time.
Type Rating Determination
    CAE stated that airman certification through the type rating, as 
determined by ICAO, should be tailored to the flight characteristics 
for each powered-lift as the aircraft may vary considerably depending 
on the aircraft design and the different modes in which they operate. 
Additionally, an individual requested that the FAA provide additional 
information as to the factors or standards that would be considered for 
type rating determinations. Specifically, the commenter asked how 
similarities or differences will be evaluated between two powered-lift, 
and what criteria will be used to deny or grant a type rating. The 
commenter provided a hypothetical, asking whether two powered-lift with 
different propulsion systems, control systems, or performance 
characteristics would require separate type ratings or whether they 
could be covered by a common type rating with differences training.
    As discussed in the NPRM, the FAA initiates a Flight 
Standardization Board (FSB) during the aircraft certification process 
for aircraft that require a type rating. Since each powered-lift will 
require a type rating, as set forth by adopted Sec.  61.31(a)(3), an 
FSB will be formed to evaluate each powered-lift to make 
recommendations for the pilot type rating training (i.e., whether the 
training recommended by the manufacturer will enable the pilot to 
safely operate the aircraft in the NAS). Should a manufacturer later 
introduce a derivative or variant (e.g., model, series) of a type-
certificated aircraft, the FAA will conduct another FSB of the new 
aircraft and make recommendations to determine whether certain aircraft 
warrant the same type rating and for any differences training and 
checking or special training necessary to operate the aircraft in the 
NAS. Difference levels specify FAA requirements proportionate to, and 
corresponding with, increasing differences between related 
aircraft.\70\ These processes apply equally to all aircraft, including 
powered-lift. Therefore, in sum, the FAA notes that it is possible that 
a common type rating could emerge in the future if a single 
manufacturer produced multiple powered-lift sharing similar designs and 
operating characteristics; the FAA will procedurally apply the same 
steps to powered-lift as is currently implemented for the establishment 
of a common type rating.
---------------------------------------------------------------------------

    \70\ Specifically, the FAA's differences training framework 
constitutes five levels, in order of the increasing training and 
checking requirements necessary to address the necessary knowledge, 
skills, and abilities a pilot must demonstrate as applicable to an 
aircraft for which a pilot is already qualified and current during 
the initial transition or upgrade training for other related 
aircraft at a commercial operator. See AC 120-53, as revised, for 
additional information on difference levels.
---------------------------------------------------------------------------

    As previously discussed, the FAA proposed that all PICs seeking to 
operate a powered-lift would be required to receive a type rating. A 
type rating is a one-time, permanent endorsement on a pilot certificate 
indicating that the holder of the certificate has completed the 
appropriate training and testing as required by the applicable section 
of the Code of Federal Regulations.\71\ Section 1.1 of 14 CFR provides 
the definition of ``type,'' as it pertains to a rating, as a specific 
make and basic model of aircraft, including modifications thereto that 
do not change its handling or flight characteristics. Therefore, in 
some cases, a type rating includes the series of aircraft (e.g., Boeing 
747-400), if applicable, and in other cases the type ratings only apply 
to one aircraft. The Sec.  1.1 definition of type will apply to 
powered-lift as it applies to any other type of aircraft in the 
establishment of a type rating. Therefore, if during the type 
certification process the FAA determined that a make and basic model of 
powered-lift was modified, but to a degree so as not to change its 
handling or flight characteristics, that type rating might include the 
series of powered-lift. In addition, the FAA has procedures to 
establish a common type rating. A ``common type rating'' is a term used 
in FSB reports to describe a relationship between type ratings for 
aircraft with different type certificates that have no greater than 
Level D training differences. For example, the B-757 and the B-767 are 
separate type ratings determined to have commonality and, therefore, 
have a common type rating.\72\ The type rating for a certificated 
aircraft can be determined to be related to another type rating of 
another certificated aircraft of the same make provided the aircraft 
meet the criteria of the T1 (equivalence) or the T2 (handling 
characteristics) and T3 (core pilot skills with no greater than Level D 
differences).\73\
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    \71\ ``Rating'' is defined in 14 CFR 1.1 as a statement that, as 
a part of a certificate, sets forth special conditions, privileges, 
or limitations.
    \72\ See Flight Standardization Board Report, Revision 11 (12/
07/2020).
    \73\ See, Advisory Circular, 120-53, as revised, Guidance for 
Conducting and Use of Flight Standardization Board Evaluations 
Appendix 1, Definitions and References.
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Opposition to Removal of Sec.  61.5(b)(7)(iii)
    Airbus Helicopters expressed concern regarding the proposed 
replacement of current Sec.  61.5(b)(7)(iii), which sets forth the 
ratings that may be placed on a pilot certificate when an applicant 
satisfactorily accomplishes the training and certification requirements 
for other aircraft type ratings specified by the Administrator through 
the aircraft type certification procedures. Airbus Helicopters stated 
that replacing current Sec.  61.5(b)(7)(iii) with ``Powered-lift'' 
could impact the normal category helicopter requiring a type rating and 
is not consistent with the proposal in ``Chapter V.'' \74\ The 
commenter proposed replacing the current content of Sec.  
61.5(b)(7)(iv) (SIC pilot type rating) with ``powered-lift'' instead.
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    \74\ Given the context of the comment, the FAA believes that 
commenter intended to refer to the FAA's proposal in the NPRM 
preamble (88 FR 38946, June 14, 2023), specifically section V. 
Certification of Powered-lift Pilots.
---------------------------------------------------------------------------

    While the commenter did not clearly describe what consequences may 
result from the proposed changes, the FAA disagrees with the commenter 
that the proposed language will have consequences on normal category 
aircraft. The provisions are simply re-ordered; current Sec.  
61.5(b)(7)(iii) will move to paragraph (b)(7)(iv) and current Sec.  
61.5(b)(7)(iv) will move to paragraph (b)(9).
Simplified Flight Controls and Advanced Air Mobility
    Several commenters raised the topic of AAM \75\ aircraft and 
powered-lift with

[[Page 92321]]

simplified flight controls \76\ as it relates to type ratings. HAI 
stated that many AAM aircraft will not need type ratings to be operated 
safely and that many aircraft used in air taxi \77\ operations today 
generally do not require type ratings. HAI recommended a cautious 
approach to type ratings when considering aircraft under development to 
serve the AAM market, specifically comparing aircraft used in air taxi 
operations flying in low altitude, dense urban environments, and 
congested airspace, where pilots are not generally required to hold a 
type rating.
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    \75\ Public Law 17-203 defines the terms ``advanced air 
mobility'' and ``AAM'' as ''a transportation system that transports 
people and property by air between two points in the United States 
using aircraft with advanced technologies, including electric 
aircraft or electric vertical take-off and landing aircraft, in both 
controlled and uncontrolled airspace.'' Public Law 17-203 (Oct. 17, 
2022).
    \76\ ``Simplified flight controls'' here has the same meaning as 
the proposed definition contained and in the Modernization of 
Special Airworthiness Criteria (MOSAIC) NPRM. An aircraft with 
simplified flight controls meets three criteria: (1) the pilot can 
only control the flight path without direct manipulation of 
individual aircraft control surfaces or adjustment of the available 
power; (2) the aircraft is designed to prevent loss of control 
regardless of pilot input; and (3) the aircraft must have a means of 
enabling the pilot to discontinue flight quickly and: safely and the 
means by which flight is discontinued is designed to prevent 
inadvertent activation. See MOSAIC NPRM: www.federalregister.gov/documents/2023/07/24/2023-14425/modernization-of-special-airworthiness-certification.
    \77\ The term ``air taxi,'' as used by this commenter refers to 
AAM operations. It is not a reference to operations by an air taxi 
operator as defined in 14 CFR 298.3.
---------------------------------------------------------------------------

    CAE generally echoed HAI's statements regarding AAM. Additionally, 
CAE stated that aircraft designs with later introductions to the NAS 
might be semi-autonomous and use more of a push-button interface, 
simplifying demands on the pilot. CAE cited discussion from the FAA's 
recently published NPRM commonly known as MOSAIC, where the FAA 
proposed to account for certain aircraft to use simplified flight 
controls.\78\ CAE emphasized that this concept could apply to all 
aircraft, advancing operations toward uncrewed operations.
---------------------------------------------------------------------------

    \78\ Modernization of Special Airworthiness Certification NPRM, 
88 FR 47650 (July 24, 2023).
---------------------------------------------------------------------------

    Similarly, AIR VEV disagreed with the type rating proposal as 
burdensome, specifically as it would apply to private pilots (discussed 
in the following section) operating simple powered-lift that do not 
possess complex characteristics and safety risk aspects of existing 
aircraft that require a type rating. AIR VEV disagreed with the FAA's 
assumption that all manufacturers intend to produce powered-lift for 
commercial purposes. Specifically, AIR VEV noted that, as an OEM, they 
seek to develop a powered-lift to be utilized for initial pilot 
certification at the private pilot certificate level and that their 
powered-lift will not possess the same characteristics underlying the 
reason for a type rating as currently set forth by Sec.  61.31. AIR VEV 
claimed that the type rating requirement is at odds with the MOSAIC 
NPRM because this powered-lift rulemaking would require a type rating 
for the entire category of light sport aircraft. AIR VEV urged the FAA 
to follow the MOSAIC proposal of training and an endorsement for those 
powered-lift with simplified flight controls rather than the type 
rating requirement.
    An individual also supported a case-by-case type rating 
determination, citing a variety of autonomous factors including, in 
pertinent part: complexity and uniqueness of control laws (CLAWs), 
level of automation, control strategies, and ease or difficulty of 
recovery from failure modes and automation response to such failures. 
The individual stated that most machines employ highly automated flight 
controls, which would make it easier for pilots to operate different 
powered-lift once they understand the underlying system. The individual 
stated that several manufacturers are working on platform-independent 
CLAWs that are highly automated and inquired how the FAA would respond 
if industry standardization dominated powered-lift designs (e.g., a 
single type rating under this commonality).
    In the MOSAIC NPRM, the FAA recognized the rapid advancements in 
aircraft automation and flight control technology and noted that 
interfaces and flight controls may no longer resemble those found in 
traditional flight decks specifically in the context of light-sport 
aircraft.\79\ Section 1.1 of 14 CFR currently sets forth a definition 
for light-sport aircraft; the MOSAIC NPRM proposed to eliminate the 
definition in Sec.  1.1 and instead proffer performance-based standards 
for aircraft, including powered-lift, to be certificated as light-sport 
category aircraft. To commenters' points, MOSAIC proposed Sec.  22.180, 
which would facilitate the certification of aircraft designed with 
simplified flight controls subject to certain conditions.\80\
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    \79\ See 88 FR 47650 (July 24, 2023), see proposed Sec.  22.180.
    \80\ Specifically, for an aircraft to be designated as having 
simplified flight controls, proposed Sec.  22.180 would require: (1) 
the pilot could only control the flight path of the aircraft or 
intervene in its operation without direct manipulation of individual 
aircraft control surfaces or adjustment of the available power, (2) 
the aircraft would be required to be designed to prevent loss of 
control, regardless of pilot input, and (3) the aircraft would need 
to have a means to enable the pilot to discontinue the flight 
quickly and safely. See 88 FR 47674 (July 24, 2023) for additional 
discussion.
---------------------------------------------------------------------------

    Additionally, in the MOSAIC NPRM, the FAA proposed certain part 61 
qualification requirements to address pilots and flight instructors 
qualified to operate simplified flight control systems. Thus, the FAA 
proposed additional training specific to the particular make and model 
of aircraft with a simplified flight controls designation to ensure a 
pilot would be sufficiently proficient in the operation of that 
aircraft. Therefore, the FAA proposed qualification for simplified 
flight controls be attained by training and an endorsement and, in some 
cases, a practical test. Specifically, MOSAIC would permit any 
certificated pilot, regardless of certificate level,\81\ who holds the 
appropriate category and class to operate a simplified flight control-
designated aircraft only after receiving the model-specific training 
and endorsement from an authorized flight instructor specific to the 
safe operation of each simplified flight control designated aircraft.
---------------------------------------------------------------------------

    \81\ The FAA chose not to consider powered-lift privileges for 
sport pilots, given the complexity and ongoing development of 
powered-lift designs and associated pilot certification 
considerations herein.
---------------------------------------------------------------------------

    As stated in the MOSAIC NPRM, simplified flight control designs 
will vary from one aircraft to another (i.e., model to model), 
necessitating the model-specific training. Similarly, powered-lift will 
vary from one aircraft to another (i.e., type to type), regardless of 
whether they possess simplified flight controls. Where MOSAIC proposed 
to address the variance of simplified flight control handling 
characteristics via training and an endorsement, this final rule 
requires a type rating of all powered-lift to ensure proficiency in the 
aircraft. The FAA finds that applying only a vague amount of training 
verified by an endorsement requirement mirroring that proposed in 
MOSAIC, as urged by some commenters, would vastly underprepare a pilot 
to operate a wholly new category of aircraft. The FAA notes that the 
training and endorsement regime proposed by MOSAIC relies on the 
premise that a pilot would already hold a pilot certificate in that 
specific category. For example, should MOSAIC be finalized as proposed, 
a person who holds a sport pilot certificate with rotorcraft-helicopter 
simplified flight controls privilege with the model-specific limitation 
who seeks to operate another model of rotorcraft-helicopter with 
simplified flight controls would complete the training and endorsement 
required by the proposal. This scenario is not applicable to the 
emergence of a new category of aircraft for commercial,

[[Page 92322]]

passenger-carrying operations such that training and an endorsement 
establishes an acceptable level of safety in the NAS.
    Furthermore, although many powered-lift coming to market employ 
some simplified flight controls, none have currently made it through 
the aircraft certification process. Based upon the understanding of the 
current industry and market, the FAA maintains that the powered-lift 
that are coming to market are sought to be used in commercial 
passenger-carrying operations. Considering the FAA's safety 
continuum,\82\ a higher expectation of safety exists for commercial 
operations with transport aircraft than for a 2- or 4-passenger general 
aviation aircraft, such as a light sport aircraft, for a variety of 
factors, including, but not limited to, complexity and performance, 
number of passengers, risk to persons and property on the ground, risk 
assumed by the pilot and flightcrew, and risk assumed by the passenger. 
Therefore, a powered-lift with simplified flight controls would still 
necessitate training and operational rules applicable to other 
similarly situated operators using helicopters and airplanes to achieve 
this level of safety (e.g., the level of aeronautical experience, 
skill, and knowledge expected of a pilot engaging in commercial 
operations).
---------------------------------------------------------------------------

    \82\ The FAA evaluates hazards and risk, balancing between 
safety and societal burden. The FAA then determines its safety 
oversight responsibilities considering factors, such as complexity 
and performance, number of passengers, risk to people and property 
on the ground, risk assumed by the pilot/flightcrew, risk assumed by 
the passenger(s), engineering judgment. See www.faa.gov/sites/faa.gov/files/about/office_org/headquarters_offices/avs/AIR_principles.pdf, The Safety Continuum--A Doctrine for 
Application, September 2014, FAA Docket No. FAA-2015-1621-0018.
---------------------------------------------------------------------------

    The FAA agrees that it has established a type rating for purposes 
other than are normally considered under Sec.  61.31(a) and recognizes 
that a type rating for a private pilot certificate will result in a 
dissimilar training footprint for those operators who seek to provide 
training at the initial private pilot certificate level (i.e., in 
airplanes and helicopters). However, as previously discussed, the FAA 
is unable to establish a class of powered-lift at this time and 
determined that a type rating is necessary, even at the private pilot 
certification level, to carry out the privileges of that certificate.
    Additionally, the FAA sought to remove barriers and to ensure pilot 
groups training outside of the SFAR could take advantage of the 
distance reduction for aeronautical experience at the private pilot 
certificate level as discussed in section V.F.4. of this preamble and 
does not mandate a private pilot also hold or concurrently obtain an 
instrument rating as discussed in section V.F.4. of this preamble to 
balance those operational considerations typical of a private pilot.
    The FAA seeks to glean data and information from this approach to 
inform a future rulemaking. Once a base of pilots emerges via the 
flexibility enabled in this SFAR, pilots will be joining the industry 
through more conventional means and, if necessary, the FAA will be able 
to alter its approach when it pursues permanent regulations.
Miscellaneous Type-Rating Comments
    HAI stated that the length of the SFAR, while intended to be 
temporary, indirectly creates a permanent type rating requirement 
because the implementation cost and company reliance on a 10-year 
regulation may not be recovered and may be used to justify the type 
rating in perpetuity. The FAA notes that it proposed to permanently 
amend Sec.  61.31(a) to include powered-lift as a type rating that a 
pilot would need on his or her pilot certificate. Although the FAA is 
adopting this permanent change, this doesn't foreclose further 
amendments within the time frame of the SFAR. Future advancements in 
technology within the lifecycle of the SFAR, or possible emergence of a 
class, could prompt the FAA to initiate a rulemaking to enable that 
effect.
    CAE stated that some powered-lift, particularly those intended for 
part 91 operations by private operations,\83\ might not require a type 
rating at all because the FSB would determine that no type rating is 
necessary. Instead, CAE suggested that the FSB could require 
manufacturer-required training, mandated by the AFM, and developed in 
accordance with AC 61-137B through existing authority in Sec.  
61.31(h), which requires ``type specific'' training and endorsement. 
NBAA echoed CAE's comments.
---------------------------------------------------------------------------

    \83\ By using ``part 91 private operations'' the FAA interprets 
the commenter to refer to operations conducted under part 91 by 
private pilots.
---------------------------------------------------------------------------

    The FAA's intent is to use the SFAR structure to provide enough 
time and operational experience to consider whether type ratings will 
be necessary for future AAM aircraft. At present, no powered-lift have 
obtained the amount of operating experience necessary to provide the 
FAA with enough information to justify an alternate approach from that 
which was proposed. However, the SFAR structure will provide the FAA 
the flexibility to reconsider the type rating approach to certification 
in the future after aircraft certification and operational experience 
deem it possible to remove the requirement for a type rating without an 
adverse effect on operational safety. With respect to CAE's suggestion 
for the FSB to require manufacturer-required training utilizing the 
authority contain in Sec.  61.31(h) rather than determine the 
applicability of a type rating, the FAA disagrees. Using Sec.  61.31(h) 
to impose type-specific training requirements for all powered-lift 
would result in the imposition of requirements on industry outside the 
regulatory process without providing an opportunity for notice and 
comment. Furthermore, the FAA disagrees that requiring manufacturer 
required training mandated through the powered-lift flight manual would 
be an appropriate avenue to require type-specific training. A 
manufacturer is free to outline training in an AFM; however, there 
would be no regulatory requirement to ensure this training remained in 
the respective powered-lift flight manual past initial type 
certification. Requiring compliance with a training program in this 
manner would be a novel concept requiring FAA approval and oversight, 
which was not proposed in this rulemaking. While the FAA notes that 
part 91 operations are required to comply with the operating 
limitations set forth in the AFM, pursuant to Sec.  91.9(a), the 
standing regulations do not require continued compliance or alignment 
with training programs or parameters should they be set forth in an 
AFM.
Amendment to Sec.  61.31(l)
    As discussed, Sec.  61.31 sets forth requirements for type ratings, 
additional training, and certain authorizations. Paragraph (l) 
specifically provides exceptions to, first, the section as a whole in 
Sec.  61.31(l)(1) and, second, the rating limitations of Sec.  61.31(c) 
and (d) specifically in Sec.  61.31(l)(2). Currently, Sec.  61.31(l)(1) 
excludes operators of aircraft not type-certificated as airplanes, 
rotorcraft, gliders, lighter-than-air aircraft, powered-lift, powered 
parachutes, or weight-shift-control aircraft from Sec.  61.31 
applicability (i.e., the requirement to hold category and class 
ratings). This provision is meant to create an exception for aircraft 
for which there is no established category or class rating (e.g., 
hoverboards, jetpacks). The FAA determined that use of the term ``type-
certificated'' could create confusion since not all aircraft that meet 
the regulatory definition of airplane or rotorcraft will be type-
certificated. Further, the FAA determined the provision could be read 
as conflicting with more specific

[[Page 92323]]

exceptions for experimental aircraft in Sec.  61.31(l)(2). Therefore, 
the FAA proposed to clarify the intent of this exception in paragraph 
(l)(1) by specifying that the section does not require a category and 
class rating for operators of aircraft that are not identified as an 
aircraft under Sec.  61.5(b). The FAA did not receive comments on this 
proposal and adopts Sec.  61.31(l)(1) as proposed with minor non-
substantive edits for clarity.
    The FAA further analyzed this revision during the pendency of this 
rulemaking and determines that a conforming amendment is necessary to 
implement paragraph (l)(1) as intended and as it applies to the 
facilitation of powered-lift pilot certification. Many experimental 
aircraft have not yet achieved type-certification. As such, prior to 
removing the term ``type-certificated'' from paragraph (l)(1), the 
category and class exception in that paragraph would have applied to 
those experimental aircraft ``not type-certificated.'' Therefore, 
pilots utilizing experimental aircraft are excepted from holding a 
category and class rating for those aircraft ``not type-certificated'' 
set forth in current Sec.  61.31(l)(1), provided no other rule or 
aircraft operating limitation requires them. The adopted revision to 
Sec.  61.31(l)(1) clarifies that pilots of such experimental aircraft 
will, indeed, be required to hold category and class ratings, unless 
one of the exceptions noted in Sec.  61.31(l)(2) applies. Specific to 
experimental aircraft, Sec.  61.31(l)(2)(iii)(B) excepts a person 
operating an aircraft under the authority of an experimental 
certificate from the rating limitations of Sec.  61.31(c) and (d), 
provided the person holds a pilot certificate and no passengers are 
carried. Effectively, a certificated pilot could operate without the 
relevant category, class, or type, if applicable, provided no 
passengers are carried, and provided no other rule or operating 
limitation requires them.
    One purpose of the SFAR is to develop a pool of rated powered-lift 
pilots and instructors. As discussed in section V.F. of this preamble, 
test pilots and instructor pilots will operate the experimental 
powered-lift to provide the flight training set forth in new part 194. 
The FAA reviewed whether the revision to Sec.  61.31(l)(1) could have 
an unintended consequence requiring the operator of an experimental 
powered-lift to hold category, class, and comply with any other ratings 
limitations of Sec.  61.31, adversely impacting the development of the 
powered-lift fleet and initial pilot cadre by requiring instructors to 
hold a powered-lift category rating to provide flight training. 
Specifically, even though the powered-lift will be experimental, it 
will still be identified as an aircraft under Sec.  61.5(b) (i.e., a 
powered-lift). While Sec.  61.31(l)(2)(iii)(B) states that the rating 
limitations of Sec.  61.31(c) and (d) do not apply to the holder of a 
pilot certificate when operating an aircraft under the authority of an 
experimental certificate, this exception only applies specifically when 
the operation does not involve the carriage of passengers.
    With the recent publication of the Public Aircraft Logging of 
Flight Time, Training in Certain Aircraft Holding Special Airworthiness 
Certificates, and Flight Instructor Privileges final rule,\84\ Sec.  
61.1(b) now defines ``passenger'' for purposes of part 61 as any person 
on board an aircraft other than a crewmember; FAA personnel; 
manufacturer personnel required for type certification; or a person 
receiving or providing flight training, checking, or testing as 
authorized by part 61. The FAA finds it unnecessary to further modify 
Sec.  61.31(l)(2)(iii)(B) as it pertains to powered-lift because the 
definition of passenger excludes FAA personnel and manufacturer 
personnel associated with type certification. The regulation now 
explicitly allows these persons to be carried onboard without the PIC 
holding category and class ratings because they are onboard the 
experimental aircraft for specific purposes, generally to fulfill 
regulatory obligations, and possess knowledge of the risks associated 
with those purposes (e.g., flight test engineers).\85\ As written, 
Sec.  61.31(l)(2)(iii)(B) will continue to enable pilots of 
experimental aircraft to operate without holding the relevant category 
or class rating in the circumstances previously described. Importantly, 
in accordance with Sec.  91.319(i), the Administrator may prescribe 
additional limitations to experimental aircraft, including limitations 
on the persons that may be carried in the aircraft. These additional 
limitations may require pilots to hold category, class, or other 
ratings or limitations in certain situations. These additional 
limitations are issued as operating limitations at the time of 
airworthiness certification of the aircraft and must be complied with, 
in accordance with Sec.  91.9.\86\
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    \84\ Public Aircraft Logging of Flight Time, Training in Certain 
Aircraft Holding Special Airworthiness Certificates, and Flight 
Instructor Privileges final rule, 89 FR 80310 (Oct. 2, 2024).
    \85\ For purposes of the SFAR, these individuals will be 
conducting these official duties in addition to complying with the 
SFAR for the purposes of receiving powered-lift ratings as FAA 
personnel or manufacturer personnel that are required for type 
certification. Definitions of these personnel for the purposes of 
this SFAR are further discussed in section V.F.2.i. of this 
preamble.
    \86\ See Sec.  91.9 Civil aircraft flight manual, marking, and 
placard requirements.
---------------------------------------------------------------------------

B. Applicability of the Type Rating Requirement to Military Pilots

    Currently, Sec.  61.73(a) permits a military pilot or former 
military pilot \87\ who meets certain requirements to apply based on 
their military pilot qualifications for a commercial pilot certificate 
with the appropriate category and class rating, an instrument rating 
with the appropriate aircraft rating, and a type rating.\88\ Similarly, 
a military instructor pilot or pilot examiner (including a former 
instructor pilot and former pilot examiner) may apply for a flight 
instructor certificate with appropriate ratings, subject to certain 
requirements under Sec.  61.73(g).
---------------------------------------------------------------------------

    \87\ For purposes of this preamble, references to ``military 
pilots'' are inclusive of former U.S. military pilots.
    \88\ Military pilots who receive an FAA certificate through 
Sec.  61.73 must continue to follow FAA regulations to exercise the 
resulting FAA certificate(s) (e.g., recency of experience 
requirements in Sec.  61.57).
---------------------------------------------------------------------------

    The NPRM did not propose any changes to these processes as it 
relates to powered-lift; in other words, military pilots with the 
appropriate experience and documentation may apply for a commercial 
pilot certificate with a powered-lift category rating, an instrument-
powered-lift rating, a powered-lift type rating, and a flight 
instructor certificate with powered-lift category and/or instrument-
powered-lift ratings under Sec.  61.73. In fact, currently, the only 
FAA-certificated powered-lift pilots are those who have received their 
certificates through military competency. However, due to the absence 
of any type-certificated powered-lift,\89\ military pilots who have 
received an FAA powered-lift category rating are currently limited in 
their ability to exercise those privileges in civil operations.
---------------------------------------------------------------------------

    \89\ At the time of publication of this final rule, the only 
powered-lift that have entered civil operations are those issued an 
experimental airworthiness certificate. For those manufacturers 
currently developing powered-lift, operating limitations pertaining 
to pilot qualifications may be applied to experimental powered-lift. 
FAA Order 8900.1 Vol. 5, Chap. 9, Sec. 2.
---------------------------------------------------------------------------

    ALPA supported the FAA's position that military experience in 
powered-lift should not by itself waive the requirement to obtain a 
type rating. ALPA also agreed that military pilots should be able to 
receive a military equivalent of a commercial powered-lift instrument 
certificate, but that experience should not exempt those pilots from 
completing the requisite training and certification required for

[[Page 92324]]

civilian pilots for a powered-lift type rating. HAI stated that, if 
type ratings are required as proposed, military pilots should be 
allowed to obtain that rating for the aircraft the military pilot 
operated, or any civilian version of that aircraft, with requisite 
civilian pilot training provided by the employer. HAI stated this would 
make development of the initial cadre less dependent on manufacturers.
    As previously discussed in section V.A. of this preamble, the FAA 
will require pilots to hold a type rating for each powered-lift they 
fly, which would equally apply to military pilots. Currently, a 
military pilot could apply for a type rating for certain aircraft on 
the basis of the pilot's military experience, and this final rule does 
not change that allowance extended to military pilots seeking to 
operate civilian powered-lift. Specifically, an aircraft type rating 
may be issued to a military pilot through Sec.  61.73(e) only for a 
type of aircraft that has a comparable civil type designation by the 
Administrator. Because there are currently no military powered-lift for 
which comparable civil type ratings have been designated, military 
pilots with powered-lift experience are unable to obtain a powered-lift 
type rating pursuant to Sec.  61.73 and, therefore, are limited to the 
issuance of a powered-lift category rating and an instrument-powered-
lift rating. However, should a civil type-certificated version of a 
military powered-lift become available, pilots with the appropriate 
military experience, as identified in Sec.  61.73, would be eligible to 
receive the type rating in the same manner that airplane and rotorcraft 
military pilots currently receive them. Those military instructors who 
have obtained or will obtain a flight instructor certificate with a 
powered-lift category and instrument rating through military competency 
would be permitted to conduct flight training in a powered-lift only 
after obtaining a type rating on their pilot certificate for the 
powered-lift in which they conduct flight training.\90\
---------------------------------------------------------------------------

    \90\ Under Sec.  61.195(e), a flight instructor may not give 
flight training, including instrument training, in an aircraft that 
requires the PIC to hold a type rating unless the flight instructor 
holds a type rating for that aircraft on their pilot certificate.
---------------------------------------------------------------------------

    ALPA accurately noted that, as previously explained, the FAA's 
current regulatory framework does not restrict a military pilot from 
obtaining a powered-lift category rating on a pilot certificate 
provided the military pilot meets the requirements set forth in Sec.  
61.73. There are no civilian powered-lift to date that have completed 
FAA type certification, however, the U.S. Armed Forces maintains and 
utilizes powered-lift in military operations (e.g., the Bell-Boeing V-
22 Osprey, McDonnell Douglas AV-8 Harrier, F-35B Lightning II STOVL), 
where pilots establish experience operating these powered-lift. Should 
these military powered-lift transition into civilian operations and 
receive a comparable civilian type designation, the military pilot 
could apply to receive that aircraft type rating in accordance with 
Sec.  61.73, as supported by HAI. While the FAA does not anticipate 
surplus military powered-lift to enter civilian operations during the 
period of this SFAR, if such a scenario occurred, the FAA would follow 
existing regulations, policies, and procedures to address military 
surplus powered-lift as the FAA currently evaluates surplus military 
airplanes and rotorcraft.\91\ Specifically, type ratings are designated 
for military surplus aircraft with civilian certificate type ratings 
through the FSB process, which would evaluate each respective powered-
lift.
---------------------------------------------------------------------------

    \91\ See FAA Order 8900.1, Volume 5, Chapter 2, Section 19, 
Table 5-88.
---------------------------------------------------------------------------

    Because the allowances in Sec.  61.73 apply equally to powered-lift 
as rotorcraft and airplanes and for the reasons previously discussed, 
the FAA determined there is no need for changes to military competency 
regulations in this final rule.

C. Applicability of the SIC Qualification Requirements of Sec.  61.55 
to Powered-Lift

    Section 61.55 prescribes the qualifications for a person seeking to 
serve as second-in-command (SIC) of certain aircraft,\92\ requiring a 
person to hold (1) at least a private pilot certificate with the 
appropriate category and class rating, (2) an instrument rating or 
privilege that applies to the aircraft being flown if the flight is 
under IFR.\93\ Additionally, unless the flight will be conducted as a 
domestic flight operation within the U.S. airspace, the person must 
hold at least a pilot type rating (SIC Privileges Only) for the 
aircraft being flown. Given the diverse characteristics of powered-
lift, the FAA considered whether a person serving as SIC of a powered-
lift should also be required to hold a powered-lift type rating on 
their pilot certificate and found the SIC qualification requirements of 
Sec.  61.55 to be largely sufficient to serve as SIC of a powered-lift 
in part 91 operations (excluding operations conducted under subpart K 
of part 91).\94\ Specifically, a person seeking to serve as SIC would 
be required to hold the appropriate powered-lift category rating on 
their pilot certificate and complete familiarization training and 
certain pilot time \95\ in the specific type of powered-lift for which 
SIC privileges are sought. Additionally, while the experience an SIC 
obtains in the powered-lift category may differ from type to type, for 
a pilot who has passed the practical test in a powered-lift capable of 
performing all the tasks required by the ACS, the existing SIC 
familiarization training would ensure persons seeking to act as SIC 
would gain sufficient experience operating the specific type of 
powered-lift before acting as SIC of that powered-lift. Therefore, 
despite adopting the requirement that a powered-lift PIC must hold a 
type rating, the FAA maintains in this final rule that there is no need 
to impose requirements beyond those contained in Sec.  61.55 for 
persons seeking to serve as SIC of a powered-lift, except where a pilot 
does not receive training in a specific task as subsequently discussed.
---------------------------------------------------------------------------

    \92\ The SIC qualification requirements apply to persons seeking 
to serve as SIC of an aircraft type-certificated for more than one 
required pilot flight crewmember or in operations requiring an SIC 
pilot flight crewmember in part 91 (excluding subpart K of part 91).
    \93\ See section V.H.2.i. of this preamble for additional 
discussion regarding a powered-lift category and type rating without 
an instrument rating. If a pilot held a ``VFR only'' limitation on 
their pilot certificate, the pilot could serve as SIC in VFR 
operations only.
    \94\ The FAA notes that the provisions of Sec.  61.55 would be 
applicable to operations conducted in accordance with part 91, while 
part 91, subpart K, and part 135 have additional requirements before 
a person may serve as a SIC in those operations.
    \95\ Section 61.55(b).
---------------------------------------------------------------------------

    The FAA recognizes that some powered-lift may not be able to 
perform all tasks required on the applicable ACS. When this occurs, 
proposed Sec.  194.207 of this SFAR would enable an examiner to waive 
the task on the practical test. Therefore, a person may obtain a 
powered-lift category rating on their pilot certificate, thereby 
meeting the requirement in Sec.  61.55(a) to hold at least a private 
pilot certificate with the applicable category rating, but not have 
performed all the tasks specified in the ACS. This person may then seek 
to serve as SIC of a powered-lift type that is capable of performing 
the task for which the pilot was never trained or tested. To ensure an 
SIC is trained and found proficient on any tasks that were omitted on 
the practical test prior to serving as SIC of a different powered-lift 
that is capable of performing that task, the FAA proposed new Sec.  
61.55(a)(4), which is adopted in this final rule. Specifically, Sec.  
61.55(a)(4) will require a person serving as an SIC of a powered-lift 
to satisfy the requirements as specified in new Sec.  194.209(a). 
Section 194.209(a) will require additional

[[Page 92325]]

training and an endorsement to ensure the person seeking to serve as 
SIC of a powered-lift capable of performing tasks that were waived on 
the person's practical test (by utilizing a powered-lift precluded from 
certain tasks) is trained and found proficient. This amendment is 
intended simply to inform all persons seeking to act as SIC of a 
powered-lift pursuant to Sec.  61.55 and ensure awareness of the new 
temporary requirements and the situation under which they would apply 
and is adopted as proposed.
    Additionally, Sec.  61.55 provides for the issuance of an SIC pilot 
type rating, which is required unless the flight will be conducted as a 
domestic flight operation within U.S. airspace. This requirement to 
hold the SIC pilot type rating outside U.S. airspace conforms the FAA 
pilot type rating requirements to the ICAO pilot type rating 
standards.\96\ To obtain the SIC pilot type rating, a person may either 
complete the SIC familiarization training Sec.  61.55(b) subject to 
certain conditions set forth in Sec.  61.55(d) or may complete certain 
SIC training programs or checks as set forth in Sec.  61.55(e). The FAA 
did not propose any revisions to this requirement or options to obtain 
the pilot type rating, as this rating is required to operate powered-
lift in international airspace as it applies to any other aircraft. 
Therefore, this final rule continues to apply the current SIC pilot 
type rating requirements of Sec.  61.55 to persons seeking SIC 
privileges in a powered-lift.
---------------------------------------------------------------------------

    \96\ See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1(b), and 
2.1.4.1.1.
---------------------------------------------------------------------------

    The FAA received several comments regarding the proposed Sec. Sec.  
194.207 and 194.209. HAI noted that SIC pilots would likely not be 
needed in operations conducted in many of the AAMs currently under 
development. HAI stated that aircraft under 12,500 \97\ with four to 
six seats do not require an SIC and additionally referenced that these 
aircraft will most likely be flown by part 135 operators required to 
provide pilots with training appropriate to the operations.
---------------------------------------------------------------------------

    \97\ The FAA notes that HAI's comment specifically referred to 
``1200'' pounds, however, the FAA believes this was a typo and HAI 
intended ``12,500.''
---------------------------------------------------------------------------

    The FAA agrees that many anticipated powered-lift operations will 
not require an SIC and notes a second pilot is required to operate an 
aircraft if (1) the type certificate (TC) for the aircraft requires two 
pilots, or (2) an operating rule requires two pilots for the 
operation.\98\ The FAA did not propose any new operating requirements 
that would create additional scenarios under which a second pilot would 
be required to operate a powered-lift other than those already 
applicable to all aircraft.
---------------------------------------------------------------------------

    \98\ The following are operating rules that require a second 
pilot: Sec. Sec.  91.5, 91.109(c), 91.189, 91.1049, 135.99, 135.101, 
and 135.111. The FAA notes that Sec.  91.531 specifies certain 
criteria that would be applicable when a second pilot is required to 
operate an airplane.
---------------------------------------------------------------------------

    ALPA disagreed that the current SIC requirements of Sec.  61.55 
sufficiently ensure safety for powered-lift. ALPA noted that powered-
lift will not be designed to have similar controls or flight 
characteristics from type to type and recommended that SICs be type-
rated to ensure required crew members are appropriately trained. ALPA 
also stated that only having basic familiarity with the type of 
powered-lift for which SIC privileges are sought is an insufficient 
safety assurance. Similarly, an individual commenter recommended that 
the FAA reserve the right to require SICs to be type-rated on specific 
powered-lift based on factors such as complexity, operating 
environment, adverse low airspeed handling qualities, and level of 
automation.
    The FAA maintains that a person seeking to serve as SIC is 
sufficiently qualified by way of holding the powered-lift category on 
at least a private pilot certificate and completing familiarization in 
the specific type of powered-lift for which privileges are sought (and 
holding an instrument rating when the flight operates under IFR). 
First, because this SFAR enables a person to obtain a commercial pilot 
certificate with a powered-lift category rating, the initial pool of 
pilots serving as an SIC will hold a higher level of certificate than 
that minimum required by Sec.  61.55(a).\99\ Second, the regulations 
already account for the possible gap in proficiency with certain 
characteristics unique to a type of powered-lift: for example, 
operational procedures, performance specifications, and emergency 
procedures. Section 61.55(b)(1) requires the person seeking to serve as 
SIC of a powered-lift to become familiar with information for the 
specific type of powered-lift for which SIC privileges are sought. This 
familiarization must include the operational procedures applicable to 
the powerplant, equipment, and systems; performance specifications and 
limitations; normal, abnormal, and emergency operating procedures; 
flight manual; and placards and markings. Additionally, under Sec.  
61.55(b)(2), the person would be required to log pilot time in the type 
of powered-lift that includes the performance of three takeoffs and 
landings to a full stop as the sole manipulator of the flight controls, 
engine-out procedures and maneuvering with an engine out while 
executing the duties of PIC, and crew resource management training. 
Given these experience considerations, the FAA does not find a safety 
gap to warrant different treatment of powered-lift SICs than SICs for 
other categories of aircraft that may differ from type to type, as 
well. Therefore, the FAA maintains that the minimum qualifications of 
Sec.  61.55(a), which will be exceeded in practice, in tandem with 
familiarization training on the particular type of powered-lift will 
adequately inform and prepare a pilot to serve as SIC without holding 
the specific type rating for the powered-lift.
---------------------------------------------------------------------------

    \99\ Additionally, Sec.  194.215(a) requires a person utilizing 
the SFAR and relief herein to hold certain non-powered-lift 
certificates prior to seeking a powered-lift category and type 
rating, which, by virtue of holding the certificates and ratings, 
includes the demonstration of certain skills in the NAS such as 
communication with ATC services, navigation, weather, communication.
---------------------------------------------------------------------------

    The FAA recognizes the scenario where a person could hold a 
commercial pilot certificate with a powered-lift category and type 
rating for an aircraft that cannot perform certain maneuvers and seeks 
to serve as SIC of a powered-lift that is capable of performing the 
tasks that were waived on that person's practical test. In this case, 
the FAA does agree a safety gap exists. However, as previously 
referenced, the FAA finds that Sec.  194.209(a) as proposed and adopted 
herein sufficiently addresses this safety gap. To the extent a pilot 
completes a practical test in a powered-lift that was precluded from 
performing each task required by Sec.  61.43(a)(1) and, therefore, has 
not demonstrated proficiency on such task(s) before an examiner, Sec.  
194.209(a) will prohibit that pilot from serving as SIC of a powered-
lift that is capable of performing the tasks that were waived on the 
person's practical test until certain requirements are met. Rather, to 
serve as SIC, the person must receive and log ground and flight 
training from an authorized instructor on the specific tasks that were 
waived, culminating in a logbook or training record endorsement from 
the authorized instructor certifying that the person has satisfactorily 
demonstrated proficiency in those tasks.\100\ The FAA finds that these 
additional requirements combined with the SIC qualification 
requirements prescribed in Sec.  61.55 (e.g., familiarization training) 
address a

[[Page 92326]]

possible safety gap in differing, new, or absent flight 
characteristics.\101\
---------------------------------------------------------------------------

    \100\ The FAA recommends the authorized instructor utilize the 
applicable ACS in determining whether a pilot has demonstrated 
proficiency of a task as the ACS specify the approved standard for 
tasks under an area of operation.
    \101\ Additionally, the PIC, who would hold a type rating, 
remains directly responsible for and is the final authority as to 
the operation of that powered-lift. 14 CFR 1.1 and Sec.  91.3(a).
---------------------------------------------------------------------------

    However, in the NPRM, the FAA identified two instances where a 
person seeking to act as SIC should be excepted from the aforementioned 
training and endorsement requirements set forth by Sec.  194.209(a).
    First, some pilots may seek to obtain multiple type ratings on 
their pilot certificate. Under Sec.  194.209(b)(1), a person seeking an 
additional type rating could forgo the training and endorsement 
requirements described previously if that person subsequently passes a 
practical test for a type rating in a powered-lift that is capable of 
performing all the tasks specified in the ATP and Type Rating for 
Powered-Lift Category ACS in accordance with Sec.  61.43(a). For 
example, if a pilot is type-rated in powered-lift A that is not capable 
of performing stalls and, therefore, the task was waived during the 
pilot's practical test. That pilot then seeks a type rating in powered-
lift B, which is capable of performing stalls and, therefore, the pilot 
demonstrates proficiency in that task during the practical test. If the 
pilot then seeks to serve as SIC on powered-lift C, which is also 
capable of performing stalls, the person would not be required to 
receive ground and flight training in accordance with Sec.  194.209(a), 
because they will have already demonstrated proficiency on the task 
that was initially waived through powered-lift B's type rating 
practical test.
    The second scenario applies to pilots operating under subpart K of 
part 91 and part 135. A person employed by a fractional ownership 
program as set forth in subpart K of part 91 or a person employed by a 
certificate holder authorized to conduct operations under part 135 may 
receive training and a competency check in a powered-lift that includes 
the tasks that were waived on the person's practical test for a 
commercial pilot certificate with a powered-lift category rating. In 
accordance with Sec.  135.323, a part 135 air carrier or operator is 
required to establish and implement an approved training program that 
ensures each pilot is adequately trained to perform their assigned 
duties. Under Sec.  135.323, the pilot must receive ground and flight 
training in the accompanying type of powered-lift and complete a 
competency check under Sec.  135.293 every 12 calendar months. 
Similarly, under Sec.  91.1073, each program manager must establish and 
implement an approved training program that ensures each crewmember is 
adequately trained to perform their assigned duties, and Sec.  91.1065 
requires each pilot to pass a competency check every 12 calendar 
months.
    In light of the previously discussed waiver authority, without 
relief, a situation may arise where a person receives training on the 
task that was previously waived on the person's practical test and 
subsequently completes a competency check that includes the task. 
Therefore, in Sec.  194.209(b)(2), the FAA proposed an exception to the 
training and endorsement requirements for those pilots seeking to serve 
as an SIC who have received ground and flight training under an 
approved training program and have satisfactorily completed a 
competency check under Sec.  135.293 or Sec.  91.1065 in a powered-
lift, provided the approved training program and competency check 
include each task that was previously waived on the person's practical 
test.
    AWPC identified a situation where application of Sec.  61.55 as 
written would not fully enable a pilot to receive training in a 
powered-lift type certificated with a minimum crew of two pilots. AWPC 
expressed concern that the FAA's position would mean that flight 
instruction could not be provided on an aircraft with a minimum crew of 
two pilots unless the pilot receiving training already meets the 
requirements of Sec.  61.55 by holding a certificate with powered-lift 
category and instrument ratings. AWPC stated that the proposed SFAR 
should address entry into service for powered-lift that will be type-
certificated with a minimum crew of two pilots and recommended 
providing relief to Sec.  61.55 to avoid a scenario where only pilots 
qualified through military competency may serve as flightcrew 
members.\102\
---------------------------------------------------------------------------

    \102\ AWPC also emphasized that aligning with ICAO Annex 1 
2.1.1.4 recommendation would alleviate the Sec.  61.55 flight 
training dilemma. Section V.A. of this preamble addresses AWPC's 
ICAO comments, and the FAA trusts the relief adopted by this final 
rule, as subsequently discussed, adequately alleviates AWPC's 
concerns.
---------------------------------------------------------------------------

    The FAA acknowledges the barriers that would be encountered for 
flight training in powered-lift type certificated for two pilots 
because, while the instructor will hold ratings to serve as PIC, the 
person receiving flight training will not have the powered-lift ratings 
required by Sec.  61.55(a) to serve as SIC. Under the traditional 
airman certification framework, an applicant for a commercial pilot 
certificate will already hold the private pilot certificate and ratings 
required by Sec.  61.55(a) by having received flight training in (1) an 
aircraft that does not require more than one required pilot flight 
crewmember, or (2) an aircraft type-certificated for two pilots because 
they would hold the private pilot certificate and ratings necessary to 
receive the familiarization training that would qualify them as an SIC 
under Sec.  61.55.
    However, the lack of pilots with a powered-lift category rating at 
any certificate level (here, specifically, a private pilot certificate 
with a powered-lift category rating) creates a barrier in qualification 
as an SIC for any operation involving a powered-lift type certificated 
for two pilots, including training flights. The two affected 
populations of pilots under the SFAR would be (1) the initial cadre of 
pilots receiving flight training at the OEM, and (2) the pilots 
receiving training at the approved training program under part 135, 
141, or 142. This would not be an issue to test pilots and instructor 
pilots because these pilots will be operating an experimental powered-
lift (i.e., not yet type-certificated for two pilots) and will be 
authorized to act as required crewmembers in accordance with a letter 
of authorization issued by the FAA for the conduct of flights during 
the powered-lift type certification process.\103\
---------------------------------------------------------------------------

    \103\ This would also not be an issue for FAA test pilots or 
aviation safety inspectors, who are added to the alternate SFAR 
framework as discussed in section V.F.2.i.d. of this preamble, for 
the same reasons.
---------------------------------------------------------------------------

    The FAA agrees that, without relief, powered-lift type-certificated 
for two pilots would only be able to utilize pilots already holding a 
commercial pilot certificate with a powered-lift category (and 
instrument rating when the flight is under IFR) from the military 
competency provisions of Sec.  61.73, largely inapplicable to new 
powered-lift pilots engaging in flight training (i.e., those pilots 
would already hold powered-lift ratings and, therefore, would not be 
engaging in the alternate framework of the SFAR). A lack of relief 
would essentially create a barrier to all flight training in powered-
lift type certificated for two pilots for the initial cadre of pilots 
receiving training at the OEM and the pilots receiving training at an 
approved training program.
    Therefore, the FAA finds it necessary to provide relief for the 
initial cadre of instructors and pilots receiving training under an 
approved training program who are seeking a commercial pilot 
certificate with a powered-lift category rating and an instrument-
powered-lift rating in a powered-lift type certificated for more than 
one required pilot flight

[[Page 92327]]

crewmember. The SIC requirements were initially codified to ensure 
sufficient experience prior to operating sophisticated aircraft,\104\ 
taking into account the aircraft's specific operating characteristics. 
In that codification, the FAA found that the certificate prerequisites 
currently set forth in Sec.  61.55(a) sufficiently addressed the 
operation of sophisticated aircraft, while the familiarization 
requirements of Sec.  61.55(b) sufficiently addressed the aircraft's 
specific operating characteristics.\105\ Likewise, the FAA finds that 
temporary relief in new Sec.  194.209(c), in tandem with the 
mitigations set forth in the training program itself, will sufficiently 
address the unfamiliar operating characteristics an applicant would 
encounter during flight training in a powered-lift type certificated 
for two required flight crewmembers such that the flight maintains a 
high degree of safety.
---------------------------------------------------------------------------

    \104\ At this time of this rulemaking, the SIC requirements 
applied only to large airplanes and turbojet powered multiengine 
airplanes type certificated for more than one required pilot flight 
crewmember. In 1986, the FAA extended the SIC pilot qualifications 
to include helicopters type-certificated for more than one required 
pilot flight crewmember (51 FR 40692, Nov. 7, 1986), citing the 
similar operating complexities of helicopters type certificated for 
more than one pilot and higher level of safety provided through 
specific training and flight testing of pilots (50 FR 10144, Mar. 
13, 1985).
    \105\ NPRM, Second-in-command qualifications and pilot-in-
command proficiency checks, 36 FR 5247 (Mar. 18, 1971), adopted in 
1972 as a final rule (37 FR 14758). Renumbered from Sec.  61.46 to 
Sec.  61.55 in 1973 (38 FR 3161).
---------------------------------------------------------------------------

    Specifically, new Sec.  194.209(c) will permit applicants receiving 
training in a powered-lift in accordance with Sec. Sec.  194.221, 
194.223, 194.229, and 194.231 to serve as SIC during those training 
flights without meeting the requirements in Sec.  61.55(a)(1), (a)(2), 
and (b)(2). In sum, a person receiving flight training under certain 
provisions of the SFAR would be excepted from (1) holding a powered-
lift category rating on the person's private pilot certificate, (2) 
holding an instrument-powered-lift rating (if the flight is flown under 
IFR), and (3) performing and logging flight pilot time in the type of 
aircraft or in a flight simulator for which SIC privileges are 
requested. However, the applicant would still be expected to meet Sec.  
61.55(b)(1) prior to flight time designated as the SIC (i.e., the 
training flights), as subsequently discussed.
    First, applicants receiving training in accordance with Sec. Sec.  
194.221, 194.223, 194.229, and 194.231 must possess the prerequisites 
set forth by Sec.  194.215(a) (i.e., at least a commercial pilot 
certificate with a category and class rating and the applicable 
instrument rating). By virtue of holding a commercial pilot certificate 
and an instrument rating, the applicant would possess greater 
aeronautical experience than the current requirements set forth in 
Sec.  61.55(a), which requires at least a private pilot certificate. 
The FAA recognizes that this aeronautical experience will not be in the 
applicable category in which the applicant seeks to serve as PIC (i.e., 
the pilot will hold an airplane or helicopter rating on their 
commercial pilot certificate but seek to serve as SIC in a powered-
lift). The FAA finds the possibility of a safety gap is mitigated both 
by the significantly higher amount of aeronautical experience that a 
commercial pilot must attain and standard of proficiency and competency 
a commercial pilot must demonstrate on the practical test as opposed to 
a private pilot. This includes valuable experience operating in the 
NAS, communicating with ATC, interacting with other air traffic, and 
acting as PIC of an airplane or helicopter, all of which generally 
translate to a degree to the basic duties and responsibilities of a SIC 
where other mitigations, subsequently discussed, exist for the purpose 
of flight training.
    Additionally, under the SFAR, a person must also hold the 
corresponding instrument rating as part of the prerequisites in Sec.  
194.215(a). Again, the FAA recognizes this will not be the appropriate 
instrument rating as set traditionally required to act as SIC if the 
flight is flown under IFR as forth in Sec.  61.55(a)(2). However, the 
same concept applies insofar as the person will possess experience and 
have demonstrated skill operating an airplane or helicopter under IFR. 
Further, many of the skill elements a person must demonstrate on the 
practical test for the instrument-airplane or instrument-helicopter 
exist on the instrument-powered-lift practical test as well. For 
example, a person with an existing instrument-airplane or instrument-
helicopter rating is not required to demonstrate any of the tasks under 
AOO I, III, or V \106\ on the instrument-powered-lift practical test, 
and only demonstrate a limited number of tasks under AOO II and 
VII.\107\ Therefore, the FAA finds this foundational level of 
instrument experience, in tandem with the other mitigations described 
herein, provides a person with sufficient experience to serve as SIC in 
a flight training operation for which the person does not hold the 
``appropriate'' instrument rating in the powered-lift.
---------------------------------------------------------------------------

    \106\ Preflight Preparation, ATC Clearances and Procedures, and 
Navigation Systems.
    \107\ Preflight Procedures, Emergency Operations.
---------------------------------------------------------------------------

    As discussed, Sec.  61.55(b) was implemented to ensure a designated 
SIC is sufficiently knowledgeable in the specific operational 
characteristics of an aircraft type certificated for more than one 
pilot flightcrew member. Specifically, under Sec.  61.55(b), the 
applicant would be required to meet the familiarization requirements 
set forth under paragraph (b)(1). Additionally, the applicant would be 
required to complete the pilot time in the type of powered-lift, or in 
a flight simulator representing the type of powered-lift, set forth 
under paragraph (b)(2). The pilot time under Sec.  61.55(b)(2) must 
include three takeoffs and landings to a full stop as the sole 
manipulator of the flight controls, engine out procedures and 
maneuvering with an engine out while executing the duties of PIC, and 
crew resource management training. The FAA finds this paragraph (b)(2) 
to present a barrier to the flights for the purpose of flight training, 
as the applicant cannot be expected to sufficiently demonstrate these 
maneuvers before receiving flight training on such maneuvers. Moreover, 
the applicant would be actively becoming proficient in these maneuvers 
by nature of accomplishing flight training for certification. 
Therefore, the person would not be required to meet Sec.  61.55(b)(2).
    However, while there are foundational skills and proficiency 
elements that translate between the prerequisite ratings and the duties 
of an SIC in a powered-lift for the purposes of the narrowly tailored 
flight training operations, the FAA finds it crucial for a person to be 
adequately familiar with the specific type of powered-lift on which the 
person will be serving as SIC. Therefore, to ensure an appropriate 
level of safety while simultaneously enabling operators of powered-lift 
certificated with more than one required pilot flight crewmember to 
train in the aircraft, the FAA will continue to require the person to 
meet Sec.  61.55(b)(1). Specifically, before the person may serve as 
SIC for flight training in the powered-lift, the person must become 
familiar with the information set forth by Sec.  61.55(b)(1)(i) through 
(v). The FAA notes that, like the application of Sec.  61.55(b)(1) to 
any person seeking to serve as SIC regardless of aircraft, there is no 
minimum time or standardized delivery requirement for such 
familiarization. For example, because a person would be required to 
complete ground training for the powered-lift category rating,\108\ the 
person could complete the requisite SIC familiarization as part of the 
ground

[[Page 92328]]

training, as long as the subjects in Sec.  61.55(b)(1)(i) through (v) 
specific to the powered-lift type to be operated were present.
---------------------------------------------------------------------------

    \108\ Sec. Sec.  61.63(b)(1) and 61.125(a).
---------------------------------------------------------------------------

D. Dual Controls Considerations Related to Flight Training and 
Supervised Operating Experience

1. Introduction
    In the NPRM, the FAA did not propose any relief in the SFAR to the 
long-standing requirement that an aircraft must have dual controls for 
certain operations.
    Section 91.109(a) stipulates that no person may operate a civil 
aircraft that is being used for flight instruction unless that aircraft 
has fully functioning dual controls.\109\ This requirement is subject 
to limited exceptions including (1) manned free balloons \110\ and (2) 
instrument flight instruction in an airplane equipped with a single, 
functioning throwover control wheel, provided the instructor has 
determined that the flight can be conducted safely and the person 
manipulating the controls has at least a private pilot certificate with 
appropriate category and class ratings.\111\ The prerequisite 
certificate and rating requirement ensures the person receiving 
instrument flight instruction in the airplane has previously 
demonstrated foundational knowledge and proficiency appropriate to the 
category and class in the airplane in which training occurs. The 
throwover control wheel also provides a means for the authorized 
instructor to directly intervene, when necessary, in the interest of 
safety.
---------------------------------------------------------------------------

    \109\ Additionally, Sec.  61.195(g)(1) references the 
requirements in Sec.  91.109, stating that a flight instructor must 
perform all training from in an aircraft that complies with the 
requirements of Sec.  91.109. Further, Sec.  61.195(g)(2) requires 
the aircraft that a flight instructor provides flight training for a 
pilot certificate or rating issued under part 61 to have at least 
two pilot stations and be of the same category, class, and type, if 
appropriate, that applies to the pilot certificate or rating sought.
    \110\ Sec.  91.109(a)(1).
    \111\ Sec.  91.109(a)(2).
---------------------------------------------------------------------------

    Similarly, an aircraft must have dual controls if it is used to 
conduct supervised operating experience under Sec.  61.64(g). Section 
61.64 details requirements for certain situations when training or any 
portion of a practical test is conducted in an FSTD. Under Sec.  
61.64(f), if an applicant for a certificate or rating in a powered-lift 
uses an FSTD for any portion of the practical test and does not meet 
the experience requirements set forth in Sec.  61.64(e) and does not 
complete the specific tasks on the practical test listed in Sec.  
61.64(f)(1) in an aircraft, then the applicant's pilot certificate is 
issued with a PIC limitation.\112\ Per Sec.  61.64(g), the applicant 
may remove the limitation by, in part, completing 25 hours of flight 
time in an aircraft of the appropriate category, class (if a class 
rating is required), and type for which the limitation applies under 
the direct observation of a PIC, termed ``supervised operating 
experience'' (SOE). That PIC must hold a category, class (if a class 
rating is required), and type rating, without limitations, for the 
aircraft in which SOE is being conducted.\113\ While the FAA concedes 
there is no explicit regulation requiring an aircraft to be equipped 
with dual controls when a pilot is completing the 25 hours of required 
flight time in accordance with Sec.  61.64, the PIC observing the 
flight is also acting as PIC of the operation and ensuring the safety 
of the flight. Therefore, the person observing the flight and acting as 
PIC must have access to a set of controls while the applicant is 
performing the duties of PIC while under the direct observation of the 
acting PIC.
---------------------------------------------------------------------------

    \112\ The applicant's pilot certificate will be issued with a 
limitation that states: ``The [name of the additional type rating] 
is subject to pilot in command limitations,'' and the applicant is 
restricted from serving as pilot in command in an aircraft of that 
type. Sec.  61.64(f)(2).
    \113\ Additionally, the applicant must log each flight and the 
pilot in command who observed the flight must attest to each flight, 
the applicant must obtain the flight time while performing the 
duties of pilot in command; and finally, the applicant must present 
evidence of the supervised operating experience to a flight 
standards office to have the limitation removed. See Sec.  
61.64(g)(2),(3), and (4).
---------------------------------------------------------------------------

    However, as noted in the NPRM, some manufacturers have or intend to 
only design powered-lift with a single set of controls. Therefore, the 
FAA invited public comment on three specific points: (1) how a flight 
instructor would provide flight training in a powered-lift with only a 
single set of flight controls without adversely affecting safety; (2) 
how an applicant would meet the SOE requirements with a single set of 
flight controls in a powered-lift; and (3) how an operator would fully 
qualify pilots for air carrier operations in an aircraft without dual 
flight controls while meeting the enhanced standard expected of air 
carrier operations. Additionally, the FAA requested commenters provide 
any relevant data or technical analyses that could assist the FAA in 
evaluating the viability of pathways to single set of flight controls.
    This section acknowledges comments received and describes the three 
alternate pathways that the FAA adopts in this final rule to facilitate 
airman certification in a powered-lift with a single functioning 
control and single pilot station while upholding safety in the NAS.
2. Summary of Comments Pertaining to Flight Training and Dual Controls
    The FAA received many comments pertaining to the situations under 
which dual controls are required, as outlined above. The comments 
generally opposed the current requirements that have existed for many 
decades, and the FAA grouped the comments into the subsequent general 
categories. The FAA addresses some comments in the same sections but 
finds that the alternates adopted in this final rule sufficiently 
address the remainder of comments (e.g., by adopting a commenter's 
suggestion in one of the alternate frameworks).
Support for Maintaining Only Dual Controls
    ALPA supported the FAA's position in the NPRM pertaining to dual 
controls. Specifically, ALPA stated that allowing a pilot to operate an 
aircraft in the NAS with a single set of flight controls while 
receiving flight instruction in that specific powered-lift would result 
in a degradation of safety because the instructor would not have the 
ability to take control of the aircraft. While ALPA recognized that the 
military trains pilots in single-control configured aircraft, ALPA 
emphasized that flight instruction with a single set of controls has 
not occurred in any civil capacity. Further, ALPA stated that it is far 
too early to consider autonomous systems (e.g., simplified vehicle 
operations) as they have not been properly studied or analyzed through 
data collection. ALPA stated that existing studies with newly automated 
systems show that training must increase to ensure the pilot masters 
the use of automation and retains mastery of flying with the different 
combinations of automation due to various degrees of automation 
failure.
Neutral Over Dual Controls
    EASA expressed neither direct support nor direct opposition to the 
NPRM's position pertaining to dual controls but provided situational 
awareness of their own regulations. Specifically, EASA stated that, 
according to the European requirements and standards for trainers, 
trainers require primary flight controls that are easily accessible by 
the student pilot and the instructor. EASA stated this may either be 
via dual controls or through a center control stick.

[[Page 92329]]

Align With ICAO Annex 1, 2.1.1.4
    Many commenters urged the FAA to align with ICAO Annex 1, 
recommendation 2.1.1.4. Commenters, including GAMA, Eve, and L3Harris, 
stated this alignment with ICAO would eliminate the requirement for 
dual controls because the dual controls requirement is directly related 
to flight training requirements to achieve a powered-lift category 
rating and an instrument-powered-lift rating. Specifically, commenters 
stated that all flight training for the addition of a type rating to a 
commercial pilot certificate with an airplane category rating or 
rotorcraft category rating with helicopter class rating could be 
conducted in a high fidelity FSTD. These commenters further urged the 
FAA to acknowledge the aeronautical experience in one category of 
aircraft as creditably similar to the experience required for powered-
lift qualifications, citing Sec. Sec.  61.3(e)(3) and 61.159(a)(5)(ii).
    As discussed in section V.A. of this preamble, the FAA is not 
implementing recommendation 2.1.1.4, which would permit a pilot to add 
a powered-lift type rating to an existing commercial pilot certificate 
with airplane category rating or rotorcraft category, helicopter class 
rating. This final rule maintains the traditional airman certification 
framework, even within the SFAR alternate requirements, to hold the 
powered-lift category rating. However, the FAA notes that, even if the 
FAA did align with the ICAO recommendation, barriers for single 
controls powered-lift would persist. Section 91.109 applies to civil 
aircraft being used for flight instruction generally; in other words, 
Sec.  91.109 is applicable to flight training in the aircraft for a 
type rating. The FAA acknowledges that type specific flight training 
could occur in an FSTD, pursuant to Sec.  61.31(h), which could 
alleviate the dual controls requirement.\114\ However, in the event 
there was not yet a qualified FSTD representative of that type of 
aircraft, the person would complete their type-specific flight training 
in the aircraft, which would fall under Sec.  91.109 requirements 
(i.e., a set of fully functioning dual controls). Additionally, a 
person who chose to complete the type rating practical test in an FSTD 
pursuant to Sec.  61.64 would be required to complete certain 
aeronautical experience requirements or complete SOE set forth by Sec.  
61.64, which, as discussed in the introduction to this section, 
inherently requires a set of dual controls.
---------------------------------------------------------------------------

    \114\ In this final action the FAA has determined utilizing 
Sec.  61.31(h) in which a specific powered-lift would be subject to 
type specific training as determined by the FAA (as opposed to 
training for a type rating) would not adequately address the 
training necessary because of the unique differences inherently 
present in powered-lift being developed. Instead, the FAA has 
determined in the interest of safety that all powered-lift require a 
type rating as outline in adopted Sec.  61.31(a)(3).
---------------------------------------------------------------------------

Align With the U.S. Armed Forces' Approach
    Commenters urged the FAA to utilize the U.S. Armed Forces' approach 
to qualifying pilots in powered-lift through high fidelity simulation, 
augmented flight controls, and endorsed solo experience. These 
commenters included GAMA, FSI, Archer, AUVSI, and Joby. Many comments 
specifically referenced the Department of Defense's F-35 Lightning 
Joint Strike Fighter program.\115\ Specifically, commenters stated 
that, in the case of the F-35 program, the DoD found that a two-seat 
trainer to be unnecessary largely due to the abilities of high-fidelity 
simulators. GAMA and Joby urged the FAA to utilize the F-35B training 
and readiness manual, NAVMC 3500.118B, as a reference point for 
civilian powered-lift training programs.
---------------------------------------------------------------------------

    \115\ One commenter specifically referenced an opinion editorial 
article, (www.forbes.com/sites/mikehirschberg/2023/08/10/faa-should-heed-1990s-powered-lift-training-decision/), which discussed two DoD 
commissioned studies conducted by the Johns Hopkins University 
Applied Physics Laboratory and the Georgia Tech Research Institute. 
Both independent studies concluded a single-engine fighter aircraft 
could be just as safe as a twin-engine fighter aircraft. The article 
further stated that the decisions for the F-35 to have only one seat 
and for the program to forgo the development of a dual-seated 
trainer for new pilots was due to ``[t]he expense of developing 
another variant--a two-seat trainer--was seen as completely 
unnecessary due to the high fidelity of flight simulators of the day 
and the capabilities of digital fly-by-wire flight controls.'' The 
author asserted the FAA could allow the same practice for civilian 
powered-lift without compromising safety.
---------------------------------------------------------------------------

    One individual commenter recognized the military's development of 
``T'' version aircraft: single-seat aircraft that have been modified 
with two seats and dual flight controls specifically for the purpose of 
flight training. The commenter stated that a similar scheme could be 
followed for civil powered-lift rather than instituting training 
provisions for powered-lift with a single set of controls. Relatedly, 
HAI recommended that the FAA implement a performance-based structure 
that allows OEMs to develop appropriate training plans using acceptable 
methods, including advanced simulation, to meet training and 
qualification objectives, and specifically suggested the FAA 
collaborate with defense contractors who have already demonstrated the 
safety, effectiveness, and cost benefits of single seat aircraft 
simulators will yield similar results for OEMs developing powered-lift 
for the commercial aviation sector.
    The FAA does not find the comparison of military aircraft to a 
wholly new category of aircraft to be an equivalent one. Military 
aircraft are not designed and built to the same safety standards as an 
FAA certificated aircraft. Single-seat, military combat aircraft--with 
or without ejection seat systems--are not designed to comply with the 
robust statutory or regulatory standards as passenger-carrying aircraft 
that receive an FAA type certificate. The DoD operations are inherently 
characterized by different safety continuum considerations and 
liability thresholds. Additionally, regarding simulator training, the 
amount of technology and resources available to DoD differs greatly 
from that which is available to the civilian aviation sector. 
Specifically, before military pilots begin training on single seat 
aircraft or simulators, they traditionally have already received 
training and qualification in at least another category of aircraft. 
Taking the differences into account, as discussed further in section 
V.D.3.ii. of this preamble, the FAA is adopting a similar, though not 
identical, approach to that of DoD in this final rule to facilitate 
airman certification for powered-lift used in the civil operations.
Full Training and Testing in an FSTD
    Commenters including FSI, NBAA, CAE, Archer, Lilium, Supernal, and 
Eve overwhelmingly advocated for the concept that pilots could be fully 
trained and tested in an approved FSTD; likewise, the Advanced Air 
Mobility Institute encouraged the FAA to engage in collaboration with 
industry to explore utilization.\116\ \117\ For example, Archer 
specifically outlined a program under which the applicant would 
complete ground training and all aeronautical experience training in 
the FSTD, receive a solo endorsement, and then complete solo time in 
the powered-lift. Additionally, ADS recommended that advanced aircraft 
technology be considered when developing training requirements for 
powered-lift and also

[[Page 92330]]

recommended that the FAA expand its credit of aeronautical experience 
in a simulator and subsequently require solo experience to be gained in 
the aircraft. Commenters relied on the comparative premise that 
training for a type rating may be fully completed in the simulator, 
with no time in the type of aircraft itself, which translates to the 
FAA's recognition that FSTDs are a commonplace means of delivering 
training, particularly as it pertains to abnormal and emergency 
situations.
---------------------------------------------------------------------------

    \116\ Generally, commenters advocated for an alternate pathway 
for pilots with the prerequisites as proposed under the SFAR (i.e., 
a commercial pilot certificate with an airplane category rating or 
rotorcraft category, helicopter class rating and the corresponding 
instrument rating) rather than an ab initio applicant.
    \117\ The FAA understands the commenter's phrase of ``buddy box 
system'' in this context as two radio systems whereby the control of 
the powered-lift could be released to the student and removed from 
the student by the instructor with the flick of a switch.
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In-Aircraft Monitored Training and Related Technology
    Commenters including FSI, NBAA, CAE, Lilium, and AUSVI, urged the 
FAA to consider innovative technologies outside of a traditional FSTD 
that could facilitate in-aircraft training for those powered-lift with 
a single set of controls. Specifically, commenters cited artificial 
intelligence, virtual reality, mixed reality, augmented reality, 
headsets with camera systems, eye tracking technology, aircraft control 
movements, and keystroke and touchscreen inputs as options for 
instructors to train (for purposes of Sec.  91.109) and supervise (for 
purposes of Sec.  61.64) from the ground. Additionally, commenters 
stated the instructor could observe from the forward most passenger-
seat, in tandem with the aforementioned remote technologies, for real-
time monitoring. An individual commentor also urged the FAA to consider 
capitalizing on remote safety pilot technology or built-in autonomous 
systems that are able to swiftly take over full control of the powered-
lift during in-aircraft training sessions. Lilium stated that automated 
fly-by-wire systems and advanced flight control laws provide safety 
measures and envelope protection enhance situational awareness and 
reduces complexity of aircraft. Lilium described these features as 
contributing to a safe flight training regime by preventing over-
corrections and stalls, while hands-free hover positioning and altitude 
hold capabilities further enhance safety during flight training, 
negating the need for dual controls requirements.
Opposition to Dual Control Trainers
    Commenters disagreed with the FAA's expectations as stated in the 
NPRM that powered-lift manufacturer's develop dual control trainers for 
their single control aircraft. Commenters opposed such development, 
first, on the grounds that the dual control trainer would not be an 
accurate representation of the single control aircraft, which would 
present an operational discrepancy when the applicant would move from 
the dual control trainer to the actual powered-lift in the NAS. 
Additionally, many commenters emphasized that the development of a dual 
control trainer would be costly and create significant delays for 
manufacturers at this stage of powered-lift progress and certification, 
especially after relying on the FAA's original position that powered-
lift would be certificated as airplanes, which held until changed in 
2022.\118\ These commenters included FSI, NBAA, CAE, Archer, Eve, HAI, 
and the Honorable Jeff Van Drew.
---------------------------------------------------------------------------

    \118\ The FAA acknowledges that certain manufacturers were of 
the understanding that they would be classified as an airplane. 
Commenters expressed that reliance on this position led 
manufacturers to believe they would not need dual controls in 
powered-lift even for training.
---------------------------------------------------------------------------

3. Alternate Pathways
    In light of the overwhelming support for innovative pathways to 
facilitate training in powered-lift with a single set of controls, the 
FAA analyzed the safety intent of the requirement for dual controls in 
flight training and SOE to determine whether nontraditional alternate 
pathways could achieve an equivalent level of safety to in-aircraft 
training. In this final rule, the FAA adopts three pathways to 
accomplishing flight training and SOE for powered-lift with a single 
set of controls. This section first explains the FAA's three adopted 
alternate pathways. The FAA trusts that these pathways will address the 
majority of commenters discrete issues; however, the second part of 
this section responds to certain comments that may not be enveloped in 
the three alternate pathways.
i. Alternate One: Powered-Lift Equipped With a Single Instantly 
Accessible Functioning Flight Control
    As previously discussed, Sec.  91.109(a) restricts a person from 
operating a civil aircraft that is being used for flight instruction 
unless that aircraft has fully functioning dual controls. However, 
there are some narrowly tailored exceptions to this restriction: (1) if 
the aircraft is a manned free balloon, (2) for the purpose of 
instrument flight instruction in an airplane equipped with a single, 
functioning throwover control wheel that controls the elevator and 
ailerons,\119\ and (3) for the purposes of a flight review under Sec.  
61.56 or to obtain recent flight experience or an instrument 
proficiency check under Sec.  61.57 in an airplane equipped with a 
single, functioning throwover control wheel that controls the elevator 
and ailerons.\120\ Dual controls requirements can be traced back to the 
inception of the Civil Aviation Regulations in 1938 \121\ and the FAA 
instituted the first two exceptions in 1978 to then Sec.  91.21 \122\ 
in response to a public solicitation for proposals in relation to an 
Operations Review Program. The FAA explained that the exceptions were 
appropriate in light of numerous exemptions allowing AOPA and the AOPA 
Air Safety Foundation to conduct simulated instrument instruction at 
flight training clinics using single-engine airplanes equipped with a 
single, functioning throwover control. The FAA instituted the third 
exception in 2011, again, in response to numerous exemptions that allow 
instructors to provide recurrent flight training and simulated flight 
training for the purpose of meeting recency of experience requirements 
and flight review requirements in airplanes equipped with a single, 
functioning throwover control wheel.\123\
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    \119\ Pursuant to Sec.  91.109(a)(1) and (2), to utilize this 
exception, the instructor must determine that the flight can be 
conducted safely and the person manipulating the controls must have 
at least a private pilot certificate with appropriate category and 
class ratings.
    \120\ Pursuant to Sec.  91.109(b), the airplane must also be 
equipped with operable rudder pedals at both pilot stations; the 
pilot manipulating the controls must be qualified to serve and 
serves as PIC during the entire flight; the instructor must be 
current and qualified to serve as PIC of the airplane, meet the 
requirements of Sec.  61.195(b), and have logged at least 25 hours 
of PIC flight time in the make and model of airplane; and the PIC 
and instructor have determined the flight can be conducted safely.
    \121\ See 14 CFR 20.655 (1938), which stated, in pertinent part, 
that ``no flying instruction shall be given in any aircraft, for or 
without hire, unless such aircraft is equipped with fully 
functioning dual controls and a certificate instructor is in full 
charge of one set of said controls.''
    \122\ General Operating and Flight Rules and Related 
Airworthiness Standards and Crewmember Training, 43 FR 46233 (Oct. 
5, 1978).
    \123\ Pilot in Command Proficiency Check and Other Changes to 
the Pilot and Pilot School Certification Rules, 76 FR 54095 (Oct. 
31, 2011).
---------------------------------------------------------------------------

    Notwithstanding the exception for manned free balloons, these 
exceptions share two characteristics. First, the flight instructors 
have access to a control such that if there exists a condition 
warranting immediate action (e.g., immediately taking the controls to 
maneuver the aircraft so as to see and avoid traffic or take controls 
to ensure a maneuver does not result in a mishap or exceed an aircraft 
limitation), the flight instructor can intervene. Second, in each of 
the two exceptions, the applicant pilot possesses a pilot certificate. 
In other words, the single, throwover control is considered sufficient 
in instances where the person manipulating the controls has 
prerequisite certificates and ratings (i.e., foundational aeronautical 
experience). Specifically, in the exception under

[[Page 92331]]

Sec.  91.109(a)(1) and (2), the person receiving instrument flight 
instruction must have at least a private pilot certificate with 
appropriate category and class ratings. Similarly, in the second 
exception under Sec.  91.109(b), the person manipulating the controls 
is a certificated and rated pilot who is receiving instruction for a 
flight review, recent flight experience, or an instrument proficiency 
check. These activities are conducted to maintain privileges, not to 
obtain them for the first time.
    Therefore, the FAA finds extending mirrored relief to that as 
provided in Sec.  91.109(a) and (b), and similar to that of EASA,\124\ 
would not adversely affect safety for pilots seeking certification 
under the SFAR (i.e., an instantly accessible, single, functioning 
flight control in an aircraft with single controls where two pilots are 
seated in the flightdeck of the aircraft). Both prongs of safety 
criteria will be met: (1) the powered-lift will have a control such 
that the flight instructor can immediately intervene in an emergency 
event, as well as maintain the ability to demonstrate a maneuver if 
necessary, and (2) the pilots under the SFAR will have at least a 
commercial pilot certificate with an airplane category rating or 
rotorcraft category rating with helicopter class rating and the 
corresponding instrument rating.
---------------------------------------------------------------------------

    \124\ Pursuant to AMC4 to appendix 6 of EASA regulations, the 
airplane used for instrument flight training provided outside an ATO 
by an IRI(A) or FI(A) should be fitted with primary flight controls 
that are instantly accessible by both the student and the 
instructor, for example, dual flight controls or a center control 
stick. Additionally, the regulation states that swing-over flight 
controls should not be used.
---------------------------------------------------------------------------

    Under Sec.  194.253(a)(1), this alternate requirement would be 
extended only to those pilots seeking a powered-lift category rating, 
powered-lift type rating, and instrument-powered-lift rating under the 
SFAR (i.e., those qualified in accordance with Sec.  194.215(a) who are 
instructor pilots, test pilots, FAA test pilots, aviation safety 
inspectors, the initial cadre of instructors, and pilots receiving 
training under an approved training program). Additionally, under new 
Sec.  194.253(a)(1)(i) and (ii), the instructor must be an instructor 
pilot for the manufacturer of the powered-lift under the manufacturer's 
proposed training curriculum or a flight instructor under an approved 
training curriculum under part 135, 141, or 142, as applicable.
    Under new Sec.  194.253(a)(2), a person may operate a powered-lift 
for flight training without fully functioning dual controls provided it 
is equipped with a single, functioning control \125\ that is instantly 
accessible by both the applicant and the instructor.\126\ As discussed 
in the NPRM, some powered-lift are equipped with inceptors, which 
encompasses a wide variety of non-traditional pilot controls through 
which pilot inputs are managed for the purpose of operating the 
powered-lift. The FAA notes that although this alternate pathway 
enables powered-lift with one flight control to be used in flight 
instruction, the two seats or pilot stations with access to this single 
flight control would be evaluated during the aircraft certification 
process using the certification standards for pilot stations. 
Additionally, instant accessibility means that the person providing the 
instruction would be able to take immediate corrective action and full 
control of the aircraft from their occupied seat. Finally, the 
instructor pilot must determine that the flight can be conducted 
safely.
---------------------------------------------------------------------------

    \125\ The FAA notes this relief is similar to that suggested by 
BETA Technologies, who recommended the FAA add additional 
requirements to Sec.  91.109 to allow for shared controls for pitch 
and roll that may include devices other than control wheels. (A 
pilot uses a ``control wheel'' or ``yoke'' to control the attitude 
of an aircraft usually in both pitch and roll. Rotating the control 
wheel controls the ailerons and the roll axis.) The final rule as 
described herein will allow a shared control but does not require 
the shared control to be a control wheel device.
    \126\ The FAA notes that since both pilots have immediate access 
to the control and, therefore, the ability to manipulate the 
controls of the powered-lift, if supervised operating experience was 
required after a person's practical test via Sec.  61.64 
requirements, the aircraft could be used for supervised operating 
experience.
---------------------------------------------------------------------------

ii. Alternate Two: Full Flight Simulator (FFS) Training for Powered-
Lift With Single Functioning Controls and a Single Pilot Station
Overview
    While an instantly accessible, single, functioning flight control, 
including a throwover control, presents a viable option for training in 
an aircraft with single controls where two pilots are seated in the 
flight deck of the aircraft (i.e., where the control is accessible 
through virtue of side-by-side seats), the FAA acknowledges that some 
powered-lift will have a single pilot station. This would render the 
option of an instantly accessible, single, functioning flight control 
as inherently unfeasible. In light of commenters' recommendations for 
full qualification through FSTD training and testing, the FAA evaluated 
how to facilitate a path for full training and testing in an FFS for a 
powered-lift category rating, powered-lift type rating, and instrument-
powered-lift rating, while maintaining an equivalent level of safety to 
that of flight training in an aircraft equipped with fully functioning 
dual controls (or a single, functioning flight control that is 
instantly accessible to both the applicant and the person providing the 
flight instruction in their respective pilot station). To ensure an 
equivalent level of safety to that of in-aircraft training through this 
unconventional training and testing framework, the FAA evaluated six 
main factors and mitigations: prior piloting experience, FAA oversight 
of training programs, simulator fidelity, demonstration and familiarity 
flights, solo flight, and SOE. To this end, the FAA adopts in this 
final rule an alternate framework to facilitate training and testing 
for a powered-lift category rating, powered-lift type rating, and 
instrument-powered-lift rating. This final rule facilitates the 
framework through Sec.  194.253(b) and the alternate framework process 
in new appendix A to part 194, mirroring a part 141 minimum curriculum 
appendix.\127\ The following sections describe the linear framework, 
safety considerations, and mitigations to enable training in an FFS 
that represents a powered-lift with single controls and a single pilot 
station.
---------------------------------------------------------------------------

    \127\ Specifically, Sec.  141.55 requires training courses to 
meet the minimum curriculum requirements in accordance with the 
appropriate appendix of part 141. The appendices set forth the 
minimum curriculum requirements for that certification course under 
part 141 (e.g., eligibility for enrollment, aeronautical knowledge 
training, flight training, etc.).
---------------------------------------------------------------------------

Applicability and Eligibility
    The relief provided in the alternate framework will apply to only 
those pilots simultaneously seeking a powered-lift category rating, a 
powered-lift type rating, and an instrument-powered-lift rating in a 
powered-lift with single fully functioning controls and a single pilot 
station. Therefore, while the traditional airman certification approach 
under part 61 permits a piecemeal approach for a pilot to obtain a 
rating,\128\ this alternate pathway for powered-lift ratings would 
require an applicant to train for all three ratings 
simultaneously.\129\ Because an

[[Page 92332]]

applicant utilizing this relief would be required to seek the three 
ratings simultaneously, Sec.  194.211 inherently would not be 
applicable to this population of applicants training and testing via 
this alternative in a powered-lift with single controls and equivalent 
FSTD.\130\
---------------------------------------------------------------------------

    \128\ For example, a person seeking an airplane or helicopter 
type rating has flexibility to take the type rating practical test 
independent of other practical tests and may obtain an instrument 
rating in an airplane or helicopter for which a type rating is not 
required prior to applying for a type rating in an airplane or 
helicopter. Additionally, because there exist airplanes and 
helicopters where a type rating is not required, a person could 
obtain the category and class ratings independent of a type or 
instrument rating.
    \129\ See section V.F.3. of this preamble for further discussion 
of the FAA`s determination that a powered-lift-instrument rating is 
necessary to utilize this pathway.
    \130\ Section 194.211 sets forth certain provisions permitting a 
person to obtain an initial powered-lift type rating without 
concurrently obtaining the instrument-powered-lift rating or an 
additional powered-lift type rating with a ``VFR Only'' limitation. 
The FAA is not extending the relief contained in Sec.  194.211 to 
ensure that applicants utilizing this framework will be able to act 
as PIC while completing the cross-country requirements set forth in 
appendix A, section 8.(a)(iii).
---------------------------------------------------------------------------

    This training alternate pertains to the training requirements for 
powered-lift originally type certificated with single fully functioning 
controls and a single pilot station or a powered-lift undergoing the 
type certification process with these features. When opting for this 
alternate for initial and add-on ratings in a single flight control 
powered-lift, pilots are required to complete additional flight hours 
as stipulated in Sec. Sec.  194.253 and 194.255 (e.g., the 
familiarization flight, demonstration flight, and supervised operating 
experience). As a result, this alternate is not applicable to those 
powered-lift originally certificated with dual controls and dual pilot 
stations or those with single functioning flight controls and dual 
pilot stations. Similarly, this alternate is not applicable to dual 
control powered-lift designs that are later altered to a single set of 
fully functioning controls and a single pilot station through a 
Supplemental Type Certificate (STC) or other means, such as 
disconnecting a removable set of controls.
    When developing the FFS Training alternative, the FAA considered 
the level of experience that a pilot utilizing this alternative should 
possess. The FAA has long maintained the position of the importance of 
actual aircraft experience when an applicant uses flight simulation for 
training and testing, especially as it pertains to ab initio 
pilots.\131\ Where an ab initio pilot has little to no experience in an 
aircraft in the NAS, the FAA maintains that in-aircraft training and 
testing (or required SOE when an applicant accomplishes the entire 
practical test in an FFS) is paramount in ensuring pilot proficiency. 
Simulation offers many benefits to training, particularly as it relates 
to training abnormal and emergency procedures, such as brown or white 
out conditions, engine inoperative procedures during critical phases of 
flight, and system malfunctions that cannot be safely replicated in 
actual flight. However, the actual flight environment requires certain 
knowledge and skills and provides experiences that may not be able to 
be comprehensively accomplished in a simulator (e.g., the experience of 
actually landing on a pinnacle, or conduct a steep approach into a 
confined area at night). Additionally, simulator training does not 
fully replicate the inflight environment in the flightdeck of an 
aircraft, taking into considerations such as realistic ATC 
communications, flightdeck distractions, temperature extremes and 
noise, unexpected interactions with traffic not communicating with ATC, 
or adapting to unexpected weather conditions to the degree expected in 
the actual flight environment.
---------------------------------------------------------------------------

    \131\ E.g., Aircraft Flight Simulator Use in Pilot Training, 
Testing, and Checking and at Training Centers, final rule, 61 FR 
34508 (Jul. 2, 1996); Pilot, Flight Instructor, and Pilot School 
Certification final rule, 74 FR 42500 (Aug. 21, 2009).
---------------------------------------------------------------------------

    A pilot utilizing the SFAR will be required to have the 
prerequisite certificate and ratings prescribed in Sec.  194.215(a), 
which is a commercial pilot certificate with either an airplane 
category rating with a single-engine and/or multiengine land or sea 
class rating or a rotorcraft category rating with helicopter class 
rating, and the corresponding instrument rating.\132\ This requirement 
ensures the pilot seeking the powered-lift ratings via this appendix 
has extensive exposure to in-aircraft flight training and aircraft 
operations within the NAS,\133\ including a variety of operational and 
environmental issues that cannot be fully replicated in an FFS. 
Additionally, to hold these ratings, the pilot would have demonstrated, 
at a minimum, a level of aircraft mastery required to achieve the 
commercial pilot certificate and instrument ratings and, therefore, be 
certificated at a level that enables them to serve as a pilot for 
compensation or hire. Therefore, the FAA has determined that holding 
such certificates and ratings will ensure that pilots utilizing the FFS 
Training alternative will possess key knowledge, skills, as well as 
exposure and experience of operating an aircraft in the NAS, all of 
which cannot be fully replicated in a simulator for a pilot that lacks 
the required prerequisites for entry in this training alternative.\134\
---------------------------------------------------------------------------

    \132\ The FAA considered whether a lower certificate level 
(i.e., private pilot certificate) would be a viable alternative 
minimum level of qualification but finds that a private pilot's 
experience through their limited privileges may not adequately 
ensure the foundational knowledge, skills, and proficiency such that 
the person should bypass in-flight training elements and situational 
exposure.
    \133\ A pilot seeking an airplane category rating must have at 
least 250 hours (190 hours if training at a part 141 pilot school) 
and a pilot seeking a rotorcraft category helicopter class rating 
must have at least 150 hours to be eligible for a commercial pilot 
certificate.
    \134\ The FAA notes that there currently exist scenarios where 
fully rated pilots in other categories of aircraft with a similar 
level of experience as described herein seek to train on an aircraft 
with a single set of controls and a single pilot station. The relief 
adopted herein is a temporary measure meant to springboard the entry 
of a new category of aircraft and sufficient numbers of flight 
instructors and pilots to support this industry sector. Moreover, 
unlike airplanes and helicopters, the type rating requirement for 
each powered-lift creates a unique scenario where a pilot cannot 
first obtain category and class ratings before separately seeking a 
type rating. One benefit of this SFAR is to collect information and 
data to later educate the FAA when contemplating future permanent 
amendments for both powered-lift and aircraft in general, including 
dual controls requirements.
---------------------------------------------------------------------------

    In addition to the prerequisites, an important aspect of this 
training alternative is the requirement for the training to be 
conducted by an FAA-approved program under part 135, 141, or 142. This 
ensures the training is conducted via an approved curriculum fostering 
quality, standardized training, which results in consistent, highly 
effective training. Additionally, these FAA-approved programs have a 
higher level of FAA oversight than training that is conducted outside 
of an FAA-approved training program. Requiring this training to be 
conducted under an approved program enables the FAA to evaluate the 
quality of the training and ensure the training course syllabuses are 
followed, and it affords the FAA the ability to work with the training 
provider to correct deficiencies. Another advantage of an approved 
program is that the provider and the FAA can gather data and monitor 
trends so that positive adjustments can be made to the program to 
ensure a high level of effective training continues to be provided. The 
FAA notes that the training curriculum submitted must encompass all the 
necessary training for a pilot to obtain a commercial pilot certificate 
with powered-lift category rating, an instrument-powered-lift rating, 
and type rating for the powered-lift that is being trained on that is 
equipped with only a single set of flight controls.
    However, under this appendix approach, if a manufacturer is not one 
of the certificate holders mentioned, they will not be able to utilize 
this provision.\135\ Although this necessitates

[[Page 92333]]

that an OEM become a certificate holder under one of these parts, this 
requirement will help ensure the FAA has the necessary tools and 
authority to conduct surveillance and gather data on this new and novel 
approach to certificating pilots in a single flight control powered-
lift. In this respect, the appendix approach differs from the 
provisions set forth in the SFAR for aircraft equipped with dual 
controls under the current regulatory framework, which do not 
necessarily require a manufacturer to become one of the certificate 
holders mentioned. For example, the alternate aeronautical experience 
requirements in Sec. Sec.  194.217 and 194.219 may be completed at a 
powered-lift manufacturer without the manufacturer having to become a 
part 135 operator, part 141 pilot school, or part 142 training center.
---------------------------------------------------------------------------

    \135\ The FAA has established a Flight Standards Certification 
Team (FSCT) to allow for the expedited processing of certifications. 
The process to complete certification of a new Air Agency 
certificate consists of five phases; Preapplication, Formal 
Application, Design Assessment, Performance Assessment, and 
Administrative functions in which the FAA combines into three gates. 
Gate I consists of the Final Preapplication Statement of Intent and 
completion of the Preapplication Meeting. Gate II consists of the 
Formal Application and Design Assessment and is allotted 90 days for 
completion. Gate III consists of Performance Assessment and 
Administration Functions in which the FSCT allots 30 days for 
completion. Therefore, if an applicant is prepared, the timeline for 
certification would take approximately 120 days to complete.
---------------------------------------------------------------------------

    The first two sections of new appendix A to part 194 prescribe 
applicability and eligibility provisions in section 1. and 2., 
respectively. Specifically, appendix A, section 1.(a) sets forth the 
specific ratings for which a person may utilize the minimum 
requirements of the appendix to apply for a pilot training program in a 
powered-lift with a single control and a single pilot station and 
specifies that the powered-lift must be type certificated, or seeking 
type certification, with one set of controls and a single pilot 
station. Section 1.(b) requires that a person utilizing the pathway set 
forth in the appendix apply for all three ratings simultaneously. 
Section 2.(a) sets forth the prerequisite qualification requirements an 
applicant must possess as stipulated in Sec.  194.215(a). Finally, 
Section 2.(b) requires the training and testing under the appendix to 
be provided under a part 135, 141, or 142 approved training program.
Ground Training
    Ground training is an integral part of a training program that 
ensures an applicant has received the required instruction on the 
required aeronautical knowledge areas and has been found competent. 
Section 61.63 prescribes the requirements to apply for additional 
aircraft category, class, and type ratings other than ratings at the 
ATP certification level, and Sec.  61.65 prescribes the requirements to 
apply for an instrument rating. A person who applies to add a powered-
lift category and a type rating to a pilot certificate is required to 
complete the requisite ground training from an authorized instructor on 
the aeronautical knowledge areas specified in Sec.  61.125(b).\136\ 
Similarly, Sec.  61.65 requires a person to receive and log ground 
training from an authorized instructor or accomplish a home-study 
course of training on the aeronautical knowledge areas set forth in 
Sec.  61.65(b) that apply to the instrument rating sought.\137\ The 
appendix will not alter the requirement to receive and log ground 
training on the applicable aeronautical knowledge areas, but section 
3.(a) of the appendix will require the applicant to complete all the 
required ground training, which must be outlined in the certificate 
holder's approved training program, prior to starting the simulator 
training phase. To ensure a person's competency on the required 
aeronautical knowledge areas, including those for the specific powered-
lift type, a person will be required to pass a knowledge check prior to 
starting the simulator training phase pursuant to new section 3.(b) of 
the appendix. However, because the person would already hold a 
commercial pilot certificate and an instrument rating, by virtue of the 
prerequisites in Sec.  194.215(a), the person would not be required to 
take an FAA knowledge test.\138\ Rather, the knowledge check will be 
within the purview of the training program to determine the processes 
and procedures (e.g., number of questions, scenario based questions, 
etc.) of the knowledge check, but it must comprehensively cover the 
required aeronautical knowledge areas. The required knowledge check may 
be administered using written or oral questions or a combination of 
both written and oral questions, and the outcome of the knowledge check 
will be documented in the applicant's training record. The method and 
content of a knowledge check must be submitted as part of the required 
documentation when a person submits the training program to the FAA for 
review and approval. A knowledge check should be similar to a progress 
or stage check commonly found in an operator's approved training 
program under parts 135, 141, and 142, the intent of which is to ensure 
the applicant possesses the foundational aeronautical knowledge of a 
specific powered-lift type before commencing the next phase of 
simulator training.
---------------------------------------------------------------------------

    \136\ Sec.  61.63(b)(2).
    \137\ Sec.  61.65(a)(3), 61.65(b).
    \138\ Sec. Sec.  61.63(b)(4), 61.63(d)(4), 61.65(a)(7).
---------------------------------------------------------------------------

Full Flight Simulator Training
    In lieu of flight training in an aircraft, section 4. of the 
appendix will permit the flight training requirements referenced in 
Sec.  194.217 through Sec.  194.235 as well as any other applicable 
flight training requirements under part 61 to be accomplished in a 
qualified Level C or higher FFS. An operator will be required to submit 
their training program to the FAA for approval. The program must 
incorporate all the flight training necessary for an eligible applicant 
\139\ to receive a powered-lift category, instrument-powered-lift 
rating, and type ratings under parts 61 and 194. At a minimum, the 
training program must include at least 20 hours \140\ of flight 
training in an FFS for the commercial pilot powered-lift category and 
15 hours \141\ of flight training in an FFS for the instrument 
rating.\142\
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    \139\ As noted, only certain pilots will be eligible for this 
training under section 2 of the appendix.
    \140\ Sec. Sec.  194.217 (b)(1), 194.219(b)(1), 194.221(b)(1) 
and 61.129(e)(3).
    \141\ Sec. Sec.  194.225(b)(1), 194.227(b)(1), and 61.65(e)(2).
    \142\ Of the 35 hours of flight training in the FFS, 15 hours is 
creditable toward the 35 hours of PIC flight time required by Sec.  
194.216(a). Additionally, the FAA notes that when instrument 
training is being logged toward a commercial pilot certificate with 
powered-lift category rating, the same training could be 
concurrently utilized and log toward the instrument training 
requirements required for a powered-lift-instrument rating. See 
Legal Interpretation to Ms. Kristine Hartzell- Airline Owners and 
Pilots Association (December 17, 2010).
---------------------------------------------------------------------------

    This FFS training may only commence after the applicant completes 
the ground training portion of the training program as set forth by 
section 3.(a) of the appendix. As discussed in section V.F.2 of this 
preamble, to ensure the applicant receives training in an FFS that 
replicates flight in the actual aircraft as closely as possible, the 
FFS must be a Level C or higher qualification level. The fidelity, and 
therefore qualification level, of the FFS is a vital element of this 
alternative method of training since the applicant will receive no 
flight training in the aircraft, may not possess a powered-lift 
category rating and instrument-powered-lift rating, and will have 
little or no prior experience flying this powered-lift type. 
Additionally, after the completion of the FFS training phase, the 
applicant who is seeking a powered-lift category, powered-lift 
instrument rating, and powered-lift type rating concurrently for

[[Page 92334]]

the represented powered-lift, will transition to flight in the actual 
aircraft with only single controls and a single pilot station. 
Therefore, the applicant must have some experience with a closer degree 
of realism of the FFS, which is only characterized at these highest 
qualification levels. For those pilots who already possess a powered-
lift category and instrument rating and are seeking only a type rating 
for the powered-lift, the required qualification level of the simulator 
aligns with established requirements to add a type rating for other 
categories of aircraft.
    Therefore, as set forth in new section 4.(a) of the appendix, an 
applicant seeking all three ratings must complete all the applicable 
flight training requirements of Sec.  194.217 through Sec.  194.235, 
including the two instrument cross-country flights required by Sec.  
194.235, which will be conducted in the FFS, and the applicable flight 
training requirements under part 61. However, the cross-country 
requirements of Sec.  194.233 will be accomplished during the solo 
segment of the training program. At the successful completion of the 
FFS training phase, as detailed in the approved training program, and 
prior to advancing to the in-aircraft phase, the applicant must 
satisfactorily accomplish a check administered by a person authorized 
to conduct this check. As set forth in 4.(b) of the appendix, a person 
authorized to administer the check can be a check pilot, a training 
center evaluator (TCE), an authorized instructor, an instructor pilot, 
an FAA aviation safety inspector (ASI), or another person authorized by 
the FAA to administer this check. Specifically, the check must consist 
of oral questioning and the satisfactory performance of all the 
maneuvers and procedures required for the issuance of a commercial 
pilot certificate with a powered-lift category rating, for the issuance 
of an instrument-powered-lift rating, and for the issuance of a 
powered-lift type rating.\143\ Requiring the applicant to demonstrate 
the maneuvers and procedures required for the issuance of the rating(s) 
ensures the applicant has the knowledge and mastery of controlling the 
aircraft prior to advancing to the training segment where flight in the 
aircraft without a set of dual controls will occur (i.e., when the 
applicant will have full control of the aircraft and the flight 
instructor may not have a method by which to intervene). This check 
requirement is also important since the applicant will not yet possess 
a powered-lift category or instrument rating, thereby possessing no 
prior experience flying this powered-lift type in addition to holding 
little to no category experience. The successful completion of the FFS 
check establishes a 90-day window in which the applicant must 
accomplish both the familiarity flight and demonstration flight as 
discussed in the following sections.\144\ Failure to complete both the 
familiarity flight and demonstration flight within this 90-day 
timeframe will require the applicant to return to the FFS and 
successfully complete a demonstration of proficiency, of which the 
content should include, at a minimum, the maneuvers and tasks contained 
in section 10. of appendix A.
---------------------------------------------------------------------------

    \143\ As is currently applicable, when an applicant is 
concurrently seeking a pilot certificate with instrument and type 
ratings, and there are overlapping tasks between the practical tests 
the applicant may conduct a task required for the multiple ratings 
sought a single time provided the task is performed to the higher 
standard. For example, if an applicant seeking a commercial pilot 
certificate with instrument-powered-lift rating, and type rating for 
the aircraft sought must conduct a precision approach for both the 
type rating and instrument rating, the applicant would only need to 
demonstrate the task once provided they perform it to the higher 
standard.
    \144\ Appendix A to part 194, 4.(b), 5.(a) and 6.(a)(4).
---------------------------------------------------------------------------

    The FAA notes that because the FFS training would be provided under 
a part 135, 141, or 142 approved training program, the applicable 
requirements of those parts must also be met. This includes documenting 
the training and testing in accordance with the part under which the 
training program is offered, pursuant to the regulations within those 
parts.
Aircraft Familiarity Flight
    The aircraft familiarity flight is the first of two in-flight 
training program segments required to transition the applicant from the 
FFS training phase to the aircraft training phase of the training 
program. Section 5. of the appendix will dictate the requirements of 
the aircraft familiarity flight. The purpose of this segment is to 
expose the applicant to the operation of the aircraft in actual flight 
in the NAS where the authorized instructor must demonstrate all of the 
maneuvers and procedures required for the issuance of a commercial 
pilot certificate with a powered-lift category rating, for the issuance 
of an instrument-powered-lift rating and for the issuance of a powered-
lift type rating, pursuant to new section 5.(b)(1). Additionally, it 
will provide the authorized instructor an opportunity to familiarize 
the applicant with the local flight area to include practice areas and 
departure airport familiarization. The aircraft familiarity flight must 
be accomplished in the aircraft with an instructor piloting the 
aircraft with the applicant having unobstructed visual sight of the 
controls and the instrumentation, and able to engage in active 
communication with the instructor during the entire flight under new 
section 5.(b)(2). During the aircraft familiarity flight, if the same 
task or maneuver is required for the issuance of a commercial pilot 
certificate with a powered-lift category rating, for the issuance of an 
instrument-powered-lift rating, and for the issuance of a powered-lift 
type rating that same task or maneuver does not have to be demonstrated 
more than once. Additionally, tasks or maneuvers that have been waived 
in accordance with Sec.  194.207(c) are not required to be demonstrated 
(i.e., tasks that the powered-lift physically cannot perform). Pursuant 
to new section 5.(c), the aircraft familiarity flight may involve one 
or more flights to accomplish a demonstration of all the required 
tasks.
    After a person completes the aircraft familiarity flight, the 
authorized instructor may endorse the applicant in accordance with new 
section 5.(d) to act as PIC to accomplish the demonstration flight with 
an authorized instructor on board. However, this endorsement will be 
valid only for 90 days from the date of the check in the FFS was 
completed (i.e., the check in accordance with new section 4.(b) of the 
appendix).\145\ This timeframe is because the demonstration flight will 
be the first flight that the applicant pilots the actual aircraft in 
the NAS for which they do not have a category rating; therefore, the 
linear process of flights (proficiency check in FFS, aircraft 
familiarity flight, and demonstration flight) must be accomplished in a 
timely manner so the proficiency from the FFS training and the 
information obtained from the aircraft familiarity flight does not 
degrade.
---------------------------------------------------------------------------

    \145\ The FAA has previously found this time-period to be an 
appropriate amount of time between proficiency retention between 
training and solo flights and aligns with limitations on student 
pilots operating an aircraft in solo flight. See Sec.  61.87(n).
---------------------------------------------------------------------------

Demonstration Flight
    The next phase in the training program set forth in the appendix 
includes a demonstration flight. The purpose of a demonstration flight 
is to enable an authorized instructor to ascertain that an applicant 
possesses satisfactory proficiency in the operation of the aircraft to 
then act as PIC safely in solo flight. In other words, the FAA finds a 
safety gap would exist if the applicant went directly from the FFS to 
solo in the aircraft, even with an aircraft familiarity flight because 
the applicant

[[Page 92335]]

would have no supervised experience manipulating the controls before 
solo flight in the NAS. The demonstration flight under new section 
6.(a)(2)(i) will require the applicant to pilot the aircraft and 
demonstrate all the maneuvers and procedures required for the issuance 
of a commercial pilot certificate with a powered-lift category rating, 
for the issuance of an instrument-powered-lift rating, and for the 
issuance of a powered-lift type rating while an authorized instructor 
observes the applicant. During the entire flight, the instructor must 
have (1) an unobstructed visual sight of the controls, (2) an 
unobstructed visual sight of the instrumentation, and (3) the ability 
to engage in active communication with the applicant, pursuant to new 
section 6.(a)(2)(ii). Like the aircraft familiarity flight, the 
demonstration flight may occur over one flight or multiple flights 
under new section 6.(a)(3). Upon successful completion of the 
demonstration flight, the instructor may endorse the applicant to act 
as PIC of the powered-lift in solo flight, subject to any conditions 
and limitations the instructor believes to be warranted.\146\ This 
endorsement will be valid for no more than 90 days \147\ from the day 
the demonstration flight is successfully completed. These endorsement 
requirements will be set forth in new section 6.(a)(4).
---------------------------------------------------------------------------

    \146\ For example, the endorsement could be limited to operation 
in cross-winds no greater than 8 knots. See Advisory Circular 61-
65H.
    \147\ See footnote 139.
---------------------------------------------------------------------------

    If the authorized instructor or instructor pilot finds they cannot 
endorse the applicant for solo flight, the applicant must acquire 
additional training to obtain the necessary solo flight endorsement 
within the 90-day window that begins from the successful completion of 
the check conducted in the FFS, as detailed in the FFS Training section 
above. The training program should have a procedure for determining how 
that additional training will occur (e.g., additional FFS simulator 
training, repeated familiarity flight, repeated demonstration flight, 
etc.) and what items must be retrained.\148\
---------------------------------------------------------------------------

    \148\ This approach is no different from what occurs when a 
flight instructor determines they cannot provide the necessary two-
month endorsement for a practical test. A person may not proceed 
until they obtain the necessary endorsement.
---------------------------------------------------------------------------

Lapse in Endorsement To Act as PIC To Accomplish the Demonstration 
Flight
    If the applicant has not successfully completed the demonstration 
flight within 90 days from the day the FFS check was completed, then 
the applicant must return to the FFS and successfully complete a 
demonstration of proficiency, pursuant to new section 6.(b)(1). This 
demonstration of proficiency will not require all the maneuvers and 
procedures required for the issuance of a commercial pilot certificate 
with a powered-lift category rating, for the issuance of an instrument-
powered-lift rating, and for the issuance of a powered-lift type rating 
to be demonstrated. Instead, under new section 6.(b)(1)(i), the 
approved training program should detail the minimum content of the 
demonstration of proficiency and should include, at a minimum, the 
maneuvers and tasks contained in section 10 of the appendix. The FAA 
already has minimum maneuvers and procedures contained in the 
regulations that must be completed successfully in order for a person 
to be endorsed for solo flight in a powered-lift. The minimum maneuvers 
and procedures contained in paragraph 10 of appendix A are those that 
the FAA has previously found to be necessary in order for the person to 
successfully operate a powered-lift in solo flight. For the training 
conducted under appendix A, this baseline of maneuvers and procedures 
is adequate to ensure applicants are found to be proficient to operate 
a powered-lift in solo flight. An additional mitigation is that the 
applicants utilizing this appendix would be already rated at the 
commercial pilot certificate level in accordance with Sec.  194.217. 
Additionally, the check pilot, TCE, authorized instructor, instructor 
pilot, an FAA ASI, or other person authorized by the FAA to administer 
this check may add any additional maneuvers or tasks they believe 
should be demonstrated by the applicant to ensure the applicant has 
retained the proficiency in the powered-lift to continue to the in-
aircraft segments of the training program. The FAA considers these 
individuals qualified to administer the demonstration of proficiency 
because they have been deemed qualified to conduct the full check 
required by 4.(b) of the appendix. A demonstration of proficiency in 
the FFS is more appropriate than a repeated in-flight demonstration 
flight, to ensure that the trainee is adequately knowledgeable and 
proficient in the operation of the aircraft before continuing to 
conduct solo operations in the aircraft in the NAS. This is especially 
important as the flight instructor does not have the ability to 
intervene should an unsafe condition arise. Additionally, using an FFS 
for the demonstration of proficiency allows an instructor to provide 
additional guidance and training, if necessary, on items the trainee 
may require a refresher on due to the length of time since the original 
check was completed in the FFS (i.e., more than 90 days).
    After the additional demonstration of proficiency, pursuant to new 
section 6.(b)(1)(ii), the applicant will be required to engage in 
another aircraft familiarity flight in accordance with the requirements 
of section 5.(b) of the appendix. Upon successful completion of the 
subsequent aircraft familiarity flight, the applicant may receive 
another endorsement for the applicant to act as PIC to accomplish the 
demonstration flight with an authorized instructor on board under 
section 6.(b)(2). This endorsement will be valid for 90 days from the 
day the demonstration of proficiency conducted in the FFS was 
successfully completed.
Solo Flights
    Upon successful completion of the demonstration flight and after 
obtaining the endorsement to act as PIC of the powered-lift in solo 
flight, the applicant will begin the solo flight segment of the 
training program, as set forth in new section 6.(c) of the appendix. 
Specifically, the FAA finds that requiring the applicant to complete 20 
hours of solo flight in the aircraft will sufficiently ensure the 
applicant gains an equivalent level of proficiency as that under 
traditional flight training, as subsequently discussed. First, the FAA 
notes that under the traditional flight training framework for a 
commercial pilot certificate, an applicant is required to obtain only 
10 hours of solo flight time under Sec.  61.129(e)(4). The FAA finds 
that the solo flight time parameters are equally as vital in this 
alternate framework for experience in solo operations integrating the 
areas of operation listed in Sec.  61.127(b)(5), night VFR conditions, 
and certain takeoffs and landings. However, the FAA recognizes that the 
SFAR provides relief to the cross-country solo requirement of Sec.  
61.129(e)(4)(i). Therefore, under the appendix, the applicant may 
utilize the corresponding alternate provision for the cross-country 
time as set forth in Sec. Sec.  194.217 through 194.231, as applicable.
    The FAA finds that because the applicant will have completed all 
flight training in the FFS rather than receiving exposure to the actual 
flight environment, the applicant will be required to obtain another 10 
hours of solo flight time. The FAA finds that 10 additional hours of 
solo flight time, which must include the maneuvers and

[[Page 92336]]

procedures required for the issuance of the three ratings, is an 
appropriate amount of time to expose the pilot to the realistic 
operating environment (e.g., weather conditions, air traffic, etc.). 
Additionally, because the SFAR reduces the amount of pilot in command 
in a powered-lift time from 50 hours to 35 hours \149\ and permits 15 
hours of those 35 hours to be attained in an FFS,\150\ by the time the 
applicant completes the 20 hours of pilot in command time \151\ in a 
powered-lift, they will meet the eligibility requirements to take the 
practical test.
---------------------------------------------------------------------------

    \149\ Sec.  194.216(a).
    \150\ Sec.  194.216(b).
    \151\ By virtue of being the sole occupant in the powered-lift, 
the applicant would be the pilot in command of the powered-lift in 
flight. Sec.  61.51(e)(1)(ii).
---------------------------------------------------------------------------

    Finally, Sec.  194.233, adopted herein, sets forth alternate means 
to satisfy the cross-country aeronautical experience requirement for a 
commercial pilot certificate with a powered-lift category rating, 
specifically prescribed by Sec.  61.129(e)(3)(ii) and (iii) and 
(e)(4)(i). Section 194.233 replaces the requirements described in Sec.  
61.129(e)(ii) and (iii) and also requires an applicant to conduct an 
additional cross-country because of the reduction of the total 
straight-line distance from 100 nautical miles to 50 nautical miles. 
Although Sec.  194.233(a) requires three cross-countries to be 
conducted as flight training, under appendix A, the FAA is requiring 
the applicant to conduct all cross-country experience listed in Sec.  
194.233 as solo flight in the aircraft. Although these cross-country 
flights will be conducted as solo flights, the applicant will already 
have conducted cross-country flights in the FFS representing the 
powered-lift as required by Sec.  194.235. Therefore, the applicant 
will have demonstrated the ability to conduct a cross-country flight in 
the FFS and will be adequately prepared to conduct a solo cross-country 
in the NAS because of their extensive training in the FFS, and the 
prerequisites set forth by Sec.  194.215. Requiring in-aircraft cross-
country flights in the NAS would ensure the applicant is exposed to 
items that may not be adequately replicated in an FFS environment, such 
as pilotage, dead reckoning, realistic ATC communications, and 
unforecast weather events, thereby ensuring the applicant correlates 
all previous training in a powered-lift.
Lapse in Endorsement for Solo Flights
    The FAA anticipates that applicants will accomplish all the 
required solo tasks and flight hours within the initial 90-day 
endorsement for the applicant to act as PIC of the powered-lift in solo 
flight. However, the FAA recognizes that there may be instances where 
an applicant is unable to complete those tasks and flight hours within 
the initial 90-day endorsement (e.g., prolonged weather activity). The 
FAA identified two distinct scenarios that will require endorsement: 
re-endorsement within the 90-day endorsement window and re-endorsement 
outside the 90-day endorsement window.
    If an applicant identifies that they will be unable to complete 
their solo flights within the 90-day time period, but that period has 
not fully lapsed yet, the applicant will be required, at a minimum, to 
complete a demonstration flight with a check pilot, a TCE, an 
authorized instructor, an instructor pilot, an FAA ASI, or another 
person authorized by the FAA, as set forth in new section 6.(d)(1). 
However, because the 90-day period has not yet lapsed, the applicant 
will not be required to demonstrate all maneuvers and procedures 
required for issuance of a commercial pilot certificate with the 
applicable ratings, as is required of the typical demonstration flight. 
Rather, the abbreviated demonstration flight must include at least the 
maneuvers and tasks set forth in section 10 of the appendix.\152\ 
Additionally, the person administering the demonstration flight may 
require any other maneuvers or procedures necessary to satisfactorily 
ensure the applicant maintains proficiency such that they are qualified 
to act as PIC. When the applicant successfully completes of the 
abbreviated demonstration flight, the person who administered the 
demonstration flight may endorse the applicant again to act as PIC of 
the powered-lift in solo flight for a period not to exceed 90 days.
---------------------------------------------------------------------------

    \152\ The FAA expects that a certificate holder will detail 
these maneuvers and procedures in the appropriate module or lesson 
for their submission when seeking approval of their approved 
training program incorporating this new method of training.
---------------------------------------------------------------------------

    If the 90-day endorsement period has expired, an applicant will 
require a re-endorsement to act as PIC of the powered-lift in solo 
flight. Because more than 90 days will have lapsed since the applicant 
demonstrated proficiency, the FAA finds it is necessary for the 
applicant to demonstrate proficiency again before operating the 
aircraft in solo flight. Therefore, the applicant will be required to 
successfully complete, first, another demonstration of proficiency in 
the FFS and, second, another demonstration flight with a person 
authorized to administer the demonstration flight on board, as set 
forth in new section 6.(d)(2). However, each of these modules may be 
abbreviated since the applicant has already completed a full check in 
the simulator and a full demonstration flight encompassing the 
maneuvers and procedures required for the issuance of the applicable 
rating(s). Using an FFS permits the person authorized to administer the 
demonstration of proficiency to provide training and allows for the 
applicant to regain proficiency, especially if any items are noted for 
which the applicant may lack proficiency. Conducting this demonstration 
of proficiency in the FFS gives the applicant an opportunity to 
practice maneuvers and procedures in an environment where no risk is 
posed to the applicant and the person administering the demonstration 
of proficiency, should the applicant's proficiency lapse and result in 
an unsafe condition without the ability for the instructor to 
intervene. As previously stated, demonstration of proficiency in the 
FFS must include, at a minimum, the maneuvers and tasks contained in 
section 10 of the appendix. Upon successful completion of the 
demonstration of proficiency conducted in the FFS, the person 
administering the demonstration of proficiency may endorse the 
applicant to act as PIC to accomplish the demonstration flight with an 
authorized instructor on board. This endorsement will only be valid for 
90 days from the day the demonstration of proficiency conducted in the 
FFS was successfully completed.\153\ The demonstration flight conducted 
in the aircraft must consist of at least the maneuvers and procedures 
as outlined in section 10 of the appendix because the applicant will 
have already demonstrated base proficiency in the original cycle of 
proficiency demonstration and have experienced a refresher through the 
demonstration of proficiency in an FFS. If the applicant does not 
successfully complete the demonstration flight within 90 days from the 
day the demonstration of proficiency in the FFS was completed, then the 
cycle would start over again with the applicant completing another 
demonstration of proficiency in the FFS. In this specific scenario 
(i.e., an expired solo endorsement) the FAA finds that another aircraft 
familiarity flight should not be a requirement after a demonstration of 
proficiency in the FFS because the applicant would already

[[Page 92337]]

have some operational experience in the aircraft through, first, the 
original aircraft familiarity flight and, second, the original 
demonstration flight where the applicant demonstrated the applicable 
maneuvers and tasks to a person authorized to administer the 
demonstration flight. However, this does not preclude an instructor or 
a training program from requiring another aircraft familiarity flight 
if the training program or instructor determines it necessary in the 
interest of safety. Upon successful completion of the demonstration 
flight, the person who administered the demonstration flight may 
endorse the applicant to act as PIC of the powered-lift in solo flight, 
subject to any conditions and limitations the instructor believes are 
warranted. This endorsement will be valid for no more than 90 days from 
the day the demonstration flight is successfully completed.
---------------------------------------------------------------------------

    \153\ This is similar to the original linear process of 
demonstration of proficiency in the FFS, aircraft familiarity 
flight, and demonstration flight, except the applicant will not be 
required to complete another aircraft familiarity flight and both 
demonstrations may be abbreviated in their content.
---------------------------------------------------------------------------

    For example, an applicant successfully completes the FFS check on 
January 1, 2025, and the applicant then completes the aircraft 
familiarity flight on January 15, 2025. Immediately following the 
aircraft familiarity flight, the applicant receives the endorsement for 
90 days to complete the demonstration flight, which will expire no more 
than 90 days from the date of the FFS check. To reiterate, the reason 
the 90 days begins on the date of the FFS check is because it is the 
date upon which the applicant has last demonstrated proficiency in the 
aircraft, as the applicant is just observing another pilot during the 
aircraft familiarity flight. Therefore, the person has 90 days from 
January 1, 2025, to complete their demonstration flight (i.e., the 
applicant acts as PIC while an authorized instructor observes). After 
the person satisfactorily completes their demonstration flight, the 
applicant will receive another endorsement by the authorized instructor 
to act as PIC on a solo flight even though the pilot is not 
appropriately rated.
    This endorsement starts a new 90-day clock to complete the solo 
flight time requirements. Thus, suppose the applicant successfully 
completes the demonstration flight on February 1, 2025, and receives 
the endorsement to facilitate the solo flights. On April 25, 2025, the 
applicant realizes that completing the solo flights before May 2, 2025, 
(90 days from February 1, 2025) is unattainable. The applicant may 
complete an abbreviated demonstration flight with an authorized 
instructor, to include the maneuvers and tasks set forth by section 10. 
of the appendix because the original 90 days has not expired. The 
applicant will then receive another 90-day endorsement to complete the 
solo flights. Conversely, suppose the applicant does not complete the 
solo flights before May 2, 2025, and realizes such on May 10, 2025. The 
applicant will be required to successfully complete both an abbreviated 
demonstration of proficiency in an FFS, successful completion of which 
will result in a 90-day endorsement for the demonstration flight, and 
after successful completion of an abbreviated demonstration flight, the 
applicant will receive a 90-day endorsement for solo flight.
Practical Test
    After the applicant completes all required training, experience, 
and solo flight under the training program, the applicant will then 
complete the appropriate practical test(s). First, under Sec.  
61.129(e)(3)(iv),\154\ to apply for a commercial pilot certificate with 
a powered-lift category rating, a person must complete three hours of 
training on the areas of operation listed in Sec.  61.127(b) in a 
powered-lift with an authorized instructor in preparation for the 
practical test within the preceding two calendar months from the month 
of the practical test. Under new section 7.(a) of the appendix, a 
person may complete this training in a Level C or higher FFS. The FAA 
notes that it is possible a person could complete the full training 
program in a timeline that would allow the crediting of the FFS 
training in this new section to meet the requirements of both Sec.  
61.129(e)(3)(iv) and section 7.(a). In other words, if the training 
program in section 4 of the appendix is completed within the preceding 
two calendar months, the activity could be counted for purposes of both 
the 20 hours of flight training and the three hours of practical test 
preparation. If the applicant does not have the three hours of training 
in preparation for the practical test within the preceding two calendar 
months from the month of the test, the applicant would be required to 
receive the required number of hours of instruction in an FFS to meet 
that three-hour requirement.
---------------------------------------------------------------------------

    \154\ The FAA notes specific stipulations to part 194 were 
necessary to ensure the requirements in Sec.  61.129(e)(3)(iv) were 
attainable by the groups of pilots under the adoption of this SFAR 
(e.g., instructor pilots, test pilots, FAA test pilots, FAA ASIs, 
and initial cadres of flight instructors). Therefore, the provisions 
in Sec. Sec.  194.217(b)(2), 194.219(b)(2), and 194.221(b)(2) as 
adopted in this final rule provide parameters under which these 
pilot groups receive the necessary flight training toward the 
practical test. As described in section V.D.3.ii. of this preamble, 
the FAA notes all relative flight training requirements in parts 61 
and 194 are still applicable to pilots receiving training under this 
appendix. Therefore, the FAA did not deem it necessary to add 
provisions in paragraph 7 concerning the training in preparation for 
the practical test, because these provisions would already be 
applicable under the sections listed or Sec.  61.129(e)(3)(iv).
---------------------------------------------------------------------------

    Section 61.45(e) permits the use of an aircraft with single 
controls to be used for a practical test if certain provisions are met. 
Specifically, the examiner must agree to conduct the test in the 
aircraft with a single set of controls and the examiner must be in a 
position to observe the proficiency of the applicant. Additionally, 
Sec.  61.45(e)(2) bars a test involving a demonstration of instrument 
skills from being conducted in an aircraft with single controls. 
Although using the single control aircraft to conduct the practical 
test is a theoretically viable option, the demonstration of instrument 
skills (as required by the instrument-powered-lift rating practical 
test and other discrete tasks that will be on the powered-lift category 
and type tests, such as a precision and missed approach) could not be 
accomplished in that aircraft, thus requiring the use of the FFS to 
demonstrate instrument skills, resulting in an SOE limitation, as 
subsequently discussed. When developing the practical test, as is 
typical practice, the examiner must ensure that the practical test 
meets the requirements of Sec.  61.43, thereby encompassing all the 
tasks and maneuvers in the applicable Airman Certification 
Standards.\155\ However, since the practical test consists of tasks 
required for the issuance of the three ratings, if there is a 
duplication of a task, only a single demonstration of that task on the 
practical test is acceptable if the task is performed at the highest 
standard.
---------------------------------------------------------------------------

    \155\ See section XVI.
---------------------------------------------------------------------------

    As previously discussed in this section, when an applicant for a 
certificate or rating uses an FSTD for any portion of the practical 
test and does not meet certain experience requirements set forth in 
Sec.  61.64, the applicant's certificate will be issued with a PIC 
limitation.\156\ Under Sec.  61.64(g), the person may remove the 
limitation when the person performs 25 hours of flight time in the 
aircraft category, class, and type under the direct observation of the 
fully qualified PIC.\157\ However, the FAA finds this

[[Page 92338]]

limitation would not permit a pilot to conduct supervised operating 
experience for a powered-lift with single controls and a single pilot 
station because the PIC limitation would restrict the pilot from 
operating the only set of controls (i.e., acting as PIC). Therefore, to 
mirror the typical part 61 training and testing regime, new section 
7.(b), will require that a person who uses an FSTD for any portion of 
the practical test in accordance with Sec.  61.64(a) after training in 
accordance with the appendix will receive a limitation stating the 
certificate is subject to certain PIC limitations and will be 
restricted from the carriage of persons or property other than 
necessary for the conduct of the flight.\158\ Additionally, the 
carriage of property for compensation or hire is not permitted, but the 
carriage of property under part 91 would be permitted, such as company 
materials. The FAA notes that if a pilot met the experience 
requirements of Sec.  61.64(e), as adopted herein and subsequently 
discussed, the person would not receive the limitation on their 
certificate.\159\
---------------------------------------------------------------------------

    \156\ Section 61.64(f). Section V.E.1. of this preamble 
discusses the amendments adopted in this final rule to Sec.  
61.64(e), where a person would not be required to have a limitation 
on their certificate if the person has 500 hours of flight time in 
the type of powered-lift for which the rating is sought.
    \157\ Section 61.64(g). The pilot must also log each flight and 
the PIC who observed the flight must testify in writing to each 
flight. Additionally, the pilot must obtain the flight time while 
performing the duties of PIC.
    \158\ Because flight time must be under the observation of 
another fully rated pilot, but the fully rated pilot would not be at 
the controls (and, therefore, unable to act as PIC), the FAA cannot 
restrict all persons from being on board the aircraft. The observing 
pilot would be considered as necessary for conduct of the flight.
    \159\ The FAA expects the majority of test pilots and instructor 
pilots to meet Sec.  61.64(e) with the comprehensive flight time 
they will accrue by virtue of the professional duties, which would 
springboard the first cadre of fully rated pilots to observe the 
flight activities in the appendix.
---------------------------------------------------------------------------

    Under new section 7.(c), the limitation may be removed from the 
pilot certificate by meeting the requirements set forth in section 8. 
of the appendix, which prescribes the requirements for supervised 
operating experience for a powered-lift with single controls and a 
single pilot station mirroring that of Sec.  61.64(g).
Supervised Operating Experience for a Powered-Lift With Single Controls 
and Single Pilot Station
    The PIC limitation that the pilot receives under the alternate 
framework of the appendix functions to restrict the carriage of persons 
or property on board the aircraft, other than necessary for the conduct 
of the flight while under the observation of a pilot who holds a 
category and type rating without limitations for that powered-lift. In 
practical terms, this would occur while a pilot who holds a PIC 
limitation is carrying another pilot while conducting supervised 
operating experience. In such scenarios, the pilot with the PIC 
limitation can carry persons or property because it would be necessary 
for the flight's operation (i.e., for obtaining SOE). As previously 
discussed, under Sec.  61.64, a person receives a similar limitation 
under Sec.  61.64(f), and Sec.  61.64(g) provides an avenue to remove 
the PIC limitation by completing certain SOE. This final rule applies 
the same concept in section 8.(a) of the appendix. As discussed, an FFS 
cannot fully replicate the operational experience that the actual 
flight environment provides to a pilot, which requires the pilot to 
operate the powered-lift while simultaneously making decisions, 
communicating with ATC, and interacting with other aircraft. Because 
the pilot will have attained all flight training in the FFS, the FAA 
finds that a certain degree of in-flight experience is necessary before 
the pilot may conduct commercial operations involving the carriage of 
persons or property (e.g., part 135 operations).
    To remove the limitation, under new section 8(a), an applicant 
seeking a powered-lift category rating, instrument-powered-lift rating, 
and powered-lift type rating will be required to perform 10 hours of 
flight time in an aircraft of category and type for which the 
limitation applies under the observation of a pilot who holds a 
category and type rating without limitations for that powered-lift. The 
FAA notes this is a reduction from the requirements of Sec.  
61.64(g)(1), which requires 25 hours of SOE under the direct 
observation of the pilot in command who holds a category, class, and 
type rating, without limitations, for the aircraft. When setting the 
flight time requirement for SOE under this alternative, the FAA 
considered that the applicant will have been previously exposed to 
operating the powered-lift in the NAS while completing the training 
segment requirements through multiple flights atypical to the 
traditional training regime (e.g., aircraft familiarity flight, the 
demonstration flight). Additionally, during the applicant's solo flight 
segments, they will have attained a minimum of 20 hours of PIC while 
conducting maneuvers, procedures, and cross-country flights as the sole 
occupant of the aircraft, rather than the option in Sec.  61.129(e)(4), 
which permits the 10 hours of flight time to occur with an authorized 
instructor on board while performing the duties of PIC.
    To ensure the pilot is proficient in specific key flight regimes 
that were fully trained and tested in the simulator rather than the 
actual flight environment, the FAA finds it necessary to require 
certain elements within the SOE. Specifically, the FAA will require a 
cross-country flight to be conducted during SOE as stipulated in new 
section 8.(b). Although the applicant will have gained an ability to 
conduct IFR procedures in the specific powered-lift type while 
conducting the cross-country requirements of Sec.  194.235 in an FFS, 
the applicant will benefit from the additional experience of 
interacting with ATC that cannot be fully duplicated due to the sterile 
nature of the simulator environment, such as interactions with ATC, 
other aircraft, and the full flight environment, which all can be 
unpredictable. The presence of a fully qualified pilot supervising this 
cross-country flight will facilitate the fully qualified pilot to 
provide feedback or guidance on the PIC's proficiency in cross-country 
elements in the actual flight environment. Therefore, this cross-
country flight will mirror the requirements of Sec.  194.235. This 
cross-country flight must be on an IFR flight plan, consist of a flight 
of 100 nautical miles along airways or by directed routing from an air 
traffic control facility,\160\ consist of an instrument approach at 
each airport, and involve three different kinds of approaches with the 
use of navigation systems.\161\ Since there is only a single set of 
controls and a single pilot station, the applicant cannot conduct any 
portion of this flight with a view limiting device.
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    \160\ As discussed in the NPRM, the FAA considers cross-country 
experience as a foundational set of skills that is necessary for a 
pilot in a powered-lift. At the time of this final rule, the FAA 
evaluated certification project and the ranges that were reported to 
the FAA. The FAA is retaining this experience requirement and notes 
that a powered-lift capable of performing this cross-country flight 
must be used for issuance of an initial category rating.
    \161\ The FAA notes that this cross-country flight may be 
credited to the overall 10 hours of flight time set forth in section 
8.(a) of the appendix and is not a mutually exclusive requirement in 
addition to the 10 hours.
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Deviation for Level C or Higher Full Flight Simulator
    Many commenters discussed the use of novel technology (e.g., 
virtual reality (VR), extended reality (XR), and mixed reality (MR) 
systems) in simulation that could be used as a replacement for in-
aircraft flight training. However, those technological advancements 
have not yet been demonstrated to the FAA to ensure those novel 
technologies provide a level of fidelity equivalent to that which is 
currently applicable for a Level C FFS or higher qualification for any 
aircraft. However, the FAA recognizes that during the ten-year period 
of the SFAR, technological advancements might be developed and 
perfected, thus enabling the use of new technology to replicate the 
level of fidelity required for simulation to effectively replace all

[[Page 92339]]

in-aircraft flight training. Currently, this level of fidelity is only 
attainable in a Level C or higher FFS.\162\ If such technological 
advancements occur, and in order to be proactive and agile, section 9. 
of the appendix will facilitate deviation authority to enable training 
to be conducted in the new technology simulation device. Therefore, to 
authorize a deviation from the simulator qualification requirements in 
section 4. of the appendix, the Administrator must determine that the 
alternative training device is of adequate fidelity to be used as a 
substitution for in-aircraft flight training, and the effectiveness and 
objectives of the training program can be met utilizing the alternative 
training device.
---------------------------------------------------------------------------

    \162\ Level C FFS technical standards are defined in part 60 
under Appendix A (airplanes) and Appendix C (helicopters), See 14 
CFR part 60 Appendices A and C.
---------------------------------------------------------------------------

    The FAA notes the deviation authority is only applicable to the 
level of fidelity necessary to replace flight training in the aircraft 
and, therefore, is only applicable to the FFS training for powered-lift 
with single functioning controls and a single pilot station alternative 
permitted under appendix A. For a deviation, the FAA currently provides 
direction on how to submit a deviation to the Administrator through 
policy in FAA Order 8900.1.\163\ The applicant must submit an 
application in writing and detail the specific regulatory section from 
which a deviation is requested, include the specific reasons for why 
the deviation is requested, demonstrate how an equivalent level of 
safety will be maintained, and any other information requested by the 
FAA based on the rule in which deviation is sought and the complexity 
of the operation to which the deviation would apply. The FAA sees that 
an evaluation of fidelity is critical to ensure the flight training 
environment is adequately replicated because this training device is 
replacing actual experience gained in flight.
---------------------------------------------------------------------------

    \163\ FAA Order 8900.1 Volume 3, Chapter 2, Section 1, paragraph 
3-41.
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iii. Alternate Three: Deviation Authority
    While the FAA finds the two preceding options will facilitate 
opportunities for pilots to obtain powered-lift ratings in powered-lift 
that are not equipped with a full set of dual controls, the FAA 
acknowledges the potential development of technological advancements 
that could further enable flight training in a powered-lift equipped 
with single flight controls and a single pilot station. Specifically, 
these technological advancements may sufficiently facilitate flight 
training for powered-lift ratings but may not fit squarely into the 
frameworks set forth by new Sec.  194.253(a) or (b). Such technological 
alternatives have not yet been demonstrated or validated at a level or 
with sufficient reliability that would be required to replace dual 
controls and two pilot stations in a powered-lift used for flight 
training. As such, permanent changes to the regulations are not 
appropriate at this time. However, given feedback from commenters, the 
FAA recognizes that during the ten-year period of the SFAR, current 
technological advancements could be perfected and integrated into the 
training footprint, including technologies not yet envisioned. To 
encourage innovation and provide a pathway for technological 
advancements that could achieve an equivalent level of safety as the 
purpose of Sec. Sec.  91.109(a) and 61.195(g), the FAA will adopt 
deviation authority as a third alternative to allow for flight training 
in a powered-lift equipped with a single set of fully functioning 
controls to be used for flight training.
    First, this deviation authority will be limited to powered-lift 
equipped with a single set of fully functioning controls in an approved 
training program under part 135, 141, or 142. As previously discussed, 
programs under these parts have a higher level of FAA oversight than 
training that is conducted outside of an FAA-approved training program 
(i.e., through part 61). Additionally, this oversight provides the FAA 
the opportunity to ensure the quality of the training is maintained. It 
also allows the training provider and the FAA to gather data and 
monitor trends after approval of a novel system to be used in lieu of 
dual controls. In turn, this enables quicker detection and more 
responsive actions to correct deficiencies when those novel systems are 
used.
    When the training provider applies for a deviation to utilize a new 
technology or flight training plan to replace dual controls in a 
powered-lift used for flight training, the plan of action must 
incorporate characteristics that provide an equivalent level of safety 
that meets or exceeds the safety margin currently provided by a second 
set of controls in the same or similar powered-lift used for flight 
training. Flight training carries a higher risk compared to many other 
forms of flight operations because the maneuvers being taught may 
require the aircraft to be flown, for example, close to the ground, in 
a high-traffic environment, or at the limits of aircraft performance. 
Compounding these factors, powered-lift is new to flight operations 
outside of the military, and training in powered-lift is currently non-
existent outside of the military. Flight training requires an 
instructor to be actively engaged in how the applicant is operating the 
powered-lift, to see and be aware of the flying environment, including 
other nearby aircraft, weather, terrain, class of airspace, etc., and 
all while providing high-quality instruction. Since, during flight 
instruction, the applicant is not rated or is inexperienced in an 
aircraft the responsibility for making the immediate corrective action 
falls on the person providing the flight instruction.
    Other than the flying skills necessary to make those corrective 
actions, recognition, and ability to make corrective actions are 
required. One important recognition factor to take into consideration 
for a system in lieu of a dual control aircraft, is that the instructor 
has the same visual cues available to them as the person flying the 
aircraft from their pilot station. This includes the field of view 
outside of the aircraft as well as inside the aircraft, to include the 
instrumentation and controls. This provides the instructor with the 
visual cues so they can determine if intervention is required. When 
intervention is required, the instructor must be able to take immediate 
corrective action and full control of the powered-lift to prevent a 
mishap. In addition, to provide effective instruction and timely and 
correct intervention, the FAA and the people using the technology needs 
to consider and understand how the advanced technology works and what 
its limitations are. Therefore, in the preceding example, the 
Administrator would consider the level of field of view the flight 
instructor will have outside the aircraft, as well as the one inside 
aircraft, including instruments and flight controls while conducting 
flight training.
    Another key element the Administrator will consider in granting 
deviation authority includes that the flight training and supervised 
operating experience requirements that can be effectively conducted 
using the system in place of dual controls installed on the aircraft. 
Although the system may provide the instructor or the pilot observing 
SOE with the required visual cues and the ability to take control of 
the powered-lift, effective flight instruction or SOE might not be 
possible, especially when considering all the maneuvers that can be 
required for flight training or any limitations of the system replacing 
the requirement for dual flight controls. Additionally, the instructor 
or pilot observing SOE would need the ability to see outside the 
aircraft what is normally visible from

[[Page 92340]]

the pilot station, thereby enabling them to intervene or provide 
guidance when appropriate. It would logically follow, that if the 
instructor had no way to observe the student's performance or what 
should be visible from a pilot station in the aircraft, they could not 
provide effective training or supervision. Continued effectiveness of 
the training provided under this deviation, and monitoring of such, 
also justifies why this deviation may only be granted to FAA approved 
training programs under part 135, 141, or 142. The additional FAA 
oversight will recognize deficiencies with a training program's system 
and require corrective actions to continue to use the system permitted 
by the deviation.
    Therefore, the FAA adopts in this final rule a third option to 
facilitate the use of technological advancements that would replace the 
requirement for fully functioning dual controls when conducting flight 
training. Under Sec.  194.253(c), the training provider under part 135, 
141, or 142 must demonstrate certain elements, as subsequently 
discussed, in a form and manner acceptable to the Administrator. As 
discussed in section V.D.3.ii. of this preamble, the FAA currently 
provides direction on how an applicant must submit an application for a 
deviation.\164\ During review of the deviation request, the FAA may 
request more information from the applicant to assist the FAA in 
determining if granting the deviation is warranted. Additionally, the 
applicant can provide revised information as necessary to address any 
deficiencies noted by the applicant or the FAA. Upon approval, the FAA 
will issue the certificate holder under part 135, 141, or 142 paragraph 
A005 detailing the deviations approval as is currently done today. 
Additionally, as this technology evolves or the need for deviation 
further emerges, the FAA will update guidance as necessary.
---------------------------------------------------------------------------

    \164\ See FAA Order 8900.1 Volume 3, Chapter 2, Section 1, 
paragraph 3-41, which details that the request must be in writing, 
with the specific regulatory section from which a deviation is 
requested detailed, and include: the specific reasons for why the 
deviation is requested, how an equivalent level of safety will be 
maintained, and any other information requested by the FAA based on 
the rule in which deviation is sought and the complexity of the 
operation to which the deviation would apply.
---------------------------------------------------------------------------

    The first provision of Sec.  194.253(c) allows for a deviation to 
be made to Sec. Sec.  91.109 and 61.195 that considers the ratings held 
by the pilot and the certificate holder's approval of a course of 
training that incorporates factors that would provide for an equivalent 
level of safety and afford for an instructor to immediately take 
control of the aircraft and recover from an unsafe condition. 
Therefore, Sec.  194.253(c)(1) will require the certificate holder to 
demonstrate in a form and manner acceptable to the Administrator that 
the person providing flight training and the PIC observing any 
applicable SOE can take immediate corrective action and full control of 
the powered-lift and that the flight training and any applicable SOE 
can be effectively conducted in the powered-lift. Additionally, under 
Sec.  194.253(c)(2), the alternate flight training and applicable SOE 
may not adversely affect safety. This demonstration could be done 
through a flight training versus solo complement, or even the 
development of a certificated system that would provide for an 
instructor to take control of the aircraft remotely. The FAA will not 
set strict parameters around this operational capability to allow for 
innovation that meets the safety intent of the existing sections 
requiring dual pilot stations with dual controls for flight training or 
SOE. The FAA notes that this provision is only applicable to operators 
of a powered-lift and only for the purposes of an initial cadre of 
pilots. The strict approvals provided by parts 135, 141, and 142 would 
act as a safety mechanism by providing oversight to supplement the 
equivalent level of safety determination. Specifically, the deviation 
will be approved through the use of the operator's operations 
specifications issued by the FAA.
    Under Sec.  194.253(c)(3), the Administrator may cancel or amend a 
letter of deviation authority at any time the Administrator determines 
that the requirements of section 9 of appendix A are not met, or if 
such action is necessary in the interest of safety. Given the novel 
approach underpinning a deviation, it is especially important for the 
FAA to be able to require changes or rescind deviations upon a 
determination that the new approach results in safety concerns. In the 
case of a rescission, training in a powered-lift with single controls 
will need to proceed under another available regulatory avenue.

E. Supervised Operating Experience of Sec.  61.64

1. Amendment to Sec.  61.64(e)
    Section 61.64 addresses the use and limitations of FFSs and FTDs 
for training or any portion of a practical test for certificates and 
ratings, including aircraft type ratings. Specifically, under Sec.  
61.64, an applicant for an aircraft type rating may accomplish the 
entire practical test (except for the preflight inspection) in a Level 
C or higher FFS. To ensure the applicant has sufficient experience 
operating the aircraft prior to serving as PIC, an applicant must 
satisfy certain aeronautical experience requirements set forth in Sec.  
61.64(b) through (e), as appropriate to the type rating sought. If the 
applicant meets one of the aeronautical experience requirements, then 
the applicant receives a type rating without limitation. If an 
applicant does not meet one of these requirements, the applicant 
receives a PIC limitation on their certificate in accordance with Sec.  
61.64(f)(2).\165\ The limitation may be removed from the certificate 
upon completion of the SOE requirement set forth in Sec.  61.64(g): 25 
hours of flight time while performing the duties of PIC in an aircraft 
of the category, class, and type for which the limitation applies under 
the direct observation of a qualified PIC who holds the appropriate 
ratings, without limitations, for the aircraft.
---------------------------------------------------------------------------

    \165\ An applicant would not receive the limitation if the 
completed tasks of preflight inspection, normal takeoff, normal 
instrument landing system approach, missed approach, and normal 
landing on the practical test in an aircraft appropriate to the 
category, class, and type for the rating sought, pursuant to Sec.  
61.64(f)(1).
---------------------------------------------------------------------------

    As discussed in the NPRM,\166\ the FAA evaluated whether the 
requirements in Sec.  61.64 would adequately implement the operation of 
powered-lift into the NAS. As it pertains to powered-lift, an applicant 
may accomplish the entire practical test for a powered-lift type rating 
in a Level C or higher FFS and obtain the powered-lift type rating 
without a PIC limitation on their pilot certificate if the applicant 
satisfies one of the experience requirements set forth in Sec.  
61.64(e). These options include: (1) hold a type rating in a powered-
lift without an SOE limitation; (2) have been appointed by the U.S. 
Armed Forces as PIC of a powered-lift; (3) have 500 hours of flight 
time in the type of powered-lift for which the rating is sought; or (4) 
have 1,000 hours of flight time in two different types of powered-lift. 
Upon comparing the experience requirements for powered-lift type rating 
applicants in Sec.  61.64(e) to those experience requirements for 
airplane and helicopter type rating applicants in Sec.  61.64(b), (c), 
and (d), the FAA determined during the development of the NPRM that the 
category-specific experience requirements for powered-lift type ratings 
in Sec.  61.64(e)(1), (2), and (4) do not achieve the same objective as 
the class-specific experience requirements for airplane and helicopter 
type ratings in Sec.  61.64(b)(1) through (3); (c)(1)

[[Page 92341]]

through (3); and (d)(1), (2), and (4). Therefore, the FAA proposed the 
removal of Sec.  61.63(e)(1), (2), and (4).
---------------------------------------------------------------------------

    \166\ 88 FR 38946 at 38962 (June 14, 2023).
---------------------------------------------------------------------------

    However, the FAA proposed to retain Sec.  61.64(e)(3), 500 hours of 
flight time in the type of powered-lift for which the rating is 
sought,\167\ consolidated into Sec.  61.64(e) and adopts the provision 
as proposed.\168\ Powered-lift type rating applicants who do not use a 
powered-lift during the practical test and do not satisfy proposed 
Sec.  61.64(e) (current Sec.  61.64(e)(3)) will be required to 
accomplish SOE in the type of powered-lift for which they obtain a type 
rating, pursuant to Sec.  61.64(g). Pursuant to Sec.  61.64(g)(2), the 
SOE must be under the direct observation of the PIC who holds the 
category, class,\169\ and type ratings, without limitations, for that 
aircraft (as it applies to a powered-lift, a powered-lift category 
rating and a type rating). The alternate pathways adopted by this final 
rule will enable persons to obtain powered-lift ratings without a 
limitation on their commercial pilot certificates by training and 
testing in a powered-lift, therefore creating the initial cadre of 
qualified PICs to directly observe SOE.
---------------------------------------------------------------------------

    \167\ While the FAA acknowledges that there are currently no 
type-certificated powered-lift, developmental and certification 
flight tests, which are conducted in accordance with an experimental 
certificate to the aircraft and authorization to the manufacturer's 
test pilots, could be credited toward the pilot's 500 hours of 
flight time in the type of powered-lift for which a rating is 
sought.
    \168\ The FAA also proposed to make a conforming amendment to 
Sec.  61.64(f) technical in nature that would replace the cross 
reference to Sec.  61.64(e)(1) through (4) to only referencing 
paragraph (e).
    \169\ As discussed in section V.D.3.ii. of this preamble, this 
final rule adopts certain miscellaneous amendments to make clear 
that regulatory references to class throughout part 61 are only 
appropriate if the regulations require classes for that category of 
aircraft. These miscellaneous amendments include Sec.  61.64(g)(1).
---------------------------------------------------------------------------

    As previously stated, because the applicant would have a limitation 
on their pilot certificate that prohibits the applicant from serving as 
PIC in an aircraft of that type, the applicant is not acting as PIC of 
the aircraft during the SOE. Rather, the qualified PIC is observing the 
applicant performing the duties of PIC and is the only person who is 
directly responsible for and final authority as to the operation of the 
aircraft.\170\ Therefore, while SOE is not considered flight training 
so as to require dual controls by Sec.  91.109(a), the supervising PIC 
must have access to controls in the aircraft to fulfill their 
responsibility to maintain direct responsibility for the operation and 
safety of the flight. The FAA explained in the NPRM that each powered-
lift would be required to have a version of the aircraft that contains 
fully functioning dual controls, consistent with those expectations for 
flight training in airplanes and helicopters that require a type 
rating. Additionally, the FAA acknowledged a movement toward Simplified 
Vehicle Operations (SVO) whereby automation coupled with human factors 
best practices may reduce the quantity of skill and knowledge training 
that a pilot must acquire \171\ as an alternate way to perform SOE in a 
powered-lift with single controls and a single pilot station.
---------------------------------------------------------------------------

    \170\ Section 91.3(a). See also 14 CFR 1.1, which provides the 
PIC has final authority and responsibility for the operation and 
safety of the flight.
    \171\ GAMA, A Rationale Construct for Simplified Vehicle 
Operations (SVO), (May 20, 2019).
---------------------------------------------------------------------------

2. Alternate Requirement for Powered-Lift Without Fully Functioning 
Dual Controls Used in Supervised Operating Experience When Adding a 
Type Rating
    The FAA continues to lack sufficient operational data to analyze 
and implement the use of the SVO technology that was noted in the NPRM. 
Without this information, it is not possible to codify permanent relief 
enabling SOE on an aircraft without dual functioning controls. However, 
as previously discussed, the FAA invited public comment specifically 
pertaining to how an applicant would meet the SOE requirements with a 
single set of flight controls in a powered-lift. ALPA generally agreed 
with the provisions of the proposal that rely on the use of an FFS 
\172\ and that the pilot would receive a limitation on the grounds that 
SOE would ensure the pilot has adequate experience and competence 
operating the powered-lift in the actual flight environment.
---------------------------------------------------------------------------

    \172\ ALPA also supported the use of the highest fidelity 
devices (e.g., an FFS with six degrees of motion) to ensure the 
appropriate level of aerodynamic modeling. This preamble discusses 
the FAA's FTSD position(s) in section IV.C of this preamble.
---------------------------------------------------------------------------

    GAMA, NBAA, CAE, Eve, Joby, and L3Harris provided comments 
specifically pertaining to this question. Generally, commenters 
reasoned that SOE should only apply to newly rated PICs to ensure they 
are acclimated with performing PIC duties, not necessarily PICs who've 
already obtained PIC experience through the SFAR prerequisite ratings. 
GAMA, Joby,\173\ and Eve asserted that SOE is not mandatory for 
obtaining a type rating, even when the aircraft is equipped with a 
single set of controls. Specifically, commenters stated that SOE is not 
required when the five checking points of Sec.  61.64(f)(1) can be 
assessed in aircraft with single controls at the examiner's discretion 
under Sec.  61.45(e). Archer expressed the lack of need for SOE, 
stating that the FAA's purpose of SOE to ensure applicants have 
sufficient experience operating the powered-lift for which the type 
rating is sought in the actual flight environment prior to acting as 
PIC of the aircraft for the first time in the NAS is met through the 
``other requirements'' \174\ the FAA is levying on pilots seeking a 
category and type rating.
---------------------------------------------------------------------------

    \173\ Joby additionally recommended to remove the instrument 
requirements in the five checking points to be conducted in the 
aircraft. The FAA does not agree with Joby recommendation as this 
fundamental testing element minimally ensures a pilot can operate an 
aircraft in IFR conditions if necessary. As further discussed in 
section V.A. of this preamble, a pilot operating a powered-lift 
could be subject to inadvertent IMC, where a pilot must hold the 
requisite skills to operate an aircraft in IMC conditions.
    \174\ The FAA quotes Archer's phrasing here as the FAA is unsure 
what other requirements the FAA proposed to impose outside of the 
traditional airman certification framework that Archer intends to 
refer to. While the FAA proposed alternate requirements, the FAA 
finds these requirements are relieving rather than additional.
---------------------------------------------------------------------------

    The FAA notes that the five checking points of Sec.  61.64(f)(1) 
that commenters refer to are: (1) preflight inspection, (2) normal 
takeoff, (3) normal instrument landing system approach, (4) missed 
approach, and (5) normal landing. The FAA agrees with the commenters 
that SOE is not required if the applicant completes these five checking 
points in the aircraft because the person's certificate would not be 
issued with a limitation. However, if the entirety of the practical 
test is completed in the FSTD or if the applicant completes one of the 
checking points in the FSTD, it follows that the certificate would 
receive a PIC limitation pursuant to Sec.  61.64(f)(2), unless the 
person meets one of the experience requirements set forth by Sec.  
61.64(b) through (e), as applicable. In that scenario, the PIC 
limitation may be removed by completing SOE pursuant to Sec.  61.64(g).
    Additionally, the FAA agrees with Archer that the purpose of SOE is 
to ensure applicants have sufficient experience in the aircraft in the 
NAS and actual operating environment that the PIC would operate within. 
However, the FAA does not agree that SOE is entirely unnecessary on the 
basis of ``other requirements'' that the FAA proposed in the NPRM or 
that SOE should only apply to initial PICs in the NAS. When SOE is 
required, the FAA does not give latitude based on the pilot's 
experience in other categories of aircraft. Therefore, the FAA is not 
requiring anything more than is already required for a pilot when 
adding a different category or type to their existing certificate. If 
Archer refers to the prerequisites proposed in

[[Page 92342]]

Sec.  194.215(a) (i.e., a commercial pilot certificate with at least an 
airplane category and single- or multiengine class rating or a 
rotorcraft category and helicopter class rating, and the corresponding 
instrument rating), the FAA finds that this would not ensure that a 
pilot possesses sufficient operating experience in the actual flight 
environment specific to the powered-lift. As discussed in section V.G.1 
of this preamble, pilot proficiency does not exactly translate from 
category to category. While the pilot may have a plethora of PIC 
experience in the NAS in an airplane or helicopter, training and 
testing in a simulated environment necessitates operating experience 
specific to the powered-lift itself.
    Several commenters suggested alternatives to SOE. GAMA stated that 
the FAA does not need to grant a blanket authorization for SOE in 
single control aircraft. Rather, GAMA suggested two alternatives to 
ensure an equivalent level of safety and oversight. First, GAMA 
suggested amending the SOE regulations to include an alternate 
operation ``as authorized by the Administrator'' through a letter of 
authorization (LOA). Second, GAMA suggested the FAA make a 
determination during the FSB process as to whether the manufacturer 
demonstrates operational suitability and reduced pilot skill and 
knowledge required for safe operation such that pilots may be exempt 
from SOE or be authorized to conduct SOE virtually. Similarly, other 
commenters, such as L3Harris and Eve, suggested leveraging the FSB 
process to determine if a combination of SOE in an FSTD and scenario-
based training (SBT), exposing the pilot to in-flight situations (i.e., 
situational awareness, workload management, communication, decision 
making) in lieu of SOE would meet an equivalent level of safety. 
Further, NBAA recommended utilizing the FSB process for a determination 
as to whether supervised line flying (SLF), as defined in AC 120-
53,\175\ could be used as a post-qualification in lieu of SOE. Eve 
suggested utilizing line operational simulations, line-oriented flight 
training (LOFT), special purpose operational training (SPOT), and line 
operational evaluations (LOE) to comply with operating experience 
requirements in single pilot operations.
---------------------------------------------------------------------------

    \175\ Supervised line flying is defined under AC120-53 as 
amended, is associated with the introduction of equipment or 
procedures requiring post-qualification skill enhancement during 
which a pilot occupies a specific pilot position and performs 
particular assigned duties for that pilot position under the 
supervision of a qualified company check airman.
---------------------------------------------------------------------------

    The FAA finds the use of limitations and a broad overarching 
``determination'' would be arbitrary thereby not providing uniform 
expectations of manufacturers regarding the required pilot skill and 
knowledge for safe operation of an aircraft. The FAA would also not be 
able to broadly apply this relief to the manufacturer since the relief 
itself would be applicable to an individual pilot who has trained and 
tested entirely in the simulator. Further, the FAA does not agree with 
the feasibility of utilizing the FSB process to determine if SOE would 
not be required or reduced for a pilot operating a specific powered-
lift. The FAA does not currently permit the FSB process to determine 
under what conditions SOE is required or could be reduced; a change of 
this nature would be a global change affecting all aircraft, which is 
out of the scope of this rulemaking, especially without any data or 
rationale to support safety considerations.
    The FAA does not agree with L3Harris and EVE's suggestions to 
combine SOE with aircraft and FSTD experience. As discussed previously 
in this section, the FAA maintains its position that SOE is only valid 
when conducted in an aircraft due to the unique characteristics in the 
actual operating environment that the FFS inherently cannot replicate.
    The FAA also disagrees with NBAA and other commenters that suggest 
SLF is an adequate replacement to SOE. Powered-lift are coming to the 
civilian market for the first time and the only pilots with powered-
lift experience in the NAS are military pilots and test pilots. 
Therefore, while applicants for a powered-lift type rating may 
accomplish their training and testing in FFS under an approved training 
program, the FAA has determined that applicants must have sufficient 
experience operating the powered-lift for which a type rating is sought 
as is the case for other categories of aircraft. As discussed further 
in section V.E.2 of this preamble, the FAA sees that the contents of AC 
120-53 in regard to supervised line flying would not be applicable in 
this scenario especially in a standalone context with reference to 
Sec.  61.64. Section 61.64 is applicable to every pilot receiving a 
rating, while supervised line flying is only a consideration when 
talking in terms of an air carrier's approval of a training program. 
Powered-lift could benefit from supervised line flying if such is 
deemed necessary through an FSB but utilizing those standalone part 61 
requirements would not be appropriate. Initially, the SFAR enables 
certificate holders certain flexibility when considering receiving a 
pilot certificate under part 61 through training conducted under parts 
135, 141, and 142.
    However, in consideration of commenters' general positions and this 
final rule's facilitation of flight training in powered-lift with a 
single set of controls and single pilot seat, the FAA finds that it is 
appropriate to extend certain relief in the context of SOE as well. 
Pilots who already possess a powered-lift category and instrument 
rating and are only adding a powered-lift type rating to their 
certificate would be able to utilize regulatory pathways already 
provided in part 61 for training and testing in an FSTD. Specifically, 
as is currently applicable to airplanes and helicopters requiring the 
applicant to hold a type rating, even if those aircraft were equipped 
with a single functioning flight control and single pilot station, the 
type rating could be wholly accomplishable in a Level C FFS or higher 
per Sec.  61.63(d) and Sec.  61.64. However, after accomplishing the 
practical test for a type rating entirely in the simulator, the person 
would receive a limitation on their certificate with PIC restrictions, 
but the pilot observing the SOE would need to be onboard the aircraft 
from an observing position. Therefore, the FAA adopts new Sec.  
194.255, which will contain the alternate requirements for powered-lift 
without fully functioning dual controls used in supervised operating 
experience when adding a type rating.
    New Sec.  194.255 largely mirrors current Sec.  61.64(f) and (g), 
with minor revisions to account for the inherent limitations of a 
single controls and single pilot station aircraft. Notwithstanding the 
limitation prescribed in Sec.  61.64(f), a person who does not meet the 
requirements of Sec.  61.64(e) \176\ will receive a limitation on the 
certificate restricting the person from operating the powered-lift type 
from carrying any person or property on the aircraft, other than 
necessary for the purpose of the narrowly tailored parameters of SOE 
(see Sec.  194.255(a)). New Sec.  194.255(b) sets forth the removal 
requirements, which mirror Sec.  61.64(g). Finally, under new Sec.  
194.255(c), the observing pilot will be required to have unobstructed 
visual sight of the controls and instrumentation.
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    \176\ In other words, a person who has 500 hours of flight time 
in the specific type of powered-lift would not receive a limitation 
on their certificate warranting SOE.

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[[Page 92343]]

F. Establishment of an Alternate Pathway for Pilot Certification

    The introduction of powered-lift as a new category of civil 
aircraft creates unique challenges for the training and certification 
of airmen. The traditional framework for a pilot follows an incremental 
path to build piloting skills through an iterative series of training 
activities with a flight instructor, accumulation of other flight 
experience, and successful completion of a practical test with an 
evaluator (i.e., student pilot to private pilot to commercial pilot to 
ATP for part 121 and certain part 135 operations). Under this building 
block approach, a pilot must meet minimum aeronautical experience 
requirements at each certificate level which include total time and 
subsets of flight time like pilot-in-command time, night time, and 
cross-country time. In many instances, a portion of this time must be 
accomplished in the aircraft for the category rating sought.
    However, as discussed in the NPRM, two predominant barriers exist 
in the introduction of powered-lift into civil operations.\177\ First, 
the FAA does not anticipate that the initial powered-lift that obtain 
type certification will be broadly available for basic airman training 
and certification at the private pilot level. Rather, manufacturers 
intend to produce powered-lift for commercial purposes, meaning the 
initial pilots will be required to hold at least a commercial pilot 
certificate to act as required flightcrew members (i.e., PIC or SIC) 
for compensation or hire. This situation disrupts the building block 
approach to flight training and certification which is customary for 
other categories of aircraft. Second, because there are no civil 
powered-lift, a person would have difficulty obtaining flight training 
due to the low numbers of qualified flight instructors who constitute a 
key foundation of the civil airman certification framework \178\ and 
would not have the necessary flight time in a powered-lift to be 
eligible for a rating at the commercial pilot level.
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    \177\ 88 FR 38946 at 38965 (June 14, 2023).
    \178\ The FAA recognizes that the only pilots and flight 
instructors with powered-lift ratings are those obtained through the 
military competency provisions of Sec.  61.73. While there are 
approximately 905 powered-lift pilots and 447 powered-lift flight 
instructors (as of January 2024) through this process to form an 
initial cadre, these numbers are likely insufficient to meet 
forthcoming demands.
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    To address these barriers without adversely affecting safety, the 
FAA proposed subpart B of part 194 to establish alternate pathways for 
pilots to obtain powered-lift ratings through alternate aeronautical 
experience requirements and expanded logging provisions, while 
maintaining the general building block framework prescribed by part 61. 
Many commenters supported the FAA's general intention to create an 
alternate framework for powered-lift pilots in light of the 
aforementioned barriers to certification (i.e., current lack of 
powered-lift in civilian operations and lack of powered-lift flight 
instructors). Specifically, several powered-lift manufacturers agreed 
that the part 61 framework is inadequate as applied to the integration 
of powered-lift in the NAS and expressed support for the concept of an 
alternate framework. Airlines for America agreed with the FAA's 
framework in encompassing the current building-block approach while 
also redefining the aeronautical experience requirements for powered-
lift.
Alternate Approaches: Cycle-Based and Competency-Based
    Commenters recommended different approaches to certificating 
powered-lift pilots and flight instructors than that proposed by the 
NPRM, which leveraged the building block approach with alternate 
requirements where necessary. One commenter expressed that the FAA's 
proposed alternate approach may be feasible as the industry matures, 
but that it is infeasible for initial powered-lift operations. 
Suggested alternatives included a competency-based approach and a 
cycle-based approach.
    Archer proposed a cycle-based approach in lieu of part 61 
certification, specifically in context of the alternate experience 
framework in general and cross-country alternate requirements, stating 
that the traditional hours-based training and experience does not 
account for the unique characteristics of powered-lift. Archer stated 
that the length of training requirements is impossible to achieve in 
some powered-lift, specifically providing the example of powered-lift 
exceeding helicopter minimum training times. Archer urged the FAA to 
contemplate a cycle-based approach to pilot training utilizing 
Sec. Sec.  121.434 and 61.159(b) as a guide and recommended amending 
Sec.  61.129(e)(2)(iii) to permit powered-lift pilots to substitute 10 
operating cycles \179\ for 10 hours of cross-country time.\180\
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    \179\ 14 CFR 121.431(b) defines an operating cycle as a complete 
flight segment consisting of a takeoff, climb, enroute portion, 
descent, and a landing.
    \180\ This preamble addresses Archer's comments pertaining to 
FSTD credit and cross-country time in sections V.D.2. and V.F.ii. of 
this preamble, respectively.
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    SAE International suggested developing pilot training criteria in 
accordance with ICAO Annex 1 focusing on a competence-based, 
performance-based approach to pilot training and certification, much 
like EASA member states do. The commenter believed a more competence-
based approach will mitigate risk and provide well trained and 
qualified pilots and instructors without being prescriptive (hours 
based).
    Similarly, Lilium proposed a competency-based approach to powered-
lift certification rather than an hour requirement under the premise 
that some powered-lift will have limited endurance and range. Lilium 
stated that requiring in-flight hours will lead to an excessive number 
of ``sorties,'' \181\ ultimately escalating training costs without 
improving safety. Instead, Lilium recommended a framework where a pilot 
demonstrates specific skills relevant to the operation of a particular 
powered-lift established by the FSB because applicants will already be 
trained and qualified as commercial pilots (with an instrument rating). 
Lilium emphasized flying experience already held by a pilot against the 
powered-lift type rating specifics and the operational characteristics 
of powered-lift (e.g., short duration flights with an emphasis on 
landings and takeoffs) whereby certification should be tailored to the 
representative conditions and maneuvers. GAMA echoed Archer and 
Lilium's recommendation, stating that because the SFAR applies to 
already-qualified commercial pilots with significant experience, the 
elevated prerequisites justify a competency and training-oriented 
curriculum rather than an hours-based approach. AWPC urged the FAA to 
consider flight hours required in a powered-lift that focus only on 
achieving the minimums required by Sec. Sec.  61.65(f), 61.129(e)(3), 
and 61.129(e)(4), which are training oriented requirements instead of a 
prescriptive time building metric. AWPC also urged the FAA to leverage 
a training and through a competency-based approach in combination with 
passing a practical test to ATP certificate standards. Finally, SAE 
International supported a competency approach to training and 
certification.
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    \181\ A sortie is a military aviation term typically used to 
describe the combat mission of a singular military aircraft. The FAA 
notes that there is no equivalent term in FAA regulations but 
understands the term in this situational context to refer to 
``training flights.''
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    The FAA declines to adopt a cycle-based approach or competency-

[[Page 92344]]

approach in this final rule for the following reasons.
    By referring to a cycle-based framework, the FAA understands 
commenters as meaning that operational cycles, as used in part 121, 
should be the model in which the FAA dictates experience requirements 
for applicants seeking a pilot certificate with powered-lift ratings. 
Section 121.431 provides the only FAA definition of ``operating 
cycle,'' which is specifically earmarked for the purpose of subpart O 
of part 121 (Crewmember Qualifications). Specifically, Sec.  121.431(b) 
defines an operating cycle as a complete flight segment consisting of a 
takeoff, climb, enroute portion, descent, and a landing. Within part 
121, the cycle-based approach is not used in the context of flight 
training, but rather it refers to activity after a part 121 pilot 
completes an air carrier training program and is designed to 
consolidate what the pilot has learned in training. Part 121 flightcrew 
members utilizing these provisions are certificated pilots in 
accordance with part 61, which means they have obtained significant 
operating experience in the category, class, and type, where 
appropriate, of aircraft to achieve initial certification. At such 
time, the pilot already holds the category and type rating necessary to 
operate the aircraft and the pilot has already met the cross-country 
requirements in category and demonstrated proficiency in operating the 
aircraft to receive a type rating. Additionally, this substitution of 
hours with operating cycles occurs while under supervision of a check 
pilot, for the purpose of this experience of an air carrier's overall 
compliance with part 121, not for initial category and type 
certification.
    In sum, the purposes of Sec.  121.434 and the use of operating 
cycles (i.e., preparing a pilot specifically for part 121 operations) 
are vastly different from the traditional certification framework and 
corresponding alternate experience requirements for powered-lift. 
Because the FAA only has experience and operational data of operating 
cycles in an unparalleled training scenario (i.e., in the context of 
additional training after the foundational certificates and ratings are 
obtained), and commenters did not provide any supporting data to 
justify a pivotal airman certification transition, the FAA does not 
find that the use of operating cycles to obtain a powered-lift category 
rating provides an equivalent level of experience to ensure 
foundational proficiency when obtaining an initial powered-lift 
category rating.
    Archer also urged the FAA to adopt a model like that set forth by 
Sec.  61.159(b) that would permit a pilot to substitute cycles of a 
takeoff and landing to a full stop for one hour of flight time to 
satisfy certain aeronautical experience requirements.\182\ The FAA 
finds that the substitution in Sec.  61.159(b) is not feasible to 
implement into a model for powered-lift certification at this time. The 
FAA proposed the substitution of 20 night takeoffs and landings as 
currently set forth by Sec.  61.159(b) in 1968, which was later adopted 
in 1969.\183\ The proposed rule \184\ explained that the aeronautical 
experience for an ATP certificate required at least 100 hours of night 
flight time with no minimum number of landings. Additionally, when 
flight times were first developed in the regulations, airplanes had to 
stop more frequently for fuel and, therefore, logged more takeoffs and 
landings in the 100-hour time frame.
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    \182\ Specifically, Sec.  61.159(b) permits a person who has 
performed at least 20 night takeoffs and landings to a full stop to 
substitute each additional night takeoff and landing to a full stop 
for 1 hour of night flight time to satisfy the 100 hours 
requirements of night flight time in Sec.  61.159(a)(2). However, 
not more than 25 hours of night flight time may be credited in such 
manner.
    \183\ Airplane Transport Pilot Certificate with Airplane Rating 
final rule, 34 FR 17162 (Oct. 22, 1969). This provision was 
originally adopted in Sec.  61.145(b), later redesignated as Sec.  
61.155(b) in 1973 (38 FR 3156). The 1997 final rule relocated Sec.  
61.155(b) to present-day Sec.  61.159(b) (62 FR 16220, Apr. 4, 
1997).
    \184\ Airplane Transport Pilot Certificate with Airplane Rating 
NPRM, 33 FR 12782 (Sept. 10, 1968).
---------------------------------------------------------------------------

    However, the FAA noted that because of technological advancements, 
airplanes made fewer fuel stops and, therefore, accomplished many fewer 
landings within the ATP night flight time experience of 100 required 
hours. Therefore, to account for this discrepancy, as well as to ensure 
proficiency in operations involving a reduction in a pilot's vision, 
associated darkness, and available lighting, the FAA adopted the 
substitution in Sec.  61.159(b) to incentivize an applicant for an ATP 
certificate to complete these critical flight operations to proficiency 
without instituting a required minimum in the regulations. However, 
this time is limited to 25 hours of the 100 hours of required night 
flight time experience; therefore, requiring pilots to still attain at 
least 75 hours of night flight time.
    Comparably, the FAA notes that the cross-country flight time 
required for a powered-lift pilot certificate is ten hours, and vastly 
less than the 100 hours of night flight time the commenter's comparison 
is based upon. As discussed in section V.A. of this preamble, one 
critical point of pilot proficiency in the powered-lift category is the 
transition period from vertical take-off to horizontal flight and back 
to vertical landing. Should the FAA contemplate a takeoff and landing 
cycle mirroring Sec.  61.159(b), the transition period into vertical 
flight would be a critical element to include in the scope of that 
cycle, which would be the equivalent of a cross-country flight. The 
situations a pilot encounters during the terminal and enroute portions 
of a cross-country flight constitute valid experiences to increase a 
pilot's opportunity to use dead reckoning and pilotage over the entire 
route, not only the takeoff or landing portion of the flight. The FAA 
further discusses endurance challenges in cross-country requirements in 
section V.F.4.ii. of this preamble.
    Additionally, the FAA notes this substitution's applicability to 
those applicants seeking an ATP certificate is different from the 
minimum certificate level held by the target cadre of pilots this SFAR 
is directed toward. An applicant for an ATP certificate with an 
airplane category rating must hold a commercial pilot certificate with 
an instrument rating issued under part 61,\185\ inherently including a 
prerequisite level of experience in the airplane category. In the 
absence of data presented to support a cycle-based substitution, the 
FAA finds that implementation of a cycle-based framework at the 
foundational entry-level of pilot certification for powered-lift may 
introduce a reduction in pilot proficiency in comparison to the 
traditional pathways of airman certification.
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    \185\ Section 61.153(d)(1). In lieu of a commercial pilot 
certificate with an instrument rating issued under part 61, an ATP 
applicant may meet the military experience requirements under Sec.  
61.73 to qualify for a commercial pilot certificate and an 
instrument rating (Sec.  61.153(d)(2)) or may hold certain foreign 
ATP licenses with instrument privileges or a foreign commercial 
pilot license (Sec.  61.153(d)(3)).
---------------------------------------------------------------------------

    Similarly, at this time, the FAA does not find it appropriate to 
implement a novel approach to initial category ratings through 
competency-based training. As defined by ICAO, competency-based 
training is training and assessment characterized by a performance 
orientation, emphasis on standards of performance, and their 
measurement and the development of training to the specified 
performance standard.\186\ Traditionally, a competency-based training 
framework is free of defined schedules and hour requirements. While 
operators under parts 121 and 135 regularly utilize

[[Page 92345]]

competency-based training (and cycle-based framework) to facilitate 
additional and specific experience for more complex operations, the FAA 
does not utilize competency-based training as a pathway to airman 
certification in part 61 (neither foundational initial certification 
nor added ratings).
---------------------------------------------------------------------------

    \186\ ICAO Doc. 9868, Procedures for Air Navigation Services, 
Training, 3d Edition (2020).
---------------------------------------------------------------------------

    Under the traditional airman certification process under part 61 
(and part 141), a pilot must meet minimum aeronautical experience 
requirements at each certificate level that include total time 
requirements (e.g., 250 total hours to be eligible for a commercial 
pilot certificate) and subsets of flight time like pilot-in-command 
time, nighttime, and cross-country time. While these requirements are 
characterized by time components, this framework ensures that flight 
training envelops smaller blocks of flight training (e.g., instrument 
training in a powered-lift under Sec.  61.129(e)(3)(i)) or flight time 
(e.g., 10 hours of cross-country flight time in a powered-lift under 
Sec.  61.129(e)(2)(ii)) that, together, constitute the total objective 
of minimum aeronautical experience for a category rating on a 
certificate (e.g., 250 hours of flight time for a commercial pilot 
certificate with a powered-lift category rating). Additionally, these 
subsets are tethered to flight proficiency regulations respective to 
the certificate sought (e.g., Sec.  61.127(b)) to ensure a person 
receives training on critical areas of operation. The applicable Airman 
Certification Standard or Practical Test Standard mirrors these areas 
of operation as the practical test standard. An hours-based approach 
ensures a set amount of flight time, exposing the pilot to a cross-
section of, for example, flight environments, scenarios, and potential 
emergencies. Conversely, a wholly competency-based framework may not 
ensure a pilot receives such comprehensive exposure to foundational 
aeronautical experience, particularly where a practical test cannot 
encompass every flight scenario to confirm an independent determination 
of competency. For example, an applicant for a commercial pilot 
certificate is required to conduct aeronautical experience at night but 
is not required to demonstrate competency during a practical test at 
night.
    In regard to commenters' reference to experience already held as a 
helicopter or airplane pilot, as the FAA outlined in section V.E of 
this preamble, this would not be wholly appropriate. Because a powered-
lift is essentially a hybrid aircraft, pilots who have completed 
airplane training or helicopter training are not going to have 1:1 
proficiency in a powered-lift. In other words, a pilot fully trained to 
only airplane proficiency will not have experience in a vertical land 
and takeoff regime and, conversely, a pilot fully trained to only 
helicopter proficiency will not have experience in horizontal flight 
regime. Furthermore, pilots who first received a pilot certificate in 
an airplane or helicopter could have deeply ingrained tendencies due to 
the law of primacy \187\ that can be very difficult to overcome. The 
FAA notes that this could have a significant impact on a pilot 
transitioning from airplane or helicopter to powered-lift. For example, 
a pilot performing a circling approach is conducting a maneuver 
requiring physical skills, while also cognitively evaluating 
surroundings to manage the flight path and perform a safe landing in 
the aircraft in which the circling approach is being conducted. During 
this maneuver, the pilot must incorporate motor skills as well as 
cognitive abilities to correlate the surrounding environment while 
being able plan and execute an appropriate flight path to safely land 
(i.e., considering possible interaction with other traffic, maintaining 
clear of clouds while on the approach). If the applicant first learned 
this in an airplane, and then was transitioning to conducting the task 
in a powered-lift, what was first learned in the airplane would be in 
the forefront of a pilot's actions. Checklists, procedures, and 
maintaining positive control of the aircraft while executing this 
maneuver in a different category of aircraft warrants training in the 
aircraft on specific maneuvers to ensure the pilot has the skills 
necessary to operate in the NAS.
---------------------------------------------------------------------------

    \187\ Pioneer of educational psychology, E.L. Thorndike 
formulated three laws of learning in the early 20th century. These 
laws are universally accepted and apply to all kinds of learning: 
the law of readiness, the law of exercise, and the law of effect. 
Since Thorndike set down his laws, three more have been added: the 
law of primacy, the law of intensity, and the law of recency. 
Primacy in teaching and learning, stipulates that what is learned 
first, often creates a strong, almost unshakable impression and 
underlies the reason an instructor needs to teach correctly the 
first time. Aviation Instructor's Handbook, FAA-H-8083-9B (2020) 
pages 3-11 through 3-12.
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    Furthermore, the FAA disagrees that training wholly in a simulator 
would effectively mitigate any negative transfer of learning present 
due to the pilot's previous experience. Effective training under 
realistic operating conditions and variability (i.e., in an aircraft 
versus in a simulator) provides the operational experience necessary 
for a pilot to overcome primacy. Simulator experience can present an 
environment that helps develop a pilot's motor skills as well as their 
cognitive skills to respond to a scenario. However, when obtaining a 
category rating, the integration of motor skills with cognitive skills 
is only fully attained to a level that mitigates any negative 
tendencies due to the law of primacy when the pilot is provided the 
opportunity to perform functions in the actual flight environment.\188\ 
Therefore, these possible proficiency gaps necessitate experience 
specific to a powered-lift rather than fully crediting a pilot with an 
airplane category or helicopter class rating with a powered-lift 
category rating.
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    \188\ The FAA recognizes this in a balance of crediting certain 
experience, while also requiring specific experience relative to the 
ratings and certificates a pilot is accomplishing. For example, 
Sec. Sec.  61.129 (a)(4), 61.129 (b)(4), and 61.129 (c)(4) require 
solo experience to be conducted in single-engine airplane, 
multiengine airplane, or helicopter. Likewise, 10 hours of flight 
training and specific cross country flights are required to be 
accomplished in the specific category of aircraft required for 
single-engine airplane, multiengine airplane, or helicopters by 
Sec. Sec.  61.129 (a)(3), 61.129(b)(3), or 61.129 (c)(3) 
respectively. The FAA has found it appropriate to codify these 
existing requirements, as applicable to the ratings sought, and 
finds these contributing human factors considerations are integral 
to overcoming any negative learning effects from previous experience 
a pilot may have in a different aircraft.
---------------------------------------------------------------------------

    Additionally, the FAA does recognize the time that a helicopter or 
airplane pilot has through prerequisites in the alternate framework and 
generalized requirements in Sec.  61.129. For example, Sec.  
61.129(e)(1) requires 100 hours in a powered aircraft, only 50 of which 
must be in a powered-lift. Other than the requirement that the aircraft 
used be a powered aircraft, the regulation does not specify which 
powered aircraft the other 50 hours must be accomplished in. Therefore, 
the other 50 hours could be accomplished in an airplane or helicopter.
    Finally, an SFAR intended to facilitate operations of a new and 
novel category of aircraft is not the appropriate place to implement a 
new airman certification framework due to the lack of operational data 
to illustrate that a novel framework would provide an equivalent level 
of safety in initial pilot category training. For these reasons, this 
final rule does not introduce a cycle-based or competency-based pathway 
to initial powered-lift ratings at this time.
Safety Management System Processes
    A4A stated that any effort to provide alternative flight time and 
experience requirements should be vigorously vetted through the Safety 
Risk Management (SRM) process.
    The FAA uses a Safety Management System (SMS) to integrate the

[[Page 92346]]

management of safety risk into operations, acquisition, rulemaking, and 
decision making. SMS consists of four components: Safety Policy, safety 
risk management (SRM), Safety Assurance, and Safety Promotion \189\ The 
FAA has its own established SRM policy, which supports the FAA's SMS by 
providing the ability to consistently conduct SRM and provide safety 
risk information to decision makers. The NPRM proposed both limited 
permanent changes and an SFAR to facilitate powered-lift operations and 
permit the FAA to gather data and better understand what a 
comprehensive permanent regulatory framework should look like. The FAA 
has not identified any hazards with the narrowly tailored alternate 
experience that would trigger the SRM process. Additionally, with each 
alternate requirement proposed (and adopted in this final rule), the 
FAA likewise proposed (and adopts) certain risk mitigations (e.g., 
extra cross-country flights, requirements that the alternate 
requirements may only be utilized through approved training programs 
with FAA oversight). Since the FAA can initiate SRM at any time through 
its established policy, the FAA would initiate an SRM as necessary to 
ensure risk is mitigated. For example, if it becomes apparent that a 
specific hazard may exist because of the alternate experience, the FAA 
would initiate an SRM to identify and assess hazards related to the 
alternate flight time and experience requirements adopted in this final 
rule.
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    \189\ FAA Order 8040.4C Safety Risk Management Policy.
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    The following sections briefly describe the proposed alternate 
requirements and address any comments on that proposal. To note, where 
the FAA did not propose and adopt an alternate aeronautical experience 
or logging provision, the person must meet the applicable part 61 
requirement, as appropriate.\190\
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    \190\ See Sec.  194.215(b).
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1. Applicability of Alternate Requirements
    Because the alternate eligibility requirements facilitate a degree 
of relief from certain provisions in Sec.  61.129, the FAA proposed 
certain prerequisites to ensure the applicant possesses extensive 
flight experience and a solid foundational skill set in Sec.  
194.215(a). Therefore, except for the alternate requirements for cross-
country discussed later in this section, to utilize the alternate 
aeronautical experience and logging requirements for obtaining a 
powered-lift category rating and instrument-powered-lift rating, the 
FAA proposed a person already hold at least a commercial pilot 
certificate with at least an airplane category and single-engine or 
multiengine class rating or a rotorcraft category and helicopter class 
rating. The FAA also proposed the person hold an instrument-airplane or 
instrument-helicopter rating that corresponds to a category rating held 
at the commercial pilot certificate level. Commenters generally 
supported the parameters proposed in Sec.  194.215(a).
    A4A, Archer, and Bristow supported the proposal that alternate 
requirements be allowed only for pilots who already hold a commercial 
pilot certificate and corresponding instrument rating for another 
category of aircraft. Archer stated that the prerequisites offer a 
meaningful skills and experience advantage that substantially mitigates 
the challenge of training in aircraft that have different flight 
control characteristics, and may have a single set of controls, but 
share an operating environment and fundamental aerodynamics. Archer 
further noted that possessing one category rating to enable eligibility 
for another category rating is unprecedented but would constitute a 
near-term enabler for innovation. The FAA agrees with the benefits 
pointed out by commenters and emphasizes that, by virtue of holding 
these certificates/ratings, the powered-lift applicant will have, 
first, satisfied the respective aeronautical experience and training 
requirements and, second, demonstrated flight proficiency and 
competency through successful completion of the requisite knowledge and 
practical tests. Additionally, the applicant will have valuable 
practical experience, such as operating in the NAS, communicating with 
ATC, interacting with other air traffic, and the duties and 
responsibilities of acting as PIC of an airplane or helicopter.
    One commenter questioned whether pilots of aircraft that operate 
primarily in wing-borne flight should be eligible for powered-lift 
designations in general given that they are unlikely to experience the 
unique aerodynamic and handling qualities-related effects of aircraft 
that generate thrust via proprotors. The commenter also provided 
examples such as lateral darting, settling with power, untoward low 
airspeed aerodynamic effects, and one thrust-producing device operating 
within ground effect while the other is operating out of ground 
effect.\191\ Another individual suggested prerequisites consisting of 
an airplane category rating; rotorcraft category, helicopter class 
ratings; and part 107 UAS certificate. The commenter acknowledged that 
this would narrow the pool of eligible pilots but stated that initial 
pilots with dual qualifications in addition to a part 107 UAS rating 
would be the most adequately situated to inform industry in training 
adaptation and procedures.
---------------------------------------------------------------------------

    \191\ While the commenter did not specifically opine on the 
alternate eligibility prerequisite itself, the FAA determined this 
point is best adjudicated in relation to the prerequisites for the 
alternate framework.
---------------------------------------------------------------------------

    The unique aerodynamic and handling qualities of a powered-lift 
necessitate specific powered-lift training and flight time, which is 
why a pilot who operates primarily in wing-borne flight (i.e., an 
airplane-rated pilot) must complete specific powered-lift aeronautical 
experience requirements rather than being automatically eligible for a 
powered-lift category rating solely on the basis of a prerequisite 
certificate. The prerequisites for the alternate framework simply 
function to ensure that an applicant has an advanced level of 
aeronautical knowledge as a foundation before capitalizing on certain 
relieving provisions. However, the FAA disagrees with the premise that 
holding a remote pilot certificate issued under part 107 translates 
into experience that should be credited or required in the 
applicability of the proposed alternate requirements for manned 
aircraft under this rulemaking. Part 107 applies to the registration, 
airman certification, and operation of civil small UAS within the 
U.S.\192\ To obtain a part 107 certificate, a person need only meet the 
eligibility requirements of Sec.  107.61, which includes either (1) 
passing an initial aeronautical knowledge test covering the areas of 
knowledge in Sec.  107.73 or (2) completes training covering the areas 
of knowledge in Sec.  107.74, if the person holds a part 61 certificate 
(other than a student pilot certificate) and meets the flight review 
requirements of Sec.  61.56. Several of these knowledge areas are 
specifically tailored to small UAS that would not translate to 
recognizable experience applicable to a powered-lift. For example, 
effects of weather on small UAS performance and operations will be 
handled differently by a remote pilot than the effects of weather \193\ 
on a large powered-lift with a pilot physically onboard the aircraft. 
For these reasons, the FAA finds there would be little net benefit by 
also requiring a part 107 small UAS rating on a person's pilot 
certificate to the prerequisites of the alternate eligibility 
framework.
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    \192\ Sec.  107.1.
    \193\ Sec. Sec.  107.73(c) and 107.74(b).

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[[Page 92347]]

    Therefore, the FAA adopts the requirement that a person must hold 
at least a commercial pilot certificate with at least an airplane 
category and single- or multi-engine class rating or a rotorcraft 
category and helicopter class rating, and the corresponding instrument 
rating (i.e., instrument-airplane or instrument-helicopter), to utilize 
the alternate experience requirements (except for cross-country) in 
Sec.  194.215(a).
2. Obtaining a Powered-Lift Category Rating on the Commercial Pilot 
Certificate (Sec.  61.129(e))
    Section 61.129(e) sets forth the aeronautical experience 
requirements \194\ to obtain a commercial pilot certificate with a 
powered-lift category rating. Section 61.129(e)(1) through (4) require 
specific flight time, such as flight time in powered aircraft, flight 
time in powered-lift, PIC flight time (including a certain amount of 
PIC time in a powered-lift), cross-country time, flight training time, 
and solo flight time (or flight time performing the duties of PIC in a 
powered-lift with an authorized instructor onboard), resulting in at 
least 250 hours of total flight time. These flight time requirements 
specific to powered-lift, resulting from the 1997 final rule, largely 
mirror the aeronautical experience requirements for airplanes.\195\
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    \194\ Section 61.123 prescribes the general eligibility 
requirements for a commercial pilot certificate; paragraph (f) 
requires an applicant to meet the aeronautical experience 
requirements of subpart F (Commercial Pilots) that apply to the 
aircraft category and class rating sought (i.e., Sec.  61.129).
    \195\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, final rule, 62 FR 16220 (Apr. 4, 1997).
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    By virtue of this rulemaking, and as extensively discussed in the 
NPRM,\196\ the FAA acknowledges the lack of certificated powered-lift 
in civil operations available in which pilots can build the necessary 
flight time required in Sec.  61.129(e). Even with the introduction of 
powered-lift into civil aviation, pilots will encounter an inability to 
satisfy several of these requirements for a commercial pilot 
certificate (and an instrument rating \197\), such as the required PIC 
flight time in powered-lift in Sec.  61.129(e)(2)(i) and cross-country 
experience in powered-lift in Sec.  61.129(e)(3) and (4). Additionally, 
the logging requirements of Sec.  61.51(e) present obstacles for a 
pilot who is not rated in a powered-lift to log PIC flight time in a 
powered-lift.
---------------------------------------------------------------------------

    \196\ See 88 FR 38946 at 38967 (June 14, 2023).
    \197\ While this section discusses obtaining a powered-lift 
category rating on a commercial pilot certificate, section V.F.3. of 
this preamble discusses obtaining an instrument-powered-lift rating.
---------------------------------------------------------------------------

    Therefore, the FAA proposed to enable certain applicants for a 
powered-lift category rating on their commercial pilot certificate to 
satisfy alternate aeronautical experience and logging requirements for 
(1) test pilots and instructor pilots, (2) the initial cadre of 
instructors, (3) pilots receiving training under an approved training 
program, including provisions that would enable certain applicants to 
credit time obtained in an FFS toward certain flight time requirements. 
The FAA also proposed alternate requirements for cross-country flights, 
which are generally applicable to all applicants for a commercial pilot 
certificate with a powered-lift category rating.\198\ This section 
discusses the adopted alternate framework in part 194 \199\ (i.e., 
alternate experience, logging, cross-country requirements, and 
provisions facilitating FFS credit) and responds to comments.
---------------------------------------------------------------------------

    \198\ Section V.F.4. of this preamble discusses alternate means 
to satisfy the cross-country aeronautical experience requirements 
for a private pilot certificate with a powered-lift category rating 
and an instrument-powered-lift rating.
    \199\ The FAA adopts these alternate eligibility requirements in 
a temporary state in the SFAR to obtain operational data to properly 
inform a permanent rulemaking in the future.
---------------------------------------------------------------------------

    While the alternate framework is largely adopted as proposed in 
subpart B to new part 194, the FAA determined the challenges presented 
in obtaining PIC flight hours in a powered-lift necessitate further 
relief in the context of hours required and available credit in an FFS, 
as subsequently discussed. Section V.F.6. of this preamble provides 
tables summarizing the adopted alternate requirements for persons 
seeking a powered-lift category rating on a commercial pilot 
certificate.
    The FAA received many comments pertaining to the total amount of 
hours of flight time in a powered-lift set forth by Sec.  61.129(e)(1) 
and, second, the hours of PIC flight time in a powered-lift set forth 
by Sec.  61.129(e)(2). The FAA did not propose an hour reduction to 
either of these provisions in the NPRM. Because each of these 
provisions apply to all populations of pilots under the SFAR (i.e., 
test pilots, instructor pilots, initial cadre instructors, and pilots 
receiving training under an approved training program), this section 
discusses the additional relief provided by this final rule to PIC 
flight time in a powered-lift and available FFS credit. Subsequent 
sections provide additional discussion applicable to specific pilot 
populations.
Alternative Structured Options for Flight Time in Sec.  61.129(e)(1)
    AWPC, GAMA, and Joby suggested reducing the requirement that a 
pilot must log 100 hours in a powered aircraft, 50 of which must be in 
a powered-lift.\200\ Each suggested structured alternatives in lieu of 
the hour requirement. AWPC noted the commonality between ACS utilized 
for training and testing and suggested that, in conjunction with the 
prerequisites to utilize the SFAR, the FAA should approve a course that 
is competency and training oriented rather than prescriptive time 
building. AWPC suggested credit through an Initial Operating Experience 
(IOE) or other SOE toward flight hours toward Sec.  61.129(e)(1). 
Similarly, notwithstanding Joby's emphasis on eliminating the powered-
lift category rating as discussed in section V.A. of this preamble, 
Joby suggested that the FAA facilitate other methods for obtaining 
aeronautical experience prior to conducting commercial operations in 
lieu of a category-based emphasis on time building. Joby specifically 
stated that Sec.  61.129(e)(1) is not aligned with type-specific 
training and experience in the SFAR. Joby contended supervised line 
flying (SLF) requirements, including virtual observation or a 
probationary period, would be appropriate in light of the broader 
training program. Similarly, ADS recommended the FAA leverage the FSB 
process to require post-qualification SLF. Finally, GAMA questioned the 
net safety benefit of the requirement of Sec.  61.129(e)(1) flight time 
in a powered-lift as mere time-building and urged the FAA to transition 
away from Sec.  61.129(e)(1) time building and, instead, prioritize 
scenario-based training in an FSTD through SLF and LOFT.
---------------------------------------------------------------------------

    \200\ Sec.  61.129(e)(1).
---------------------------------------------------------------------------

    The FAA does not find that activities such as SLF, IOE, or LOFT 
achieve a level of safety for an initial powered-lift category rating 
such that a full substitution is warranted. SLF, IOE, and LOFT are 
tools utilized by an operator to transition a certificated pilot into 
the operational environment specific to that operator (i.e., structured 
flight training environments to line operations). For example, SLF is 
typically conducted upon the introduction of equipment or procedures 
for a specific pilot position and particular assigned duties within an 
air carrier (e.g., introduction of a new system like ADS-B, RAAS, or 
new operations like ETOPS), presuming the pilot is appropriately 
certificated and

[[Page 92348]]

rated. To date, these tools are not tailored toward flight training 
toward an initial category and type rating.
    The alternatives suggested by commenters (i.e., SLF, IOE, and LOFT) 
could all be used by certificate holders as supplementary to their part 
135 operations. However, the FAA does not find that these programs 
provide an equivalent or greater level of safety to the aeronautical 
experience requirements set forth by part 61 such that a reduction in 
flight time required for an initial powered-lift rating is justified at 
this time. The requirement to obtain a certain amount of flight time in 
the aircraft a pilot seeks a rating for is not a new or novel concept 
unique to powered-lift. While the FAA anticipates challenges with the 
traditional part 61 framework, the FAA finds the alternate 
requirements, as adopted by this final rule, to be sufficient measures 
in furthering powered-lift civilian operations. Additionally, because 
there are no certificated powered-lift for civilian operations upon 
which the FAA may base an overhaul of the traditional training time and 
hours-based framework on, nor did commenters provide any data or 
persuasive evidence, the FAA declines at this time to implement the 
novel concept of category certificate elimination or credit of SLF, 
IOE, and LOFT toward an initial rating.
Reduction of Powered-Lift Pilot-in-Command Time (Sec.  61.129(e)(2))
    A person who applies for a commercial pilot certificate with a 
powered-lift category rating must log at least 250 hours of flight time 
consisting of at least, in pertinent part, 100 hours of PIC flight 
time, which includes at least 50 hours in a powered-lift.\201\ Under 
Sec.  61.51(e)(1), as relevant to this section, a pilot may log PIC 
time only when the pilot is the sole manipulator of the controls of an 
aircraft for which the pilot is rated (category, class, and type 
rating, if appropriate) or is the sole occupant of the aircraft. While 
the FAA explained in the NPRM, and still maintains, that the proposal 
would permit pilots to log the time that meets the criteria in this 
final rule retroactively,\202\ the FAA did not propose to decrease the 
requirement to log 50 hours of PIC flight time in a powered-lift for 
any pilot under the SFAR. Many commenters urged the FAA to implement a 
provision reducing this requirement.
---------------------------------------------------------------------------

    \201\ Section 61.129(e)(2).
    \202\ To underscore, flight time that a pilot is currently 
accruing, and has previously accrued, that meets the conditions 
adopted in the SFAR may be applied toward the 50-hour requirement 
when the pilot applies to take the practical test.
---------------------------------------------------------------------------

    Many commenters stated that the 50-hour requirement in existing 
Sec.  61.129(e)(2)(i) is simply a time-building requirement that does 
not add value to a pilot's experience, especially where pilots under 
the SFAR will have extensive prior PIC experience through virtue of the 
prerequisite requirements. These commenters included: HAI, L3Harris, 
AWPC, GAMA, Lilium, Archer, and Supernal.
    Commenters stressed that the simplicity of powered-lift renders 
time building of little value and questioned the net safety benefit of 
a 50-hour requirement. For example, Archer proposed a 30-hour minimum 
considering the unique capabilities of powered-lift, many of which 
possess control frameworks that provide inherent hands-off stability. 
Archer noted that many OEMs' reliance on battery electric driven 
propulsions would make maneuver-centric repetition in aircraft training 
difficult. Supernal emphasized the importance of the critical skill of 
transitioning between vertical and on-wing flight as opposed to total 
flight hours. Similarly, GAMA and L3Harris proposed a substitution like 
that set forth in Sec.  61.159(b) whereby an applicant could perform a 
certain number of powered-lift takeoffs and landings in lieu of a 
certain amount of flight hours. Commenters also referenced commonality 
between maneuvers required by the powered-lift Airmen Certification 
Standards (ACS) and the airplane and helicopter ACS for purposes of the 
prerequisite requirements set forth by Sec.  194.215. GAMA, Lilium, and 
AWPC emphasized that this gives further credence to reducing the hour 
requirement (i.e., because those pilots will have already demonstrated 
proficiency in overlapped tasks by virtue of holding the prerequisite 
ratings).
    Additionally, commenters urged the FAA to consider the environment 
within which training under the SFAR will occur to warrant a reduction 
in hours. Specifically, AWPC and GAMA emphasized that training under 
the SFAR would be conducted under an approved course under parts 135, 
141, and 142, which require certain prerequisites to entry and a 
standardized course of instruction. Commenters, including Archer, 
likened this to courses under part 141, where the FAA approves certain 
reduced aeronautical experience time compared to part 61. Specifically, 
Archer noted that appendix I to part 141, (4)(c)(3) requires a minimum 
of 30 hours of flight training to add a helicopter class rating to an 
existing pilot certificate and urged the FAA to adopt similar 
parameters.
    Further, GAMA and AWPC cited the recent final rule, Recognition of 
Pilot in Command Experience in the Military and Air Carrier 
Operations,\203\ to support the premise that there is a lack of safety 
benefit provided by a time-building approach. Specifically, the 
commenters stated that the FAA explained in that final rule that time 
spent in certain flight regimes in a military powered-lift was 
equivalent to time in an airplane for the purposes of meeting specific 
aeronautical experience requirements for an ATP certificate. Both 
commenters stated that the minimum times should be linked to those 
specified in Sec. Sec.  61.65(f) (aeronautical experience for the 
instrument-powered-lift rating), 61.129(e)(3) (20 hours of training on 
the areas of operation in Sec.  61.127(b)(5)), and 61.129(e)(4) (solo 
flight time or flight time performing the duties of PIC with an 
authorized instructor on board), which are training oriented rather 
than time building, in conjunction with passage of a practical test to 
ATP certificate standards to ensure equivalent level of safety.
---------------------------------------------------------------------------

    \203\ 87 FR 57578 (Sept. 21, 2022).
---------------------------------------------------------------------------

    Finally, several commenters emphasized that the 50-hour PIC flight 
time in a powered-lift set forth by Sec.  61.129(e)(2)(i) would present 
resource and cost challenges contrary to public interest. AWPC noted 
that time building in a large, multi-engine turbine powered tiltrotor 
would be contrary to public interest because of the consumption of 
large quantities of fuel, especially at a time when the AAM industry is 
making strides toward zero carbon emissions, in addition to other noise 
impacts. Other commenters, such as Lilium, noted that electric aircraft 
would have limited range and endurance capabilities that would make 
accumulating time in an aircraft difficult. HAI stated that requiring 
50 hours of PIC in a powered-lift would be overly burdensome and 
unnecessary, especially considering the minimum qualifications a pilot 
would have to hold would be at the commercial pilot certificate level. 
HAI and GAMA expressed concern that the flight endurance and resource 
limitations would extend each FSB process from six to nine months. They 
further emphasized the challenges presented for OEM's where FSB members 
would be required to travel long distances to conduct their duties.
    First, the FAA does not agree that aeronautical experience is only 
a time-building exercise but emphasizes that the aeronautical 
experience

[[Page 92349]]

requirements are an iterative process to ensure a pilot has adequately 
trained to proficiency while gaining a minimum level of experience to 
be a safe pilot in the NAS. The FAA maintains the value in accruing 
experience in the aircraft through minimum time requirements, as such 
experience builds a pilot's ability to respond and make decisions in 
unexpected conditions. For example, with respect to weather, some 
research indicates, first, a lower level of pilot experience increases 
accident rates versus incident rates during adverse weather events and, 
second, increased experience results in better decision-making 
abilities. The study also found that increased experience results in a 
lower accident rate than subgroups that had less pilot experience when 
studying actual occurrences related to adverse weather events.\204\
---------------------------------------------------------------------------

    \204\ See Udo-Imeh, N. E., & Landry, S. J. (2021). Dimensions of 
Pilot Experience and Their Contributing Variables. 63rd 
International Symposium on Aviation Psychology, 376-384. 
corescholar.libraries.wright.edu/isap_2021/63.
---------------------------------------------------------------------------

    However, in light of commenters' contentions, the FAA reevaluated 
the amount of time required by Sec.  61.129(e)(2)(i) for those pilots 
using the alternate framework set forth by the SFAR. Specifically, the 
FAA compared the experience requirements in existing Sec.  61.129 for 
airplanes (Sec.  61.129(a) and (b)) and helicopters (Sec.  61.129(c)) 
related to those required for a powered-lift rating (Sec.  61.129(e)). 
An applicant must have 50 hours of PIC flight time in an airplane when 
applying for an airplane single-engine rating and multiengine rating; 
\205\ for a helicopter class rating, however, an applicant must only 
log 35 hours of PIC flight time in the helicopter class to be eligible 
for a commercial pilot certificate. As discussed, to receive a powered-
lift rating at the commercial pilot certificate level, a pilot would 
need 50 hours of PIC time in a powered-lift, which aligns with the time 
requirement for airplanes.
---------------------------------------------------------------------------

    \205\ Sec. Sec.  61.129(a)(2)(i) and (b)(2)(i).
---------------------------------------------------------------------------

    While the NPRM did not propose to reduce the hours set forth in 
Sec.  61.129(e)(2)(i), it proposed to allow pilots under the SFAR 
receiving training from a certificate holder to credit up to 15 hours 
of PIC time obtained in a Level C or higher FFS toward the 50-hour PIC 
requirement.\206\ However, after reconsidering the hybrid nature of a 
powered-lift in relation to the prerequisites \207\ and requirements 
set forth under the alternate framework and weighing the current 
requirements in Sec.  61.129 for a commercial certificate for powered-
lift, airplanes, and helicopters, the FAA agrees that a reduction in 
flight hours as PIC in a powered-lift under the SFAR would sufficiently 
ensure pilots are proficient in the duties of a PIC operating a 
powered-lift and alleviate some of the burden posed for operators of a 
powered-lift without jeopardizing safety.
---------------------------------------------------------------------------

    \206\ See proposed Sec.  194.223(c).
    \207\ Specifically, to use the SFAR's alternate framework, a 
person must already hold at least a commercial pilot certificate 
with at least an airplane category and single- or multiengine class 
rating or a rotorcraft category and helicopter class rating. The 
person will also be required to hold an instrument-airplane or 
instrument-helicopter rating that corresponds to a category rating 
held at the commercial pilot certificate level.
---------------------------------------------------------------------------

    When determining the amount of reduced time, the FAA specifically 
considered a reduction to align with the PIC time in a helicopter. The 
FAA maintains that a powered-lift is essentially a hybrid between an 
airplane and helicopter While part 61 does not traditionally facilitate 
any category-to-category reduction in PIC aeronautical experience, the 
hybrid status of a powered-lift, in conjunction with the mitigations 
discussed herein and certain operational symmetry between helicopter 
and powered-lift, substantiate the alignment of powered-lift PIC time 
to helicopter PIC time for pilots under the SFAR.\208\ While the FAA's 
position is that powered-lift are, for practical purposes, operated 
largely like airplanes, key operational differences necessitate closer 
alignment with helicopter requirements for the purposes of airman 
certification than alignment with airplane requirements.
---------------------------------------------------------------------------

    \208\ By virtue of a person holding the prerequisites as set 
forth in 194.215(a), the person would have accrued experience in 
horizontal flight or vertical land and take off such that regardless 
of the category the person holds, the person will have some degree 
of PIC experience in a powered-lift flight regime. Conversely, a 
person who holds, for example, an airplane category rating who seeks 
a rotorcraft category rating will only possess experience in a 
horizontal flight regime, inapplicable to the flight regime 
experienced in rotorcraft. The FAA notes that, while this time is 
valuable and applicable to powered-lift experience and operations, 
thereby warranting a reduction in PIC flight time as explained 
herein, actual experience in the category of aircraft (i.e., a 
powered-lift) is essential to attaining full proficiency in the 
powered-lift where aeronautical knowledge and operational gaps will 
exist by virtue of operation in another category of aircraft (e.g., 
an airplane category pilot will have no experience with vertical 
land and takeoff). Additionally, see section V.F. of this preamble 
for additional discussion on primacy effect.
---------------------------------------------------------------------------

    Specifically, as noted by commenters, powered-lift operations will 
be of shorter range, resulting in condensed critical phases of flight 
as compared to airplanes, which should be reflected in the training 
footprint. Given that powered-lift training flights and commercial 
operations will generally consist of shorter range distances, combined 
with the advanced technology detailed by the commenters (e.g., hands-
off capabilities, advanced automation, Simplified Vehicle Operations), 
the reduction in flight time will not negatively affect safety because 
applicants will conduct a substantial number of takeoffs, transitions 
from vertical and on-wing flight, and landings (i.e., the critical 
phases of powered-lift flight) within 35 hours, similar to helicopters. 
Conversely, airplanes inherently possess longer range capabilities, 
resulting in less burden to reach the 50-hour PIC time in an airplane 
and longer cross-country horizontal flight opportunity.
    Finally, applicants seeking a commercial certificate with a 
powered-lift category rating must conduct their training under an 
approved training program under part 135, 141, or 142 under the SFAR to 
qualify for this PIC relief. As noted by commenters, appendix D to part 
141, which sets forth the minimum curriculum for a commercial pilot 
certification course, and appendix I, which sets forth the minimum 
curriculum for an additional aircraft category rating course, generally 
facilitate a reduced hour footprint than the corresponding certificates 
in part 61. This relief is largely due to the greater oversight, 
structured training program, dedicated training facilities, and FAA-
approved curriculum offered at the part 141 pilot school. The FAA finds 
that the approved part 135, 141, and 142 programs under which an SFAR 
pilot would receive training offer the same safeguards (e.g., 
oversight, structure, etc.) for certain reduced footprints such that a 
similar degree of relief may be offered for these approved programs 
without a reduction in safety.
    Therefore, the FAA is reducing the total hours of PIC in the 
powered-lift from 50 hours to 35 hours to situate pilots seeking a 
powered-lift rating under the SFAR more similarly on their commercial 
pilot certificate to those that are attaining a helicopter rating on 
their commercial pilot certificate. Notwithstanding the eligibility 
requirement specified in Sec.  61.123(f), new Sec.  194.216(a) will 
permit an applicant for a commercial pilot certificate with a powered-
lift category rating under Sec. Sec.  194.217, 194.219, 194.221, or 
194.223 to log 35 hours of pilot-in-command flight time in a powered-
lift in lieu of the aeronautical experience requirement of Sec.  
61.129(e)(2)(i) (i.e., 50 hours). In turn, this requires minor 
revisions to the reg text as proposed in those alternate experience 
provisions (Sec. Sec.  194.217, 194.219, 194.221, and 194.223). Because 
Sec.  194.216(a) renders Sec.  61.129(e)(2)(i) inapplicable to pilots 
under the SFAR

[[Page 92350]]

seeking a commercial pilot certificate with a powered-lift category 
rating, the FAA finds it necessary to replace references proposed in 
part 194 from Sec.  61.129(e)(2)(i) to Sec.  194.216(a). This cross-
reference replacement is adopted in: Sec. Sec.  194.217(b)(3), 
194.217(c), 194.219(b)(3), 194.219(c), 194.221(b)(3), 194.221(c), and 
194.223(c).
    The FAA notes this relief is only permitted under the limited 
circumstances set forth by the SFAR with the discussed mitigations and 
does not make a permanent change to Sec.  61.129(e)(2)(i). As discussed 
in section I.G. of this preamble, the benefit of the SFAR is to collect 
information over the lifespan of the temporary regulations. The FAA 
intends to use the time to determine whether a permanent change to 
Sec.  61.129(e)(2)(i), congruent to PIC flight time in a helicopter, is 
justified in part 61. Additionally, as discussed further in the 
subsequent section of this preamble, this final rule will allow for 15 
hours in a Level C or higher FFS to be credited toward the PIC 
requirement of Sec.  194.216(a) and expands this relief to all pilots 
under the SFAR.
    Relatedly, the FAA agrees with GAMA and AWPC that a similar concept 
was promulgated in the final rule Recognition of PIC Experience in the 
Military and Air Carrier Operations, although the two are not 
synonymous scenarios such that the traditional approach of garnering 
time in the aircraft is not warranted from a safety perspective. The 
Recognition of PIC Experience final rule allowed military pilots to 
credit flight time in a powered-lift while operated in horizontal 
flight only toward the requirements of Sec.  61.159(a)(5) (i.e., an 
airplane category rating). This change was to assist military pilots of 
powered-lift in qualifying for an ATP certificate in the airplane 
category supported by the premises that, first, a military pilot will 
have two to five times the amount of PIC time required by the 
regulation; second, military powered-lift pilots receive training and 
qualifications in airplanes prior to transitioning to a powered-lift; 
and, third, the comprehensive and demanding nature of military pilot 
training and military assessment of flight proficiency.\209\ These 
premises are not synonymously applicable to the qualifications required 
for the operations enabled by this SFAR.
---------------------------------------------------------------------------

    \209\ 87 FR 57578 at 57580 (Sept. 21, 2022).
---------------------------------------------------------------------------

    While not the basis for the FAA's decision to reduce the PIC flight 
time, the FAA finds that this reduction will address commenters' 
concerns about resources and cost to the training provider. To the 
extent that commenters suggested noise impacts would be implicated 
because of the additional time required to operate an aircraft toward 
pilot certification, the FAA notes that these aircraft will still be 
required to meet the noise requirements of part 36; noise 
considerations are further discussion in section IV.B. of this preamble 
(``Noise Certification'').
Expansion of FFS Credit Toward PIC Flight-Time Requirements
    Currently, Sec.  61.129(i) permits a certain amount of credit for 
use of an FSTD to certain aeronautical experience requirements. 
Specifically, in pertinent part, Sec.  61.129(i)(1) permits an 
applicant who has not accomplished the training required by Sec.  
61.129 in a course conducted by a training center certificated under 
part 142 to credit a maximum of 50 hours toward the total aeronautical 
experience requirements of Sec.  61.129 for a powered-lift rating, 
provided the aeronautical experience was obtained from an authorized 
instructor in an FFS or FTD that represents the powered-lift category 
and type. For applicants who have accomplished the training required by 
Sec.  61.129 in a course conducted by a training center certificated 
under part 142, Sec.  61.129(i)(2) permits the applicant to credit a 
maximum of 100 hours toward the total aeronautical experience 
requirements of Sec.  61.129 for a powered-lift rating, provided the 
aeronautical experience was obtained from an authorized instructor in 
an FFS or FTD that represents the powered-lift category and type.
    To allow for more flexibility and to foster the development of an 
initial cadre of powered-lift pilots, the FAA proposed to temporarily 
permit certain time obtained in a Level C or higher FFS to be credited 
specifically toward the 50-hour PIC flight time requirement in Sec.  
61.129(e)(2)(i) in addition to the permitted use of credit in Sec.  
61.129(i). Specifically, to mitigate any risk with increasing 
creditable FFS time, the relief as proposed would have only applied to 
the group of pilots receiving training from an approved training 
program under the SFAR provided (1) the aeronautical experience was 
obtained performing the duties of PIC in a Level C or higher FFS 
representing the powered-lift category and (2) the FFS sessions were 
conducted in accordance with an approved training program under part 
135, 141, or 142.\210\
---------------------------------------------------------------------------

    \210\ See proposed Sec.  194.223(d). This relief was also 
proposed for those pilots receiving training under an approved 
training program leading to an instrument-powered-lift rating in 
proposed Sec.  194.231(c). Section V.F.3. of this preamble discusses 
the instrument-powered-lift alternate experience requirements 
proposed and adopted in the SFAR.
---------------------------------------------------------------------------

    The FAA did not receive any comments directly opposing crediting of 
time in this manner. In fact, several commenters commended the FAA on 
the approach in Sec.  194.223(d) to credit aeronautical experience in 
this manner, citing limited range and endurance in the aircraft itself 
that could hinder the ability to perform repetitive, maneuver-centric 
training in the aircraft. However, many commenters who supported 
reducing the PIC time in a powered-lift also proposed the FAA permit 
the credit of even more time in an FFS toward the PIC time in a 
powered-lift. These commenters generally emphasized that FSTDs provide 
realistic, controlled training environments especially useful for 
training on abnormal and emergency procedures and specific operational 
scenarios. Commenters suggested crediting 35 hours of PIC time in the 
FFS, thereby only requiring 15 hours of PIC flight time in the powered-
lift in flight (under the premise of the proposal retaining the 50 
hours of PIC time in a powered-lift requirement) or permitting all PIC 
flight time in the FFS. Commenters included: Archer, Lilium, Bristow, 
GAMA, Supernal, and Flight Safety International.
    Commenters also urged the FAA to consider widening the scope from 
FFS to FSTD. Supernal recommended the FAA maximize the use of flight 
training devices and flight simulators used for proficiency and 
examinations and generally agreed with the need for high fidelity 
simulators utilized for training and qualification of a person seeking 
a powered-lift type rating. Archer agreed with the FAA's approach to 
credit 15 hours of flight training in an FSTD, but suggested the FAA 
should consider Level 6 FTD devices or higher to be considered in this 
credit. Archer stated that FTDs qualified under part 60 would encourage 
a more widespread application of innovative devices, ensuring training 
remains affordable and accessible for a broader range of operators. 
Archer described FTDs as offering a balanced approach to training 
through realistic simulation at a fraction of the cost of Level C or 
higher FFSs. Additionally, Archer stated that requiring a Level C FFS 
for PIC aeronautical experience does not align with regulations that 
offer flexibility and efficiency by use of an FTD such as Sec. Sec.  
61.64, 61.129(i), 141.41, and 142.59.
    CAE, FlightSafety International, BETA, UPS Flight Forward,\211\ and 
L3Harris also requested the FAA amend

[[Page 92351]]

the proposal to include any FSTD acceptable to the Administrator or 
that meets the equivalency of a Level C FFS rather than specify Level C 
FFS only. BETA suggested consideration of non-motion or 3-degree-of-
freedom platforms for creditable training and evaluation.
---------------------------------------------------------------------------

    \211\ UPS FF specifically drew comparisons to part 121 AQP 
advances with FTDs of a lower level.
---------------------------------------------------------------------------

    As discussed in the preceding section of this preamble, this final 
rule reduces the amount of PIC flight time in a powered-lift from 50 
hours to 35 hours. The FAA does not find a reasonable basis to allow a 
greater amount of credit than 15 hours, nor has the FAA received any 
compelling data on why a higher hourly amount of simulator training 
would provide an equivalent level of safety. The FAA finds that the 
operation of an aircraft in the NAS when adding a foundational category 
rating to a pilot certificate is important because FSTDs cannot fully 
replicate the operational experience a pilot receives in the actual 
flight environment, including, but not limited to, interaction with 
other aircraft, decision making experience and familiarity with actual 
air traffic control environment.
    In the proposal, the FAA intended to permit 30% of training in a 
Level C or higher FFS. While the FAA does not see a reason to reduce 
this amount in light of the total reduced PIC flight time in a powered-
lift, particularly given considerations of abnormal and emergency 
procedures training opportunities afforded by simulation, the FAA notes 
that training in a Level C or higher FFS could now account for 
approximately 43% of the required time. Therefore, because time in an 
FFS that may be credited toward the PIC flight time in a powered-lift 
accounts for a larger footprint, the FAA finds that commenters' 
concerns pertaining to limited ranges, cost, and accessibility are 
addressed.
    Additionally, after consideration of comments, the FAA does not 
find a reasonable basis to limit the population of pilots that may use 
this crediting provision. Under the proposal, an applicant for a 
commercial pilot certificate with a powered-lift category rating could 
only credit the 15 hours toward the 50-hour PIC flight time 
requirements in Sec.  61.129(e)(2)(i), in relevant part, in accordance 
with an approved training program under part 135, 141, or 142. However, 
the FAA finds it appropriate to generalize the provision to all pilots 
under the SFAR: a manufacturer's test pilots and instructor 
pilots,\212\ FAA test pilots and ASIs,\213\ initial cadre flight 
instructors, and pilots receiving training under an approved training 
program. This final rule moves the framework of the provision from 
proposed Sec.  194.223(d) to Sec.  194.216(b) to apply to all pilots 
under the SFAR, in accordance with the manufacturer's proposed training 
curriculum, manufacturer's approved training curriculum, or approved 
training program under part 135, 141, or 142, as applicable to the 
pilot.
---------------------------------------------------------------------------

    \212\ A powered-lift at the manufacturer will be actively 
working through the type-certification process with the experimental 
powered-lift and, therefore, the aircraft will not be type 
certificated when instructor pilots and test pilots operate the 
aircraft. Absent a type-certificate, the simulator would not be 
fully qualified under part 60 (see Sec.  60.13). This provision 
expands FFS credit to instructor pilots, test pilots, FAA test 
pilots, and FAA ASIs at the experimental aircraft stage, even though 
an FFS may not be fully qualified at that time, because the FFS 
could receive interim qualification. An instructor pilot or test 
pilot could, therefore, credit time in the interim qualified FFS.
    \213\ See section V.F.3.i.c. of this preamble for discussion on 
the addition of FAA test pilots and ASIs to the alternate framework 
under the SFAR.
---------------------------------------------------------------------------

    However, the FAA maintains that credit is only appropriate for that 
time in a Level C or higher FFS. As discussed in section IV. C. of this 
preamble, the FAA described that a Level C FFS provides the minimum 
level of fidelity and motion cueing to replicate the environment for 
the time in which a pilot would normally be logging PIC time in the 
aircraft.\214\ FFSs qualified below a Level C FFS are typically not 
qualified for takeoff, landing, and taxi tasks for initial pilot 
training and have less stringent system latency requirements, 
ultimately resulting in slower responsiveness of the simulation, 
reduced visual system fields of view, and no minimum requirements for 
daylight or dusk visual scenes. These differences contribute to a lower 
level of fidelity of the simulation that would result in an overall 
lower level of immersion during a simulation event. Therefore, the FAA 
declines to broaden credit to Level A and B FFSs.
---------------------------------------------------------------------------

    \214\ This rule does not preclude an applicant from crediting 
aeronautical experience as allowed in Sec.  61.129(i) toward a 
powered-lift rating. The FAA is allowing PIC aeronautical experience 
to be conducted in a Level C FFS or higher.
---------------------------------------------------------------------------

    Further, the FAA disagrees that FTDs would be adequate to warrant 
credit for PIC aeronautical experience at this time because an FTD 
meets lower thresholds than an FFS when qualified in accordance with 
part 60, resulting in a device characterized by a lower level of 
immersion and fidelity than that characterized in a Level C FFS or 
higher. Most levels of FTDs do not require a visual system and are not 
qualified to conduct takeoff, landing, and taxi training tasks, 
limiting their effective use for gaining PIC aeronautical experience. 
Without a visual display system, the PIC is unable to replicate 
taxiing, takeoffs, landings, and other aspects of a full flight in the 
aircraft which require a visual representation outside the aircraft. 
These are necessary tasks that would normally be conducted during a 
pilot's accumulation of PIC experience.
    A Level 7 FTD is the only level of FTD that has a minimum 
qualification requirement for a visual display system. However, while a 
Level 7 FTD does have a visual display system and would be able to 
provide the necessary visual representations, unlike a Level C FSS or 
higher, a Level 7 FTD does not require a motion system. Therefore, the 
Level 7 FTD is not capable of replicating the spatial orientation a 
pilot would experience in the aircraft. Spatial orientation is the 
natural ability to maintain body orientation or posture in relation to 
a surrounding environment at rest and during motion. Humans inherently 
maintain spatial orientation on the ground, so the three-dimensional 
environment of flight is unfamiliar to the human body and creates 
sensory conflicts and illusions that make spatial orientation difficult 
to achieve in certain scenarios. As such spatial orientation is an 
important part of the environment a pilot experiences during flight and 
is an important part of the experience gained through training due to 
the risks of spatial disorientation during flight.\215\ Training 
devices that do not utilize a motion queuing system are not able to 
replicate the unique environment in which the human body experiences 
sensory conflicts due to being aloft in a three-dimensional 
environment. Training in a Level C FFS or higher provides these 
important environmental experiences. Therefore, because of these 
differences and the concerns regarding pilot immersion, the FAA is 
retaining the requirement for a Level C or higher FFS to be utilized 
toward the PIC aeronautical experience.\216\
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    \215\ See FAA Aeromedical Safety Brochure, Spatial 
Disorientation: Why You Shouldn't Fly By the Seat of Your Pants; FAA 
Medical Brochure Visual Illusions. Available at www.faa.gov/pilots/safety/pilotsafetybrochures.
    \216\ The FAA notes that use of a flight training device or 
flight simulator is still available as permitted in Sec.  61.129(i). 
The ability to credit time spent in a Level C or higher FSS toward 
PIC time in a powered-lift would apply only to applicants utilizing 
the alternate experience requirements contained in Sec.  194.216(b).
---------------------------------------------------------------------------

    If industry can formulate an equivalent training footprint due to 
advancements in technology, the FAA would consider it at a future date. 
However, currently there are not sufficient levels of advancement in 
technology for the FAA to approve a lower qualified FSTD toward the 
requirements in this SFAR to be

[[Page 92352]]

incorporated into the FAA's developed training footprint. The FAA notes 
that should advancements in technology warrant any further relief, a 
sponsor of such a device could petition the FAA for exemption in 
accordance with part 11.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience 
and Logging Requirements for a Powered-lift Category Rating
    Several manufacturers are currently pursuing a type certificate for 
powered-lift, which requires developmental and certification flight 
tests to establish the aircraft meets the applicable certification 
standards pursuant to Sec.  21.35.\217\ To facilitate certification 
activities, manufacturers utilize test pilots who design, develop, and 
test the aircraft's systems and components. Additionally, manufacturers 
use instructor pilots to develop and validate the training for the 
experimental powered-lift.\218\ The duties that these instructor pilots 
and test pilots perform exceed those of a pilot operating in a normal 
flight environment, which results in these test pilots and instructor 
pilots gaining significant experience in a particular powered-lift and 
intricate knowledge of the aircraft's systems and components. 
Therefore, the FAA proposed alternate experience requirements for 
qualifying test pilots and instructor pilots at an OEM to create an 
initial cadre of powered-lift pilots in proposed Sec. Sec.  194.217 and 
194.219.\219\ The FAA determined these individuals would hold the most 
experience due to their issuance of an LOA to act as PIC during 
experimental aircraft operations, development of manufacturer's 
training program, and intricate knowledge of the aircraft's systems and 
components.\220\
---------------------------------------------------------------------------

    \217\ To facilitate flight tests for a non-certificated 
aircraft, the FAA issues an experimental certificate to the aircraft 
for research and development and showing compliance with the FAA's 
regulations. See Sec.  21.191.
    \218\ In this case, an experimental certificate is issued for 
the purpose of crew training. See Sec.  21.191.
    \219\ Specifically, under Sec. Sec.  194.217(a) and 194.219(a), 
as adopted, the flights must be conducted in an experimental 
powered-lift at the manufacturer and the test pilots and instructor 
pilots must be authorized by the Administrator to act as PIC of the 
experimental powered-lift.
    \220\ See section V.G.i.d. of this preamble for the addition of 
FAA test pilots and ASIs to the alternate framework adopted by this 
final rule.
---------------------------------------------------------------------------

    A4A supported this proposed approach to providing an alternate 
pathway for powered-lift pilot certification. A4A emphasized that using 
manufacturer pilots to develop necessary crew training would provide 
the best option for the initial cadre of powered-lift flight 
instructors and supported amendments to better meet the challenges of 
introducing a new category of aircraft. AWPC stated that the proposed 
SFAR provides a reasonable alternate pathway for OEM test pilots and 
instructor pilots. This section first adjudicates broader comments 
pertaining to test pilots and instructor pilots. The subsequent 
sections discuss each of the proposed alternate requirements and 
respond to related comments.
    Eve generally opposed the SFAR proposal for the certification of 
test pilots and instructor pilots, partially on the basis of urging the 
FAA to align with ICAO Annex 1, section 2.1.1.4. Additionally, Eve 
stated the FAA should recognize the experience and duties of instructor 
and test pilots and authorize these pilots to (1) deliver training to 
FSB pilots and the initial cadre of instructors in part 141, 142, and 
135 training programs \221\ and (2) receive the powered-lift type 
rating automatically. Eve also disagreed with the proposal to permit 
test pilots to be trained by the instructor pilot as unreasonable on 
the premise that once a powered-lift category rating is not required 
(i.e., if the FAA eliminated the category rating and fully aligned with 
ICAO Annex 2.1.1.4 in this final rule), it would be nonsensical to 
require the instructor pilot to train the test pilot. Additionally, an 
individual commenter stated that the FAA's allowance for manufacturers' 
test pilots to function as an instructor pilot could be problematic if 
they do not understand broader issues related to the nuances of 
powered-lift operations and operating multi-engine machines close to 
the ground in complex aerodynamic environments.
---------------------------------------------------------------------------

    \221\ The FAA notes that test pilots and instructor pilots would 
be the persons providing training to the FSB pilots and initial 
cadre of instructors in parts 141, 142, and 135 training programs 
under proposed Sec. Sec.  194.221, 194.223, 194.229, and 194.231.
---------------------------------------------------------------------------

    First, this final rule does not implement ICAO Annex 1, section 
2.1.1.4 for those reasons stated in section V.A. of this preamble. In 
this SFAR, the FAA sought to leverage the experience and duties of test 
pilots and instructor pilots to create an initial cadre of powered-lift 
pilots because these individuals are the most qualified initially given 
their significant experience in a particular powered-lift and intricate 
knowledge of the aircraft's systems and components. However, the FAA 
does not agree that granting a rating automatically on the basis of a 
test pilot or instructor pilot's duties, responsibilities, and 
experience would be appropriate without demonstration of proficiency on 
a practical test.
    Although these instructor pilots and test pilots have significant 
experience as part of the pilots' duties for the manufacturer, the 
practical test serves as a necessary assessment to ensure proficiency 
in the skills required to operate an aircraft in the NAS. In addition 
to the foundational element of establishing a pilot meets baseline 
proficiency standards, the practical test, which aligns with the 
applicable ACS, may subject a pilot to a skill or tasks that the pilot 
would experience in the NAS, but may not necessarily experience in the 
pilot's day-to-day operations as an instructor pilot or test pilot at 
the manufacturer. In other words, the practical test is essential to 
ensuring every pilot within the NAS has demonstrated the same 
knowledge, skill, and ability to operate the aircraft in many different 
scenarios. Most applicants for a certificate or rating are not excepted 
from a practical test, regardless of the pilot's experience or 
professional position, and instructor pilots and test pilots for 
powered-lift should not be treated differently.\222\ For these reasons, 
the FAA has determined that the test pilots and instructor pilots must 
still demonstrate proficiency on a practical test to receive a rating 
under part 61. The FAA notes that FAA FSB members are equally subject 
to the practical test requirements to obtain an LOA and subsequent type 
rating once the type rating is established.\223\
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    \222\ The FAA notes that there are limited circumstances that an 
applicant may apply for a pilot certificate without taking a 
practical test. Pursuant to Sec.  61.73, an applicant may apply on 
the basis of his or her military pilot qualifications and receive a 
commercial pilot certificate with appropriate aircraft category, 
class, instrument rating and type rating so long as the pilot has 
received this qualification in the Armed Forces and presents 
evidentiary documentation in accordance with Sec.  61.73(b) and (h). 
The FAA allows for this to be conducted without a practical test 
because applicants in accordance with Sec.  61.73 accomplish 
extensive flight training and checking in the respective aircraft 
they receive qualification in for the Armed Forces. If a civilian 
equivalent of a powered-lift utilized by the Armed Forces emerges, 
an applicant could be granted the type rating without a practical 
test as well, as long as the powered-lift has been recognized to be 
comparable in FAA Order 8900.1, Volume 5, Chapter 2, Section 19, 
Table 5-88. Similarly, pursuant to Sec.  61.75, an applicant may 
apply for a private pilot certificate if that person meets the 
requirements of Sec.  61.75, holds a foreign pilot license without 
an ICAO limitation, holds a medical certificate under part 67, and 
is able to read, speak, write, and understand the English language. 
The FAA recognizes that an applicant who holds a pilot certificate 
granted in accordance with their country's respective CAA have also 
trained and tested to receive their foreign certificate. Therefore, 
an applicant may forgo a practical test, but only to receive a U.S. 
private pilot certificate.
    \223\ Additionally, the FAA notes a challenge for these pilots: 
under Sec.  61.51(e) they are unable to log time in which they act 
as PIC in accordance with an LOA issued by the FAA because they 
don't hold the powered-lift category on their respective pilot 
certificates. In this SFAR, the FAA alleviates this challenge by 
leveraging the experience gained by test pilots, instructor pilots, 
and ASIs acting as PIC in accordance with an LOA for a powered-lift 
that is in the experimental phase of its type certification by 
permitting those pilots to log this time as PIC flight time toward 
ratings required by part 61.

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[[Page 92353]]

a. Aeronautical Experience Requirements Concerning Training (Sec.  
61.129(e)(3))
    Currently, Sec.  61.129(e)(3) requires an applicant for a powered-
lift category rating to log at least 20 hours of training from an 
authorized instructor, as defined in Sec.  61.1, on the areas of 
operation listed in Sec.  61.127(b)(5). A test pilot and an instructor 
pilot at the manufacturer will possess extensive experience with the 
powered-lift; however, their flight time would not be considered to 
meet paragraph (e)(3) because they would not receive the flight 
training from an authorized instructor. Therefore, the FAA proposed 
alternate provisions set forth by Sec. Sec.  194.217(b)(1) and (2) and 
194.219(b)(1) and (2). The provisions are adopted as proposed.
    First, a test pilot will be permitted to meet the 20 hours of 
training on the areas of operation in Sec.  61.127(b)(5) in an 
experimental powered-lift at the manufacturer with an instructor pilot 
rather than with an authorized instructor in Sec.  194.217(b).\224\ 
Likewise, the instructor pilot who provides the proposed training 
curriculum will be permitted to credit the time providing the training 
toward Sec.  61.129(e)(3) pursuant to Sec.  194.219(b). In both cases, 
the manufacturer's proposed training curriculum would be required to 
include 20 hours of training on the areas of operation set forth in 
Sec.  61.127(b)(5), aligning with the corresponding requirement in 
Sec.  61.129(e)(3). To verify the training, Sec.  194.217(b)(1)(ii) 
will require the test pilot to receive a logbook or training record 
endorsement from the instructor pilot certifying that the test pilot 
satisfactorily completed the training curriculum. Similarly, Sec.  
194.219(b)(1)(ii) will require the instructor pilot to receive an 
endorsement from a management official within the manufacturer's 
organization certifying that the instructor pilot has provided the 
manufacturer's proposed training curriculum to a test pilot on the 
areas of operation listed in Sec.  61.127(b)(5).
---------------------------------------------------------------------------

    \224\ Consistent with the current prohibition in Sec.  
61.195(i), which prohibits a flight instructor from making any self-
endorsements for a certificate, rating or practical test, the FAA 
finds it would be inappropriate to permit the instructor pilot to 
make a self-endorsement.
---------------------------------------------------------------------------

    Relatedly, Sec.  61.129(e)(3)(iv) requires an applicant to log at 
least 3 hours in a powered-lift with an authorized instructor in 
preparation for the practical test within the preceding two calendar 
months from the month of the test; the lack of authorized instructors 
as defined in part 61 creates the same problem as previously discussed. 
To enable the test pilot or instructor pilot to take the practical test 
after completing or providing the manufacturer's proposed training 
curriculum, Sec. Sec.  194.217(b)(2) and 194.219(b)(2) will permit the 
preparation for a practical test to be completed with an instructor 
pilot rather than an authorized instructor, as required by part 61. 
While the test pilot would receive the three hours from an instructor 
pilot, an instructor pilot would be required to receive the three hours 
from another instructor pilot. To enable the examiner to verify that 
the applicant received the preparation for the practical test, the 
applicant would be required to receive a logbook endorsement under 
Sec.  61.123(e)(2). Section 194.213 will permit the applicant to obtain 
such endorsement from an instructor pilot rather than from an 
authorized instructor (see section V.F. of this preamble for additional 
discussion on Sec.  194.213).
    Lilium opposed the proposed requirement for test pilots to be 
qualified by a manufacturer instructor pilot following the completion 
of 20 hours of training in accordance with the manufacturer's proposed 
training curriculum.\225\ Lilium contended the additional training 
would be unnecessary and add undue time and cost to the development 
process. Lilium stated that, instead, the FAA should consider adoption 
of the test pilot qualification requirement set forth by EASA FCL.725, 
paragraph (e), which permits test pilots involved in the development, 
certification, or production flight tests for an aircraft type to apply 
for the relevant type rating after completing either 50 hours of total 
flight time or 10 hours of flight time as PIC on test flights.
---------------------------------------------------------------------------

    \225\ Additionally, Lilium recommended that the FAA amend Sec.  
61.129(e)(3)(iv) to permit the three hours of preparation for the 
practical test to be conducted in an FSTD for all pilot populations 
under the SFAR. Lilium did not provide any rationale for such relief 
outside of referencing that Sec.  61.129(e)(3)(iv) would inherently 
require dual controls in the aircraft. The FAA addresses powered-
lift with single controls and Lilium`s recommendation in section 
V.D. of this preamble.
---------------------------------------------------------------------------

    The FAA notes that the 20 hours of training time set forth by Sec.  
61.129(e)(3) could be concurrently accomplished within the testing 
program of developing a powered-lift to meet requirements outlined in 
the type certification process, not necessarily following the 
completion of a manufacturer's proposed training curriculum. 
Additionally, the FAA noted in the NPRM that the SFAR would permit 
pilots to retroactively log time that meets the criteria adopted by 
this final rule. Therefore, a pilot could log all time within the life 
of the pilot's career as a powered-lift instructor or test pilot that 
meets the requirements in this final rule for a commercial pilot 
certificate with a powered-lift category rating and the applicable type 
rating. While powered-lift are currently in various stages of 
development and testing, the FAA finds that 20 hours of training 
consisting of the areas of operation required for all applicants for a 
commercial pilot certificate does not constitute an undue burden in the 
consideration of (1) the role of a powered-lift manufacturer in 
developing associated training curriculum in general and (2) a test 
pilot or instructor pilot's expected career at a manufacturer. 
Therefore, the FAA finds these considerations negate Lilium's assertion 
that additional time would result in a substantial time and cost 
burden.
    The FAA does not find EASA's provision FCL.725(e) to be similarly 
situated to the existing FAA's test pilot framework or the alternate 
requirements set forth by the SFAR. EASA stipulates in FCL.725 that 
pilots holding a flight test rating issued in accordance with FCL.820 
who were involved in development, certification, or production flight 
tests for an aircraft type, and have completed either 50 hours of total 
flight time or 10 hours of flight time as PIC on test flights in that 
type, shall be entitled to apply for the issue of the relevant type 
rating, provided that they comply with the experience requirements and 
the prerequisites for the issue of that type rating, as established in 
FCL subpart H (Class and Type Ratings) for the relevant aircraft 
category.
    FCL.820 outlines the requirements for a flight test rating. Under 
EASA regulations, pilots may only act as a PIC in certain category 1 or 
2 flight tests if they hold a flight test rating.\226\ Applicants for 
the first issuance of a flight test rating must also (1) hold at least 
a commercial pilot license (CPL) and an instrument rating (IR) in the 
appropriate aircraft category, (2) have completed at least 1,000 hours 
of flight time in the appropriate aircraft category, of which at least 
400 hours must have been as PIC, and (3) complete a training course at 
an EASA-approved training program appropriate to the intended

[[Page 92354]]

aircraft and category of flights.\227\ Therefore, these pilots already 
have this base level of flight proficiency before FCL.725 provisions 
for a type rating apply, which far surpass the requirements in part 61 
for the issuance of an initial pilot certificate with powered-lift 
category rating. For example, to gain this experience in airplanes, 
Alternate Means of Compliance (AMC1) FCL.820 states that competency-
based courses should include 350 hours of ground training, 100 hours of 
flight test training of which 15 flights should be made without an 
instructor on board. Additionally, the curriculum should include 
elements on theoretical knowledge, flight test techniques and flight 
training.\228\
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    \226\ FCL.820(a) and (b).
    \227\ FCL.820(d).
    \228\ AMC1 FCL.820(d), Condition 1 courses for aeroplanes.
---------------------------------------------------------------------------

    The FAA contends that implementing the requirements of FCL.820 
would result in extensively more burdensome requirements than the FAA's 
alternate means of compliance for a test pilot (and instructor pilot) 
to obtain powered-lift ratings in this SFAR. The FAA's test pilot 
framework differs from that of EASA's in that while a part 141 school 
has guidelines for test pilot training in appendix K to part 141, that 
training does not result in a flight test pilot rating. Therefore, if 
the FAA were to align its approach with the requirements of FCL.725(e), 
the FAA would need to require significantly more ground and flight 
training of the test pilot and instructor pilot than is currently 
afforded in this SFAR.
b. Aeronautical Experience Requirements Involving Time Performing the 
Duties of PIC in Experimental Powered-Lift (Sec.  61.129(e)(4))
    Section 61.129(e)(4) currently requires an applicant for a powered-
lift category rating to obtain either 10 hours of solo flight time in a 
powered-lift under an endorsement from an authorized instructor or 10 
hours of flight time performing the duties of PIC in a powered-lift 
with an authorized instructor onboard. Either of these flight times may 
be credited toward the flight time requirement in Sec.  61.129(e)(2), 
which requires 100 hours of PIC flight time. As previously discussed, 
the requirement for an authorized instructor defined under part 61 
presents a problem for test pilots and instructor pilots; therefore, 
the FAA proposed Sec. Sec.  194.217(b)(3) and 194.219(b)(3), with no 
comments received. The provisions are adopted as proposed.
    Therefore, to preserve the option of obtaining solo flight time, 
Sec. Sec.  194.217(b)(3) and 194.219(b)(3) will allow test pilots and 
instructor pilots to obtain the solo endorsement from an instructor 
pilot in lieu of an authorized instructor. Additionally, test pilots 
and instructor pilots will be permitted to complete the 10 hours of 
flight time performing the duties of PIC in an experimental powered-
lift with a person other than an authorized instructor onboard. 
Specifically, under Sec.  194.217(b)(3) (for test pilots), another test 
pilot or an instructor pilot who is authorized by the Administrator to 
act as PIC of the experimental powered-lift may be onboard. Under Sec.  
194.219(b)(3) (for instructor pilots), a test pilot, another instructor 
pilot who is authorized by the Administrator to act as PIC of the 
experimental powered-lift, or an FAA test pilot or ASI may be onboard.
c. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.129(e)(2))
    Section V.F.2. of this preamble discusses the reduction in PIC 
flight time under the provisions of this SFAR, which is applicable to 
test pilots and instructor pilots. Section 61.129(e)(2) prescribes 100 
hours of PIC flight time, which includes at least 50 hours in a 
powered-lift.\229\ Under Sec.  61.51(e)(1), in pertinent part, a pilot 
may only log PIC time when the pilot is the sole manipulator of the 
controls of an aircraft for which the pilot is rated (category, class, 
and type rating, if appropriate) or is the sole occupant of the 
aircraft. As discussed in the NPRM, these provisions present challenges 
for the key population of test and instructor pilots.\230\ As it 
pertains to test pilots, the test pilot would be precluded from logging 
time under the first option because the pilot would not be 
appropriately rated. Further, the test pilot would be precluded from 
logging PIC time under the second option because the test pilot may not 
be the sole occupant of the powered-lift when conducting operations for 
conducting research and development or showing compliance with the 
regulations \231\ or the powered-lift may require two pilot flightcrew 
members. As it pertains to instructor pilots, under Sec.  61.51(e)(3), 
a flight instructor may log PIC flight time for all flight time while 
serving as the authorized instructor in an operation if the instructor 
is rated as PIC of that aircraft. However, the manufacturer's 
instructor pilot would not be an authorized instructor pursuant to part 
61.
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    \229\ Sec.  61.129(e)(2)(i).
    \230\ 88 FR 38946 at 38969 (June 14, 2023).
    \231\ The ``sole occupant'' provision is intended to recognize 
the solo flight time that is required under the aeronautical 
experience requirements for certificates and ratings. Because 
student pilots seeking an initial category and class rating or 
certificated pilots who are adding a new rating to their pilot 
certificate are not yet rated, this section recognizes this solo 
time as PIC time without the pilot having to be rated in the 
aircraft. Section 61.31(d)(2) permits pilots to act as PIC of an 
aircraft when not rated in the aircraft provided they have received 
the required training that is appropriate to the pilot certification 
level, aircraft category, class, and type rating (if a class or type 
rating is required) for the aircraft to be flown and have received 
an endorsement for solo flight in that aircraft from an authorized 
instructor.
---------------------------------------------------------------------------

    Considering the various functions a test pilot performs during the 
course of their duties (e.g., test flights, filing flight plans, 
conducting departures and instrument approaches, etc.) and accounting 
for an instructor pilot's duties and responsibilities (e.g., 
developing, validating, and delivering the manufacturer's proposed 
training curriculum), the FAA proposed alternate logging requirements 
in Sec.  194.217(c) for test pilots and in Sec.  194.219(c) for 
instructor pilots. The FAA did not receive any comments to these 
provisions. This final rule adopts these provisions as proposed (in 
addition to the reduction in PIC flight time in a powered-lift as 
described in section V.F.2. of this preamble). Therefore, Sec.  
194.217(c) will permit the test pilots to log PIC flight time for 
flights when they are the sole manipulator of the controls of the 
experimental powered-lift despite the fact that they are not rated in 
the aircraft. The test pilot must act as PIC of the experimental 
powered-lift in accordance with an LOA issued by the Administrator and 
the flight must be conducted for the purpose of research and 
development or showing compliance with the regulations in accordance 
with the powered-lift's experimental certificate. Similarly, Sec.  
194.219(c) will permit the instructor pilots to log PIC flight time for 
flights when they are serving as an instructor pilot for the 
manufacturer of an experimental powered-lift for which the pilot is not 
rated. The instructor pilot must act as PIC of the experimental 
aircraft in accordance with an LOA issued by the Administrator and the 
flight must be conducted for the purpose of crew training in accordance 
with the powered-lift's experimental certificate.
d. FAA Test Pilots and FAA ASIs
    As discussed in section V.A. of this preamble, the FAA adopts the 
requirement that pilots hold a type

[[Page 92355]]

rating for the powered-lift the pilot seeks to operate. Accordingly, 
FAA test pilots and ASIs are subject to the same pilot certification 
requirements. However, as written, the SFAR would preclude an FAA test 
pilot or ASI from using the same flexibilities that manufacturer test 
pilots and instructor pilots may use.
    At this time, the manufacturers' test pilots and instructor pilots 
are the only pilots who have significant experience operating the 
civilian powered-lift that are planning to come to market. Similarly, 
the FAA employs test pilots and ASIs involved in the certification 
process for manufacturers that are pursuing a type certificate in a 
powered-lift. FAA test pilots and ASIs play a significant role in the 
type certification of newly designed aircraft, powered-lift included, 
without which new entrant aircraft would not be able to enter civil 
operations. These individuals employed by the FAA are also issued 
authorizations to operate the aircraft, intricately involved in 
development of the manufacturer's training program, and acquire 
significant experience and knowledge in the particular powered-lift to 
facilitate the type certification process.
    FAA test pilots are pilots employed by the FAA who facilitate type 
certification of the performance, stability, and control requirements 
of new or modified aircraft. FAA test pilots enable the type 
certification compliance and certification process through flight 
testing of avionics, propulsion, and mechanical/electrical systems, as 
well as other equipment installations on aircraft to which they are 
assigned. An FAA test pilot also participates as a subject matter 
expert on type certification board meetings with the manufacturer, 
flight safety review board meetings, and FSBs, as necessary. Through 
qualitative and quantitative flight tests and evaluation of engineering 
data on modified and new type design, the FAA test pilots oversee and 
ensure compliance with applicable airworthiness requirements eventually 
culminating in the type certification of an aircraft. In addition to 
these duties, FAA test pilots maintain a high level of pilot 
proficiency and currency in categories and classes of aircraft for the 
projects they are assigned. Currently, there are a small number of FAA 
test pilots who hold powered-lift category ratings.
    Similarly, ASIs are employed by the FAA and maintain involvement 
early in the type certification process of new aircraft. These ASIs 
evaluate detailed flight characteristics of aircraft certification 
projects to establish training requirements for FAA operations 
inspectors responsible for evaluating and approving training programs 
set forth by the manufacturer. ASIs develop a detailed knowledge of the 
aircraft's systems to ensure operational safety of the aircraft through 
the training program. Like FAA test pilots, FAA ASIs also serve as 
members of type certification boards and advisors to aircraft 
certification on flight operations problems regarding newly designed 
aircraft being type certificated and introduced into revenue service. 
Other duties of inspectors include recommending amendments to proposed 
manufacturer crew training, participating in the development of 
approved AFMs, and representing flight standards in conducting 
operational suitability flight evaluations.
    Therefore, FAA test pilots and ASIs possess unique experience 
parallel to that of a manufacturer's test pilots that merits their 
inclusion in the alternate experience requirements to receive a 
powered-lift category, instrument, and type rating. While the FAA did 
not initially propose to extend the SFAR to this population, the FAA 
finds it necessary to facilitate FAA test pilots and ASIs performing 
official job functions to receive a pilot certificate with a powered-
lift category rating to support the pipeline of powered-lift 
certification.
    Accordingly, this final rule makes several minor revisions in 
Sec. Sec.  194.203, 194.217, and 194.219 to add FAA test pilots and 
ASIs into the alternate SFAR framework to obtain a commercial pilot 
certificate with a powered-lift category rating. Additionally, the FAA 
adds a definition of ``FAA test pilot'' and ``aviation safety 
inspector'' to Sec.  194.103. The FAA notes that FAA test pilots and 
FAA ASIs are added into the provisions facilitating an alternate 
framework to obtain an instrument-powered-lift rating, however, those 
provisions are discussed in section V.F of this preamble.
    First, to define the exact population of FAA pilots that may use 
the alternate framework, the FAA adopts two new definitions in Sec.  
194.103 for the purpose of part 194. Specifically, an ``aviation safety 
inspector'' will be defined as a pilot employed by the FAA to conduct 
operations of a powered-lift for the purpose of establishing a type 
rating in that particular powered-lift under part 21, as appropriate. 
Similarly, an ``FAA test pilot'' will be defined as a pilot employed by 
the FAA to conduct operations of a powered-lift for the purpose of 
establishing a design approval that leads to an aircraft type 
certificate for that particular powered-lift under part 21. These 
narrowly scoped definitions function to ensure the FAA pilot utilizing 
the relief is performing official FAA job duties and will have 
experience and familiarity specific to the type of powered-lift for 
which the pilot will seek a type rating, parallel to that experience 
expected of a manufacturer's test pilots and instructor pilots.
    Next, Sec.  194.203 sets forth alternate qualification requirements 
for certain flight instructors. This section provides that, in addition 
to the provisions specified in Sec.  61.3(d)(3), a flight instructor 
certificate issued under part 61 is not necessary to conduct flight 
training if the training is given by an instructor pilot in a powered-
lift at the manufacturer, provided the training is conducted in 
accordance with the manufacturer's training curriculum and is given to 
either (1) a test pilot, or (2) certain persons authorized by the 
Administrator for the purpose of training in a powered-lift training 
program.\232\ Because FAA test pilots and ASIs will receive training 
during the type certification process through their testing, 
compliance, and evaluation flights, this final rule adds FAA test 
pilots and ASIs to the population covered by Sec.  194.203(a) in new 
paragraph (a)(3). The FAA test pilot or ASI may only receive training 
from an instructor pilot without a part 61 flight instructor 
certificate if received for the purpose of establishing a type rating 
in a powered-lift as part of the FAA ASI's official job functions or 
for the purpose of establishing a design approval that leads to an 
aircraft type certificate for that particular powered-lift under part 
21 as part of the FAA test pilot's official job functions.
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    \232\ Specifically, an initial check pilot, chief instructor, 
assistant chief instructor, or training center evaluator for the 
purpose of initiating training in a powered-lift under an approved 
training program under part 135, 141, or 142. This final rule adopts 
the section as proposed, as discussed in section V.G. of this 
preamble.
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    Additionally, Sec.  194.213 provides alternate endorsement 
requirements for certain persons seeking a powered-lift rating. 
Specifically, Sec.  194.213(a) permits an instructor pilot or a 
management official to provide endorsements to certain persons. To 
account for FAA test pilots and ASIs, the FAA adds new paragraph 
(a)(1)(iii), which permits a manufacturer's instructor pilot to provide 
an FAA test pilot or FAA ASI the required logbook or training record 
endorsements under parts 61 and 194 for a commercial pilot certificate 
with a powered-lift category rating, an instrument-powered-lift rating, 
a powered-lift type rating, or a flight

[[Page 92356]]

instructor certificate with powered-lift ratings. Again, the FAA test 
pilot or ASI must be performing official job functions for the purposes 
delineated in the respective definition to utilize the alternate 
requirement.
    As the preceding sections have detailed, Sec.  194.217 provides the 
alternate aeronautical experience and logging requirements for a 
commercial pilot certificate with a powered-lift category rating 
specifically for manufacturer test pilots. As stated, the FAA proffers 
the alternate requirements for test pilots to extend to FAA test pilots 
and ASIs. Therefore, the FAA adds this population of pilots in Sec.  
194.217 through revisions in paragraphs (a), (b), (b)(1), (b)(1)(ii), 
(b)(2) through (b)(4), and (c)(1), and a new paragraph (a)(3). The FAA 
notes that Sec.  194.217(b)(3) permits the aeronautical experience 
requirement in Sec.  61.129(e)(4) by logging at least 10 hours of solo 
flight time under an endorsement from an instructor pilot or by 
performing the duties of PIC in an experimental powered-lift with a 
test pilot or an instructor pilot onboard. While the regulation would 
permit another test pilot to be onboard the flight with a test pilot 
performing the duties of PIC in an experimental powered-lift, the FAA 
is not adopting a parallel provision to permit a FAA test pilot or ASI 
to be on board a flight with another FAA test pilot or ASI performing 
the duties of PIC.
    The FAA contemplated this alternative option but did not find this 
to be in the interest of safety. The instructor pilot and test pilots 
from the manufacturer are the most knowledgeable in the aircraft. 
Ensuring that instructor pilots or test pilots from the manufacturer 
are on board the flight with an FAA test pilot or ASI ensures that a 
pilot with significant experience and knowledge on that OEM's powered-
lift is performing the duties of PIC, thereby ensuring an equivalent 
level of safety. Additionally, the FAA makes two conforming amendments 
to Sec.  194.219, which sets forth the alternate aeronautical 
experience and logging requirements for a commercial pilot certificate 
with a powered-lift category rating for instructor pilots, as an 
outgrowth of the inclusion of FAA test pilots and ASIs.
    First, one criteria for an instructor pilot to meet the alternate 
requirements for Sec.  61.129(e)(3) and (4) requires the instructor 
pilot to have provided the manufacturer's proposed training curriculum 
to a test pilot, within certain parameters. Because FAA test pilots and 
ASIs will receive the proposed training curriculum from an instructor 
pilot, the FAA revises Sec.  194.219(b)(1)(i) to include this 
population of pilots in the criteria as applicants an instructor pilot 
could receive credit for delivering the training program. Second, this 
final rule adds FAA test pilot and ASIs to the group of persons 
permitted to be onboard the experimental powered-lift while an 
instructor pilot performs the duties of PIC to satisfy the aeronautical 
experience requirement in Sec.  61.129(e)(4), which is set forth in new 
Sec.  194.219(b)(3)(iii).
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and 
Logging Requirements for Powered-Lift Category Ratings
    As acknowledged in the NPRM,\233\ the alternate experience and 
logging requirements for test pilots and instructor pilots would enable 
individuals to obtain powered-lift ratings on their pilot certificates. 
However, the FAA found that those alternate requirements alone would be 
insufficient to develop enough personnel to support training in a 
powered-lift in an approved training program under part 135, 141, or 
142.
---------------------------------------------------------------------------

    \233\ 88 FR 38970 (June 14, 2023).
---------------------------------------------------------------------------

    The FAA did not propose relief to the qualifications required of 
persons who provide training and checking for an approved training 
curriculum under parts 135, 141, and 142 (i.e., part 135 check pilots, 
part 141 assistant chief instructors and chief instructors, and part 
142 training center evaluators). Specifically, under part 135 and the 
provisions of this final rule, a part 135 check pilot must hold the 
certificates and ratings required to serve as PIC in the aircraft 
(i.e., at least a commercial pilot certificate with a powered-lift 
category rating, instrument powered-lift rating, and appropriate type 
rating).\234\ Under part 141, an assistant chief instructor or chief 
instructor must hold a powered-lift category rating on both their 
commercial pilot certificate and their flight instructor certificate as 
well as a powered-lift type rating on their commercial pilot 
certificate.\235\ A part 142 TCE must hold the certificates and ratings 
in which they are instructing or checking for that aircraft.\236\
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    \234\ See Sec.  135.337(b)(1) and SFAR PROVISION.
    \235\ See Sec. Sec.  141.35(a)(1), 141.36(a)(1), 
141.37(a)(2)(ii).
    \236\ See Sec.  142.47(a)(5).
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    To build the initial cadre of instructors and address these 
obstacles, the FAA's intended framework uses test pilots and instructor 
pilots to build the initial cadre of instructors (e.g., a qualified 
instructor for a part 142 training center), who would then provide 
training under a part 135, 141, or 142 approved training program. To 
facilitate this, the FAA proposed Sec.  194.221(a) to permit persons 
who are authorized to serve as initial check pilots, chief instructors, 
assistant chief instructors, or training center evaluators to receive 
the training for powered-lift ratings at a manufacturer.
    Eve opposed the initial cadre framework proposed by the NPRM, 
stating that training the initial cadre of instructors after the FSB 
process concludes will delay civilian powered-lift operations. Eve 
stated that the FAA's proposal to require flight hours in a 
certificated aircraft is burdensome and unfeasible. Eve emphasized that 
they did not disagree with utilizing test pilots and instructor pilots 
to qualify the initial cadre of instructors but asserted that the FAA 
should allow the initial cadre of instructors to be qualified in 
parallel with the aircraft certification and FSB processes, as is the 
FAA's current practice with the introduction of new aircraft 
types.\237\ UPS FF also contended that requiring a powered-lift to be 
type-certificated before an operator can implement its training program 
would result in an undue financial burden and unnecessary delays in 
developing an initial cadre. Specifically, UPS FF recommended revising 
the SFAR to allow manufacturers to provide instruction to an operator 
prior to type certification, utilizing FAA guidance for the use of 
experimental aircraft for commercial flight instruction.
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    \237\ EVE specifically recommended the FAA follow similar 
processes for initial cadre preparation as is currently the practice 
in accordance with FAA Order 8900.1, Volume 3, Chapter 54, Section 2 
Part 142 Training Centers: Training, Qualification, and Designation 
of Training Center Instructors and Evaluators as well as those set 
forth in Air Transportation Job Task Analysis (AT JTA) 4.1.202 
Conduct a Flight Standardization Board (FSB) Evaluation. EVE noted 
that once a powered-lift category requirement was removed, the FAA 
would be able to follow these two reference guidance documents. The 
FAA notes that regardless of whether a category rating is required, 
this is the current practice that the FAA would follow to 
procedurally accomplish an FSB in a powered-lift. Specifically, in 
regard to ELEMENT 8.3 Receive FSB training., the initial cadre of 
participants of the FSB would be receiving the applicable training 
from the provider and the FAA predicated the alternate experience 
for test pilots and instructor pilots with the expectation that the 
FAA would follow these procedures when conducting an FSB.
---------------------------------------------------------------------------

    The FAA does not find the initial cadre of instructors to be 
similarly situated to test pilots and instructor pilots to warrant an 
equivalent level of relief in the alternate framework. Test pilots and 
instructor pilots at the manufacturer are involved in development and 
testing of prospective aircraft toward the eventual type

[[Page 92357]]

certification of products and airframes. Test pilots and instructor 
pilots have significant experience throughout the production of the 
aircraft and have the background knowledge and skills to conduct 
quantitative and qualitative analysis, identify outcomes that may 
require the manufacturer to redesign or adjust design of aircraft 
components, which therefore results in the applicable flight experience 
necessary to accept a higher level of operating risk because of the 
experimental status of the aircraft. This warrants separate relief from 
that offered to the initial cadre of instructors because the initial 
cadre of instructors will not inherently have the equivalent level of 
experience of a manufacturer's test pilots and instructor pilots (i.e., 
the initial cadre instructor would not have any prior experience in the 
category of powered-lift or intricate knowledge of the powered-lift 
type during its development). The FAA, therefore, adopts Sec.  
194.221(a) as proposed.
    Test pilots and instructor pilots will receive an LOA provided to 
the manufacturer by the FAA to conduct very specific tasks in 
accordance with Sec.  21.191(a), (b), and (c). The FAA would not 
consider issuing an LOA to an initial cadre of instructors unassociated 
with a manufacturer for these very specific purposes because they would 
not be carrying out the purposes of these experimental test flights. 
Once the aircraft is type certificated, the FAA proposed separate 
relief for an initial cadre of instructors to be trained by the 
particular powered-lift experts: test pilots and instructor pilots. 
Combining this responsibility with the duties assigned to the test 
pilots and instructor pilots, and authorized by the LOA, would 
complicate both the type certification and FSB process and the training 
of the initial cadre of instructors due to the fluidity of the aircraft 
and training program at that time.
    Additionally, the FAA finds grouping the initial cadre of 
instructors in with the test pilots and instructor pilots would not be 
in the interest of safety due to the experimental status of the 
aircraft.\238\ The FAA finds it important for the initial cadre of 
instructors to be trained on the type-certificated aircraft as it will 
be available for training, testing, and civilian operations under the 
type certificate and under a more concrete training program. 
Specifically, throughout the type certification process, the aircraft 
may change in design and programming and, likewise, throughout the FSB, 
the proposed training program may be revised. Until a type certificate 
is issued, aircraft design would not be solidified and any changes 
made, as well as associated knowledge of those changes, may not be 
transferred to the base of pilots in the initial cadre that would then 
be responsible for training at their respective certificate holder. For 
example, if an individual intended for the initial cadre of instructors 
trained on a unique handling characteristic, and that handling 
characteristic was modified as an outgrowth of the TC process, the 
individual may not receive the appropriate training for the modified 
characteristic in the fluidity of the powered-lift and training 
program. This differs for test pilot and instructor pilots because of 
their in-depth and firsthand involvement with the development of the 
aircraft and training program and with TC and FSB processes.
---------------------------------------------------------------------------

    \238\ The FAA notes that manufacturers may not support this type 
of access to their powered-lift in the experimental phase to persons 
not under an employment contract, contractor agreements, or 
nondisclosures with the manufacturer for intellectual property and 
proprietary trade secret purposes.
---------------------------------------------------------------------------

    CAE and NBAA expressed concern that the proposal requires initial 
cadre instructors and TCEs to be trained by the manufacturer, which 
gives a significant competitive advantage to manufacturers. CAE and 
NBAA stated that this (1) eliminates the ability for part 142 training 
centers to qualify initial cadre instructors and TCEs by their own 
means, and (2) creates a backlog for training with the potential for 
manufacturers to solely determine who may be trained and when training 
may occur. CAE and NBAA emphasized the burden this would place on 
manufacturers to train in volume to scale the industry.
    First, the FAA disagrees that the proposal reduces the ability for 
air agencies to qualify initial cadre instructors and TCEs by their own 
means as compared to the competitive advantage the manufacturer may 
have. The lack of powered-lift in operations today inherently requires 
the manufacturer to be significantly involved in the certification 
framework. At the onset of powered-lift entering the market, test 
pilots and instructor pilots at the manufacturer will be the only 
qualified individuals to deliver training in the respective OEM's 
powered-lift, which the FAA expects to form the initial foundation of 
pilots. After the initial cadre of instructors for parts 141 and 142 
air agencies is trained, certificate holders may operate within their 
approved training programs. In other words, reliance on the 
manufacturer as the sole training option would significantly lessen 
after certification of the initial cadre of instructors. This is the 
same general concept as the status quo for entrance of new aircraft 
types: at the onset, the manufacturer serves as the most qualified 
individual to train FAA inspectors and test pilots and industry 
personnel, after which industry stakeholders springboard subsequent 
populations of pilots through part 61 training or enrollment at air 
agencies (e.g., parts 141 and 142). Therefore, the FAA does not view 
the alternate framework set forth by the SFAR \239\ as narrowly 
tailored for manufacturers, but rather leverages the current concept 
with facilitating frameworks to achieve initial commercial entrance of 
powered-lift into civilian operations while balancing the interest of 
safety.
---------------------------------------------------------------------------

    \239\ The FAA notes also that other manufacturers have obtained 
part 142 training center certificates and, in some instances, part 
141 pilot school certificates, to facilitate initial training and 
certification in their aircraft. The FAA anticipates that the relief 
provided to the persons who serve as test pilots and instructor 
pilots for powered-lift manufacturers will enable the manufacturers 
to support training and qualification of other training providers' 
personnel.
---------------------------------------------------------------------------

    In sum, when an operator, pilot school, or training center sends an 
individual to the manufacturer for training in a powered-lift, the 
individual would not be fully qualified as a check pilot, chief 
instructor, assistant chief instructor, or training center evaluator 
for powered-lift, but each would be considered a candidate for their 
respective positions.\240\ To ensure an appropriate level of oversight, 
the FAA proposed Sec. Sec.  194.203(a)(2), 194.213(a)(1)(ii), and 
194.221(a)(1), which are adopted herein, permit those individuals who 
are authorized by the Administrator through a temporary letter of 
approval (authorizing the individual to be a candidate for an operator, 
pilot school, or training center for the purpose of establishing 
sufficient qualified personnel) to receive training in a powered-lift 
at the manufacturer. After the individual completes the training 
program, the individual may pursue certification in accordance with 
current practice (e.g., complete a practical test to receive the 
appropriate powered-lift ratings and could obtain a powered-lift 
category rating on their flight instructor certificate in accordance 
with subpart H of part 61), as well as deliver the training curriculum 
under their respective part in accordance with current practice (for 
example, receive a permanent letter of approval to be a check airman 
under part 135 or a TCE under part 142).
---------------------------------------------------------------------------

    \240\ In addition, for part 135 check pilot applicants and part 
142 TCEs, the initial cadre check airmen or initial cadre TCE 
process will apply.

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[[Page 92358]]

a. Aeronautical Experience Requirements Concerning Training (Sec.  
61.129(e))
    The FAA proposed alternate aeronautical experience requirements in 
Sec.  194.221(b) to facilitate training and certification of the 
initial cadre of instructors and overcome similar training obstacles as 
those faced by test pilots and instructor pilots, as previously 
discussed. In sum, certain provisions throughout Sec.  61.129(e) 
require training and flight hours to be conducted with an authorized 
instructor, as defined in part 61, onboard the powered-lift. As with 
test pilots and instructor pilots, the person receiving the 
manufacturer's training from an instructor pilot may not have an 
authorized instructor, as defined in Sec.  61.1, providing the flight 
training or training in preparation for the practical test. 
Notwithstanding the general opposition to the initial cadre framework 
addressed in the previous section, the FAA did not receive comments on 
the specific provisions set forth in Sec.  194.221(a) and (b)(1) 
through (3) to address these obstacles. The FAA adopts these provisions 
as proposed.
    Therefore, Sec.  194.221(b) allows the requisite training to occur 
with an instructor pilot at the manufacturer in lieu of a part 61 
authorized instructor. First, Sec.  194.221(b)(1) will permit the 
individual to satisfactorily complete the manufacturer's training 
curriculum in the powered-lift in place of the requirement in Sec.  
61.129(e)(3), which requires 20 hours of training on the areas of 
operation listed in Sec.  61.127(b)(5) from an authorized instructor. 
The training curriculum must include 20 hours of flight training on the 
areas of operation listed in Sec.  61.127(b)(5) and be provided by an 
instructor pilot at the manufacturer. Additionally, pursuant to Sec.  
194.221(b)(1)(ii), the individual must receive an endorsement in their 
logbook or training record from the instructor pilot certifying that 
the training was completed. Second, Sec.  194.221(b)(2) will permit to 
permit the preparation for the practical test to be completed with an 
instructor pilot rather than an authorized instructor.\241\ Finally, 
Sec.  61.129(e)(4) requires an applicant for a powered-lift category 
rating to obtain either 10 hours of solo flight time in a powered-lift 
or 10 hours of flight time performing the duties of PIC in a powered-
lift with an authorized instructor onboard; the FAA in Sec.  
194.221(b)(3) will permit the instructor pilot to replace the 
authorized instructor in Sec.  61.129(e)(4). Also, as noted earlier, 
Sec.  194.221(a)(2) will require that the flights are conducted in 
type-certificate powered-lift at the manufacturer.
---------------------------------------------------------------------------

    \241\ To the extent that instructor pilots may hold the 
necessary certificates and ratings to be an authorized instructor as 
defined in Sec.  61.1 in a powered-lift, those instructor pilots 
would be able to provide endorsements without need for this relief.
---------------------------------------------------------------------------

b. Alternate Aeronautical Experience Logging PIC Flight Time (Sec.  
61.129(e)(2))
    The FAA proposed alternate logging requirements in Sec.  194.221(c) 
to overcome PIC logging obstacles as set forth in Sec.  61.51(e), 
similar to those faced by test pilots and instructor pilots, as 
previously discussed.\242\ In section V.J. of this preamble, the FAA 
explained that a reduction in PIC time is warranted from 50 hours to 35 
hours. Therefore, the initial cadre of instructors who would train with 
the manufacturer under the SFAR would be required to obtain 35 hours of 
PIC flight time in powered-lift. As discussed, under Sec.  61.51(e)(1), 
a pilot may log PIC time when the pilot is (i) the sole manipulator of 
the controls of an aircraft for which the pilot is rated (category, 
class, and type rating as appropriate), or (ii) the sole occupant of an 
aircraft. The initial cadre of instructors who attend training at a 
manufacturer would not yet be rated in the powered-lift, so they would 
not be able to log PIC time as sole manipulator of the controls. 
Additionally, because the majority of the flight time with the 
manufacturer would consist of training time with an instructor pilot, 
the person would not be able to log this time as PIC time as the sole 
occupant of the powered-lift. The FAA proposed Sec.  194.221(c) to 
address this obstacle; notwithstanding the general opposition to the 
initial cadre framework addressed in the previous section, the FAA did 
not receive comments on this specific provision set forth in Sec.  
194.221(c) Therefore, this final rule adopts these alternate logging 
provisions and reduces the maximum logging time when the pilot is the 
sole manipulator of the controls of a powered-lift for which the pilot 
is not yet rated from 40 hours, as proposed, to 25 hours as 
subsequently discussed.
---------------------------------------------------------------------------

    \242\ As proposed, Sec.  194.221(c) would have allowed an 
applicant for a commercial pilot certificate with a powered-lift 
category rating to log up to 40 hours of the 50 hours of pilot-in-
command flight time required by Sec.  61.129(e)(2)(i).
---------------------------------------------------------------------------

    Specifically, as noted in section V.J of this preamble, the FAA 
reduced the PIC flight time required for all pilots under the SFAR to 
35 hours instead of 50 hours. It, therefore, follows that this 
alternate logging requirement adopted in this final rule would now 
enable persons to log 25 hours of PIC flight time for flights when they 
are obtaining flight training on the areas of operation specified in 
Sec.  61.127(b)(5).\243\ Therefore, to establish the initial cadre of 
persons who would initiate training in a powered-lift in accordance 
with an approved training program under part 135, 141, or 142, Sec.  
194.221(c) will permit those persons who would receive training at the 
manufacturer to log up to 25 hours of PIC flight time toward the 50-
hour requirement during flights when the person is the sole manipulator 
of the controls of the powered-lift for which the person is not rated. 
Pursuant to the conditions adopted in Sec.  194.221(c)(1) through (3), 
the person must be manipulating the controls of the powered-lift and 
performing the duties of PIC with an instructor pilot onboard, and the 
flight must be conducted in accordance with the manufacturer's training 
curriculum.
---------------------------------------------------------------------------

    \243\ As detailed in this section, an applicant for a powered-
lift category rating would be required to obtain either 10 hours of 
solo flight time in a powered-lift or 10 hours of flight time 
performing the duties of PIC in a powered-lift with an authorized 
instructor onboard. Therefore, with the total time being reduced to 
35 hours of PIC, the FAA has likewise adjusted the 40 hours to 25 to 
account for the last 10 hours being conducted as solo or supervised 
by an authorized instructor.
---------------------------------------------------------------------------

    The FAA found that the flight time permitted under the proposed 
alternate requirement would be valuable for the purposes of logging PIC 
flight time for a powered-lift category rating because the pilot would 
be solely manipulating the controls of the powered-lift, thereby 
obtaining experience with its flight and handling characteristics, 
while simultaneously exercising the duties of PIC. By exercising the 
duties of PIC, the pilot would experience increased responsibilities 
during the flight (compared to a typical training flight in an aircraft 
in which they are not yet rated), including heightened decision-making. 
The FAA noted that these pilots would still be required to obtain the 
last 10 hours of PIC flight time as solo flight time under Sec.  
61.51(e).\244\
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    \244\ The solo flight endorsement required under Sec.  
61.31(d)(2) may be provided by an instructor pilot in lieu of an 
authorized instructor in accordance with Sec.  194.213(a).
---------------------------------------------------------------------------

iii. Pilots Receiving Training Under an Approved Training Program
a. Alternate Requirements for a Commercial Pilot Certificate With a 
Powered-Lift Category Rating
    The NPRM acknowledged an obstacle created in Sec.  61.51(e)(1) for 
persons seeking to obtain a powered-lift category rating on their 
commercial pilot certificate outside a manufacturer's training 
curriculum (i.e., under an

[[Page 92359]]

approved training program at a part 135 operator or a part 141 or 142 
air agency). Specifically, pilots would be unable to log PIC flight 
time in a powered-lift in accordance with Sec.  61.51(e)(1)(i) because 
they would not yet be rated in the aircraft. Thus, at the commercial 
pilot level, a person would have to obtain the 50 hours of PIC time 
required by Sec.  61.129(e)(2)(i) as the sole occupant of the powered-
lift under solo endorsements from an authorized instructor. The FAA 
proposed Sec.  194.223(c) to cure this logging obstacle. As 
subsequently discussed, this final rule adopts Sec.  194.223(c) as 
proposed with one minor revision.
    As discussed in section V.F.2. of this preamble as it applies to 
the initial cadre of instructors, the reduction in PIC flight time in a 
powered-lift from 50 hours to 35 hours necessitates an aligning 
reduction in the allowance to log up to 40 hours of PIC flight time 
provided in Sec.  194.223(c). Using the same ratio, this final rule 
reduces 40 hours to 25 hours. An applicant would still be required to 
obtain the remaining 10 hours of PIC time as the sole occupant of the 
powered-lift under an instructor endorsement.
    Therefore, Sec.  194.223(c) will permit certain applicants for a 
commercial pilot certificate with a powered-lift category rating to log 
up to 25 hours of PIC flight time toward the 35-hour requirement during 
flights when the pilot is the sole manipulator of the controls of the 
powered-lift for which the pilot is not rated. Conditions to utilize 
this relief will require (1) the applicant to manipulate the controls 
of the powered-lift with an authorized instructor onboard, (2) the 
applicant to perform the duties of PIC, and (3) the flight to be 
conducted in accordance with an approved training program under part 
135, 141, or 142.\245\ This PIC flight time may be logged when the 
applicant is obtaining flight training on the areas of operation 
specified in Sec.  61.127(b)(5) under an approved part 135, 141, or 142 
training program.
---------------------------------------------------------------------------

    \245\ Training under part 135, 141, or 142 is discussed in more 
detail in section V.G. of this preamble.
---------------------------------------------------------------------------

    An individual commenter questioned whether the 40 hours (now 25 
hours as adopted by this final rule) of flight time would be required 
in every make and model of powered-lift within the powered-lift 
category.
    The FAA notes the PIC flight time required by Sec.  61.129(e) is 
category specific, including Sec.  194.216(a) and certain time within 
Sec.  61.129(e)(2)(ii) as applicable to the powered-lift category, not 
powered-lift type specific. Therefore, an applicant could log time 
gained in multiple powered-lift toward the aeronautical experience, 
given the applicant meets the conditions for logging PIC flight time in 
Sec.  61.51(e)(1)(i) or the alternate logging requirements in Sec.  
194.223(c). In other words, the same general framework to obtain any 
other category or class rating on a commercial pilot certificate would 
apply (e.g., to obtain an airplane single-engine rating, an applicant 
must log at least 100 hours of PIC flight time, which includes at least 
50 hours in airplanes, pursuant to Sec.  61.129(a)(2); the regulation 
does not specify the class or type of airplane).
b. Use of a Full Flight Simulator for PIC Time for a Commercial Pilot 
Certificate With a Powered-Lift Category Rating
    The FAA proposed in Sec.  194.223(d) to permit an applicant for a 
commercial pilot certificate with a powered-lift category who is 
accomplishing training under an approved program under part 135, 141, 
or 142 to credit a maximum of 15 hours obtained in an FFS toward the 
50-hour PIC flight time requirement in Sec.  61.129(e)(2)(i), provided 
the aeronautical experience was obtained performing the duties of PIC 
in a Level C or higher FFS that represents the powered-lift category. 
Many commenters urged the FAA to provide further credit for simulator 
training or expand the scope of FSTD for credit. Because the FAA 
expands this credit to the broader group of pilots in Sec.  194.216(b) 
of this final rule, section V.F of this preamble discusses the 
proposal, comments received, and final rule action.
3. Obtaining an Instrument-Powered-Lift Rating (Sec.  61.65(f))
    Section 61.65 provides the requirements to obtain an instrument 
rating, including the general aeronautical knowledge, flight 
proficiency, and aeronautical experience requirements for an 
instrument-powered-lift rating. Because pilots are unable to satisfy 
several of the aeronautical experience requirements for an instrument-
powered-lift rating for the same reasons that pilots are unable to 
satisfy certain requirements for a commercial pilot certificate with a 
powered-lift rating, as previously discussed, the NPRM proposed 
alternate pathways to obtain this rating.
    First, as previously discussed, adopted Sec.  194.215 would limit 
the alternate aeronautical experience and logging requirements for 
obtaining an instrument-powered-lift rating to those persons who 
already hold (1) at least a commercial pilot certificate with at least 
an airplane category and single- or multiengine class rating or a 
rotorcraft category and helicopter class rating and (2) the 
corresponding instrument rating. Aligning with the framework proposed, 
and adopted by this final rule, for a commercial certificate with a 
powered-lift category rating, the FAA proposed alternate experience and 
logging requirements to obtain an instrument-powered-lift rating for 
the same populations: (1) test pilots and instructor pilots, (2) the 
initial cadre of instructors, and (3) pilots receiving training under 
an approved training program.
    The FAA did not receive comments regarding the proposed alternate 
framework for an instrument-powered-lift rating and provides a brief 
summary of each framework element herein. As discussed in section 
V.F.2.i.d. of this preamble, FAA test pilots and ASIs were 
unintentionally excluded from the proposal and added in this final 
rule. Other than this addition subsequently discussed, the FAA adopts 
the alternate framework to obtain an instrument-powered-lift rating as 
proposed. Alternate requirements for cross-country flights, which are 
generally applicable, are discussed later in this section.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience 
and Logging Requirements for Instrument-Powered-Lift Rating
    Sections 194.225 and 194.227 will set forth the alternate 
aeronautical experience and logging requirements for test pilots and 
instructor pilots seeking an instrument-powered-lift rating. In 
Sec. Sec.  194.225(a) and 194.227(a), these alternate requirements will 
apply if the flights are conducted in an experimental aircraft at the 
manufacturer and the test pilots or instructor pilots are authorized by 
the Administrator to act as PIC of the experimental powered-lift. The 
alternate aeronautical experience requirements are set forth in Sec.  
194.225(b)(1) through (4) for test pilots and Sec.  194.227(b)(1) 
through (4) for instructor pilots. Similarly, the alternate logging 
requirements will be set forth in Sec. Sec.  194.225(c) for test pilots 
and 194.227(c) for instructor pilots.
a. Aeronautical Experience Requirements Involving Instrument Training 
(Sec.  61.65(f)(2))
    First, Sec.  61.65(f)(2) requires 40 hours of actual or simulated 
instrument time in the areas of operation listed under Sec.  61.65(c), 
of which 15 hours must be received from an authorized instructor who 
holds an instrument-powered-lift rating. The FAA found it necessary to 
propose an alternate to the requirement for a part 61 authorized 
instructor for

[[Page 92360]]

test pilots or instructor pilots to accomplish the 15 hours of 
instrument training on the areas of operation listed in Sec.  61.65(c), 
as required by Sec.  61.65(f)(2). Therefore, under Sec.  194.225(b)(1), 
a test pilot will be permitted to satisfactorily complete the 
manufacturer's training curriculum in the experimental powered-lift 
with an instructor pilot. Similarly, under Sec.  194.227(b)(1), the 
instructor pilot will be able to credit the time spent providing the 
manufacturer's training curriculum to another instructor pilot or a 
test pilot toward the training required by Sec.  61.65(f)(2). The 
manufacturer's training curriculum must include 15 hours of instrument 
training on the areas of operation listed in Sec.  61.65(c).
    For the purpose of verifying satisfactory completion of the 
alternate experience requirement to an examiner, the FAA proposed to 
require the test pilot or instructor pilot to receive an endorsement in 
their logbook or training record. Under Sec.  194.225(b)(1)(ii), a test 
pilot will be required to receive an endorsement from the instructor 
pilot who provided the training, certifying that the test pilot 
satisfactorily completed the manufacturer's training curriculum in the 
experimental powered-lift. UnderSec.  194.227(b)(1)(ii), an instructor 
pilot will be required to receive an endorsement from a management 
official within the manufacturer's organization certifying that the 
instructor pilot has provided the manufacturer's training curriculum to 
a test pilot.
    Second, Sec.  61.65(f)(2)(i) requires the aforementioned instrument 
time (i.e., that set forth by Sec.  61.65(f)(2)) to include 3 hours of 
instrument flight training from an authorized instructor in a powered-
lift within 2 calendar months before the date of the instrument rating 
practical test. Sections 194.225(b)(2) (for test pilots) and 
194.227(b)(2) (for instructor pilots) will permit the preparation for 
the instrument rating practical test to be completed with an instructor 
pilot rather than an authorized instructor. To enable the examiner to 
verify that the preparation was completed, under Sec.  194.213 the 
applicant may obtain the endorsement from the instructor pilot, rather 
than an authorized instructor under Sec.  61.65(a)(6), who certifies 
that the applicant is prepared for the practical test.
    Third, the instrument time referenced in Sec.  61.65(f)(2) must 
include instrument flight training on cross-country flight procedures, 
including one cross-country flight in a powered-lift with an authorized 
instructor that is performed under IFR, when a flight plan has been 
filed with an ATC facility.\246\ The cross-country flight must include 
250 nautical miles along airways or by directed routing from an ATC 
facility, an instrument approach at each airport, and three different 
kinds of approaches with the use of navigation systems.\247\ Sections 
194.225(b)(3) (for test pilots) and 194.227(b)(3) (for instructor 
pilots) will allow test pilots or instructor pilots to perform 
instrument training on cross-country flight procedures referenced in 
Sec.  61.65(f)(2)(ii) in an experimental powered-lift with an 
instructor pilot rather than an authorized instructor. The applicant 
will be required to receive a logbook or training record endorsement 
but may obtain such from the instructor pilot to certify that the 
applicant completed the cross-country flight with the instructor 
pilot.\248\
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    \246\ Sec.  61.65(f)(2)(ii).
    \247\ Sec.  61.65(f)(2)(ii)(A) through (C).
    \248\ Section VI.B.1. of this preamble discusses additional 
relief from the requirement to file an IFR flight plan for certain 
pilots.
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b. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.65(f)(1))
    Section 61.65(f)(1) requires a person who applies for an 
instrument-powered-lift rating to log at least 50 hours of cross-
country time as PIC, 10 hours of which must be in a powered-lift. As 
discussed in the NPRM, the FAA recognized the obstacle with logging PIC 
time in accordance with Sec.  61.51(e)(1) for the same reasons stated 
in section V.J of this preamble. Accordingly, consistent with the 
alternate logging requirements proposed for persons seeking to add a 
powered-lift category rating on a commercial pilot certificate, Sec.  
194.225(c) will permit test pilots at the manufacturer to log PIC 
flight time for the purpose of satisfying the 10-hour cross-country 
requirement in Sec.  61.65(f)(1) when the test pilot is the sole 
manipulator of the controls of an experimental powered-lift even if the 
test pilot is not rated for the aircraft. To log this time, the test 
pilot must act as PIC of the experimental powered-lift in accordance 
with a letter of authorization issued by the Administrator. In 
addition, the flight must be conducted for the purpose of research and 
development or showing compliance with the regulations in accordance 
with the experimental certificate issued to the powered-lift pursuant 
to Sec.  21.191.
    Similarly, Sec.  194.227(c) will allow instructor pilots to log PIC 
flight time for the purpose of satisfying the 10-hour cross-country 
requirement in Sec.  61.65(f)(1) when the pilot is serving as an 
instructor pilot for the manufacturer of an experimental powered-lift 
for which the instructor pilot is not rated under certain conditions. 
The pilot must act as pilot-in-command of the experimental powered-lift 
in accordance with a letter of authorization issued by the 
Administrator and the flight must be conducted for the purpose of crew 
training in accordance with the experimental certificate issued to the 
powered-lift pursuant to Sec.  21.191.
c. FAA Test Pilots and ASIs
    As discussed in section V.F.2.i.d. of this preamble, adopting the 
aforementioned SFAR provisions as proposed would preclude an FAA test 
pilot or ASI from utilizing the same flexibilities given to 
manufacturer test pilots and instructor pilots. For the same reasons 
discussed herein, the FAA finds it appropriate to add FAA test pilots 
and ASIs into the alternate framework to obtain an instrument-powered-
lift rating.\249\
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    \249\ FAA test pilots and ASIs would be defined under new Sec.  
194.103, as discussed in section V.F.3.i.c. of this preamble.
---------------------------------------------------------------------------

    Therefore, to facilitate this relief, this final rule adds FAA test 
pilots and ASIs to the following paragraphs: Sec.  194.225(a), (b), 
(b)(1), (b)(1)(ii), (b)(2) through (b)(4), (c), and (c)(1). FAA test 
pilots and ASIs will be able to utilize the same provisions available 
to a manufacturer's test pilots, as previously summarized. 
Additionally, while no amendment is necessary, the FAA notes that, like 
test pilots, FAA test pilots and ASIs would be a population of pilots 
that the instructor pilot will be able to credit the time spent 
providing the manufacturer's training curriculum under Sec.  
194.227(b)(1).
ii. Initial Cadre Instructors: Alternate Aeronautical Experience and 
Logging Requirements for Instrument-Powered-Lift Ratings
    In the NPRM, the FAA proposed alternate experience and logging 
requirements for certain requirements in Sec.  61.65(f) to facilitate 
initial training and certification of persons who have been authorized 
to serve as the initial cadre of instructors in Sec.  194.229. Under 
Sec.  194.229(a), which will set forth the applicability provisions, 
the alternate requirements will apply if the applicants are authorized 
by the Administrator to serve in the instructor positions \250\ in an 
approved training program under part 135, 141, or 142 and the flights 
are conducted in type-certificated powered-lift at the manufacturer.
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    \250\ In other words, check pilots, chief instructors, assistant 
chief instructors, and TCEs.

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[[Page 92361]]

a. Aeronautical Experience Requirements Involving Training (Sec.  
61.65(f))
    As with test pilots, the FAA will permit initial check pilots, 
chief instructors, assistant chief instructors, or training center 
evaluators to receive the 15 hours of instrument training on the areas 
of operation listed in Sec.  61.65(c) from an instructor pilot in lieu 
of an authorized instructor in Sec.  194.229(b)(1). The instructor 
pilot will be required to conduct the training in accordance with the 
manufacturer's training curriculum. Additionally, these persons will be 
required to obtain a logbook or training record endorsement from the 
instructor pilot certifying satisfactory completion of the 
manufacturer's training curriculum for the same reasons the test pilot 
is required to receive such an endorsement.
    Additionally, the instructor pilot may replace the authorized 
instructor for (1) the 3 hours of instrument flight training in a 
powered-lift in preparation for the practical test for an instrument-
powered-lift rating within 2 calendar months before the date of the 
practical test in Sec.  61.65(f)(2)(i), and (2) the cross-country 
flight prescribed by Sec.  61.65(f)(2)(ii). Further, the person 
receiving the training at the manufacturer may obtain an endorsement 
from the instructor pilot certifying the completion of this cross-
country flight. Section 194.229(b)(2) and (b)(3) will prescribe these 
requirements, respectively.
b. Aeronautical Experience Requirements Involving Logging PIC Flight 
Time (Sec.  61.65(f)(1))
    In the NPRM, the FAA recognized the obstacle of logging PIC time in 
accordance with Sec.  61.51(e)(1) for the reasons previously discussed 
in section V.J. of this preamble. Accordingly, consistent with the 
alternate logging requirements adopted herein for persons seeking to 
add a powered-lift category rating on a commercial pilot certificate, 
Sec.  194.229(c) will allow a person receiving training at the 
manufacturer to log PIC flight time for the purpose of satisfying the 
10-hour cross-country requirement in Sec.  61.65(f)(1) despite not 
being rated in the powered-lift in certain conditions. To log this 
time, the applicant will be required to solely manipulate the controls 
of the powered-lift with an instructor pilot onboard and perform the 
duties of PIC; additionally, the flight will be required to be 
conducted in accordance with the manufacturer's training curriculum for 
the powered-lift.
iii. Pilots Receiving Training Under an Approved Training Program: Use 
of a Full Flight Simulator for Instrument Training for an Instrument-
Powered-Lift Rating
    Because the FAA proposed alternate pathways for personnel from part 
135, 141, and 142 certificate holders to obtain the experience 
necessary to be eligible for the initial powered-lift ratings on pilot 
and flight instructor certificates, these certificate holders will have 
access to a pool of authorized instructors to conduct training under 
their approved training programs. Therefore, the FAA did not find it 
necessary to enable alternate experience requirements for pilots 
receiving training under an approved training program that substitute 
instructor or test pilots for authorized instructors.
    Rather, the FAA found that temporarily permitting pilots receiving 
training under an approved training program \251\ to credit some cross-
country time obtained in a Level C or higher FFS would not adversely 
affect safety in light of the skills the pilot would develop in the FFS 
and the narrow applicability of the alternate requirement to seasoned 
pilots who already hold a commercial pilot certificate with an 
instrument rating. Therefore, the FAA proposed Sec.  194.231(c) to 
temporarily permit a maximum of 4 hours obtained in a Level C or higher 
FFS to be credited toward the flight time requirement in Sec.  
61.65(f)(1), which requires an applicant to obtain 10 hours of cross-
country time \252\ as PIC in a powered-lift. The 4 hours must include 
experience performing the duties of PIC during a simulated cross-
country flight in a Level C or higher FFS that represents the powered-
lift category and that includes the performance of instrument 
procedures under simulated instrument conditions. This relief only 
extends to those applicants and FFS sessions under a training program 
approved under part 135, 141, or 142. Furthermore, the FAA proposed 
that a minimum of Level C FFS would be required to ensure the 
appropriate level of aerodynamic modeling, visual fidelity, and motion 
cueing to replicate the powered-lift.
---------------------------------------------------------------------------

    \251\ Adopted Sec.  194.231(a) sets forth the general 
applicability requirements to utilize the crediting provisions 
subsequently discussed.
    \252\ Pursuant to Sec.  61.1, cross-country time must involve 
the use of dead reckoning, pilotage, electronic navigation aids, 
radio aids, or other navigation systems to navigate to the landing 
point.
---------------------------------------------------------------------------

    FSI recommended the FAA revise Sec.  194.231 to remove the 
requirement for a Level C or higher FFS and permit the training in any 
approved FSTD. FSI stated that FFS Level C or higher training is 
expensive and restrictive and urged the FAA to consider, first, the 
simplified vehicle operation of powered-lift and, second, other modern 
technologically advanced FSTDs.
    The FAA received a number of similar comments related to crediting 
time in a Level C or higher FFS in the context of the alternate 
framework for a commercial certificate with a powered-lift rating, as 
proposed in Sec.  194.223(d). The FAA declines to expand the acceptable 
type and level of FSTD for credit to the aeronautical experience 
requirements of Sec.  61.65(f)(1) for the reasons discussed in section 
V.F. of this preamble.
    As noted in the preamble, generally cross-country time may not be 
credited in an FFS because it does not depict a realistic enroute 
environment under VMC (e.g., verifying waypoints utilizing pilotage and 
dead reckoning is limited by the visual display fidelity available in 
FFSs). The FAA acknowledges that under IMC conditions, however, the 
pilot is training on and testing on the pilot's ability to use 
instrument navigation to fly along routes depicted by navigational 
information via enroute and terminal charts, which is different from 
verifying visual reference with the use of visual waypoints. Therefore, 
the FAA maintains it is appropriate to permit some cross-country time 
to be credited in an FFS because the display and flightdeck information 
will align with the environment the pilot would operate in flight, but 
also maintains that the credit should be limited for the same reasons 
as those comprehensively discussed in section V.J. of this preamble. 
The ratio of time (i.e., four hours in the simulator combined with the 
skills the seasoned pilot would acquire from conducting 6 hours of 
cross-country time in the NAS) in a Level C or higher FFS would ensure 
the pilot has sufficient experience to apply for an instrument-powered-
lift rating. Therefore, the FAA adopts the amendment as proposed.
4. Alternate Requirements for Cross-Country Flights for Commercial 
Pilot Certificate, Instrument Rating, and Private Pilot Certificate
    Finally, upon evaluation of the expected range capabilities of 
powered-lift, the FAA determined that the distances specified in the 
definition of ``cross-country time'' in Sec.  61.1 and the specific 
cross-country flights prescribed in part 61 may not be feasible for the 
powered-lift coming to market. Therefore, the FAA proposed several 
alternate provisions to facilitate a pilot's ability to complete and 
log cross-

[[Page 92362]]

country time while ensuring the experience meets the essential 
objectives of pilot training. The FAA received many comments on these 
cross-country proposals, which are considerably intertwined. Therefore, 
this section, first, summarizes all cross-country proposals, second, 
responds to applicable comments, and third, discusses cross-country 
tangentially related proposals and final rule actions.
i. Summary of Proposed Cross-Country Alternate Means
To Log Cross-Country Time in Powered-Lift
    First, cross-country time is currently defined in Sec.  61.1(b). 
Within Sec.  61.1(b), there are multiple definitions of cross-country 
time that are applicable based on how the cross-country time is used to 
meet aeronautical experience requirements. To meet the current 
definition of cross-country time for aeronautical experience for 
powered-lift ratings, the flight time \253\ aligns with that of 
airplanes and must include a landing point that is at least a straight-
line distance of more than 50 nautical miles from the original point of 
departure, except for an ATP certificate and military pilots who 
qualify for a commercial pilot certificate under Sec.  61.73, whereby 
cross-country time for aeronautical experience does not require a 
landing point. Given the significant disparity between the range 
capabilities of airplanes and the emerging powered-lift currently going 
through aircraft certification, the FAA found it unnecessary to require 
cross-country time in a powered-lift to include the same distance as 
that required for airplanes and, therefore, proposed to add Sec.  
194.201 as a temporary provision that would reduce the general distance 
for logging cross-country time in a powered-lift from 50 nautical miles 
to 25 nautical miles.
---------------------------------------------------------------------------

    \253\ See 14 CFR 1.1 for the definition of flight time.
---------------------------------------------------------------------------

    Specifically, as proposed, the rule would permit a person to log 
flight time in a powered-lift as cross-country time \254\ when that 
time (1) includes a point of landing that is at least a straight-line 
distance of more than 25 nautical miles from the original point of 
departure, and (2) involves the use of dead reckoning, pilotage, 
electronic navigation aids, radio aids, or other navigation systems to 
navigate to the landing point. While the FAA proposed to permit a pilot 
to log shorter cross-country flights as cross-country time, the pilot 
would nevertheless be required to obtain the requisite hours of cross-
country time in a powered-lift for the certificate or rating 
sought.\255\
---------------------------------------------------------------------------

    \254\ Section 61.129(e)(2)(ii) requires an applicant for a 
commercial pilot certificate with a powered-lift category rating to 
acquire 10 hours of cross-country flight time as PIC in a powered-
lift. Section 61.65(f) requires an applicant for an instrument-
powered-lift rating to obtain 10 hours of cross-country flight time 
as PIC in a powered-lift.
    \255\ While the FAA proposed to adopt provisions in the SFAR 
that would require cross-country flights with shorter minimum legs 
than those currently specified in Sec.  61.129(e), the FAA noted 
that these requirements would serve as an alternative to the 
requirements set forth in Sec.  61.129(e). Thus, an applicant for a 
commercial pilot certificate with a powered-lift category rating 
still has the option to complete the cross-country flights specified 
in Sec.  61.129(e).
---------------------------------------------------------------------------

    Additionally, the FAA's proposed provision in Sec.  194.201 would 
govern the logging of cross-country time in powered-lift for the 
purpose of meeting the aeronautical experience requirements of part 61 
as a whole that apply to a powered-lift category rating, including the 
cross-country time required for an ATP certificate with a powered-lift 
category rating. Thus, a person would be permitted to log cross-country 
time in accordance with Sec.  194.201 toward the 500 hours of cross-
country time in Sec.  61.163(a)(1). This proposal would equally apply 
to cross-country flight training time in a powered-lift required by 
Sec.  61.109(e)(1) and solo cross-country time required by Sec.  
61.109(e)(5)(i).\256\
---------------------------------------------------------------------------

    \256\ This merely reduces the distance requirements listed in 
Sec. Sec.  61.109(e)(2)(i) and 61.109(e)(5)(ii) to mirror those 
required in Sec.  61.109(c)(2)(i) and 61.109(c)(5)(ii) for 
helicopters. Private pilot applicants for a powered-lift rating must 
meet all other aeronautical experience requirements provided in 
Sec.  61.109(e).
---------------------------------------------------------------------------

Summary of Specific Cross-Country Proposals for a Commercial Pilot 
Certificate
    The FAA also proposed alternate cross-country aeronautical 
experience requirements to those set forth in Sec.  61.129(e) for all 
applicants for a powered-lift category rating at the commercial pilot 
certificate level. In place of the long cross-country flight in Sec.  
61.129(e)(4)(i) (i.e., 250 nautical miles), proposed Sec.  194.233(b) 
would permit an applicant to complete a cross-country flight that 
consists of landings at a minimum of three points, with one segment 
consisting of a straight-line distance of at least 50 nautical miles 
from the original point of departure. As a result of reducing the 
straight-line distance from 250 nautical miles to 50 nautical miles, 
proposed Sec.  194.233(b) would require an applicant seeking to comply 
with the alternate requirement to complete an additional cross-country 
flight of the same specified distance of 50 nautical miles. The 
proposed additional cross-country flight would have to be conducted to 
different points of landing than the initial cross-country flight. The 
FAA noted, however, that the original point of departure may be the 
same, as pilots generally begin cross-country flights at their home 
airport.
    Likewise, the FAA proposed alternate requirements for the cross-
country requirements of Sec.  61.129(e)(3)(ii) and (iii) (i.e., 
straight-line distance of at least 100 nautical miles from the original 
departure point). Under proposed Sec.  194.233(a), an applicant would 
be required to log at least one 2-hour cross country flight in a 
powered-lift in daytime conditions (proposed Sec.  194.233(a)(1)) and 
one 2-hour cross-country flight in a powered-lift in nighttime 
conditions (proposed Sec.  194.233(a)(2)). Each of these proposed 
cross-country flights must consist of a total straight-line distance of 
50 nautical miles from the original point of departure (rather than 100 
nautical miles, which is currently required by Sec.  61.129(e)(3)). As 
a result of reducing the straight-line distance from 100 nautical miles 
to 50 nautical miles, the FAA proposed in Sec.  194.233(a)(3) to 
require an additional cross-country flight of the same specified 
distance of 50 nautical miles. Except for the original point of 
departure, the additional cross-country flight must include landings at 
different points than the points selected for the day and night cross-
country flights. The NPRM did not propose to reduce the required flight 
time (2 hours).
    The applicant for a commercial pilot certificate with a powered-
lift category rating would still be required to receive and log ground 
training from an authorized instructor on the aeronautical knowledge 
areas specified in Sec.  61.125(b). Additionally, the applicant would 
still be required to receive and log flight training from an authorized 
instructor on the areas of operation specified in Sec.  61.127(b)(5), 
which includes navigation.\257\ Additionally, the applicant must meet 
the aeronautical experience requirements that apply to the powered-lift 
category rating (e.g., 10 hours of cross-country time in a powered-
lift) and pass the practical test on the areas of operation listed in 
Sec.  61.127(b), which includes tasks on cross-country planning and 
navigation (e.g., cross-country planning is a task under Preflight 
Preparation area of operation in the Commercial Pilot for Powered-Lift 
Category ACS).
---------------------------------------------------------------------------

    \257\ Sec.  61.127(b)(5)(vii).

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[[Page 92363]]

Summary of Specific Cross-Country Proposals for an Instrument-Powered-
Lift Rating (Sec.  61.65(f))
    Similarly, the FAA proposed alternate cross-country aeronautical 
experience requirements for all applicants for an instrument-powered-
lift rating under Sec.  61.65(f) in Sec.  194.235. In place of the long 
cross-country flight in Sec.  61.65(f)(2)(ii)(A) (i.e., a flight of 250 
nautical miles), proposed Sec.  194.235(a)(2)(i) would permit an 
applicant to complete a cross-country flight that involves a distance 
of 100 nautical miles along airways or by directed routing from an ATC 
facility. To ensure the applicant for an instrument-powered-lift rating 
obtains experience comparable to that which would be obtained under the 
current regulation, the FAA proposed to require the applicant to 
complete an additional cross-country flight of the same specified 
distance of 100 nautical miles.
    Under proposed Sec.  194.235(a)(1), the applicant for an 
instrument-powered-lift rating would still be required to receive and 
log ground training from an authorized instructor (or from an 
instructor pilot) on the aeronautical knowledge areas set forth in 
Sec.  61.65(b). The applicant would also still be required to receive 
and log flight training from an authorized instructor (or from an 
instructor pilot if the person receiving training is an eligible pilot 
under Sec.  194.215) on the areas of operation specified in Sec.  
61.65(c).\258\ Furthermore, the applicant must meet the existing 
aeronautical experience requirements that apply to the instrument-
powered-lift rating (e.g., 10 hours of cross-country flight time as PIC 
in a powered-lift) and pass the practical test on the areas of 
operation in Sec.  61.65(c).
---------------------------------------------------------------------------

    \258\ The FAA notes that the introductory language in Sec.  
61.65(f)(2) requires that the flight time under that section cover 
the areas of operation in Sec.  61.65(c); therefore, the cross-
country flight required under Sec.  61.65(f)(2)(ii)(A) must cover 
those areas.
---------------------------------------------------------------------------

    The FAA also proposed in Sec.  194.235(b) to provide relief from 
the requirement in Sec.  61.65(f)(2)(ii) to perform instrument training 
on cross-country procedures under IFR and a flight plan filed with an 
air traffic control facility when an aircraft is not certificated for 
IFR. This relief is necessary to prevent a person from filing an IFR 
flight plan for a powered-lift that is certificated for VFR-only 
operations in violation of an aircraft's operating limitations under 
Sec.  91.9. This relief would only be available when the pilot already 
holds an instrument airplane rating, an instrument helicopter rating, 
or an ATP certificate, as these pilots would already have experience 
operating under IFR and will have been tested on instrument procedures 
and regulations governing IFR operations.
ii. Comments on the Proposed Cross-Country Alternate Means
    ALPA supported the alternate cross-country framework whereby the 
NPRM reduced the straight-line distance from 250 nautical miles to 50 
nautical miles in proposed Sec.  194.233(b) with the proposed 
mitigations (e.g., different landing points, additional cross-country 
flight), finding that the framework would still maintain adequate 
training and safety, Further, ALPA noted and supported that the FAA did 
not propose to reduce the minimum amount of cross-country time to be 
obtained in a powered-lift for a certificate.
    Archer generally supported the FAA's acknowledgement that, first, a 
pilot must be trained on the navigation of a powered-lift from takeoff 
to different destinations than the original point of departure and, 
second, that the existing cross-country training requirements create 
barriers given the range and endurance inherent in the general array of 
powered-lift intended for civilian operations. While Archer 
specifically supported the proposed reduction from 50 to 25 nautical 
miles in Sec.  194.201, Archer opposed the retention of the 2-hour 
endurance requirements and 50 and 100 nautical mile range requirements 
for the individual cross-country training flights in proposed 
Sec. Sec.  194.233 and 194.235. Archer specifically stated that the 
FAA's citation of a powered-lift's range of 105 to 162 nautical miles 
represents the absolute maximum ranges for conventional takeoff and 
landing, without fuel reserves, at the beginning of battery life; 
Archer contended that a vertical takeoff and landing without fuel 
reserves near the end of battery life would reduce the operational 
range to 25 to 55 nautical miles. Similarly, Archer stated that the 
NPRM failed to address endurance limitations where the range is only 30 
minutes (specifically, given the parameters of the previously described 
operation) and that the current operational range of powered-lift will 
be significantly less than the operational range of the majority of 
helicopters. Archer recommended the FAA implement a performance and 
cycle-based framework through the execution of realistic training 
flights of a length and endurance that are commensurate with those 
operations that will be conducted after the pilot obtains the required 
ratings. Additionally, Archer recommended the FAA eliminate the 2-hour 
endurance requirement in Sec.  194.233, reduce the required distance to 
25 nautical miles in Sec. Sec.  194.233 and 194.235, and add a 
provision in Sec.  61.129(e)(2)(iii) allowing the powered-lift pilot to 
substitute 10 operating cycles for 10 hours of cross-country time.\259\
---------------------------------------------------------------------------

    \259\ Archer specifically referenced Sec. Sec.  121.434 and 
61.159(b).
---------------------------------------------------------------------------

    Similarly, FSI recommended the FAA align with ICAO Annex 1 
recommendation 2.1.1.4, which FSI stated would remove the requirement 
for a powered-lift category rating, thereby removing the requirement 
for cross-country flight time. FSI stated that the lack of 
infrastructure will make cross-country training difficult due to the 
lack of places to charge electric aircraft. Additionally, FSI 
recommended that the FAA allow credit for cross-country time obtained 
for an airplane or helicopter rating and cross-country time conducted 
as a lost scenario in the approved FSTD, and that any cross-country 
flight time in the aircraft be accomplished after the practical test as 
part of supervised operating experience.
    First, in regard to Archer's position to eliminate the 2-hour 
cross-country requirements set forth in proposed Sec.  194.233(a)(1) 
and (2), the FAA considered the given capable ranges of various 
aircraft in the certification process. The required two hours 
establishes the minimum flight time of the entire flight: in other 
words, two hours is the total time necessary to encompass the 
associated distances and allow for the pilot to ensure appropriate 
performance planning.\260\ The alternate regulations will not preclude 
a pilot from stopping at an airport and charging, similar to how an 
airplane or helicopter stops along their filed route to get fuel. Given 
this flexibility on accomplishing the 2-hour requirement, the FAA does 
not find additional relief to be warranted. Second, Archer suggested 
the FAA further reduce the distance proposed in Sec. Sec.  194.233 and 
194.235 to 25 nautical miles because the endurance of some aircraft 
would be 30 minutes or less. The FAA has evaluated the active type 
certification projects for powered-lift and does not find any powered-
lift with a range less than 50 nautical miles, regardless of length of 
time in flight capabilities, nor was the FAA provided with any 
supporting evidence of such a limitation during the

[[Page 92364]]

comment period to warrant further relief.\261\
---------------------------------------------------------------------------

    \260\ See Legal Interpretation to Olshock, Pan Am International 
Flight Academy (May 4, 2007).
    \261\ The exemption process under part 11 would remain an option 
for powered-lift manufactured with a range capability of less than 
50 nautical miles.
---------------------------------------------------------------------------

    Third, Archer urged the FAA to adopt a performance and cycle-based 
framework through execution of training flights of length and endurance 
that are commensurate with those operations to be conducted after the 
pilot obtains the required ratings. As previously discussed in section 
V.J. of this preamble, the FAA does not find this manner of cross-
country flight experience would provide a level of experience 
commensurate with that required for initial powered-lift category and 
type certification for those reasons discussed in this preamble. 
Additionally, as a cycle-based substitution applies to cross-country 
aeronautical experience specifically, commenters did not provide the 
FAA with any information other than a topical suggestion as to how a 
performance or cycle-based framework would achieve a level of 
proficiency equal with that of a pilot receiving an initial powered-
lift category rating. Further, a significant objective of cross-country 
flights is to expose a pilot to time in the category of aircraft where 
random events may occur in the airspace, including, for example, 
weather, delays, air traffic, and ATC communication. Another objective 
is to expose the pilot to unfamiliar terrain and different landing 
points than a pilot's base or familiar airport, thereby facilitating 
diverse experience in preflight planning. Without additional 
information for the FAA to evaluate, a cycle-based framework, which may 
be repetitive and offer little experience beyond a rudimentary traffic 
pattern, may not expose the pilot to these key objectives. An initial 
certification framework only encompassing familiar, smaller routes and 
circuits may not adequately equip the pilot with situational 
proficiency, for example, should the need arise to land at an 
unfamiliar landing site.
    Finally, in response to FSI's comments, the FAA acknowledges there 
is an experience advantage by virtue of each pilot utilizing the relief 
provided by the SFAR holding certain certificates and ratings; however, 
the FAA does not find that this translates to synonymous experience 
such that vital training elements can be wholly eliminated or 
substituted. Performing a cross-country flight in an airplane or 
helicopter may be vastly different than performing a cross-country 
flight in a powered-lift. While there are certain elements to a cross-
country flight that are shared amongst categories of aircraft (e.g., 
use of navigation charts, communicating with ATC, operations in 
airspace, avoidance of traffic, runway incursions at unfamiliar 
airports), cross-country flight time provides experience in aircraft-
specific characteristics. These characteristics include encountering 
different challenges in flightdeck management relative to the pilot's 
operation of the aircraft while acting as PIC (e.g., passenger briefing 
requirements, aircraft automation, use of appropriate checklists, 
dealing with inoperative equipment). These differences affect the 
performance of certain tasks, flightdeck management, and risk 
management during a cross-country flight and ultimately require a skill 
set that is unique to the category of aircraft such that a substitution 
would not ensure a pilot has proficiency in the powered-lift.
    The FAA also finds that performing cross-country time as a lost 
procedures \262\ scenario in an approved FSTD in lieu of cross-country 
in the aircraft would not provide an adequate substitution for the same 
reasons that powered-lift cross-country flights may present scenarios 
uncontemplated in airplane or helicopter cross-country operations. The 
FAA already expects an applicant to be trained on lost procedures, as 
the commercial powered-lift ACS sets forth Lost Procedures as a Task 
under Area of Operation VII, Navigation.
---------------------------------------------------------------------------

    \262\ Lost Procedures, which are described in the Pilot's 
Handbook of Aeronautical Knowledge, FAA-H-8083-25, consist of a 
series of tasks to perform should a pilot become lost while in 
flight. These procedures consist of climbing to increase radio and 
navigation reception, plotting position using onboard navigational 
equipment, communicating with ATC or Flight Service Stations, and if 
the situation is dire enough transmitting on emergency frequency and 
setting transponder to 7700.
---------------------------------------------------------------------------

    To the extent that FSI calls attention to infrastructure issues, 
the FAA notes that the Department of Transportation published a Request 
for Information (RFI) \263\ in the Federal Register in 2023 seeking 
information from the OEM community to inform a short-term and long-term 
national strategy to integrate AAM into the NAS, including 
infrastructure considerations. Additionally, the Advanced Air Mobility 
Interagency Working Group (AAM IWG) is considering infrastructure 
challenges as part of this effort. The FAA notes that certain OEMs have 
utilized portable charging stations and even installed chargers at 
specific airports to help accommodate long-distance flights.\264\ The 
FAA is an active member of the AAM IWG and will continue to collaborate 
on a national strategy to address infrastructure issues. However, the 
FAA does not see associated infrastructure challenges as reason to 
alter the aeronautical experience required of a pilot who is training 
to operate a powered-lift in the NAS in commercial, passenger-carrying 
operations. Experience gained in the aircraft must be predicated on the 
need to enhance the pilot's ability to operate a powered-lift, 
particularly outside the pilot's local operating environment.
---------------------------------------------------------------------------

    \263\ Notice and Request for Information on Advance Air 
Mobility, 88 FR 31593 (May 17, 2023).
    \264\ www.popsci.com/technology/alia-electric-aircraft-completes-journey/evtol.news/news/beta-flies-south-for-the-winter.
---------------------------------------------------------------------------

iii. Specific Cross-Country Flights for Private Pilot Certificate 
(Sec.  61.109)
    As discussed in the NPRM, the FAA proposed alternate pathways 
primarily for individuals at the commercial level to enable immediate 
commercial passenger-carrying operations. However, the FAA recognized 
that rationale for offering relief from the cross-country requirements 
for commercial pilots applies equally to an applicant for a private 
pilot certificate. Therefore, the FAA proposed to reduce the nautical 
mile distances in the aeronautical experience required to be eligible 
for a private pilot certificate. The FAA did not receive comments on 
the alternate aeronautical experience requirements for private pilots 
as set forth in proposed Sec.  194.237 and adopts the amendments as 
proposed.
    Specifically, alternate aeronautical experience requirements will 
allow an applicant for a private pilot certificate with a powered-lift 
category rating to complete the cross-country flights in Sec.  61.109 
at a reduced nautical mile distance. First, in place of the cross-
country flight in Sec.  61.109(e)(2)(i) (i.e., night flight training 
that includes one cross-country flight over 100 nautical miles), Sec.  
194.237(a) will require an applicant to receive three hours of night 
flight training that includes two cross-country flights with each 
flight consisting of a total distance that exceeds 50 nautical miles. 
Additionally, in place of the solo cross-country flight that is 
currently listed in Sec.  61.109(e)(5)(ii) (i.e., 150 nautical miles 
total distance with one segment of the flight consisting of a straight-
line distance of more than 50 nautical miles), Sec.  194.237(b) will 
set forth alternate solo cross-country experience. Specifically, the 
applicant will be required to complete one solo cross-country flight of 
100 nautical miles total distance with landings at three points

[[Page 92365]]

and with one segment of the flight consisting of a straight-line 
distance of more than 25 nautical miles (Sec.  194.237(b)(1)). The 
applicant will be required to complete an additional solo cross-country 
flight to be conducted in a powered-lift (Sec.  194.237(b)(2)). This 
additional solo cross-country flight will require landings at a minimum 
of three points, with one segment consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure. The additional cross-country flight will be required to be 
conducted to different points of landing than the initial cross-country 
flight.
    While proposed Sec.  194.237 reduces the required distances for the 
cross-country flights in Sec.  61.109, it will not reduce the required 
flight time. A person seeking a private pilot certificate with a 
powered-lift category rating will still be required to obtain 3 hours 
of cross-country flight training in a powered-lift, pursuant to Sec.  
61.109(e)(1), and 5 hours of cross-country solo flight time in a 
powered-lift under Sec.  61.109(e)(5)(i), as adopted by this final 
rule.\265\
---------------------------------------------------------------------------

    \265\ Currently, Sec.  61.109(e)(5) permits an applicant to 
obtain 10 hours of solo flight time in either an airplane or a 
powered-lift. For the reasons discussed in section V.I.1.of this 
preamble, the FAA proposed to amend Sec.  61.109(e)(5) to require 
the solo flight time to be obtained in a powered-lift and adopts 
that amendment in this final rule.
---------------------------------------------------------------------------

iv. Part 141 Appendices
    Certain existing minimum curriculum requirements for a part 141 
pilot school seeking to use a powered-lift specified in the part 141 
appendices mirror the cross-country requirements set forth in 
Sec. Sec.  61.65(f), 61.109(e), and 61.129(e). As previously discussed, 
the FAA adopts alternate cross-country requirements in Sec. Sec.  
194.233, 194.235, and 194.237 and, therefore, proposed that part 141 
pilot schools should be able to use these alternate cross-country 
distances.
    The FAA did not receive comments on the provision and adopts Sec.  
194.239(b) to facilitate these substitutions. As set forth by Sec.  
194.239(b)(3), the part 141 training course using the alternate cross-
country distances must include an additional cross-country flight 
consistent with the requirements of Sec. Sec.  194.233, 194.235, and 
194.237, as applicable.
    Additionally, as discussed in section V.F.2. of this preamble, this 
final rule reduces the amount of PIC time in a powered-lift set forth 
by Sec.  61.129(e)(2)(i) from 50 hours to 35 hours. However, the FAA 
does not find a conforming amendment is necessary to account for the 
part 141 appendices in the SFAR similar to the amendments to account 
for the alternate cross-country requirements because the PIC 
requirements are subject to Sec.  141.55(d) which allows a pilot school 
to apply and receive approval for a reduced hour curriculum in 
accordance with the appropriate appendix of part 141.
v. Technical Correction and Nomenclature Change
    The NPRM proposed a minor technical correction to the definition of 
cross-country time in Sec.  61.1(b). Specifically, the definition lists 
seven paragraphs, but incorrectly only references up to the sixth 
(i.e., paragraphs (ii) through (vi) rather than paragraphs (ii) through 
(vii)). The FAA proposed to correct the cross-reference in paragraph 
(i) of the definition to refer to paragraphs (ii) through (vii).
    Additionally, the FAA noted that the nomenclature concerning 
``cross-country time'' is inconsistent throughout part 61. The NPRM 
proposed to remove ``cross-country flight time'' throughout part 61 and 
replace the term with the words ``cross-country time.''
    The FAA did not receive any comments to these proposals and adopts, 
first, the correction in Sec.  61.1(b) definition of cross-country time 
and, second, the nomenclature change to ``cross-country time'' in the 
following provisions: Sec. Sec.  61.65(d), (e), (f), (g) introductory 
text, (g)(1) and (2); 61.67(b)(3); 61.68(b)(3); 61.129(g)(2)(i); 
61.159(a)(1), (a)(5)(i); 61.160(e), (f); 61.161(a)(1); 61.163(a)(1), 
(a)(3)(i); and 61.411(a)(1)(iii) and (iv), (c)(1)(iii) and (iv), 
(d)(1)(iii) and (iv), (f)(1)(iii) and (iv), (g)(1)(iii) and (iv).
5. Comments Pertaining to ATP Certificate Aeronautical Experience
    Bristow urged the FAA to consider providing relief for pilots 
seeking to gain aeronautical experience toward an ATP with powered-lift 
rating. Specifically, Bristow highlighted concerns that without such 
relief, only a small pool of military pilots would be qualified to 
immediately enable entities to stand up powered-lift commuter services. 
Bristow supported aeronautical experience requirement relief for those 
persons seeking an ATP certificate with a powered-lift category rating 
under the premise that powered-lift operations and characteristics are 
different than those of conventional aircraft with operations that 
require an ATP certificate. Bristow stated that ATP certificates are 
essential to pilots of conventional aircraft to transport large groups 
of passengers over long distances at high altitudes and that the 
currently mandated 1,500 hours of experience teaches pilots how to 
respond to serious situations in aircraft (e.g., loss of an engine), 
handle unscripted and unanticipated operational events (e.g., 
diversions), and experience operations in and out of different airports 
and operating environments with unique conditions and limitations. 
Bristow explained that, by contrast, powered-lift will function like 
taxis and busses as alternative to commercial aircraft services within 
a specific mile range at lower altitudes. Additionally, Bristow stated 
that powered-lift operations will follow set corridors with highly 
scripted operations and catastrophic events would not be as 
consequential due to built-in redundancies and autonomous systems.
    Subpart G of part 61 prescribes the requirements for issuance of an 
ATP certificate and ratings, the conditions under which those 
certificates and ratings are necessary, and the general operating rules 
for persons who hold those certificates. Among other requirements, a 
person must meet the aeronautical experience requirements of subpart G 
that apply to the aircraft category and class rating sought before 
applying for the practical test. Section 61.163 sets forth the 
aeronautical experience requirements for a powered-lift category 
rating. Currently, a person must have at least 1,500 hours of total 
time as a pilot that includes at least: (1) 500 hours of cross-country 
flight time, (2) 100 hours of night flight time, (3) 250 hours in a 
powered-lift as a PIC (or as an SIC performing the duties of a PIC 
under the supervision of a PIC, or any combination thereof) that 
includes at least 100 hours of cross-country flight time and 25 hours 
of night flight time, and (4) 75 hours of instrument flight time in 
actual or simulated instrument conditions.\266\ Additionally, no more 
than 100 hours of the total aeronautical experience requirements may be 
obtained in an FSTD that represents a powered-lift if the training is 
obtained under a part 142 training center.\267\
---------------------------------------------------------------------------

    \266\ Sec.  61.163(a)(1)-(4). The FAA notes that, of the 75 
hours of instrument flight time, a person is limited to no more than 
25 hours of simulated instrument time in an FSTD (see Sec.  
61.163(a)(4)(i)). However, if training is completed in a course 
conducted by a part 142 training center, a person may credit a 
maximum of 50 hours of the 75 hours in an FSTD (see Sec.  
61.163(a)(4)(ii)).
    \267\ Sec.  61.163(b).
---------------------------------------------------------------------------

    The FAA did not propose relief to the aeronautical experience 
requirements for an ATP certificate with a powered-lift rating because 
the reasons that the FAA proposed, and adopts herein, relief for the 
PIC flight time in a powered-lift aeronautical experience requirements 
for a commercial pilot certificate with a powered-lift rating are not 
equally

[[Page 92366]]

applicable. The FAA acknowledges that the flight regimes of a powered-
lift and a helicopter are similar for purposes of airmen certification, 
to warrant a stronger emphasis on vertical take-offs and landings and 
transition into horizontal flight and reduction specifically to PIC in 
a powered-lift time, particularly given the prerequisites to use the 
SFAR where a pilot would have met the PIC requirements in another 
aircraft. The FAA further reasoned that this reduction in PIC flight 
time in a powered-lift and cross-country relief will be conducted under 
a part 135, 141, or 142 training program. These training programs 
inherently include safeguards such as greater oversight, structured 
programs, dedicated training facilities, and FAA-approved curriculum, 
which function to ensure the pilot engages in high-quality training 
events.
    However, the FAA did not reduce the total amount of flight time 
required to apply for a commercial pilot certificate with a powered-
lift category rating, nor will this final rule reduce the total amount 
of flight time required for an ATP certificate with a powered-lift 
category rating for the same reasons. Specifically, as discussed in 
section V.F.4.ii. of this preamble, accruing experience in the aircraft 
through general minimum flight time requirements builds the pilot's 
proficiency in responding to an array of environmental and decisional 
situations. While this time is significantly lower for an ATP 
certificate with a rotorcraft category, helicopter class rating than 
for an ATP certificate with an airplane category rating (i.e., 300 
hours), the FAA does not have, nor has been presented with, data or 
supporting evidence that a reasonable safety basis exists to warrant a 
significant reduction of hours, especially where the intended 
operations for powered-lift include immediate passenger-transporting 
commercial operations.
    Additionally, the pilot flight time required for an ATP certificate 
with a powered-lift category rating is generalized pilot time such that 
a person's previously held experience in an airplane or helicopter will 
constitute a sizeable portion of required time. Specifically, only 250 
hours of the flight time set forth by Sec.  61.163 is required to take 
place in a powered-lift. The FAA does not find this to be an 
insurmountable amount of hours given the proficiency requirements 
expected of a pilot transporting passengers in commercial 
operations.\268\ Therefore, the FAA declines to provide any further 
relief from the requirements of Sec.  61.163 outside of the alternate 
definition of cross-country time, which would apply to the cross-
country requirement in Sec.  61.163(a)(3)(i).
---------------------------------------------------------------------------

    \268\ Sec.  61.163(a)(3).
---------------------------------------------------------------------------

6. Alternate Experience and Logging Summaries
i. Summary Tables for Obtaining a Commercial Pilot Certificate With 
Powered-Lift Rating
    As noted, this rule finalizes requirements to facilitate airmen 
certification for a commercial pilot certificate with a powered-lift 
rating involving several alternate experience and logging requirements. 
To facilitate readability of the alternate requirements that would 
apply to persons seeking powered-lift ratings, the FAA has 
compartmentalized the rule language into individual sections depending 
on the powered-lift ratings sought. Tables 3, 4, and 5 contain the 
proposed alternate provisions for a commercial pilot certificate with a 
powered-lift rating.

   Table 3--Alternate Provisions for a Commercial Pilot Certificate With a Powered-Lift Category Rating: Test
                                          Pilots and Instructor Pilots
----------------------------------------------------------------------------------------------------------------
                                          Alternate provisions for test
  Current flight time requirements      pilots, FAA test pilots, and FAA     Alternate provisions for instructor
         (Sec.   61.129(e))                          ASIs *                               pilots *
----------------------------------------------------------------------------------------------------------------
                                              Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of     No alternative.                       No alternative.
 which 50 hours must be in a powered-
 lift
----------------------------------------------------------------------------------------------------------------
                                                 PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which   100 hours of PIC flight time which    100 hours of PIC flight time, which
 includes at least--                   includes at least--                   includes at least--
(1) 50 hours in a powered-lift, and   (1) 35 hours in a powered-lift of     (1) 35 hours in a powered-lift of
(2) 50 hours in cross-country flight   which 15 may be in a Level C or       which 15 may be in a Level C or
 of which 10 must be in powered-lift   higher FFS; and                       higher FFS; and
                                      (2) 50 hours in cross-country flight  (2) 50 hours in cross-country flight
                                       of which 10 must be in powered-       of which 10 must be in powered-
                                       lift.                                 lift.
                                      A test pilot, FAA test pilot, or ASI  An instructor pilot who is not rated
                                       who is not rated in the powered-      in the powered-lift may log PIC
                                       lift may log PIC flight time in the   flight time in the experimental
                                       experimental powered-lift if (1)      powered-lift if (1) acting as PIC,
                                       the test pilot is the sole            and (2) the flight is conducted for
                                       manipulator of the controls, (2)      the purpose of crew training.
                                       the test pilot is acting as PIC,     See Sec.  Sec.   194.216 and
                                       and (3) the flight is conducted for   194.219(c).
                                       the purpose of R&D or showing
                                       compliance.
                                      See Sec.  Sec.   194.216 and
                                       194.217(c).
----------------------------------------------------------------------------------------------------------------

[[Page 92367]]

 
                        Training on the Areas of Operation listed in Sec.   61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of  Test pilot, FAA test pilot, or ASI    In lieu of receiving this training,
 operation listed in Sec.              may receive this training from an     an instructor pilot may meet this
 61.127(b)(5) that includes at         instructor pilot (rather than an      requirement by providing the
 least--                               authorized instructor) if (1)         manufacturer's training curriculum
                                       training is conducted in accordance   to a test pilot, FAA test pilot or
                                       with the manufacturer's training      ASI, which includes 20 hours of
                                       curriculum, and (2) test pilot, FAA   training on the areas of operation
                                       test pilot, or ASI receives           listed in Sec.   61.127(b)(5). The
                                       endorsement from instructor pilot     instructor pilot must receive
                                       certifying satisfactory completion    endorsement from management
                                       of the curriculum.                    official certifying that instructor
                                      See Sec.   194.217(b)(1).              pilot provided the training.
                                                                            See Sec.   194.219(b)(1).
(1) 10 hours of instrument training   Test pilot, FAA test pilot or ASI     Instructor pilot may satisfy this
 using a view-limiting device          may receive this instrument           requirement by providing instrument
 including attitude instrument         training from instructor pilot in     training to test pilot, FAA test
 flying, partial panel skills,         an experimental powered-lift in       pilot, or ASI in accordance with
 recovery from unusual flight          accordance with the manufacturer's    the manufacturer's proposed
 attitudes, and intercepting and       proposed training curriculum.         training curriculum. The instructor
 tracking navigational systems. 5     See Sec.   194.217(b)(1).              pilot must receive an endorsement
 hours of the 10 hours required on                                           from management official certifying
 instrument training must be in a                                            that instructor pilot provided the
 powered-lift.                                                               training.
                                                                            See Sec.   194.219(b)(1).
(2) The following cross-country       Test pilot, FAA test pilot, or ASI    Instructor pilot may complete all of
 flights--                             may complete all of the following     the same alternate cross-country
One 2-hour cross country flight in a   cross-country flights--               flights as test pilot, FAA test
 powered-lift in daytime conditions   One 2-hour cross country flight in a   pilot or ASI.
 that consists of a total straight-    powered-lift in daytime conditions   See Sec.   194.233(a).
 line distance of more than 100        that consists of a total straight-
 nautical miles from the original      line distance of more than 50
 point of departure; and               nautical miles from the original
One 2-hour cross country flight in a   point of departure;
 powered-lift in nighttime            One 2-hour cross country flight in a
 conditions that consists of a total   powered-lift in nighttime
 straight-line distance of more than   conditions that consists of a total
 100 nautical miles from the           straight-line distance of more than
 original point of departure; and      50 nautical miles from the original
                                       point of departure; and
                                      An additional cross-country flight
                                       with landings at a minimum of three
                                       points, with one segment consisting
                                       of a straight-line distance of at
                                       least 50 nautical miles from the
                                       original point of departure. The
                                       additional cross-country flight
                                       must include landings at different
                                       points than the first two cross-
                                       country flights.
                                      See Sec.   194.233(a).
(3) 3 hours in a powered-lift with    Test pilot, FAA test pilot, or ASI    Instructor pilot may accomplish the
 an authorized instructor in           may accomplish the practical test     practical test preparation with
 preparation for the practical test    preparation with an instructor        another instructor pilot (rather
 within the preceding 2 calendar       pilot (rather than an authorized      than an authorized instructor).
 months from the month of the test.    instructor).                         See Sec.   194.219(b)(2).
                                      See Sec.   194.217(b)(2).
----------------------------------------------------------------------------------------------------------------
                          Solo Flight Time or Flight Time Performing the Duties of PIC
----------------------------------------------------------------------------------------------------------------
Ten hours of solo flight time in a    Test pilot, FAA test pilot, or ASI    The alternate provision for test
 powered-lift or 10 hours of flight    may complete 10 hours of solo         pilots, FAA test pilot or ASI also
 time performing the duties of PIC     flight time under an endorsement      applies to instructor pilots.
 in a powered-lift with an             from an instructor pilot or 10       See Sec.   194.219(b)(3).
 authorized instructor on board        hours of flight time performing the
 (either of which may be credited      duties of PIC in a powered-lift
 toward the flight time requirement    with either a test pilot or an
 under Sec.   61.129(e)(2), on the     instructor pilot onboard.
 areas of operation listed in Sec.    See Sec.   194.217(b)(3).
 61.127(b)(5)) that includes--
(1) One cross-country flight of not   Test pilot, FAA test pilot, or ASI    Instructor pilot may complete the
 less than 300 nautical miles total    may complete two cross-country        same alternate cross-country
 distance with landings at a minimum   flights with landings at a minimum    flights as test pilot, FAA test
 of three points, one of which is a    of three points, with one segment     pilot, or ASI.
 straight-line distance of at least    consisting of a straight-line        See Sec.   194.233(b).
 250 nautical miles from the           distance of at least 50 nautical
 original departure point. However,    miles from the original point of
 if this requirement is being met in   departure. The second cross-country
 Hawaii the longest segment need       flight must include landings at
 only have a straight-line distance    different points than the first
 of at least 150 nautical miles; and   cross country flight.
                                      See Sec.   194.233(b).

[[Page 92368]]

 
(2) 5 hours in night VFR conditions   No alternative.                       No alternative.
 with 10 takeoffs and 10 landings
 (with each landing involving a
 flight in the traffic pattern) at
 an airport with an operating
 control tower.
----------------------------------------------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted in an experimental powered-lift at the
  manufacturer and the test pilots, ASIs and instructor pilots must be authorized by the Administrator to act as
  PIC of the experimental powered-lift. See proposed Sec.  Sec.   194.217(a) and 194.219(a).


  Table 4--Alternate Provisions for a Commercial Pilot Certificate With a Powered-Lift Category Rating: Initial
      Cadre of Check Pilots, Chief Instructors, Assistant Chief Instructors, and Training Center Evaluators
----------------------------------------------------------------------------------------------------------------
                                                         Alternate provisions for initial cadre of check pilots,
  Current flight time requirements  (Sec.   61.129(e))     chief instructors, assistant chief instructors, and
                                                                TCEs *  (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
                                              Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50 hours must    No alternative.
 be in a powered-lift
----------------------------------------------------------------------------------------------------------------
                                                 PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which includes at least--  100 hours of PIC flight time, which includes at least--
(1) 50 hours in a powered-lift, and                      (1) 35 hours in a powered-lift, 15 of which may be in a
(2) 50 hours in cross-country flight of which 10 must     Level C or higher FFS; and
 be in powered-lift                                      (2) 50 hours in cross-country flight of which 10 must
                                                          be in powered-lift.
                                                         An applicant who is not rated in the powered-lift may
                                                          log up to 25 hours of PIC flight time in a powered-
                                                          lift for flights that are conducted in accordance with
                                                          a manufacturer's training curriculum if the applicant
                                                          is (1) the sole manipulator of the controls, (2)
                                                          manipulating the controls of the powered-lift with an
                                                          instructor pilot onboard, and (3) performing the
                                                          duties of PIC.
                                                         See Sec.  Sec.   194.216 and 194.221(c).
----------------------------------------------------------------------------------------------------------------
                        Training on the Areas of Operation listed in Sec.   61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of operation listed    An applicant may receive this training from an
 in Sec.   61.127(b)(5) that includes at least--          instructor pilot (rather than an authorized
                                                          instructor) if (1) training is conducted in accordance
                                                          with the manufacturer's training curriculum, and (2)
                                                          applicant receives endorsement from instructor pilot
                                                          certifying satisfactory completion of the curriculum.
                                                         See Sec.   194.221(b)(1).
(1) 10 hours of instrument training using a view-        An applicant may receive this instrument training from
 limiting device including attitude instrument flying,    instructor pilot in a type certificated powered-lift
 partial panel skills, recovery from unusual flight       in accordance with the manufacturer's training
 attitudes, and intercepting and tracking navigational    curriculum.
 systems. 5 hours of the 10 hours required on            See Sec.   194.221(b)(1).
 instrument training must be in a powered-lift.
(2) The following cross-country flights--                An applicant may complete all of the following cross-
One 2-hour cross country flight in a powered-lift in      country flights--
 daytime conditions that consists of a total straight-   One 2-hour cross country flight in a powered-lift in
 line distance of more than 100 nautical miles from the   daytime conditions that consists of a total straight-
 original point of departure; and                         line distance of more than 50 nautical miles from the
One 2-hour cross country flight in a powered-lift in      original point of departure;
 nighttime conditions that consists of a total straight- One 2-hour cross country flight in a powered-lift in
 line distance of more than 100 nautical miles from the   nighttime conditions that consists of a total straight-
 original point of departure; and                         line distance of more than 50 nautical miles from the
                                                          original point of departure; and
                                                         An additional cross-country flight with landings at a
                                                          minimum of three points, with one segment consisting
                                                          of a straight-line distance of at least 50 nautical
                                                          miles from the original point of departure. The
                                                          additional cross-country flight must include landings
                                                          at different points than the first two cross-country
                                                          flights.
                                                         See Sec.   194.233(a).
(3) 3 hours in a powered-lift with an authorized         An applicant may accomplish the practical test
 instructor in preparation for the practical test         preparation from an instructor pilot (rather than an
 within the preceding 2 calendar months from the month    authorized instructor).
 of the test.                                            See Sec.   194.221(b)(2).
----------------------------------------------------------------------------------------------------------------

[[Page 92369]]

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


  Table 5--Alternate Provisions for a Commercial Pilot Certificate With a Powered-Lift Category Rating: Persons
                   Receiving Training Under a Part 135, 141, or 142 Approved Training Program
----------------------------------------------------------------------------------------------------------------
                                                           Alternate provisions for persons receiving training
  Current flight time requirements (Sec.   61.129(e))    under a Part 135, 141, or 142 approved training program
                                                                  *  (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
                                              Powered-Aircraft Time
----------------------------------------------------------------------------------------------------------------
100 hours in powered-aircraft, of which 50 hours must    No alternative.
 be in a powered-lift
----------------------------------------------------------------------------------------------------------------
                                                 PIC Flight Time
----------------------------------------------------------------------------------------------------------------
100 hours of PIC flight time, which includes at least--  100 hours of PIC flight time, which includes at least--
(1) 50 hours in a powered-lift, and                      (1) 35 hours in a powered-lift, 15 of which may be in a
(2) 50 hours in cross-country flight of which 10 must     Level C or higher FFS, and
 be in powered-lift                                      (2) 50 hours in cross-country flight of which 10 must
                                                          be in powered-lift.
                                                         An applicant who is not rated in the powered-lift may
                                                          log up to 25 hours of PIC flight time in a powered-
                                                          lift for flights that are conducted in accordance with
                                                          an approved training program under part 135, 141, or
                                                          142 if the applicant is (1) the sole manipulator of
                                                          the controls, (2) manipulating the controls of the
                                                          powered-lift with an authorized instructor onboard,
                                                          and (3) performing the duties of PIC.
                                                         See Sec.  Sec.   194.216 and 194.223(c).
----------------------------------------------------------------------------------------------------------------
                        Training on the Areas of Operation listed in Sec.   61.127(b)(5)
----------------------------------------------------------------------------------------------------------------
20 hours of training on the areas of operation listed    No alternative.
 in Sec.   61.127(b)(5) that includes at least--
(1) 10 hours of instrument training using a view-        No alternative.
 limiting device including attitude instrument flying,
 partial panel skills, recovery from unusual flight
 attitudes, and intercepting and tracking navigational
 systems. 5 hours of the 10 hours required on
 instrument training must be in a powered-lift.

[[Page 92370]]

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

ii. Summary Tables for Obtaining an Instrument-Powered-Lift Rating
    As noted, this rule finalizes requirements to facilitate airmen 
certification for an instrument-powered-lift rating involves several 
alternate experience and logging requirements. To facilitate 
readability of the alternate requirements that will apply to persons 
seeking powered-lift ratings, the FAA has compartmentalized the rule 
language into individual sections depending on the powered-lift ratings 
sought. Tables 6, 7, and 8 summarize the alternate provisions for an 
instrument-powered-lift rating.

     Table 6--Alternate Provisions for an Instrument-Powered-Lift Rating: Test Pilots and Instructor Pilots
----------------------------------------------------------------------------------------------------------------
                                          Alternate provisions for test
  Current flight time requirements      pilots,  AA test pilots, and FAA     Alternate provisions for instructor
          (Sec.   61.65(f))                          ASIs *                               pilots *
----------------------------------------------------------------------------------------------------------------
                                            Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as     A test pilot, FAA test pilot or ASI   An instructor pilot who is not rated
 PIC, of which 10 hours must have      who is not rated in the powered-      in the powered-lift may log PIC
 been in a powered-lift.               lift may log PIC flight time in the   flight time in the experimental
                                       experimental powered-lift toward      powered-lift toward the 10-hour
                                       the 10-hour cross-country time        cross-country time requirement if
                                       requirement if (1) the test pilot     (1) acting as PIC of the powered-
                                       is the sole manipulator of the        lift, and (2) the flight is
                                       controls, (2) the test pilot acting   conducted for the purpose of crew
                                       as PIC of the powered-lift, and (3)   training.
                                       the flight is conducted for the      See Sec.   194.227(c).
                                       purpose of R&D or showing
                                       compliance.
                                      See Sec.   194.225(c).
----------------------------------------------------------------------------------------------------------------

[[Page 92371]]

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


    Table 7--Alternate Provisions for an Instrument-Powered-Lift Rating: Initial Cadre of Check Pilots, Chief
                    Instructors, Assistant Chief Instructors, and Training Center Evaluators
----------------------------------------------------------------------------------------------------------------
                                                         Alternate provisions for initial cadre of check pilots,
   Current flight time requirements (Sec.   61.65(f))      chief instructors, assistant chief instructors, and
                                                                TCEs *  (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
                                            Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as PIC, of which 10       An applicant who is not rated in the powered-lift may
 hours must have been in a powered-lift.                  log PIC flight time in the powered-lift toward the 10-
                                                          hour cross-country time requirement for flights that
                                                          are conducted in accordance with a manufacturer's
                                                          training curriculum if the applicant is (1) the sole
                                                          manipulator of the controls, (2) manipulating the
                                                          controls of the powered-lift with an instructor pilot
                                                          onboard, and (3) performing the duties of PIC.
                                                         See Sec.   194.229(c).
----------------------------------------------------------------------------------------------------------------
                       Instrument Time on the Areas of Operation listed in Sec.   61.65(c)
----------------------------------------------------------------------------------------------------------------
40 hours of actual or simulated instrument time in the   An applicant may receive 15 hours of instrument
 areas of operation listed in Sec.   61.65(c), of which   training on the areas of operation listed in Sec.
 15 hours must have been received from an authorized      61.65(c) from an instructor pilot (rather than an
 instructor who holds an instrument-powered-lift          authorized instructor) if the training is conducted in
 rating, and the instrument time includes:                accordance with the manufacturer's training
                                                          curriculum, and the applicant receives endorsement
                                                          from instructor pilot certifying satisfactory
                                                          completion of the curriculum.
                                                         See Sec.   194.229(b)(1).
(1) 3 hours of instrument flight training from an        An applicant may accomplish the practical test
 authorized instructor in a powered-lift that is          preparation from an instructor pilot (rather than an
 appropriate to the instrument-powered-lift rating        authorized instructor).
 within 2 calendar months before the date of the         See Sec.   194.229(b)(2).
 practical test; and

[[Page 92372]]

 
(2) Instrument flight training on cross-country flight    Applicant may complete the cross-country
 procedures, including one cross-country flight in a      flight with an instructor pilot (rather than an
 powered-lift with an authorized instructor that is       authorized instructor).
 performed under IFR, when a flight plan has been filed   Instead of completing one cross-country flight
 with an ATC control facility, that involves--            of 250 nautical miles, an applicant may complete two
 A flight of 250 nautical miles along airways     cross-country flights, each of which must involve a
 or by directed routing from an ATC facility;             flight of 100 nautical miles along airways or by
 An instrument approach at each airport; and      directed routing from an ATC facility.\1\
 Three different kinds of approaches with the    See Sec.  Sec.   194.229(b)(4) and 194.235(a).
 use of navigation systems.
----------------------------------------------------------------------------------------------------------------
* To use the alternate provisions below, the flights must be conducted in a type-certificated powered-lift at
  the manufacturer and the applicant must be authorized by the Administrator to serve as an initial check pilot,
  chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating
  training in a powered-lift under an approved training program under part 135, 141, or 142, as appropriate. See
  Sec.   194.229(a).
\1\ The other requirements in Sec.   61.65(f)(2)(ii) would continue to apply for persons not utilizing the
  relief under proposed Sec.   194.235(b). Thus, each cross-country flight with the reduced 100-nautical mile
  distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve
  (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of
  navigation systems.


  Table 8--Alternate Provisions for an Instrument-Powered-Lift Rating: Persons Receiving Training Under a Part
                                   135, 141, or 142 Approved Training Program
----------------------------------------------------------------------------------------------------------------
                                                           Alternate provisions for persons receiving training
   Current flight time requirements (Sec.   61.65(f))    under a Part 135, 141, or 142 approved training program
                                                                  *  (herein referred to as applicants)
----------------------------------------------------------------------------------------------------------------
                                            Cross-Country Time as PIC
----------------------------------------------------------------------------------------------------------------
50 hours of cross-country time as PIC, of which 10       An applicant may credit up to 4 hours obtained in a
 hours must have been in a powered-lift.                  Level C or higher FFS toward the requirement to obtain
                                                          10 hours of cross-country time as PIC in a powered-
                                                          lift if (1) the FFS represents the powered-lift
                                                          category, (2) the applicant was performing the duties
                                                          of PIC, (3) the flight simulates a cross-country
                                                          flight and includes the performance of instrument
                                                          procedures under simulated instrument conditions and
                                                          (3) the flights are conducted in accordance with an
                                                          approved training program under part 135, 141 or 142.
                                                         See Sec.   194.231(c).
----------------------------------------------------------------------------------------------------------------
                       Instrument Time on the Areas of Operation listed in Sec.   61.65(c)
----------------------------------------------------------------------------------------------------------------
40 hours of actual or simulated instrument time in the   No alternative.
 areas of operation listed in Sec.   61.65(c), of which
 15 hours must have been received from an authorized
 instructor who holds an instrument-powered-lift
 rating, and the instrument time includes: at least--
(1) 3 hours of instrument flight training from an        No alternative.
 authorized instructor in a powered-lift that is
 appropriate to the instrument-powered-lift rating
 within 2 calendar months before the date of the
 practical test; and
(2) Instrument flight training on cross-country flight   Instead of completing one cross-country flight of 250
 procedures, including one cross-country flight in a      nautical miles, an applicant may complete two cross-
 powered-lift with an authorized instructor that is       country flights, each of which must involve a flight
 performed under IFR, when a flight plan has been filed   of 100 nautical miles along airways or by directed
 with an ATC control facility, that involves--            routing from an ATC facility.\1\
 A flight of 250 nautical miles along airways    See Sec.  Sec.   194.231(b) and 194.235(a).
 or by directed routing from an ATC facility;
 An instrument approach at each airport; and
 Three different kinds of approaches with the
 use of navigation systems.
----------------------------------------------------------------------------------------------------------------
* To use the alternate provisions below, the applicant must receive training at an approved training program
  under part 135, 141, or 142 for the purpose of obtaining a powered-lift category rating.
\1\ The other requirements in Sec.   61.65(f)(2)(ii) would continue to apply for persons not utilizing the
  relief under proposed Sec.   194.235(b). Thus, each cross-country flight with the reduced 100-nautical mile
  distance must be performed under IFR when a flight plan has been filed with an ATC facility and must involve
  (1) an instrument approach at each airport and (2) three different kinds of approaches with the use of
  navigation systems.

7. Alternate Endorsement Requirements for Certain Persons Seeking 
Powered-Lift Ratings
    Under the traditional airman certification framework in part 61, an 
applicant for a certificate or rating must receive certain endorsements 
from an authorized instructor.\269\ The FAA identified the same 
barriers to endorsements as previously discussed in sections V.F.2. and 
V.F.3. of this preamble insofar as part 61 defines ``authorized 
instructor,'' in pertinent part, as a person who holds a flight 
instructor certificate issued under part 61. Additionally, Sec.  
61.195(b) restricts a

[[Page 92373]]

flight instructor from conducting training in an aircraft unless the 
flight instructor holds the appropriate ratings on their flight 
instructor certificate. Instructor pilots at the manufacturer will 
provide training to test pilots, FAA test pilots, FAA ASIs, and the 
initial cadre of instructors, but may not meet the definition of 
``authorized instructor'' under part 61. Additionally, the SFAR will 
permit instructor pilots to credit training they provide, which would 
create a barrier in receiving an endorsement, as the FAA maintains the 
concept of a general prohibition on self-endorsement.\270\ Therefore, 
the FAA proposed an alternate endorsement pathway in Sec.  194.213. The 
FAA did not receive any comments specifically pertaining to the 
alternate endorsement requirements proposed in Sec.  194.213 and adopts 
the section with two minor revisions, subsequently discussed.\271\
---------------------------------------------------------------------------

    \269\ For example, Sec. Sec.  61.31(d)(2), 61.51(h).
    \270\ See Sec.  61.195(i).
    \271\ The FAA notes that Eve provided a comment related to 
endorsements in the context of ICAO Annex 2.1.1.4. Specifically, Eve 
stated that the FAA should remove Sec.  194.213 because 2.1.1.4 and 
removal of the category rating would no longer necessitate alternate 
flight instructor endorsements. Because the FAA is not implementing 
2.1.1.4, as discussed at length in section V.F.3.i. of this 
preamble, this recommendation is rendered inapplicable.
---------------------------------------------------------------------------

    The NPRM proposed Sec.  194.213(a)(1) to permit instructor pilots 
to provide the required logbook or training record endorsements 
contained in part 61 for a commercial pilot certificate with a powered-
lift category rating, an instrument-powered-lift rating, a powered-lift 
type rating, or a flight instructor certificate with powered-lift 
ratings to applicants who are (1) test pilots for the manufacturer of 
an experimental powered-lift, or (2) persons authorized by the 
Administrator to serve as an initial check pilot, chief instructor, 
assistant chief instructor, or training center evaluator (TCE) for the 
purpose of initiating training in a powered-lift under an approved 
training program under part 135, 141, or 142.\272\
---------------------------------------------------------------------------

    \272\ Under proposed Sec.  194.213(a)(2), certain management 
officials within the manufacturer's organization may provide an 
endorsement to an instructor pilot who provided the manufacturer's 
training curriculum to a test pilot (Sec. Sec.  194.219(b)(1)(ii) 
and 194.227(b)(1)(ii)). The final rule adopts this provision as 
proposed.
---------------------------------------------------------------------------

    Because this final rule extends the alternate pathway afforded to 
test pilots to FAA test pilots and ASIs (i.e., Sec. Sec.  194.217 and 
194.225), new Sec.  194.213(a)(1)(iii) adds FAA test pilots and 
aviation safety inspectors into the population of pilots for which an 
instructor pilot may provide an endorsement (i.e., aligning with test 
pilots). Additionally, the FAA notes that Sec.  194.219(b)(3) permits 
an instructor pilot to satisfy the aeronautical experience requirement 
in Sec.  61.129(e)(4) by logging at least 10 hours of solo flight time 
under an endorsement from another instructor pilot. Similarly, Sec.  
194.227(b)(3) permits an instructor pilot to accomplish the cross-
country flight specified in Sec.  61.65(f)(2)(ii) for an instrument-
powered-lift rating without an authorized instructor, provided, in 
pertinent part, the instructor pilot obtains a logbook or training 
record endorsement from the instructor pilot certifying that the person 
completed the cross-country flight. Because these regulations permit an 
instructor pilot to provide an endorsement to another instructor pilot, 
but the instructor pilot will not be a part 61 authorized instructor, 
this final rule adds instructor pilots to the alternate endorsement 
requirements in Sec.  194.213(a)(1)(i).

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

    As discussed in section V.F.7. of this preamble, the FAA is 
adopting alternate requirements for a person to obtain a commercial 
pilot certificate with a powered-lift category rating and an 
instrument-powered-lift rating. Because the alternate eligibility 
framework provides relief to applicants under the SFAR, the FAA found 
it appropriate to limit the circumstances under which an applicant 
could use the relief. As discussed in the NPRM,\273\ the FAA found that 
part 135 operators, part 141 pilot schools, and part 142 training 
centers would best facilitate a training program aligned with the 
alternate framework set forth in the SFAR. Specifically, part 141 pilot 
schools and part 142 training centers are already structured to provide 
alternate methods to obtain training and testing for part 61 
certification, including established mechanisms and oversight for 
curriculum, facilities, and personnel. Conversely, no regulatory 
framework generally exists for part 135 operators to conduct training 
and testing for initial ratings under part 61 because part 135 training 
and checking is primarily structured to qualify pilots to serve in a 
particular aircraft within the part 135 operational environment. 
However, the FAA found it appropriate to facilitate an option of 
training, testing, and checking for a powered-lift rating for part 135 
operators for the limited purpose of the SFAR, as proposed in the NPRM 
and subsequently discussed herein.\274\ Therefore, the NPRM proposed 
that, to be eligible for some of the alternate requirements, a pilot 
must satisfactorily complete the applicable curricula for those ratings 
in an approved training program under part 135, 141, or 142. As 
proposed, after completion of the approved curricula, a person would be 
required to satisfactorily complete the applicable practical test to 
obtain the powered-lift rating.
---------------------------------------------------------------------------

    \273\ 88 FR 38946 at 38990 (June 14, 2023).
    \274\ The FAA notes that this concept of crediting training in 
the operator's approved training program toward training and 
endorsements requirement to certain part 61 requirements is not 
wholly precedent-setting. See Sec. Sec.  61.157(c), 61.157(f), and 
61.63(d)(6)(ii).
---------------------------------------------------------------------------

    The proposal to facilitate the alternate requirements via a 
training program under parts 141 and 142 and expand training program 
privileges to part 135 operators received general support. 
Specifically, AWPC agreed with the FAA's approach that the SFAR 
training must be conducted as an approved course under part 135, 141, 
or 142, citing the clearly defined prerequisites to entry and the 
highly standardized and regulated course of instruction that would be 
offered. GAMA echoed this support, stating that relief provided in the 
SFAR necessitates training in approved courses under part 135, 141, or 
142 to ensure standardized instruction with defined prerequisites.\275\ 
A4A also expressed general support and further recommended that the 
training curricula across all parts be required to comply with 
standardized curricula design, learning objectives, performance tasks, 
and evaluation criteria as determined by the FAA for the training and 
qualification of powered-lift pilots and flight instructors.
---------------------------------------------------------------------------

    \275\ Section V.F. of this preamble addresses GAMA's additional 
comments pertaining to a competency and training-oriented 
curriculum, rather than an hours-based approach.
---------------------------------------------------------------------------

    The following sections summarize the facilitation of the alternate 
requirements in each part and discuss comments received.
1. Part 135
    As previously discussed, part 135 training and checking \276\ is 
traditionally intended to qualify a pilot to serve in a particular 
aircraft in a specific part 135 operation, whereby the pilot would 
already hold the certificates and ratings for such operations when they 
are hired. The following sections V.G.1.i. through v. of this preamble 
discuss the FAA's proposal to modify this traditional framework as it 
pertains to training curricula, curriculum content, pilot eligibility, 
instructor qualifications, and

[[Page 92374]]

checking and testing to implement a training regime for powered-lift 
ratings for part 135 operators.
---------------------------------------------------------------------------

    \276\ Part 135 training and checking typically includes policies 
and procedures specific to the part 135 operator and operation: for 
example, crew resource management, flight planning procedures, 
authorized approach procedures, and operations in weather 
conditions.
---------------------------------------------------------------------------

i. Airman Certification Training Curricula
    To facilitate part 135 operators in establishing and implementing a 
training curriculum under which pilots can obtain the powered-lift 
ratings required for part 135 operations, the FAA proposed a temporary 
provision in Sec.  194.243(a)(1). Under the proposed Sec.  
194.243(a)(1), a part 135 certificate holder would be able to implement 
a training curriculum to satisfy: (1) ground training, flight training, 
and aeronautical experience requirements in Sec.  61.65 for an 
instrument rating; \277\ (2) ground training, flight training, and 
aeronautical experience requirements in Sec.  61.63(b) for the addition 
of an aircraft category rating to a commercial pilot certificate; and 
(3) ground and flight training requirements in Sec.  61.63(d) to add a 
type rating to a commercial pilot certificate. These sections would 
permit a part 135 operator to provide the necessary experience and 
training for their initial pilots to receive part 61 certificates, as 
well as qualify their pilots for part 135 operations.
---------------------------------------------------------------------------

    \277\ As discussed in the NPRM, some part 135 operators will 
likely conduct only VFR operations. However, the FAA proposed that 
powered-lift pilots conducting VFR operations must nevertheless hold 
an instrument-powered-lift rating similar to the instrument-airplane 
rating that is required for pilots conducting part 135 VFR airplane 
operations. For reasons discussed in section V.J.5. of this 
preamble, powered-lift pilots will be required to hold an instrument 
rating even when operating under VFR. To facilitate pilots receiving 
an instrument rating, the FAA will allow part 135 operators to 
provide training for instrument ratings under an approved airman 
certification curriculum.
---------------------------------------------------------------------------

    As noted in the NPRM, a part 135 operator is not required to offer 
this part 61 training. Rather, this provision is intended to provide 
flexibility for part 135 operators to develop a sufficient number of 
qualified pilots for its operations. The FAA envisions that the pilots 
would complete the certification training before transitioning to the 
operator's part 135 training; however, the FAA would approve one 
curriculum if it meets all of the part 61 aeronautical experience 
requirements and the part 135 training requirements. A part 135 
operator who wants to provide this type of training to its pilots would 
submit their curricula to the responsible Flight Standards Office for 
approval in accordance with Sec.  135.325.\278\
---------------------------------------------------------------------------

    \278\ The FAA notes that guidance will be updated specifically 
in FAA Order 8900.1 Volume 3, Chapter 19 (Flightcrew Member Training 
and Qualification Programs) and Chapter 20 (Check Airman, 
Instructor, and Supervisor Programs for Part 121 and 135 Certificate 
Holders) to inform FAA ASIs on the approval and surveillance 
structure of part 135 powered-lift training programs. This guidance 
will be integrated into FAA Order 8900.1 upon final rule publication 
and implementation.
---------------------------------------------------------------------------

    Commenters generally supported the FAA's proposal to permit a part 
135 certificate holder to provide training for powered-lift category 
and type ratings on a commercial certificate and an instrument-powered-
lift rating through their approved curriculums. AWPC stated they agree 
with the FAA's approach to requiring this training through approved 
programs under parts 135, 141, and 142 because these courses apply 
defined prerequisites and deliver a highly standardized and regulated 
course of instruction. CAE also generally supported the FAA's proposal 
stating it would ensure standardized and regulated instruction with 
defined prerequisites. L3 Harris and Archer further echoed this 
support. Additionally, AWPC, CAE, GAMA, Archer, and L3Harris 
recommended that the FAA should add language to Sec.  61.71 to include 
part 135 as an approved training program for powered-lift to clarify 
that graduates of a part 135 approved certification program have met 
the requirements of part 61.
    Section 61.71 sets forth special rules for graduates of an approved 
training program outside of part 61. Specifically, Sec.  61.71 
acknowledges approved training programs under parts 141 and 142 as 
meeting the applicable aeronautical experience, aeronautical knowledge, 
and area of operation requirements under certain circumstances.\279\ 
Section 61.71(b) further acknowledges part 121 air carrier approved 
training curriculum and proficiency checks in certain circumstances as 
meeting the applicable requirements for an ATP certificate under Sec.  
61.157. The FAA determined it is unnecessary to revise Sec.  61.71 to 
include part 135 training programs because part 194 contains the 
necessary language that enables part 135 operators to conduct part 61 
training. As part 194 contains temporary allowances, it would not be 
appropriate to make a permanent amendment to Sec.  61.71 because the 
SFAR explicitly allows conduct notwithstanding provisions in part 61. 
Section 194.243 and the amendment to Sec.  61.1(a) \280\ would 
sufficiently integrate part 135 training in lieu of certain part 61 
requirements.
---------------------------------------------------------------------------

    \279\ Sec.  61.71(a).
    \280\ Specifically, under Sec.  61.1(a), part 61 prescribes the 
requirements for issuing pilot, flight instructor, and ground 
instructor certificates, ratings, and authorizations; the conditions 
under which those certificates, ratings, and authorizations are 
necessary; the privileges and limitations of those certificates, 
ratings, and authorizations; and the requirements for issuing such 
certificates and ratings for persons who have taken courses approved 
by the Administrator under other parts of chapter I of title 14 of 
the Code of Federal Regulations. The FAA proposed to revise Sec.  
61.1(a) to account for part 194 requirements, similar to the 
allowance for current part 107, which would sufficiently integrate 
the part 135 training program in tandem with new Sec.  194.243.
---------------------------------------------------------------------------

ii. Curriculum Content
    Under proposed Sec.  194.243(a)(1), an operator would be able to 
seek approval to offer training in conjunction with its part 135 
operator training to qualify its pilots for part 135 operations. As 
proposed, the curriculum content from a part 135 operator seeking to 
provide this training would involve foundational ground and flight 
training that may be nontraditional or inapplicable to part 135 
operations (i.e., aeronautical experience such as solo flight time, 
cross-country flight time, or certain maneuvers in the ACS). As 
explained in the NPRM, the airman certification curriculum would be 
required to satisfy the aeronautical experience requirements, including 
(1) the 20 hours of training, in Sec.  61.129(e) (as required by Sec.  
61.63(b)) or the applicable alternate requirements set forth by 
proposed part 194, (2) the requirements for an instrument rating in 
Sec.  61.65(f) or the applicable alternate requirements set forth by 
proposed part 194, and (3) the requirements for adding a type rating in 
Sec.  61.63(d).\281\
---------------------------------------------------------------------------

    \281\ As discussed in the NPRM, operators seeking to provide 
type ratings to powered-lift pilots who already hold powered-lift 
category ratings and instrument-powered-lift ratings would follow 
existing regulations in the same manner as operators using airplanes 
and rotorcraft can provide training and testing that result in the 
pilot receiving a type rating.
---------------------------------------------------------------------------

    Further, under Sec.  135.324, a certificate holder may contract 
with or otherwise arrange to use the services of a part 142 training 
center to conduct training, testing, and checking, subject to certain 
training center requirements. This existing provision would be equally 
applicable to a part 135 operator's approved certification curricula 
under the SFAR (i.e., a part 142 training center could deliver the part 
135 operator's approved certification curriculum). Likewise, the 
operator could send its pilots to a part 141 pilot school or part 142 
training center to obtain the necessary powered-lift ratings before 
returning to the part 135 operator to complete the required part 135 
training and checking.
    The FAA received comments from NATA and A4A (discussed below) 
encouraging use of the standardized curriculum approach to the 
certification curriculum in Sec.  194.243(a), but otherwise the FAA 
received no substantive comments pertaining to the content of the 
proposed curriculum.

[[Page 92375]]

Accordingly, Sec.  194.243(a) is adopted as proposed.
    NATA recommended the FAA consider the standardized curriculum 
program for part 135 operators. NATA stated that the standardized 
curriculum concept, supported by FAA and industry in enabling safety 
and administrative benefits, provides a means to standardize curricula 
offered by part 142 training centers to part 135 operators as an option 
to meet the training requirements of part 135. NATA emphasized benefits 
such as enhanced training, testing, and checking; leveraging 
experience; streamlined approval processes; and administrative 
efficiencies. A4A echoed this general sentiment, recommending that part 
141 pilot schools, part 142 training centers, and part 135 operators be 
required to comply with standardized curricula design, learning 
objectives, performance tasks, and evaluation criteria developed by the 
FAA.
    The standardized curriculum concept provides a means to standardize 
curricula offered by part 142 training centers to part 135 operators as 
an option to meet the training requirements of subpart H of part 
135.\282\ This concept aims to provide an efficient means for approving 
training curricula for a specific aircraft or series of aircraft 
offered by part 142 training centers while increasing the consistency 
of training, testing, and checking delivered to part 135 operators. To 
note, standardized curriculum is not a complete training program; \283\ 
rather, it is the aircraft-specific segment of the part 135 training to 
be delivered by a part 142 training center in accordance with Sec.  
135.324(b) (and all applicable requirements under part 135). 
Traditionally, the Training Standardization Working Group (TSWG) 
collaborates with stakeholders to develop and recommend a standardized 
curriculum to the ARAC for a specific aircraft fleet. In turn, the ARAC 
presents the recommendations to the FAA for review, consideration, and 
possible publication and implementation.\284\ Once published by the 
FAA, if the POI determines it fits the needs of the operator, the 
standardized curriculum is considered to meet the aircraft-specific 
requirements of a part 135 training program.
---------------------------------------------------------------------------

    \282\ www.faa.gov/pilots/training/standardized_curriculum.
    \283\ The certificate holder would still be required to develop 
some training curricula on their own, such as an indoctrination or 
special operations curriculum.
    \284\ See AC 142-1 Standardized Curricula Delivered by Part 142 
Training Centers.
---------------------------------------------------------------------------

    The FAA finds that part 135 training programs facilitating the 
entrance of this new category of aircraft must remain flexible and 
adaptive for the operator, retaining the ability to evolve with 
emerging trends, safety concerns, and operational considerations as 
powered-lift operations mature. The FAA agrees that the use of 
standardized curriculum could provide a benefit to part 135 powered-
lift operators in the future. However, the FAA finds it impractical and 
premature to establish a TSWG and develop a standard part 135 
curriculum for a powered-lift because no certificated powered-lift have 
completed the FSB process and, therefore, no operators currently use 
powered-lift (or qualified powered-lift FFS).\285\ However, the SFAR 
would not foreclose this as an option in the future should a specific 
type of powered-lift with a similar training footprint emerge along 
with significant insight into the training and operation of that 
powered-lift to develop a standardized curricula.
---------------------------------------------------------------------------

    \285\ The TSWG model is based on leveraging industry expertise 
to make recommendations to the FAA on part 135 curriculum content. 
Without any powered-lift currently operating, it will take time for 
the requisite expertise to develop in industry to properly inform 
the TSWG process.
---------------------------------------------------------------------------

iii. Pilot Eligibility
    The FAA also proposed eligibility standards for the pilots who may 
be trained under a part 135 airman certification training curriculum, 
which would be set forth by proposed Sec.  194.243(a)(3). As proposed, 
a certificate holder may train a pilot for powered-lift ratings only if 
the pilot is employed by the part 119 certificate holder. The pilots 
would also be required to meet the certificate and rating requirements 
of proposed Sec.  194.215(a) (i.e., at least a commercial pilot 
certificate with either (1) an airplane category rating with single- or 
multiengine class rating and an instrument-airplane rating, or (2) a 
rotorcraft category rating with a helicopter class rating and an 
instrument-helicopter rating).
    The FAA did not receive any comments on the proposed part 135 pilot 
eligibility provisions and adopts the provision as proposed.
iv. Part 135 Instructors
    Currently, instructors in part 135 are not required to hold a part 
61 flight instructor certificate. Rather, a part 135 instructor must 
meet the requirements set forth in Sec. Sec.  135.338 and 135.340.\286\ 
While the traditional part 135 instructor focuses on training pilots in 
the specific aircraft and operation, part 135 instructors under the 
SFAR will be training pilots on basic airman certification requirements 
(i.e., part 61 requirements). To provide training on basic airman 
certification requirements, a person must generally hold a part 61 
flight instructor certificate with appropriate ratings. Specifically, 
pursuant to Sec.  61.3(d)(2), a person must hold a flight instructor 
certificate issued under part 61 to give training required to qualify a 
person for solo flight and solo cross-country flight and to give 
certain endorsements.\287\
---------------------------------------------------------------------------

    \286\ These requirements include that the instructor be PIC 
qualified for the aircraft and operation (e.g., holding the airman 
certificates and ratings, successfully completing the required 
aircraft training phases, etc.), satisfactorily complete the 
approved part 135 instructor ground and flight training, and undergo 
continued observation by an FAA inspector, an operator check airman, 
or an aircrew designated examiner employed by the operator to ensure 
the quality and effectiveness of the instruction after initial 
instructor acceptance.
    \287\ See Sec.  61.3(d)(2)(ii) through (iv).
---------------------------------------------------------------------------

    The FAA recognizes there are certain scenarios, though, where a 
flight instructor certificate is not required. Under the narrowly 
tailored exception in Sec.  61.3(d)(3)(ii), a flight instructor 
certificate is not required to provide training and endorsements if 
provided by the holder of an ATP certificate with the appropriate 
rating in accordance with an approved air carrier training program 
under part 121 or 135. However, when a pilot traditionally receives 
training at a part 135 operator, the pilot already holds the 
appropriate category and class ratings on their commercial pilot 
certificate. Therefore, the instructor pilot who holds an ATP 
certificate but not a part 61 flight instructor certificate would be 
training a pilot who already demonstrated the basic airman 
certification proficiency and competency to the airman certification 
standards. This is unlike the framework adopted in this final rule 
whereby the part 135 approved training program will include 
foundational training and testing required to add category and 
instrument ratings to a commercial pilot certificate in lieu of part 61 
requirements.\288\
---------------------------------------------------------------------------

    \288\ Because approved training programs under part 135 do not 
include training and testing required to add category and instrument 
ratings to a commercial pilot certificate, nor does part 61 accept 
part 135 training and checking activity in lieu of part 61 
requirements for a commercial pilot certificate, the exception in 
Sec.  61.3(d)(3)(ii) does not currently apply and creates a safety 
gap in allowing the holder of an ATP certificate to provide part 61 
certification training. See Sec.  61.167(a) for ATP certificate 
holder training privileges.
---------------------------------------------------------------------------

    The FAA found it necessary to prevent a situation under which a 
part 135 instructor who holds an ATP certificate with powered-lift 
ratings

[[Page 92376]]

could provide training in a powered-lift to pilots seeking to add a 
powered-lift category rating and an instrument-powered-lift rating to 
their commercial pilot certificate through the part 135's airman 
certification curriculum. Specifically, as discussed in the NPRM, the 
FAA determined that a person must hold a flight instructor certificate 
issued under part 61 with the appropriate ratings to provide training 
for the purpose of adding a powered-lift category rating or an 
instrument rating to a commercial pilot certificate. This determination 
was based on the lack of powered-lift experience held by pilots 
completing the part 135 training program (who would be completing basic 
airman certification requirements) and the curriculum content required 
for the issuance of a commercial pilot certificate with a powered-lift 
category rating and an instrument-powered-lift rating (i.e., 
foundational ground and flight training and aeronautical experience not 
traditionally included in a part 135 training curriculum.) \289\
---------------------------------------------------------------------------

    \289\ For the issuance of a powered-lift category rating on a 
commercial pilot certificate, the training must cover the knowledge 
areas specified in Sec.  61.125(b) and the areas of operation 
contained in Sec.  61.127(b)(5). For the issuance of an instrument-
powered-lift rating, the training must cover the knowledge areas 
specified in Sec.  61.65(b) and the areas of operation contained in 
Sec.  61.65(c).
---------------------------------------------------------------------------

    The holder of a flight instructor certificate with a powered-lift 
category rating would be qualified to provide training on the tasks and 
maneuvers required in the approved certification training curriculum 
because the tasks and maneuvers are included on the powered-lift flight 
instructor practical test.\290\ Additionally, the flight instructor 
would have demonstrated the ability to provide effective training on 
the foundational tasks and maneuvers, demonstrate the skills required 
to perform those tasks and maneuvers within the approved standards, and 
analyze and correct common errors that occur during training of those 
tasks and maneuvers. For these reasons, the FAA proposed Sec.  
194.243(a)(2) to require an instructor in a part 135 airman 
certification training program to hold a flight instructor certificate 
with a powered-lift category rating and instrument-powered-lift rating 
issued under part 61 (in addition to meeting the qualification 
requirements of Sec. Sec.  135.338 and 135.340).
---------------------------------------------------------------------------

    \290\ See Commercial Pilot for Powered-Lift Category ACS (FAA-S-
ACS-2) and Flight Instructor for Powered-Lift Category ACS (FAA-S-
ACS-27), both incorporated by reference under Sec. Sec.  61.14 and 
61.43(a). Because Sec.  61.43(a) requires an applicant to perform 
the tasks specified in the areas of operation contained in the 
applicable ACS (or PTS), a person seeking a flight instructor 
certificate with a powered-lift category rating would be trained and 
tested on their understanding of these tasks and maneuvers, their 
application of that knowledge to manage associated risks, and their 
ability to demonstrate the appropriate skills and provide effective 
instruction for each of these tasks and maneuvers.
---------------------------------------------------------------------------

    To ensure the narrow exception in Sec.  61.3(d)(3)(ii) is not 
expanded in light of the FAA's proposal, the FAA proposed Sec.  
194.203(b) to specify that a person must hold a flight instructor 
certificate with the appropriate powered-lift ratings to conduct 
training in accordance with a training curriculum approved to meet the 
requirements of Sec.  194.243(a)(1). Additionally, to ensure the ATP 
privileges contained in Sec.  61.167(a) are not expanded as a result of 
the SFAR, the FAA proposed a limitation in Sec.  194.205 to prohibit a 
person who holds an ATP certificate with powered-lift ratings from 
instructing other pilots in accordance with an approved training 
program under part 135 for the purpose of obtaining a commercial pilot 
certificate with a powered-lift category rating or an instrument-
powered-lift rating.
    ALPA and an individual commenter supported the requirement that 
part 135 instructors providing training for a commercial pilot 
certificate with powered-lift ratings and an instrument-powered-lift 
rating hold a part 61 flight instructor certificate with appropriate 
ratings. The individual stated that the SFAR would enable the part 135 
instructors to provide foundational flight training to someone who does 
not already hold the category rating at the commercial level, which 
necessitates instructors trained under the same requirements as part 61 
instructors in the interest of ensuring safety and effective training. 
ALPA supported the FAA's conclusion, as set forth in the preamble to 
the NPRM, that a person with a flight instructor certificate would be 
best suited to provide training on the foundational tasks, maneuvers, 
and skills, and provide any corrective feedback and analysis.
    FlightSafety International, UPS Flight Forward (UPS FF), and 
L3Harris commented on the FAA's proposal to require a part 61 flight 
instructor certificate to provide training under the SFAR at a part 135 
operator. FlightSafety International did not appear to disagree with 
the general concept to require a flight instructor certificate for part 
135 instructors under the SFAR, but rather commented on the proposal in 
the context of aligning the type rating requirement with ICAO Annex 1, 
section 2.1.1.4. Specifically, FlightSafety International recommended 
the FAA revise proposed Sec.  194.203(b) to require a flight instructor 
under part 135 to hold any category or class flight instructor 
certificate with the appropriate powered-lift type rating only (rather 
than a flight instructor certificate with a powered-lift category and 
type rating). FlightSafety International also proposed similar 
revisions (i.e., any flight instructor certificate with only a powered-
lift type rating) in Sec. Sec.  194.205 and 194.243.
    UPS FF opposed the flight instructor certificate requirement, 
stating that part 135 operators and part 121 airlines have long relied 
on the regulatory allowance to train and qualify pilots without holding 
a part 61 flight instructor certificate and asserted that such a 
requirement would result in less experienced part 135 instructors or 
add a financial burden to operators that fund their instructors in the 
completion of part 61 instructor training. UPS FF urged the FAA to take 
several factors into consideration, including a perceived pilot 
shortage, the introduction of new and unique aircraft into commercial 
service, and the desire to have experienced pilots training new 
entrants. UPS FF suggested the FAA leverage the Aircrew Program 
Designee (APD) process to support part 135 operators conducting 
training and checking resulting in the issuance of both a category and 
type rating to a part 61 certificate. Similarly, L3Harris opposed the 
requirement, stating it would not add any value or safety to the 
certification process and will burden instructors at air carriers.
    First, for the reasons stated in section VII.A. of this preamble, 
the FAA is not implementing ICAO Annex 1, section 2.1.1.4 therefore 
FSI's suggestions are likewise not adopted.
    As previously discussed, UPS FF correctly notes that parts 121 and 
135 operators have traditionally relied on the allowance to train and 
qualify pilots without holding a part 61 flight instructor certificate. 
However, this allowance is narrowly tailored to the training and 
checking designed to prepare a pilot to operate in accordance with the 
air operator's certificate for which they are employed and for 
certification purposes extends solely to training required for a type 
rating. Under the new requirements in the SFAR, certificate holders 
under part 135 may submit a curriculum constituting a comprehensive 
airman certification training framework, which would go beyond the 
traditional scope of a part 135 training program. In other words, part 
135 certificate holders are not presently permitted to train pilots for 
their initial part 61 category ratings and, therefore, the 
corresponding instructor

[[Page 92377]]

pilots are not required to hold part 61 flight instructor certificates.
    The certification activity currently allowed to be accomplished 
through the completion of a certificate holder's training program is 
not analogous to the new certification curriculum for a commercial 
pilot certificate and instrument rating. First, to the extent that 
Sec.  61.157(f) allows checks at an operator to satisfy the practical 
test requirements for an ATP certificate, the ATP certificate practical 
test requires no additional training but rather is an experience-based 
eligibility (e.g., 1,500 total time as a pilot, etc.). Conversely, a 
commercial pilot certificate requires an applicant to complete training 
and acquire flight experience. To the extent that Sec.  61.157(c) 
allows pilots training under a part 135 training program to forego the 
flight training for a type rating in Sec.  61.157(b)(1) if they present 
a training record that shows completion of a certificate holder's 
approved training program for the aircraft type that also is 
distinguishable because a certificate holder's training program, like 
training for a type rating, is aircraft type specific. Accordingly, 
there is a correlation between the content of the operator's training 
program and the type rating training. It is for the exact reasons cited 
by UPS FF and L3Harris--the introduction of new and unique aircraft, a 
lack of experienced powered-lift pilots, and the desire to have 
experienced pilots training new entrants--that the FAA maintains the 
need for proficient flight instructors, who have been trained and 
tested themselves on these foundational airman certification tasks, 
maneuvers, and instructional abilities, to provide part 61 training.
    Commenters recommended leveraging the aircrew program designee 
(APD) process to reduce the reliance on instructors holding a part 61 
flight instructor certificate. An APD for an operator is a check pilot 
employed by the operator who is qualified and authorized to certify 
other pilots by conducting a certification examination, giving the 
operator the ability to facilitate certain airman certification for ATP 
certificates and type ratings (Sec. Sec.  61.63 and 61.157). Under the 
SFAR, the company may still leverage APDs to conduct evaluations 
required for the newly enabled ratings. However, the use of an APD 
program does not reduce the importance of using a pilot with a flight 
instructor certificate for initial certification training and ensuring 
basic flight concepts are taught by an appropriately rated individual 
with an understanding of training initial applicants. Therefore, the 
SFAR would not foreclose the use of an APD process under part 135, but 
individuals who provide flight training must be appropriately qualified 
as set forth in the SFAR.
    The FAA notes that the requirement to hold a part 61 flight 
instructor certificate with powered-lift ratings applies only to part 
135 instructors who train pilots seeking to obtain their initial 
powered-lift category and instrument ratings under a part 135 training 
program. The FAA is not altering the ability of an operator to use 
pilots who possess an ATP certificate to provide training under their 
approved part 135 training program with qualified PICs that hold their 
ATP certificate, as is the current status quo. This SFAR provision 
would only apply to training for initial powered-lift ratings under the 
part 135 training program to meet the part 61 requirements 
concurrently.
    Therefore, this final rule adopts the part 135 flight instructor 
certificate provisions as proposed.
v. Checking and Testing
    Part 135 initial training culminates in evaluations of the pilot's 
proficiency through the completion of a competency check under Sec.  
135.293(b) and, if conducting operations under IFR, a PIC instrument 
proficiency check under Sec.  135.297. The FAA proposed several 
provisions in Sec.  194.243(b) pertaining to part 135 airman 
certification and checking, which are adopted herein as proposed with 
one addition in new Sec.  194.243(b), as subsequently discussed. First, 
Sec.  194.243(b)(1) permits, at the completion of the certification 
curriculum and the part 135 operator training, a pilot to apply to add 
a powered-lift category rating concurrently with an instrument-powered-
lift rating and an initial powered-lift type rating to their commercial 
pilot certificate if the person successfully completes the written or 
oral testing under Sec.  135.293(a)(2) and (3), a competency check 
under Sec.  135.293(b), and an instrument proficiency check under Sec.  
135.297 provided certain conditions are met.\291\ Under Sec.  
194.243(b)(1)(iii)(A), the competency check must include the maneuvers 
and procedures required for the issuance of a commercial pilot 
certificate with a powered-lift category rating and a powered-lift type 
rating.\292\ Similarly, the instrument proficiency check must meet the 
requirements of Sec.  135.297 as applicable to a PIC holding a 
commercial pilot certificate, which includes the maneuvers and 
procedures required for the issuance of an instrument-powered-lift 
rating.\293\ As described in Sec. Sec.  135.293(e) and 135.297(c), 
competent performance of each maneuver and procedure on the competency 
check and instrument proficiency check requires that the pilot be the 
obvious master of the aircraft, with the successful outcome of the 
maneuver never in doubt. Finally, as set forth by Sec.  194.243(c), the 
testing, competency check, and instrument proficiency check would be 
administered by an ASI or APD who is authorized to perform competency 
checks and instrument proficiency checks for the certificate holder, or 
a TCE with appropriate certification authority who is also authorized 
to perform competency checks and instrument proficiency checks for the 
certificate holder.
---------------------------------------------------------------------------

    \291\ As noted in the NPRM, the FAA recognizes that certain PICs 
in part 135 would not be required to complete an instrument 
proficiency check under Sec.  135.297 (e.g., PICs and SICs serving 
in VFR only operations and SICs serving in IFR operations). However, 
if the operator opts to pursue a training program under the SFAR to 
issue an instrument-powered-lift rating, the person would be 
required to successfully complete the Sec.  135.297 instrument 
proficiency check to meet the requirements of proposed Sec.  
135.243(b) (see section V.J.5. of this preamble) and existing Sec.  
135.245(a).
    \292\ See Sec. Sec.  61.127(b)(5), 61.157(e)(3), and appendix A 
to part 61.
    \293\ Since the instrument proficiency check is being used to 
meet the practical test requirements for an instrument-powered-lift 
rating, the check must include all approaches required by the 
Instrument Rating--Powered-Lift ACS, even if the pilot will not be 
authorized to conduct one or more of those approaches during part 
135 operations (e.g., circling approaches).
---------------------------------------------------------------------------

    As proposed, certain part 135 regulations that apply to the 
competency check and instrument proficiency checks will not apply to 
the recognition of part 135 competency checks and instrument 
proficiency checks under the SFAR for initial certification purposes 
(i.e., to meet Sec.  194.243(b)(1)(iii)). Specifically, under Sec.  
194.243(b)(2), the allowance in Sec.  135.301(b), which permits a pilot 
who fails a maneuver on a check to receive additional training and then 
repeat the maneuver, will not be applicable to the competency check and 
instrument proficiency check under the SFAR.\294\ Lastly, the allowance 
in Sec.  135.293(d), which permits the substitution of a Sec.  135.297 
instrument proficiency check for a competency check, will not apply to 
the competency check for the powered-lift category rating. These 
exclusions are set forth in Sec.  194.243(b)(3).
---------------------------------------------------------------------------

    \294\ In other words, the pilot would be expected to meet the 
same standards as those set forth in
---------------------------------------------------------------------------


Sec.  61.43(a).  

    ALPA provided recommendations regarding competency checks, 
including

[[Page 92378]]

the maneuvers and procedures required to issue a commercial pilot 
certificate with powered-lift category rating. Specifically, ALPA 
recommended the use of ``continuing qualifications standards'' as 
outlined in part 135, which ALPA stated are foundational in training 
and passing pilots in part 135. Additionally, ALPA urged the FAA to 
provide standards and guidance for test pilots choosing the maneuvers 
for the competency checks because the lack of a structured approach 
would increase a safety risk in validating a pilot's competency. 
Finally, ALPA sought clarification on the outcome in a scenario where a 
pilot unsatisfactorily performs on a check and must recheck. ALPA 
specifically requested the FAA to comment on waiting periods and 
additional training requirements for such pilots.
    First, in regard to ALPA's suggestion that a continuing 
qualification standard be mandated amongst powered-lift operators, the 
FAA notes that all part 135 operators would be required to adhere to 
the regulations as applicable in part 135 and is unclear what 
additional qualifications standards ALPA contends would be beneficial 
for pilots. ALPA's use of the term ``continuing qualification'' could 
be interpreted as the establishment of an Advanced Qualification 
Program (AQP), which is discussed in section V.G.1.v of this preamble. 
Any part 135 operator has the option of implementing an AQP, subject to 
approval by their POI; it is not, however, mandatory for powered-lift 
unless they operate as a commuter operation as required in Sec.  
194.247. While the FAA does not foresee a high volume of commuter 
powered-lift operations at the onset of this SFAR, these operations 
will eventually emerge; the FAA expects pilots to obtain the 
qualifications (ATP certificate) and manufacturers to develop aircraft 
that would meet the regulatory thresholds for commuter operations. 
However, any additional continuing qualification requirement would be 
difficult to standardize at this time for the same reasons that the FAA 
finds a standardized curriculum premature to implement. Additionally, 
the FAA notes that the SFAR would not foreclose an operator from 
initiating any additional benchmarks or qualification checks that 
operator deems necessary for safe operation. For example, Archer 
discussed imposition of a 500-hour minimum flight hour experience level 
for pilots in anticipation of part 135 PIC responsibilities. Similarly, 
Lilium indicated they would impose real-time monitoring through 
approved remote technology to ensure operational safety is maintained 
during flight training.
    In addition to the items outlined in the checking modules and 
because competency and proficiency checks can now result in a 
commercial pilot certificate with a powered-lift category and type 
rating and an instrument-powered-lift rating, the checking event will 
be required to accomplish all the required tasks in the appropriate ACS 
for a pilot applicant employed at a certificate holder. Specifically, 
under Sec.  194.243(b)(1)(iii)(A), the competency check would be 
required to include the maneuvers and procedures required for the 
issuance of a commercial pilot certificate with a powered-lift category 
rating, an instrument-powered-lift rating, and a powered-lift type 
rating. Similarly, under Sec.  194.243(b)(1)(iii)(B), the instrument 
proficiency check must meet the requirements of Sec.  135.297 as 
applicable to a PIC holding a commercial pilot certificate, except that 
the instrument approaches to be included must include all instrument 
approaches required for the issuance of an instrument-powered-lift 
rating.
    The FAA agrees with ALPA's general contention that ASIs, APDs, and 
TCEs \295\ should be provided guidance and standards to conduct the 
checks pursuant to Sec.  194.243(b). Currently, tables for pilot 
proficiency checks are outlined in FAA Order 8900.1.\296\ These tables 
will be updated with this final rule to account for checking modules in 
a powered-lift to include basic checking modules for a Sec.  135.293 
VFR competency check, Sec.  135.293 IFR competency check, Sec.  135.297 
instrument proficiency check, and NVG tasks to be accomplished when 
appropriate.
---------------------------------------------------------------------------

    \295\ While ALPA cited test pilots as choosing the maneuvers, 
the FAA notes that ASIs, APDs, and TCEs conduct checks for part 135 
checks.
    \296\ See Volume 3, Chapter 19, Section 7, tables 3-70 and 3-71.
---------------------------------------------------------------------------

    Because Sec.  61.43 requires the practical test for the issuance of 
a rating include all tasks specified in the areas of operation 
contained in the applicable ACS as incorporated by reference in Sec.  
61.14, it follows that the corresponding check must include these tasks 
as well. For purposes of training program submission, the FAA notes 
that a certificate holder's module format may be either a simple 
outline, a table such as those contained in aforementioned FAA Order 
8900.1 tables, or any other format that the POI finds clearly 
establishes the methods to be used and elements and events to be 
checked.
    To the extent that ALPA sought clarification on unsatisfactory 
performance during a check and the process for rechecking, as 
previously stated, the FAA excluded the use of certain part 135 
regulations traditionally applicable to the competency check and 
instrument proficiency checks, as provided in Sec.  194.243(b)(2). 
Section 135.301(b) allows that, if a pilot fails a maneuver on a check, 
the person giving the check may provide the pilot with additional 
training during the check and then the pilot must repeat the failed 
maneuver. The FAA chose to foreclose this option if an individual was 
obtaining an initial category certificate or rating to align with how a 
part 61 pilot certificate is granted today in alignment with Sec.  
61.43(c) which specifies that, if a pilot fails any area of operation, 
that pilot fails the practical test. For evaluations and checks not 
resulting in the issuance of a pilot applicant's initial powered-lift 
ratings, the provisions in Sec.  135.301 would be available as they 
normally are.
    Further, because these checks essentially serve as a practical test 
for certification, successful completion of which is essential to 
ensuring comprehensive pilot proficiency, the FAA finds it necessary to 
treat checks in the same manner as a practical test in part 61 when a 
person cannot successfully demonstrate a task or maneuver. Where a 
check under part 135 would typically permit the pilot to receive 
additional training and repeat the maneuver, this final rule adopts new 
Sec.  194.243(b)(4) that mirrors current Sec.  61.49(a). In the case of 
a failed maneuver, the check will be recorded as an unsatisfactory 
evaluation and a notice of disapproval will be issued. To qualify for a 
recheck, the applicant will be required under Sec.  194.243(b)(4) to 
(1) receive necessary training from an authorized instructor or 
instructor pilot and (2) obtain an endorsement from the authorized 
instructor or instructor pilot who conducted the training and 
determination that the applicant is proficient to pass the test 
attesting to the training.\297\ A new application for the ratings would 
have to be made prior to a subsequent attempt. The retraining could not 
occur as part of the same flight and evaluation sequence because the 
person would be required to reapply for the check after receiving 
training and an endorsement.
---------------------------------------------------------------------------

    \297\ The applicant will also be required to comply with any 
requirements provided in the approved part 135 training manual for 
that operator.
---------------------------------------------------------------------------

2. Part 141 Pilot Schools
    As previously discussed, part 141 pilot schools serve as a 
structured

[[Page 92379]]

program \298\ under which a person may obtain part 61 certificates and 
ratings; the FAA proposed to allow part 141 pilot schools to offer the 
training for the alternate experience requirements set forth by the 
SFAR. The FAA did not propose any relief from the personnel 
requirements of a part 141 pilot school (i.e., subpart B of part 141). 
As such, an instructor at a part 141 pilot school would be required to 
hold a powered-lift category rating and an instrument-powered-lift 
rating on their commercial pilot certificate and a flight instructor 
certificate with a powered-lift rating or instrument-powered-lift 
rating.\299\ The instructor will also be required to hold a type rating 
on their pilot certificate that corresponds to the aircraft in which 
the training will be provided. As discussed in the NPRM, the FAA 
anticipates part 141 pilot schools will obtain the necessary training 
for powered-lift ratings from the manufacturers through the alternate 
pathways, discussed in section V.B. of this preamble, and the initial 
pool of instructors from the military pilots with certificates and 
ratings through the provisions of Sec.  61.73.
---------------------------------------------------------------------------

    \298\ For the purpose of this preamble, when referring to 
training program under part 141, the FAA considers this term 
synonymous with training course outline or training curriculum. The 
FAA is noting the slight differentiation in terms here for 
clarification.
    \299\ Sec.  141.33(a)(3). See also 141.35(a)(1), 141.36(a)(1), 
and 141.37(a)(2)(ii).
---------------------------------------------------------------------------

    Specific to part 141 pilot school requirements, CAE and NBAA stated 
that the requirement for Chief Instructors, Assistant Chief 
Instructors, and Designated Pilot Examiners to acquire the proposed 50 
hours in type (or combined with a simulator of Level C or higher) \300\ 
will be difficult as there are currently no powered-lift to use for 
training and/or testing. Similarly, both commenters stated that flight 
training organizations and students will experience a burden in finding 
a powered-lift for training and testing toward a powered-lift rating 
for non-commercial use.
---------------------------------------------------------------------------

    \300\ The FAA notes that there are no specific requirements of 
time in an aircraft to receive a type rating. See Sec.  61.63(d). 
The FAA understands this comment to mean the 50 hours of PIC time in 
a powered-lift, as the commenters both specified this amount of time 
earlier in their comments when remarking on similar concerns in the 
context of part 142. The FAA finds this comment is addressed in 
section V.F.2. of this preamble, where the FAA describes the 
reduction of PIC time in a powered-lift to 35 hours.
---------------------------------------------------------------------------

    The FAA agrees with CAE and NBAA that the lack of civilian powered-
lift for training and testing will create a unique burden for flight 
training organizations and students insofar as populations of pilots 
seeking training will not have ready access to the aircraft like those 
populations currently enjoy with airplanes and helicopters. The intent 
of the SFAR and the respective alternate frameworks set forth by this 
final rule work in tandem to alleviate that burden as much as possible 
while upholding a level of safety for pilots seeking to engage in 
civilian commercial operations commensurate with the existing high 
level of safety for those operations.
    The FAA notes that the SFAR does not solely address the 
facilitation of commercial operations. Rather, as stated in the NPRM, 
the intention expressed by industry to introduce these aircraft 
immediately into passenger-carrying commercial operations instigated 
the reconsideration of the existing airman regulations for powered-lift 
and address the absence of specific regulations for pilots in part 135, 
specifically. However, the SFAR does not create any additional barriers 
for ``non-commercial'' operations and, in fact, includes part 141 
personnel along with part 135 and part 142 personnel in the opportunity 
to obtain training at the manufacturer for the purpose of forming the 
initial cadre of instructors. In addition, the FAA proposed, and adopts 
in this final rule as discussed in section V.F. of this preamble, 
alternative requirements for private pilot certification. In the 
context of a part 141 pilot school, once a population of qualified 
personnel exists, the part 141 pilot school would be free to apply to 
deliver any powered-lift training curriculum they are qualified to 
provide (e.g., a private pilot certification course).
3. Part 142
    A part 142 training center, likewise, provides an alternate means 
to accomplish part 61 training and certification, established primarily 
in response to advancement in flight simulation technology in the late 
1990s.\301\ Aligned with the intent for part 141 pilot schools, the FAA 
anticipates that a part 142 training center will establish the initial 
cadre of flight instructors under the SFAR's alternate requirements by 
obtaining the necessary training at the manufacturer (see section 
V.F.2. of this preamble). After such, the part 142 training center 
could establish powered-lift training curricula utilizing the qualified 
TCEs to provide training to other instructor personnel at the training 
center.
---------------------------------------------------------------------------

    \301\ Aircraft Flight Simulator Use in Pilot Training, Testing, 
and Checking and at Training Centers, 61 FR 34508 (July 2, 1996).
---------------------------------------------------------------------------

    Part 142 contains its own requirements for flight instructor 
eligibility in Sec.  142.47. Section 142.47(a)(3) requires an 
instructor who is instructing in an aircraft in flight to be qualified 
under the flight instructor requirements in subpart H of part 61. To 
the extent that a part 142 training center will obtain approval for a 
curriculum that includes a portion of flight training in a powered-lift 
in flight, the training center instructors will be required to hold the 
appropriate powered-lift ratings on their pilot and flight instructor 
certificates.\302\ For instructors who conduct training in an FSTD, 
Sec.  142.47(a)(5) requires that an instructor satisfy one of three 
options to provide instruction: (1) meet the commercial aeronautical 
experience requirements of Sec.  61.129(a), (b), (c), or (e), as 
applicable, excluding the required hours of instruction in preparation 
for the commercial pilot practical test; (2) meet the ATP aeronautical 
experience requirements of Sec. Sec.  61.159, 61.161, or 61.163,\303\ 
as applicable, if instructing in an FSTD that represents an ``airplane 
requiring a type rating'' or instructing in a curriculum leading to the 
issuance of an ATP certificate or added rating to an ATP certificate in 
any category of aircraft; or (3) be employed as an FSTD instructor for 
a training center providing instruction and testing to meet the 
requirements of part 61 on August 1, 1996.
---------------------------------------------------------------------------

    \302\ In addition to Sec.  142.47(a)(3), Sec.  142.49 sets forth 
training center instructor and evaluator privileges and limitations 
and restricts a training center from allowing an instructor to 
provide flight training in an aircraft unless that instructor is 
qualified and authorized in accordance with subpart H of part 61 
(Flight Instructors Other than Flight Instructors with a Sport Pilot 
Rating).
    \303\ These sections set forth the aeronautical experience 
requirements for a commercial certificate with an airplane single-
engine rating, airplane multiengine rating, helicopter rating, and 
powered-lift rating.
---------------------------------------------------------------------------

    Essentially, notwithstanding the third option, in the current 
regulatory environment, the part 142 instructor seeking to instruct in 
a powered-lift FSTD for a commercial pilot certificate would only be 
required to meet the aeronautical experience requirements for a 
commercial pilot certificate with a powered-lift category rating. 
Because Sec.  142.47(a)(5)(ii) applies only to airplanes requiring a 
type rating, persons instructing in an FSTD in a powered-lift (which 
would all require a type rating under this final rule, as discussed in 
section V.A. of this preamble) would only be required to meet the 
aeronautical experience requirements of a commercial certificate with a 
powered-lift category rating (i.e., Sec.  61.129(e)), unlike how 
airplanes requiring a type rating are treated. In other words, Sec.  
142.47(a)(5)(ii) would be

[[Page 92380]]

inapplicable because the person instructing in a powered-lift FSTD 
would not be representing an airplane (the first criteria in the 
paragraph), nor would the person be instructing in a curriculum leading 
to the issuance of an ATP certificate or an added rating to an ATP 
certificate (the second criteria in the paragraph). In the NPRM, the 
FAA also noted this discrepancy concerning helicopters requiring a type 
rating.
    As comprehensively discussed in the NPRM,\304\ the FAA found it 
necessary to ensure a person instructing in an FSTD for an aircraft 
requiring a type-rating possess a higher level of experience than that 
required for a commercial pilot certificate due to technological 
advancements in type-rated aircraft. Therefore, the FAA proposed to 
impose the same standard for powered-lift and rotorcraft instructors 
providing training in an FSTD as those required for airplanes by 
replacing the word ``airplane'' with ``aircraft'' in Sec.  
142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \304\ 88 FR 38946 at 38996 (June 14, 2023).
---------------------------------------------------------------------------

    Most existing rotorcraft training center instructors already meet 
the aeronautical experience requirements of Sec.  142.47(a)(5)(ii) for 
rotorcraft that require type ratings or do not offer standalone type-
rated rotorcraft curriculum (e.g., the training center offers an ATP 
curriculum for the type-rated rotorcraft, thereby falling into the 
criteria in the second part of Sec.  142.47(a)(5)(ii)). However, to 
facilitate integration of this regulatory change while not disrupting 
current practice for those instructors who may not currently satisfy 
this standard, the FAA proposed to except instructors that are 
currently instructing in an FSTD that represent a rotorcraft requiring 
a type rating from this proposed requirement in new Sec.  
147.47(a)(5)(ii)(A) and (B).
    Additionally, the FAA recognized that implementation of this 
regulation may delay some operators initially by the lack of pilots 
possessing an ATP certificate with the appropriate powered-lift 
ratings. The FAA noted the availability of deviation authority in Sec.  
142.9 for powered-lift instructors (and rotorcraft instructors, given 
the regulatory change for this population of instructors). Section 
142.9 functions to provide an avenue for relief from the ATP experience 
requirements of Sec.  142.47(a)(5)(ii) if the FAA determines that it 
would not adversely affect the quality of instruction or 
evaluation.\305\
---------------------------------------------------------------------------

    \305\ See FAA Order 8900.1, Vol. 3, Ch. 54, Sec. 4. The FAA may 
consider the level of safety purportedly achieved by the request, 
the proposed revisions to the training center's operating procedures 
and Quality Management Systems, and any accompanying justification, 
procedures, or policies that the training center proffers in support 
of its request for relief.
---------------------------------------------------------------------------

    Many commenters, including NBAA, CAE,\306\ and Archer, opposed the 
FAA's proposal to replace the term ``airplane'' with ``aircraft,'' 
thereby expanding the requirement for an FSTD instructor to meet the 
aeronautical experience requirements of Sec. Sec.  61.159, 61.161, or 
61.163, as applicable. Specifically, Archer stated the proposal is 
devoid of a clear, safety-based justification and lacks necessary 
supporting data to warrant its adoption. Archer urged the FAA to 
consider that the underlying reason for the type rating was the 
inability to establish coherent classes and recognize that if the FAA 
did establish classes of powered-lift then the type-rating requirement 
would disappear, as would the corresponding requirement for FSTD 
instructors in Sec.  142.47(a)(5)(ii). Archer stated that the 
aeronautical experience requirements for FSTD instructors of large, 
complex, and turbojet powered type-rated airplanes should not be 
equally applicable to powered-lift because powered-lift are simple to 
fly and will be flown by predominantly commercial pilots without an ATP 
certificate. Archer also emphasized the comparison of the aeronautical 
experience expected from parts 141 and 135 instructors compared to part 
142 instructors. Archer stated that the same FSTD that would require an 
instructor with an ATP certificate or equivalent aeronautical 
experience at a part 142 training center could be used for training 
under part 135 or 141 with only an authorized instructor, resulting in 
a burden to part 142 training centers. In sum, Archer urged the FAA to 
maintain the existing language in Sec.  142.47(a)(5)(ii) preserving the 
distinction between ``airplane'' and ``aircraft.'' If the FAA continued 
to believe the proposed change is necessary, Archer provided suggested 
revised language to exempt part 142 powered-lift and rotorcraft FSTD 
instructors who also instruct in the aircraft being simulated from the 
requirement to hold an ATP certificate or equivalent experience. Archer 
also disagreed with the FAA's reliance on Sec.  142.9 as an avenue for 
relief from the ATP experience requirements of Sec.  142.47(a)(5)(ii), 
stating that the deviation approach may be cumbersome and elongated. 
GAMA requested the FAA apply ICAO Annex 1 language (i.e., add a 
powered-lift type rating to an existing commercial certificate with 
airplane or helicopter ratings) and clarify that an instructor pilot 
may meet the aeronautical experience requirements of Sec.  61.159 
(airplane) or Sec.  61.161 (rotorcraft), as appropriate to the specific 
aircraft type. GAMA also suggested the training instructor requirements 
to be specified in the FSB report for that aircraft.
---------------------------------------------------------------------------

    \306\ CAE and NBAA echoed their previous sentiment in the 
context of training in accordance with part 141 under the SFAR. They 
again stated that requiring the initial cadre of TCEs to be trained 
by the manufacturer would create a backlog for training by 
preventing part 142 training centers from qualifying initial 
instructors and TCEs. They estimated part 142 training centers would 
need 7 to 9 instructors per simulator, which will be difficult to 
achieve given (1) the perceived atypical requirement for a training 
center instructor to be a CFI, and (2) the requirement for 
instructors to have a powered-lift category rating. The commenters 
recommended removing the powered-lift category rating and the 
requirement for training center instructors to hold a CFI with no 
additional information on how these instructors would be 
alternatively and sufficiently qualified.
---------------------------------------------------------------------------

    First, Archer is correct that the FAA found it premature to 
identify concrete sets of similar characteristics to establish powered-
lift classes at this time due to the wide variance in complexity, 
design, flight, and handling characteristics between powered-lift. This 
forms the basis for the requirement of a type rating. The operational 
characteristics and introduction of novel aircraft and operations 
necessitate that a person providing instruction maintain a higher 
threshold of proficiency in areas such as interacting with air traffic 
control, operating in an airport environment, navigating the 
operational challenges of flying the aircraft in weather, using crew 
resource management, and resolving maintenance discrepancies, all while 
complying with FAA regulations, procedures, manuals, and 
authorizations. Archer may be correct that some powered-lift may be 
simple to fly; however, the FAA does not have an adequate sample size 
with which to determine whether powered-lift are sufficiently simple 
enough such that training qualifications in an FSTD should be 
decreased. While one powered-lift may be overwhelmingly autonomous, 
another may encompass largely manual operations.
    However, the FAA recognizes that, to Archer's point, the underlying 
reasons for establishing a type rating for all powered-lift do not 
substantially align with the reasons an airplane or helicopter may 
require a type rating under Sec.  61.31. Specifically, under Sec.  
61.31(a), a person who acts as a PIC of a large aircraft,\307\ 
turbojet-powered airplane, or other aircraft as specified by the 
Administrator through aircraft type certificate procedures must hold a 
type

[[Page 92381]]

rating for that aircraft. The FAA determined the speed, complexity, and 
operating characteristics of large aircraft require the PIC to 
demonstrate proficiency in operating the specific aircraft; similarly, 
the FAA determined that the performance, environment, and operating 
characteristics of turbojet-powered airplanes require the PIC to 
demonstrate proficiency in operating the specific airplane.\308\ As 
adopted by this final rule, a PIC will be required to hold a type 
rating for every powered-lift to account for the lack of classes 
established at this time and diversity in powered-lift configurations, 
controls, and operating characteristics. It follows that not every 
powered-lift will be equally complex as a large aircraft or turbojet 
airplane just by virtue of requiring the pilot to hold a type rating 
under Sec.  61.31(a).
---------------------------------------------------------------------------

    \307\ Pursuant to 14 CFR 1.1, large aircraft means aircraft of 
more than 12,500 pounds, maximum certificated takeoff weight.
    \308\ Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17, 
1964). Pilot Rating Requirements, final rule, 30 FR 11903 (Sep. 17, 
1965).
---------------------------------------------------------------------------

    Therefore, this final rule revises the proposed replacement in 
Sec.  142.47(a)(5)(ii) of ``airplane'' requiring a type rating with 
generalized ``aircraft'' requiring a type rating (i.e., enveloping 
large airplanes, large helicopters, turbojet powered airplanes, and all 
powered-lift, despite the size or engine type). Rather, this final rule 
will extend the requirements of current Sec.  142.47(a)(5)(ii) to 
rotorcraft requiring a type rating (as proposed), ``large'' powered-
lift (i.e., powered-lift of more than 12,500 pounds maximum 
certificated takeoff weight), and turbojet powered powered-lift.\309\ 
This amendment holds powered-lift akin to the airplane type rating 
requirement, recognizing that large powered-lift and powered-lift that 
operate with turbojet engines are complex, high-speed, and high-
altitude, and, therefore, require an increased caliber of experience 
when instructing in the simulator. Since every powered-lift requires a 
type rating, to avoid being overly expansive, the amendment does not 
tie the ATP experience requirement for powered-lift to those having a 
type rating, but instead to what normally triggers a type rating 
requirement in airplanes and helicopters. Part 142 instructors seeking 
to instruct in an FSTD representing a powered-lift of 12,500 pounds 
maximum certificated takeoff weight or less and powered-lift that do 
not use turbojet engines would not be required to meet the ATP 
requirements set forth by Sec.  142.47(a)(5)(ii); these instructors 
could simply meet the applicable aeronautical experience requirements 
of Sec.  61.129(e) as set forth in Sec.  142.47(a)(5)(i).
---------------------------------------------------------------------------

    \309\ This corrects a discrepancy made in the 1996 final rule 
(61 FR 34508, July 2, 1996) whereby the word ``airplane'' was 
unintentionally substituted for ``aircraft'', excluding rotorcraft 
complex enough to require a type rating from the ATP experience 
requirements.
---------------------------------------------------------------------------

    To improve readability of the regulation, the FAA adopts the 
revisions to Sec.  142.47(a)(5)(ii) in a revised format. The 
introductory text in Sec.  142.47(a)(5) will require a person to meet 
at least one of the requirements in paragraphs (i) through (iii). These 
are the three options currently in paragraph (a)(5)(i) through (iii) 
but, as subsequently discussed, this final rule adds an exception in 
new paragraph (a)(5)(iv). Paragraphs (a)(5)(i) and (iii) will retain 
the current requirement set forth in the regulations, respectively. 
Paragraph (a)(5)(ii) will require a person to meet the aeronautical 
experience requirements of Sec. Sec.  61.159, 61.161, or 61.163, as 
applicable, in the scenarios set forth by new paragraph (a)(5)(ii)(A) 
(in an FSTD representing an airplane or rotorcraft requiring a type 
rating, a powered-lift over 12,500 pounds, or a turbojet powered 
powered-lift, with one exception) and new paragraph (a)(5)(ii)(B) (in a 
curriculum leading to the issuance of an ATP certificate or an added 
rating to an ATP certificate). Section 142.47(a)(5)(iv) will set forth 
the aforementioned exception to Sec.  142.47(a)(5)(ii)(A). 
Specifically, new Sec.  142.47(a)(5)(iv) excepts a person employed as 
an instructor and instructing in an FSTD representing a rotorcraft 
requiring a type rating from meeting the aeronautical experience 
requirements of Sec.  142.47(a)(5)(ii) if the person is not instructing 
in a curriculum leading to the issuance of an ATP certificate or an 
added rating to an ATP certificate and the person was employed and met 
the remaining applicable requirements of Sec.  142.47 on March 21, 
2025. The FAA notes that exception was proposed in the NPRM but is 
simply redesignated in the adoption of this final rule.
    Finally, the FAA recognizes that a person who obtains a commercial 
pilot certificate with a powered-lift category rating in accordance 
with the SFAR will not technically have met the aeronautical experience 
requirements set forth by Sec.  61.129(e). For example, a pilot will 
have only completed 35 hours of PIC time in a powered-lift (Sec.  
194.216(a)) rather than 50 hours (Sec.  61.129(e)(2)(i)).\310\ Under 
current Sec.  142.47(a)(5)(i), that fully certificated pilot would be 
required to seek 15 more hours of PIC time in a powered-lift to meet 
the aeronautical experience requirements of Sec.  61.129(e)(2)(i). The 
FAA does not find that a person should be required to attain additional 
experience after the person has met the regulatory aeronautical 
experience requirements as set forth in part 61 or through an 
abbreviated experience regulation (i.e., part 141) and proven 
proficiency through the practical test. Therefore, this final rule adds 
the qualification option of simply holding a commercial pilot 
certificate with the appropriate ratings. The FAA emphasizes that 
meeting the aeronautical experience requirements as currently required 
remains an option without holding the certificate itself, as well. For 
these same reasons, this final rule adds the option to hold an 
unrestricted ATP certificate with the appropriate ratings to Sec.  
142.47(a)(5)(ii).
---------------------------------------------------------------------------

    \310\ A similar gap exists for those pilots certificated in 
accordance with part 141 where a person may be eligible for a 
certificate after completing an abbreviated number of aeronautical 
experience hours.
---------------------------------------------------------------------------

    Finally, NBAA and CAE stated that, normally, part 142 training 
center instructors do not need to hold a flight instructor certificate 
or a flight instructor certificate with an instrument rating, but the 
SFAR requires a powered-lift type rating, instrument-powered-lift 
rating, a flight instructor certificate, and a flight instructor 
certificate with an instrument rating. The two commenters noted that if 
the aircraft is not type-certificated to enable IFR operations, the 
flight instructor certificate with instrument rating and instrument 
rating in the aircraft type will not be required. In sum, NBAA and CAE 
recommended that the FAA should continue the long-time policy that 
training center instructors do not need to hold the flight instructor 
certificate or flight instructor certificate with instrument rating 
provided they hold an ATP certificate.
    The FAA agrees with NBAA and CAE that part 142 does not always 
require a flight instructor certificate or a flight instructor 
certificate with an instrument rating to instruct,\311\ and this final 
rule does not change the status quo expected of part 142 instructors 
outside of the previously discussed revisions in Sec.  142.47(a)(5), 
which do not involve flight instructor certificate requirements. 
Specifically, this final rule continues to uphold the requirements of 
Sec.  142.47, as discussed herein. In other words, if instructing in an 
FSTD for any curriculum, a part 142 instructor is not required to hold 
a flight instructor certificate. However, under Sec.  142.47(a)(3), a 
training center instructor providing training in an

[[Page 92382]]

aircraft in flight must be qualified in accordance with subpart H of 
part 61, which includes the requirement to hold a flight instructor 
certificate. As with training in flight in airplanes and rotorcraft 
conducting at a part 142, flight training in a powered-lift in flight 
will require the part 142 instructor to hold a flight instructor 
certificate with the appropriate ratings.
---------------------------------------------------------------------------

    \311\ Per Sec.  142.47 a flight instructor certificate is only 
required if instructing in an aircraft in flight under a part 142 
training center.
---------------------------------------------------------------------------

H. Practical Tests

1. Practical Test Equipment and Waiver Authority
    Section 61.43 provides the general procedures for a practical test. 
The FAA recently completed a rulemaking that amended Sec.  61.43 to 
incorporate the PTSs and ACSs by reference (IBR).\312\ The rule revised 
Sec.  61.43(a)(1) to delineate successful completion of the practical 
test as performing the tasks specified in the areas of operation 
contained in the applicable ACS or PTS. As it pertains to powered-lift, 
the FAA incorporated six powered-lift ACSs into part 61: (1) ATP and 
Type Rating for Powered-Lift Category, (2) Commercial Pilot for 
Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4) 
Instrument Rating--Powered-Lift, (5) Flight Instructor for Powered-Lift 
Category, and (6) Flight Instructor Instrument for Powered-Lift 
Category. The six powered-lift ACSs specify the tasks within the given 
areas of operation that must be accomplished for purposes of receiving 
a powered-lift category rating, type rating, and/or instrument rating.
---------------------------------------------------------------------------

    \312\ **IBR RULE CITATION**
---------------------------------------------------------------------------

    Correspondingly, Sec.  61.45 sets forth the required aircraft and 
equipment for a practical test. Specifically, Sec.  61.45(b) stipulates 
the equipment, other than controls, required of an aircraft used on the 
practical test and allows the use of an aircraft with operating 
characteristics that preclude the applicant from performing all the 
tasks for the practical test. However, when an applicant for a 
certificate or rating is unable to perform a required task due to 
aircraft capabilities, an appropriate limitation is placed on the 
applicant's certificate or rating. This limitation ensures the pilot 
cannot act as PIC of an aircraft that has capabilities that are 
inconsistent with the limitation on the pilot's certificate until the 
pilot satisfactorily demonstrates the task they have not performed.
    Because the FAA will require that all pilots seeking to act as PIC 
of a powered-lift hold a type rating on their pilot certificate for the 
type of powered-lift they intend to operate, no need exists for a 
limitation should the powered-lift be precluded from performing a task 
in an ACS. Therefore, the FAA proposed Sec.  194.207(a) to permit an 
applicant to use a powered-lift that is precluded from performing all 
of the tasks required for the practical test without receiving a 
limitation on the applicant's certificate or rating. This would not 
adversely affect safety because the type-rated pilot could not act as 
PIC of a different powered-lift type that may perform untested task 
without completing another practical test in that type of powered-lift 
first, thereby demonstrating proficiency on the task that had been 
waived on the prior practical test.
    As stated in the NPRM, because there are currently no type-
certificated powered-lift, the FAA did not have the requisite 
information to determine which tasks might be deemed prohibited, 
unsafe, or uncapable of being performed during the aircraft 
certification and evaluation processes to delineate such tasks in the 
proposed SFAR, nor was that information available for the IBR rule in 
the adoption of the six powered-lift ACSs. One commenter addressed the 
FAA's inability at this time to identify which tasks a powered-lift 
would be precluded from performing, suggesting that the FAA could 
address this information gap by speaking with the cadre of V-22, AW-
609, V-280, F-35 and AV-8 test pilots and engineers via working groups.
    As discussed in section V.B. of this preamble, the U.S. Armed 
Forces maintains and uses some of the powered-lift referenced by the 
commenter in military operations. However, no surplus military powered-
lift have come into civil operations through the special airworthiness 
certification process nor does the FAA anticipate surplus military 
powered-lift to enter civil operations in the near term. Additionally, 
military aircraft may maintain certain characteristics that are unique 
to U.S. Armed Forces missions but are omitted in civilian powered-lift. 
For example, military powered-lift are used for applications ranging 
from troop and supply transport to attack operations. The technology, 
operating characteristics, and flight control implementation in 
military powered-lift may not correspond to the civilian operations 
anticipated for FAA type certificated powered-lift that are currently 
in development. Therefore, the information that may be gained by an 
inquiry into a specific military powered-lift and their operations will 
likely not result in meaningful or utile insights for determining 
appropriate tasks to use or exclude in ACS development.
    The FAA notes that this information continues to be unavailable to 
warrant making any permanent change to the final rule or the powered-
lift ACSs at this time.\313\ The FAA maintains that, because the tasks 
that a powered-lift may be incapable of performing and thus require 
waiver, as subsequently discussed, involve a fact-specific inquiry 
particular to a powered-lift type, the tailored type certification and 
FSB processes \314\ are best suited to provide such information. 
Powered-lift types will be evaluated under the existing FSB process, 
which will determine the requirements for a pilot type rating, develop 
training objectives for the type rating, and conduct initial training 
for the manufacturer's pilots and FAA inspectors. The FSB would 
identify the operational limitations for the powered-lift type and 
ascertain what tasks in the ACS are inapplicable.\315\ The FAA proposed 
to address training and testing on tasks a powered-lift is precluded 
from performing in Sec. Sec.  194.207(b) and (c) and 194.239(a). The 
FAA did not receive comments on these provisions and adopts them as 
proposed, as subsequently summarized.
---------------------------------------------------------------------------

    \313\ Should information become available during the pendency of 
the SFAR revealing a certain task or element in the ACS as 
inapplicable to all powered-lift, the FAA could revise the ACSs 
through the rulemaking process at that time.
    \314\ The FSB is responsible for specification of minimum 
training, checking, currency, and type rating requirements, if 
necessary for U.S.-certificated civil aircraft. The Board members 
are drawn from the FAA's operations personnel (AED, headquarters, 
and Flight Standards field offices). See AC 120-53 as revised, 
Guidance for Conducting and Use of Flight Standardization Board 
Evaluations.
    \315\ The FAA understands there may be a scenario in which the 
type certification and FSB processes reveal additional tasks are 
necessary for certain powered-lift type ratings based on the 
powered-lift's unique characteristics. Should the FSBR and type 
certification process reveal any additional tasks that are not 
accounted for in the ACS but are essential to the safe operation of 
the specific type of powered-lift, the FAA may set forth these tasks 
in a type-specific appendix to the powered-lift ACSs, which would be 
incorporated by reference under Sec.  61.14 and appendix A to part 
61 in accordance with the Administrative Procedure Act.
---------------------------------------------------------------------------

    Therefore, because Sec.  61.43(a) requires a pilot to demonstrate 
all tasks within the applicable ACS, the waiver authority in Sec.  
194.207(b) will account for the tasks inapplicable to a specific type 
of powered-lift. Waived tasks will be set forth in the limitations 
section of a designee's Certificate and Letter of Authority (CLOA) 
specific to each type of powered-lift in which the designee is 
authorized to conduct a practical test.
    To account for the requirement that an applicant for a certificate 
or rating must receive and log flight training on

[[Page 92383]]

the applicable areas of operation that apply to the aircraft category 
and class rating sought,\316\ Sec.  194.207(c) will relieve an 
applicant for a private pilot certificate or commercial pilot 
certificate with a powered-lift category rating concurrently with a 
powered-lift type rating \317\ from the requirement to receive flight 
training on a task specified in an area of operation if the powered-
lift is not capable of performing the task, provided the FAA has issued 
waiver authority for the task in accordance with the SFAR.
---------------------------------------------------------------------------

    \316\ Sec. Sec.  61.107(a), 61.127(a).
    \317\ The FAA does not find relief is needed in the case of a 
person who applies for an aircraft type rating added to an ATP 
certificate (or a type rating concurrently completed with an ATP 
certificate) because Sec.  61.157(b) requires flight training from 
an authorized instructor on the areas of operation that apply to the 
aircraft type rating.
---------------------------------------------------------------------------

    Similarly, part 141 pilot schools align their curriculum content 
for the issuance of a commercial pilot certificate with a powered-lift 
category rating with the areas of operation in part 61 via appendices 
to part 141. Therefore, under Sec.  194.239(a), a part 141 pilot school 
seeking approval of a course in a powered-lift resulting in a private 
or commercial pilot certificate will be permitted to waive training on 
a task specified in an area of operation if the powered-lift to be used 
in the course is not capable of performing the task and the FAA has 
issued waiver authority for that task in accordance with Sec.  
194.207(b).
    The FAA also recognized that waived tasks may create a unique 
situation for those pilots seeking to serve as SIC in powered-lift 
operations. Section V.C. of this preamble discusses SIC considerations.
2. Permit Applicants To Take a Powered-Lift Type Rating Practical Test 
Without Concurrently Obtaining an Instrument-Powered-Lift Rating (Sec.  
61.63(d))
    Section 61.63(d) contains the eligibility requirements for a person 
seeking an aircraft type rating (on a certificate other than an ATP 
certificate), which would be directly applicable to powered-lift rating 
applicants. Specifically, Sec.  61.63(d)(1) requires an applicant for 
an aircraft type rating or an aircraft type rating to be completed 
concurrently with an aircraft category rating to hold or concurrently 
obtain an appropriate instrument rating, except as provided in Sec.  
61.63(e). Additionally, Sec.  61.63(d)(4) requires the applicant to 
perform the type rating practical test in actual or simulated 
instrument conditions, except as provided in Sec.  61.63(e). Under 
Sec.  61.63(e), an applicant who provides an aircraft that is not 
capable of the instrument maneuvers and procedures required on the 
practical test may apply for the type rating or a type rating in 
addition to the category rating, but the type rating will be limited to 
``VFR only.'' The NPRM proposed two circumstances under which the 
applicant should not be required to hold or concurrently obtain an 
appropriate instrument rating, subsequently discussed.
i. Applicants for an Initial Powered-Lift Type Rating To Be Obtained 
Concurrently With a Powered-Lift Category Rating
    The FAA proposed, and adopts in this final rule, that all powered-
lift would require a type rating to operate, as discussed in section 
V.A. of this preamble. Under the FAA's current certification framework, 
an applicant for a powered-lift type rating would normally be required 
to take three practical tests concurrently: the practical tests for (1) 
a powered-lift type rating, (2) powered-lift category rating, and (3) 
an instrument-powered-lift rating because there would be no powered-
lift for which a type rating is not required (i.e., allowing the pilot 
to obtain a powered-lift category rating or instrument rating prior to 
the type rating).\318\ Therefore, to obtain all three ratings, the 
applicant would be required to satisfactorily complete three practical 
tests concurrently. The FAA did not propose any change that would allow 
an applicant to apply for their initial powered-lift type rating 
without concurrently obtaining a powered-lift category rating. Rather, 
the FAA proposed in Sec.  194.211(b)(1) to enable an applicant to take 
the instrument-powered-lift rating independent from the practical tests 
for the powered-lift category and type ratings.
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    \318\ Under Sec.  61.63(e)(1), an applicant for a type rating or 
a type rating in addition to an aircraft category and/or class 
rating who provides an aircraft that is not capable of the 
instrument maneuvers and procedures required on the practical test 
may apply for the type rating, but the type rating will be limited 
to ``VFR only.'' Section 61.63(e)(1)(ii) sets forth how to remove 
the limitation. In this case, the applicant would only need to 
successfully accomplish two practical tests (e.g., the practical 
test for the powered-lift category rating and the practical test for 
a powered-lift type rating) because of the exception set forth in 
current Sec.  61.63(d)(1).
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    The FAA did not propose to amend Sec.  61.63(e), which sets forth 
the requirements for aircraft not capable of instrument maneuvers and 
procedures. Therefore, if a powered-lift is not capable of performing 
instrument maneuvers and procedures, an applicant for a type rating in 
that powered-lift may obtain a ``VFR only'' limitation in accordance 
with Sec.  61.63(e).
    To provide flexibility consistent with that provided to applicants 
for an airplane or helicopter type rating,\319\ the FAA proposed Sec.  
194.211(b) to allow an applicant for a powered-lift type rating to take 
the type rating practical test independent of the practical test for 
the instrument-powered-lift rating. Proposed Sec.  194.211(b)(2) would 
also relieve an applicant from being tested on the areas of operation 
listed in Sec.  61.157(e) that consist of performing instrument 
maneuvers and procedures in actual or simulated instrument conditions 
on the type rating practical test. As stated in the ATP and Type Rating 
for the Powered-Lift Category ACS, the applicant seeking a ``VFR only'' 
type rating would conduct tasks that are normally performed by 
reference to the instruments using visual references. Upon successful 
completion of the practical test for the type rating, the applicant 
would receive the powered-lift type rating with a ``VFR only'' 
limitation on their pilot certificate.
---------------------------------------------------------------------------

    \319\ Under the current certification regime, a person seeking 
an airplane or helicopter type rating would normally already hold 
the required instrument rating. However, these persons could also 
seek to add the associated instrument rating at the same time as a 
type rating if they didn't currently hold the associated instrument 
rating. In the case of an initial powered-lift certification the 
applicant would need to take the private or commercial test, the 
instrument rating test and the type rating test all at once. The 
SFAR removes the requirement to take all three tests at once, 
allowing the instrument rating to be taken at a later date.
---------------------------------------------------------------------------

    The purpose of issuing the ``VFR only'' type rating to an applicant 
who is applying for a powered-lift type rating concurrently with a 
powered-lift category rating is to reduce the burden on the applicant 
by enabling them to take the instrument rating practical test at a 
later date. Because the applicant will have obtained the 3 hours of 
flight training in preparation for the instrument rating practical test 
within the 2 calendar months preceding the month of the practical test 
for the type rating and category rating, the FAA found it reasonable to 
propose Sec.  194.211(b)(3) to require the applicant to obtain the 
instrument-powered-lift rating and remove the ``VFR only'' limitation 
for the type rating within 2 calendar months from the month in which 
the applicant passes the type rating practical test.\320\ Under

[[Page 92384]]

Sec.  194.211(b)(5), if a person does not remove the limitation within 
2 calendar months from the month in which the person completed the type 
rating practical test, then the powered-lift type rating for which the 
``VFR only'' limitation applies will become invalid for use until the 
person removes the limitation in accordance with Sec.  194.211(b)(4) 
(i.e., the person may no longer exercise the privileges associated with 
the type rating and the ``VFR only'' limitation).
---------------------------------------------------------------------------

    \320\ The FAA notes that under current Sec.  61.133(b)(1), a 
person who applies for a commercial pilot certificate with a 
powered-lift category rating would receive a limitation if that 
person does not hold an instrument-powered-lift rating. The 
limitation would prohibit the commercial pilot from carrying 
passengers for hire in powered-lift on cross-country flights in 
excess of 50 nautical miles or at night.
---------------------------------------------------------------------------

    To remove the ``VFR only'' limitation, proposed Sec.  194.211(b)(4) 
would require the pilot to: (1) pass an instrument rating practical 
test in a powered-lift in actual or simulated conditions, and (2) pass 
a practical test in the powered-lift for which the ``VFR only'' 
limitation applies on the appropriate areas of operation listed in 
Sec.  61.157(e) that consist of performing instrument maneuvers and 
procedures in actual or simulated instrument conditions. The FAA 
recognized that there would exist several overlapping tasks required 
for an instrument rating and the instrument tasks required for a type 
rating in order to remove the ``VFR only'' limitation. Therefore, 
proposed Sec.  194.211(d) permits the pilot to perform the task a 
single time provided it is performed to the highest standard required 
for the task.\321\
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    \321\ For example, a person would be required to perform 
precision approach procedures on both the instrument rating 
practical test and the type rating practical test. The draft 
Instrument Rating--Powered-Lift ACS requires the applicant to 
perform the precision approach procedure and to maintain a 
stabilized final approach from the final approach fix (FAF) to DA/DH 
allowing no more than \3/4\-scale deflection of either the vertical 
or lateral guidance indications and maintain the desired airspeed 
10 knots. The draft ATP or Type Rating Powered-Lift 
Category ACS also requires the applicant to perform the precision 
approach procedure, but to a higher standard (i.e., the applicant 
must maintain a stabilized final approach from the Final Approach 
Fix (FAF) to DA/DH allowing no more than \1/4\-scale deflection of 
either the vertical or lateral guidance indications and maintain the 
desired airspeed 5 knots).
---------------------------------------------------------------------------

    The proposed language in Sec.  194.211(b)(4) concerning the 
completion of the type rating practical test differs slightly from the 
language in Sec.  61.63(e)(1)(ii)(B), in that it permits a person to 
remove a ``VFR only'' limitation for that aircraft type after the 
applicant passes a practical test in that type of aircraft on the 
appropriate instrument maneuvers and procedures in Sec.  61.157. The 
FAA's proposed language in Sec.  194.211(b)(4) clarifies that the 
cross-reference to Sec.  61.157 refers to the areas of operation of 
which the practical test for a type rating is comprised (i.e., 
specifically the areas of operation listed in Sec.  61.157(e)(3)).\322\ 
Furthermore, the FAA notes that, pursuant to Sec.  61.63(d)(4), the 
type rating practical test must be performed in actual or simulated 
instrument conditions. For consistency with current Sec.  61.63(d)(4), 
proposed Sec.  194.211(b)(4)(ii) would make clear that the practical 
test required to remove the ``VFR only'' limitation for a powered-lift 
type rating, which is a component of the powered-lift type rating 
practical test, must be completed in actual or simulated instrument 
conditions.\323\
---------------------------------------------------------------------------

    \322\ The areas of operation for a person seeking a powered-lift 
type rating are contained in Sec.  61.157(e). A person who holds a 
type rating with a ``VFR only'' limitation is required to pass the 
portion of the type rating practical test that includes the 
instrument maneuvers and procedures (e.g., the portion of the 
practical test that was not previously completed). Therefore, only 
certain areas of operation listed in Sec.  61.157(e) are 
appropriate. The ATP and Type Rating for Powered-Lift Category ACS 
specifies which areas of operation and which tasks must be completed 
for the removal of a ``VFR only'' limitation.
    \323\ See also Sec.  61.157(b)(3).
---------------------------------------------------------------------------

    To note, the FAA did not propose to amend Sec.  61.63(d)(1). 
Rather, Sec.  194.211 simply adds an option in the SFAR for applicants 
to take the instrument rating practical test separate from the 
practical tests for a powered-lift type rating and a powered-lift 
category rating. Thus, applicants for a powered-lift type rating would 
still have the option to take all three practical tests concurrently 
pursuant to Sec.  61.63(d)(1).
    The FAA received several comments on this proposed framework.
    GAMA,\324\ CAE, Eve, and a Joint letter from AOPA, GAMA, HAI, NATA, 
NBAA, and VFS largely opposed the FAA's proposal, noting that the SFAR 
effectively creates a powered-lift instrument rating requirement by 
requiring the ``VFR Only'' limitation to be removed within 2 calendar 
months. Although CAE, Eve, and the joint letter commenters generally 
supported the option for a private pilot to retain the VFR only 
limitation, they specifically opposed the requirement for a pilot to 
remove this rating in order to continue to exercise commercial pilot 
privileges, citing that proposal was inconsistent for pilots exercising 
the privileges of a private or commercial pilot certificate if the 
pilot were not operating under IFR rules. To support their position, 
these commenters noted that certain helicopter pilots conducting VFR 
only operations under part 135 are not required to hold an instrument 
rating in accordance with Sec.  135.243(b)(4). CAE and the joint 
commenters drew parallels that because powered-lift have vertical 
takeoff and landing capabilities, they should also not be required to 
have an instrument rating. These commenters argued that a type rating 
practical test would also mitigate any concerns because the ATP ACS 
would ensure that the pilot would have enough instrument training and 
proficiency specific to the powered-lift type in which the rating is 
sought.
---------------------------------------------------------------------------

    \324\ GAMA formally resubmitted a letter sent to the FAA on July 
21, 2022, where GAMA provided recommendations for the FAA to 
consider. In reference to existing Sec.  61.3(e)(1) through (4), 
GAMA suggested that an appropriate instrument rating should include 
either an airplane or helicopter instrument rating plus type 
specific instrument training. Due to the wide variety of aircraft 
within the powered-lift category, GAMA recommended that type ratings 
should have a VFR only operating limitation unless the approved 
course of training is certified by the authority to include IFR 
operations and VFR On-top. A VFR only operating limitation should be 
attached to the applicable powered-lift type rating. Recent 
instrument flight experience must be maintained in the type. GAMA 
also recommended the exact same reasoning for allowing for a VFR 
type and noted Sec. Sec.  61.57 and 61.58. See FAA-2023-1275-0086 
Attachment GAMA23-45A1-Recommendations-Powered-Lift-SFAR-220721.
---------------------------------------------------------------------------

    CAE specifically argued that a separate instrument-powered-lift 
rating is unnecessary since many instrument skills and knowledge items 
are agnostic to the aircraft category in which they take place. CAE 
also argued that the safety objective for VFR only items is to exit 
inadvertent IMC conditions in which an airplane or helicopter 
instrument rating would be sufficient to prepare a pilot for in a 
powered-lift. They also argued that under current regulations, an 
airplane instrument rating serves as an instrument rating for glider 
pilots in accordance with Sec.  61.3(e)(3). L3Harris echoed this 
sentiment and recommended the FAA allow for an instrument rating held 
in any category to be sufficient so long as a pilot holds an airplane 
category rating with instrument-airplane or instrument-helicopter 
rating. FSI recommended the FAA delete the VFR only requirement for a 
commercial pilot seeking a powered-lift rating because it is too 
restrictive and would not allow the pilot to build time and experience 
in the aircraft. They further suggested that the pilot would continue 
to build valid experience while operating in VFR conditions.
    First, the FAA notes that currently a private pilot that receives a 
type rating on an airplane that requires a type rating (large or 
turbojet powered), for example, must either hold an instrument rating 
or concurrently receive an instrument rating at the time of the 
practical test in accordance with Sec.  61.63(d). Additionally, if the 
aircraft is not capable of instrument maneuvers and procedures the 
applicant for a type rating may be issued a VFR only

[[Page 92385]]

limitation in accordance with Sec.  61.63(e). The FAA also contends 
that the proposed regulation aligns with the status quo for private 
pilots expected to receive a type rating and notes that Sec.  
194.209(c) allows for a private pilot to indefinitely hold a VFR only 
rating on his or her pilot certificate.
    The FAA disagrees that allowing for a pilot seeking to operate a 
powered-lift during commercial revenue operations to indefinitely \325\ 
hold a VFR only limitation would be in the interest of safety. 
Furthermore, as discussed in section V.J.5.ii. of this preamble, the 
FAA has determined that an instrument rating is necessary in VFR 
powered-lift operations to ensure that the pilot has the necessary 
knowledge and skills to safely navigate and exit an emergency involving 
an inadvertent instrument meteorological condition (IIMC). In general, 
many accidents result when pilots who lack the necessary skills or 
equipment to fly in marginal VMC or IMC attempt flight without outside 
references.
---------------------------------------------------------------------------

    \325\ For powered-lift that are not large aircraft or turbojet-
powered, the FAA intended to seek comment on whether it should 
consider allowing a pilot after the 2 calendar months had elapsed to 
continue to exercise commercial pilot privileges. Although the FAA 
errantly referenced private privileges in this solicitation for 
comment, the commenters widely commented on what the FAA intended to 
seek comment on and thoroughly commented on whether the FAA should 
allow for the limitation to be removed, with emphasis on allowing 
for the holder of a commercial pilot certificate to indefinitely 
hold a VFR only rating during commercial operations.
---------------------------------------------------------------------------

    When considering the capabilities of a powered-lift, the FAA notes 
that, similar to a helicopter, a powered-lift has the ability to 
conduct off airport operations. Therefore, a pilot operating a powered-
lift would encounter the similar situations leading to IIMC when 
operating a powered-lift in off-airport operations. As it has 
previously found with helicopter ambulance operations,\326\ the FAA has 
determined that a pilot operating a powered-lift who receives an 
instrument rating is better equipped to maintain situational awareness 
and maneuver a powered-lift into a safe environment when encountering 
IIMC. Moreover, as further discussed in section V.L. of this preamble, 
the FAA noted the cruise profile and its similarities in speed and 
operation to an airplane. Further, the FAA recognized that although 
helicopter operations are permitted with pilots who do not hold an 
instrument rating, helicopters that experience IIMC account for 15% of 
fatal accidents behind inflight loss of control and low altitude 
operations object strikes.\327\ High profile accidents involving Hawaii 
Air Tour operations \328\ have most recently resulted in many 
recommendations made by the NTSB to the FAA and the USHST, and the FAA 
is considering future rulemaking in this area.\329\ Notably, because 
the requirement to hold an instrument rating or concurrently obtain one 
applies to aircraft requiring type ratings, it does not apply to 
helicopters that do not require a type rating. However, all powered-
lift will require a type rating and, as such, the pilot will be 
required to hold an instrument-powered-lift rating unless, as 
previously stated, the aircraft is not capable of instrument maneuvers 
and procedures.
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    \326\ 79 FR 9932, 9957 (Feb. 21, 2014), adding Sec.  135.603 
requiring an instrument rating for helicopter ambulance pilots.
    \327\ According to the U.S. Helicopter Safety Team (USHST) data, 
the count of U.S. fatal helicopter accidents by calendar year where 
due to IIMC was assigned as the single ``priority'' occurrence 
category in the event. For context, in the 10 years from 2009-2018, 
IIMC was the 3rd highest occurrence category, accounting for about 
15% of the U.S. fatal helicopter accidents. Among all occurrence 
categories, it only trailed (1) Loss of Control--Inflight (22%) and 
(2) Low Altitude Operations Object Strikes (19%).
    \328\ Kailua Neighborhood Board commented to the rule regarding 
concerns with tour helicopters and other small aircraft increasing 
operations over densely populated areas causing concern for public 
safety. The neighborhood board urged the FAA to consider NTSB 
recommendations for Air Tour Companies operating under 14 CFR part 
135. While the FAA finds global changes to air tours out of scope of 
this rulemaking, the FAA does note that, as described in this 
section, pilots operating air tours in powered-lift will be required 
to hold an instrument rating as part of this SFAR.
    \329\ The USHST is a volunteer group of US government and 
industry stakeholders formed in 2013 to improve the safety of civil 
helicopter operations. Its efforts include analyzing NTSB helicopter 
accident data, assigning a single occurrence category to best 
characterize each event, and using the results of its analysis to 
prioritize intervention strategies to reduce fatal accidents (USHST 
2017). The USHST's most recent analysis included data from 198 fatal 
helicopter accidents between 2009 and 2018. Although this review 
ranked inadvertent flight into IMC (also referred to internationally 
as unintended flight into IMC) as the third-most common category, 
the USHST noted that inadvertent flight into IMC may be the 
precursor to accidents involving in-flight loss of control (which 
ranked first), low-altitude operations (which ranked second), or 
CFIT (which ranked fifth) (USHST 2021b). During a previous review 
(which included data between 2009 and 2013), inadvertent flight into 
IMC ranked second (USHST 2017).
---------------------------------------------------------------------------

    The FAA disagrees with commenters that suggested that holding any 
instrument rating should be sufficient and that an instrument rating 
specific to powered-lift is unnecessary. For reasons similar to those 
discussed in section V.F.2. of this preamble regarding the necessity of 
a powered-lift category rating, the FAA finds that an instrument rating 
specific to powered-lift category is necessary to ensure the applicant 
is sufficiently qualified to perform instrument flight procedures in a 
powered-lift.
    Section 194.215(a) requires persons seeking to meet the alternate 
requirements for a powered-lift category rating to hold an instrument-
airplane or -helicopter rating ensuring these persons have experience 
operating an airplane or helicopter under IFR and have demonstrated 
proficiency on the instrument rating practical test. These 
prerequisites for the alternate pathway ensure that the initial cadre 
of powered-lift pilots have a solid foundational skill set and 
extensive experience prior to adding powered-lift ratings to their 
commercial pilot certificate. While these prerequisites ensure the 
foundational skills and extensive experience, holding an instrument-
airplane rating or an instrument-helicopter rating does not ensure that 
an applicant seeking to meet the alternate pathway requirements has the 
necessary skills to proficiently accomplish instrument procedures in a 
powered-lift specifically.
    While there is some overlap in the practical tests for instrument-
airplane ratings and instrument-helicopter ratings, there are also some 
significant differences that would result in a ``gap'' in the 
knowledge, skills and experience of pilot operating a powered-lift if a 
powered-lift pilot were permitted to hold ``any'' instrument rating. 
For example, an airplane pilot may be required to perform a circling 
approach to landing (i.e., the pilot is not approaching the runway to 
which they were performing the instrument approach straight on). As a 
result, that pilot is required to fly the instrument procedures to 
higher minimums (visibility and cloud clearance) because the maneuver 
must be performed with reference to the airport environment and 
increases pilot workload. A helicopter pilot is not tested on this 
maneuver on the instrument rating test because they are not subject to 
the same situation of high-speed approaches, and helicopters do not 
need a runway as they are capable of landing on the ramp. If a powered-
lift pilot held only an instrument-helicopter rating, this would result 
in a gap in experience and proficiency in instrument approaches for 
powered-lift which are capable of runway approaches.
    As another example, unusual attitude recoveries are unique to each 
category of aircraft and are tested in each when an applicant seeks an 
instrument rating in a new category other than what is held on their 
pilot certificate. Nose-high attitudes present the pilot with a 
decreasing airspeed and nose-high attitude which if not corrected could 
result in adverse conditions or even loss of control in instrument 
conditions. This situation requires different

[[Page 92386]]

instrument procedures to be performed depending on the aircraft being 
operated. In an airplane, the pilot must apply forward elevator 
pressure to lower the nose and prevent a stall while simultaneously 
increasing power and leveling the wings. If this airplane recovery 
procedure were attempted in a helicopter experiencing nose-high 
attitude, it would place the helicopter in a potentially hazardous 
situation. Applying abrupt forward cyclic to correct the attitude 
without consideration could put the helicopter in a Low G condition 
which in certain helicopter rotor systems results in a catastrophic 
mast bumping situation that is often deadly.
    In a helicopter, the recovery procedure for a nose high unusual 
attitude requires the pilot to correct the bank and pitch 
simultaneously while avoiding applying abrupt forward cyclic to correct 
the attitude. Since a powered-lift is a hybrid aircraft, an unusual 
attitude recovery might look like the recovery in an airplane; however, 
it might also look like an unusual attitude recovery in a helicopter. 
Alternatively, it may look completely different depending on the 
powered-lift's capabilities. Given this, the practical test for an 
instrument-powered-lift rating encompasses the necessary tasks specific 
to a powered-lifts operational capabilities and requires a pilot 
operating a powered-lift under IFR to demonstrate the proficiency in 
instrument procedures applicable to powered-lift. Moreover, the FAA 
recognizes that a person would encounter several overlapping tasks when 
taking the powered-lift type rating practical test and the instrument-
powered-lift rating practical test concurrently. Given this, as 
discussed, the FAA permits in 194.211(d) an applicant person to perform 
overlapping tasks on the powered-lift type rating practical test and 
the instrument-powered-lift rating practical test a single time 
provided the task is performed to the highest standard required for the 
task. Therefore, when the tests are taken concurrently, there are 
minimal extra tasks that an applicant must perform.
    Additionally, the FAA disagrees with commenters suggesting FAA had 
precedent in recognizing instrument ratings for another category 
because of the requirements of Sec.  61.3(e)(3) (permitting a person to 
act as PIC of a glider under IFR or in weather conditions less than the 
minimums prescribed for VFR flight if the pilot holds, among other 
requirements, an instrument-airplane rating). The FAA proposed a 
``glider cloud-flying rating'' in 1969 \330\ because advocate groups 
requested the FAA to more easily facilitate cloud flights by glider 
pilots. The FAA proffered that the operation of a glider within the 
clouds differs from instrument operations in powered aircraft and held 
that ``glider cloud-flying'' primarily only utilized the vertical 
components associated with a cloud formation to sustain flight within 
the clouds or to gain altitude for the continuance of a VFR gliding 
flight. The FAA noted that navigation by reference to instruments or 
radios aids would not normally be involved. The FAA further stipulated 
that, although it was trying to relieve a perceived burden by requiring 
a ``full instrument rating,'' instrument operations in powered aircraft 
were far more complex than what glider cloud flying would entail. The 
glider pilot would only be concerned with attitude and speed control, 
whereas the pilot of a powered aircraft is concerned with other matters 
such as navigation, position reporting, altitude control, power 
settings, holding procedures, instrument letdown, and instrument 
approaches. Although the FAA proposed these requirements, the FAA later 
withdrew the proposal.\331\
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    \330\ 34 FR 6484.
    \331\ 37 FR 14239.
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    The FAA disagrees that comparing credit of an instrument rating in 
the glider scenario is a basis for granting relief from a powered-lift 
instrument rating. A powered-lift is a powered aircraft and would not 
be utilizing this approach to gain altitude to continue on to VFR 
gliding flight. An instrument rating would be sufficient in the 
circumstances currently permitted around Sec.  61.3(e)(3) but not those 
in which commenters were stipulating that were applicable to powered-
lift.
    Another commenter suggested that the requirement to remove the VFR 
only restriction within 2 calendar months is too restrictive. The FAA 
disagrees with this as normally an applicant would be required to meet 
all experience requirements and receive the instrument rating 
simultaneously with the type rating. The purpose of allowing the two 
months to acquire the instrument rating is to provide some relief for 
the pilot applicant so they do not have to take an initial category, 
instrument, and type rating practical test at the same time.
    Eve suggested that the requirement to remove the VFR limitation 
should not be applicable to commercial pilots and that they should be 
able to operate powered-lift VFR only.
    As noted in section V.H.2.i of this preamble, the FAA provided this 
relief to allow an applicant to accomplish the powered-lift instrument 
rating at a later date. As discussed in section V.A. of this preamble, 
all powered-lift will require a type rating and therefore be subject to 
holding an instrument rating. In limited circumstances where the 
powered-lift is not capable of instrument maneuvers and procedures, the 
FAA notes that, as with other categories of aircraft, Sec.  61.63(e) 
does not require an instrument rating when a type rating is sought in 
an aircraft that is not capable of instrument maneuvers and procedures. 
If an applicant uses a powered-lift that is not capable of instrument 
maneuvers and procedures for a practical test, then that applicant will 
receive a VFR only limitation that does not need to be removed as 
specified in Sec.  61.63(e).\332\
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    \332\ The FAA notes that if a powered-lift is equipped according 
to Sec.  91.205(d), it would be capable of performing instrument 
maneuvers and procedures required under the instrument practical 
test, even if the powered-lift is not certified for IFR or certain 
IFR-specific functions are disabled.
---------------------------------------------------------------------------

    Eve further suggested an amendment to Sec.  61.63 that would only 
require those who are applying for a type rating in a turbojet powered 
or large aircraft to hold an instrument rating.\333\ The FAA disagrees 
with this suggested change; an aircraft that requires a type rating and 
is not turbojet powered or large but is complex and fully capable of 
operating under IFR should require a pilot who operates this aircraft 
to hold an instrument rating for that category of aircraft to ensure a 
standard level of competence and safety across all type-rated aircraft 
operating in the NAS.
---------------------------------------------------------------------------

    \333\ Although the FAA is taking a similar approach in Sec.  
142.47 to delineate changes similar to the commenter's suggestion, 
the FAA is not taking that same approach here in the interest of 
safety. If an applicant was receiving instruction in an aircraft, 
they would need to hold pilot certificates in accordance with part 
61. Section 142.47 narrowly applies to personnel giving instruction 
in a simulator under different parameters. The FAA chose not to 
alter according to Eve's suggestion and continue with the current 
regulatory framework provided for in Sec.  61.63(d)(1).
---------------------------------------------------------------------------

    Eve commented further that, because some aircraft will be limited 
in range and endurance, a powered-lift may be limited in such a way 
that it wouldn't be practically or operationally capable of instrument 
maneuvers or procedures required on the practical test even though it 
may be equipped to do so. Eve suggested a change to Sec.  61.64(f)(1) 
to alter the requirements to complete an instrument approach only to 
those aircraft capable of instrument flight. The FAA finds that this 
concept is contradictory. Specifically, Eve details that the aircraft 
is equipped for instrument flight but limited to VFR only by the AFM. 
The aircraft's operational limitations in the AFM are

[[Page 92387]]

not pertinent to the practical test. For example, a Robinson R-44 
helicopter can be equipped with the necessary avionics to successfully 
complete an instrument rating practical test. However, this aircraft is 
not IFR-certified and may not be operated under IFR or in weather 
conditions less than the minimums prescribed for VFR (i.e., IMC).
    This situation is no different for a powered-lift which is equipped 
for instrument flight but operationally limited. The practical test 
could be completed, and an instrument rating issued in the aircraft 
even though it could never be operated under IFR. Additionally, the FAA 
notes that many powered-lift will seek to operate on expedited 
departures in which the frequency of departure dictates a ``departure 
procedure'' to ensure separation of aircraft. This skill is congruent 
with that required of a pilot who holds an instrument rating and is 
capable of conducting these maneuvers with proficiency.
    Finally, Archer requested the FAA clarify what ``not capable of 
instrument maneuvers and procedures means.'' Section 61.45(d) states: 
``[a]n applicant for a practical test that involves maneuvering an 
aircraft solely by reference to instruments must furnish: (1) equipment 
on board the aircraft that permits the applicant to pass the areas of 
operation that apply to the rating sought; and (2) a device that 
prevents the applicant from having visual reference outside the 
aircraft, but does not prevent the examiner from having visual 
reference outside the aircraft, and is otherwise acceptable to the 
Administrator.'' For further clarification an applicant would then 
review the required approaches and maneuvers required by the applicable 
ACS for the instrument rating sought. For example, the Instrument 
Rating Powered-Lift ACS requires the applicant to complete two 
different non-precision approaches and a precision approach. If the 
aircraft does not have the equipment installed to conduct those 
approaches, it would not meet the requirements. It would be impossible 
to codify in the regulation the exact equipment necessary to complete 
an instrument rating practical test due to the various avionics 
installations and broad number of approach types available.
ii. Obtaining Powered-Lift Type Ratings With ``VFR Only'' Limitations 
on a Private Pilot Certificate
    In light of the current regulatory framework for private pilots 
with airplane and helicopter ratings, the limited privileges associated 
with the private pilot certificate, and the underlying reasons for 
requiring type ratings for all powered-lift, the FAA proposed in Sec.  
194.211(b)(6) to except certain private pilots from the requirement to 
remove the ``VFR only'' limitation set forth in proposed Sec.  
194.211(b)(3). Specifically, a private pilot who obtains a ``VFR only'' 
type rating for a powered-lift that is less than (or equal to) 12,500 
pounds maximum certificated takeoff weight and not turbojet-powered 
would not be required to remove the ``VFR only'' limitation within the 
2-calendar month time period (or any specific time frame).\334\
---------------------------------------------------------------------------

    \334\ A private pilot has limited privileges compared to a 
commercial pilot. Current Sec.  61.113(a), which sets forth private 
pilot privileges and limitations, serves as a sufficient safeguard 
to ensure an appropriate level of safety. Specifically, a person who 
holds a private pilot certificate is generally prohibited from 
acting as PIC of an aircraft that is operating for compensation or 
hire, or that is carrying passengers or property for compensation or 
hire. Therefore, a private pilot with a ``VFR only'' type rating 
would not be permitted to operate the powered-lift for compensation 
or hire or carry persons or property for compensation or hire.
---------------------------------------------------------------------------

    In addition to proposing an exception in proposed Sec.  
194.211(b)(6) that would enable private pilots of certain powered-lift 
to retain the ``VFR only'' type rating indefinitely, the FAA proposed 
Sec.  194.211(c)(1), which would allow for these private pilots to 
obtain additional ``VFR only'' type ratings on their private pilot 
certificates, provided the powered-lift are not large or turbojet-
powered. Consistent with current Sec.  61.63(d)(4) and (e) and proposed 
Sec.  194.211(b)(2), the applicant would not be required to perform the 
VFR only type rating practical test in actual or simulated instrument 
conditions.
    While the FAA did not propose to require private pilots to remove 
``VFR only'' limitations when those limitations apply to powered-lift 
that are not large aircraft and not turbojet-powered, the FAA proposed 
rule language that would provide these private pilots with the option 
to do so. A private pilot would remove the ``VFR only'' limitation in 
the same manner as discussed in this section (i.e., through proposed 
Sec.  194.211(b)(4)).
    Outside of comments pertaining to the VFR Only limitation as 
already addressed, the FAA did not receive comments on Sec.  194.211, 
the FAA adopts the section as proposed.
iii. Clarification of Requirements for a Practical Test in an Aircraft 
That Requires a Type Rating
    The FAA proposed to clarify certain regulations to clearly 
communicate that a person may not furnish an aircraft that requires a 
type rating (or an FSTD representing an aircraft requiring a type 
rating) for the practical test without meeting the eligibility 
requirements for a type rating \335\ and applying for a type rating 
(unless the person already holds the type rating).\336\ These 
amendments prevent situations where applicants seek category or class 
ratings in an aircraft that requires a type rating (or corresponding 
FSTD) without fully demonstrating mastery of the aircraft furnished for 
the practical test. The proposal included amendments in part 61 to 
Sec. Sec.  61.39(a)(3), 61.43(g), and 61.47(d).
---------------------------------------------------------------------------

    \335\ To be eligible for a type rating practical test, a pilot 
must receive training on the areas of operation listed in Sec.  
61.157(e) that apply to the aircraft type rating. Sec. Sec.  
61.63(d)(2) and 61.157(b). The detailed tasks associated with each 
area of operation are provided in the applicable ATP and Type Rating 
ACS.
    \336\ The FAA inadvertently proposed regulatory language that 
would have revised Sec.  61.64(a)(1). This proposed language is not 
adopted in the final rule as the proposal was erroneous.
---------------------------------------------------------------------------

    First, the FAA proposed to revise paragraph Sec.  61.39(a)(3), 
which requires a person applying for a practical test to meet the 
training and aeronautical experience for the certificate or rating 
sought through the creation of two subparagraphs: (i) and (ii). Section 
61.39(a)(3)(i) will retain the language in paragraph (a)(3). New 
subparagraph (a)(3)(ii) would require an applicant seeking an initial 
category and class rating, if a class rating is required, on a private, 
commercial, or ATP certificate in an aircraft that requires a type 
rating (or an FSTD that represents an aircraft that requires a type 
rating) to either meet the eligibility requirements for a type rating 
in that aircraft or already hold that type rating on the person's pilot 
certificate. In other words, regardless of whether an applicant tests 
in an aircraft or tests in an FSTD, if the applicant furnishes an 
aircraft (or FSTD representing an aircraft) that requires a type rating 
for the practical test, then the applicant must be eligible for the 
type rating and apply for the type rating practical test unless the 
applicant already holds the type rating.
    Second, the FAA proposed new Sec.  61.43(g) to clarify that a 
practical test for an ATP certificate with category and class ratings 
(if a class rating is required) in an aircraft that requires a type 
rating, or in a corresponding FSTD, includes the same tasks and 
maneuvers as a practical test for a type rating. This proposed change 
would foreclose the concept that a lesser test can be administered for 
category and class ratings at the ATP certificate level.
    Third, the FAA proposed new Sec.  61.47(d) to restrict an examiner 
from

[[Page 92388]]

conducting a practical test for the issuance of an initial category and 
class rating (if a class rating is required) in an aircraft that 
requires a type rating (or corresponding FSTD) to an applicant who does 
not already have the type rating unless, first, the applicant meets the 
eligibility requirements for a type rating \337\ and, second, the 
practical test contains the tasks for a type rating specified for the 
areas of operation at the ATP certificate level. The FAA also proposed 
to revise the heading of Sec.  61.47 to more accurately describe the 
regulations set forth in the section.
---------------------------------------------------------------------------

    \337\ The FAA notes that an examiner cannot conduct a practical 
test if the applicant does not meet the eligibility requirements for 
that certificate or rating.
---------------------------------------------------------------------------

    The NPRM specifically noted that, in the case of an airplane or 
rotorcraft, an applicant retains the option of furnishing an aircraft 
that does not require a type rating if the applicant seeks only 
category and class ratings. For powered-lift, which as proposed would 
all require type ratings, an applicant would be foreclosed from seeking 
a powered-lift category rating without concurrently obtaining a type 
rating.
    The FAA received one clarifying question pertaining to the trio of 
amendments. AIR VEV requested clarification regarding the language in 
Sec.  61.39 as to how it would be possible to hold a type rating prior 
to issuance of an initial category. The FAA notes this is not currently 
permitted through part 194 or other regulations. If a person seeks a 
type rating, it must be obtained concurrently with the associated 
category for which the type rating is applied.\338\ Therefore, an 
applicant for a type rating in a powered-lift will need to concurrently 
obtain the powered-lift category. The FAA proposed the verbiage in 
Sec.  61.39(a)(3)(ii) to address a situation where a person would hold, 
for example, a commercial pilot certificate with a powered-lift 
category rating and type rating. The person then seeks an ATP 
certificate with a powered-lift category rating. The person would 
already hold the type rating on their commercial pilot certificate, 
which would meet the latter half of the regulation in question.
---------------------------------------------------------------------------

    \338\ Sec.  61.63(d).
---------------------------------------------------------------------------

I. Miscellaneous Amendments

1. Aeronautical Experience for Private Pilot Applicants (Sec.  
61.109(e)(5))
    Section 61.109 provides the aeronautical experience requirements an 
applicant must meet to be eligible for a private pilot certificate 
specific to the respective category and class, if applicable, rating 
sought. For a powered-lift category rating, an applicant must meet the 
requirements in Sec.  61.109(e), which includes 10 hours of solo flight 
time in an airplane or a powered-lift.\339\ However, in light of the 
different operating capabilities of airplanes compared to powered-lift, 
the FAA concluded that the skills acquired during solo flight time in 
an airplane are not interchangeable with the skills acquired during 
solo flight time in a powered-lift, which are necessary to obtain 
proficiency.\340\ Therefore, the FAA proposed to amend Sec.  
61.109(e)(5) to require an applicant for a private pilot certificate 
with a powered-lift category rating to obtain 10 hours of solo flight 
time specifically in a powered-lift. In addition to providing an 
adequate level of safety, requiring the applicant to obtain solo flight 
time in the category of aircraft for which the rating is sought would 
ensure consistency with the aeronautical experience requirements in 
Sec.  61.109 that apply to persons seeking airplane and helicopter 
ratings. The FAA adopts the revision to Sec.  61.109(e)(5) as proposed 
and responds to comments in the following sections.
---------------------------------------------------------------------------

    \339\ See Sec.  61.109(e)(5).
    \340\ For example, when flying an airplane, the applicant will 
not encounter the vertical take-off and landing characteristics 
fundamental to a powered-lift (e.g., aerodynamics events such as 
effective translational lift and transverse flow effect that are 
specific to a rotor system transitioning from hovering to forward 
flight).
---------------------------------------------------------------------------

    First, HAI generally expressed that 10 hours of solo time in each 
model of powered-lift is problematic for practical reasons and time 
should be allowed to be logged in a helicopter. The FAA notes that each 
PIC of a powered-lift must, as adopted by this final rule, have a type 
rating on their certificate, which will require training in the 
specific type of powered-lift the PIC seeks to operate. However, Sec.  
61.109(e) sets forth the requirements for a private pilot certificate 
with a powered-lift category rating. Neither the current regulations 
nor the regulations as adopted by this final rule require 10 hours of 
solo time in each model of powered-lift. Rather, Sec.  61.109(e) will 
simply require that an applicant for a private pilot certificate must 
have 10 hours of solo flight time in a powered-lift. This requirement 
broadly references powered-lift as a category of aircraft and does not 
narrowly scope the 10 hours to a specific type of powered-lift. The 
same concept applies to the requirements for airplanes and helicopters. 
The 10 hours of solo time for airplane single-engine and helicopter 
ratings by Sec.  61.109(a) and (c) must be completed in the category 
and class of aircraft for which the rating is sought, and, similarly, 
the 10 hours of solo flight time for an airplane multiengine rating by 
Sec.  61.109(b) must be completed in any airplane; these flight time 
requirements are not specific to the model of aircraft the pilot seeks 
to operate.
    Next, L3Harris stated that Sec.  61.109(e)(5) should allow for a 
reduction in solo time for number of flights made, such as two flights 
equaling one hour. AIR VEV, similarly, generally suggested that the 
required aeronautical experience in Sec.  61.109(e) combine flight 
hours and total flights, similar to aeronautical experience 
requirements in the glider category. Currently, the only provisions in 
part 61 that permit a certain number of flights to be substituted for 
hours exist in Sec.  61.56 and Sec.  61.159.\341\ For the same reasons 
as discussed at length in section V.F. of this preamble, the FAA 
declines at this time to permit this kind of substitution for a 
commercial pilot certificate with a powered-lift category rating. 
Additionally, the substitution in Sec.  61.56(b) and aeronautical 
experience requirements as it applies to gliders are also not 
applicable to remedy the powered-lift airman certification challenges.
---------------------------------------------------------------------------

    \341\ Specifically, under Sec.  61.56(b), glider pilots may 
substitute a minimum of three instructional flights in a glider 
flight review with certain conditions in lieu of the one hour of 
flight training required for a flight review under Sec.  61.56(a). 
Additionally, under Sec.  61.159(b), when seeking an ATP certificate 
with an airplane category rating, a person who has performed at 
least 20 night takeoffs and landings to a full stop by substituting 
each additional night takeoff and landing to a full stop for 1 hour 
of night flight time to meet the requirement of Sec.  61.159(a)(2) 
(100 hours of night flight time).
---------------------------------------------------------------------------

    First, the substitution of training flights as set forth in Sec.  
61.56(b) is only applicable in the case of a glider flight review, 
after a person has obtained the appropriate certificates and ratings. 
Additionally, glider flights cannot be predicted to be a certain 
length, as they are unpowered and dependent upon winds, convection, and 
other items that rely on certain extraneous factors (e.g., towed to 
altitude by a powered aircraft for flights to occur). Therefore, the 
rule allows the substitution of numbers of flights to equate for an 
hour of flight time due to the unpredictability of the length of glider 
flights. The required 10 hours is a minimal time crucial to ensure an 
applicant for private pilot certificate with powered-lift ratings is 
capable of operating the powered-lift, especially considering the 
private pilot certificate is traditionally the first and foundational 
building block certificate in the airman certification framework.

[[Page 92389]]

    Finally, one individual stated that the proposed rule did not 
mention ``Settling with Power'' or ``Vortex Ring State.'' The commenter 
stated these aerodynamic conditions should be stressed with powered-
lift pilots, primarily non-helicopter pilots.
    The FAA agrees that settling with power and vortex ring state are 
conditions essential to a pilot's powered-lift training and did not 
intend to exclude their significance in the examples of vital powered-
lift piloting conditions. However, Sec.  61.109 does not prescribe 
specific aeronautical experience tasks or areas of operation. Instead, 
the powered-lift ACSs, which set forth the aeronautical knowledge, risk 
management, and flight proficiency standards for certification, include 
these conditions on the practical test.\342\ Because an applicant for a 
certificate or rating must perform the tasks specified in the 
applicable ACS,\343\ it follows a pilot and instructor would ensure the 
receipt of training on these conditions (regardless of any previously 
held certificate). In fact, for most certificates and ratings, an 
applicant must obtain an endorsement from a flight instructor 
certifying that the applicant is prepared for the practical test.\344\ 
As such, the flight instructor must be confident that the applicant can 
successfully perform all the tasks and maneuvers on the practical test.
---------------------------------------------------------------------------

    \342\ See Area of Operation XI, Emergency Operations, Task D. 
Additionally, these conditions are included in the risk management 
items in Area of Operation V (Takeoffs, Landings, and Go-Arounds), 
and VI (Performance Maneuvers).
    \343\ See Sec.  61.43(a).
    \344\ Section 61.39(a)(6) requires that the applicant have an 
endorsement in the applicant's logbook certifying that they have 
received and logged training time within 2 calendar months preceding 
the month of application in preparation of the practical test.
---------------------------------------------------------------------------

2. Removal of Sec. Sec.  61.63(h) and 61.165(g)
    The FAA proposed to remove certain paragraphs pertaining to 
category and class ratings for the operation of an aircraft with an 
experimental certificate. To ensure that pilots operating under 
regulations before a 2004 final rule change \345\ requiring appropriate 
category and class ratings complied with the revised provisions, the 
FAA added Sec. Sec.  61.63(k) and 61.165(f), which are currently 
situated as Sec. Sec.  61.63(h) and 61.165(g).\346\ These provisions 
set forth the requirements to apply for a category and class rating 
limited to a specific make and model of experimental aircraft. Among 
other requirements, a person must have logged 5 hours of flight time 
while acting as PIC in the same category, class, make, and model of 
aircraft between September 1, 2004, and August 31, 2005. After more 
than 15 years since initial codification, the FAA anticipated that 
individuals who were operating under the pre-2004 requirements have 
already used Sec. Sec.  61.63(h) and 61.165(g) to obtain a limited 
category and class rating. As a result, the FAA proposed to remove 
Sec. Sec.  61.63(h) and 61.165(g).
---------------------------------------------------------------------------

    \345\ Before 2004, Sec.  61.31 allowed a pilot to operate an 
experimental aircraft carrying passengers without a category and 
class rating when permitted by the aircraft's operating limitations. 
In 2004, the FAA amended Sec.  61.31 to require persons to hold the 
appropriate category and class rating when carrying a passenger 
regardless of the aircraft's airworthiness certificate. 
Certification of Aircraft and Airmen for the Operation of Light-
Sport Aircraft, final rule, 69 FR 44772, 44829 (Jul. 27, 2004). This 
amendment was adopted as Sec.  61.31(k)(2)(iii)(B) but is currently 
codified as Sec.  61.31(l)(2)(iii)(B). 74 FR 42499, 42548 (Aug. 21, 
2009).
    \346\ These paragraphs mirror each other, differentiated only by 
the applicability based on certificate level. Section 61.63 applies 
to those persons holding a recreational, private, or commercial 
pilot certificate; Sec.  61.165(g) applies to those persons holding 
an ATP certificate.
---------------------------------------------------------------------------

    The FAA received one comment on this proposed removal. FlightSafety 
International opposed removal of Sec.  61.63(h), stating that removal 
would reduce flexibility for the FAA, pilots, and OEMs because it will 
not allow the new powered-lift pilot to obtain an experimental aircraft 
type rating. The FAA disagrees that retaining these requirements would 
provide flexibility in new powered-lift pilots obtaining an 
experimental aircraft type rating. The requirements listed in current 
Sec. Sec.  61.63(h) and 61.165(f) are only applicable in very limited 
circumstances because the 5 hours of flight time required must have 
been logged between September 1, 2004, and August 31, 2005, to ensure 
that the pilots who were previously operating without a category and 
class rating under the pre-2004 regulations could continue operations 
safely (rather than requiring the full requirements for a category and 
class rating to those pilots).
    Therefore, these provisions were intended to provide relief to a 
group of pilots operating two decades ago and would be largely 
inapplicable to powered-lift pilots today. Section V.A. of this 
preamble provides additional discussion about experimental certificates 
and the use of operating limitations to require pilots to hold category 
and class ratings for all experimental aircraft and additional 
authorizations for certain experimental aircraft even when no 
passengers are carried on board.
    In the low likelihood that a powered-lift pilot did use these 
provisions and log time during the prescribed time period, the FAA 
provided notice in the NPRM that these paragraphs would be removed upon 
the effective date of the final rule. Therefore, any certificate 
holders that have not yet obtained a limited category and class rating 
under Sec. Sec.  61.63(h) and 61.165(g), but wish to do so, would have 
until January 21, 2025 to utilize the provisions. Therefore, the FAA 
adopts the removal of Sec. Sec.  61.63(h) and 61.165(g) as proposed.
3. ATP Privileges and Limitations (Sec.  61.167)
    Section 61.167 prescribes the privileges and limitations for an ATP 
certificate holder, including those scenarios when an ATP certificate 
holder may instruct other pilots. Currently, this privilege only 
applies to ATP certificate holders who have met, in pertinent part, the 
aeronautical experience requirements of Sec.  61.159 (aeronautical 
experience requirements for an airplane category rating) and Sec.  
61.161 (aeronautical experience requirements for a rotorcraft category 
and helicopter class rating). The FAA proposed to amend Sec.  
61.167(a)(2) to broaden the privileges to include applicability to 
certificate holders who have met the aeronautical experience 
requirements in Sec.  61.163 (i.e., persons with an ATP certificate 
with a powered-lift category rating) to ensure that persons who obtain 
an ATP certificate with the appropriate powered-lift ratings may 
instruct other pilots in air transportation service in powered-lift, 
consistent with what is permitted for persons who hold an ATP 
certificate with either airplane or helicopter ratings. The FAA noted 
that, under proposed Sec.  194.205, the proposed change to Sec.  
61.167(a)(2) would not permit an ATP with powered-lift ratings to 
conduct training in the part 135 operator's airman certification 
curriculum proposed in Sec.  194.243(a).
    The FAA received comments specific to ATP certificates with a 
powered-lift category rating, however, these comments are addressed in 
other sections of this preamble. Comments suggesting relief to the 
aeronautical experience requirements for an ATP certificate with a 
powered-lift category rating are addressed in section V.I.3 of this 
preamble. Comments specific to the flight training privileges specific 
to an ATP certificate with a powered-lift category rating under 
proposed Sec.  194.205 are discussed in section V.G.1.iv of this 
preamble. The FAA did not receive comments pertaining to the expansion 
of privileges to include persons with an ATP certificate with a 
powered-lift category rating in

[[Page 92390]]

Sec.  61.167(a)(2) and adopts the provision as proposed.
4. Second-in-Command Time in Part 135 Operations
    Currently, Sec. Sec.  61.159 and 61.161 allow a pilot to credit SIC 
time logged under an SIC professional development program (PDP) toward 
certain flight time requirements for an ATP certificate with an 
airplane category or a rotorcraft category and helicopter class 
rating.\347\ The FAA proposed to amend Sec.  61.163 to add paragraph 
(c) to allow SIC time logged under an SIC PDP to be counted toward the 
total time as a pilot required by Sec.  61.163(a) and the specific 
flight time requirements for ATP certification set forth in Sec.  
61.163(a)(1), (a)(2), and (a)(4) (e.g., cross-country time, night 
flight time, and instrument flight time). A person may not credit the 
SIC time logged under an SIC PDP toward the powered-lift-specific 
flight time requirements of Sec.  61.163(a)(3) because the aircraft 
operated under an approved SIC PDP must be a multiengine airplane or a 
single-engine turbine-powered airplane. Rather, the proposal would 
align the logging of SIC flight time acquired under an SIC PDP toward 
an ATP certificate with powered-lift category rating with that as 
permitted for an ATP certificate with an airplane category rating or a 
rotorcraft category and helicopter class rating.
---------------------------------------------------------------------------

    \347\ An SIC PDP allows the certificate holder's pilots to log 
SIC time in certain operations conducted under part 135 in an 
airplane or operation that does not otherwise require an SIC. See 
Sec.  135.99(c)(2). The FAA did not propose any revisions to the 
aircraft requirements for an SIC PDP as set forth in Sec.  
135.99(c); therefore, this final rule does not enable a part 135 
operator to seek approval of an SIC PDP in a powered-lift.
---------------------------------------------------------------------------

    The FAA noted that ICAO currently has a standard for logging flight 
time to meet the standards for certificates and ratings in aircraft 
other than powered-lift. ICAO has recommended practices for logging 
time in powered-lift that are not yet standards but mirror the logging 
standards for other categories of aircraft.\348\ However, ICAO does not 
recognize the crediting of flight time when a pilot is not required by 
the aircraft certification or the operation under which the flight is 
being conducted. As a result, SIC time accrued in accordance with an 
approved PDP program and credited toward the flight time requirements 
of a certificate or rating in accordance with part 61 as described 
results in an ICAO limitation being placed on the pilot's certificate 
until such time that the pilot can demonstrate flight time logged meets 
the ICAO standard and is reflected in their logbook in accordance with 
Sec.  61.51.\349\ While these standards are only recommended practices 
at this time, the FAA presumes the ICAO recommendations for powered-
lift will become standards in the future, given the mirroring standards 
for airplanes and helicopters. Therefore, the FAA proposed to add 
paragraphs (d) and (e) \350\ to Sec.  61.163 to include the requirement 
for the ICAO limitation and the requirements for removing the 
limitation. The FAA did not receive comment on these paragraphs (Sec.  
61.163(c), (d), and (e)) and adopts the provisions as proposed.
---------------------------------------------------------------------------

    \348\ ICAO Annex 1, Sections 2.6.3.1.2 and 2.6.4.1.2 are 
standards relative to the credit of flight time in airplanes and 
helicopters, whereas Sec.  2.6.5.1.3 is a recommendation pertaining 
to powered-lift and not a standard. Section 2.6.3.1.2 states for 
airplanes ``When the applicant has flight time as a pilot of 
aircraft in other categories, the Licensing Authority shall 
determine whether such experience is acceptable and, if so, the 
extent to which the flight time requirements of 2.6.3.1.1 can be 
reduced accordingly. Section 2.6.4.1.2 states for helicopters, 
``When the applicant has flight time as a pilot of aircraft in other 
categories, the Licensing Authority shall determine whether such 
experience is acceptable and, if so, the extent to which the flight 
time requirements of 2.6.4.1.1 can be reduced accordingly.'' Section 
2.6.5.1.3 is currently a recommendation for powered-lift and states, 
``When the applicant has flight time as a pilot of aircraft in other 
categories, the Licensing Authority should determine whether such 
experience is acceptable and, if so, the extent to which the flight 
time requirements of 2.6.5.1.1 could be reduced accordingly.''
    \349\ See Sec. Sec.  61.159(e) and (f), 61.161(d) and (e).
    \350\ As discussed in section V.I.4. of this preamble, this 
final rule adopts new paragraph (c) to allow a pilot to credit SIC 
time logged under an SIC PDP toward certain flight time requirements 
for an ATP certificate with a powered-lift category rating.
---------------------------------------------------------------------------

5. References to Category and Class
    During the rulemaking process, the FAA identified several 
regulations in various parts containing references to the category and 
class of aircraft; however, the FAA did not propose or establish 
classes of powered-lift in this rulemaking. As a result, the 
requirements for the appropriate class of aircraft would present a 
problem for powered-lift pilots in part 61, subpart K of part 91, part 
135, part 141, and part 142. The FAA, therefore, proposed to update the 
regulatory references to category and class to make clear that the 
reference to class is only appropriate if the regulations require 
classes for the category of aircraft. The FAA proposed two different 
approaches to remedy the discrepancy. First, to account for the lack of 
powered-lift classes in part 61, the FAA proposed to directly amend the 
following sections: Sec. Sec.  61.3(e)(1)-(2), (f)(2)(i)-(ii) and 
(g)(2)(i)-(ii); 61.45(a)(1)(i) and (a)(2)(ii) \351\; 61.51(f)(2); 
61.57(a)(1)(ii), (b)(1)(ii), and (g)(1) and (4); and 61.64(a)(1) and 
(g)(1).
---------------------------------------------------------------------------

    \351\ The FAA notes that while the NPRM preamble discussed this 
revision to Sec.  61.45(a)(1)(i) and (a)(2)(ii), the amendatory 
instructions in the NPRM erroneously did not include the revisions 
to Sec.  61.45. Due to the general nonsubstantive nature of this 
revision and the discussion in the NPRM preamble, the FAA finds that 
the public received adequate notice of this revision.
---------------------------------------------------------------------------

    To account for the lack of powered-lift classes in subpart K of 
part 91 and parts 135, 141, and 142, the FAA proposed regulations under 
the SFAR,\352\ which would clarify when references to class are 
inapplicable when a powered-lift is used under those respective parts.
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    \352\ The FAA chose to propose SFAR provisions rather than 
permanent amendments to allow the agency time to assess which 
permanent changes would be needed in part 141 to accommodate the use 
of powered-lift in the certification and rating courses long-term.
---------------------------------------------------------------------------

    First, Sec.  91.1055(b)(2) allows deviation from flight-time hour 
requirements for PICs and SICs operating program flights if an existing 
program manager adds a new category and class of aircraft to its fleet 
not used before in its operation. The FAA proposed Sec.  194.245(b) to 
clarify that the reference to class in Sec.  91.1055(b)(2) is 
inapplicable when a powered-lift is used for the operation under 
subpart K of part 91.
    Next, as it pertains to part 141, Sec. Sec.  141.35(a)(1), 
141.36(a)(1), 141.37(a)(2)(ii), and 141.37(a)(3)(ii) set forth certain 
qualification requirements, including class ratings, for chief 
instructors, assistant chief instructors, and check instructors.\353\ 
Additionally, the appendices of part 141 reference classes of aircraft 
in the context of course content. To account for the inapplicability of 
classes as it pertains to powered-lift, the FAA proposed Sec.  194.241, 
which would remove the qualification requirement to hold a class rating 
in Sec. Sec.  141.35(a)(1), 141.36(a)(1), 141.37(a)(2)(ii), and 
141.37(a)(3)(ii) when a powered-lift is used in the course. Proposed 
Sec.  194.241(a) and (b) delineate the certificates and ratings a 
person must hold to be designated as a chief instructor, an assistant 
chief instructor, or a check instructor (for checks and tests that 
relate to flight training and ground training) when a powered-lift is 
used in the course. To note, in delineating the ratings that must be 
held on the pilot certificate for

[[Page 92391]]

persons seeking designation as a chief instructor, an assistant chief 
instructor, or a check instructor (for checks and tests that relate to 
flight training), the FAA proposed to add the requirement that such 
person must hold a powered-lift type rating.\354\
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    \353\ Specifically, Sec. Sec.  141.35(a)(1), 141.36(a)(1), and 
141.37(a)(2)(ii) require chief flight instructors, assistant flight 
instructors, and check instructors to hold a commercial pilot 
certificate or ATP certificate and a current flight instructor 
certificate; for flight training, these certificates must contain 
the appropriate aircraft category, class, and instrument ratings (if 
required) for the aircraft category and class of aircraft to be used 
in the course. For checks and tests related to ground training, 
Sec.  141.37(a)(3)(ii) requires the check instructor to hold a 
current flight instructor certificate or ground instructor 
certificate with the ratings appropriate to the category and class 
of the aircraft used in the course.
    \354\ A person who holds a flight instructor certificate is 
subject to the limitations contained in Sec.  61.195. Specifically, 
Sec.  61.195(e) prohibits a flight instructor from giving training 
in an aircraft that requires the PIC to hold a type rating unless 
the flight instructor holds a type rating for the aircraft on their 
pilot certificate for that aircraft. Because a PIC of a powered-lift 
would be required to hold a type rating, to provide flight training 
in a powered-lift, the flight instructor would be required to hold a 
type rating for the powered-lift as well.
---------------------------------------------------------------------------

    Additionally, proposed Sec.  194.249(b) would make the references 
to class contained in course content in the appendices to part 141 
inapplicable when a powered-lift is used for a course of training. The 
FAA also identified a technical amendment change to part 
141.37(a)(3)(ii) discovered during the pendency of this rulemaking that 
was not proposed in the NPRM. Currently, part 141.37(a)(3)(ii) states 
that ``Except for a course of training for a lighter-than-air rating, 
hold a current flight instructor certificate or ground instructor 
certificate with ratings appropriate to the category and class of 
aircraft used in the course.'' This language is incorrect in that there 
is no category or class of aircraft listed on a ground instructor 
certificate; rather, the language after ground instructor should be 
tied with the flight instructor certificate. The FAA is therefore 
adopting an amendment editorial in nature to correct the error.
    The FAA proposed Sec.  194.249 to resolve the inapplicability of 
class in parts 135 and 142. Specifically, Sec. Sec.  135.4(b)(2), 
135.247(a)(1) and (2), and 135.603 set forth, first, similar deviation 
to that in Sec.  91.1055(b)(2) and, second, certain requirements for 
PICs \355\ in aircraft carrying passengers or in helicopter air 
ambulance operations. The FAA proposed Sec.  194.249(a) to clarify that 
the references to class in these regulations are inapplicable when a 
powered-lift is used for the operation under part 135. Additionally, 
Sec. Sec.  142.11(d)(2)(ii), 142.49(c)(3)(iii), 142.53(b)(1), and 
142.65(b)(1) set forth certain requirements for issuance or amendment 
of training specifications, instructor and certificate holder 
privileges and limitations, and instructor training and testing.\356\ 
Similarly, the FAA proposed Sec.  194.249(c) to clarify that references 
to class of aircraft in these sections do not apply when operating 
powered-lift or FSTDs representing powered-lift under part 142.
---------------------------------------------------------------------------

    \355\ Section 135.4(b)(2) allows deviation from certain 
crewmember experience requirements if the certificate holder adds to 
its fleet a new category and class of aircraft not used before in 
its operation. Section 135.247(a)(1) and (2) require certain 
takeoffs and landings as the sole manipulator of the flight controls 
in an aircraft of the same category, class, and type, if a type 
rating is required, in which that person is to serve. Finally, Sec.  
135.603 requires the PIC of a helicopter air ambulance operation to 
meet the requirements of Sec.  135.243 and to hold either a 
helicopter instrument rating or an ATP certificate with a category 
and class rating for that aircraft, not limited to VFR.
    \356\ Specifically, 142.11(d)(2)(ii) discusses entitlement to 
training specifications that contain the category, class and type of 
aircraft that may be used for training, testing, and checking; 
142.49(c)(3)(iii) requires an instructor to hold the certificates 
and ratings specified by part 61 appropriate to the category, class, 
and type of aircraft in which instructing, 142.53(b)(1) requires 
certain flight hours and takeoffs and landings for simulator 
instructors in the same category, class, and type (if required) 
replicated by the simulator, and 142.65(b)(1) sets forth crewmember 
position requirements for flight testing, flight checking, or line 
operational simulation.
---------------------------------------------------------------------------

    The FAA did not receive any comments on these amendments and adopts 
the amendments as proposed.

J. Part 135 Pilot Qualifications

1. Statement of the Issue and Introduction
    As discussed in the NPRM, the current regulatory framework of part 
135, particularly subparts A, E, G, and H, was initially codified 
without the contemplation of powered-lift operations. Specifically, 
unlike part 61 where the 1997 final rule introduced powered-lift into 
the CFR for airman certification, powered-lift could not operate in 
part 135 and, therefore, revisions were unnecessary at that time. 
Therefore, the NPRM proposed to introduce powered-lift into the 
regulatory training and qualification paradigm in part 135, rather than 
simply updating or modifying existing powered-lift requirements, 
through a twofold framework: permanent regulatory amendments and 
temporary SFAR requirements.
    These requirements are intended to facilitate the training and 
qualification of the initial groups of part 135 pilots, flight 
instructors, and check pilots. In many instances, the training and 
qualification requirements applicable to airplane pilots in part 135 
would also be applied to powered-lift pilots by virtue of the use of 
the term ``aircraft.'' \357\ Because the FAA anticipates that during 
operations powered-lift will quickly transition to horizontal flight 
using the wings like an airplane to afford powered-lift a much larger 
operational range and faster speeds to optimize operational 
capabilities, powered-lift pilots must possess many of the same skills 
and experience as their airplane pilot counterparts in certain 
instances. Conversely, due to the operational differences in the 
capability of powered-lift and integration of powered-lift into the NAS 
for civilian use, there are instances where existing airplane or 
helicopter training and qualification rules do not readily apply, which 
requires new temporary or permanent requirements.
---------------------------------------------------------------------------

    \357\ Pursuant to 14 CFR 1.1, ``aircraft'' means a device that 
is used or intended to be used for flight in the air, which would 
inherently include powered-lift.
---------------------------------------------------------------------------

2. Relevant History and Background
    Part 135 prescribes operating requirements for commuter and on-
demand operations. Specifically, subpart A prescribes the operations 
and personnel that are affected by the part, and subpart E details 
flight crewmember qualification requirements. Subparts G & H set forth 
the testing and training requirements for crewmembers. The NPRM 
provided a comprehensive history of the part 135 training and checking 
regime,\358\ which continually seeks to provide the highest level of 
safety and risk-mitigation in commuter and on-demand operations. This 
SFAR and permanent amendments described herein are intended to provide 
an equivalent level of training, checking, and testing for powered-lift 
operations as those expected of airplane and helicopter operations.
---------------------------------------------------------------------------

    \358\ 88 FR 38946 at 39009 (June 14, 2023).
---------------------------------------------------------------------------

3. Rules Applicable to Operations Subject to Part 135 (Sec.  135.3)
    Section 135.3 prescribes the rules that apply to persons conducting 
operations under part 135. This section is generally applicable to all 
operations under part 135, regardless of aircraft category; however, 
paragraph (b) applies only to airplanes. Specifically, Sec.  135.3(b) 
requires that those certificate holders conducting commuter operations 
under part 135 with airplanes in which two pilots are required by the 
type certificate of the airplane must comply with subparts N and O of 
part 121 (Training Program and Crewmember Qualifications, respectively) 
instead of the requirements of subparts E, G, and H of part 135.
    As discussed in the NPRM, the FAA determined that the same safety 
standard imposed in Sec.  135.3(b) for commuter operations involving 
airplanes for which two pilots are required by type certification 
should apply to powered-lift requiring two

[[Page 92392]]

pilots by type certification.\359\ However, the FAA noted that subparts 
N and O of part 121 are specific to multiengine airplanes, and the FAA 
did not amend part 121 to accommodate powered-lift operations under 
that part. Additionally, certain requirements in subparts N and O to 
part 121 require compliance with appendices E and F of part 121 \360\ 
(Flight Training Requirements and Proficiency Check Requirements, 
respectively), which are applicable to airplanes, as well. In the 
absence of amending part 121 (specifically, subparts N and O and the 
referenced appendices) to accommodate powered-lift-specific training 
and checking, the powered-lift flightcrew member would be inherently 
precluded from performing some airplane-specific tasks that are 
incongruent with powered-lift operational capabilities, creating a 
safety risk of insufficient training and checking.
---------------------------------------------------------------------------

    \359\ Specifically, the NPRM discusses the intention of reducing 
accidents and incidents related to human performance in commuter 
operations and ensuring a balanced mix of training and checking to 
enhance public and passenger safety. 88 FR 38946 at 39010 (June 14, 
2023).
    \360\ In accordance with Sec.  121.424 of subpart N, flight 
training must include at least the maneuvers and procedures 
specified in appendix E to part 121. In accordance with Sec.  
121.441 of subpart O, proficiency checks must include at least the 
maneuvers and procedures specified in appendix F to part 121.
---------------------------------------------------------------------------

    Therefore, to facilitate an appropriate level of training and 
checking for certificate holders conducting commuter operations under 
part 135 with powered-lift requiring two pilots by the type 
certificate, the FAA proposed Sec.  194.247(b) to create an alternative 
means of compliance with Sec.  135.3(b).\361\ For these operations, the 
FAA proposed that certificate holders comply with subpart Y of part 
121, which allows for an Advanced Qualification Program (AQP). This 
program provides for approval of an alternate method for qualifying, 
training, certifying, and otherwise ensuring the competency of persons 
required to be trained under parts 121 and 135.\362\ This proposal 
facilitates a rigorous safety standard for training and checking 
without (1) imposing the inapt multiengine airplane requirements of 
subparts N and O (and the applicable appendices) on powered-lift 
commuter operators in part 135 or (2) overhauling the framework of part 
121 to include powered-lift which are not entering part 121 operations 
at this time.
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    \361\ The FAA notes that the proposal to use an AQP is 
temporary, as set forth in the SFAR rather than a permanent 
regulation. As intended with the SFAR in general, as additional 
information becomes available on the training and checking necessary 
to effectuate safety for certain part 135 commuter powered-lift 
operations, the FAA may revise this standard as appropriate.
    \362\ Sec.  121.901.
---------------------------------------------------------------------------

    ALPA supported the FAA's decision not to amend part 121 to 
accommodate powered-lift operations, stating that considerable data 
must be collected and analyzed before expanding into part 121 
operations.
    The FAA found that, in lieu of modifying subparts N and O of part 
121 to accommodate the integration of certain powered-lift commuter 
operations, implementing the AQP would uphold a similarly rigorous 
safety standard for training and checking. The FAA proposed the use of 
AQP to align more closely with the training and under subparts N and O 
of part 121 as prescribed in Sec.  135.3. Compliance with AQP, normally 
a voluntary program, shall be mandatory for powered-lift commuter 
operations, given the unsuitability of the current N and O language to 
powered-lift. AQP provides an alternative method for qualifying and 
training pilots to ensure competency while providing an equivalent 
level of safety to those required by a subpart N and O training 
program. Additionally, the flexible, performance-based standard of an 
AQP will best suit the SFAR's novel training paradigm for powered-lift 
through the integration of safety program data, scenario-based training 
and evaluations, crew resource management (CRM) training, customization 
to the certificate holder's unique demographic and flight operation, 
and innovative instructional methods and technology.
    The FAA proposed Sec.  194.247(b) to require certain elements 
within the AQP in recurrent ground training for PICs every 36 months. 
This is to ensure that the training received by powered-lift pilots 
under subpart Y of part 121 to that required for PICs in airplane 
commuter operations in which two pilots are required by type 
certification. Specifically, the FAA proposed Sec.  194.247(b)(2)(i) to 
require that these PICs receive training, instruction, and facilitated 
discussion on leadership and command and mentoring as part of their 
initial, recurrent, and upgrade ground training. This requirement is 
similar to the initial, recurrent, and upgrade ground training 
requirements that govern airplane commuter operations.\363\ Proposed 
Sec.  194.247(b)(2)(ii) requires that mentoring training include 
techniques for instilling and reinforcing the highest standards of 
technical performance, airmanship, and professionalism in newly hired 
pilots. Finally, proposed Sec.  194.247(b)(4) includes requirements for 
initial and upgrade flight training for PICs to contain sufficient 
scenario-based training incorporating crew resource management and 
leadership and command skills, to ensure the pilot's proficiency as 
PIC.
---------------------------------------------------------------------------

    \363\ 14 CFR part 121, subpart N.
---------------------------------------------------------------------------

    The FAA received one comment specifically pertaining to the 
amendments proposed in Sec.  194.247. AWPC opposed the requirement to 
adhere to subpart Y of part 121. AWPC contended that requiring powered-
lift operators to adhere to subpart Y is excessive and burdensome 
because the programs require more time, larger staffing, and higher 
costs than other training programs, which would be incongruent to apply 
only to powered-lift operators. Instead, AWPC suggested that powered-
lift part 135 operators should adhere to the same regulations as 
helicopter part 135 operators.
    The FAA recognizes that establishing an AQP may place a burden on 
operators.\364\ However, it is important to recognize that these 
burdens (e.g., detailed job task analysis, increased evaluator and 
trainer requirements, development of performance measurement tools and 
qualification standards) are offset by the significant benefits offered 
by an AQP. Unlike traditional training programs, which use maneuver-
based training and evaluation and often segment simulation events in a 
manner that fails to realistically build up the accident error chain, 
AQP scenario-based training and evaluation more closely simulate the 
actual flight conditions known to cause most fatal carrier accidents. 
This approach aligns training and evaluation with known causes of human 
error, focusing on both crew and individual performance as well as 
integrating flight training with CRM skill training. Moreover, AQP 
offers greater efficiency to operators by allowing for proficiency 
based training, as opposed to prescriptive programmed hours.
---------------------------------------------------------------------------

    \364\ The cost for the AQP information collection for AQP is 
included in the PRA section of this rulemaking.
---------------------------------------------------------------------------

    Whether a training program falls under subparts N and O of part 
121, subparts E, G, and H of part 135, or subpart Y of part 121, the 
financial burden of adding a new category of aircraft, such as powered-
lift, to a certificate holder's operations is similar. All training 
programs require a front-end analysis of the certificate holder's 
operation, aircraft, line environment, and job functions for each duty 
position. Additionally, the regulations require the development of FAA-
approved operational manuals and training and qualification of all 
instructors and

[[Page 92393]]

evaluators in adding a new category of aircraft to a certificate. The 
process of adding a new aircraft category requires data collection and 
analysis processes for both the initial and final approval of training 
programs and the issuance of the appropriate operation specifications. 
The FAA notes that 24 certificate holders, which includes one part 135 
operator, to date, have voluntarily chosen to implement the AQP over 
the standards in part 121 N&O. This voluntary adoption of AQP supports 
that certificate holders have determined the benefit of implementing an 
AQP exceeds its costs.\365\ As well, of the ten projects undergoing 
type-certification at the FAA, only one project requires two pilots by 
type certification (the AW-609), and thus subject to the subpart Y of 
part 121.
---------------------------------------------------------------------------

    \365\ Over 90% of part 121 pilots are trained under an AQP 
program, with 25 part 121 AQPs approved and 1 pending. There is 
currently 1 part 135 operator and 2 other part 135 operators in the 
approval process. All of the 121s and 135s are opting to comply with 
AQP.
---------------------------------------------------------------------------

    As previously discussed, Sec.  135.3(b) sets forth certain training 
program and qualification requirements specifically for commuter 
operations that use airplanes in which two pilots are required by type 
certification; conversely, Sec.  135.3(c) sets forth training program 
and qualification requirements for those aircraft to which paragraph 
(b) does not apply but who opt to use part 121 training standards.
    The FAA maintains that allowing powered-lift to make use of the 
``opt in'' provision in Sec.  135.3(c) to utilize subparts N and O of 
part 121 is unworkable. As previously explained, subparts N and O of 
part 121 are multiengine airplane specific and, at this time, the FAA 
is not amending part 121 to accommodate powered-lift operations. For 
example, subparts N and O contain left and right seat requirements 
whereas some powered-lift may only have one seat, training hour 
requirements are tied to airplane types, and extended envelope training 
is tailored to airplane characteristics that may not be applicable to 
powered-lift. Additionally, powered-lift may present new requirements 
(such as tandem seating for pilots) or different flight envelopes not 
currently covered by subparts N and O. Having an N and O section that 
does not adequately address powered-lift issues in full would create a 
training gap among powered-lift pilots and not satisfy the intent of 
the training program.
    As ALPA commented, the permanent integration of powered-lift into 
part 121 operations is premature; amending part 121 for powered-lift 
operations requires extensive analysis of operational history based on 
lessons learned from the initial SFAR period and part 135 operations. 
The application of subparts N and O as written would mandate that a 
powered-lift flightcrew perform some airplane-specific tasks 
incongruent with powered-lift operational capabilities. These subparts 
do not include specific tasks that are imperative to powered-lift 
operations. This as-is application could result in PICs that are 
insufficiently trained and checked on some maneuvers that powered-lift 
possess the operational capability to conduct.
    Likewise, the application of subparts E, G, and H under part 135 to 
powered-lift is insufficient due to the expectation of safety during 
commuter operations. As discussed in the NPRM, the FAA adopted a final 
rule in 1995, upon recommendation from the NTSB, to require airplanes 
that require two pilot crewmembers to comply with the training, 
checking, and qualification requirements of part 121 (i.e., subparts N 
and O).\366\ Specifically, the FAA considered the number of passengers 
and types of operations that the part 135 commuter carriers conduct and 
determined that comprehensive training requirements set forth by part 
121 achieved a stronger level of safety. Specifically, part 121 
training, to include CRM, benefits these types of passenger-carrying 
operations because it provides more emphasis on training, whereas the 
part 135 rules (i.e., subparts E, G, and H) rely more heavily on 
testing and checking requirements. Powered-lift that require two pilots 
by type certification will be similarly complex as airplanes in both 
operating characteristics and in types of operation and require a 
similarly high caliber of pilot training to ensure the public is as 
safe as they would be in a part 121 operation.\367\
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    \366\ Final rule: Air Carrier and Commercial Operator Training 
Programs, 60 FR 65940 (Dec. 20, 1995).
    \367\ The FAA proposed to use the phrase ``two pilots as 
required by the aircraft flight manual''. For the final rule, the 
FAA decided to use the term ``as required by type certification'' to 
appropriately mirror Sec.  135.3.
---------------------------------------------------------------------------

    Powered-lift operations are expected to be operating in densely 
populated areas, landing in complex airspace, and are significantly 
novel in that the true diversity and complexity of future operations 
are difficult to predict. Powered-lift operations will be able to 
operate similar to current helicopter operations in take-off and 
landing along with confined landing areas while also having a 
predominant amount of the flight similar to an airplane at higher 
altitudes and speeds. Helicopters are excepted from the same 
requirements as airplanes because they generally do not take on the 
complex nature of airplane commuter operations, which may often be 
conducted under IFR, with numerous passengers in busy, complex 
airspace, and in aircraft with complex systems and/or crew resource 
management demands. If powered-lift are expected to take their place 
among or, alternatively, replace some airplane commuter operations, 
they must achieve the same level of safety expected by the public.
    The unique nature of powered-lift as an entrant aircraft and 
significant differences between types necessitate specific training 
tailored to the operator's actual environment. Therefore, the FAA 
determined the AQP is the most appropriate mechanism to facilitate a 
customized, data-informed training program able to leverage 
technological and training innovation. The data driven component of an 
AQP will ensure that carriers are able to more precisely identify 
critical training requirements for their novel operations that may be 
unique to the type of powered-lift. In addition, AQP provides a 
trained-to-proficiency model that uses planned hours, that exceeds the 
training and checking paradigm imposed under subparts N and O of part 
121.
    In further reviewing the AQP requirements in subpart Y of part 121, 
the FAA found that Sec. Sec.  121.903(c) and 121.921(a) contain the 
word ``airplane'' versus the term ``aircraft,'' which is used in the 
remainder of regulations in subpart Y. Notwithstanding the reference to 
aircraft in Sec. Sec.  121.903(c) and 121.921(a), the intent of the 
NPRM remains the same--to conduct training under subpart Y rather than 
subparts N and O--and the regulatory impact cost analysis unchanged. In 
the final rule, the FAA is requiring commuter operators to use AQP in 
subpart Y of part 121 as proposed. However, the FAA modified Sec.  
194.247(b)(1) to apply requirements of Sec. Sec.  121.903(c) and 
121.921(a) to powered-lift.
    After thorough analysis of all these factors, including any 
additional burden to the certificate holder, the FAA has determined to 
maintain the position that commuter operations under part 135 should be 
required to train under an AQP in accordance with subpart Y of part 
121. As noted, the FAA's decision is based on the inapplicability of 
part subparts N and O in part 121 and the fact that subparts E, G, and 
H of part 135 are not sufficient in the level of training needed for 
powered-lift commuter operations. The use of AQP for powered-lift 
reflects a commitment to achieving a high standard of safety and 
operational efficiency.

[[Page 92394]]

4. Applicability of Rules for Eligible On-Demand Operations (Sec.  
135.4)
    Section 135.4 describes pairing and experience limitations as well 
as operational limitations for eligible-on demand operations. Section 
135.4 applies to powered-lift; however, Sec.  135.4(a)(3), when 
describing pilot operating limitations, applies only to fixed-wing 
aircraft. Section 135.4(a)(3) provides certain conditions when the 
pilot-in-command shall make all take-offs and landings while conducting 
an eligible-on demand operation. The FAA maintains that powered-lift 
may have more complex landing situations than fixed-wing when operating 
under conditions listed in (a)(3)(i) and (a)(3)(ii),\368\ and that the 
experience mandated by the regulation should be applied to powered-lift 
as well.
---------------------------------------------------------------------------

    \368\ These conditions relate to prevailing visibility at the 
airport, visual range for the runway, runway conditions (e.g., 
water, snow, ice), crosswinds, and windshear.
---------------------------------------------------------------------------

    The FAA proposed in Sec.  194.307 to apply the pilot operating 
limitations in Sec.  135.4(a)(3) to powered-lift. The FAA did not 
receive any comments, and the section is adopted as proposed.
5. Pilot in Command Qualifications (Sec.  135.243)
    Section 135.243 prescribes qualifications for pilots serving as PIC 
in certain passenger-carrying part 135 operations, passenger and cargo 
flights under VFR, and passenger and cargo flights under IFR. Such 
qualifications include minimum certificates, ratings, and hours of 
pilot time, cross-country time, night flight time, and, if applicable, 
actual or simulated instrument time. Certain PIC requirements in Sec.  
135.243 apply to all aircraft (i.e., Sec.  135.243(b)(1)-(2), 
(c)(1)(2)); therefore, these requirements that generally apply to PICs 
in any aircraft in part 135 operations apply to PICs of powered-lift. 
Other PIC requirements are specific to the category (i.e., airplane) or 
class (i.e., helicopter) of aircraft being flown (e.g., Sec.  
135.243(b)(3) applies to airplanes; Sec.  135.243(b)(4) applies to 
helicopters). For these sections that do not include a specific 
provision for powered-lift, the FAA proposed certain permanent changes 
to incorporate powered-lift specific requirements into Sec.  135.243. 
This section discusses each proposed revision, relevant comments to the 
proposal, and resulting final amendments.
i. Section 135.243(a)
    Section 135.243(a) prescribes the general requirements for a person 
to serve as PIC in certain passenger-carrying operations. Specifically, 
under Sec.  135.243(a), to serve as PIC in a passenger-carrying 
operation of (1) a turbojet airplane, (2) an airplane with a passenger-
seat configuration of 10 seats or more, or (3) a multiengine airplane 
in a commuter operation, a person must hold an ATP certificate with 
appropriate category and class ratings and, if required, an appropriate 
type rating for that airplane. Similarly, Sec.  135.243(a)(2) requires 
a person to hold an ATP certificate, appropriate type ratings, and an 
instrument rating to serve as PIC in passenger-carrying operations of a 
helicopter in scheduled interstate air transportation \369\ within the 
48 contiguous states.
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    \369\ Interstate air transportation is defined in 14 CFR 1.1: 
the carriage by aircraft of persons or property as a common carrier 
for compensation or hire, or the carriage of mail by aircraft in 
commerce: (1) Between a place in a State or the District of Columbia 
and another place in another State or the District of Columbia; (2) 
Between places in the same State through the airspace over any place 
outside that State; or (3) Between places in the same possession of 
the United States;
    Whether that commerce moves wholly by aircraft of partly by 
aircraft and partly by other forms of transportation.
---------------------------------------------------------------------------

    As previously noted, the FAA proposed to add specific requirements 
for powered-lift as permanent changes \370\ to align with the existing 
requirements specific to airplanes and helicopters. Without adding a 
provision for powered-lift to Sec.  135.243(a), Sec.  135.243(b) and 
(c) would dictate PIC qualifications for powered-lift in certain 
passenger-carrying operations based on whether the operation is 
conducted under VFR or IFR (i.e., only a commercial pilot certificate 
with a powered-lift category rating and a type rating would be 
required). Leaving the regulation unchanged would result in less 
stringent PIC requirements for powered-lift PICs in complex passenger-
carrying operations than those required to serve as PIC of an airplane 
or helicopter.
---------------------------------------------------------------------------

    \370\ As discussed in the NPRM, a permanent revision aligns with 
the permanent revisions in part 61 requiring the PIC in powered-lift 
operations to hold a type rating (i.e., Sec.  61.31) and existing 
requirements within Sec.  135.243 for airplanes and helicopters. The 
FAA may propose subsequent amendments to modify the certification 
standards for powered-lift PICs within Sec.  135.243(a) as more 
operational information is collected during the life of the SFAR. 
See 88 FR 39013 (June 14, 2023).
---------------------------------------------------------------------------

    Therefore, the FAA proposed to permanently add paragraph (a)(3) to 
Sec.  135.243 to require the PIC of a powered-lift to hold an ATP 
certificate with a powered-lift category rating and an appropriate type 
rating not limited to VFR for that powered-lift, when serving as PIC 
in: (1) on-demand passenger-carrying turbojet-powered powered-lift 
operations; (2) on-demand operations in a powered-lift having a 
passenger seating configuration, excluding crewmember seats, of 10 or 
more; and (3) powered-lift commuter operations other than turbojet-
powered powered-lift (hereinafter collectively referred to as ``certain 
part 135 commuter and on-demand powered-lift operations''). 
Consequently, as proposed, if a powered-lift PIC could not satisfy the 
ATP certificate requirements, that operator would be limited to 
conducting part 135 on-demand operations with non-turbojet-powered 
powered-lift containing less than 10 passenger seats until the ATP 
certificate requirements are satisfied. As proposed, under Sec.  
135.243(a)(3), a PIC would not be permitted to serve as PIC with a 
powered-lift type rating with a ``VFR only'' limitation in the 
aforementioned part 135 operations.\371\
---------------------------------------------------------------------------

    \371\ The FAA proposed a permanent change to replace the 
outdated reference to commuter operations as defined in ``part 119'' 
with ``part 110'' in Sec. Sec.  135.243(a)(1) and 135.244(a) in 
light of the transfer of definitions from Sec.  119.3 to a new part 
110. final rule: Operations Specifications, 75 FR 7482 (Feb. 10, 
2011).
---------------------------------------------------------------------------

    ALPA disagreed with the FAA's proposed requirement for powered-lift 
PICs to hold an ATP certificate and type rating only for on-demand 
operations involving 10 or more passenger seats. ALPA recommended that 
instead, if an ATP certificate is required for traditional helicopter 
operations, an ATP certificate should also be required for similar 
powered-lift operations regardless of seat capacity, to ensure the 
highest level of safety in this novel aircraft type and its operations.
    Bristow stated that operators of powered-lift in commuter 
operations will be required to have an ATP certificate, but there is no 
relief provided in the proposed rules that allows pilots to obtain 
experience necessary for an ATP certificate. The commenter contended 
that the small pool of military pilots with powered-lift experience 
will hamper AAM commuter services. The commenter also noted that AAM 
operations will be different than the other operations requiring the 
PIC to hold an ATP certificate--functioning more like taxi/bus services 
than as an alternative to commercial aircraft service.
    In response to ALPA's comment on the scope of ATP certificate 
requirement, the FAA notes that the regulatory text as proposed and 
finalized in this rulemaking will apply to more operations than just 
those where the powered-lift passenger-seat configuration consists of 
10 seats or more (excluding each crewmember

[[Page 92395]]

seat). The ATP certificate and type rating requirement also will be 
required for (1) turbojet-powered powered-lift, and (2) powered-lift in 
commuter operations as defined in part 110. Thus, a PIC will be 
required to hold an ATP certificate and type rating for a commuter 
operation as defined in part 110 even if the powered-lift itself had a 
passenger-seat configuration of only four. The FAA has determined that, 
similar to the airplane operations that require a pilot to hold an ATP 
certificate, the aforementioned powered-lift operations involve greater 
complexity and therefore require the highest level of pilot proficiency 
and experience. This requirement is commensurate with the public's 
expectations for safety in commercial operations involving routine 
scheduled flights.
    The NPRM provided extensive discussion in support of the 
requirement to hold an ATP certificate with a powered-lift category 
rating and appropriate type rating not limited to VFR for certain part 
135 commuter and on-demand powered-lift operations.\372\ Primarily, the 
operations that are envisioned for powered-lift are virtually identical 
to those existing airplane and helicopter operations in part 135 that 
require ATP certification. As such, PIC qualifications must remain 
consistent across operations to address the similar level of risk in 
the complex operations (e.g., passenger carriage, duration of flight 
time, operating systems, high-traffic areas in the NAS, etc.). This 
complexity necessitates robust knowledge, training, and flight time to 
achieve the highest level of safety.
---------------------------------------------------------------------------

    \372\ 88 FR 38946 at 39012 (June 14, 2023).
---------------------------------------------------------------------------

    To the extent that ALPA suggests that the ATP certificate 
requirement should apply to the same operations applied to helicopter 
operations (i.e., all interstate operations regardless of passenger 
capacity), the FAA does not agree. PICs in on-demand and non-common 
carriage operations in smaller powered-lift that are not turbojet-
powered are not required to hold the ATP certificate when conducting 
interstate operations. If the FAA applied the same rule as helicopters, 
these interstate operations in smaller powered-lift would require the 
PIC to hold an ATP certificate. The FAA finds that an ATP certificate 
for these types of operations typically involve smaller and less 
complex aircraft, flying for a shorter duration of time with a lower 
passenger-carrying capacity.
    Under the hypothetical application of Sec.  135.243(a)(2) to 
powered-lift, virtually all passenger carrying operations that crossed 
state lines would require an ATP certificate. In addition, a blanket 
requirement of an ATP certificate for powered-lift for all flights 
would be a higher requirement than any other existing aircraft in 
similar operations and create an undue burden for powered-lift 
operations. This paradigm most aptly balances the need for increased 
experience in complex operations and operating environments without 
overly burdening other operations where a greater amount of flight 
time, training, and qualification is not necessary.
    Bristow's comments provide a perspective that AAM operations will 
be different than the most traditional commercial operations that 
require the PIC to hold an ATP certificate. However, the pilot 
requirements in Sec.  135.243(a)(3) apply to all part 135 commuter 
operations, and the characteristics of AAM operations described by 
Bristow, such as shorter, more predictable routes within urban 
environments and lower altitudes, do not justify lessening these 
requirements. While some AAM operations may resemble taxi or bus 
services in their function of ferrying passengers over relatively short 
distances, the complexities and potential risks of commuter operations 
are significantly greater.
    The argument that such operations could be equated to ground 
transportation overlooks the inherent complexities of aviation, where 
the consequences of failures or emergencies can be immediate and 
significantly different than the AAM operations described by Bristow. 
The FAA maintains that the safety requirements and pilot 
qualifications, including the requirement for an ATP certificate, must 
reflect the potential risks and complexities associated with all part 
135 commuter operations in all powered-lift designs. The AAM 
operational characteristics described by Bristow, although distinct, do 
not inherently diminish the potential criticality or safety 
implications of emergencies that might occur during powered-lift 
operations.
    To the extent that Bristow expressed concerns that the FAA proposed 
no relief from the ATP certificate requirements to accommodate ATP 
certificate requirement in Sec.  135.243(a)(3), the FAA foresees 
numerous paths to obtain the experience needed to serve in a commuter 
operation. Initial cadre programs under the SFAR and part 135 
operations not requiring an ATP certificate will allow pilots to begin 
amassing experience needed to serve in more demanding commuter 
operations. Finally, the FAA may not base a proposed regulation solely 
on a perceived lack of appropriately qualified pilots, and it sees no 
compelling safety case for reducing the experience requirements for a 
new category of aircraft. Reducing the experience requirements for ATP 
certification, particularly for a novel and limited segment like AAM, 
would not align with the FAA's mandate to uphold appropriate standards 
of safety. Therefore, Sec.  135.243(a) is being finalized as proposed.
ii. Section 135.243(b) and (c)
    Except as specified in Sec.  135.243(a), Sec.  135.243(b) and (c) 
establish the minimum pilot certificate, ratings, and flight time that 
a PIC must have when conducting part 135 VFR operations and part 135 
IFR operations, respectively. Specifically, under Sec.  135.243(b)(1) 
and (c)(1), to serve as a PIC of an aircraft under VFR or IFR, the 
person must hold at least a commercial pilot certificate with the 
appropriate category, class, and type rating (if type rating is 
required) for that aircraft. Additionally, dependent on whether the PIC 
seeks to operate under VFR or IFR, the PIC must meet certain flight 
time requirements set forth by Sec.  135.243(b)(2) and (c)(2). Because 
these requirements apply to PICs of all aircraft, they would equally 
apply to powered-lift PICs.
    However, Sec.  135.243(b)(3) and (4) and (c)(3) and (4) prescribe 
additional requirements specific to airplanes and helicopters regarding 
instrument ratings and flight time requirements. Notably, these 
paragraphs do not account for the requirements applicable to PICs 
operating powered-lift under VFR or IFR. Therefore, the FAA proposed to 
permanently amend Sec.  135.243(b) and (c) to set forth parallel 
requirements for powered-lift operations under VFR and IFR.
    Specifically, paragraphs (b)(5) and (c)(5) would require the PIC of 
a part 135 VFR operation and a part 135 IFR operation in a powered-lift 
to hold an instrument-powered-lift rating or an ATP certificate for the 
powered-lift category. These requirements largely mirror the existing 
requirements for PICs of part 135 airplane operations under VFR (or VFR 
over-the-top in the case of helicopters) and IFR in airplanes and 
helicopters (i.e., for airplane, an instrument rating or an ATP 
certificate with an airplane category rating; for helicopters, an 
instrument-helicopter rating or an ATP certificate with a category and 
class rating for that aircraft, not limited to VFR).
    Several commenters, including Archer, Eve, GAMA, and L3Harris,

[[Page 92396]]

opposed proposed Sec.  135.243(b)(5) requiring an instrument-powered-
lift rating or an ATP certificate with a powered-lift category rating 
for operations under VFR. Archer disagreed with the FAA's assessment 
that the operational characteristics of powered-lift are sufficiently 
different from helicopters to justify requiring an instrument-powered-
lift rating for part 135 VFR operations. Archer stated that the type 
certification process will demonstrate that their aircraft features the 
same key operating characteristics as helicopters and, further, that 
the requirement for initial commercial powered-lift pilots to hold an 
airplane or helicopter instrument rating would provide an additional 
layer of safety beyond that which is currently required for part 135 
VFR helicopter pilots. Archer further contended their specific model 
will have similar configuration as a helicopter.
    Eve also recommended having powered-lift treated as helicopters in 
this regard and to incorporate instrument ``awareness training'' in 
commercial training and checking. Additionally, L3 supported striking 
out powered-lift from the proposed Sec.  135.243(c)(5) text. L3 
recommended that any instrument rating, such as an airplane instrument 
rating, should be able to satisfy the instrument rating requirement in 
Sec.  135.243(c)(5).
    The FAA requires an instrument rating for part 135 VFR airplane 
operations because if an airplane encounters inadvertent instrument 
meteorological conditions (IIMC), the pilot must have the necessary 
knowledge and skills to maintain safe control of the airplane, 
transition to instruments, coordinate with ATC, and maneuver the 
airplane to an emergency instrument approach and landing at an airport. 
The FAA currently does not require an instrument rating for part 135 
VFR helicopter operations, recognizing their capabilities for slow 
flight and ability to land in a variety of conditions. While powered-
lift shares many characteristics with helicopters, a primary 
consideration in requiring an instrument rating for VFR operations is 
the powered-lift cruise profile. The FAA anticipates that other than 
necessary for takeoff and landing, many powered-lift will be optimized 
to primarily utilize lift provided by the wing for as long as practical 
to maximize efficiencies in fuel consumption, speed, and range similar 
to an airplane. This means many will operate at increased altitudes and 
faster airspeeds and may require more time and distance to avoid IIMC 
and complete an emergency approach and landing compared to a 
helicopter. While some powered-lift may have the ability to fly at 
slower airspeeds when operating in the vertical-lift flight mode, this 
requires additional pre-flight planning to ensure the aircraft has 
sufficient fuel/energy reserves to complete the flight in the vertical-
lift flight mode.\373\ However, IIMC events are not planned, therefore 
the fuel/energy reserves on the aircraft may be insufficient to 
transition from the wing-borne to the vertical-lift flight mode and 
complete the flight in VFR conditions. Because not all powered-lift 
types will have sufficient capability to avoid and recover from IIMC as 
readily as their helicopter counterparts, the FAA has determined the 
instrument rating provides a core competency that will increase safe 
outcomes when unexpectedly transitioning from VMC to IMC conditions.
---------------------------------------------------------------------------

    \373\ Powered-lift operators wishing to utilize helicopter 
weather minimums and helicopter VFR fuel reserves must demonstrate 
that their aircraft can meet certain performance and operational 
criteria to ensure the powered-lift can safely conduct a landing in 
vertical-lift flight mode at any point along the flight route. 
Absent this capability, the powered-lift is required to adhere to 
the airplane standards for weather minimums and fuel reserves.
---------------------------------------------------------------------------

    While the FAA recognizes that some manufacturers' aircraft may have 
the ability to transition rapidly into hovering flight modes or will 
operate at slower airspeeds, the rule must encompass the entirety of 
possible powered-lift designs. Some designs may not have the capability 
of entering slow flight, and if they do, it may be extremely time 
limited due to power consumption to complete a safe recovery at a 
suitable landing area. Others may not have the capability to transition 
into slower-flight modes in time to avoid an instrument encounter. In 
time, classes may emerge that will allow for a diversification of rules 
among the powered-lift fleet.
    Due to their ability to have multiple configurations of flight, it 
is important that powered-lift specific instrument skills be applied. 
Configuration changes during approach, novel systems, and automation, 
as well as unique emergency procedures make having an instrument rating 
in category critical to the expected level of safety demanded of part 
135 operations. The FAA has created instrument ratings that are 
category and sometimes class (in the case of helicopters) specific 
instead of being a universal rating on all categories for the very 
reason that these categories and individual classes are unique enough 
in operation that the training must be tailored as such.
    Many proposed operating areas for powered-lift are in densely 
populated urban areas, where an IIMC encounter may pose significant 
public risk if a loss of control occurs. Requiring powered-lift pilots 
to have an instrument rating during VFR operations on par with airplane 
requirements ensures that PICs of powered-lift possess the proper 
skills to safely conduct flight in the event of IIMC where pilot error 
can immediately become critical.
    Eve suggested that requiring an IFR rating is an overreach, given 
some powered-lift may not even be capable of instrument flight. The 
rationale behind the requirement is not to allow the aircraft to be 
flown IMC when conditions deteriorate (as it is a VFR only operation), 
but instead to ensure the pilot has the skills, experience, and 
knowledge in the category to keep the aircraft under control both 
during and before IIMC. Eve further suggested that many models will 
likely be operating along planned routes, near forecast weather, and 
short distances. This cannot be predicted for all types across the 
category, however, and innovative uses of powered-lift may rapidly 
expand beyond this possible area of operations. Although a powered-lift 
may not be type-certified for IFR operations, pilots can still acquire 
an instrument rating using these aircraft. This is similar to the 
situation with many helicopters, which may not be type certified for 
IFR flight, yet pilots often obtain their instrument ratings in these 
helicopters by conducting simulated IMC training in VMC.
    There may be future aircraft designs such that the skill, 
knowledge, and experience that the instrument rating for VFR operations 
otherwise brings will no longer be necessary. In addition, the 
environment where some powered-lift operations occur may be isolated, 
limited, or strictly controlled, proving that the instrument rating for 
VFR operations may be unnecessary to maintain safety. However, until 
further data is collected through operational use and experience of 
powered-lift, the FAA is maintaining the instrument rating or ATP 
requirement for powered-lift PICs operating under VFR, aligning the 
regulation with the requirements imposed for airplanes.
    GAMA, as part of its argument that powered-lift are add-on ratings 
to the existing categories of rotorcraft or airplane, suggested that 
Sec.  135.243 should be amended to allow for the instrument rating 
(when required under the above regulation) to be held in airplane or 
rotorcraft category (since there would be no powered-lift category in 
this case). Recency would be accomplished in the aircraft type. This

[[Page 92397]]

is based on ICAO developed guidance as stated in GAMA's comment.
    Due to the novelty of powered-lift, blended capabilities, their 
differing capabilities, use of advanced technology, and unique 
applications, the FAA has decided it is more prudent to develop 
powered-lift as their own independent category. It is not required that 
the FAA align all its regulations with ICAO recommendations regarding 
powered-lift. Having a separate category as airplane or rotorcraft 
would make holding a category specific instrument rating tailored 
closer to the powered-lift capabilities and type of operations. 
Therefore, the FAA adopts the provision as proposed.
6. Operating Experience (Sec.  135.244)
    Section 135.244 specifies that before serving as PIC in a commuter 
operation in part 135, a pilot must accomplish operating experience on 
the make and basic model aircraft to be flown. This section, through 
use of the term ``aircraft,'' applies to powered-lift. The hours of 
operating experience required are set forth in Sec.  135.244(a)(1) 
through (4) and are tailored to specific aircraft types: single-engine 
aircraft, multiengine reciprocating engine-powered aircraft, 
multiengine turbine-engine powered aircraft, and turbojet-powered 
airplanes. These categories, established in the 1980s, did not foresee 
the use of powered-lift in part 135. Further Sec.  135.244(b) 
prescribes the manner and timing through which the pilot must 
accomplish the operating experience and specifically requires the 
operating experience to be accomplished in the aircraft. Section 
135.244(b) had no proposed changes in the NPRM due to the reference to 
aircraft and would include powered-lift.
    To address this concern in Sec.  135.244(a)(1) through (4) which do 
not include specific hours of operating experience for powered-lift, 
the FAA proposed in Sec.  194.247(c) to require 20 hours of operating 
experience in make and basic model of powered-lift before serving as 
PIC in part 135. This 20-hour operating experience requirement 
parallels the requirement for multi-engine turbine airplanes, which 
share similar characteristics in terms of complexity. Additionally, 
Sec.  194.247(c) would except powered-lift from the legacy operating 
experience requirements under Sec.  135.244(a). By placing the powered-
lift requirement in the SFAR, the FAA would retain the flexibility to 
adjust the 20-hour operating experience requirement as new data and 
insights become available to align the operating experience 
requirements with powered-lift operations.
    Eve submitted comments regarding the amendment of Sec. Sec.  
135.244(b) and 194.247. Similarly, L3Harris provided comments on the 
same amendments. Eve and L3Harris did not challenge the number of hours 
prescribed under Sec.  194.247(c); however, they commented that 
scenario-based flight training or line-oriented flight training in an 
FSTD equivalent to a Level C or higher in category, class, and type, 
while under the direct observation of a qualified instructor, should 
replace 50 percent of the hours required in Sec.  194.247(c). They 
further contended that each hour of operating experience be replaced 
with ``one full operating cycle.'' As noted in section V.F. of this 
preamble, the FAA interprets the term ``operating cycle'' as it is 
defined in Sec.  121.431 as a complete flight segment consisting of a 
takeoff, climb, enroute portion, descent, and a landing.
    Section 135.244(a) arose from a series of accidents in commuter 
operations in which the PIC had little to no flight in the particular 
make and model of aircraft they were to fly in revenue operations.\374\ 
While line-oriented and scenario-based flight training are useful 
training experiences, time obtained in an FSTD may not adequately 
replicate the range of real-world operational scenarios that were the 
purpose of the original rule. The FAA emphasizes that, while FSTDs 
provide valuable training opportunities, they currently do not fully 
simulate the complexities of the NAS, including factors such as ATC 
communications, air traffic, ground operations, and other operational 
elements inherent in a part 135 commuter operation.
---------------------------------------------------------------------------

    \374\ 45 FR 7540 (Feb. 4, 1980).
---------------------------------------------------------------------------

    This recommended modification to allow operating experience to be 
accomplished in FSTD would be difficult to limit only to powered-lift 
as such allowance is not currently permitted in established categories 
of aircraft that part 135 pilot will have far more extensive experience 
flying in the NAS.\375\ Such a significant change for all categories of 
aircraft necessitates a thorough evaluation of potential safety 
implications across different operational contexts, which has yet to 
occur. This departure from ``real-world'' experience would be beyond 
the scope of the current rulemaking effort. The FAA recognizes the 
advancements in simulation technology and its growing role in pilot 
training. The FAA is actively evaluating the use of FSTDs in training 
to this degree, and it is conceivable that advancements in FSTD 
technology and demonstrated equivalency in safety outcomes may warrant 
a reevaluation of the current stance in the future. However, the 
rationale for FSTDs to provide a level of training equivalent to real-
world operations is a subject of ongoing assessment.
---------------------------------------------------------------------------

    \375\ As commenters have noted, they anticipate difficulties 
meeting even the minimum flight time requirements in powered-lift 
necessary for certificates and ratings whereas airplane and 
helicopter pilots will have built the majority of their flight time 
in airplanes and helicopters. It would be difficult to support 
relief from an in-flight requirement by allowing FSTD time for 
operating experience especially given the other increases FSTD use 
permitted in this final rule.
---------------------------------------------------------------------------

    In addition, the evaluation of new and emerging simulation 
technology, such as the use of virtual reality (VR) devices on 
qualified FSTDs, and the ability to realistically simulate scenarios/
situations is also currently being evaluated by the FAA. There are 
current pathways that would allow for operators to have that technology 
assessed under part 60 as discussed in section IV.C. of this preamble. 
At this time, the use of such immersive simulation technologies have 
not been fully evaluated for use on qualified FSTDs; nor are they 
currently utilized in training to this degree.
    The requirement for operating experience in actual aircraft 
operations is rooted in ensuring the highest level of safety and public 
confidence in commercial aviation. Thus, the FAA maintains the 
importance of actual in-flight experience in the basic make and model 
of aircraft to be flown. This experience encompasses many ``real-
world'' occurrences such as air traffic control, certain weather 
conditions, passengers, ground obstacles/hazards, or other factors that 
can play an important role in the development of a pilot's aeronautical 
decision-making skills and operational proficiency in the actual 
passenger-carrying part 135 commuter operations.
    To the extent that commenters recommended replacing each hour of 
flight with an ``operating cycle'' when there is already a provision to 
reduce the flight hours by fifty percent for each takeoff and landing, 
this allowance would potentially reduce hours even further than 
currently allowed by Sec.  135.244(b)(4). That section already permits 
the substitution of hours with takeoffs and landings. Replacing hours 
with operating cycles would further decrease hours and reduce the 
experience level of initial PICs in commuter operations to unacceptable 
levels.
    While the FAA appreciates the suggestions put forth by the 
commenters, the current regulatory approach requiring actual aircraft

[[Page 92398]]

operating experience as prescribed in Sec.  135.244(b) will be 
maintained. The FAA will continue to monitor advancements in FSTD 
technology and their potential application in pilot training programs. 
Any future changes to the regulatory requirements will be considered 
through a comprehensive rulemaking process, ensuring stakeholder 
engagement and adherence to safety priorities.
    Eve commented that Sec.  61.64 requires pilots who completed their 
practical test in a flight simulator without meeting certain experience 
requirements to complete 25 hours of supervised flight with a qualified 
pilot-in-command before their PIC restriction is lifted. Eve argued 
that in the cases in which a pilot is completing the supervised 
operating experience mandated by Sec.  61.64, the operating experience 
requirements of Sec. Sec.  135.244 and 194.247 may be considered 
satisfied.
    A pilot can concurrently comply with the requirements of supervised 
operating experience of Sec.  61.64 if the operating experience 
requirements and provisions of Sec. Sec.  135.244 and 194.247 are also 
complied with. The time requirements for the applicable regulations 
address differing objectives of the operating experience. Section 61.64 
addresses experience not received in the actual aircraft, whereas Sec.  
135.244 provides passenger-carrying experience to a new pilot who is 
learning about the operation. The requirements under Sec.  135.244(b) 
are more restrictive, as they require the observations to be conducted 
during part 135 commuter passenger-carrying operations. In the case of 
an aircraft not previously used by the certificate holder in part 135 
operations, operating experience acquired in the aircraft during 
proving flights or ferry flights may be used. As a result, part 61 SOE 
cannot replace the part 135 operating experience requirements--it would 
not, on its own, satisfy the requirements of Sec.  135.244(b). However, 
should the Sec.  61.64 requirements be satisfied during Sec.  
135.244(b) operating experience, completing them concurrently (as 
opposed to one in lieu of another) is possible. In this case, the pilot 
satisfying the requirements of Sec.  61.64 must meet all requirements 
to serve in a part 135 commuter operation.
    HAI contended twenty hours of PIC in each make/model of powered-
lift is impractical, and that training in the basic make/model of any 
other type of aircraft is considered sufficient without providing any 
additional safety argument.
    The FAA chose twenty hours in the aircraft to mirror multi-engine 
turbine engine-powered requirements. The FAA expects many powered-lift, 
due to their novel nature and complex systems, to be on par with the 
level of complexity as these multi-engine turbine engine jets. The 
powered-lift category presently includes aircraft as complex as the AW-
609, which is neither small nor simple in systems or operation. The 
rule must be inclusive of and appropriate to all powered-lift that may 
exist within the category. In time, if classes emerge in powered-lift 
that are significantly more or less complex, higher or lower minimums 
may be implemented. With regard to the comment that 20 hours of PIC in 
each make and model is impractical, HAI did not provide any explanation 
for its statement. To the extent that HAI suggests that time in any 
make and model of powered-lift should count for all makes and models of 
powered-lift, this allowance would be inconsistent with the 
requirements imposed on other categories of aircraft in Sec.  135.244. 
As HAI provided no safety justification for disparate requirements, the 
FAA is finalizing Sec.  194.247 as proposed.
7. Second in Command Qualifications (Sec.  135.245)
    In the NPRM, the FAA proposed revising Sec.  135.245, which sets 
the certification requirements for SICs operating aircraft, to 
specifically include reference to powered-lift where appropriate. The 
FAA notes that a majority of the section did not require amendment as 
the existing language in Sec.  135.245(a) and (d) already reference 
``aircraft,'' a term that includes powered-lift.\376\ However, the FAA 
proposed amendment to Sec.  135.245(c)(1) to add powered-lift, which 
will ensure the instrument currency requirements for airplane and 
helicopter SICs are likewise applicable to powered-lift. These proposed 
changes standardize the SIC instrument experience requirements across 
powered-lift, airplanes, and helicopters for SICs who serve in IFR 
operations.
---------------------------------------------------------------------------

    \376\ The FAA notes that Sec.  135.245(b) applies only to 
helicopters, and that provision is unchanged in this final rule.
---------------------------------------------------------------------------

    In its comments, GAMA proposed amending Sec.  135.245, recommending 
that the SIC instrument rating requirement for powered-lift be 
satisfied with either an airplane or helicopter instrument rating. This 
approach contemplates powered-lift as an add-on type rating to existing 
airplane or helicopter categories, per ICAO guidance, rather than a 
separate powered-lift category.
    Furthermore, GAMA recommended that powered-lift type ratings should 
carry a VFR-only operating limitation, unless the approved course of 
training is certified by the authority to include IFR operations and 
VFR On-top. Additionally, GAMA suggested modifications to Sec.  
135.245(c)(1), paragraphs (ii) and (iii), to align them with ICAO 
guidance. The totality of these comments reflect GAMA's recommendation 
for integrating powered-lift into the existing regulatory framework by 
applying ICAO guidance applicable to airplanes or helicopters.
    The FAA revised Sec.  135.245(c) to align the SIC instrument 
experience requirements uniformly across powered-lift, airplanes, and 
helicopters. This alignment ensures that the instrument experience 
requirements are consistent across the categories of aircraft, 
addressing the core of GAMA's recommendation for alignment. Further, 
having the SIC instrument experience requirements for powered-lift 
increases safety as explained in section V.J.5.ii. of this preamble.
    Regarding GAMA's proposal that the FAA align all its regulations 
with ICAO guidance regarding powered-lift, the FAA has decided on a 
different path. After thorough consideration, detailed in section 
V.J.7. of this preamble, the FAA has determined that the skill level 
and knowledge required for pilots of powered-lift necessitate a more 
conservative stance instead of applying ICAO recommendation to Sec.  
135.245.
    The FAA adopts the provision as proposed in the NPRM.
8. Pilot Qualifications: Recent Experience (Sec.  135.247)
    Section 135.247 specifies the recent takeoff and landing experience 
that a PIC must complete within the preceding 90 days to carry 
passengers in an aircraft. Under Sec.  135.247(a)(3), the PIC of a 
turbine-powered airplane type certificated for more than one pilot may 
complete an alternative to the night takeoff and landing requirements. 
To complete an alternate path, a PIC must serve as PIC of a turbine-
powered airplane that is type-certificated for more than one pilot 
crewmember and comply with the requirements listed in the regulation.
    Based on the active certification projects for powered-lift, the 
FAA expected that a majority of powered-lift will not be type-
certificated for more than one pilot crewmember. For the reasons stated 
in the NPRM, the FAA did not propose extending the alternative 
experience requirements in Sec.  135.247(a)(3) to powered-lift and, 
therefore, proposed no amendments to Sec.  135.247.\377\
---------------------------------------------------------------------------

    \377\ 88 FR 38946 at 39016 (June 14, 2023).

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

[[Page 92399]]

    The FAA did not receive any comments on excluding powered-lift from 
the alternate provisions set forth by Sec.  135.247(a)(3). Therefore, 
no regulatory changes are adopted in this final rule.
9. Initial and Recurrent Pilot Testing Requirements (Sec.  135.293)
    In the NPRM, the FAA proposed amendments to Sec.  135.293, which 
pertain to initial and recurrent pilot testing requirements, to 
incorporate powered-lift where appropriate. While Sec.  135.293 remains 
largely unchanged, modifications have been made to the following 
sections to accommodate powered-lift.
    Section 135.293(a)(9) specifies rotorcraft pilot testing 
requirements on recognizing and avoiding of hazardous visibility 
conditions like flat-light, whiteout, and brownout. The FAA proposed 
extending these requirements to powered-lift pilots, ensuring they are 
trained to recognize and avoid hazardous visibility conditions 
applicable to powered-lift.
    In Sec.  135.293(b), which specifies the requirement for pilots to 
complete a practical skills and techniques competency check in the 
aircraft every 12 months, the FAA proposed that powered-lift pilots 
also complete these checks for each type of powered-lift they operate. 
This proposal ensures that powered-lift pilots maintain the same level 
of competency and proficiency as required for other aircraft types.
    Section 135.293(c) mandates competency checks for rotorcraft 
include demonstrations of maneuvering solely by reference to 
instruments and transitioning into VMC following an inadvertent 
encounter with IMC. Section 135.293(c) also requires that for non-IFR-
certified rotorcraft, the pilot must perform maneuvers that are 
appropriate to the rotorcraft's installed equipment, the certificate 
holders' operations specifications, and the operating environment. 
Recognizing the critical importance of these skills, the FAA proposed 
applying these same evaluation and maneuver requirements to powered-
lift pilots to ensure they possess the necessary capabilities to handle 
similar conditions.
    Finally, regarding Sec.  135.293(h), the FAA proposed a permanent 
change to remove the compliance date memorialized in this paragraph and 
reserve it, as the compliance date has already passed.
    GAMA's comments recommend applying ICAO guidance to read the terms 
``helicopter'' or ``rotorcraft'' to apply to ``powered-lift.'' 
Specifically, GAMA proposes that Sec.  135.293(a)(9), (b), (c), and 
(h), as addressed above, should be applicable to powered-lift.
    In response to GAMA's comments to apply ICAO guidance, the FAA 
notes that the proposed language for Sec.  135.293(a)(9) already aligns 
with this perspective by requiring powered-lift pilots to undergo 
testing for hazardous weather condition recognition and avoidance. 
Regarding Sec.  135.293(b), the FAA adopts language similar to multi-
engine airplanes due to the complexity and unique nature of each 
powered-lift type, achieving similar outcomes to what helicopter-
specific language would have necessitated. For Sec.  135.293(c), the 
FAA's proposal incorporates the more restrictive helicopter requirement 
for powered-lift, in line with GAMA's suggestions. Finally, for Sec.  
135.293(h), the FAA's proposal included the application of these 
sections to powered-lift.
    The FAA adopts the amendments to Sec.  135.293 as proposed.
10. Pilot in Command: Instrument Proficiency Check Requirements (Sec.  
135.297)
i. Pilot in Command: Instrument Proficiency Check Requirements (Sec.  
135.297(a) and (b))
    Section 135.297 prescribes the instrument proficiency check (IPC) 
requirements for the PIC of a part 135 IFR operation. The requirements 
in Sec.  135.297(a) and (b) would apply to powered-lift PICs in part 
135 operations as written.
    The FAA did not receive any comments suggesting these provisions 
should not be applicable to powered-lift; therefore, no amendments are 
adopted in this final rule and Sec.  135.297(a) and (b) will apply to 
pilots in command of powered-lift.
ii. Pilot in Command: Instrument Proficiency Check (IPC) Requirements 
(Sec.  135.297(c))
    The FAA proposed amendments to Sec.  135.297(c) to include powered-
lift in the IPC requirements for PICs. The regulation defines 
instrument checking maneuvers for PICs flying an airplane under Sec.  
135.243(a) (turbojet of 10 or more seats or a multi-engine commuter) or 
PICs of airplanes and helicopters conducting IFR operations under Sec.  
135.243(c). In addition to not addressing powered-lift IPC maneuver 
requirements, this regulation contains a regulatory gap in that it does 
not include a standard for helicopter operations conducted under Sec.  
135.243(a). The FAA proposed to amend Sec.  135.297(c)(1)(i) to broadly 
refer to ``aircraft'' to ensure consistency in the instrument 
proficiency check requirements across categories of aircraft.
    GAMA, as part of its broader argument that powered-lift should be 
considered add-on ratings to the existing categories of rotorcraft or 
airplane, proposed that the instrument proficiency check requirements 
for powered-lift in Sec.  135.297(c)(1) match requirements with those 
of helicopters. GAMA's recommendation would have powered-lift adhere to 
the instrument proficiency check requirements of a helicopter, which 
prior to this final rule would have applied instrument procedures and 
maneuvers at the commercial pilot certificate level to all Sec.  
135.297 checks for powered-lift even those operations that require the 
PIC to hold an ATP certificate (i.e., Sec.  135.243(a)). The FAA 
maintains that every aircraft category should be evaluated on ATP 
instrument procedures and maneuvers when the operation requires the PIC 
to hold an ATP certificate. Limiting this evaluation requirement to 
airplanes while allowing helicopter and powered-lift operations to 
conduct checks at the commercial-instrument level would undercut the 
same rationale for holding the ATP certificate in the first place.
    Therefore, the FAA adopts Sec.  135.297(c).
iii. Pilot in Command: Instrument Proficiency Check Requirements (Sec.  
135.297(g))
    Section 135.297(g) specifies the checking requirements for PICs 
authorized to use an autopilot system in place of an SIC. The FAA 
proposed permanently amending paragraph (g)(3), which currently only 
references airplanes, to require that if the PIC is authorized to use 
an autopilot system in place of an SIC in any aircraft, the PIC must 
demonstrate proficiency in its use. This amendment will ensure all PICs 
are checked on autopilot systems to the same standard. Additionally, to 
provide sufficient time for existing rotorcraft operators to update 
their checking programs, if necessary, the FAA proposed a compliance 
date of six months after the effective date of the final rule for this 
paragraph.
    The FAA did not receive any comments on the alternate provision set 
forth by Sec.  135.297(g). The provision is adopted as proposed.
11. Initial and Transition Training and Checking: Flight Instructors 
(Aircraft), Flight Instructors (Simulator) (Sec.  135.340)
    The FAA did not propose any changes in the NPRM to Sec. Sec.  
135.339 and 135.340

[[Page 92400]]

and, therefore, did not receive any comments on these provisions but 
finds amendments necessary due to related changes in this final rule. 
Section 135.340, which prescribes initial and transition training for 
instructors in aircraft and simulators, as currently written, applies 
to powered-lift flight instructors. To ensure the ATP certificate 
privileges contained in Sec.  61.167(a) are not expanded as a result of 
the SFAR's airman certification training curriculum, the FAA proposed a 
temporary limitation to prohibit ATP certificate holders with powered-
lift ratings from instructing other pilots for the purpose of obtaining 
a commercial pilot certificate with a powered-lift category rating or 
an instrument-powered-lift rating.
    Regulatory language in Sec. Sec.  135.339 and 135.340 currently 
stipulates requirements that prevent flight instructors or check airmen 
from qualifying in aircraft without two pilot seats, which creates a 
conflict with the proposed SFAR single set of flight controls pathways. 
Specifically, Sec.  135.339(e)(3) requires training and practice in 
conducting flight checks from both the left and right pilot seats for 
normal, abnormal, and emergency procedures to ensure competence in 
conducting the required pilot flight checks. Similarly, Sec.  
135.339(e)(4) requires safety measures likely to develop during 
checking to be taken from either pilot seat for emergency situations. 
Section 135.340 contains similar requirements necessitating dual 
controls in paragraphs (e)(3) and (e)(4) for flight instruction.
    In the case of single-pilot-seat powered-lift, the requirements 
under Sec. Sec.  135.339 and 135.340 are not applicable due to there 
being no distinction between left and right pilot seats. Consequently, 
the FAA introduced regulatory flexibility within these sections to 
accommodate training in single-seat powered-lift. The amendments allow 
the collection of relevant data and other pertinent information during 
the SFAR period, which may inform future updates to the regulations as 
needed.
    Therefore, the FAA is revising Sec. Sec.  135.339 and 135.340 to 
reflect training required from both the pilot seat and the observer 
seat (when applicable) to ensure instructors and check pilots are 
properly trained on techniques and procedures to observe all required 
maneuvers when using the single controls pathway.
12. Pilots: Initial, Transition, and Upgrade Ground Training (Sec.  
135.345)
    Section 135.345 establishes the requirements for initial, 
transition, and upgrade ground training for pilots and includes the 
requirements for what training must be completed. Powered-lift will be 
included under the proposed expanded scope of Sec.  135.227(b) (as 
discussed in section VI.D.4. of this preamble), which will require 
training under Sec.  135.354(b)(6)(iv) in certain icing-related 
requirements. Currently, Sec.  135.354(b)(6)(iv), is limited to 
airplane operators seeking authorization to take off during ground 
icing conditions. To address this issue, the FAA proposed extending 
Sec.  135.345(b)(6)(iv) to include powered-lift through Sec.  
194.247(d), which will require the icing-related training when 
applicable.
    The FAA did not receive any comments objecting to or suggesting 
modifications to Sec.  194.247(d). Therefore, the FAA adopts the 
provision as proposed.

K. Part 142 Training Centers

    To accommodate powered-lift in part 142 training centers, and 
harmonize requirements for airplanes, powered-lift, and rotorcraft, the 
FAA proposed to amend certain part 142 requirements. Specifically, the 
FAA proposed to amend Sec. Sec.  142.11(d)(2)(iii), 142.47(c)(2), 
142.53(b)(2) and (b)(3), and 142.57(c) to permit the use of FSTDs for 
powered-lift training, testing, and checking. These amendments will 
also harmonize the eligibility and testing requirements for instructors 
providing inflight training in powered-lift and training in an FSTD for 
all aircraft categories.
1. Subpart A--General Requirements (Sec.  142.11(d)(2)(iii))
    Subpart A of part 142 prescribes the requirements governing the 
certification and operation of training centers and provides an 
alternative means to accomplish the training required by part 61, 63, 
65, 91, 121, 125, 135, or 137. Section 142.11 sets forth the 
application requirements for issuance of a new or amended training 
center certificate and training specifications. Because the FAA expects 
training centers to use powered-lift FSTDs for training, testing, and 
checking, the FAA proposed an amendment to Sec.  142.11(d)(2)(iii) to 
remove the terms ``airplane'' and ``rotorcraft'' and use the term 
``aircraft'' to include powered-lift. With this amendment, training 
centers will be able to apply for training specifications and receive 
authorization for the use of FAA qualified powered-lift FSTDs, in 
addition to existing airplane and rotorcraft requirements. The FAA did 
not receive comments on this amendment and adopts the amendment, as 
proposed.
2. Subpart C--Personnel and Flight Training Equipment Requirements 
(Sec. Sec.  142.47(c)(2) and 142.53(b)(2) and (b)(3))
    Subpart C prescribes the personnel and flight training equipment 
requirements for a certificate holder that is providing training to 
meet the requirements of part 61. First, Sec.  142.47 prescribes the 
eligibility requirements for instructors in an approved flight training 
course and, as relevant to this rulemaking, requires each instructor to 
satisfactorily complete a written test accepted by the Administrator as 
being of equivalent difficulty, complexity, and scope as the tests 
provided by the Administrator for the flight instructor airplane and 
instrument flight instructor knowledge tests. The FAA proposed to amend 
Sec.  142.47(c)(2)(ii) to apply to the successful completion of the 
written test for the specific category of aircraft in which the 
instructor will instruct. The FAA did not receive comments on this 
amendment and adopts the amendment as proposed. Section V.G.3. of this 
preamble discusses additional amendments adopted within Sec.  142.47.
    Next, Sec.  142.53 prescribes further training center instructor 
training and testing requirements. Among other requirements, each 
instructor who instructs in a flight simulator for an ATP certificate 
test, type rating test (or both) must meet one of three requirements 
set forth in Sec.  142.53(b)(1) through (3). Two of these options 
include participation in an approved line-observation program under 
part 121 or part 135, with certain parameters,\378\ or participation in 
an approved in-flight observation training course, with certain 
parameters.\379\ However, each of these options are airplane 
specific,\380\ leaving an instructor in another category of aircraft 
only the first compliance option in Sec.  142.53(b)(1) (i.e., in flight 
operations).
---------------------------------------------------------------------------

    \378\ Sec.  142.53(b)(2).
    \379\ Sec.  142.53(b)(3).
    \380\ Sec. Sec.  142.53(b)(2)(i) and (b)(3)(i).
---------------------------------------------------------------------------

    The FAA found, and maintains, a line-observation program as 
described in Sec.  142.53(b)(2), or an inflight observation program as 
specified in Sec.  142.53(b)(3), provide equivalent training and 
experience for FFS instructing in a rotorcraft or powered-lift as these 
options do in airplanes. Additionally, expanding the options to 
rotorcraft and powered-lift provides flexibility to select the best 
option for the instructor and training center.

[[Page 92401]]

Therefore, the FAA proposed to amend paragraphs (b)(2) and (b)(3) to 
change the word ``airplane'' to ``aircraft'' to encompass all aircraft 
categories. The FAA did not receive comments on these option expansions 
and adopts the amendment as proposed.
    Finally, Sec.  142.57 prescribes the requirements for training 
center certificate holders and applicants that use aircraft for flight 
instruction. Specifically, Sec.  142.57(b), as currently written, 
requires aircraft used for flight instruction to be at least a two-
place aircraft with engine power controls and flight controls easily 
reached from both pilot stations. However, Sec.  142.57(c) provides an 
exception to this requirement and allows a part 142 training center to 
use an airplane for flight instruction with certain controls \381\ that 
are not easily reached and operated in a conventional manner by both 
pilots if the certificate holder has determined the instruction can be 
given in a safe manner considering the location of controls and their 
operation. Because the FAA's original intention in implementing this 
regulation was to apply the exception to all aircraft, rather than only 
airplanes, the FAA proposed revising the exception in Sec.  142.57(c) 
to apply to all aircraft. The FAA did not receive comments on the 
expanded flexibility and adopts the amendment as proposed. This 
preamble further discusses Sec.  142.57 in the context of dual controls 
in section V.K.2.
---------------------------------------------------------------------------

    \381\ Section 142.57(c) specifically delineates controls such as 
nose-wheel steering, switches, fuel selectors, and engine air flow 
controls.
---------------------------------------------------------------------------

Adding Inceptors to the List of Controls in Sec.  142.57(c)
    While the FAA did not receive comments on the proposed amendment to 
Sec.  142.57(c) adopted herein, Eve recommended that inceptors be added 
to the types of controls referred to in Sec.  142.57(c) as excepted 
from Sec.  142.57(b). In other words, Eve's proposed amendment would 
permit and expand the exception to controls that are required to be 
easily reached and operated in a conventional manner by both pilots 
during flight instruction. Eve did not provide supporting arguments for 
the exclusion of inceptors as compared to other controls; however, the 
FAA maintains that these controls in particular are critical to 
maintaining safety in in-flight instruction and, therefore, declines to 
expand the exception to inceptors.
    Section 142.57(c) identifies several controls excepted from meeting 
the standard in Sec.  142.57(b) in recognition that certain uniquely 
configured aircraft could be safely operated in the context of flight 
instruction: nose-wheel steering, switches, fuel selectors, and engine 
air flow controls. In a broad context, inceptors are flight-critical 
controls on fly-by-wire aircraft used to adjust the flight path of an 
aircraft that are not excepted from the requirements of Sec.  
142.57(b). As previously defined in footnote 35 of this preamble, the 
term ``inceptor'' refers to a wide variety of non-traditional pilot 
controls through which pilot inputs are managed for the purpose of 
operating the powered-lift.
    Due to the breadth of piloting tasks and systems that inceptors 
govern, systems that are critical must be accessible by both pilots 
during flight training. Given these considerations, as well as the wide 
variety of powered-lift designs and control features expected, the FAA 
does not find it appropriate to extend relief in Sec.  142.57(c) to 
inceptors at this time. The FAA considered the challenges imposed by 
some new-entry powered-lift which may have only one set of controls 
(e.g., inceptors) or one pilot station, which is discussed in section 
V.D. of this preamble.
3. Temporary Alternate Means To Satisfy Minimum Curriculum Content in 
Training Courses Under Part 142 (Sec.  194.251)
    Finally, the FAA proposed to relieve an applicant from the 
requirement to receive flight training on a task (or perform the task 
on a practical test) in accordance with an examiner's waiver authority 
because the powered-lift is incapable of performing the task. In turn, 
the FAA proposed that a training course for which approval is requested 
is not required to include training on a task specified in an area of 
operation if the powered-lift is not capable of performing the task, 
provided the FAA has issued waiver authority for that task in 
accordance with Sec.  194.207(b). The FAA proposed this relief in Sec.  
194.251 and did not receive any comments on this provision. As 
discussed in section V.H.1. of this preamble, the FAA adopted the 
described training and testing relief as proposed; therefore, this 
final rule adopts Sec.  194.251 as proposed.

L. Subpart K of Part 91 Pilot Qualifications

    Subpart K of part 91 allows for fractional owners and their 
respective management company to share operational control of an 
aircraft. This subpart details certain operational considerations 
pertaining to fractional ownership programs to include safety standards 
for pilot training and qualifications. In the NPRM, the FAA discussed 
how the current regulatory framework as well as proposed amendments 
would be applicable to fractional ownership programs using powered-
lift.
    Section 91.1053 prescribes the FAA certification and ratings 
required to serve as a pilot in aircraft under a fractional ownership 
program and is applicable to powered-lift as written. Section 
91.1053(a)(2)(i) requires the PIC of a powered-lift to hold an ATP 
certificate and applicable type ratings to conduct operations under 
subpart K of part 91. The FAA proposed a permanent amendment to Sec.  
91.1053(a)(2)(i) to clarify that the type rating required to operate 
under subpart K of part 91 cannot be limited to VFR-only operations.
    The FAA received one comment in response to this proposal from Eve 
who proposed that the FAA apply the same requirements of pilot 
qualifications as already specified in Sec.  135.243(b) \382\ to 
fractional operators under subpart K of part 91. Eve suggested their 
proposal will allow future operators to foster the market from a less 
complex start, which the FAA interprets to mean an entrance into the 
market that is on par with similarly situated airplane operators, as 
well as address the current shortage of professional pilots available 
in the U.S. market. Eve also proposed revising the pilot qualification 
minima in Sec.  135.243(b) to allow an airplane or helicopter 
instrument rating in place of a powered-lift instrument rating. Eve 
suggested this revised version of Sec.  135.243(b) could also be 
incorporated into Sec.  91.1053 to apply to subpart K of part 91 
operators. The FAA determined that there is a significant safety 
advantage to being instrument rated in the category of aircraft flown 
and that instrument experience in other categories does not 
automatically provide the knowledge or skills to safely pilot the 
aircraft in an inadvertent instrument conditions encounter.\383\ The 
FAA, accordingly, adopts Sec.  91.1053 as proposed.
---------------------------------------------------------------------------

    \382\ Section 135.243(b) outlines who may serve as PIC of an 
aircraft under VFR, and it includes a person who (1) holds at least 
a commercial pilot certificate with certain ratings, (2) has had at 
least 500 hours time as a pilot, including cross-country flight time 
and at night, (3) for an airplane, holds an instrument rating or an 
ATP certificate with an airplane category rating, or (4) for 
helicopter operations conducted VFR over-the-top, holds a helicopter 
instrument rating or an ATP certificate with a category and class 
rating for that aircraft, not limited to VFR.
    \383\ As discussed, Sec.  135.243(b) contains the PIC 
qualification requirements for aircraft operated under VFR.
---------------------------------------------------------------------------

    Section 91.1055 prescribes pilot operating limitations and pairing 
requirements for fixed-wing program

[[Page 92402]]

aircraft. The regulation requires the PIC to execute takeoffs and 
landings under certain operational conditions when the SIC has less 
than 100 hours of flight time as SIC in the aircraft make and model and 
type, if a type rating is required, and the PIC is not an appropriately 
qualified check pilot. The FAA proposed that this rule apply to 
powered-lift in Sec.  194.245. The FAA received no comments and 
therefore adopts Sec.  194.245 as proposed.
    Section 91.1065 prescribes the initial and recurrent pilot testing 
requirements. Section 91.1065(b) specifies ``multiengine aircraft;'' 
therefore, the parts of this section that reference aircraft are 
applicable to powered-lift. As described in the NPRM, all powered-lift 
coming to market are multiengine aircraft, and the FAA does not 
anticipate civil single-engine powered-lift to be developed during the 
term of this SFAR. The FAA did not receive any comments related to 
Sec.  91.1065. As such, in accordance with existing Sec.  91.1065(b), 
PICs and SICs of powered-lift fractional ownership program operations 
must complete a competency check in each type of powered-lift in which 
the pilot will serve every 12 calendar months.

VI. Operational Rules for Powered-Lift

A. Introduction

    As noted in the Executive Summary, the FAA received comments 
requesting that the FAA apply a more performance-based approach to the 
SFAR operational rules rather than largely apply the airplane 
provisions to powered-lift operations. As discussed in this section, 
the FAA determined that applying performance-based criteria to allow 
some powered-lift to use the rotorcraft/helicopter provisions for some 
of the operational rules is appropriate. As a result, and as discussed 
below in more detail, the FAA has created operational flexibility by 
establishing some performance-based standards for powered-lift 
operations.
    The FAA notes there were four different regulatory tables in the 
proposed SFAR. The FAA addressed the parts 91 and 135 airplane 
provisions in the tables to Sec. Sec.  194.302 and 194.307. It 
addressed the parts 91 and 135 helicopter and rotorcraft provisions in 
the tables to Sec. Sec.  194.303 and 194.308. For the final rule, the 
FAA has combined the part 91 airplane and rotorcraft tables, now found 
at Sec.  194.302, and the part 135 airplane and rotorcraft tables, now 
found at Sec.  194.306.
    Finally, the FAA notes that it made a technical amendment to Sec.  
194.301 to provide further clarity. There are some existing regulatory 
sections that reference a specific category of aircraft such as 
airplanes or rotorcraft. If any of those references are not clarified 
in the SFAR regulatory text, then the FAA intended for them not to 
apply to powered-lift. Consequently, the FAA amended Sec.  194.301 to 
state, ``In addition, any sections or paragraphs within sections under 
parts 91 and 135 that refer to specific categories of aircraft and that 
are not referenced in the SFAR tables to Sec.  194.302 or Sec.  
194.306, do not apply to powered-lift.''

B. Part 91 Rules for Powered-Lift

    Section 91.9(a) and (b) specify the requirements for complying with 
the operating limitations in an approved Airplane or Rotorcraft Flight 
Manual, and requirements for maintaining the Airplane or Rotorcraft 
Flight Manual in the aircraft, as appropriate to the aircraft. The FAA 
proposed in Sec.  194.302(a) to apply the requirement to comply with 
the operating limitations of the aircraft's approved flight manual to 
powered-lift and to maintain the flight manual in the powered-lift. The 
FAA also proposed a permanent amendment to Sec.  91.1(d) to change the 
term ``airplane'' to ``aircraft'' because these provisions apply to all 
aircraft. The FAA did not receive any comments related to these 
proposals and is therefore adopting Sec.  194.302(a) and the amendment 
to Sec.  91.1(d) as final.
    The FAA received a general comment about the proposed rules for 
powered-lift and part 91.
    AOPA argued the proposed SFAR did not sufficiently address 
requirements for private powered-lift operations to be conducted under 
part 91. AOPA indicated they expect an increase in private operations 
within a few years and requested clarification on private operating 
requirements.
    The FAA disagrees with AOPA that the SFAR does not address 
requirements for ``private'' operations. The FAA asserts that 
operations that are not commercial operations are regulated by part 91. 
During this rulemaking, the FAA evaluated the part 91 regulations to 
determine how they apply to powered-lift. As discussed in the NPRM, the 
part 91 rules pertaining to ``aircraft'' already apply to powered-
lift.\384\ The FAA then evaluated every part 91 rule pertaining to 
``airplanes,'' ``helicopters,'' and ``rotorcraft'' and determined if 
and how each of those would apply to powered-lift. Those regulations 
are outlined in the SFAR under Sec.  194.302. As a result, the 
regulations outlined in Sec.  194.302 address non-commercial operations 
(what the commenter is referring to as ``private'' operations).
---------------------------------------------------------------------------

    \384\ See 88 FR 38946 at 39024-39025 (June 14, 2023).
---------------------------------------------------------------------------

1. Flight Rules
    Section 91.103 requires a PIC to be familiar with all available 
information concerning that flight. Section 91.103(b)(1) states that 
this information must include takeoff and landing distance data as 
specified in an approved Airplane or Rotorcraft Flight Manual. The FAA 
proposed in Sec.  194.302(b) that powered-lift with an AFM approved 
through the aircraft certification process in part 21 comply with the 
provisions in Sec.  91.103(b)(1). The FAA did not receive any comments 
related to this proposal and is therefore adopting Sec.  194.302(b) as 
final.
    Section 91.107 prescribes rules related to the use of safety belts, 
shoulder harnesses, and child restraint systems. Specifically, Sec.  
91.107(a)(3)(i) through (iii) requires that each person onboard an 
aircraft operated under part 91 occupy an approved seat or berth with a 
separate safety belt and, if installed, shoulder harness properly 
secured about the person during movement on the surface, takeoff, and 
landing. The FAA proposed in Sec.  194.302(c) to apply Sec.  
91.107(a)(3)(i) through (iii) to powered-lift. For seaplane and float-
equipped rotorcraft operations during movement on the surface, Sec.  
91.107(a)(3) excepts the person pushing off the seaplane or rotorcraft 
from a dock and the person mooring the seaplane or rotorcraft at a dock 
from the preceding seating and safety belt requirements. The FAA 
proposed in Sec.  194.302(c) to apply the same exception to powered-
lift when the powered-lift is operating like a seaplane or float-
equipped rotorcraft. The FAA did not receive any comments related to 
Sec.  194.302(c) and is therefore adopting Sec.  194.302(c) as final.
    Section 91.113 prescribes the rules for converging aircraft based 
on category and type of operation (e.g., towing). Under Sec.  
91.113(d), when aircraft of the same category are converging at 
approximately the same altitude (except head-on, or nearly so), the 
aircraft to the other's right has the right-of-way. When the aircraft 
are of different categories, Sec.  91.113(d)(1) through (3) establishes 
a hierarchy giving priority to balloons, then gliders, followed by 
airships, and then to airplanes and rotorcraft. An aircraft that is 
towing or refueling other aircraft has right-of-way over all other 
engine-driven aircraft. The FAA emphasized aircraft maneuverability 
when establishing the right-of-way hierarchy for converging aircraft in

[[Page 92403]]

Sec.  91.113(d)(1) through (3). The preamble for the original right-of-
way rule states ``an aircraft will give way to another of a different 
class which is less maneuverable and is unable to take as effective 
action to avoid collision.'' The FAA proposed in Sec.  194.302(d) that 
powered-lift comply with the airplane provisions in this paragraph and 
yield right-of-way as prescribed in this section.
    The FAA received three comments related to Sec.  91.113 and the 
proposed Sec.  194.302(d). ALPA expressed support for including 
powered-lift in the same right-of-way category as airplanes and 
rotorcraft. An anonymous commenter stated they believe it is important 
that all pilots have the same understanding of which aircraft have the 
right-of-way, and therefore recommended the FAA make a permanent change 
to Sec.  91.113(d)(2) and (3) instead of publishing this change in the 
SFAR. An individual commenter asked the FAA to elaborate on why 
powered-lift is proposed to be grouped with these other aircraft types 
and how this categorization ensures safe and efficient traffic flow.
    Right-of-way rules maintain the privilege of less maneuverable 
aircraft to safely proceed with priority over more maneuverable 
aircraft in the NAS. The proposed Sec.  91.113(d)(2) continues to give 
gliders right-of-way over powered aircraft such as airplanes, powered-
lift, and rotorcraft. Additionally, the proposed Sec.  91.113(d)(3) 
continues to give airships right-of-way over all other powered 
aircraft, except for those aircraft that are towing or refueling 
another aircraft. Balloons will continue to have the right-of-way over 
any other aircraft category.
    The FAA agrees with the commenter that Sec.  91.113 should outline 
the powered-lift right-of-way rule instead of the SFAR so that all 
pilots understand how powered-lift should be treated in the NAS under 
the right-of-way rules. The FAA recognizes that a separate rulemaking, 
the Modernization of Special Airworthiness Certification NPRM 
(``MOSAIC''),\385\ has proposed language under Sec.  91.113 that would 
apply to ``powered aircraft.'' The FAA is promulgating this powered-
lift final rule before the MOSAIC final rule. As a result, any changes 
included in the final MOSAIC regulatory text for Sec.  91.113 will 
supersede the powered-lift Sec.  91.113 language once MOSAIC is 
finalized and effective. Nevertheless, the language in this rule allows 
powered-lift to operate under the Sec.  91.113 right-of-way rules.
---------------------------------------------------------------------------

    \385\ See 88 FR 47650 at 47704 (July 24, 2023).
---------------------------------------------------------------------------

    Therefore, the FAA adopts the proposal under Sec.  194.302(d) as a 
permanent amendment. The FAA recognizes the importance of all pilots 
understanding the right-of-way rules set forth in Sec.  91.113. 
Consequently, instead of placing the final language within the SFAR, it 
is now a permanent change within Sec.  91.113. Under Sec.  
91.113(d)(2), a glider has the right-of-way over an airship, powered 
parachute, weight-shift-control aircraft, airplane, powered-lift, or 
rotorcraft. Under Sec.  91.113(d)(3), an airship has the right-of-way 
over a powered parachute, weight-shift-control aircraft, airplane, 
powered-lift, or rotorcraft.
    Section 91.119 prescribes the minimum safe altitude (MSA) for 
aircraft operations. This section establishes less restrictive minima 
for helicopters, which in certain circumstances as described in Sec.  
91.119(d), are allowed to operate below the minimum altitudes 
prescribed for airplanes in Sec.  91.119 (b) and (c). The justification 
for allowing helicopters to operate below minimum altitudes was based 
on helicopter performance capability. Accordingly, the FAA did not 
propose to apply the helicopter minimum altitude requirements of Sec.  
91.119 to powered-lift. The rationale for this was based on the 
understanding that powered-lift will likely operate like airplanes in 
cruise flight, requiring more time and distance to correct their 
flightpath to avoid other aircraft and obstacles. The FAA proposed 
powered-lift operators comply with the minimum altitude requirements 
prescribed Sec.  91.119 (b) and (c).
    The FAA received eight comments related to Sec.  91.119 and minimum 
safe altitudes. ALPA supported the proposed exclusion of powered-lift 
from Sec.  91.119(d).
    Eve recommended that powered-lift, based on anticipated operational 
performance such as speed and maneuverability, utilize the same MSA 
requirements as those applied to helicopters.
    In a group comment, Archer, CAE, GAMA, Joby, AWPC, Lilium and NBAA 
suggested that the FAA consider the operational capabilities of 
powered-lift (e.g., vertical capabilities) when applying the minimum 
safe altitude requirements.
    The FAA has reevaluated its proposal and has determined that 
certain powered-lift, similar to helicopters, have operating 
characteristics that enable them to land in a relatively small space, 
such as their ability to autorotate (or perform an equivalent maneuver) 
with precision during power-out emergencies. Therefore, the FAA agrees 
with the group commenters that those powered-lift that have 
demonstrated the capability to autorotate or conduct an approved 
equivalent maneuver should also be allowed the same minimum safe 
altitudes as those afforded to helicopters in Sec.  91.119(d). The FAA 
has determined there would be no adverse effect on safety to allow 
certain powered-lift to utilize helicopter minimum safe altitudes. As 
such, the FAA adopts a performance-based rule allowing powered-lift 
operating in the vertical-lift flight mode to use an altitude lower 
than that specified for airplanes in certain circumstances. This rule 
is being adopted as Sec.  194.302(d). Importantly, the FAA notes that 
some helicopter routes may be lower than the minimum altitude published 
in the AFM for a given powered-lift configuration (e.g., an altitude 
which enables a transition from wing-borne flight to vertical-lift 
flight mode at an altitude sufficient to conduct a safe autorotation, 
or an approved equivalent maneuver, to a landing). Regardless of any 
clearance or helicopter route prescribed altitude, no powered-lift may 
operate lower than any AFM limitation (or any other limitation, e.g., 
MEL, etc.). The FAA reiterates that a clearance by air traffic does not 
grant exemption from any other rule. Section 91.9 requires compliance 
with all AFM-prescribed operating limitations, subject to limited 
exception provided in Sec.  91.9(d).
    Section 91.126(b) describes directions of turns when approaching to 
land at an airport without an operating control tower in Class G 
airspace. The FAA proposed in Sec.  194.302(e) to apply the airplane 
provisions detailed in Sec.  91.126(b)(1) when the operator of the 
powered-lift intends to land in wing-borne flight mode, similar to 
airplanes. The FAA proposed in Sec.  194.303(b)(1) to apply the 
helicopter provisions detailed in Sec.  91.126(b)(2) to powered-lift 
when the powered-lift intends to land in vertical-lift flight mode. The 
FAA did not receive any comments related to the proposed Sec.  
194.302(e) or Sec.  194.303(b)(1). The FAA is adopting both proposed 
changes as final in Sec.  194.302(e) and Sec.  194.302(f).
    Section 91.126(c) outlines the final flap settings required for 
turbojet-powered airplanes as outlined in the Airplane Flight Manual. 
Specifically, Sec.  91.126(c) requires the PIC of a civil turbojet-
powered aircraft to use, as a final flap setting, the minimum 
certificated landing flap setting set forth in the approved performance 
information in the Airplane Flight Manual for the applicable 
conditions. The FAA is not aware of any turbojet-

[[Page 92404]]

powered powered-lift currently in the certification process, nor are 
any anticipated during the term of this SFAR. To ensure that powered-
lift can land safely at airports in Class G airspace, the FAA did not 
propose to apply this paragraph to powered-lift. The FAA received no 
comments on this and, as proposed, will not apply Sec.  91.126(c) to 
powered-lift.
    Section 91.129 provides various requirements for operations in 
Class D airspace, which will each be discussed, in turn. Comments and 
FAA responses related to this rule have been consolidated at the 
conclusion of this section.
    The provisions of Sec. Sec.  91.129(a) through (d), (g)(1), and (i) 
refer to aircraft, and accordingly are already applicable to powered-
lift. However, Sec.  91.129(e)(1) and (e)(2) require minimum altitudes 
when operating at an airport in Class D airspace in large or turbine-
powered airplanes. To remain consistent with this established agency 
policy for aircraft operations that are likely to result in similar 
noise due to size and powerplant, the FAA proposed in Sec.  194.302(f) 
that large or turbine-powered powered-lift comply with Sec.  
91.129(e)(1) and (e)(2). The FAA anticipates that, for large and 
turbine-powered powered-lift, compliance with these requirements will 
be necessary for adequate noise abatement within Class D airspace.
    Section 91.129(g)(2) requires that, unless otherwise required by 
the prescribed departure procedure for that airport or the applicable 
distance from clouds criteria, each pilot of a turbine-powered airplane 
and each pilot of a large airplane must climb to an altitude of 1,500 
feet above the surface as rapidly as practicable. The FAA proposed in 
Sec.  194.302(f) that large or turbine-powered powered-lift also need 
to comply with this requirement to ensure that powered-lift will be 
operated at an equivalent level of safety to existing large or turbine-
powered airplanes.
    Section 91.129(h) states that, where a formal runway use program 
has been established by the FAA, each pilot of a large or turbine-
powered airplane assigned a noise abatement runway by ATC must use that 
runway. However, consistent with the final authority of the PIC 
concerning the safe operation of the aircraft as prescribed in Sec.  
91.3(a), ATC may assign a different runway if requested by the pilot in 
the interest of safety. This requirement is consistent with previously 
established FAA policy regarding noise abatement and operational 
safety, and the FAA considers this requirement to be appropriate for 
powered-lift operations to ensure adequate noise abatement. The FAA 
proposed in Sec.  194.302(f) that large or turbine-powered powered-lift 
comply with Sec.  91.129(h).
    Airbus Helicopters provided a comment related to Sec.  
91.129(e)(1), (e)(2), (g)(2), and (h). In this comment, Airbus 
Helicopters stated that powered-lift design will have a significantly 
reduced noise footprint compared to large airplanes, and therefore, the 
FAA should consider lower altitude minima in Class D airspace. Airbus 
Helicopters proposed the following regulatory amendment: ``Section 
91.129(e)(1) and (2), (g)(2), and (h) or such airworthiness criteria as 
the FAA may find provide an equivalent level of safety in accordance 
with Sec.  21.17(b) of this chapter.''
    The FAA finds that there is insufficient data to support Airbus 
Helicopters' claim that powered-lift designs will have a significantly 
reduced noise footprint compared to large airplanes. Furthermore, the 
FAA notes that operators may seek relief from this rule by applying for 
a waiver in accordance with Sec.  91.903. The FAA is adopting the 
requirements for applying Sec.  91.129(e)(1) and (2), (g)(2) and (h) to 
powered-lift, as proposed, in Sec.  194.302(g).
    Section 91.129(e)(3) states a pilot operating an airplane 
approaching to land on a runway served by a visual approach slope 
indicator (VASI) must operate that airplane at an altitude at or above 
the glide path until a lower altitude is necessary for a safe landing. 
The requirement for all airplanes to remain at or above the glide path 
provides an additional measure of safety such as obstacle clearance to 
airplanes during their approach. The FAA proposed in Sec.  194.302(g) 
that powered-lift intending to land in wing-borne flight mode must 
comply with this provision of paragraph (e)(3) to ensure adequate 
obstacle clearance is maintained during the approach. Compliance with 
this provision would not be required for those powered-lift intending 
to land in vertical flight mode as they will be flying slower than when 
in forward flight (wing-borne flight mode) similar to a helicopter. The 
FAA received no comments on the proposed Sec.  194.302(g) and 
therefore, as a result of renumbering, adopts this provision in Sec.  
194.302(h) as final.
    Section 91.129(f) imposes requirements for approaches in Class D 
airspace, except when conducting circling approaches under part 97 for 
airplanes and helicopters. The FAA anticipates that powered-lift will 
often transition from forward flight (wing-borne flight mode) to 
vertical flight (vertical-lift flight mode) upon entering the traffic 
pattern in order to land like a helicopter. The FAA proposed in Sec.  
194.302(h) that powered-lift must comply with Sec.  91.129(f)(1) when 
the operator intends to land the powered-lift in wing-borne flight 
mode. When the operator of the powered-lift intends to land in 
vertical-lift flight mode, however, the operator must comply with the 
helicopter provisions detailed in Sec.  91.129(f)(2), as proposed in 
Sec.  194.303(b). This application of the rule gives flexibility to the 
novel capabilities of powered-lift while maintaining operational safety 
by using the standard traffic pattern flow at airports. The 
requirements of Sec. Sec.  91.129(f)(1) and (2) do not apply to 
powered-lift conducting a circling approach under part 97 because a 
circling approach may have specific procedures established or turns may 
be requested by ATC to ensure safety in the traffic pattern. The FAA 
did not receive any comments and therefore, as a result of renumbering, 
adopts these requirements in Sec. Sec.  194.302(i) and 194.302(j) as 
final.
    Section 91.131 contains rules governing operations in Class B 
airspace. Paragraph (a)(2) of this section requires that each person 
operating a large turbine-engine powered airplane to or from a primary 
airport for which Class B airspace area is designated must operate at 
or above the designated floor of the Class B airspace while within the 
lateral limits of that area. The FAA proposed in Sec.  194.302(i) that 
Sec.  91.131(a)(2) should apply to large powered-lift regardless of 
powerplant type. The FAA received no comments on Sec.  194.302(i) and 
therefore, as a result of renumbering, adopts this proposal in Sec.  
194.302(k) as final.
    Section 91.151 requires airplanes to carry a 30-minute fuel reserve 
for daytime operations and a 45-minute fuel reserve for nighttime 
operations. In contrast, rotorcraft only require a 20-minute fuel 
reserve regardless of whether the operation occurs during the day or 
night. For powered-lift, the FAA proposed in Sec.  194.302(j) that 
powered-lift must comply with the airplane reserve requirements in 
Sec.  91.151(a) due to the lack of powered-lift operational data to 
support use of the less restrictive rotorcraft fuel reserve.
    The FAA received 21 comments related to the proposed Sec.  
194.302(j). Two commenters supported the proposed fuel reserve 
requirements, while 19 proposed an alternative to the FAA's original 
proposal.
    ALPA said these requirements would enable normalized integration of 
aircraft with novel power sources and are necessary to achieve 
equivalent levels of safety to current aircraft operational

[[Page 92405]]

requirements, even if they result in limiting flight times for some 
powered-lift. Electra.aero posited that electric energy storage 
technologies still have significant uncertainties that warrant a more 
conservative approach until sufficient operational experience is 
achieved. Other commenters suggested the proposed fuel requirements 
could be detrimental to enabling powered-lift operations. Bristow 
argued that the proposed requirements would limit the scope of missions 
that powered-lift can accomplish, which would negatively impact the 
economic benefits and travel efficiencies that these vehicles would 
otherwise provide. Bristow, Airbus Helicopters, and Joby all contended 
that electric powered-lift may be unable to meet the energy reserve 
requirements necessary to operate. BETA said that, for short-duration 
flights, the proposed requirements could mean requiring more than 
double (for VFR) or triple (for IFR) the required energy, which it said 
is a heavy burden compared to the impact of the same reserve on 
traditional aircraft. AgustaWestland Philadelphia Corporation (AWPC) 
stated that the proposed requirements would reduce their vehicle's 
range and payload by 10-15 percent.
    Several commenters recommended applying current helicopter fuel 
minimum requirements in Sec.  91.151(b) to powered-lift. These 
commenters, including CAE, the Vertical Flight Society, Bristow, GAMA, 
and Joby noted similarities between helicopters and powered-lift, 
including their maneuverability at low speeds and the flexibility to 
land safely at varied locations due to their vertical landing 
capabilities. AWPC suggested that VTOL-capable powered-lift should be 
allowed to use helicopter VFR fuel reserves, while powered-lift 
authorized to utilize copter procedures should be allowed to use 
helicopter IFR fuel reserves.
    Archer added that many powered-lift, unlike helicopters, have no 
single-point-of-failure vulnerabilities. Additionally, Archer said 
that, because Sec.  91.151(b) applies to the entire rotorcraft 
category, other aircraft that are typically incapable of vertical 
operations like gyrocopters are still regulated by the 20-minute fuel 
reserve requirement due to their ability to land in confined areas. 
Archer stated that electric powered-lift can land vertically in zones 
smaller than typically needed for gyrocopters and often require less 
surface area to conduct a landing than many helicopters.
    Several commenters recommended the FAA consider applying 
performance-based reserve requirements that consider each powered-
lift's characteristics and intended operations. Bristow said there is 
precedent for this type of approach in Sec. Sec.  121.645 and 121.646 
where the FAA applies different fuel reserve criteria for domestic, 
flag, and ETOPS commercial airline operations. Supernal suggested 
revising the existing fuel reserve requirement to a performance-based 
standard for powered-lift to maintain an equivalent level of safety. 
Eve and L3Harris recommended adding language to part 194 that would 
allow for reduced energy requirements (subject to approval of the 
Administrator) based on a specific risk mitigation assessment, 
including energy consumption data, energy planning and in-flight energy 
management, and selection of alternate landing sites. GAMA and Joby 
added other factors to consider in an assessment, including 
environmental factors, performance capabilities, weather patterns, and 
air traffic. These commenters referenced a white paper \386\ from GAMA 
that they said provided more information on this issue. ANAC suggested 
fuel reserve requirements could be defined case-by-case based on the 
ConOps presented for the project.
---------------------------------------------------------------------------

    \386\ General Aviation Manufacturers Association, Managing Range 
and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-
content/uploads/Managing-Range-and-Endurance-of-Battery-Electric-
Aircraft_v1-1.pdf.
---------------------------------------------------------------------------

    The FAA stated in the NPRM that it did not have sufficient 
operational data to reduce fuel requirements. In response, AWPC said 
the Bell-Boeing V-22 Osprey shares performance characteristics with one 
of the company's powered-lift designs and has more than 20 years of 
flight experience with hundreds of thousands of flight hours 
accumulated that could provide relevant data. An individual pilot 
suggested the FAA seek input from the pilots currently flying powered-
lift to better understand their operational experience.
    The FAA has reconsidered its position regarding Sec.  91.151. In 
vertical-lift flight mode, a powered-lift can operate in a manner 
similar to a helicopter. As such, powered-lift require less surface 
area for a landing, thereby increasing the number of available landing 
sites, both planned and unplanned. Risk is further mitigated when 
operations are conducted under VFR. The FAA has concluded that, 
provided the powered-lift is continuously capable of conducting a 
landing in the vertical-lift mode along the entire route of flight, 
there is no adverse effect on safety to allow powered-lift to utilize 
rotorcraft VFR fuel requirements in accordance with Sec.  91.151(b). 
However, if the powered-lift cannot be assured of a safe landing in the 
vertical-lift flight mode along the entire route of flight, then 
compliance with Sec.  91.151(a) would be required. Indications that a 
powered-lift may not be assured of a safe landing in vertical-lift 
flight mode along the entire route of flight may include a limitation 
or requirement in the AFM which would preclude such a landing. 
Likewise, the powered-lift may not be capable of transitioning from 
wing-borne to vertical-lift flight mode quickly enough to comply. This 
provision will not prevent a powered-lift from operating in wing-borne 
flight mode. Rather, it will require the powered-lift to have the 
performance capability, as detailed in the AFM, to conduct a landing in 
vertical-lift flight mode along the entire route of flight in order to 
take advantage of the rotorcraft VFR fuel requirements. Therefore, as a 
result of renumbering, the FAA adopts this proposal, as amended, in 
Sec.  194.302(l).
    Sections 91.155 and 91.157 permit helicopters to operate under 
lower visibility and cloud clearance minima than airplanes. The FAA 
determined that powered-lift possess a wider range of characteristics, 
with some operating more akin to airplanes during cruise flight. The 
FAA proposed in Sec.  194.302(k) that powered-lift comply with the more 
restrictive airplane weather minima in Sec. Sec.  91.155 and 91.157.
    The rationale for the proposed Sec.  194.302(k) was that powered-
lift will likely operate similar to an airplane in cruise flight, thus 
requiring more time and distance to correct their flightpath to avoid 
other aircraft and obstacles. As such, a higher visibility minimum is 
needed to ensure safety. The FAA received 13 comments in response to 
this proposal. Two commenters expressed support. Eleven commenters 
proposed an alternative to the FAA's original proposal.
    Electra.aero and ALPA expressed support for the proposed weather 
minima for powered-lift. Electra.aero stated that the ability for eVTOL 
aircraft to hover at lower, helicopter-like speeds is often limited by 
the battery thermal capability that only provides a few minutes of 
hover time.
    Archer suggested replacing category-based operational rules 
regarding visibility minimums with type-specific rules informed by the 
type certification and FSB process, similar to that proposed in the 
NPRM for airworthiness evaluation and eligibility for Copter 
Procedures.

[[Page 92406]]

    GAMA stated powered-lift possess helicopter-like maneuverability, 
safe operation at low airspeeds and altitudes, and the capability of 
vertical takeoff and landing. Given these characteristics, the 
helicopter provisions of this rule should apply. The ability of 
helicopters to operate at lower speeds and with increased 
maneuverability while maintaining safety under less restrictive minima 
should be considered for powered-lift. Therefore, the exception 
incorporated in Sec.  91.155 should allow powered-lift pilots to take 
advantage of their aircraft's capabilities while ensuring an equivalent 
level of safety.
    Several commenters recommended applying helicopter weather minima 
requirements of Sec.  91.155(b)(1) instead of the airplane requirements 
of Sec.  91.155(b)(2). Commenters such as GAMA argued that, when 
determining appropriate weather minima requirements, powered-lift are 
more comparable to helicopters than airplanes in their ability to land 
immediately if conditions deteriorate, and fly at slow speeds with high 
maneuverability. Joby asserted that grouping powered-lift with 
helicopters would benefit all air traffic due to the two categories' 
similarities in performance and maneuverability. AWPC stated that 
restricting powered-lift from utilizing helicopter minima contradicts 
the FAA's intent (in Sec. Sec.  91.126 and 91.129) for powered-lift in 
vertical-lift flight mode to adhere to helicopter directions of turn 
when operating in a traffic pattern. Lilium said that powered-lift are 
designed to operate in low-altitude environments for short routes, and 
therefore using helicopter VFR minimum weather requirements could 
improve airspace congestion by providing the ability to operate at 
lower enroute altitudes. Eve suggested that Multi Electric Propulsion 
Systems (MEPS) are capable of assuring maneuverability comparable to 
helicopters even when deviating from clouds, traffic, and obstacles. 
Some commenters contended that applying helicopter weather minima 
requirements to powered-lift would provide a higher level of 
operational safety.
    CAE, Joby, and NBAA contended that many powered-lift will cruise at 
speeds lower than the fastest helicopters, which are subject to less 
restrictive minima than those proposed in the NPRM. These commenters 
also justified imposing less restrictive weather minima requirements 
for powered-lift due to similar qualities as helicopters by referencing 
excerpts from the NPRM.
    AIR VEV disagreed with the FAA's assertion that powered-lift in 
cruise operations, ``perform similar to an airplane, operating at high 
speeds and possibly without the ability to maneuver as quickly as a 
helicopter.'' AIR VEV said this statement is not true for the powered-
lift it is manufacturing.
    AWPC suggested the Bell-Boeing V-22 Osprey provides a precedent for 
applying lower weather minima requirements to turbine-powered tiltrotor 
aircraft.
    Commenters also highlighted certain enhanced safety features of 
powered-lift as justification for reducing the proposed weather minima 
requirements. Joby said that most powered-lift will use advanced flight 
control systems with advanced means of flight stabilization, flight 
augmentation, and envelope protection to allow for much safer flight in 
situations with reduced visibility by minimizing loss of control during 
unintentional flight into IMC.
    Lilium, Joby, and AIR VEV suggested that the FAA could establish 
special allowances for VFR weather minima based on characteristics of 
each individual powered-lift and the type of operation being conducted. 
Lilium said this approach would be consistent with ICAO Doc. 
10103.\387\
---------------------------------------------------------------------------

    \387\ Guidance on the Implementation of ICAO Standards and 
Recommended Practices for Tilt-rotors (10103), International Civil 
Aviation Organization (2019), is available for purchase in the ICAO 
Store.
---------------------------------------------------------------------------

    The FAA has reconsidered its position regarding Sec.  91.155 and 
Sec.  91.157. The FAA agrees with the commenters that weather minima 
are based on aircraft speed and maneuverability. Helicopters operate at 
lower speeds and are capable of greater maneuverability than other 
aircraft. This allows pilots to see and avoid other air traffic or 
obstructions in time to prevent a collision. Powered-lift have 
equivalent maneuvering capabilities to helicopters when operating in 
vertical-lift flight mode. For this reason, the FAA agrees there should 
be no adverse effect on safety for powered-lift operating in the 
vertical-lift flight mode to utilize the same VFR weather minima as 
helicopters.
    Therefore, the FAA will incorporate a change from the visibility 
minimums in proposed Sec.  194.302(k) by allowing powered-lift 
operating in the vertical-lift flight mode to comply with the 
helicopter visibility minimums prescribed in Sec.  91.155(a) and 
(b)(1). In addition, the helicopter exceptions of Sec.  91.157(b)(3), 
(b)(4), and (c) will also be applicable to powered-lift when operating 
in the vertical-lift flight mode. Powered-lift seeking to use the 
helicopter visibility minimums must be operated at a speed that allows 
the pilot enough time to see and avoid any other air traffic or any 
obstructions in time to avoid a collision. A powered-lift which cannot 
be operated at a speed that allows the pilot enough time to see and 
avoid any other air traffic or any obstructions to avoid a collision, 
regardless of the mode of flight, must comply with the airplane 
visibility minimums prescribed in Sec.  91.155(a) and (b)(2) and are 
not authorized to use the helicopter exceptions of Sec.  91.157(b)(3), 
(b)(4), and (c). Therefore, the new SFAR provision related to Sec.  
91.155(a) is adopted at Sec.  194.302(m), and the new SFAR provision 
related to Sec.  91.155(b)(1) is adopted at Sec.  194.302(n). The 
proposed Sec.  194.302(k), pertaining to Sec.  91.155(b)(2), is being 
adopted as amended at Sec.  194.302(o). Finally, the new SFAR provision 
related to Sec.  91.157(b)(3), (b)(4), and (c) is adopted at Sec.  
194.302(p).
    Sections 91.167 and 91.169 prescribe certain operational 
requirements for IFR flight. The FAA received numerous comments related 
to performance-based changes proposed for both rules. Because both 
sections relate to IFR operations, the FAA proposes changes that are 
similar in nature, whereby a powered-lift may be operated using 
helicopter minimums, provided the powered-lift is authorized to conduct 
Copter Procedures, defined in part 97, and is continuously capable of 
conducting a landing in the vertical-lift flight mode along the entire 
route of flight, as outlined in the response to Sec.  91.169(b) and (c) 
of this section. These changes are described in greater detail in the 
following paragraphs.
    Section 91.167 prescribes the fuel requirements for flight in IFR 
conditions. Under Sec.  91.167, helicopter operations are permitted 
with lower fuel minima. Section 91.167(a)(3) requires aircraft, other 
than helicopters, to carry a 45-minute fuel reserve and helicopters to 
carry a 30-minute fuel reserve. The FAA proposed that powered-lift 
should initially have a 45-minute fuel reserve, consistent with other 
aircraft requirements.
    Under Sec.  91.167, for operations in weather conditions that 
require an alternate airport to be identified, no person may operate in 
IFR flight unless the aircraft has adequate fuel to fly to the first 
airport of intended landing and to the alternate airport and still have 
a 45-minute fuel reserve. In accordance with Sec.  91.167(b)(2)(i) for 
aircraft other than helicopters, when the appropriate weather reports 
indicate that at least 1 hour before and for 1 hour after the estimated 
time of arrival, the ceiling will be at least 2,000 feet above the 
airport elevation and the visibility will

[[Page 92407]]

be at least 3 statute miles, the fuel reserve necessary to fly to the 
alternate airport is not required. The FAA did not propose changes to 
the current applicability of Sec.  91.167(b)(2)(i), which would require 
powered-lift to comply with the requirements imposed on aircraft other 
than helicopters, to ensure an appropriate level of risk mitigation for 
these new-entrant aircraft. An anonymous commenter agreed with the FAA 
proposal to retain the IFR fuel requirements for aircraft other than 
helicopters, as prescribed in Sec.  91.167(a) and (b) as proposed in 
the NPRM.\388\
---------------------------------------------------------------------------

    \388\ See 88 FR 38946 at 39029-39030 (June 14, 2023).
---------------------------------------------------------------------------

    Several commenters proposed that the FAA should revise the SFAR to 
allow powered-lift to comply with the helicopter fuel requirements. 
Joby stated the FAA should amend the part 194 requirements that specify 
fuel reserves for powered-lift to align with today's requirements for 
helicopters. Bristow believed imposing fixed wing aircraft fuel 
minimums is overly restrictive, offering no additional safety benefits 
over the helicopter fuel minimums. Bristow argued that the FAA should 
apply the minimum fuel reserve requirements associated with helicopters 
to operations by powered-lift. However, Bristow also believed that a 
more nuanced approach to fuel reserve minimums, based on mission-type 
and duration, is both possible and desirable.
    In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and Vertical 
Flight Society (VFS) collectively stated that the FAA failed to 
consider powered-lift characteristics and operating environment by 
unilaterally applying airplane fuel reserves to all powered-lift. The 
group comment argued that the FAA should consider the capabilities of 
powered-lift and apply ICAO Document 10103 to its assessment of 
operational rules. In the alternative, the group comment suggested that 
the FAA should provide a pathway for an operator or manufacturer to 
seek approval or authorization to adopt the alternate rule.
    Ten commenters proposed that the FAA should revise Sec.  91.167 to 
be a performance-based standard for powered-lift.
    Archer urged the FAA to provide a path to performance-based fuel 
reserves and reconsider the proposal that it believes arbitrarily 
assigns airplane fuel reserve regulations to an aircraft capable of 
vertical operations. Archer also argued that the FAA should follow the 
safe, long-standing precedent of part 121 Performance Based Contingency 
Fuel (PBCF) Operations Specifications and enable a data-driven approach 
to recognizing aircraft-specific capabilities and actual operational 
performance to assure safety and avoid unnecessary and arbitrary 
limitations on vehicles with restricted range.
    CAE stated the FAA failed to consider powered-lift characteristics 
and operating environment in unilaterally applying airplane fuel 
reserves to all powered-lift. CAE argued that the FAA should consider 
the performance-based capabilities of these powered-lift when 
determining fuel reserves.
    Eve recommended that fuel/energy reserves should be built on 
performance-based capabilities of the powered-lift and allow the 
reduction of fuel/energy reserves based on a risk assessment by 
considering proper and safety dispatch criteria (flight planning) and 
other operational aspects.
    AWPC disagreed with the FAA's decision to apply airplane fuel 
reserves for powered-lift, arguing that the proposed VFR and IFR fuel 
reserve requirements are prohibitive and fail to account for specific 
powered-lift performance capabilities. AWPC argued that powered-lift 
capable of VTOL and powered-lift authorized to utilize copter 
procedures should be allowed to use helicopter VFR fuel reserves. AWPC 
argued that this recommendation aligns with ICAO Document 10103.
    Lilium recommended that the FAA should adopt a flexible approach 
for establishing energy requirements for powered-lift. Lilium argued 
that adding language such as ``as determined by the Administrator'' 
would permit future operators to use performance-based reserve 
solutions. Alternatively, Lilium suggested that the FAA adopt a 20-
minute helicopter prescriptive reserve, considering the enhanced safety 
features of powered-lift.
    BETA recommended the FAA add an option for use of a performance-
based reserve that can be determined based on the capability of the 
aircraft and the intended flight plan.
    Supernal argued that the FAA should revise the existing fuel 
reserve requirement to a performance-based standard for powered-lift to 
maintain an equivalent level of safety.
    The Vertical Flight Society/American Helicopter Society 
International, Inc. urged the FAA set performance-based reserves 
requirements for powered-lift that reflect their operational intent and 
capabilities, arguing that such an approach would be consistent with 
ICAO Document 10103.
    In a group comment, NBAA, AUVSI, National Air Transportation 
Association, AIA, Vertical Flight Society, and Helicopter Association 
International collectively encouraged the FAA to consider the language 
in the Advanced Aviation Act when developing the final rule for this 
SFAR, including performance-based requirements for energy reserves and 
other range- and endurance-related requirements that reflect the 
capabilities and intended operations of the aircraft.
    L3Harris Commercial Aviation Solutions and L3Harris Commercial 
Training Solutions stated that there should be performance-based 
limitations based on a risk mitigation assessment considering energy 
consumption data, energy planning, alternate landing sites, and 
inflight energy management.
    After reviewing the comments, the FAA has reconsidered its position 
regarding Sec.  91.167. In the final rule, the FAA will allow powered-
lift to utilize the IFR fuel requirements established for helicopters. 
As the commenters suggest, when a powered-lift is operating similarly 
to a helicopter, powered-lift should be required to only carry the fuel 
reserves of a helicopter. The FAA agrees that powered-lift authorized 
to conduct copter procedures and that have the performance capability, 
as provided in the AFM, for the entire flight to conduct a landing in 
the vertical-lift flight mode may comply with the IFR fuel requirements 
established for helicopters.
    Furthermore, during aircraft certification, the FAA will assess the 
aircraft's stability, system, and equipage for IFR operations. A 
powered-lift that does not possess these capabilities may still be 
certificated for IFR but will be prohibited from performing copter 
procedures and have a limitation in the AFM to that effect. Powered-
lift with such a limitation would not be authorized to use the IFR fuel 
requirements for helicopters and would be required to use the IFR 
alternate airport minimums specified for airplanes.
    This provision will not prevent a powered-lift from operating in 
wing-borne flight mode but will require the powered-lift to have the 
performance capability, as detailed in the AFM, to conduct a landing in 
vertical-lift flight mode along the entire route of flight. Therefore, 
the FAA agrees with the commenters that, provided the powered-lift is 
continuously capable of conducting a landing in the vertical-lift 
flight mode along the entire route of flight, there is no adverse 
effect on safety to allow powered-lift to utilize helicopter IFR fuel 
requirements in accordance with Sec.  91.167(a)(3) and (b)(2)(ii).
    Therefore, a person operating a powered-lift will have the option 
to use

[[Page 92408]]

the helicopter fuel requirements under Sec.  91.167(a)(3) and 
(b)(2)(ii) when the aircraft is authorized to conduct copter procedures 
and has the performance capability, as provided in the AFM, to always 
conduct a landing in the vertical-lift flight mode along the entire 
flight. When taking into consideration the performance capability, a 
person operating a powered-lift must consider the energy required to 
successfully complete a descent from the altitude they plan to use, any 
required instrument or visual procedure, and any landing performance 
data contained in the AFM that enables a landing in the vertical-lift 
flight mode. There may be performance requirements or limitations 
contained in the AFM, or in any approved Minimum Equipment List (MEL), 
that would prevent a powered-lift from conducting a landing in the 
vertical-lift flight mode, such as a landing weight limitation or a 
deferred maintenance item, thereby requiring a person to use the 45 
minutes of reserve fuel. This requirement is adopted as Sec.  
194.302(q).
    Section 91.169 prescribes the information required for filing an 
IFR flight plan. Under Sec.  91.169, helicopter operations are 
permitted to use lower weather minima before an alternate must be filed 
because helicopters operate at lower altitudes and slower airspeeds. 
The FAA reasoned that, while powered-lift have a range of performance 
characteristics, the majority of powered-lift flight time will be 
during cruise operations and therefore proposed that powered-lift 
comply with the provisions of Sec.  91.169(b)(2)(i) and (c)(1)(i) as 
written for aircraft other than helicopters.
    Four operators provided comments related to Sec.  91.169. Archer 
asserted that the FAA should evaluate the operational capabilities of 
each powered-lift through the type certification process before 
deciding which operational rules are appropriate. Archer pointed out 
that powered-lift that share the key operating capabilities that enable 
helicopters to safely operate at lower altitudes and reduced weather 
minima should be subject to the same operating rules. Archer 
recommended the FAA replace category-based operational rules regarding 
visibility minimums in favor of type-specific rules informed by the 
type certification and FSB process, similar to that proposed in the 
NPRM for airworthiness evaluation and eligibility for Copter 
Procedures.
    AWPC argued that certain powered-lift, such as their AW609 
Tiltrotor, are capable of VTOL, like helicopters, during takeoff and 
landing. AWPC contended that IFR weather reporting requirements/IFR 
alternate airport weather minima should be performance-based due to the 
VTOL capability.
    Lilium asserted that the safe use of helicopter flight rules for 
powered-lift can be evaluated during aircraft certification and/or the 
type rating evaluation process and urged the FAA to adopt a similar 
comprehensive and risk-based approach as suggested for altitude 
requirements to evaluate the capabilities and performance of each 
individual powered-lift to safely operate under helicopter IFR. Lilium 
also asserted that the FAA's proposal is inconsistent with the way 
other countries regulate powered-lift.
    GAMA generally stated that the FAA should adopt performance-based 
regulations for powered-lift that take into consideration the diverse 
capabilities of such aircraft. GAMA also suggested that the FAA follow 
the approach recommended in ICAO Document 10103.
    After reviewing the comments, the FAA has reconsidered its position 
regarding the proposal to apply Sec.  91.169(b)(2)(i) and (c)(1)(i) to 
powered-lift. Similar to Sec.  91.167, the FAA will now allow powered-
lift that are authorized to conduct copter procedures and that have the 
performance capability to land in the vertical-lift flight mode, as 
provided in the AFM, to use the helicopter provisions specified in 
Sec.  91.169(b)(2)(ii) and (c)(1)(ii) for helicopters. This provision 
can be found in Sec.  194.302(r).
    The FAA agrees with Archer, Lilium, and GAMA that some degree of a 
performance-based rule is appropriate. As discussed above in the Sec.  
91.167 section, during aircraft certification, the FAA will assess the 
aircraft's capabilities and characteristics for IFR operations. A 
powered-lift that does not possess the appropriate characteristics may 
still be certificated for IFR but will be prohibited from performing 
copter procedures and have a limitation inserted into the AFM to that 
effect.
    As recommended by AWPC, and as discussed in the Sec.  91.167 
section, when taking into consideration the performance capability, a 
person operating a powered-lift must consider any landing performance 
data contained in the AFM that enables a landing in the vertical-lift 
flight mode. Requirements or limitations outlined in the AFM may 
require a person to use the IFR alternate airport minimums specified 
for airplanes. For the foregoing reasons, the FAA is adopting a 
performance-based rule for Sec.  91.169, as outlined in Sec.  
194.302(r).
    Section 91.175 governs takeoff and landing under IFR. Sections 
91.175(f)(2)(i) and (ii) apply to powered-lift as-written because those 
paragraphs are applicable to all aircraft. Therefore, these provisions 
are not included in Sec.  194.302, as they already apply to powered-
lift.
    Section 91.175(f)(2)(iii) governs takeoff and landing under IFR for 
helicopters. In the NPRM, the FAA did not address Sec.  
91.175(f)(2)(iii) because it is helicopter specific, and the FAA 
asserted Sec.  91.175(f)(2)(i) and (ii) were sufficient because they 
apply to aircraft, including powered-lift. However, in response to 
comments received and discussed below, the FAA will permit some 
powered-lift to use the \1/2\ statute mile visibility stipulated for 
helicopters in Sec.  91.175(f)(2)(iii).
    Section 91.175(f)(4)(i) requires airplanes operating under parts 
121 or 135 to comply with the takeoff obstacle clearance or avoidance 
procedures contained in subpart I of part 121 or subpart I of part 135, 
as applicable, for IFR takeoffs. Accordingly, the FAA proposed in Sec.  
194.302(l) that any powered-lift that would be required to comply with 
the provisions of subpart I of part 135 (Airplane Performance Operating 
Limitations) must also comply with Sec.  91.175(f)(4)(i). The takeoff 
limitations of subpart I of part 135, and therefore the provisions of 
Sec.  91.175(f)(4)(i), are only applicable to certain powered-lift that 
are required to comply with subpart I. As discussed in section VI.D.6. 
of this preamble, subpart I of part 135 will only apply to those 
powered-lift that are designated as ``large or transport category'' 
during type certification. The FAA did not receive any comments 
specific to Sec.  91.175(f)(4), which was proposed as Sec.  194.302(l). 
However, the FAA received three comments specific to the takeoff 
visibility requirements of Sec.  91.175(f)(2).
    AWPC did not agree with the FAA's proposal in the SFAR to apply 
blanket airplane requirements to powered-lift without any performance-
based relief. AWPC urged the FAA to take a tailored approach for this 
rule utilizing performance-based requirements instead of applying 
airplane rules to all powered-lift.
    Lilium noted that the safe use of helicopter flight rules for 
powered-lift can be evaluated during aircraft certification and/or the 
type rating evaluation process. Lilium urged the FAA to adopt a similar 
comprehensive and risk-based approach as suggested for altitude 
requirements, to evaluate the capabilities and performance of each 
individual powered-lift to safely operate under helicopter IFR.
    GAMA recommended the FAA follow ICAO Document 10103 and apply the

[[Page 92409]]

helicopter requirements for this rule to powered-lift.
    AWPC expressed their understanding that the lower takeoff 
visibility minimums for helicopters are based on lower speeds, 
maneuvering characteristics, and the ability to comply with copter 
procedures under part 97.
    In response to the comments received, the FAA evaluated the 
feasibility of allowing a powered-lift to use the helicopter visibility 
takeoff minimums stipulated in Sec.  91.175(f)(2)(iii). When Sec.  
91.175(f) was drafted in 1985, the rationale used for a lower takeoff 
minimum for helicopters was that they are highly maneuverable and 
capable of sustaining flight at lower airspeeds. The NPRM also 
mentioned that, due to the unique flight capabilities of helicopters, 
they can safely maneuver in lower takeoff visibility conditions.\389\
---------------------------------------------------------------------------

    \389\ Rotorcraft Regulatory Review Program Notice No. 5, NPRM, 
50 FR 10144, 10157 (Mar. 13, 1985).
---------------------------------------------------------------------------

    The FAA agrees with AWPC's statement that powered-lift benefit from 
being highly maneuverable and capable of sustaining flight at lower 
airspeeds and will make a change in the final rule for those powered-
lift conducting a vertical take-off. However, the FAA does not believe 
providing all powered-lift broad authorization to use helicopter take-
off minimums would be in the best interest of aviation safety. 
Therefore, the FAA will prohibit those powered-lift having two engines 
or less that do not have the capability to use copter procedures from 
conducting an IFR takeoff using the \1/2\ mile visibility minimum. The 
capability to use copter procedures will be identified in the 
limitations section of the AFM.
    In response to the comments received from AWPC and GAMA, the FAA is 
adopting a change in the final rule for IFR takeoff minimums for 
powered-lift. In this final rule, the FAA will allow powered-lift that 
have two engines or less to use the helicopter minimums of \1/2\ mile 
providing the powered-lift conducts their takeoff vertically and are 
authorized to use copter procedures. This provision is adopted in Sec.  
194.302(s). In addition, the FAA is adopting Sec.  194.302(l) as 
proposed, though due to renumbering, it is now Sec.  194.302(t).
2. Equipment, Instrument, and Certificate Requirements
    Section 91.205 states that no person may operate a powered civil 
aircraft with a standard category U.S. airworthiness certificate in VFR 
day or night, IFR, at or above 24,000 feet, in Category II or III 
operations, or in night vision goggle operations, unless the aircraft 
contains instruments and equipment in Sec.  91.205 or FAA-approved 
equivalents. For powered-lift that meet the definition of small 
aircraft in Sec.  1.1, the FAA proposed in Sec.  194.302(m) that the 
position and anti-collision lights meet the requirement set forth in 
Sec.  23.2530(b). The FAA proposed that this requirement should apply 
to small powered-lift to provide an equivalent level of safety to that 
of small airplanes and to ensure that those powered-lift have an 
adequate anticollision lighting system that provides sufficient time 
for another aircraft to avoid a collision.
    The FAA also proposed in Sec.  194.302(m) that small powered-lift 
should meet the Sec.  91.205(b)(14) requirement for installing an 
approved shoulder harness or restraint system for all seats to provide 
an equivalent level of safety to small airplanes.
    The FAA did not receive any comments on the proposals for small 
powered-lift in Sec.  194.302(m). The FAA is therefore adopting Sec.  
194.302(m) as proposed, though due to renumbering, it is being adopted 
as Sec.  194.302(u).
    Section 91.205(d) prescribes instruments and equipment requirements 
for IFR flight. Under Sec.  91.205(d)(3), an aircraft must have a 
gyroscopic rate-of-turn indicator installed, unless the aircraft is 
equipped with a third attitude instrument system installed as provided 
in Sec.  121.305(j). For airplanes, the third attitude instrument 
system installed must be usable through flight attitudes of 360 degrees 
of pitch and roll. For rotorcraft, the third attitude instrument system 
installed must be usable through flight attitudes of +/- 80 degrees of 
pitch and +/- 120 degrees of roll. The FAA anticipates that some 
powered-lift may be capable of exceeding 80 degrees of pitch and/or 120 
degrees of roll. Therefore, the FAA proposed in Sec.  194.302(n) that 
all powered-lift approved for IFR during type certification would be 
required to comply with the airplane provisions in Sec.  
91.205(d)(3)(i) for IFR flight, which requires the installation of 
either a gyroscopic rate-of-turn indicator or a third attitude 
instrument system usable through flight attitudes of 360 degrees of 
pitch and roll. The FAA received three comments on Sec.  194.302(n).
    Airbus, GAMA, and Joby requested that the FAA provide relief to the 
requirement that powered-lift have either a gyroscopic rate-of-turn 
indicator or a third attitude instrument system usable through flight 
attitudes of 360 degrees of pitch and roll installed in accordance with 
Sec.  91.205(d)(3)(i). The commenters asserted that this regulation may 
not be compatible with aircraft designed with advanced flight control 
systems.
    The FAA considered the comments from Airbus, GAMA, and Joby and 
their requests for relief from the proposed requirement. Section 91.205 
already includes flexibility for operators, as it allows for FAA-
approved equivalents to the instruments and equipment specified in 
Sec.  91.205. Section 91.205(a) contains the phrase ``or FAA-approved 
equivalents.'' This phrase provides the flexibility necessary to 
consider other types of aircraft systems not specifically included in 
Sec.  91.205 paragraphs (b) through (f); therefore, the FAA determined 
no additional regulatory revisions are required. The FAA is therefore 
adopting Sec.  194.302(n) as proposed, though due to renumbering, it is 
being adopted as Sec.  194.302(v).
    Section 91.207 requires an emergency locator transmitter (ELT) for 
airplane operations to facilitate search and rescue efforts in locating 
downed aircraft. The FAA proposed applying Sec.  91.207 to powered-lift 
in Sec.  194.302(o). The FAA received two comments related to the 
proposed Sec.  194.302(o).
    ALPA expressed support of Sec.  194.302(o), which requires all 
powered-lift to comply with Sec.  91.207 and be equipped with an ELT.
    Joby, however, argued that mandating ELTs would increase cost and 
decrease payload capacity without providing an increase in operational 
safety. Joby suggested there are suitable alternatives to ELTs such as 
ADS-B, personal locator beacons, personal satellite trackers, and 
mobile phones.
    The ability to locate powered-lift in the event of a crash is 
essential for reaching survivors as quickly as possible and potentially 
saving lives. The FAA considers this to be a necessary requirement for 
powered-lift, particularly as a new entrant aircraft with little civil 
operational history. The FAA noted in the ADS-B final rule that the 
ADS-B system cannot replace the ELT function since the ADS-B system is 
not required to be crashworthy nor is the ADS-B system integrated with 
the satellite-based search and rescue system (SARSAT) and, thus, may 
not be operable or able to transmit following an aircraft accident. 
Similarly, the FAA does not consider personal locator beacons, personal 
satellite trackers, and mobile phones as a suitable replacement for an 
ELT as these devices do not meet the requirements for new installation 
specified in Sec.  91.207, nor the minimum operational performance 
standards (MOPS) for ELTs. Accordingly, the FAA is adopting Sec.  
194.302(o) as proposed, though due to renumbering it is being adopted 
as Sec.  194.302(w).

[[Page 92410]]

    Section 91.213 provides limitations on operations with inoperative 
instruments and equipment, as well as relief for operations with 
inoperative instruments and equipment for aircraft with and without an 
approved Minimum Equipment List (MEL). Section 91.213(a) requires that 
no person may takeoff an aircraft with inoperative instruments or 
equipment installed. This applies to powered-lift. Section 91.213(d) 
provides specific relief for an aircraft without an approved MEL; 
however, powered-lift is not included in the aircraft eligible for the 
exception in Sec.  91.213(d)(1). The FAA did not propose to include 
powered-lift in the exceptions set forth in Sec.  91.213(d). The FAA 
did not receive any comments on this and will therefore not apply Sec.  
91.213(d) to powered-lift.
    Section 91.215(b) states that no person may operate an aircraft in 
the airspace described in Sec.  91.215(b)(1) through (5) unless that 
aircraft is equipped with an operable coded radar beacon transponder. 
The FAA anticipates that, while all new entrant powered-lift will have 
a substantial electrical system, some powered-lift may be powered by 
batteries, rather than an engine. Sections 91.215(b)(3) and (5) allow 
aircraft to operate without a transponder if the aircraft was 
certificated without an engine-driven electrical system. The FAA 
proposed in Sec.  194.305 that the exceptions outlined in Sec.  
91.215(b)(3) and (5) for ``aircraft'' not apply to powered-lift. The 
effect of the proposal is that all powered-lift must be equipped with 
an operable coded radar beacon transponder as required in Sec.  
91.215(b)(1), (2), and (4). The FAA did not receive any comments 
related to the proposed Sec.  194.305. The FAA determined that adding 
``Notwithstanding Sec.  194.301,'' to the beginning of Sec.  194.304 
helps to clarify that the aircraft provisions under Sec.  91.215(b)(3) 
and (5) do not apply to powered-lift even though, generally, any 
aircraft provisions in part 91 already apply to powered-lift. As such, 
as a result of renumbering, the FAA adopts Sec.  194.304 as proposed.
    Section 91.219 prohibits the operation of a turbojet-powered U.S.-
registered civil airplane unless that airplane is equipped with an 
approved altitude alerting system or device. The FAA proposed in Sec.  
194.302(p) that all powered-lift comply with the altitude alerting 
requirements under Sec.  91.219. The FAA received one comment on the 
proposed Sec.  194.302(p) from EASA, requesting more details as to how 
the FAA decided that all new powered-lift entrants would be considered 
``high performant.''
    Within the operational rules of this SFAR, the FAA generally does 
not impose requirements based on the powerplant of the powered-lift. 
For example, where a regulation refers to an aircraft powered by 
turbines, the FAA takes the approach that such regulations should apply 
to all powered-lift, rather than just those powered-lift that are 
powered by turbines. The FAA anticipates that certain powerplants, such 
as electric motors, may have equal or better performance in comparison 
to internal combustion engines, which could lead to higher performance 
capabilities. As such, the FAA is generally taking the more 
conservative approach and requiring that certain operating regulations 
apply to all powered-lift, regardless of powerplant. There are, 
however, some instances where the FAA proposed to apply certain 
regulations based on the type of powerplant. Such regulations are 
tailored based on the type of powerplant because those regulations 
contain factors other than performance to trigger the applicability of 
that particular regulation (e.g., the regulation is powerplant specific 
to maintain the intent for noise abatement in certain classes of 
airspace). In those instances, the FAA explains in this preamble why it 
decided to retain the powerplant reference.
    EASA requested more details as to how the FAA decided that all new 
powered-lift entrants would be considered ``high performant.'' In 
formulating the discussion surrounding use of altitude alerting 
equipment, the FAA identified that some powered-lift may have high 
performance capabilities which warrant the use of such equipment. 
Because powered-lift capabilities are not yet fully known, the most 
conservative approach is to require this equipment. The FAA received no 
negative comments and will adopt the proposed Sec.  194.302(p) as 
final, though due to renumbering it is being adopted as Sec.  
194.302(x).
    Section 91.223 prohibits the operation of a turbine-powered U.S.-
registered airplane configured with six or more passenger seats, 
excluding any pilot seat, unless that airplane is equipped with an 
approved terrain awareness and warning system (TAWS). The FAA proposed 
in Sec.  194.302(q) that all powered-lift, regardless of powerplant 
type, with 6 or more seats must be equipped with an HTAWS system that 
meets the Technical Standard Order (TSO) C194 or an FAA-approved TAWS 
A/HTAWS hybrid system. In addition, the FAA proposed in Sec.  
194.302(q) that powered-lift must comply with Sec.  91.223(c), which 
imposes a requirement for a manual containing appropriate procedures on 
the use of terrain awareness equipment and the proper flightcrew 
reactions in response to a TAWS activation.
    The FAA received one comment from ALPA related to the proposed 
Sec.  194.302(q). ALPA stated that all powered-lift (regardless of 
seating capacity) must be equipped with TAWS or HTAWS as applicable, an 
Aircraft Collision Avoidance System (ACAS), and a CVR and FDR. ALPA 
recommended that when HTAWS is required for traditional helicopter 
operations, it should also be required for similar powered-lift 
operations regardless of seat capacity, to ensure the highest level of 
safety in this novel aircraft type and its operations.
    The FAA has considered ALPA's recommendation for TAWS/HTAWS to be 
required for all powered-lift regardless of seating capacity. The FAA 
is adopting the rule as proposed in the NPRM. The FAA has previously 
determined that a TAWS requirement is appropriate for only those 
turbine-powered airplanes with 6 or more passenger seats, excluding any 
pilot seat. For consistency with previous rulemaking, the FAA is 
requiring all powered-lift, regardless of powerplant, with six or more 
passenger seats, excluding any pilot seat, to meet a similar terrain 
awareness equipment requirement. Because powered-lift are capable of 
flight in vertical mode and have been granted some of the same 
operating privileges as rotorcraft, the terrain awareness equipment 
must meet either HTAWS or hybrid A/HTAWS specifications, to comply with 
Sec.  91.223(a). The costs imposed on operators and individuals 
required to comply with this rule would be no more burdensome than the 
costs incurred by entities and individuals complying with corresponding 
airplane and rotorcraft regulations that are already in effect. 
Moreover, the FAA has determined that requiring this equipment for all 
powered-lift regardless of the seating capacity is not warranted at 
this time because the FAA does not have the data to support requiring 
TAWS/HTAWS to be installed on powered-lift with less than six passenger 
seats. As such, requiring powered-lift to comply with TAWS/HTAWS 
regardless of seating capacity is not consistent with current 
regulations. The FAA is therefore adopting Sec.  194.302(q) as 
proposed, though due to renumbering it is being adopted as Sec.  
194.302(y).
3. Incorporation by Reference
    Incorporation by reference (IBR) is a mechanism that allows Federal 
agencies

[[Page 92411]]

to comply with the requirements of the Administrative Procedure Act to 
publish rules in the Federal Register and the CFR by referring to 
material published elsewhere.\390\ Material that is incorporated by 
reference has the same legal status as if it were published in full in 
the Federal Register and the CFR. The standards referenced in this rule 
include technical information and specifications for equipment and 
capabilities required to meet terrain awareness and warning systems and 
helicopter terrain awareness and warning systems.
---------------------------------------------------------------------------

    \390\ 5 U.S.C. 552(a).
---------------------------------------------------------------------------

    The standards referenced in Sec. Sec.  194.109, 194.302, and 
194.306 of this rule are incorporated by reference with the approval of 
the Director of the Office of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. In accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51,\391\ all approved materials are available for inspection at 
the FAA's Office of Rulemaking, 800 Independence Avenue SW, Washington, 
DC 20591 (telephone (202) 267-9677). This material is also available 
from the sources indicated in paragraphs (a) and (b) of Sec.  194.109 
and as follows:
---------------------------------------------------------------------------

    \391\ 5 U.S.C. 552(a) requires that matter incorporated by 
reference be ``reasonably available'' as a condition of its 
eligibility. Further, 1 CFR 51.5(b)(2) requires that agencies 
seeking to incorporate material by reference discuss in the preamble 
of the final rule the ways that the material it is incorporating by 
reference is reasonably available to interested parties and how 
interested parties can obtain the material.
---------------------------------------------------------------------------

    1. Copies of Technical Standard Order (TSO)-C194, Helicopter 
Terrain Awareness and Warning System (Dec. 17, 2008) may be obtained 
from the U.S. Department of Transportation, Subsequent Distribution 
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th 
Avenue, Landover, MD 20785; telephone (301) 322-5377. It is also 
available on the FAA's website at www.faa.gov/aircraft/air_cert/design_approvals/tso/. Select the link ``Search Technical Standard 
Orders.'' This TSO contains the minimum performance standards the 
helicopter terrain awareness and warning system must meet for approval 
and identification with the TSO marking.
    2. Copies of section 2, Equipment Performance Requirements and Test 
Procedures, of RTCA DO-309, Minimum Operational Performance Standards 
(MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS) 
Airborne Equipment (Mar. 13, 2008) may be obtained from RTCA, Inc., 
1150 18th St NW, Suite 910, Washington, DC 20036; telephone (202) 833-
9339; website: www.rtca.org/products. Section 2 of RTCA DO-309 contains 
the equipment performance requirements and test procedures for 
Helicopter Terrain Awareness and Warning Systems.
4. Special Flight Operations
    Section 91.313 prescribes operating limitations for restricted 
category civil aircraft. Section 91.313(a) through (e) apply to all 
restricted category aircraft, including powered-lift. Section 91.313(f) 
relates to operations under part 133, which powered-lift are not 
currently authorized to conduct. Section 91.313(g) requires small, 
restricted-category airplanes to be equipped with a shoulder harness or 
restraint system for each front seat. For the same reasons as discussed 
regarding applicability of Sec.  91.205(b)(14), the FAA proposed in 
Sec.  194.302(r) that restricted category small powered-lift must have 
an approved shoulder harness or restraint system for all seats 
installed to provide an adequate level of safety for powered-lift 
operations. The FAA did not receive any comments on this proposal and 
therefore adopts Sec.  194.302(r) as proposed, though due to 
renumbering it is being adopted as Sec.  194.302(z).
5. Maintenance, Preventive Maintenance, and Alterations
    Section 91.409 prescribes inspection programs to ensure that the 
aircraft is airworthy. Sections 91.409(a) and (b) require annual and 
100-hour inspections, or optionally a progressive inspection program 
under paragraph (d) for aircraft that do not fall under the exceptions 
provided in paragraph (c).\392\ Section 91.409(e) through (h) set forth 
inspection program options and requirements for larger aircraft and 
aircraft with more complex aircraft systems which are more stringent 
than those provided under Sec.  91.409(a), (b), and (d). Because 
paragraphs (e) through (h) apply to more complex aircraft, the FAA 
proposed in Sec.  194.302(s) that these paragraphs should apply to 
technically advanced powered-lift (TAPL), which is a powered-lift that 
is equipped with an electronically advanced system in which the pilot 
interfaces with a multi-computer system with increasing levels of 
automation in order to aviate, navigate, or communicate. The FAA 
proposed requiring certain minimum display elements for both a PFD and 
MFD, clarifying what will be considered a PFD or MFD. Powered-lift that 
are not considered technically advanced under the definition used for 
compliance with Sec.  91.409 within this SFAR and are not maintained 
under a CAMP under Sec.  135.411(a)(2) must continue to comply with 
Sec.  91.409(a), (b), and (d) because those provisions apply to 
``aircraft.''
---------------------------------------------------------------------------

    \392\ Section 91.409 does not apply to an aircraft that is 
maintained under a Continuous Airworthiness Maintenance Program 
(CAMP), such as under Sec.  135.411(a)(2).
---------------------------------------------------------------------------

    The FAA received four comments related to Sec.  91.409 and proposed 
Sec.  194.302(s).
    AUVSI expressed concern with the FAA's approach to TAPL. AUVSI also 
argued that the proposal is inconsistent with the flightcrew interface 
requirements that have been proposed as airworthiness standards/
criteria for both the Joby JAS4-1 and the Archer Model M001 powered-
lift. AUVSI noted that Sec.  194.302(s) imposes a design requirement 
and that such requirements should not be implemented through 
operational rules.
    CAE recommended the determination of TAPL be delegated to the 
Aircraft Certification Offices (ACO), Aircraft Evaluation Division 
(AED), or Flight Standardization Board (FSB) assigned to a specific 
aircraft certification project, rather than to individual FSDOs. CAE 
emphasized that the TAPL determination should be made based on the 
aircraft and equipment combination, not individual operator policies or 
procedures.
    In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS 
collectively stated that the determination of TAPL should be delegated 
to the ACO, AED, or FSB assigned to a specific aircraft certification 
project, not to individual FSDOs.
    An individual commented that the FAA should provide more guidance 
on maintenance and inspection requirements in the final rule, including 
specific maintenance standards or procedures and the frequency of 
inspections for powered-lift. This individual commenter asked for 
clarification on how maintenance, inspection, and minimum equipment 
requirements would differ from existing requirements for airplanes and 
helicopters.
    The FAA agrees with the commenters who recommended that the 
determination of a TAPL should not rest with individual field offices. 
The rule determines whether a powered-lift constitutes a TAPL because 
it outlines the required criteria.
    However, the FAA disagrees with AUVSI about the proposed Sec.  
194.302(s). The definition of TAPL is intended to allow the FAA to 
distinguish between complex and less complex powered-lift and thereby 
determine which inspection program applies. The TAPL definition is

[[Page 92412]]

not an indirect imposition of design requirements via operational 
rules.
    Finally, in response to the commenter who requested more details on 
maintenance and inspection requirements, the FAA notes that, unless 
otherwise specified by part 194, powered-lift must continue to comply 
with rules applicable to all aircraft in part 43 of this chapter as 
well as any applicable maintenance and inspection requirements under 
parts 91 and 135 of this chapter.
    The FAA adopts Sec.  194.302(s) as proposed, though due to 
renumbering, it is being adopted as Sec.  194.302(aa).
    Section 91.411 prescribes the requirements for altimeter system and 
altitude reporting equipment tests and inspections. The FAA proposed in 
Sec.  194.302(t) to apply Sec.  91.411 to powered-lift, as it currently 
applies to both airplanes and helicopters, without differentiation. The 
FAA did not receive any comments on the proposed Sec.  194.302(t) and 
therefore adopts the proposed Sec.  194.302(t) as final, though due to 
renumbering, it is being adopted as Sec.  194.302(bb).
6. Large and Turbine-Powered Multiengine Airplanes and Fractional 
Ownership Program Aircraft
    Section 91.501 prescribes operating rules governing the operation 
of large airplanes of U.S. registry, turbojet-powered multiengine civil 
airplanes of U.S. registry, and fractional ownership program aircraft 
of U.S. registry that are operating under subpart K of part 91 in 
operations not involving common carriage.
    The FAA anticipates that U.S.-registered large powered-lift will 
operate like large airplanes with respect to altitude, speed, passenger 
carrying capacity, passenger safety, composition of flightcrew, 
operating environment (e.g., over water), and required safety and 
rescue equipment. The FAA proposed in Sec.  194.302(u) to capture large 
powered-lift in the applicability section of Sec.  91.501, regardless 
of powerplant type, system of aircraft ownership, or ownership 
interest. The FAA received no comments on the proposed Sec.  
194.302(u). Though the proposal will not substantively change, the FAA 
determined that further clarification is necessary in the subpart F 
applicability section under Sec.  194.302(cc). First, the FAA is 
clarifying under Sec.  194.302(cc) that part 91, subpart F applies to 
powered-lift operating under subpart K of part 91 (``Fractional 
Ownership Operations'').\393\ The current Sec.  91.501 already states 
that subpart F applies to fractional ownership program aircraft, but 
the FAA determined that expressly stating this in the SFAR regulatory 
text will help clarify the applicability of subpart F. Second, the FAA 
has clarified that any sections or paragraphs within sections that 
refer to a specific category of aircraft, such as airplanes or 
helicopters, and that are not outlined in the SFAR tables to Sec.  
194.302 or Sec.  194.306, do not apply to powered-lift. Any regulatory 
reference to a category of aircraft that is intended to apply to 
powered-lift will be included in the SFAR tables. As such, the FAA 
adopts Sec.  194.302(u) as final, though due to renumbering, it is 
being adopted as Sec.  194.302(cc).
---------------------------------------------------------------------------

    \393\ As discussed in the NPRM, subpart K of part 91 allows for 
fractional owners and their respective management company to share 
operational control of an aircraft. This subpart details certain 
operational considerations pertaining to fractional ownership 
programs to include safety standards for pilot training and 
qualifications. In the NPRM, the FAA discussed how the current 
regulatory framework as well as proposed amendments would be 
applicable to fractional ownership programs utilizing powered-lift. 
See 88 FR 39020, 39038.
---------------------------------------------------------------------------

    Section 91.503 describes required flying equipment and operating 
information for airplanes under subpart F of part 91. The FAA proposed 
in Sec.  194.302(v) that this section apply to large powered-lift 
because the FAA anticipates that powered-lift will be used in 
passenger-carrying operations highly similar to airplanes. The FAA 
received no comments on the proposed Sec.  194.302(v) and therefore 
adopts Sec.  194.302(v) as final, though due to renumbering, it is 
being adopted as Sec.  194.302(dd).
    Section 91.505 imposes requirements to be familiar with the 
emergency equipment installed on the airplane to which a crewmember is 
assigned and with the procedures to be followed for the use of that 
equipment in an emergency. The crewmember must also be familiar with 
the Airplane Flight Manual for that airplane, if one is required, and 
with any placards, listings, instrument markings, or any combination 
thereof, containing each operating limitation prescribed for that 
airplane by the Administrator, including those specified in Sec.  
91.9(b). The FAA proposed in Sec.  194.302(w) that Sec.  91.505 apply 
to large powered-lift because, as stated previously, the FAA expects 
powered-lift to be used in passenger-carrying operations similar to 
airplanes. The FAA received no comments and therefore adopts Sec.  
194.302(w) as proposed, though due to renumbering it is being adopted 
as Sec.  194.302(ee).
    Section 91.507 states that no person may operate an airplane over-
the-top or at night under VFR unless that airplane is equipped with the 
instruments and equipment required for IFR operations under Sec.  
91.205(d) and one electric landing light for night operations. The FAA 
proposed in Sec.  194.302(x) that large powered-lift must comply with 
the equipment requirements in this section. The FAA received no 
comments on the proposed Sec.  194.302(x) and therefore adopts it as 
final, though due to renumbering, it is being adopted as Sec.  
194.302(ff).
    Section 91.509(a) requires a life preserver or an approved 
flotation means for each occupant of an airplane. The FAA proposed in 
Sec.  194.302(y) that powered-lift meet the requirements of Sec.  
91.509(a). The FAA received no comments on this proposal.
    Section 91.509(b) states that no person may take off an airplane 
for flight over water more than 30 minutes flying time or 100 nautical 
miles from the nearest shore, whichever is less, unless it has onboard 
specified survival equipment. The FAA determined that the vertical 
landing capability of powered-lift should be considered in evaluating 
the applicability of this rule. Therefore, the FAA proposed in Sec.  
194.302(y)(1) to also apply the definition of extended over-water 
operations for helicopters to powered-lift. The FAA received no 
comments to this proposal.
    Section 91.509(b)(5) specifically requires a lifeline to be stowed 
in accordance with Sec.  25.1411(g). The FAA anticipates that powered-
lift may be developed in the future that are capable and certified for 
ditching and with a wing or comparable structure suitable for 
evacuation. Accordingly, the FAA proposed in Sec.  194.302(y)(2) that 
powered-lift subject to the requirements of subpart F will be required 
to comply with Sec.  25.1411(g) or other airworthiness requirements 
established in accordance with Sec.  21.17(b) that provide an 
equivalent level of safety for powered-lift, as reflected in the 
proposed regulatory text. The FAA received no comments to Sec.  
194.302(y)(2). As a result of the foregoing, the FAA adopts Sec.  
194.302(y) as final, but as a result of renumbering, it is now Sec.  
194.302(gg).
    Section 91.511 describes requirements for communication and 
navigation equipment for overwater operations. Paragraph (a) states 
that no person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest 
shore unless it has at least the operable radio communication and 
electronic navigation equipment described in

[[Page 92413]]

Sec.  91.511. The FAA proposed in Sec.  194.302(z) to require large 
powered-lift to comply with Sec.  91.511 for overwater operations that 
are more than 30 minutes or 100 nautical miles from the nearest shore 
or off-shore heliport structure, whichever is less. The FAA received no 
comments on proposed Sec.  194.302(z) and therefore adopts Sec.  
194.302(z) as final, though due to renumbering it is being adopted as 
Sec.  194.302(hh).
    Section 91.513 describes requirements for emergency equipment for 
airplanes, such as fire extinguishers, first aid kits, and megaphones. 
The FAA proposed in Sec.  194.302(aa) to apply the safety standards 
required in this section to large powered-lift. The FAA received no 
comments on the proposed Sec.  194.302(aa) and therefore adopts Sec.  
194.302(aa) as final, though due to renumbering it is being adopted as 
Sec.  194.302(ii).
    Section 91.515 prescribes flight altitudes for airplanes operating 
under VFR. The flight altitudes are designed to ensure adequate terrain 
clearance from any mountain, hill, or other obstruction to flight for 
day and night operations. The FAA proposed in Sec.  194.302(bb) to 
apply the minimum flight altitudes in Sec.  91.515 to large powered-
lift. The FAA received no comments on the proposed Sec.  194.302(bb). 
Therefore, the FAA adopts the proposed Sec.  194.302(bb) as final, 
though due to renumbering it is being adopted as Sec.  194.302(jj).
    Section 91.517 describes passenger information and signage 
displaying the use of seatbelts and non-smoking requirements. The FAA 
proposed in Sec.  194.302(cc) that large powered-lift comply with the 
information and signage display requirements in Sec.  91.517. The FAA 
received no comments and is adopting Sec.  194.302(cc) as final, though 
due to renumbering it is being adopted as Sec.  194.302(kk).
    Section 91.519 describes passenger briefings for the use of 
seatbelts and non-smoking requirements. The FAA proposed in Sec.  
194.302(dd) that Sec.  91.519 should also apply to large powered-lift 
because passenger briefings for seatbelt use and smoking are equally 
important for airplane and powered-lift passenger-carrying operations. 
The FAA received no comments on Sec.  194.302(dd) and therefore adopts 
the proposed Sec.  194.302(dd) as final, though due to renumbering it 
is being adopted as Sec.  194.302(ll).
    Section 91.521 prescribes the requirements for equipping transport 
category airplanes with shoulder harnesses and safety belts. The FAA 
proposed in Sec.  194.302(ee) that large powered-lift comply with the 
safety equipment requirements for airplanes in this section. The FAA 
did not receive any comments on the proposed Sec.  194.302(ee). As 
such, the FAA adopts Sec.  194.302(ee) as final, though due to 
renumbering, it is being adopted as Sec.  194.302(mm).
    Section 91.523 imposes requirements regarding how carry-on baggage 
is stored on airplanes with a seating capacity of more than 19 
passengers. The FAA proposed in Sec.  194.302(ff) that, should powered-
lift with more than 19 seats be developed, they would be required to 
comply with Sec.  91.523, including the safety equipment requirements 
specified in Sec.  25.561(b)(3) or airworthiness criteria that the FAA 
may find provide an equivalent level of safety in accordance with Sec.  
21.17(b). The FAA did not receive any comments on the proposed Sec.  
194.302(ff) and therefore adopts Sec.  194.302(ff) as final, though due 
to renumbering, it is being adopted as Sec.  194.302(nn).
    Section 91.525 describes the requirements for the carriage of 
cargo. The FAA proposed in Sec.  194.302(gg) that this section should 
apply to powered-lift. The FAA received no comments on the proposed 
Sec.  194.302(gg) and therefore adopts Sec.  194.302(gg) as final, 
though due to renumbering, it is being adopted as Sec.  194.302(oo).
    Section 91.527 describes the requirements for operations in icing 
conditions. To ensure safe operation of powered-lift, all the items 
listed in Sec.  91.527(a), as well as other critical surfaces as 
determined by the manufacturer, must be clear from any contamination 
adhering to their surfaces, including the vertical-lift flight mode 
lifting devices. The FAA proposed in Sec.  194.302(hh) that the 
requirements of Sec.  91.527(a) should apply to all large powered-lift, 
including the vertical-lift flight mode lifting devices. The FAA 
received no comments on the proposed Sec.  194.302(hh) and therefore 
adopts Sec.  194.302(hh) as final, though due to renumbering, it is 
being adopted as Sec.  194.302(pp).
    Section 91.527(b) prescribes rules for IFR flight into known or 
forecast light or moderate icing conditions, or under VFR into known 
light or moderate icing conditions unless certain conditions are met as 
described below. The FAA proposed in Sec.  194.302(ii) that no pilot 
may fly a powered-lift under IFR into known or forecast light or 
moderate icing conditions or under VFR into known light or moderate 
icing conditions unless it has been type certificated and appropriately 
equipped for operations in icing conditions, as set forth in Sec.  
194.308(i). Section 194.308(i), pertaining to Sec.  135.227(d), 
requires powered-lift seeking certification to operate in known or 
forecast light or moderate icing conditions to have procedures for the 
use of the ice protection equipment set forth in the AFM. The FAA 
received no comments on either the proposed Sec.  194.302(ii) or Sec.  
194.308(i). As such, the FAA adopts both Sec. Sec.  194.302(ii) and 
194.308(i) as final. However, due to renumbering, Sec.  194.302(ii) is 
being adopted as Sec.  194.302(qq) and Sec.  194.308(i) is being 
adopted as Sec.  194.306(xx).
    Section 91.527(c) prohibits airplane operations into known or 
forecast severe icing conditions, except for an airplane that has ice 
protection provisions that meet the requirements in section 34 of 
Special Federal Aviation Regulation No. 23, or those for transport 
category airplane type certification. The FAA did not propose to apply 
this regulation to powered-lift operations, explaining that powered-
lift would be prohibited from operating into known or forecast severe 
icing conditions. However, upon further review, the FAA determined the 
SFAR regulatory text should explicitly address this prohibition. As a 
result, the FAA is adding paragraph (rr) within Sec.  194.302, applying 
paragraph (c) of Sec.  91.527 to powered-lift that are subject to the 
requirements of subpart F of part 91. Section 194.302(rr) states that 
no pilot may fly a powered-lift into known or forecast severe icing 
conditions. The exceptions outlined in Sec.  91.527(c) (i.e., for 
airplanes and transport category airplanes with ice protection 
provisions) do not apply to powered-lift. The FAA therefore adopts 
Sec.  194.302(rr) as amended, which prohibits powered-lift from flying 
into known or forecast icing conditions.
    Section 91.529 addresses flight engineer requirements for airplane 
operations. The FAA did not propose application of this section to 
powered-lift because modern aircraft are not designed to require a 
flight engineer.
    Section 91.531 describes second-in-command SIC requirements for 
airplanes in subpart F. Section 91.531(a) provides that, subject to an 
exception in Sec.  91.531(b), no person may operate any airplane that 
is type certificated for more than one required pilot, any large 
airplane, or any commuter category airplane without a pilot designated 
as SIC. The FAA proposed in Sec.  194.302(jj) that paragraphs (a)(1) 
and (2) apply to powered-lift. However, the FAA proposed not to apply 
paragraph (a)(3) to powered-lift because there are currently no 
commuter category powered-lift, and no new aircraft can be certificated 
for that category as there are no longer any certification standards 
for commuter category aircraft in the

[[Page 92414]]

Federal Aviation Regulations. Section 91.531(b)(1) states that an 
airplane certificated for operation with one pilot may be operated 
without a pilot designated as SIC. Section 91.531(b)(2) states that a 
person may operate a large or turbojet-powered multiengine airplane, 
holding a special airworthiness certificate, without an SIC if (1) the 
airplane was originally designed with only one pilot station, or (2) 
the airplane was originally designed with more than one pilot station, 
but single pilot operations were permitted by the AFM or were otherwise 
permitted by the U.S. Armed Forces or the armed forces of a Chicago 
Convention contracting State. The FAA proposed in Sec.  194.302(jj) 
that Sec.  91.531(b)(1) apply to a powered-lift certificated for 
operation with one pilot and that (b)(2) apply to all large powered-
lift that hold a special airworthiness certificate and meet the 
requirements of Sec.  91.531(b)(2)(i) and (ii), regardless of 
powerplant type. The FAA determined that further clarification is 
necessary for Sec.  91.531(b)(2) because the current regulation applies 
to large and turbojet-powered multiengine airplanes. Though the FAA 
explains in the NPRM it will not reference ``multiengine'' or 
``turbojet-powered'' for powered-lift in the operational rules,\394\ 
the SFAR regulatory text should clarify that Sec.  91.531(b)(2) applies 
to ``large'' powered-lift. As a result, the FAA is clarifying under 
Sec.  194.302(ss) that Sec.  91.531(b)(2) applies to large powered-lift 
that meet the additional requirements outlined in Sec.  91.531(b)(2), 
which includes subparagraphs (i) and (ii).
---------------------------------------------------------------------------

    \394\ See 88 FR 39025 (June 14, 2023).
---------------------------------------------------------------------------

    Section 91.531(c) states no person may designate a pilot to serve 
as SIC, nor may any pilot serve as SIC, of an airplane required under 
this section to have two pilots unless that pilot meets the 
qualifications for SIC prescribed in Sec.  61.55. The FAA proposed in 
Sec.  194.302(jj) that paragraph (c) apply to large powered-lift. The 
FAA received no comments on the proposed Sec.  194.302(jj) and 
therefore adopts Sec.  194.302(jj) as final, though due to renumbering, 
it is being adopted as Sec.  194.302(ss).
    Section 91.533 describes flight attendant requirements for 
airplanes with more than 19 passengers. The FAA proposed in Sec.  
194.302(kk) that this section apply to powered-lift with more than 19 
passengers onboard if the powered-lift are certificated for civil 
operations during the duration of the SFAR. The FAA received no 
comments on the proposed Sec.  194.302(kk) and therefore adopts Sec.  
194.302(kk) as final, though due to renumbering, it is being adopted as 
Sec.  194.302(tt).
7. Additional Equipment and Operating Requirements for Large and 
Transport Category Aircraft
    Section 91.603 requires that a transport category airplane be 
equipped with an aural speed warning device that complies with Sec.  
25.1303(c)(1). The FAA proposed in Sec.  194.302(ll) that this 
regulation apply to large powered-lift. As noted in the NPRM, the FAA 
also proposed that instead of Sec.  25.1303, the FAA may apply other 
airworthiness criteria it finds provide an equivalent level of safety 
in accordance with Sec.  21.17(b). The FAA did not receive any comments 
on the proposed Sec.  194.302(ll) and therefore adopts Sec.  
194.302(ll) as final, though due to renumbering, it is being adopted as 
Sec.  194.302(uu).
    Section 91.605 prescribes transport category civil airplane weight 
limitations. Section 91.605(a) prescribes takeoff requirements for 
transport category airplanes (other than a turbine-engine-powered 
airplane certificated after September 30, 1958). This regulation 
applies only to non-turbine powered airplanes that were type 
certificated without an Airplane Flight Manual. All new entrant 
powered-lift type certificated under Sec.  21.17(b) will be required to 
have an AFM; accordingly, the FAA did not propose to apply Sec.  
91.605(a) to powered-lift for this SFAR.
    Section 91.605(b) contains references to an Airplane Flight Manual 
and prohibits operations contrary to the flight manual. Section 
91.605(b)(1) states that no person operating a turbine-engine-powered 
transport category airplane may takeoff that airplane at a weight 
greater than that listed in the Airplane Flight Manual. The FAA 
proposed in Sec.  194.302(mm) to apply Sec.  91.605(b)(1) to large 
powered-lift--regardless of whether they will takeoff vertically or 
using wing-borne lift similar to an airplane--and that have the takeoff 
performance information in the AFM.
    Section 91.605(b)(2) stipulates no person operating a turbine-
engine-powered transport category airplane may takeoff at a weight 
(allowing for normal consumption of fuel and oil in flight to the 
destination or alternate airport) if the weight of the airplane on 
arrival would exceed the landing weight as contained in the Airplane 
Flight Manual taking in consideration the elevation of the destination 
or alternate airport and the ambient temperature anticipated at the 
time of landing. The FAA proposed in Sec.  194.302(nn) that paragraph 
(b)(2) apply to large powered-lift--regardless of whether they will 
land vertically or using wing-borne lift similar to an airplane--that 
have the landing performance information in the AFM.
    Section 91.605(b)(3) and (b)(4)(ii) also contain additional takeoff 
criteria for turbine-engine-powered transport category airplanes, such 
as wet runway and clearway distances. The FAA proposed in Sec.  
194.302(oo) to apply these requirements to certain large powered-lift. 
Section 91.605(c) sets specific requirements for takeoff distances and 
runway lengths for turbine-engine-powered transport category airplanes 
certificated after August 29, 1959. The FAA proposed in Sec.  
194.302(oo) that this paragraph apply to large powered-lift executing 
takeoff operations that utilize wing-borne lift and have takeoff 
performance information in the AFM.
    The FAA did not receive any comments on proposed Sec.  194.302(mm), 
(nn), or (oo). The FAA therefore adopts Sec.  194.302(mm), (nn), and 
(oo) as final, though due to renumbering, these sections are being 
adopted as Sec.  194.302(vv), (ww), and (xx).
    Section 91.609 prescribes the requirements for flight data 
recorders (FDR) and cockpit voice recorders (CVR) in large and 
transport-category U.S.-registered civil aircraft.\395\ The 
requirements are based, in part, on the passenger-seating configuration 
of each aircraft. The FAA proposed in Sec.  194.302(pp) that a powered-
lift, based on seating configuration but regardless of the type of 
powerplant, must comply with the certification provisions listed in 
Sec.  91.609(c)(3), (e)(1), and (i), or with such airworthiness 
criteria as the FAA may find provide an equivalent level of safety in 
accordance with Sec.  21.17(b). Furthermore, the FAA proposed that 
operators of powered-lift must comply with Sec. Sec.  194.312 or 
194.313 in lieu of the appendices referenced in Sec.  91.609(c)(1).
---------------------------------------------------------------------------

    \395\ The FAA notes that it published a Notice of Proposed 
Rulemaking pertaining to CVRs, but the proposal does not impact this 
final rule. See 25-hour Cockpit Voice Recorder (CVR) Requirement, 
New Aircraft Production, NPRM, 88 FR 84090 (Dec. 4, 2023).
---------------------------------------------------------------------------

    The FAA received four comments on the proposed Sec. Sec.  
194.302(pp), 194.312, and 194.313.
    ALPA argued that FDR and CVR should be required for powered-lift, 
regardless of seating capacity. ALPA further recommended that, in 
addition to requiring CVR and FDR recorders for all powered-lift, 
powered-lift operators should be required to install Flight Data 
Monitoring Systems (FDMS) to identify adverse trends and prevent 
accidents.
    The FAA has previously determined that the FDR requirement is 
appropriate

[[Page 92415]]

for only those multiengine, turbine-powered airplanes or rotorcraft 
that have a passenger seating configuration, excluding any pilot seats, 
of 10 or more. Due to the capability of powered-lift to operate in 
wing-borne flight mode and vertical-lift flight mode, the FAA will also 
require multiengine, turbine-powered powered-lift to comply with Sec.  
91.609(c)(1).
    In addition, the FAA has previously determined that the cockpit 
voice recorder (CVR) requirement is appropriate for only those 
multiengine, turbine-powered airplanes or rotorcraft that have a 
passenger seating configuration of six passengers or more and for which 
two pilots are required by type certification. Due to the capability of 
powered-lift to operate in the wing-borne flight mode and vertical-lift 
flight mode, the FAA will also require multiengine, turbine-powered 
powered-lift to comply with Sec.  91.609(e).
    Lastly, as stated in the NPRM, the costs imposed on operators and 
individuals complying with this rule would be no more burdensome than 
the costs incurred by entities and individuals complying with 
corresponding airplane and rotorcraft regulations that are already in 
effect. Requiring powered-lift to comply with FDR and CVR regardless of 
seating capacity is not consistent with current regulations. Moreover, 
the FAA determined that requiring equipment such as CVRs and FDRs for 
all powered-lift regardless of the seating capacity is not warranted at 
this time because the FAA does not have the data to support requiring 
that equipment to be installed on powered-lift with less than six 
passenger seats.
    An individual commenter stated that, although the NPRM mentions 
that powered-lift can operate using features of both helicopters or 
airplanes, the proposed rule only addresses two flight modes: wing-
borne and vertical-lift flight. The commenter argued that the most 
critical operating modes, as evidenced by historical accident, 
incident, and anomalous event data for the V-22 Osprey tilt-rotor, are 
during transition (VTOL-airplane) and conversion (airplane-VTOL), when 
the lift is being shared by engine-driven lift devices/engine thrust 
and the wing. The commenter argued that the rule should address 
powered-lift transition and conversion modes of flight.
    Although there is no table specific to ``transition'' and 
``conversion'' modes, the existing parameters listed in the published 
FDR tables include these flight modes (e.g., Sec.  194.310 contains a 
section that specifies ``Pilot inputted--Primary controls (i.e., 
Ascent, descent, acceleration and deceleration, heading and directional 
control for all axes)''). The FAA proposed requiring the FDR to record 
all data during the manipulation of all primary flight controls for all 
axes, which includes recording the full range during any transitions in 
and out of the vertical-lift flight mode.\396\ These parameters were 
included in Table 1 to Sec.  194.312 and Table 1 to Sec.  194.314 in 
the proposed SFAR. Therefore, the transition and conversion modes are 
incorporated into the SFAR FDR tables.
---------------------------------------------------------------------------

    \396\ See Section XIII (``Definitions'') for more information on 
how the FAA defines these flight modes in the final rule.
---------------------------------------------------------------------------

    ANAC asked the FAA to consider adopting the following requirement: 
``No person may operate a U.S. civil registered multiengine aircraft 
having a passenger seating configuration of six passengers or more 
unless it is equipped with an approved cockpit voice recorder.'' 
Lastly, ANAC suggested exploring the integration of lightweight flight 
recorders for voice and data recording.
    ANAC suggested that the required amount of recorded information be 
reduced from 25 hours to 10 hours due to the perceived limited 
endurance of powered-lift. However, the FAA notes that subpart G of 
part 91 applies to the operation of large and transport category U.S.-
registered civil aircraft. The FAA expects large and transport-category 
powered-lift to have endurances similar to transport-category airplanes 
and helicopters. Therefore, the FAA has determined that existing FDR 
requirements are appropriate for large and transport category U.S.-
registered civil powered-lift and will provide a level of safety 
equivalent to airplanes and rotorcraft. The FAA has previously 
determined that the CVR requirement is appropriate only for those U.S. 
civil registered multiengine, turbine-powered airplane or rotorcraft 
having a passenger seating configuration of six passengers or more and 
for which two pilots are required by type certification or operating 
rule. The FAA does not intend to expand this requirement to include 
aircraft for which only one pilot is required. Furthermore, as stated 
in the NPRM the costs imposed on operators and individuals complying 
with this rule would be no more burdensome than the costs incurred by 
entities and individuals complying with corresponding airplane and 
rotorcraft regulations that are already in effect. As such, requiring 
powered-lift to comply with the CVR requirements for aircraft requiring 
only one pilot is not consistent with current regulations and would 
create a financial burden on the operator.
    An anonymous commenter stated they are concerned that the proposed 
flight recorder parameters do not adequately address the unique design 
and operation of vertical lift vehicles. Furthermore, battery 
propulsion systems are not included in the proposed parameter list in 
this NPRM. The commenter asserted that, considering that the intent of 
battery technology is to replace legacy turbine-powered systems, 
powered-lift should be mandated to carry flight recording technology 
regardless of weight or passenger capacity. The FAA disagrees. The 
parameters specified in the proposed tables of Sec.  194.312 through 
Sec.  194.315 in the SFAR adequately encompass current powered-lift 
designs. The FAA proposed the requirement of the FDR to record all the 
pilots' inputs of the primary controls (i.e., ascent, descent, 
acceleration, and deceleration, heading and directional control for all 
axes). Thus, regardless of propulsion system or weight, the FDR would 
record the primary controls inputs.
    In summary, the FAA notes that subpart G of part 91 applies to the 
operation of large and transport-category U.S.-registered civil 
aircraft. The FAA expects large and transport-category powered-lift to 
have endurances similar to transport-category airplanes and 
helicopters. Therefore, the FAA has determined that existing CVR and 
FDR requirements are appropriate to large and transport category U.S. 
registered civil powered-lift and will provide a level of safety 
equivalent to airplanes and rotorcraft. The FAA does not intend to 
expand the current rule to include all powered-lift, regardless of 
powerplant, seating capacity, or number of pilots required. Requiring 
equipment such as CVRs and FDRs for all powered-lift is not warranted 
at this time because the FAA does not have the data to support 
requiring this equipment to be installed all powered-lift regardless of 
seating capacity. Furthermore, as stated in the NPRM, the costs imposed 
on operators and individuals complying with this rule would be no more 
burdensome than the costs incurred by entities and individuals 
complying with corresponding airplane and rotorcraft regulations that 
are already in effect. As a result of the foregoing, the FAA adopts 
Sec.  194.302(pp)(1) and (2) as final, though due to renumbering, those 
provisions are adopted as Sec.  194.302(yy)(1) and (2).
    Section 91.609(d) requires that, whenever a flight recorder 
required by Sec.  91.609 is installed, it must be operated continuously 
from the instant the airplane begins the takeoff roll or the

[[Page 92416]]

rotorcraft begins lift-off to when the airplane has completed the 
landing roll or the rotorcraft has landed at its destination. The FAA 
proposed in Sec.  194.302(pp)(3) to require powered-lift to comply with 
this section by requiring that the flight recorder be operated 
continuously from the earlier point at which the powered-lift begins 
the takeoff roll or begins lift-off until the latter point when the 
powered-lift has completed the landing roll or has landed at its 
destination. The FAA did not receive any comments on this proposal and 
therefore adopts Sec.  194.302(pp)(3) as final, though due to 
renumbering, it is being adopted as Sec.  194.302(yy)(3).
    Section 91.609(i) describes the CVR requirements for airplanes or 
rotorcraft manufactured on or after April 7, 2010. Section 91.609(j) 
describes the requirements for recording datalink messages in airplanes 
or rotorcraft when the datalink communication equipment was installed 
on or after April 6, 2012. The FAA considers CVRs and FDRs to be 
necessary safety equipment on airplanes and rotorcraft and proposed in 
Sec.  194.302(pp) that these requirements also be applicable to 
powered-lift. The FAA did not receive any comments related to Sec.  
91.609(i) and (j). The FAA therefore adopts Sec.  194.302(pp) as final, 
though due to renumbering, it is being adopted as Sec.  194.302(yy).
    Section 91.611 authorizes ferry flights with one engine inoperative 
for airplanes with three or four engines. The rule was written 
specifically for airplanes and is based on airplane performance 
characteristics. The FAA acknowledged that some powered-lift may 
operate as an airplane during takeoff but determined this section 
should not be applicable to large powered-lift under the SFAR due to 
the lack of data to support safe powered-lift operations with an 
inoperative engine.
    The FAA received one comment related to Sec.  91.611 from BETA, who 
recommended that the FAA make Sec.  91.611 applicable to all powered-
lift for which the AFM contains procedures for normal flight operations 
without all engines operating. BETA stated the FAA's decision to 
exclude Sec.  91.611 from the SFAR unnecessarily restricts operations 
of powered-lift that during the type certification process establish 
that the aircraft can safely perform normal flight operations without 
all engines operating.
    The FAA notes that Sec.  91.611 was written specifically for 
airplanes and is based on airplane performance characteristics. The FAA 
acknowledges that some powered-lift may operate as an airplane during 
takeoff but determined this section should not be applicable to large 
powered-lift under the SFAR due to the lack of data to support safe 
powered-lift operations with an inoperative engine. The FAA expects to 
obtain more data during the term of this SFAR to determine if powered-
lift can safely operate with an inoperative engine. The FAA further 
notes that the applicability section subpart G of part 91 applies to 
the operation of large and transport category U.S.-registered civil 
aircraft. The A250, a powered-lift mentioned in BETA's comment, is not 
a large nor a transport category U.S.-registered civil aircraft and 
therefore is not subject to the requirements of subpart G of part 91.
    Section 91.613 requires airplane compartment interiors to meet the 
flame propagation requirements set forth in Sec. Sec.  25.853 or 
25.856. For large powered-lift, the FAA proposed in Sec.  194.302(qq) 
that the thermal/acoustic installation materials required by Sec.  
91.613(b)(2) meet the requirements of Sec.  25.856 or such 
airworthiness criteria as the FAA may find provide an equivalent level 
of safety in accordance with Sec.  21.17(b). Section 91.613(a) does not 
apply to powered-lift because SFAR 41 terminated in September 1983 and 
is limited to type design changes for airplanes issued prior to October 
1979. The FAA did not receive any comments related to Sec.  194.302(qq) 
and therefore adopts Sec.  194.302(qq) as final, though due to 
renumbering, it is being adopted as Sec.  194.302(zz).
8. Waivers
    Section 91.903 permits the Administrator to issue a certificate of 
waiver authorizing the operation of aircraft in deviation from any rule 
listed under Sec.  91.905 if the Administrator finds that the proposed 
operation can be safely conducted under the terms of that certificate 
of waiver. In the NPRM, the FAA proposed a permanent change to Sec.  
91.903 that would allow the FAA to issue certificates of waiver for any 
of the part 91 operating rules as modified by part 194. In other words, 
each corresponding part 194 operating rule addressing a waivable part 
91 rule will also be waivable. For example, Sec.  91.107 is a waivable 
regulation under Sec.  91.905. Similarly, Sec.  194.302(c), which 
applies Sec.  91.107 to powered-lift, will also be waivable under the 
Sec.  91.903 amended language. For any rules that are not waivable, a 
powered-lift operator may still petition for an exemption. The FAA did 
not receive comments regarding proposed Sec.  91.903(a) and finalizes 
the amendment as proposed.
9. Fractional Ownership Operations
    Section 91.1037 addresses the requirements for operating large 
transport category airplanes at destination and alternate airports. The 
FAA perceives that large powered-lift will operate similar to large 
transport-category airplanes when considering altitude, distance, 
speed, passenger carrying capacity, passenger safety, composition of 
flight crew, operating environment (e.g., over water), and required 
safety and rescue equipment. Therefore, the FAA proposed that large 
transport category powered-lift comply with Sec.  91.1037 as set forth 
in Sec.  194.302(rr). Furthermore, the FAA proposed that if a specific 
powered-lift meets the requirements of Sec.  91.1037, then all of the 
requirements of Sec.  91.1025(o), including Sec.  91.1025(o)(7) which 
currently only applies to airplanes, will be applicable, as set forth 
in Sec.  194.302(rr)(i). The FAA did not receive any comments related 
to Sec.  194.302(rr) and therefore adopts Sec.  194.302(rr) as final, 
though due to renumbering, it is being adopted as Sec.  194.302(aaa).
    Section 91.1041 addresses aircraft proving and validation tests. 
Section 91.1041 sets out the parameters and the requirements for when 
proving and validation tests must be accomplished by a fractional 
ownership program.
    Section 91.1041(b) requires a fractional ownership program manager 
to conduct proving tests in a turbojet airplane if they have not 
previously proved a turbojet airplane. The FAA proposed in Sec.  
194.302(ss) that a fractional ownership program manager that has not 
previously proven a powered-lift in operations under subpart K, be 
required to conduct at least 25 hours of proving tests acceptable to 
the Administrator as detailed in Sec.  91.1041(b)(1) through (3).
    Under Sec.  91.1041(d), the FAA requires validation testing for 
certain authorizations, for operations outside U.S. airspace, and for 
the addition of certain aircraft that were previously proved or 
validated but are not of the same make or model, or of similar design. 
These tests are required for aircraft that require two pilots for 
flight in VFR conditions, or turbojet airplanes. Under Sec.  
194.302(ss), the FAA proposed applying Sec.  91.1041(d) to powered-lift 
that are subject to the requirements of subpart K of part 91. The FAA 
did not receive comments regarding Sec.  91.1041(d).
    The FAA received one comment from Lilium regarding the 25-hour 
proving test requirement under Sec.  91.1041(b). Lilium urged the FAA 
to consider

[[Page 92417]]

adopting a tailored approach to this requirement. Specifically, Lilium 
stated the FAA could require program managers to conduct a series of 
proving tests, each focusing on a specific aspect of the aircraft's 
operation, and that the proving test period should be tailored to the 
expected geographical routes and flight times of the program.
    Powered-lift, regardless of the powerplant, have additional 
complexity due to their design and operation. These features have not 
been available and experienced by the civilian market to date. Although 
Lilium proposed a specific strategy for tailoring the proving test 
requirements, Sec.  91.1041(g) already allows the Administrator to 
authorize deviations from the proving and validation testing 
requirements if the Administrator finds that special circumstances make 
full compliance with this section unnecessary. As a result of this 
deviation authority, no additional regulatory revisions are required. 
The FAA accepts Sec.  194.302(ss) as final, though due to renumbering, 
it is being adopted as Sec.  194.302(bbb).
    Section 91.1045 contains additional safety equipment requirements 
for program aircraft. The FAA proposed that this rule apply to certain 
powered-lift in proposed Sec.  194.302(tt) and (uu).
    For powered-lift with more than 30 seats or a payload capacity of 
more than 7,500 pounds, the FAA proposed that Sec.  91.1045(a) applies; 
and for powered-lift with 30 seats or fewer and a payload capacity of 
7,500 pounds or less, Sec.  91.1045(b) applies. Furthermore, the FAA 
proposed that Sec.  91.1045(a)(3) and (b)(3) apply to powered-lift, and 
that instead of TAWS, a powered-lift must be equipped with an HTAWS 
that meets the requirements of TSO-C194 and Section 2 of RTCA DO-309 or 
a FAA-approved TAWS A/HTAWS hybrid system.
    Section 91.1045(b)(5) refers to airborne thunderstorm detection 
equipment required by Sec.  135.173 and airborne weather radar required 
by Sec.  135.175. This section is applicable to airplanes having a 
passenger-seat configuration of 30 seats or fewer, excluding each 
crewmember, and a payload capacity of 7,500 pounds or less, and any 
rotorcraft (as applicable). The FAA proposed in Sec.  194.302(uu) that 
Sec.  91.1045(b)(5) apply to powered-lift. As an additional note, the 
requirements of Sec. Sec.  135.173 and 135.175 apply as-written to 
powered-lift because they apply to aircraft and the FAA is not 
proposing to apply the helicopter provisions of those sections to 
powered-lift.
    EASA asked if the FAA expects to issue a waiver from the 
requirement for powered-lift to be equipped with thunderstorm detection 
equipment. Although not explicitly stated, it appears EASA is 
referencing Sec.  91.1045. The FAA does not issue waivers to this rule. 
However, an individual or entity may seek relief from this rule, in the 
form of an exemption, by following the criteria set forth in 14 CFR 
part 11. The FAA will consider any exemption request that is submitted 
in accordance with 14 CFR part 11.
    The FAA is adopting Sec.  194.302(tt) and (uu) as proposed, though 
due to renumbering, these sections are being adopted as Sec.  
194.302(ccc) and (ddd).
    The FAA notes applicability of pilot qualifications and training 
requirements in Subpart K of part 91 are discussed in section V.L. of 
this preamble.
    With the exception of Sec.  91.1109(b)(4), Sec.  91.1109 applies to 
powered-lift because it is generally applicable to aircraft. Section 
91.1109(b) requires each person desiring to establish or change an 
approved inspection program under this section to submit the inspection 
program for approval to the Flight Standards office that issued the 
program manager's management specifications. Under Sec.  91.1109(b)(4), 
the inspection program may be derived from an airplane inspection 
program approved under Sec.  125.247 and currently in use under part 
125. The FAA recently proposed to amend the applicability of part 119 
and allow powered-lift operations in part 125 in the Update to Air 
Carrier Definitions NPRM. However, the FAA did not include part 125 in 
this SFAR. Although Sec.  91.1109(b)(4) is not applicable to powered-
lift, the remaining provisions in Sec.  91.1109 apply to powered-lift 
because they apply to all aircraft.
    Additionally, the FAA notes that Sec.  91.1115(b)(1) uses the word 
``airplane'' and the rest of paragraph (b) uses the word aircraft. The 
FAA proposed a technical amendment to Sec.  91.1115(b)(1) to change the 
word ``airplane'' to ``aircraft.'' Changing this reference will not 
adversely affect any other category of aircraft. As changed, this 
section would then apply to powered-lift. The Continuous Airworthiness 
Maintenance Program (CAMP) program manager is primarily responsible for 
maintaining the airworthiness of the program aircraft, including 
airframes, aircraft engines, propellers, rotors, appliances, and parts, 
including for powered-lift. The CAMP manager is also responsible for 
maintaining the operations manual and maintaining the records required 
by Sec.  91.1427 for the specified amount of time. The FAA did not 
receive any comments on the proposed Sec.  91.1115(b)(1) and therefore 
adopts it as final.

C. Part 97 Rules for Powered-Lift

    Title 14 CFR part 97 prescribes standard instrument approach 
procedures, obstacle departure procedures, and weather minimums that 
apply to IFR takeoffs and landings at civil airports in the United 
States. It further defines copter procedures as helicopter procedures, 
with applicable minimums as prescribed in Sec.  97.35. The definition 
is limited to helicopters because when part 97 was promulgated, the FAA 
did not envision that aircraft would have hybrid airplane and 
helicopter characteristics. Consequently, powered-lift are currently 
excluded from using copter procedures, even if they can perform the 
operations safely. The purpose of this section of the SFAR is to 
propose a regulatory pathway that allows powered-lift to use the copter 
procedures defined in Sec.  97.3.
    In the NPRM, the FAA proposed Sec.  194.305 to ensure that powered-
lift seeking to use copter procedures can be certified under Sec.  
21.17(b), be approved for IFR operations, and meet equivalent system 
design and stability as helicopters currently type certificated for 
instrument flight under part 27 and appendix B to part 29. If the 
powered-lift does not meet that equivalency, the aircraft's flight 
manual will contain a limitation prohibiting use of copter procedures. 
As explained in the NPRM, the specific airworthiness standards will be 
established during the type certification process. The criteria the FAA 
considers necessary for powered-lift to conduct copter procedures under 
part 97 are provided in greater detail in the NPRM.\397\
---------------------------------------------------------------------------

    \397\ See 88 FR 39040-39041 (June 14, 2023). Specifically, the 
NPRM further explains the TERPs Manuals and Copter instrument 
procedures (IP) process, as well as the airworthiness evaluation 
process for copter procedures. 88 FR 39040 (June 14, 2023). The NPRM 
also explains that the minimums prescribed for copter procedures are 
not published in the Code of Federal Regulations; rather, the 
Standard for Terminal Instrument Procedures (TERPs) are documented 
on FAA Forms 8260-3, 8260-4, 8260-5, and 8260-15A, and depicted on 
aeronautical charts published by the FAA. They are incorporated by 
referenced pursuant to 5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------

    The FAA received five public comments that were in support of the 
proposed language. Joby and Bristow generally supported the language. 
Both commenters (from CAE and National Business Aviation Association 
(NBAA)) considered the draft language to be a practical application of 
IFR procedures to powered-lift and expressed their support. GAMA 
expressed very strong support of the draft language allowing certified 
powered-lift to use helicopter procedures stating it is ``welcomed by 
industry stakeholders.''

[[Page 92418]]

    Therefore, the FAA adopts Sec.  194.305 as proposed.

D. Part 135 Rules for Powered-Lift

    The FAA conducted a review of the part 135 regulations to identify 
which rules specified aircraft, airplane, helicopter, rotorcraft, or 
powered-lift in the text of the rule. All part 135 regulatory 
requirements imposed on ``aircraft'' apply to powered-lift, so any 
portions of part 135 which are silent to aircraft category are 
applicable to all part 135 operations conducted with powered-lift. The 
FAA considered the safety aspects of the rule and whether powered-lift 
have similar operating and performance characteristics to airplanes or 
helicopters, and determined which should be applicable to powered-lift. 
This final rule uses existing requirements for airplane, helicopter, or 
rotorcraft and includes some new requirements specifically for powered-
lift. This final rule will apply to all powered-lift when used in part 
135 operations.
    In response to comments received, the FAA drafted some new 
performance-based requirements. These new requirements allow the use of 
some helicopter rules as long as the operator complies with the 
appropriate risk mitigations that are detailed in the final rule, as an 
alternative to the airplane rules. Therefore, there is no longer a 
distinct dividing line between airplane or helicopter rules being 
applicable to powered-lift, so the final rules below are listed in 
numerical order.
1. Subpart A: General
    Subpart A prescribes requirements regarding the applicability, 
manual requirements, aircraft requirements, and crewmember certificate 
requirements for part 135.
    Section 135.1 outlines the applicability of part 135. In 
particular, Sec.  135.1(a)(9) lists helicopter air ambulance (HAA) 
operations, as defined in Sec.  135.601(b)(1), as being governed by 
part 135. Regulations for HAA operations are found in subpart L of part 
135. As discussed in section VI.D.8. of this preamble, the FAA is 
applying subpart L of part 135 to powered-lift that conduct air 
ambulance operations. Therefore, it is necessary for Sec.  135.1(a)(9) 
to be applicable to powered-lift that conduct air ambulance operations. 
The application of Sec.  135.1(a)(9) to powered-lift conducting air 
ambulance operations was proposed in Sec.  194.308(a).
    The FAA received one comment from GAMA on proposed Sec.  
194.308(a). GAMA requested that powered-lift be treated as helicopters 
for the purposes of Sec.  135.1(a)(9). As the FAA proposed that Sec.  
135.1(a)(9) be applicable to powered-lift conducting air ambulance 
operations, GAMA's comment was already addressed in the NPRM. 
Therefore, the FAA adopts Sec.  194.308(a) as final, but as a result of 
renumbering it is now Sec.  194.306(a).
    Section 135.23 specifies the required content for those operators 
required to have a manual under Sec.  135.21. Section 135.23(r) 
specifies the manual content requirements of a Destination Airport 
Analysis. However, the Destination Airport Analysis manual content 
requirements are only required if a Destination Airport Analysis is 
required by Sec.  135.385 (``Large transport category airplanes: 
Turbine engine powered: Landing limitations: Destination Airports''). 
As specified in section VI.D.6. of this preamble, Sec.  135.385 applies 
to large powered-lift per Sec.  194.306(hhh) and (iii).
    In the NPRM, the FAA proposed in Sec.  194.307(a) that, if a large 
powered-lift is required by Sec.  194.307(qq) and (rr) to comply with 
Sec.  135.385, then the requirements of Sec.  135.23(r)(7) would be 
applicable to powered-lift.
    The FAA received no comments on proposed Sec.  194.307(a); however, 
the FAA determined that clarification on Sec.  135.23(r) is necessary. 
Although subparagraph (r)(7) contains the only specific reference to 
``airplane'' under Sec.  135.23, the FAA is revising the proposed 
regulatory text under Sec.  194.307(a) to reference ``Section 
135.23(r)'' instead of ``(r)(7)'' because the introductory text to 
paragraph (r) of Sec.  135.23 cross-references an airplane-specific 
section of part 135 (Sec.  135.385). As a result, to minimize any 
confusion of whether all of Sec.  135.23(r) applies to powered-lift, 
the FAA is revising Sec.  194.307(a) to state ``Section 135.23(r)''. 
The FAA therefore adopts Sec.  194.307(a) as revised, but as a result 
of renumbering, it is now Sec.  194.306(b).
2. Subpart B: Flight Operations
    Subpart B prescribes requirements for flight operations under part 
135.
    Section 135.93 details minimum altitudes for use of an autopilot. 
The altitude requirements of this section are in place to provide 
pilots with sufficient altitude for obstacle clearance, taking into 
consideration the reaction time needed to disengage the autopilot and 
apply a corrective action should an autopilot malfunction occur.
    In the NPRM, the FAA stated that the autopilot requirements in 
Sec.  135.93(a)-(f) would apply to powered-lift because the section is 
generally applicable to aircraft. While Sec.  135.93 is applicable to 
aircraft in general, Sec.  135.93(g) excludes rotorcraft from having to 
comply with the minimum altitudes for use of an autopilot. However, the 
FAA chose in the NPRM to not apply the exception in Sec.  135.93(g) to 
powered-lift.
    In Sec.  194.307(b), the FAA proposed to apply the requirements 
referencing the ``airplane'' flight manual to powered-lift, as 
reflected in a powered-lift's AFM. The FAA anticipated that powered-
lift will conduct most of their autopilot-controlled flight operations 
much like an airplane (in wing-borne flight mode), with the lift being 
primarily produced by the wings thereby enabling a powered-lift to 
travel at a greater forward velocity than a helicopter.
    The FAA received three comments on proposed Sec.  194.307(b). The 
commenters argue that the requirement to use airplane regulations for 
this rule is prohibitive, short sighted, and is not in the public's 
interest. Commenters recommended using ICAO direction, which utilizes 
the helicopter rules.
    AWPC asserted that restricting the use of an autopilot in their 
aircraft below 500 feet AGL is prohibitive. The commenter suggested 
this is against public interest since their aircraft is capable of 
sustained hovering maneuvers and is expected to be used for Search and 
Rescue (SAR) operations at minimum use heights 30 feet above the 
surface. AWPC indicated that their aircraft will have specific 
autopilot modes--such as radar altimeter hold, transition down to a 
hover, barometric altimeter hold, and winchman trim mode--and contends 
the use of an autopilot should be based on aircraft capabilities. 
Therefore, AWPC argued that their aircraft should be allowed to engage 
the autopilot at a certified minimum use heights under the same 
regulations as permitted for helicopters in Sec.  135.93(g).
    AUVSI asserted the FAA's proposal falls short in regard to 
supporting autonomy, including advanced autopilots, by applying the 
airplane altitude requirements of Sec.  135.93. The commenter also 
asserted the FAA is short sighted and safety-limiting by not 
considering a fully autonomous auto flight system. AUVSI contended the 
FAA is prohibiting a safety-enhancing system from being able to be used 
during some of the phases of flight most susceptible to pilot error 
accidents when autonomous takeoff and landing are being routinely 
demonstrated by eVTOL (and other) aircraft today.
    GAMA submitted a comment indicating it represents consensus 
recommendations from the following powered-lift member companies: AIR, 
Joby, Vertical Aerospace Group, Airbus Helicopters, AWPC, Volocopter, 
Archer,

[[Page 92419]]

Lilium, Wisk, BETA, Overair, Zipline, EVE Air Mobility, and Supernal. 
In this comment, they conducted a gap analysis with those regulations 
they identified and the ICAO guidance to determine whether helicopter 
or airplane rules should apply. In general, GAMA recommended that the 
FAA use the ICAO Document 10103 and apply rules for helicopters to 
powered-lift most of the time. They stated these recommendations were 
crafted by broad powered-lift industry consensus and supports their 
entry into service by 2024. GAMA's group comment requested that 
powered-lift be included in the rotorcraft exception of Sec.  
135.93(g), which means there would be no minimum altitudes for the use 
of an autopilot installed on powered-lift.
    The FAA has evaluated the comments and the information that AWPC 
provided in their comment regarding the capabilities that are built 
into their autopilot system and the type of operations where the 
autopilot use would be desirable. This prompted the FAA to reconsider 
the proposal from the NPRM to unilaterally apply the autopilot enroute 
requirements of Sec.  135.93(c) to all powered-lift. Due to the hybrid 
nature of powered-lift and the varying performance capabilities of 
these aircraft designs, the FAA determined unilaterally applying the 
rotorcraft exception of Sec.  135.93(g) would not necessarily provide 
the safety parameters for enroute operations currently set forth in 
Sec.  135.93(c) to all powered-lift designs.
    In response to the comments received, for those powered-lift 
manufacturers that have requested the FAA to evaluate the autopilot 
system and to subsequently have a published minimum engagement altitude 
for enroute operations in the AFM, the FAA is providing a performance-
based alternative for those aircraft. This performance-based 
alternative would permit a powered-lift to conduct enroute operations 
with the autopilot engaged below 500 feet. For an autopilot system to 
have a minimum engagement altitude for enroute operations specified in 
the AFM, it must be shown during type certification that the powered-
lift can be safely operated at the minimum engagement altitude. 
However, if no minimum engagement altitude is specified in the AFM, 
then a powered-lift could not use the autopilot in enroute operations 
below 500 feet or at an altitude that is no lower than twice the 
altitude loss specified in the AFM for an autopilot malfunction in 
cruise conditions, whichever is greater.
    The addition of the performance-based alternative will maintain the 
level of safety provided by the current rule since the autopilot system 
will be evaluated during the aircraft certification process. During the 
type certification of the powered-lift the authorizations and 
limitations of the aircraft autopilot system can be documented in the 
AFM. For those powered-lift that do not have a minimum engagement 
altitude specified in the AFM, safety will be maintained because the 
autopilot in the powered-lift may not be used enroute either below 500 
feet, or at an altitude that is twice the altitude loss specified in 
the AFM for an autopilot malfunction, whichever is higher, and this is 
consistent with the current requirements of Sec.  135.93(c).
    GAMA recommended to follow the ICAO requirements, which would use 
the helicopter rule. The FAA disagrees with GAMA's recommendation and 
believes that due to the hybrid nature of powered-lift and the varying 
performance capabilities of these aircraft designs, unilaterally 
applying the rotorcraft exception of Sec.  135.93(g) would not 
necessarily provide the safety parameters currently set forth in Sec.  
135.93(a)-(f) to all powered-lift designs, and they should be required 
to adhere to the autopilot limitations provided in their AFM.
    Therefore, the FAA has amended Sec.  194.307(b), which as a result 
of renumbering is now Sec.  194.306(c), to provide powered-lift a 
performance-based alternative for enroute use of autopilots. The FAA is 
also retaining the provision in Sec.  135.93(c)(3) which permits 
enroute use of the autopilot at an altitude specified by the 
Administrator.
    Section 135.100 details flightcrew member duties and activities in 
relation to critical phases of flight. Section 135.100 defines 
``critical phases of flight'' as including ``all ground operations 
involving taxi, takeoff and landing, and all other flight operations 
conducted below 10,000 feet, except cruise flight.'' A note appended to 
Sec.  135.100 states that ``taxi'' is defined as ``movement of an 
airplane under its own power on the surface of an airport.'' The FAA 
adopted the Sec.  135.100 note in 1981 (Elimination of Duties final 
rule, 46 FR 5500). As illustrated by the Sec.  135.100 note's focus on 
airplanes, people often only associate the ground movement of airplanes 
with taxiing. However, there are comparable movements of aircraft under 
their own power, such as ground taxiing by wheeled helicopters. The 
narrowed focus of the Sec.  135.100 note limits the restrictions in 
Sec.  135.100 just to airplanes, even though helicopters and powered-
lift may have the ability to move under their own power in a similar 
manner. To maintain an equivalent level of safety for all aircraft 
conducting operations at an airport, regardless of the category of 
aircraft and the kind of taxiing they do, all movement of any aircraft 
under its own power at an airport must be done free from distraction of 
non-safety related duties and activities. As such, the FAA proposed in 
the NPRM to amend the note as a permanent change in Sec.  135.100 by 
broadening the term to ``aircraft'' from ``airplane,'' and by applying 
references to ``taxi'' in Sec.  135.100 to all categories of aircraft. 
This change would satisfy the intent of the rule by requiring a sterile 
cockpit environment for all aircraft during critical phases of flight, 
which improves safety by reducing distractions for all aircraft 
operations, including powered-lift.
    The FAA received one comment on Sec.  135.100 from an individual, 
who indicated that the proposed definition of ``taxi'' under Sec.  
135.100 does not fully encompass the capabilities or current operating 
procedures for powered-lift. Specifically, the commenter noted that 
some powered-lift have the design capability to hover taxi, which the 
commenter noted was defined in the Pilot-Controller Glossary as 
``movement conducted above the surface and in ground effect at 
airspeeds less than approximately 20 knots.'' The commenter recommended 
amending the note in Sec.  135.100 to incorporate the Pilot-Controller 
Glossary definition of hover taxi to accommodate these types of 
powered-lift.
    The FAA agrees with the commenter that the note in Sec.  135.100 
does not fully encompass the capabilities or current operating 
procedures for powered-lift. To ensure the sterile cockpit requirements 
are being applied during all critical phases of flight, including 
various forms of taxiing, the FAA is adding both hover taxi and air 
taxi from the Pilot Controller Glossary to the existing note in Sec.  
135.100. This will ensure that flight crewmembers are not distracted 
when taxiing their aircraft, whether such taxiing is traditional ground 
taxiing, hover taxiing, or air taxiing. Therefore, the FAA is amending 
Sec.  135.100 as a permanent change to add paragraph (d), which 
includes both hover and air taxi under the definition of ``taxi.''
    Section 135.117(a) requires each PIC of an aircraft carrying 
passengers to ensure that passengers have been orally briefed on 
certain specific items. In particular, Sec.  135.117(a)(6) requires 
that, for flights involving extended overwater operations, passengers 
must be orally briefed on ditching procedures and the use of required 
flotation equipment.

[[Page 92420]]

With respect to helicopters, an extended overwater operation is defined 
in Sec.  1.1 as an operation over water at a horizontal distance of 
more than 50 nautical miles from the nearest shoreline and more than 50 
nautical miles from an off-shore heliport structure. Section 
135.117(a)(6) applies to all aircraft, including powered-lift 
conducting extended overwater operations as defined in Sec.  194.103.
    In addition, Sec.  135.117(a)(9) requires that, before each 
takeoff, the PIC of a rotorcraft that involves flight beyond the 
autorotational distance from the shoreline must ensure that all 
passengers have been orally briefed on the use of life preservers, 
ditching procedures, and emergency exit from the rotorcraft in the 
event of a ditching. This briefing must include the location and use of 
life rafts and other life preserver devices as applicable.\398\ In the 
NPRM, the FAA proposed applying Sec.  135.117(a)(9) to powered-lift in 
Sec.  194.308(b).
---------------------------------------------------------------------------

    \398\ ``As applicable'' means if the aircraft is carrying rafts 
or other life preserver devices onboard, passengers must be briefed 
on the location and use of these items.
---------------------------------------------------------------------------

    The FAA received one comment from GAMA, cosigned by other industry 
stakeholders on proposed Sec.  194.308(b). Regarding Sec.  135.117, 
GAMA recommended the FAA apply the ICAO guidance and use the paragraphs 
stipulated for airplanes for powered-lift, rather than the regulations 
for rotorcraft.
    The FAA disagrees with GAMA's recommendation to only apply the 
airplane provisions of Sec.  135.117 to powered-lift operations. 
Powered-lift may have the ability to glide, autorotate, or both. Not 
all powered-lift designs may be able to perform a glide and ditch 
similar to an airplane in an emergency. For those powered-lift that are 
unable to glide and can only conduct an autorotation in an emergency, 
it is critical to ensure that passengers receive the briefing required 
by Sec.  135.117(a)(9). Failing to require the Sec.  135.117(a)(9) 
briefing would expose passengers to unnecessary risk in the event of a 
water landing.
    Additionally, the FAA does not have the historical data on powered-
lift designs to assert that the positive buoyancy characteristics and 
the potential to float for a longer period of time--characteristics of 
airplane designs--will exist in powered-lift. Therefore, the FAA will 
address powered-lift as helicopters for the purpose of overwater 
operations.
    In response to the comment received, the FAA did not make any 
changes to the proposed regulatory text. Therefore, the FAA adopts 
Sec.  194.308(b) as final, but as a result of renumbering, it is now 
Sec.  194.306(d).
    Section 135.128 regulates the use of safety belts and child 
restraint systems, requiring that each person onboard an aircraft 
operated under part 135 occupy an approved seat or berth with a 
separate safety belt properly secured about him or her during movement 
on the surface, takeoff, and landing. For seaplane and float equipped 
rotorcraft operations during movement on the surface, Sec.  135.128(a) 
makes clear that the person pushing off the seaplane or rotorcraft from 
the dock and the person mooring the seaplane or rotorcraft at the dock 
are excepted from the seating and safety belt requirements. This is 
because a pilot would be unable to moor or launch a seaplane or a float 
equipped rotorcraft unless a pilot or passenger has their safety belt 
or shoulder harness unfastened so that they can vacate their seat for 
the purpose of launching or mooring the seaplane or float equipped 
rotorcraft.
    In the NPRM, the FAA proposed in Sec.  194.307(c) to apply the 
exception delineated in Sec.  135.128(a) to powered-lift pilots or 
passengers when the powered-lift is operating like a seaplane or a 
float equipped rotorcraft. The FAA received no comments on proposed 
Sec.  194.307(c). Therefore, the FAA adopts Sec.  194.307(c) as final, 
but as a result of renumbering, it is now Sec.  194.306(e).
3. Subpart C: Aircraft and Equipment
    Subpart C prescribes requirements for aircraft and associated 
equipment for operations under part 135.
    Section 135.145 sets out the parameters and the requirements for 
the Proving and Validation Tests that must be accomplished by a 
certificate holder.\399\ In the NPRM, the FAA proposed in Sec.  
194.307(d) that, if a certificate holder has not previously proven a 
powered-lift in operations under part 135, they would be required to 
conduct at least 25 hours of proving tests as detailed in Sec.  
135.145(b)(1) through (3).
---------------------------------------------------------------------------

    \399\ Proving tests are necessary to evaluate each certificate 
holder's ability to conduct operations safely and in accordance with 
the applicable regulations.
---------------------------------------------------------------------------

    Section 135.145(d)(1) requires validation tests for the addition of 
an aircraft that requires two pilots for flight in VFR conditions, or 
turbojet airplanes. In the NPRM, the FAA proposed in Sec.  194.307(e) 
that validation testing required by Sec.  135.145(d)(1) would apply to 
all powered-lift. Under the proposed Sec.  194.307(e), validation 
testing would be required when an operator requests authorization to 
use a powered-lift, unless a powered-lift of the same make or similar 
design has been previously proved or validated by that operator in 
operations under part 135.
    EASA supported the FAA's intent ``to ensure powered-lift operate to 
the highest level of safety in part 135,'' as noted in the FAA's 
rationale for proposed Sec.  194.307 in Notice 23-8. EASA asked if the 
FAA intends to have increased safety requirements similar to part 121 
operations.
    In the SFAR, the FAA intends for powered-lift to comply with the 
level of safety provided in part 135. To require powered-lift to comply 
with a higher regulatory requirement than already stipulated in part 
135 would place an undue burden on powered-lift operators with no basis 
to support higher regulatory requirements, such as those found in part 
121.
    In response to the comments received, the FAA did not make any 
changes to the proposed regulatory text. Therefore, the FAA adopts 
Sec.  194.307(d) and (e) as final, but as a result of renumbering, they 
are now Sec.  194.306(f) and (g), respectively.
    Section 135.150 requires a public address and crewmember interphone 
systems for aircraft that have a passenger seating configuration of 
more than 19, excluding any pilot seat. Section 135.150 works in 
conjunction with Sec.  25.1423, which requires any public address (PA) 
system that is required for use in air carrier service to be powered by 
a source that remains powered when the aircraft is in flight or stopped 
on the ground, after the shutdown or failure of all engines and 
auxiliary power units, or the disconnection or failure of all power 
sources dependent on their continued operation.
    The FAA proposed in Sec.  194.307(f) that, for large powered-lift, 
the public address system required by Sec.  135.150(a)(7) must comply 
with Sec.  25.1423 or such airworthiness criteria as the FAA may find 
provides an equivalent level of safety in accordance with Sec.  
21.17(b). Additionally, the FAA proposed in Sec.  194.307(g) that for 
large powered-lift that have more than 19 passenger seats, regardless 
of the type of powerplant, the crewmember interphone system must comply 
with the requirements of Sec.  135.150(b)(7) or such airworthiness 
criteria as the FAA may find provide an equivalent level of safety in 
accordance with Sec.  21.17(b).
    The FAA received no comments on proposed Sec.  194.307(f) and (g). 
Therefore, the FAA adopts Sec.  194.307(f) and (g) as final, but as a 
result of renumbering,

[[Page 92421]]

they are now Sec.  194.306(h) and (i), respectively.
    Section 135.151 requires cockpit voice recorders (CVRs) on certain 
turbine-powered airplanes and rotorcraft. CVRs enhance safety and are 
required in turbine-powered airplanes and rotorcraft carrying a certain 
passenger count as a necessary hazard analysis tool used during an 
accident investigation. In the NPRM, the FAA proposed in Sec.  
194.307(h) through (m) to require CVRs for powered-lift with the same 
seating configurations and pilot requirements that are in Sec.  
135.151. In Sec.  194.307(h), the FAA proposed that powered-lift which 
have a passenger seating configuration of six or more and for which two 
pilots are required by certification or operating rules, or that have a 
passenger seating configuration of 20 or more seats will be required to 
comply with Sec.  135.151(a) or (b), regardless of the type of 
powerplant. In Sec.  194.307(k), the FAA proposed applying Sec.  
135.151(g)(1) to powered-lift with a passenger seating configuration of 
six or more seats, for which two pilots are required by certification 
or operating rules, and that are required by Sec.  135.152 to have a 
flight data recorder. In Sec.  194.307(l), the FAA proposed applying 
Sec.  135.151(g)(2) to powered-lift with a passenger seating 
configuration of twenty or more seats and which are required by Sec.  
135.152 to have a flight data recorder. The FAA also proposed in Sec.  
194.307(j) and (m) that, although Sec.  135.151(d) and (h) reference 
airplanes or rotorcraft, these paragraphs will also apply to powered-
lift to ensure that uninterrupted audio signals are recorded and that 
all datalink messages are recorded when required. The FAA will include 
CVR airworthiness requirements during type certification based on an 
applicant's proposed operational needs. Operators must ensure that the 
CVR for each powered-lift be installed and equipped in accordance with 
the certification provisions listed in the applicable paragraph of 
Sec.  135.151 or such airworthiness criteria as the FAA may find 
provide an equivalent level of safety in accordance with Sec.  
21.17(b).
    The FAA received two comments on when a powered-lift would be 
required to be equipped with a CVR. ALPA provided a comment arguing 
that limiting the requirement to equip powered-lift with CVRs, FDRs, or 
TAWS (see section VI.B.7. of this final rule) based on seating 
configuration would exclude the first generation of powered-lift from 
the safety benefits of this equipment. ALPA disagreed with the FAA's 
rationale, arguing that the FAA has based its rationale on traditional 
aircraft and flight operations. They asserted these emerging novel 
entrants into the NAS pose a new challenge to the safety matrix of 
commercial aviation, and therefore the existing practices of aircraft 
weight, size, and seating capacity for required safety equipment is 
unjustified. ALPA recommended all powered-lift (regardless of seating 
capacity) should be equipped with a CVR. EASA commented about the 
requirement to equip powered-lift with CVRs and FDRs. EASA argued that 
it is crucial to consider the important role this equipment provides in 
incident and accident investigations, emphasizing its importance for 
those eVTOLs with lower passenger capacity who are engaging in 
commercial passenger transportation in congested areas. EASA asked the 
FAA to take into consideration that the majority of the current designs 
of eVTOL will not be required to equip their aircraft with a CVR due to 
seating capacity. They requested that the FAA clarify if alternatives 
are going to be considered to compensate for the lack of such recording 
capability in the AAM group.
    The FAA agrees that CVRs provide valuable information during 
accident investigations. However, the FAA does not agree that it is 
necessary for all powered-lift, regardless of seating capacity, be 
equipped with a CVR. The FAA reduced the minimum seat requirement in 
Sec.  135.151(a) and (g)(1) from 10 passenger seats to 6 passenger 
seats in 1987 because of the large number of small airplanes that 
operate with seating configurations of six to nine passenger seats and 
that are required by certification or part 135 operating rules to have 
two pilots. In 1988, the FAA required rotorcraft with the same 
passenger seat configurations and operational requirements as airplanes 
to be equipped with a CVR. For the same reasons that the FAA imposed 
the CVR requirements for airplanes and rotorcraft with certain seating 
capacities, the FAA will require CVRs for powered-lift with those same 
seating configurations and pilot requirements, regardless of the types 
of powerplant. The FAA has determined that requiring equipment such as 
CVR for all powered-lift regardless of the seating capacity is not 
warranted at this time because the FAA does not have the data to 
support requiring CVRs to be installed on powered-lift with less than 
six passenger seats. Additionally, requiring a CVR on powered-lift with 
less than six passenger seats increases the associated costs and 
requires a higher standard than what is currently in place for other 
aircraft of similar passenger seating capacity.
    Therefore, the FAA adopts Sec.  194.307 (h), (i), (j), (k), (l) and 
(m) as final, but as a result of renumbering, they are now Sec.  
194.306(j), (k), (l), (m), (n) and (o).
    Section 135.152 specifies when a flight data recorder (FDR) is 
required to be installed on an aircraft, parameters to be recorded, and 
installation requirements. The FAA proposed in Sec.  194.307(n) to 
apply Sec.  135.152(c), (d), (f), and (j) to powered-lift with a 
passenger seating configuration, excluding crewmember seats, of 10 to 
30. The FAA proposed in Sec.  194.307(o) to apply Sec.  135.152(a) to 
powered-lift with a passenger seating configuration of 10 to 19 seats. 
Additionally, the FAA proposed in Sec.  194.307(p) that Sec.  
135.152(b) and (b)(3) apply to powered-lift with a passenger seating 
configuration of 20 to 30 seats, regardless of the type of powerplant.
    The FAA received three comments on when a powered-lift would be 
required to be equipped with a FDR, and one comment on the FDR 
recording parameters.
    ALPA expressed general support for the FAA's analysis of part 135 
regulations and identification of helicopter rules that are appropriate 
for powered-lift. However, ALPA pointed out several proposed rules 
under Sec.  194.307 that would only apply to powered-lift with certain 
minimum seating capacities. ALPA said that, because powered-lift 
generally have less than six seats, many powered-lift would be excluded 
from the safety benefits provided by these rules. ALPA therefore 
recommended that these rules apply to all powered-lift, regardless of 
seating capacity, for enhanced safety.
    Similarly, EASA stated in their comment that most current eVTOL do 
not meet the minimum passenger seating configurations and therefore 
would not be affected by the proposals requiring either a CVR or FDR 
under Sec.  194.307. Without these CVR and FDR provisions, EASA noted 
that there will be a lack of data. EASA advocated for applying Sec.  
194.307 to all powered-lift, regardless of seating capacity.
    Additionally, GAMA noted that the ICAO Document 10103 framework 
would result in powered-lift of certain weight to be required to 
install FDRs, rather than basing it on seating capacity. GAMA stated 
that this would enable operators to collect and share data about the 
suitability of rotorcraft rules. GAMA further recommends that the FAA 
apply ICAO guidance and replace the term ``helicopter'' or 
``rotorcraft'' with ``powered-lift,'' as written in ICAO Annex 6, Part 
3, Section 2, Chapter 4,

[[Page 92422]]

4.3.1.1. This would add a weight requirement of 4,960 pounds to trigger 
the installation of an FDR, instead of a 10-passenger seat capacity 
trigger.
    The FAA considered the comments requesting the FAA to require all 
powered-lift to be equipped with an FDR, regardless of the passenger 
seating capacity, as well as an aircraft weight in lieu of a passenger 
seat capacity threshold. When the FDR rule was first promulgated in 
1988, it was based on NTSB safety recommendations. In response to a 
number of significant events and the substantial growth in commuter air 
transportation, the FAA required FDRs for all multiengine turbine-
powered airplanes and rotorcraft operated under part 135 having a 
passenger seating configuration of 10-19 seats. In the FDR final rule, 
the FAA acknowledged that the FDR requirements for larger aircraft 
operating under part 135 are more stringent than those for smaller 
aircraft because the small aircraft are required to be equipped with 
cockpit voice recorders.\400\ The FAA determined the cost of installing 
cockpit voice recorders is substantially less than that of flight data 
recorders and therefore would not be a significant burden on small 
operators.\401\ The FAA acknowledges that FDR data is beneficial for 
accident investigations. However, the FAA continues to believe that the 
benefits of requiring an FDR would not be justified in aircraft with 
less than 10 passenger seats because the FAA does not yet have the data 
to support requiring FDRs to be installed on powered-lift with less 
than ten passenger seats. Without the data to support requiring an FDR 
on powered-lift with less than ten passenger seats, the associated 
costs and mandating a higher standard than what is currently in place 
for other categories of aircraft of similar passenger seating capacity 
is not justified. As such, the FAA will not adopt ALPA and EASA's 
recommendation to require FDRs for all powered-lift, regardless of 
seating capacity.
---------------------------------------------------------------------------

    \400\ See Cockpit Voice Recorders (CVR) and Flight Recorders, 
final rule, 53 FR 26134, 26137 (Jul. 11, 1988).
    \401\ Id.
---------------------------------------------------------------------------

    Additionally, the FAA will not adopt GAMA's suggestions to base the 
FDR requirement on aircraft weight rather than seating capacity. Basing 
the FDR requirement on seating capacity for powered-lift is consistent 
with how the FAA has historically determined whether FDR is required. 
Therefore, the FAA will continue basing the determination of whether 
FDR is required on seating capacity, not aircraft weight.
    An individual commenter said the proposed FDR tables for part 135 
only address vertical-lift and wing-borne flight modes. The commenter 
said the rule should address powered-lift transition (VTOL-airplane), 
and conversion (airplane-VTOL) modes of flight under all applicable and 
relevant sections.
    In response to the individual commenter regarding the proposed FDR 
Tables, the FAA responds that not all powered-lift designs will have 
transition and conversion modes like a tilt-rotor as referenced by the 
commenter. The NPRM discussed the two flight modes that the operational 
rules refer to, these are wing-borne and vertical-lift flight 
modes.\402\ Wing-borne flight mode is when a powered-lift is operating 
more like a traditional airplane, which uses a wing to generate lift 
and depends exclusively or partially on nonrotating airfoil(s) for lift 
during takeoff, landing, or horizontal flight. Vertical-lift flight 
mode refers to a powered-lift that is operating like traditional 
rotorcraft, which is in a configuration that allows vertical takeoff, 
vertical landing, and low speed flight; and depends principally on 
engine-driven lift devices or engine thrust for lift. The FAA 
recognizes powered-lift will have the ability to transition in and out 
of the vertical-lift flight mode. In the NPRM, the FAA proposed 
requiring the FDR to record all data during the manipulation of all 
primary flight controls for all axes, which includes recording the full 
range during any transitions in and out of the vertical-lift flight 
mode. These parameters were included in Table 1 to Sec.  194.312 and 
Table 1 to Sec.  194.314 in the proposed SFAR. Therefore, the FDR would 
record all parameters, including when a powered-lift is transitioning 
in and out of the vertical-lift flight mode.
---------------------------------------------------------------------------

    \402\ See Section XIII (``Definitions'') for more information on 
how the FAA defines these flight modes in the final rule.
---------------------------------------------------------------------------

    In response to the comments received, the FAA did not make any 
changes to the proposed regulatory text, and adopts as final Sec.  
194.307(n), (o), and (p), which as a result of renumbering is now Sec.  
194.306(p), (q), and (r), as well as Table 1 to Sec.  194.314 and Table 
1 to Sec.  194.315, which as a result of renumbering are now Table 1 to 
Sec.  194.312 and Table 1 to Sec.  194.313, respectively.
    While considering the FDR requirements of Sec.  135.152, the FAA 
became aware of the need for a technical correction in Sec.  
135.152(j), which cross-references the operational parameters that must 
be recorded for turbine-engine powered airplanes with a seating 
configuration of 10 to 30 passenger seats. The FAA proposed to correct 
the cross-reference in Sec.  135.152(j) to refer to Sec.  135.152(h)(1) 
through (h)(88).
    The technical correction for paragraph (j) will be adopted as final 
to Sec.  135.152.
    Section 135.154 requires turbine-powered airplanes to be equipped 
with TAWS. To ensure that powered-lift engaged in air carrier 
operations will be operated at the highest possible degree of safety, 
as required by 49 U.S.C. 44701(d)(1)(A), the FAA proposed in Sec.  
194.307(q) that powered-lift having a passenger seating configuration, 
excluding any pilot seat, of 6 or more be equipped with a HTAWS that 
meets the requirements in Technical Standard Order (TSO) C194 and 
Section 2 of RTCA DO-309, as prescribed for helicopters and contained 
in Sec.  135.605, unless equipped with a FAA approved TAWS A/HTAWS 
hybrid system.
    In addition, the FAA proposed in Sec.  194.307(q) that Sec.  
135.154(c) apply to powered-lift as they will be required to have an 
AFM that contains the appropriate procedures on the use of this 
equipment and the proper flight crew reactions in response to the 
activation of a terrain awareness system. This ensures powered-lift 
equipped with HTAWS or an FAA-approved TAWS A/HTAWS hybrid system are 
operated at a level of safety that a terrain awareness system currently 
provides for airplanes.
    The FAA received two comments, one from ALPA and one from EASA, on 
when a powered-lift would be required to be equipped with a TAWS or 
HTAWS.
    ALPA recommended that TAWS or HTAWS as applicable should be 
required for all powered-lift regardless of seating capacity. ALPA 
stated that, if HTAWS is required for helicopter operations, it should 
also be required for similar powered-lift operations regardless of the 
seating capacity. ALPA argued that this would ensure the highest level 
of safety in this novel aircraft type, and operations.
    The FAA has determined that without a TAWS A/HTAWS hybrid system, 
and until a TAWS specification is developed specifically for powered-
lift, the current HTAWS specification, which requires a terrain display 
unit, would provide the best level of safety without an undue number of 
nuisance alerts. To ensure that powered-lift engaged in air carrier 
operations will be operated at the highest possible degree of safety, 
as required by 49 U.S.C. 44701(d)(1)(A), the FAA will require any 
powered-lift having a passenger seating

[[Page 92423]]

configuration, excluding any pilot seat, of 6 or more be equipped with 
a HTAWS that meets the requirements in Technical Standard Order (TSO) 
C194 and Section 2 of RTCA DO-309, as prescribed for helicopters and 
contained in Sec.  135.605, unless equipped with a FAA approved TAWS A/
HTAWS hybrid system.
    The FAA does not believe there is any justification to require a 
terrain awareness system for all powered-lift and will retain the 
threshold of a passenger seating capacity of 6 or more for those 
powered-lift conducting operations other than air ambulance operations. 
Powered-lift conducting air ambulance operations, regardless of 
passenger seat configuration, will be required to be equipped with an 
HTAWS or a FAA-approved TAWS-A/HTAWS hybrid system. This will align the 
powered-lift requirements with those currently required for helicopters 
and airplanes. Therefore, the FAA has determined requiring any terrain 
warning system for all powered-lift, regardless of the seating 
capacity, is not warranted at this time. Additionally, the FAA has no 
data to support ALPA's request to require terrain warning systems on 
all powered-lift. The FAA has determined the justification of 
complexity, size, speed, and flight performance characteristics 
mentioned in the final rule of March 29, 2000, including passenger 
seating capacity, is still valid today and will be applied uniformly to 
powered-lift.\403\
---------------------------------------------------------------------------

    \403\ See Terrain Awareness and Warning System, final rule, 65 
FR 16736 (Mar. 29, 2000).
---------------------------------------------------------------------------

    In their comment, EASA asked whether the FAA considered standards 
for the implementation of congested area databases for the HTAWS 
requirements.
    In response to EASA's comment regarding the implementation of 
congested area databases for the HTAWS requirements, the obstacle and 
terrain databases include data for congested areas, and this subject is 
covered in TSO-C194 and Section 2 of RTCA DO-309, which are 
incorporated by reference under Sec.  194.306(s) and (ooo).
    In response to the comments received, the FAA did not make any 
changes to the proposed regulatory text and adopts Sec.  194.307(q) as 
final, but as a result of renumbering it is now Sec.  194.306(s).
    Section 135.158 requires transport category airplanes equipped with 
a flight instrument pitot heating system to also be equipped with an 
operable pitot heat indication system that complies with Sec.  
25.1326.\404\ The FAA anticipates that powered-lift will incorporate 
technological advances in aircraft display, will require highly 
augmented advanced flight control systems, and will be capable of 
operations in conditions conducive to icing. Accordingly, in the NPRM, 
the FAA proposed in Sec.  194.307(r) that Sec.  135.158 apply to all 
powered-lift that have a required pitot heating system installed. 
Section 194.307(r) cites the Sec.  135.158 rule and invokes Sec.  
25.1326, which mandates a prescriptive means (``amber light'') to 
indicate pitot heat failures.
---------------------------------------------------------------------------

    \404\ Transport Category Airplanes--Pitot Heat Indication 
Systems, final rule, 46 FR 43804 (Aug. 31, 1981).
---------------------------------------------------------------------------

    The FAA received one comment on the proposed Sec.  194.307(r) from 
BETA. BETA agreed that it is necessary for highly augmented, advanced 
flight control systems to include indication of pitot heat failures. 
BETA also agreed that the safety intent of the rule makes sense to 
apply to powered-lift. However, BETA argued that it does not make sense 
to apply the prescriptive means of indication used by part 25 transport 
category aircraft to powered-lift. BETA stated that many modern 
aircraft present pilot alerts through means other than colored flight 
deck lights, such as Crew Alerting System (CAS) alerts. BETA noted 
that, in March 2022, the FAA accepted ASTM F3120/F3120M-20 as an 
accepted means of compliance for Sec.  23.2605, which covers crew 
alerting. Section 8.2.1 of ASTM F3120/F3120M-20 provides that the alert 
must conform to a ``Caution'' alert that is in clear view of a 
flightcrew member. This means of compliance allows the applicant to 
maintain a consistent flight deck indication philosophy, which is 
preferable from a safety and human factors perspective. BETA understood 
the FAA's safety intent is to require a crew alert that conforms to a 
prioritization hierarchy based on the urgency of flightcrew awareness 
and response if the pitot heat fails. BETA asserted this can be 
accomplished without the prescriptive aspects of Sec.  25.1326(a), 
which may be inconsistent with the crew alerting philosophy or flight 
deck design of a specific powered-lift.
    BETA recommended the FAA revise the SFAR to adopt Sec.  135.158 
with modifications to change ``amber light'' in the referenced Sec.  
25.1326(a) to ``Caution alert'' to allow for the pitot heat indication 
as appropriate for powered-lift.
    The FAA agrees with BETA that the alert should not only be limited 
to an amber light and that there should be another FAA-approved method 
of crew notification, such as a caution alert. Technological advances 
in aircraft crew alerting systems, including electronic cockpit 
displays, can provide equal or better notification to the flightcrew of 
improper operation or failure of systems. These highly automated 
systems will provide an equal or better indication to the flightcrew as 
would be provided by an amber light. The FAA is therefore amending the 
proposed regulatory text for Sec.  194.307(r) to allow for the 
indication in powered-lift to be something other than an amber light 
when a pitot system is not operating. Therefore, the FAA has amended 
the SFAR to allow compliance with the criteria established under Sec.  
23.2605, Sec.  25.1326, or equivalent airworthiness criteria 
established during certification under Sec.  21.17(b). The requirement 
will be that the alert is in clear view of a flightcrew member. The FAA 
adopts the amended regulatory text in Sec.  194.307(r) as final, but as 
a result of renumbering it is now Sec.  194.306(t).
    Section 135.159 stipulates the equipment requirements for when an 
aircraft is carrying passengers under VFR at night or under VFR over-
the-top conditions.
    When powered-lift are operated in wing-borne flight mode, they 
operate much like a traditional airplane in cruise flight. As such, the 
FAA proposed in Sec.  194.307(s) that the exception in Sec.  
135.159(a)(1), which allows for an aircraft to be equipped with a third 
attitude indicator in lieu of a gyroscopic rate-of-turn indicator, 
should apply to powered-lift with a third attitude indicator. Section 
135.159(a)(1) provides a separate standard for the third attitude 
indicator for airplanes as compared to helicopters. Under Sec.  
194.307(s), operators seeking to use the exception in Sec.  
135.159(a)(1) must ensure that the powered-lift is equipped with an 
attitude indicator capable of displaying the pitch and roll 
specifications of flight attitudes of 360 degrees of pitch-and-roll.
    The FAA received two comments on proposed Sec.  194.307(s), one 
from Joby and one from GAMA.
    Joby indicated the FAA's proposal is overly prescriptive and 
inappropriate for powered-lift. Joby argued that their own systems 
inherently understand attitude and rates. Joby further stated that, if 
their attitude control system were to improperly estimate this data, 
the pilot cannot take control of the aircraft, even if the pilot 
correctly understands the attitude, because all pilot commands would be 
interpreted via a malfunctioning flight computer. Joby argued that such 
fly by wire

[[Page 92424]]

systems will be designed to the appropriate development assurance level 
(DAL) to control the aircraft under all conditions and will generally 
include redundant sensing with voting and exclusion of failed or 
misleading sensors.
    Joby asserted that, in these full-time fly-by-wire aircraft, there 
is no safety benefit from independent sensing of attitude or other 
primary flight indications. Joby stated that it is sufficient for their 
system to display the output of its own attitude estimation since their 
system will be designed with the availability and redundancy needed to 
control the aircraft in all conditions. Joby also stated that, given 
the level of flight augmentation in their fly-by-wire system, the pilot 
will not perform attitude management or other stability tasks, instead 
being primarily focused on navigating the aircraft. Joby stated this is 
the case even in IMC conditions. Joby also argued that requiring a 
specific number of sensors, displays, or type of sensing is 
inappropriate and should instead be performance-based. Joby stated that 
each proposed design should be evaluated against the criticality of 
attitude information to the pilot and the hazard presented by loss of 
information, as well as the integrity of the source of information. 
Joby further asserted that, for powered-lift, there may not be a need 
to have multiple attitude sources displayed to the pilot 
simultaneously. Joby stated that, in their aircraft, the pilot does not 
have the task of comparing multiple data sets and deciding which are 
not correct, and thus there should not be a prescriptive requirement to 
show multiple displays of attitude or turn rate to the pilot.
    Joby also asserted that the highly augmented systems installed on 
powered-lift are often envelope-limited and will therefore prevent the 
aircraft from exiting a narrow set of pitch and roll angles. As such, 
Joby argued that no pilot input can cause an exceedance, which is 
inherently a loss of control event, as it represents a failure of the 
fundamental control laws. With indirect controls, the pilot would not 
be able to recover an aircraft beyond programmed pitch or roll limits, 
as the flight control system itself is already outside of approved 
functionality.
    According to Joby, requiring sensing that works through 360 degrees 
is also inappropriate. They asserted that this would require 
implementation and demonstration of a device which cannot be exercised 
by a properly functioning flight control system and may require 
applicants to design attitude sensing beyond aircraft performance only 
to meet this rule.
    In their comment, GAMA provided the recommendation to use the ICAO 
guidance provided for helicopters for this rule.
    The FAA disagrees with both of the commenters. According to Sec.  
91.3, the pilot in command of an aircraft is directly responsible for, 
and is the final authority as to, the operation of that aircraft. This 
cannot be delegated away from the pilot in command, regardless of the 
flight control or avionics package installed in the aircraft. Section 
135.159 requires the aircraft to be equipped with certain 
instrumentation when carrying passengers under VFR at night or under 
VFR over-the-top conditions. Pilots engaging in VFR night operations 
may often unexpectedly encounter unpredicted adverse weather conditions 
which necessitate the use of instruments to safely pilot the aircraft 
out of the area. Additionally, during flights on dark nights over areas 
in which few, if any, ground reference lights are available, control of 
the aircraft is, to a great extent, dependent upon reference to 
instruments. Instrument flight may also become necessary in over-the-
top operations due to such things as mechanical emergencies and weather 
conditions. The rate-of-turn indicator and the pitch and bank indicator 
ensures a single point of failure will not leave a pilot with no bank 
indication, enabling a pilot in command to maintain the safety of the 
flight and fulfill his responsibility for that flight.
    The FAA asserts the equipment requirements of Sec.  135.159 are 
essential, and since powered-lift in wing-borne flight mode operate 
similar to an airplane, the powered-lift needs to be equipped with a 
gyroscopic rate-of-turn indicator, except a third attitude indicator 
capable of displaying the pitch and roll specifications for airplanes 
may be used in place of the required gyroscopic rate-of-turn indicator.
    Additionally, there is no requirement to use the exception provided 
in Sec.  135.159(a)(1). Operators could choose to comply with Sec.  
135.159(a) and install a gyroscopic rate of turn indicator. Section 
194.307(s) simply gives powered-lift operators the option to use a 
third attitude instrument system instead of a gyroscopic rate of turn 
indicator, as allowed for airplanes in Sec.  135.159(a)(1).
    Therefore, the FAA adopts Sec.  194.307(s) as final, but as a 
result of renumbering it is now Sec.  194.306(u).
    Section 135.160 requires radio altimeters for all rotorcraft 
operations conducted under part 135. The FAA proposed in Sec.  
194.308(c) to require persons operating powered-lift to comply with the 
radio altimeter requirements of Sec.  135.160(a).\405\ Consistent with 
rotorcraft that must comply with Sec.  135.160(a), the FAA also 
proposed to allow persons operating powered-lift with a maximum takeoff 
weight no greater than 2,950 pounds to have the ability to apply for a 
deviation from the radio altimeter requirements in accordance with 
Sec.  135.160(b).
---------------------------------------------------------------------------

    \405\ A-02-35 NTSB recommendation to incorporate radio 
altimeters for passenger carrying operations.
---------------------------------------------------------------------------

    The FAA received two comments with one being partially in favor of 
the FAA's proposal.
    Joby indicated that the FAA's proposed rationale for requiring a 
radio altimeter is overly broad and does not address specifics for 
electric powered-lift or their intended types of operations, namely 
urban air taxi, air tours, or short, regional flight operations. Joby 
argued that a radio altimeter may not be necessary or even beneficial 
to safety for those types of operations. Joby asserted that powered-
lift with advanced flight control systems do not exhibit the same 
safety concerns from inadvertent IMC encounters as traditional part 135 
helicopters. Joby further stated that the use of radio altimeters in 
urban settings does not provide the same assumed benefits and may 
decrease operational safety.
    Joby urged the FAA to consider revising the radio altimeter 
requirements for powered-lift to address the types of operations where 
radio altimeters would be most beneficial, and to carefully consider 
specific aircraft design characteristics, equipage, or functionality 
when determining ``unless otherwise authorized in the certificate 
holder's approved minimum equipment list'' under Sec.  135.160(a). They 
also suggested revising Sec.  135.160(b) to allow deviations based on 
the type of operations and specific aircraft design characteristics, 
equipage, and functionality.
    According to Joby, electric powered-lift are not intended to be 
operated in the type of missions or environments that lead to the type 
of accidents that motivated the adoption of Sec.  135.160. Joby stated 
that helicopters flying under part 135 are traditionally used for a 
wide variety of missions, while electric powered-lift are intended to 
be operated in a very narrow range of missions with ranges typically 
under 100 NM. Joby argued that the value of a radio altimeter for 
additional situational awareness and safety margin due to unknowns from 
off-airport operations and unimproved landing zones will inherently be 
much lower for electric powered-lift than for traditional helicopters.

[[Page 92425]]

    Joby asserted that the risk of losing visual acuity due to flat 
light, whiteout, or brownout is much more likely to occur during off 
airport operations or flight over rural or mountainous terrain. Joby 
stated the environments for urban air taxi, urban air tour, and short 
regional flights in metropolitan areas are different. These operations 
will be conducted in well developed areas where there are more 
buildings, roads, lights, surrounding structures, and prepared surfaces 
which provide good visual cues and allow pilots to maintain good depth 
of field and contrast in their vision. Therefore, according to Joby, 
the risk of exposure to flat light, whiteout, and brownout conditions 
will be significantly diminished. Joby also mentioned that some 
electric powered-lift being developed may be prohibited from operating 
in falling or blowing snow and takeoff and landing from snow covered 
surfaces.
    Joby stated that ``many powered-lift currently in development are 
using advanced flight control systems with advanced means of flight 
stabilization, flight augmentation, and envelope protection--such as 
flight path hold, altitude hold, airspeed hold, hover hold, level 
flight mode, ROC/ROD protection, and similar functionality.'' According 
to Joby, these aircraft exhibit much lower pilot workload for aviating 
and navigating tasks than traditional helicopters and allow for much 
safer flight in situations with reduced visibility. Joby stated that 
these aircraft use modern flight deck avionics systems that have 
significantly improved situational awareness compared to traditional 
rotorcraft. Therefore, Joby argued that the pilots of these powered-
lift will have a much higher level of situational awareness in general 
than pilots of traditional VFR helicopters. Joby asserted that this 
situational awareness is more effective than radio altimeters in most 
phases of flight because radio altimeters cannot look forward of the 
aircraft, while technologies such as HTAWS can.
    Joby stated that, during a loss of visual reference due to flat 
light, whiteout, brownout, or any other inadvertent IMC encounter, 
powered-lift will behave significantly differently from traditional 
rotorcraft that depend on the pilot to maintain stability and control 
and ascertain the flight path relative to the ground or obstacles. 
According to Joby, powered-lift flight control systems are 
intentionally designed to revert to safe and stable flight when the 
pilot lets go of the controls. Therefore, Joby stated the assumed 
safety benefit of a radio altimeter for loss of visual reference due to 
flat light, whiteout, brownout, or other, inadvertent IMC encounter is 
significantly reduced and may be negligible.
    Joby argued that the proposed requirement is problematic due to the 
current radio altimeter TSO performance requirements. Joby suggested 
allowing for alternative, lower power, lower performance radio 
altimeters or for performance-based functionality, which may be non-TSO 
equipment or functionality approved under the Type Design. Joby argues 
that increased flexibility, to meet the ``FAA-Approved radio 
altimeter'' requirement would allow the industry to develop solutions 
better suited to improve safety in urban environments. For these 
reasons, Joby contended that a universal requirement for all powered-
lift to be equipped with a radio altimeter for part 135 operations is 
misplaced and would negatively impact electric powered-lift conducting 
air taxi flight operations.
    The FAA disagrees with Joby and has determined that radio 
altimeters are an important safety device designed to inform the pilot 
of the aircraft's actual height above the surface. The FAA also 
believes that radio altimeter requirements should not be limited to 
only IMC flights, as radio altimeters provide additional situational 
awareness during inadvertent encounters with IMC as well as additional 
situational awareness after encounters with brownout, whiteout, or 
other situations where vision is suddenly limited and pilots lose their 
reference to the horizon and the ground. Powered-lift, like rotorcraft, 
can conduct vertical-lift flight mode take-offs and landings, so they 
could be susceptible to these same hazards that are applicable to 
rotorcraft.
    Furthermore, the regulation takes into consideration the various 
designs of powered-lift and the different types of operations/missions 
that may be conducted with those aircraft, not just a segment of the 
operations that could be conducted with a powered-lift as requested by 
the commenter. Additionally, the FAA believes that electric powered-
lift transporting passengers, including those operations conducted in 
concentrated urban environments, could encounter some of the hazards 
cited above and would benefit from the information that a radio 
altimeter provides to the pilot. As such, the FAA intends to apply the 
radio altimeter rule broadly, so that the safety enhancements provided 
by the radio altimeter will be available to all powered-lift regardless 
of the types of operations they perform.
    The FAA disagrees with Joby's recommendation to expand the 
deviation authority contained in Sec.  135.160(b). When the FAA 
published the final rule requiring radio altimeters, it recognized 
there was a limited number of older helicopters used in part 135 
operations that may not have adequate room on the flightdeck to install 
a radio altimeter.\406\ Therefore, the FAA included the ability for a 
certificate holder to obtain a deviation from this rule for 
circumstances when a radio altimeter cannot physically be located on 
the flightdeck. The FAA also noted that an HTAWS or other device such 
as a multi-function display that incorporates a radio altimeter would 
be permitted under this rule and that deviation authority may not be 
warranted for helicopters in which a radio altimeter can be 
incorporated into the flightdeck's existing configuration. The FAA 
believes there is no justification to expand the deviation for powered-
lift beyond the original limit of no greater than 2,950 pounds. This 
would ensure that powered-lift and helicopters will use the same 
criteria for authorization of a deviation as explained in the 
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter 
Operations final rule of 2014.
---------------------------------------------------------------------------

    \406\ 79 FR 9932, 9939 (Feb. 21, 2014).
---------------------------------------------------------------------------

    In response to Joby's request for a discussion about the relief 
provided for radio altimeters in a certificate holder's MEL, the FAA 
notes that powered-Lift MMELs will be treated no differently than any 
other aircraft with regard to MMELs. Proposed MMEL relief is normally 
submitted to the FAA by manufacturers or operators. The entity that 
requests the relief is responsible for submitting an evaluation plan 
that considers all phases of flight operation and that demonstrates 
that flight operations with the inoperative item will have an 
equivalent level of safety compared to flight operations with the same 
item operative. In response to Joby's comment requesting the FAA revise 
part 194 rules to allow for alternative, lower power, lower performance 
radio altimeters or performance-based functionality, which may be non-
TSO equipment or functionality approved under the Type Design, the FAA 
notes that Sec.  135.160 requires a radio altimeter be ``FAA-
approved.'' Radio altimeters installed as part of the initial type 
design or a type design change would be FAA-approved. However, if the 
equipment was to be installed after initial aircraft certification, 
then the radio altimeter

[[Page 92426]]

would need to meet a TSO standard and be an FAA-approved device.
    GAMA recommended that the FAA use ICAO Document No. 10103 and apply 
the rule for helicopters in Sec.  135.160 to powered-lift. The FAA 
reviewed ICAO Document No. 10103 and notes that the document indicates 
that radio altimeters should only be required in powered-lift that must 
perform a forced landing when experiencing a critical power-unit 
failure at any stage in the flight profile while operating in 
Instrument Meteorological Conditions (IMC).
    The FAA agrees with GAMA in that Sec.  135.160 should be applicable 
to powered-lift as it is applicable to rotorcraft. However, the FAA 
disagrees that the radio altimeter should only be required when a 
powered-lift must perform a forced landing when experiencing a critical 
power unit failure at any stage in the flight profile while operating 
in IMC. As stated in the NPRM, radio altimeters are valuable safety 
tools that can provide additional situational awareness during an 
inadvertent encounter with IMC, as well as additional situational after 
encounters with brownout, whiteout, or other situations where vision is 
suddenly limited and pilots lose their reference to the horizon and the 
ground. Additionally, radio altimeters can greatly improve a pilot's 
awareness of height above the ground during hover, landing in 
unimproved landing zones, and landings in confined areas where a more 
vertical approach may be required. The situations where a radio 
altimeter can provide valuable situational information are not limited 
to only operations conducted in IMC conditions but can also occur 
during VFR or flights conducted in VMC conditions where a pilot 
encounters conditions that they initially did not anticipate.
    In response to the comments received, the FAA did not make any 
changes to the proposed regulatory text and adopts Sec.  194.308(c) as 
final, but as a result of renumbering it is now Sec.  194.306(v).
    Section 135.163 outlines the equipment requirements for all 
aircraft carrying passengers under IFR. Section 135.163(g) contains an 
exception for multi-engine helicopters that states the two required 
generators may be mounted on the main rotor drive train and a loss of 
one powerplant will not affect both generators since they are on a 
common drive train. Section 135.163 currently applies to powered-lift 
as written. The FAA proposed in Sec.  194.308(d) to allow powered-lift 
to utilize the exception for helicopters contained in Sec.  135.163(g) 
when that powered-lift is equipped with a drivetrain system that is 
driven by two separate powerplants and able to run the two required 
generators because, just as for rotorcraft, the loss of one powerplant 
would not affect both generators.
    The FAA received no comments on proposed Sec.  194.308(d) and 
therefore adopts Sec.  194.308(d) as final, but as a result of 
renumbering it is now Sec.  194.306(w).
    Section 135.165 details communication and navigation equipment for 
extended over-water or IFR operations. This section is general to 
aircraft except for Sec.  135.165(d) and (g)(1), which are specific to 
airplanes. The FAA determined that paragraph (d) should also apply to 
powered-lift with a passenger seating configuration, excluding any 
pilot seat, of 10 seats or more, or a powered-lift used in commuter 
operations, regardless of the type of powerplant, as proposed in Sec.  
194.307(t).
    Paragraph (g) provides for extended over-water exceptions that 
allow the use of a single long-range navigation and single long-range 
communication system in certain geographic areas as authorized by the 
FAA. A list of operational factors the FAA may consider is listed in 
paragraph (g)(1)-(3) of Sec.  135.165. Although (g)(1) uses the term 
airplane, the FAA proposed in Sec.  194.307(u) to extend the ability to 
request that exception to powered-lift that are able to conduct 
extended over-water operations. The FAA proposed that paragraphs (d) 
and (g)(1) apply to powered-lift, as this will ensure powered-lift will 
be able to communicate as required during IFR and extended over-water 
flights.
    The FAA received no comments on proposed Sec.  194.307(t) and (u), 
and therefore, adopts Sec.  194.307(t) and (u) as final, but as a 
result of renumbering they are now Sec.  194.306(x) and (y).
    While developing this final rule, the FAA noted that Sec.  
135.165(d) inadvertently continued to reference part 119 for the 
definition of ``commuter operation.'' The definition of ``commuter 
operation'' was moved to Sec.  110.2 in the Operations Specifications 
final rule (76 FR 7482, Feb. 10, 2011). The FAA is adopting a permanent 
amendment to Sec.  135.165(d) to reflect the current location of the 
``commuter operation'' definition.
    Section 135.168 contains requirements for emergency equipment for 
rotorcraft overwater operations. In the NPRM, the FAA proposed to apply 
Sec.  135.168 to powered-lift under Sec.  194.308(e). Under the 
proposed Sec.  194.308(e), if the powered-lift is operating overwater 
beyond the gliding or autorotational distance of the shoreline, then 
life preservers must be provided and worn by each occupant.
    In the NPRM, the FAA indicated that powered-lift operated overwater 
will have a survivability sequence (sequence of events which occur upon 
impact with the water) more similar to rotorcraft than airplanes, and 
that the donning of life preservers would provide for the greatest 
likelihood of surviving in the water versus requiring the carriage of a 
life raft whenever powered-lift are conducting overwater operations 
beyond gliding and/or autorotational distance from the shoreline.
    The FAA received three comments on proposed Sec.  194.308(e).
    According to GAMA, certain powered-lift demonstrate the capability 
to glide in a manner similar to airplanes when carrying passengers over 
water. GAMA asserted that, in such cases, it is imperative that the FAA 
apply the relevant airplane version of the rule to ensure appropriate 
and effective oversight. GAMA argued that, by recognizing the glide 
capabilities of these powered-lift, the FAA can optimize safety 
measures and streamline regulations accordingly. GAMA further argued 
that it is crucial to take full advantage of the similarities to 
airplane operations in these specific scenarios to maintain an 
equivalent level of safety for passengers and to facilitate smooth and 
efficient operations.
    AWPC stated that their aircraft, the AW609, is a tiltrotor and is 
designed to operate like a pressurized turboprop airplane when in 
horizontal flight mode. AWPC argued that the AW609 has the equipment 
and related characteristics of a helicopter to conduct ditching 
procedures. This design approach, according to AWPC, addressed the 
concerns the FAA stated in the proposed SFAR such as buoyancy and the 
duration to remain afloat after ditching in water. AWPC further stated 
that the AW609 Tiltrotor has design features such as a door above the 
waterline, wing fuel tanks, and a pressurized cabin with closeable 
outflow valves, as well as being equipped with an overhead escape hatch 
and flotation system. Therefore, AWPC contended that the application of 
helicopter rules is inappropriate for the AW609 Tiltrotor and requests 
the FAA apply a performance and equipage-based approach to applying 
regulations for overwater operations to the AW609 Tiltrotor.
    Joby recommended the FAA follow the ICAO guidance for powered-lift, 
which Joby stated applies airplane rules to powered-lift for overwater 
operations. Joby also recommended that the FAA

[[Page 92427]]

reverse course on many of the proposed powered-lift rules and instead 
use helicopter-based rules to align with ICAO Document 10103. Joby 
stated that, for situations like overwater operations where helicopter 
rules would not be advisable, limitations can be placed in the AFM or, 
in very limited situations, addressed through placards. According to 
Joby, this approach would result in a more logical transition from 
existing aircraft types to powered-lift.
    The FAA has reviewed the comments received and as part of the 
review, the FAA considered Sec.  136.9, which addresses commercial air 
tours operating over water beyond the shoreline. Sections 136.9 and 
135.168 are similar because they stipulate when a life preserver is 
required to be worn. The FAA determined that the performance-based 
criteria of Sec.  136.9(b)(3) could provide flexibility to the life 
preserver requirements of Sec.  135.168(b)(1) without any degradation 
to safety. Therefore, under Sec.  194.306(z), which addresses Sec.  
135.168, the FAA will introduce the provision only requiring the life 
preservers to be readily available instead of requiring them to be worn 
when the powered-lift is able to meet certain performance requirements. 
In order to use this provision under Sec.  194.306(z)(1), the multi-
engine powered-lift must be operated at a weight that will allow it to 
climb with the critical engine inoperative or when experiencing a 
critical change of thrust, of at least 50 feet a minute, at an altitude 
of 1,000 feet above the surface.
    The term ``critical change of thrust'' is a new term the FAA has 
introduced since the publication of the NPRM, and it can be used for 
those powered-lift that do not necessarily have a critical engine. A 
critical change of thrust means a failure that would most adversely 
affect the performance or handling qualities of an aircraft. This new 
term ensures powered-lift that do not have a critical engine but do 
experience an adverse effect on performance or handling qualities 
resulting from failures of the flight control or propulsive system, 
either singular or in combination, must meet the same performance 
requirements specified for aircraft that have a critical engine. Adding 
the term ``critical change of thrust'' ensures that those novel 
aircraft that may not have a critical engine will be required to 
demonstrate the same performance requirements as those stipulated for 
aircraft with a critical engine, thereby ensuring the same level of 
safety is maintained.
    The FAA took into consideration the ability of the powered-lift to 
remain at least 1,000 feet above the surface after the critical engine 
becomes inoperative or the powered-lift experiences a critical change 
of thrust. This will ensure a powered-lift will have the ability to 
remain out of the water, providing ample time for each occupant to don 
their life preservers. For those powered-lift that do not have this 
performance capability, the occupants must wear life preservers during 
the flight.
    The FAA also took into consideration that some powered-lift would 
be operated at higher altitudes overwater similar to airplanes, rather 
than the lower altitudes at which helicopters normally operate, and the 
requirement for each occupant to wear a life preserver when over water 
is therefore unnecessary for some powered-lift.
    As a result of the foregoing, the FAA amends the proposed rule for 
multi-engine powered-lift that are operated at a weight that will allow 
it to climb, with the critical engine inoperative or while experiencing 
a critical change of thrust, at least 50 feet a minute, at an altitude 
of 1,000 feet above the surface. For those powered-lift, life 
preservers are not required to be worn but must be readily available 
and easily accessible to each occupant. Proposed Sec.  194.308(e) is 
adopted as amended, but due to renumbering, it is now Sec.  194.306(z).
    Section 135.169 provides additional airworthiness requirements for 
large airplanes, as well as small airplanes with a passenger-seating 
configuration of 10 or more seats. These airplanes are held to a higher 
airworthiness safety standard either through aircraft certification 
basis or certain other regulatory standards or requirements. Section 
135.169 also includes rules about the material used as a liner for 
cargo or baggage compartments.
    Section 135.169(a) applies to large airplanes and requires them to 
meet the additional airworthiness requirements of Sec. Sec.  121.213 
through 121.283, and 121.307. The FAA proposed in Sec.  194.307(v) to 
require a large powered-lift to comply with appropriate certification 
provisions listed in Sec.  135.169(a) or such airworthiness criteria as 
the FAA determines will provide an equivalent level of safety in 
accordance with Sec.  21.17(b). Powered-lift will spend their cruise 
portion of flight similar to airplanes. When a powered-lift is 
configured with 10 or more passenger seats or is large, the persons 
riding on the powered-lift should be afforded the same level of safety 
afforded to passengers on an airplane.
    Section 135.169(b), which applies to operators of small airplanes 
that have a passenger seating configuration, excluding pilot seats, of 
10 seats or more, requires certain type certifications for such small 
aircraft. Since powered-lift are currently in development, the FAA has 
determined that Sec.  135.169(b)(2) through (b)(7) should not be 
applicable to them. As discussed in the NPRM, the FAA has determined 
that Sec.  135.169(b)(1) and (b)(8) should be applicable to powered-
lift. Section 135.169(b)(1) requires that such airplanes be 
certificated in the transport category, while (b)(8) requires 
certification in the normal category as a multi-engine certification 
level 4 airplane, as defined in part 23. The FAA proposed in Sec.  
194.307(w) that small powered-lift with a passenger seating 
configuration of 10 seats or more operating under part 135 must comply 
with the applicable part 23 provisions identified in Sec.  
135.169(b)(8) or such airworthiness criteria as the FAA may find 
provides an equivalent level of safety in accordance with Sec.  
21.17(b). Section 194.307(w) will ensure that a small powered-lift 
utilized in part 135 operations and carrying more than 10 passengers 
will achieve a certification standard at least equivalent to the 
standard set forth in Sec.  135.169(b)(8). The FAA notes that, although 
it proposed in the NPRM preamble to apply Sec.  135.169(b)(1) to 
powered-lift, paragraph (b)(1) was inadvertently excluded from the 
proposed SFAR regulatory text at Sec.  194.307(w). As a result, the FAA 
has added Sec.  135.169(b)(1) to the SFAR at Sec.  194.306(bb).
    Section 135.169(d) addresses cargo or baggage compartments of 200 
cubic feet or greater volume in transport category airplanes by 
requiring more flame-resistant materials. The intent of Sec.  
135.169(d) is to reduce the risk of fire burning through the 
compartment liner and becoming uncontained.\407\ Accordingly, the FAA 
proposed in Sec.  194.307(x) that large powered-lift that have a cargo 
or baggage compartment of 200 cubic feet or greater will be required to 
meet the certification requirements of appendix F to part 25, part III 
or such airworthiness criteria as the FAA may find provide an 
equivalent level of safety in accordance with Sec.  21.17(b).
---------------------------------------------------------------------------

    \407\ See Fire Protection Requirements for Cargo or Baggage 
Compartments, final rule, 54 FR 7384 (Feb. 17, 1989).
---------------------------------------------------------------------------

    The FAA received one comment on proposed Sec.  194.307(v), (w), and 
(x) from an individual commenter.
    Specifically, the individual commenter sought guidance on the 
definitions of small and large powered-lift as used for this rule. The 
commenter mentions that part of the NPRM suggests that small powered-
lift are those with 10

[[Page 92428]]

or more passengers. The commenter notes that other parts of the NPRM 
suggest that a large powered-lift would be one capable of 10 or more 
passengers. The commenter requests that the FAA provide guidance as to 
the specific definitions of small and large powered-lift and as to 
whether the definition of passenger capacity and cargo compartment type 
from Sec.  135.169 applies to powered-lift.
    Per Sec.  1.1, passenger seating configuration does not define 
small or large aircraft. Instead, whether an aircraft is small or large 
is determined by weight alone. Specifically, the definition of large 
aircraft contained in Sec.  1.1 is based upon maximum certificated 
takeoff weight, not on passenger seating configuration. As such, a 
large powered-lift may be configured with less than 10 passenger seats, 
while a small powered-lift may be configured with more than 10 
passenger seats.
    The FAA evaluated the weight parameters for both transport category 
airplanes and transport category rotorcraft and determined that the 
weight limit for large aircraft (over 12,500 pounds, Sec.  1.1) would 
be an appropriate weight at which to apply airplane transport category 
standards to powered-lift. Accordingly, small powered-lift would 
include powered-lift weighing 12,500 pounds or less. To determine 
whether a powered-lift qualifies as small or large, the FAA will use 
the existing Sec.  1.1 weight criteria definitions and not the 
commenter's suggested seat number because weight thresholds are already 
used in the regulations.
    The commenter also inquired if the current Sec.  135.169 applies, 
specifically in the context of the aircraft's number of passenger seats 
and cargo/baggage compartment size.
    As stated in the NPRM, Sec.  194.306(aa) through (cc) will require 
certain Sec.  135.169 subparagraphs to apply based on the powered-
lift's seating and cargo/baggage compartment size. The additional Sec.  
135.169 airworthiness requirements would be required for powered-lift 
based on the same criteria specified for airplanes, large airplanes (as 
defined in Sec.  1.1), or small airplanes with a passenger-seating 
configuration, excluding pilot seats, of 10 or more. Therefore, large 
powered-lift, or small powered-lift with a passenger-seating 
configuration, excluding pilot seats, of 10 or more, would have to 
comply with the additional airworthiness requirements in Sec.  135.169.
    Moreover, large powered-lift that have a cargo or baggage 
compartment of 200 cubic feet or greater in volume would be required to 
meet the certification requirements of appendix F to part 25, part III, 
or such airworthiness criteria as the FAA may find provide an 
equivalent level of safety in accordance with Sec.  21.17(b).
    In response to the comments received, the FAA did not make any 
changes to the proposed regulatory text. Therefore, the FAA adopts 
Sec.  194.307(v), (w), and (x) as final, but as a result of renumbering 
they are now Sec.  194.306(aa), (bb), and (cc).
    Section 135.170 lists the requirements for materials used in the 
compartment interiors of specific airplanes. Some powered-lift may be 
able to transition to a landing quickly; however, others may have 
descent, landing, and evacuation times similar to airplanes so to 
provide an equivalent of safety for passengers the FAA determined this 
rule should be applicable to large powered-lift. The FAA proposed in 
Sec.  194.307(y) and (z) that large powered-lift must comply with the 
applicable paragraphs of Sec.  135.170(b)(1) and (b)(2). Powered-lift 
must comply with appropriate certification provisions listed in Sec.  
135.170(b)(1) and (2) or such airworthiness criteria as the FAA may 
find provide an equivalent level of safety in accordance with Sec.  
21.17(b).
    Section 135.170(c) details the requirements for thermal/acoustic 
materials on transport category airplanes. The FAA asserted that the 
flame propagation requirements applicable to transport category 
airplanes should also be applicable to large powered-lift in order to 
ensure that persons or property carried on large powered-lift are 
afforded the same safety provided to persons or property carried in 
transport category airplanes. Accordingly, large powered-lift would be 
required to comply with the provisions of Sec.  135.170(c). As proposed 
in Sec.  194.307(aa), this section requires that large powered-lift 
comply with Sec.  25.856 (Thermal/Acoustic insulation materials) or 
such airworthiness criteria as the FAA may find provide an equivalent 
level of safety in accordance with Sec.  21.17(b).
    The FAA received no comments on proposed Sec.  194.307(y), (z), and 
(aa), and therefore adopts Sec.  194.307(y), (z), and (aa) as final, 
but as a result of renumbering they are now Sec.  194.306(dd), (ee), 
and (ff).
    Section 135.173(a) requires aircraft, excluding helicopters 
operating under day VFR conditions, that have a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more in 
passenger-carrying operations to be equipped with either approved 
thunderstorm detection equipment or approved airborne weather radar 
equipment.
    Section 135.173(b) is specific for helicopters and only requires 
this equipment under night VFR when current weather reports indicate 
that thunderstorms or other potentially hazardous weather conditions 
that can be detected with airborne thunderstorm detection equipment may 
reasonably be expected along the route to be flown.
    The FAA determined that the helicopter exception contained in this 
regulation should not apply to powered-lift because these new entrant 
aircraft are expected to operate similar to an airplane during the en 
route phases of flight. The FAA does not yet have enough information 
about the operations of powered-lift to state definitively whether such 
aircraft will have the agility and maneuverability of a helicopter 
during the cruise portion of flight. The FAA anticipates that powered-
lift will likely require more time and space to recognize and 
successfully maneuver out of the dangers associated with hazardous 
thunderstorm activity.
    The FAA received one comment from EASA questioning the logic of 
requiring large eVTOL to have thunderstorm detection equipment. EASA 
pointed out that many powered-lift operations are expected to be quite 
local. EASA also raised the question of waivers for this requirement.
    This SFAR is not limited to only eVTOL by the FAA but applies to 
all powered-lift that may operate in the NAS, some of which will not be 
limited to local area flying. The use of airborne thunderstorm 
detection equipment or airborne weather radar contributes to greater 
safety in operations, even in local area flying areas, because it 
enables the pilot to detect and locate severe adverse weather areas 
early. The equipment also enables the pilot to avoid those thunderstorm 
areas and take other actions necessary for safety of the flight. 
Furthermore, the FAA has concluded that this equipment is an additional 
safety benefit for aircraft with 10 or more passenger seats. Throughout 
the FAA's regulations, 10 or more passenger seats is a threshold at 
which many additional regulatory requirements are imposed in order to 
mitigate the risk of carrying the additional people.
    In response to the comments received, the FAA will not make any 
changes to the final rule, and powered-lift must adhere to the 
provisions provided in Sec.  135.173(a) as written for all aircraft 
that have a passenger seating configuration, excluding any pilot seat,

[[Page 92429]]

of 10 seats or more in passenger-carrying operations.
    Section 135.178 details additional emergency equipment applicable 
to airplanes with a passenger seating configuration of more than 19 
seats. This section was implemented largely due to several studies 
conducted by the Civil Aerospace Medical Institute (CAMI) on exit row 
configurations and equipment necessary for the most efficient emergency 
exit of the airplane in the case of emergency.\408\
---------------------------------------------------------------------------

    \408\ See Improved Access to Type III Exits, 57 FR 19220 at 
19245 (May 4, 1992).
---------------------------------------------------------------------------

    The FAA anticipates that, due to advances in technology, powered-
lift developed in the future could surpass the 19-passenger seating 
configuration threshold requirement in Sec.  135.178. Those powered-
lift should have the requisite procedures and equipment to evacuate 
passengers in the event of an emergency such as is currently required 
for airplanes. As such, in the NPRM, the FAA proposed in Sec.  
194.307(bb) to apply Sec.  135.178 to powered-lift with a passenger 
seating configuration of 19 seats or more.
    The FAA received no comments on proposed Sec.  194.307(bb); 
therefore, the FAA adopts Sec.  194.307(bb) final, but as a result of 
renumbering it is now Sec.  194.306(gg).
    Section 135.179 contains the conditions required to take off an 
aircraft with inoperable instruments or equipment, lists the MEL 
requirements, and enumerates which instruments and equipment may not be 
contained within the MEL. In 1991, the FAA published a final rule 
expanding the availability of a MEL to any civil aircraft that can be 
operated under part 135, including single-engine aircraft. The notice 
of proposed rulemaking \409\ that is directly related to the 1991 final 
rule states that the MEL provisions would apply to ``aircraft'' and 
that ``[t]he FAA also proposes to amend the language of Sec. Sec.  
135.179 and 125.201 to make them essentially the same as Sec.  
121.628.'' \410\ The FAA notes that the mention of airplane in Sec.  
135.179(b)(1) appears to be an oversight in transcription and should 
actually reference aircraft, as do the rest of the references in Sec.  
135.179. This is in contrast to Sec.  121.628, where all references are 
to airplane. Review of the historical information for this rule 
revealed that the FAA's original intent was for Sec.  135.179 to apply 
to ``any civil aircraft,'' which includes powered-lift. As a result, 
the FAA proposed to make a technical amendment to Sec.  135.179(b)(1) 
to reflect that intent by replacing the word airplane with aircraft.
---------------------------------------------------------------------------

    \409\ Minimum Equipment List Requirements, 54 FR 3320 (Jan. 23, 
1989).
    \410\ Minimum Equipment List Requirements, 56 FR 12311 (Mar. 22, 
1991).
---------------------------------------------------------------------------

    The FAA received no comments on the proposed amendment to Sec.  
135.179(b)(1). Therefore, the FAA adopts the amendment to Sec.  
135.179(b)(1) as final.
    Section 135.180 was implemented to require traffic alert and 
collision avoidance systems (TCAS) for turbine-powered airplanes that 
have a passenger seat configuration, excluding any pilot seat, of 10 to 
30 seats. TCAS uses transponder signals from nearby aircraft to alert 
pilots to the danger of mid-air collisions. The FAA anticipates that 
certain powered-lift will have the same relative speed, size, and 
passenger-carrying capacity as the airplanes that must be equipped with 
TCAS under Sec.  135.180. Additionally, the FAA anticipates that some 
powered-lift will have the ability to operate in the same airspace as 
other larger, high-performance aircraft, including airplanes operating 
under part 121. To afford the same level of safety through the 
mitigation of potential mid-air collisions and their devastating 
effects on persons and property onboard or in the same airspace as 
powered-lift, the FAA proposed in Sec.  194.307(cc) this section apply 
to powered-lift that have a passenger seat configuration, excluding any 
pilot seat, of 10 to 30 seats.
    Powered-lift that are required to have TCAS will also be required 
to have the content specified in Sec.  135.180(b) in the powered-lift's 
AFM. This will ensure that the persons operating a powered-lift will 
have access to the appropriate procedures for the use of the TCAS 
equipment, proper flightcrew action with respect to the TCAS equipment, 
and an outline of all the input sources that must be operating for 
proper TCAS operation.
    The FAA received one comment on proposed Sec.  194.307(cc) from 
ALPA. ALPA recommended all powered-lift (regardless of seating 
capacity) should be equipped with a Terrain Awareness and Warning 
System (TAWS) or a Helicopter Terrain Awareness and Warning System 
(HTAWS) as applicable, and an Aircraft Collision Avoidance System 
(ACAS), as well as CVR and FDR. They asserted that these sources of 
information aid in the avoidance of Controlled Flight into Terrain 
(CFIT) and Mid-Air Collisions (MAC), and they all directly enhance 
flight safety. ALPA recommended that, when a TCAS system is required 
for traditional airplanes or helicopter operations, under the SFAR it 
should also be required for powered-lift regardless of seat capacity, 
to ensure the highest level of safety in this new and novel aircraft 
type and operations.
    The FAA agrees with ALPA that a TCAS provides valuable collision 
avoidance information to flightcrew during flight. However, the FAA 
disagrees that all powered-lift, regardless of the passenger seat 
configuration, should be required to install a TCAS. When the FAA 
promulgated the TCAS final rule of 1989, the categories of commercial 
aircraft for which TCAS I or II will be required were based on the 
provisions of Pub. L 100-223 and on the relative speed of the aircraft, 
the size of the aircraft, and the number of passengers per aircraft who 
would benefit from TCAS installation. The FAA anticipates some powered-
lift will have the same relative speed, size, and passenger-carrying 
capacity as the airplanes required to be equipped with TCAS. As such, 
those powered-lift of similar size will be required to equip their 
aircraft with TCAS.
    The FAA believes the criteria established for TCAS installations in 
aircraft with 10 to 30 passenger seats is still valid today. Aircraft 
below the 10-passenger seat threshold are smaller and therefore don't 
have the same need for TCAS. Additionally, the FAA believes the 
associated costs for requiring a higher standard than what is currently 
in place for other aircraft will place this new emerging industry at an 
unfair disadvantage. The SFAR enables the FAA to collect data to inform 
the FAA on future rulemaking for powered-lift operations, and once 
powered-lift operations become more commonplace and the FAA has a 
better understanding of the operational complexities for these 
aircraft, the FAA could consider making a future adjustment to the TCAS 
requirements. However, at this time, the FAA will require TCAS be 
installed on powered-lift that have a passenger seat configuration of 
10 or more passenger seats.
    In response to the ALPA comment, the FAA did not make any changes 
to the proposed regulatory text. Therefore, the FAA adopts Sec.  
194.307(cc) as final, but as a result of renumbering it is now Sec.  
194.306(hh).
    Section 135.181 details performance requirements for all aircraft 
operated over-the-top \411\ or in IFR conditions. The FAA proposed in 
Sec.  194.308(f) to apply Sec.  135.181(b) to all powered-lift. A 
powered-lift that is able to meet the performance requirements of Sec.  
135.181(b) would provide the same

[[Page 92430]]

level of safety established for helicopters. This exception would 
provide the same economic relief to powered-lift operators as that 
experienced by helicopter operators. In the NPRM the FAA did not 
propose any changes relating to Sec.  135.181(a)(2) because this 
paragraph applies to all multi-engine aircraft.
---------------------------------------------------------------------------

    \411\ Over-the-top means above the layer of clouds or other 
obscuring phenomena forming the ceiling.
---------------------------------------------------------------------------

    The FAA received two comments on proposed Sec.  194.308(f), one 
from GAMA and one from Joby.
    GAMA recommended that the FAA apply the rotorcraft or helicopter 
rules in Sec.  135.181 to powered-lift. GAMA agrees with the FAA that 
it was appropriate to allow powered-lift to use the performance 
requirements of Sec.  135.181(b) when conducting offshore passenger-
carrying operations.
    The FAA received a comment from Joby not directly specifying Sec.  
135.181 but relating to Sec.  135.183(c), which is a performance 
requirement for a multi-engine aircraft to maintain a certain altitude 
above the surface when a critical engine is inoperative. Joby's comment 
regarding Sec.  135.183 advocated that the FAA use another term to 
capture aircraft that do not have a ``critical engine'' but may have 
other powerplants that could experience a loss of thrust impacting the 
aircraft's ability to stay aloft. As this comment raised the concern 
about powered-lift without a ``critical engine,'' the FAA is including 
Joby's comment here.
    The term ``critical change of thrust'' will be added to the SFAR 
alongside the current term ``critical engine'' in order to ensure that 
the performance requirements currently stipulated in Sec.  
135.181(a)(2) and (b) will apply to those powered-lift that do not have 
a critical engine but can experience a critical change of thrust.\412\ 
Using the term ``critical change of thrust'' ensures that those novel 
aircraft that may not have a critical engine will be required to 
demonstrate the same performance requirements as those stipulated for 
aircraft with a critical engine, thereby ensuring the same level of 
safety is maintained.
---------------------------------------------------------------------------

    \412\ For a more detailed discussion on ``critical change of 
thrust'' see Section V.C.3 regarding Sec.  135.168.
---------------------------------------------------------------------------

    As a result, the FAA will add the term ``critical change of 
thrust'' with respect to powered-lift under Sec.  135.181(a)(2) and 
(b). The FAA adopts Sec.  194.306(ii), which addresses Sec.  
135.181(a)(2), as final. The FAA also adopts the proposed Sec.  
194.308(f) and the new verbiage of ``critical change of thrust'' as 
final. Due to renumbering, the proposed Sec.  194.308(f) is being 
adopted as Sec.  194.306(jj).
    Section 135.183 provides the performance requirements for land 
aircraft to operate over water. Section 135.183(a) requires that any 
aircraft operate at an altitude that allows it to reach land in the 
event of an engine failure. Section 135.183(b) allows overwater 
operations strictly limited to only takeoff and landing operations. 
Section 135.183(c) requires a multiengine aircraft to be able to climb 
with its critical engine inoperative at least 50 feet a minute at 1000 
feet above the surface. Section 135.183(d) allows helicopters the 
option of installing floats if they are unable to meet the requirements 
of paragraph (a) or (c). Section 135.183(a)-(c) are applicable to 
powered-lift because those paragraphs reference aircraft.
    The FAA anticipates that powered-lift may be utilized in the same 
fashion as helicopters carrying passengers over water. Some powered-
lift may not be equipped with floats. Powered-lift that are equipped 
with a flotation device will provide the same level of safety that is 
currently extended to helicopters since that flotation device will have 
gone through the FAA certification process. The FAA expects that a 
powered-lift equipped with floats would land similarly to a float-
equipped helicopter. Accordingly, the FAA proposed in Sec.  194.308(g) 
to allow powered-lift to utilize the exception contained in paragraph 
(d) if the powered-lift is unable to meet the requirements of 
paragraphs (a) or (c).
    The FAA received four comments on proposed Sec.  194.308(g), 
relating to Sec.  135.183.
    In their comment, Joby agreed with the FAA's proposal to include 
powered-lift with all references to helicopter floats.
    Joby stated that most electric powered-lift being developed now use 
distributed electric propulsion (DEP) systems that include multiple 
electric engines/electric power units (EPUs). They also mention that 
some of these designs may not have a single engine that could fail and 
be critical for performance or handling qualities. According to Joby, 
with some of these DEP propulsion designs there may be likely failures 
that don't result in total loss of a single engine, result in partial 
loss of thrust on multiple engines, result in total loss of thrust on 
multiple engines/stations simultaneously, or other non-intuitive engine 
failure scenarios. For these reasons, airworthiness criteria and design 
standards have adopted the concept of ``critical loss of thrust'' for 
showing compliance for performance and handling qualities. Joby 
asserted the term ``critical loss of thrust'' is specific to the 
aircraft and the electric propulsion system designs being used. 
Therefore, Joby recommended revising Sec.  135.183(c) to better 
accommodate multi-engine aircraft with distributed electric propulsion 
systems by adding ``or critical loss of thrust for distributed electric 
propulsion systems.'' Additionally, Joby stated, aircraft that can be 
shown to climb after a critical loss of thrust should be provided 
appropriate credit.
    In their comment, EASA inquired what the FAA expects the buoyancy 
and demonstrated sea states to be, since the FAA is offering the option 
to install floats for powered-lift unable to meet the requirements of 
Sec.  135.183(a) or (c).
    AWPC stated that their aircraft, the AW609 a tiltrotor, is designed 
to operate like a pressurized turboprop airplane when in horizontal 
flight mode and has the equipment and related characteristics of a 
helicopter to conduct ditching procedures. This design approach, 
according to AWPC, addresses the concerns the FAA stated in the NPRM, 
such as buoyancy and the duration to remain afloat after ditching in 
water. The AW609 tiltrotor has design features such as a door above the 
waterline, wing fuel tanks, and a pressurized cabin with closeable 
outflow valves. It is also equipped with an overhead escape hatch and 
flotation system. Therefore, AWPC contended that the application of 
helicopter rules is inappropriate for the AW609 tiltrotor and requests 
the FAA apply a performance and equipage-based approach to applying 
regulations for overwater operations to the AW609 Tiltrotor.
    GAMA argued that certain powered-lift demonstrate the capability to 
glide in a manner similar to airplanes when carrying passengers over 
water. GAMA asserted that, in such cases, it is imperative that the FAA 
apply the relevant airplane version of the rule to ensure appropriate 
and effective oversight. By recognizing the glide capabilities of these 
powered-lift, GAMA argued that the FAA can optimize safety measures and 
streamline regulations accordingly. GAMA stated that it is crucial to 
take full advantage of the similarities to airplane operations in these 
specific scenarios to maintain an equivalent level of safety for 
passengers and facilitate smooth and efficient operations.
    The FAA agrees with Joby that another term to capture aircraft that 
does not have a ``critical engine'' but may have other powerplants that 
could experience a loss of thrust impacting the aircraft's ability to 
stay aloft needs to be

[[Page 92431]]

addressed. The FAA did not include the term ``distributed electric 
propulsion'' as recommended by Joby because the FAA determined this 
change should apply to all future propulsion systems that could 
experience a critical change of thrust, and not just those that are 
electrically driven. Therefore, the FAA will add ``or while 
experiencing a critical change of thrust'' under Sec.  194.306(kk)(1) 
in the final rule thereby ensuring the safety mitigations for land 
aircraft operated over water under Sec.  135.183(c) will also apply to 
powered-lift that may not have a critical engine.\413\ This provision 
is adopted at Sec.  194.306(kk).
---------------------------------------------------------------------------

    \413\ For a more detailed discussion on ``critical change of 
thrust'' see Section V.C.3 regarding Sec.  135.168.
---------------------------------------------------------------------------

    In response to GAMA's comment, the FAA states the requirements 
found in Sec.  135.183 provides risk mitigations for all land aircraft 
when operated over water. This rule as written would apply to powered-
lift except for paragraph (d), which as written for helicopters. To 
operate a powered-lift over water carrying passengers under part 135, 
the powered-lift must be operated at an altitude that allows it to 
reach land in the case of an engine failure. All aircraft are allowed 
to operate over water when it is necessary for takeoff or landing. Any 
aircraft that is multiengine and has the performance capability to 
climb, with the critical engine inoperative, at least 50 feet a minute, 
at an altitude of 1,000 feet above the surface will also be allowed to 
operate over water. Per Sec.  194.308(g), powered-lift that cannot 
climb, with the critical engine inoperative or experiencing a critical 
change of thrust, at least 50 feet a minute, at an altitude of 1,000 
feet above the surface must equip their aircraft with flotation devices 
in order to operate over water. The FAA anticipates that most powered-
lift will be multi-engine and could have the performance capability to 
stay out of the water, but if they don't and the powered-lift lacks 
that performance capability, the operator must install flotation 
devices or stay high enough to be able to either glide or autorotate to 
reach land in the case of engine failure.
    The FAA believes the requirements that are currently in Sec.  
135.183 for all aircraft are in line with the comments received from 
both GAMA and AWPC aimed at following the airplane requirements. The 
only difference is the flotation requirement the FAA will place on 
powered-lift should they not have the performance capability to stay 
out of the water. As addressed in the overwater requirements of 
Sec. Sec.  135.168, 136.9, and 136.11, the FAA does not know whether or 
not a powered-lift will take on water like a helicopter or float for a 
longer period of time like an airplane after ditching. AWPC requested 
the FAA apply a performance-based approach to applying overwater 
regulations. That performance-based approach is already found in Sec.  
194.306(kk), addressing Sec.  135.183(c).
    In response to EASA's request on the expected buoyancy and 
demonstrated sea states, the FAA notes that buoyancy and sea states are 
defined within aircraft certification (combination of regulation and 
guidance material) if a ditching approval is sought. If a powered-lift 
applicant requests this approval, then the FAA would apply the 
appropriate airworthiness criteria from the existing airworthiness 
standards to meet the equivalent level of safety as required under 
Sec.  21.17(b).
    In response to the comments received, the FAA made one change to 
the regulatory text at Sec.  194.306(kk) by using the term ``or while 
experiencing a critical change of thrust.'' The FAA is not making any 
changes regarding the provision to require powered-lift to be equipped 
with floats when unable to otherwise meet the requirements of Sec.  
135.183(a) and (c). The FAA is therefore adopting the proposed Sec.  
194.308(g), though due to renumbering, it is being adopted as Sec.  
194.306(ll).
4. Subpart D: VFR/IFR Operating Limitations and Weather Requirements
    Subpart D prescribes operating limitations for VFR/IFR flight 
operations and associated weather requirements for operations under 
part 135.
    Section 135.203 provides the VFR minimum altitude requirements for 
airplanes and helicopters. Different minimum altitudes for airplanes 
and helicopters exist because the special flight characteristics of a 
helicopter enable it to accomplish an emergency landing in a small 
space relative to an airplane. Additionally, the maneuverability of a 
helicopter permits it to make corrective actions in less distance than 
most airplanes. This enables a helicopter to be operated over congested 
areas at 300 feet above the surface without compromising the safety of 
persons or property on the surface.
    In the NPRM, the FAA proposed in Sec.  194.307(dd) to apply the 
airplane minimum altitude requirements of Sec.  135.203(a) to powered-
lift. The FAA anticipates that many powered-lift operators will prefer 
to utilize lift provided by the wing for as long as practicable in 
order to gain efficiencies in speed and range. The FAA expects that the 
transition from forward flight to vertical flight will require 
additional time, distance, and altitude for powered-lift. Although some 
powered-lift may be capable of performing an emergency autorotation 
into a more confined space, the FAA anticipates that additional 
altitude would increase the chances of a successful outcome without 
undue hazard to persons or property on the surface.
    The FAA received seven comments in response to the proposed Sec.  
194.307(dd). Several commenters disagreed with proposed Sec.  
194.307(dd) and recommended applying the helicopter requirements of 
Sec.  135.203(b) instead. CAE and NBAA argued that the rationale 
provided by FAA for allowing powered-lift to use copter procedures 
should justify applying helicopter MSA requirements to powered-lift. 
CAE stated that powered-lift are capable of vertical takeoff and 
landing in small spaces and have helicopter-like maneuverability. 
Furthermore, CAE noted that the FAA is allowing powered-lift to use 
part 97 copter instrument procedures, recognizing the vertical 
capabilities of these aircraft, but then does not apply the same 
premise to minimum safe altitudes.
    Lilium said that, although autorotation is a key feature for 
helicopters, it should not be the primary factor that allows powered-
lift to operate using helicopter minimums. Lilium suggested determining 
on a case-by-case basis whether a powered-lift should be allowed to use 
the helicopter requirements of Sec.  135.203(b), taking into 
consideration the aircraft's redundant propulsion systems, equipment, 
operational environment, and design.
    Archer recommended replacing category-based operational rules 
regarding minimum safe altitude with type-specific rules informed by 
the type certification and FSB process, similar to that proposed in the 
NPRM for the airworthiness evaluation and eligibility for copter 
procedures. Archer believed using this method to establish the 
operational rules would allow the FAA to evaluate the operational 
capabilities of each powered-lift before deciding which operational 
rules are appropriate. Archer argued that such evaluations would 
achieve the goal of an equivalent level of safety through performance-
based rulemaking. Archer further stated that powered-lift which share 
the key operating capabilities that enable helicopters to safely 
operate at lower altitudes and reduced weather minima should be subject 
to the same operating rules.

[[Page 92432]]

    Eve asserted that the FAA has assigned powered-lift with the 
minimum safe altitude specified for airplanes based on two assumptions: 
that most powered-lift flights while in cruising phase are performed in 
wing-borne flight mode, and that, even if considering the possibility 
of transitioning from wing-borne to vertical flight mode in case of an 
emergency, that requires a safe landing in some place in the city, 
which would result in a loss of altitude. Even though the first 
assumption is valid for most powered-lift, Eve alleged that the second 
assumption deserves further consideration. Eve argued that the time, 
distance, and speed necessary to transition from wing-borne flight mode 
to vertical-lift flight mode should be considered when applicable to 
powered-lift operating in an urban environment. Without knowing those 
parameters, Eve argued that it is not reasonable to assume that 
powered-lift will perform as an airplane and not as a helicopter when 
time, speed, and speed necessary to transition are taken into 
consideration. Eve stated that, for most powered-lift, those time, 
distance, and speed responses will have a suitable certified 
performance because of the use of MEPS (Multi-Electric Propulsion 
System), which Eve alleged will provide increased thrust, efficiency, 
and redundancy to minimize any possible loss of altitude. Therefore, 
Eve recommended that the FAA apply the helicopter provisions of Sec.  
91.119(b)(1) and Sec.  135.203(b) to powered-lift.
    AWPC stated that the FAA's proposal to limit powered-lift to 
airplane MSAs will inhibit their AW609 Tiltrotor powered-lift from 
conducting low-altitude missions such as Search and Rescue (SAR) and 
Air Ambulance. AWPC stated that, while operating in horizontal flight 
mode, the AW609 crews can reach the distressed person or patient faster 
than helicopters. However, AWPC argued that, without the ability to 
operate at helicopter MSAs, even in vertical flight mode, the AW609 
Tiltrotor would not be authorized to operate on the helicopter routes 
or even land at a hospital helipad. AWPC asserted that the minimum 
altitudes for powered-lift should be based on aircraft performance and 
capabilities. AWPC agreed that powered-lift operating in horizontal 
flight mode should operate in accordance with airplane MSA. However, 
AWPC argued that powered-lift capable of demonstrating category A 
performance or an ability to autorotate comparable to helicopters, such 
as the AW609 Tiltrotor, should be allowed to operate at helicopter MSA 
when in vertical flight mode.
    GAMA stated that powered-lift possess helicopter-like 
maneuverability, safe operation at low airspeeds and altitudes, and the 
capability of vertical takeoff and landing. Given these 
characteristics, GAMA felt that the helicopter provisions of this rule 
should apply.
    Joby argued that, depending on the powered-lift's characteristics, 
the MSA rules for helicopters should be applied. Joby pointed to the 
ability of powered-lift to take off and land vertically in relatively 
small spaces, similar to a helicopter. Joby also states that many 
electric powered-lift currently in development have distributed 
electric propulsion systems, which Joby alleged provide a high level of 
redundancy in producing thrust and lift. Joby argued that requiring a 
higher minimum safe altitude for these powered-lift flight operations 
is not necessary to maintain an equivalent level of safety. For those 
aircraft which incorporate multiple electric engines or electric 
propulsion units, Joby alleged that the loss of a single electric 
engine/electric propulsion unit (EPU) or even a critical loss of thrust 
would not directly endanger the crew or passengers or create an undue 
hazard to persons or property on the ground. According to Joby, 
following an engine failure, these aircraft will be able to continue 
safe flight. Joby suggested powered-lift provide a higher level of 
safety than single engine airplanes or helicopters.
    Joby specifically pointed to powered-lift flying air tour and air 
taxi operations, arguing that the ability to fly at lower minimum safe 
altitudes increases their ability to navigate under and around 
congested airspace, deconflict with other aircraft, fly missions more 
efficiently, and better meet market and community objectives in a 
manner consistent with safety. Joby believed that establishing higher 
minimum safe altitudes will inadvertently reduce safety while also 
negatively affecting marketability and community service. Joby also 
believed that, by allowing flight below airspace shelves or below 
approach paths, which is common for helicopters, operational safety 
will be improved while allowing for more inherent traffic 
deconfliction. Joby argued that this is especially important for 
electric powered-lift that have relatively shorter range and endurance 
capabilities than traditional aircraft.
    In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS argued 
that, considering the FAA is allowing powered-lift to use part 97 
copter instrument procedures, thereby recognizing the vertical 
capabilities of these aircraft, the FAA should apply the same premise 
to minimum safe altitudes.
    The FAA evaluated the information from the commenters and therefore 
will create a performance-based rule allowing powered-lift to use an 
altitude lower than specified for airplanes. The FAA considered the 
special flight characteristics of a helicopter, which can accomplish an 
emergency landing within a relatively small space as noted in the Part 
60--Air Traffic Rules final rule.\414\ The FAA has concluded that 
powered-lift that are able to autorotate or conduct an approved 
equivalent maneuver should be allowed to use the same VFR minimum 
altitudes as provided to helicopters. This provision is adopted at 
Sec.  194.306(mm) and (nn). To use this provision, the powered-lift 
will have to be operating either in the vertical-lift flight mode or 
when operating in the wing-borne flight mode be able to transition from 
wing-borne flight to the vertical-lift mode and then conduct a safe 
autorotation or approved equivalent maneuver that permits a controlled 
descent to a landing.
---------------------------------------------------------------------------

    \414\ Part 60--Air Traffic Rules, final rule, 20 FR 6694, 6695 
(Sept. 13, 1955).
---------------------------------------------------------------------------

    When operating in the vertical-lift flight mode, the powered-lift 
must be certificated and be able to conduct an autorotation or an 
approved equivalent maneuver to a landing. Then the provisions of Sec.  
135.203(b) will apply. If a powered-lift is not certificated or able to 
conduct an autorotation or an approved equivalent maneuver to a 
landing, then the minimums specified in Sec.  135.203(a) would apply.
    In order to utilize a lower VFR minimum altitude in the wing-borne 
flight mode, an operator must be authorized by Operations 
Specifications. The Operations Specification will specify the VFR 
minimum altitude for each type of powered-lift. To receive this 
authorization, the powered-lift's AFM must have a minimum altitude 
specified that enables a transition from wing-borne flight to the 
vertical-lift mode and then conduct a safe autorotation or approved 
equivalent maneuver that permits a controlled descent to a landing. 
This authorization will be granted to each specific type of powered-
lift since each type could have a different minimum altitude specified 
in the respective AFM. When operating in the wing-borne flight mode a 
powered-lift in no case will be allowed to go below 300 feet above the 
surface. If the powered-lift does not have this

[[Page 92433]]

limitation established in their flight manual, then when operating in 
the wing-borne flight mode, they will be limited to the airplane 
criteria found in Sec.  135.203(a) for day and night operations. This 
is reflected in the amended Sec.  194.307(dd), which is renumbered as 
Sec.  194.306(mm).
    Section 135.205 provides the visibility requirements for an 
airplane or helicopter operating under VFR in uncontrolled airspace. 
The FAA proposed in Sec.  194.307(ee) that powered-lift operating under 
VFR in uncontrolled airspace would be required to maintain the ceiling 
and visibility requirements detailed for airplanes under Sec.  
135.205(a). The FAA based this proposal on the conclusion that powered-
lift will have the potential to fly at airspeeds higher than rotorcraft 
and may need additional visibility to safely identify other aircraft 
and obstacles and to make appropriate corrective actions.
    The FAA received nine comments on proposed Sec.  194.307(ee). The 
FAA received one comment that agreed with the FAA proposal, seven 
comments that disagreed and wanted the FAA to apply requirements other 
than those specified for airplanes, and one comment relating to air 
ambulance operations.
    Electra.aero supported the FAA's rationale and decision to apply 
airplane VFR/IFR weather minima to electric powered-lift. Electra.aero 
noted that powered-lift will have increased maneuverability and the 
ability to hover or loiter at lower speeds, similar to helicopters. 
However, according to Electra.aero, many electric powered-lift will be 
limited by the battery thermal capability and will only have the 
ability to hover for a few minutes.
    Archer recommended replacing category-based operational rules 
regarding visibility minimums in favor of type specific rules informed 
by the type certification and FSB process. Archer argued that this 
method to establish the operations rules would allow the FAA to 
evaluate the operational capabilities of each powered-lift before 
deciding which operational rules are appropriate. Archer further 
asserted that powered-lift which share the key operating capabilities 
that enable helicopters to safely operate in reduced weather minima 
should be subject to the same operating rules.
    CAE stated that many powered-lift will cruise at speeds lower than 
a fast helicopter but points out that the weather minimums for those 
helicopters have not been increased to mirror the airplane minimums. 
CAE also mentioned that, currently, weather minimums are not based only 
on speed but also on maneuverability. Considering the ability of 
helicopters to operate at lower speeds and with increased 
maneuverability while maintaining safety under less restrictive minima, 
CAE suggested that same criteria should be considered for powered-lift.
    AWPC contended that the blanket application of airplane VFR 
minimums for all powered-lift is prohibitive. AWPC asserted that their 
AW609 Tiltrotor can operate in vertical flight mode with 
maneuverability characteristics consistent with helicopters. AWPC 
argued that basic VFR and special VFR operations should be based on 
mode of flight.
    Lilium urged the FAA to adopt a similar comprehensive and risk-
based approach as Lilium suggested for altitude requirements. Lilium 
also suggested that the FAA evaluate the capabilities and performance 
of individual powered-lift for operating under the helicopter VFR 
weather requirements. Lilium argued that powered-lift are designed to 
operate in low-altitude environments (below 10,000 mean sea level (MSL) 
for short routes. Lilium asserted that utilizing helicopter VFR minimum 
weather requirements may improve airspace congestion and energy 
efficiencies with the ability to operate at lower in-route altitudes.
    Lilium noted that ICAO Document 10103 provides guidance for the 
application of the appropriate operating rules based on the aircraft's 
performance characteristics demonstrated during type certification, 
effectively allowing powered-lift to utilize helicopter requirements if 
they are determined to be capable of safely operating under such 
conditions. Lilium suggested that the FAA consider adopting a similar 
performance-based approach, aligning with international standards and 
enabling U.S. operators to be competitive on a global scale. Lilium 
concluded by stating this approach will ensure each aircraft's safety 
capabilities are considered when determining appropriate visibility 
requirements.
    GAMA stated the proposal to use the operational rules for airplanes 
limits the acceptability of rotorcraft rules and does not establish a 
pathway for the development and application of performance-based rules. 
GAMA mentioned that the application of prescriptive operating rules 
without consideration for the aircraft's performance reduces the 
usefulness of powered-lift. They strongly recommended the FAA to 
consider the diverse capabilities of powered-lift and propose applying 
appropriate operating rules based on the performance characteristics of 
each powered-lift. Similar to Lilium, GAMA advocated for the FAA to 
adopt the approach laid out in ICAO Document 10103. GAMA stated that 
their members understand ICAO Document 10103 as an example of a 
performance-based approach that was developed for a large turbine-
powered configuration. While the document primarily focuses on large 
turbine-powered tilt-rotors, GAMA argued that the document explicitly 
acknowledges that tilt-rotors are part of the powered-lift category. 
GAMA noted that, while the manual doesn't specifically address all 
types of powered-lift, it foresees its use as a basis for other civil 
powered-lift as they mature in design. GAMA argued that the FAA should 
recognize and allow operations based on the full capabilities of 
powered-lift to allow application of rotorcraft rules when appropriate, 
based on aircraft performance to ensure safety and operational 
effectiveness. GAMA firmly believed that regulations should encompass 
the entire spectrum of powered-lift.
    GAMA suggested that the FSB report, type certificate data sheet, 
AFM, and other documents provide methods to establish appropriate 
operating rules. GAMA argued that an operator's Safety Management 
System (SMS), operational control policies, training requirements, and 
other factors demonstrate their capabilities. To achieve this, GAMA 
suggested the FAA can add ``unless as otherwise specified,'' ``unless 
otherwise authorized by the Administrator,'' or ``as specified per 
Flight Standardization Board report'' to Sec. Sec.  194.302, 194.303, 
194.307, and 194.308.
    GAMA concluded by saying that powered-lift possess helicopter-like 
maneuverability, safe operation at low airspeeds and altitudes, and the 
capability of vertical takeoff and landing. Given these 
characteristics, GAMA asserted that the helicopter provisions for 
visibility minimums should apply to powered-lift.
    Joby argued that powered-lift currently in development are mostly 
like helicopters in terms of performance and maneuverability 
capabilities. Joby stated that most electric powered-lift will cruise 
at speeds less than the fastest helicopters. Joby stated that powered-
lift are able to abort continued flight and can land immediately if 
conditions deteriorate quickly. Joby argued that these qualities should 
allow electric powered-lift to operate at lower visibility and cloud 
clearance distances while maintaining the same degree of safety as 
fixed-wing aircraft flying under

[[Page 92434]]

more restrictive minima per the FAA's own rationale and previous policy 
established for helicopters. According to Joby, VFR visibility and 
cloud separation requirements also provide a safety margin from 
unintentional flight into Instrument Meteorological Conditions. Joby 
suggested that powered-lift can be operated with reduced visibility and 
cloud separation minima, while still maintaining the same degree of 
safety as fixed-wing aircraft flying under more restrictive minimums. 
Joby recommended that the FAA establish special allowances for VFR 
weather minima as a function of the type of operation being conducted, 
such as urban air taxi service, air ambulance, air tours, or regional 
travel. Joby argued that the FAA should consider the benefits of 
enhanced vision systems to support operations in basic VFR minimums.
    In a group comment, AOPA, GAMA, HAI, NATA, NBAA, and VFS asserted 
that many powered-lift will cruise at speeds lower than fast 
helicopters, such as the Bell 429, Eurocopter AS365, and many other 
helicopter types, yet the weather minimums for those helicopters are 
not increased to the airplane minimums. Therefore, they contended that 
weather minimums are not based only on speed but also on 
maneuverability.
    Airbus Helicopters asserted that some powered-lift designs may have 
performance characteristics comparable to helicopters and are expected 
to perform emergency medical services. They provided that the FAA's 
proposed approach is restrictive and could prevent the development of 
medical services with powered-lift. They recommended the FAA reconsider 
the application of these for powered-lift performing air ambulance 
operations.
    In response to Airbus Helicopters comment, the FAA refers Airbus 
Helicopters to the visibility requirements specified for air ambulance 
operations as provided in Sec.  194.306(qqq), pertaining to Sec.  
135.609. In the final rule the FAA made provisions for powered-lift 
conducting air ambulance operations to use visibility requirements 
based upon the mode of flight.
    In reconsidering the proposal requiring powered-lift to comply only 
with airplane visibility minimums, the FAA has carefully re-evaluated 
the purpose of the visibility regulations established for helicopters 
to help determine if the justification used for helicopters could be 
applied to powered-lift today. The FAA considered the commenters' 
assertions that weather minimums are not only based on speed but also 
on the maneuverability of an aircraft. The FAA agrees with the 
commenters that helicopters, which operate at lower speeds, benefit 
from the increased maneuverability while maintaining safety under a 
less restrictive visibility minima. The FAA believes powered-lift 
operating in the vertical-lift flight mode will benefit from increased 
maneuverability. The FAA has concluded that, when a powered-lift is 
operating in the vertical-lift flight mode at a speed that allows the 
pilot to see and avoid any other air traffic or any obstructions in 
time to avoid a collision, a lower visibility minimum can be used 
without any degradation of safety.
    Therefore, the FAA will incorporate a change from the visibility 
minimums proposed in Sec.  194.307(ee) of the NPRM by allowing powered-
lift operating in the vertical-lift flight mode to comply with the 
helicopter visibility minimums of \1/2\ mile during the day and 1 mile 
at night. This provision is adopted at Sec.  194.306(pp). This lower 
visibility minimum will be limited to VFR at an altitude of 1,200 feet 
or less above the surface or within the lateral boundaries of the 
surface areas of Class B, Class C, Class D, or Class E airspace 
designated for an airport. Powered-lift seeking to use the helicopter 
visibility minimums must be operated at a speed that allows the pilot 
enough time to see and avoid any other air traffic, or any obstructions 
in time to avoid a collision. All powered-lift operating in the wing-
borne flight mode, and those operating in the vertical-lift flight mode 
which cannot be operated at a speed that allows the pilot enough time 
to see and avoid any other air traffic or any obstructions to avoid a 
collision, must comply with the airplane visibility minimums prescribed 
in Sec.  135.205(a). The FAA will adopt the proposed Sec.  194.307(ee) 
as amended, though due to renumbering, it is being adopted as Sec.  
194.306(oo).
    Section 135.207 outlines helicopter surface reference requirements 
under VFR. The FAA anticipates that powered-lift will be equipped with 
advanced technologies and flight instrumentation that will provide 
adequate situational awareness as well as an ability to maintain 
positive control of an aircraft in lower light and visibility 
situations. The FAA proposed in Sec.  194.308(h) that Sec.  135.207 
will only apply to powered-lift that do not have the flight 
instrumentation listed in Sec.  135.159 installed and operable. This 
will ensure that the pilot can safely control a powered-lift that is 
manufactured without flight instruments required by Sec.  135.159.
    The FAA received two comments on proposed Sec.  194.308(h), one 
from AWPC and one from GAMA. AWPC suggested that the title of Sec.  
135.207 should be amended to ``Helicopters and powered-lift surface 
reference requirements.'' For the text of Sec.  135.207, AWPC suggested 
that the phrase ``or powered-lift'' be added after ``no person may 
operate a helicopter.''
    GAMA recommended that the FAA should use the ICAO guidance provided 
for helicopters most of the time. Similar to AWPC, GAMA placed the term 
powered-lift alongside helicopter for Sec.  135.207 in their 
recommendation for the FAA to follow ICAO. The change suggested by AWPC 
and GAMA for Sec.  135.207 is too restrictive and would prohibit 
powered-lift from flying VFR over the top, or at night without visual 
surface references, even when a powered-lift has the instruments 
specified in Sec.  135.159 to conduct the operation safely. As stated 
in the NPRM, the FAA anticipates that powered-lift that are equipped 
with advanced technologies and flight instrumentation will provide 
adequate situational awareness as well as an ability to maintain 
positive control of an aircraft in lower light and visibility 
situations. The FAA will adopt the proposed rule as final, though due 
to renumbering, it is being adopted as Sec.  194.306(qq).
    Section 135.209(a) requires airplanes to have enough fuel supply 
under VFR, considering wind and forecast weather conditions, to reach 
the first point of intended landing at normal cruise fuel consumption 
and then fly after that point for 30 minutes. At night, this 
requirement increases to 45 minutes past the first point of intended 
landing. Section 135.209(b) states that helicopters must have enough 
fuel to fly to the first point of intended landing, considering wind 
and forecast weather conditions, and enough fuel to fly after that for 
at least 20 minutes regardless of day or nighttime.
    In the NPRM, the FAA proposed in Sec.  194.307(ff) to require 
powered-lift to adhere to the fuel reserves set forth in Sec.  
135.209(a). This is because powered-lift will likely conduct cruise 
operations in configurations similar to airplanes, while they will 
conduct takeoff and landing operations in a manner similar to 
helicopters. Because powered-lift will predominately use wing-borne 
flight during cruise, similar to airplanes, the FAA anticipates that 
some powered-lift would have the potential to fly at higher altitudes 
and speeds. Additionally, some powered-lift may require more surface 
area to conduct a landing than a helicopter, thereby reducing the 
number of available unplanned landing

[[Page 92435]]

sites, and would benefit from the additional fuel reserves required for 
airplanes.
    There were 15 comments received for Sec.  194.307(ff). The FAA 
received comments from two commenters that agreed with the FAA proposal 
and thirteen commenters that disagreed and wanted the FAA to apply 
requirements other than those specified for airplanes.
    An anonymous commenter agreed with the FAA's proposal, noting that 
battery-powered aircraft should have the same energy ``fuel'' reserves 
as other propeller or jet aircraft, 30 minutes during the day and 45 
minutes at night. The commenter pointed out that weather can be 
unpredictable. This commenter provided an anecdote from their own 
experience when flying on the Bay area side of the Pacific Coast 
mountains. During a flight, by the time the commenter saw the fingers 
of fog coming through the mountain passes from the Pacific Coast they 
barely had enough time to get back to Palo Alto airport, fly a landing 
pattern, and still land in VFR. Additionally, the commenter pointed out 
that un-forecast winds could exceed the capability of the powered-lift 
to land at a vertiport located on top of a building, thus requiring a 
diversion to another location, meriting extra reserves.
    The Advanced Air Mobility Institute suggested the FAA consult with 
the Department of Defense to determine powered-lift fuel requirements.
    Electra.aero supported the FAA's rationale and decision to apply 
airplane fuel reserve requirements to eVTOL aircraft. Electra.aero 
pointed out that operations in the National Airspace System (NAS) 
require margin, which can only come from appropriate reserves to allow 
for unexpected circumstances. Electra.aero also noted that electric 
energy storage technologies still have significant uncertainties which 
warrant this more conservative approach until sufficient operational 
experience is achieved.
    Archer believed that the application of airplane fuel reserves to 
the powered-lift category is inappropriate and argues that the FAA is 
failing to consider the unique operational capabilities of powered-lift 
that are able to take off and land vertically. Archer pointed out that 
there is limited range and endurance inherent in battery electric 
propulsion. Archer urged the FAA to consider regulations that will 
enable approvals of performance-based fuel reserves tailored 
specifically for those eVTOL powered-lift seeking certification.
    Archer further argued that aircraft certification should inform the 
decision on fuel reserves rather than operational data. For example, 
Archer noted that, while helicopters have multiple single-point-of-
failure vulnerabilities, their own ``Midnight'' aircraft has no single-
point-of-failure vulnerabilities, a reliability Archer feels should 
also be recognized in the determination of reserve fuel.
    Archer pointed out that existing airplane fuel reserve regulations 
in part 91 and 135 would permit, as an example, an aircraft operating a 
3,000 nm, 5-hour flight, with a requirement to land on runways in 
excess of 5,000' in length, to carry just 30 minutes of reserve fuel. 
Archer said this should not be the standard applied to an aircraft 
anticipated to typically operate less than 50 nm, 20-minute flights.
    In order to recognize the unique, short-range operating environment 
anticipated by powered-lift eVTOLs, Archer recommended a regulation 
that can follow long-standing precedent of the fuel reserve OpSpecs 
that are utilized by many part 121 air carriers. Archer argued that 
this data-driven fuel planning would recognize that eVTOLs operating on 
very short stage lengths are likely to be able to demonstrate, with 
data, consistency in operations that enable lower fuel reserves with 
equivalent levels of safety.
    Archer recommended that the FAA adopt language in part 194 that 
will allow for Performance Based Contingency Fuel (PBCF) approvals for 
part 135 based on operational data.
    CAE asserted that the FAA has failed to consider powered-lift 
characteristics and their operating environment. CAE noted that 
airplanes require longer fuel reserves because they might have to fly a 
farther distance to reach a suitable landing site, while helicopters 
are afforded the advantage of shorter fuel reserves because they are 
capable of landing in smaller locations. According to CAE, the same is 
true for powered-lift, which can land in a vertical mode at the same 
types of locations as helicopters.
    Additionally, CAE argued that the proposed SFAR prescriptive time-
based requirements do not consider each individual aircraft's 
performance-based capabilities when determining fuel reserves. CAE then 
suggested that the FAA should apply ICAO Document 10103 when assessing 
operational rules, as an application of the ICAO guidance would result 
in helicopter fuel reserve regulations being applied to powered-lift. 
Additionally, CAE proffered that the FAA should allow operators and 
manufacturers to seek waivers or exemptions based on the performance of 
their powered-lift.
    AWPC argued that powered-lift capable of VTOL should be allowed to 
use helicopter VFR fuel reserves and that powered-lift authorized to 
utilize copter procedures should be allowed to use helicopter IFR fuel 
reserves. AWPC stated that this recommendation aligns with ICAO 
Document 10103, which they argue supports applying helicopter fuel 
reserves to powered-lift such as the AW609 Tiltrotor. AWPC argued that 
a performance-based approach to the fuel reserve requirements for their 
own AW609 Tiltrotor is appropriate based on its capabilities consistent 
with helicopters and confirmed by the empirical data from the V-22 
operations. AWPC believed that applying the helicopter fuel reserves to 
their powered-lift likely would exceed the level of safety of existing 
helicopters and airplanes.
    Eve stated that, while the FAA acknowledges that powered-lift 
operations seem to be more aligned with the type of missions 
helicopters operate, the FAA still disregards the rotorcraft fuel 
reserve requirements of 20-minute regardless of whether the operation 
occurs during the day or night. Eve argued that the FAA has opted for a 
much more conservative approach without considering the performance-
based capabilities of powered-lift to be operated in urban environment. 
Eve recommended considering appropriate operational requirements 
applied for energy reserve based on the design and performance 
capabilities of each individual certified powered-lift. Eve further 
recommended that the FAA consider alignment with ICAO Document 10103 
guidance to meet the existing operational safety level applied for 
helicopters and airplanes.
    Eve recommended for the SFAR that the FAA introduce more practical, 
performance-based energy reserve requirements applied for planned 
routes and consider the type of energy used by the powered-lift 
relating to the operation applied for each type of aircraft (shorter 
range, alternate landing sites, energy capacity, performance 
capabilities). Eve provided an example of their concept for 
``Alternative Energy Reserve Requirement,'' which includes a specific 
risk mitigation assessment. Eve's proposed specific risk mitigation 
assessment would include at a minimum, certified energy consumption 
data provided by the manufacturer, energy planning and in-flight 
replanning, the selection of alternate landing sites, and in-flight 
energy management.''
    Lilium stated that the FAA's proposed requirement will create 
obstacles to market success for eVTOL powered-lift

[[Page 92436]]

operators. Lilium recommended a more flexible approach that allows 
powered-lift and part 135 commercial operators meeting specific 
performance requirements to utilize performance-based and/or helicopter 
reserve requirements. Lilium believed that the necessary aircraft 
performance criteria could be determined during aircraft certification 
and type rating evaluation processes. Lilium also believed the 
performance-based requirements combined with the appropriate operator 
requirements and evaluations can provide a safer and more appropriate 
reserve solution for certain powered-lift.
    Lilium suggested taking cues from EASA, which is adopting a 
performance-based approach. Lilium suggested similarly embracing modern 
and sophisticated energy planning standards that surpass the FAA's 
adoption of airplane standards rooted in 1950-70s technology. Lilium 
proposed allowing operators who comply with EASA's proposed performance 
standards to adopt those standards for U.S. operations, thus enabling 
the use of EASA-approved performance-based reserve requirements.
    Lilium supported the system framework and concepts outlined in an 
upcoming GAMA white paper \415\ and asserts it should be adopted by the 
FAA as an alternative to what Lilium sees as overly strict airplane 
fuel reserve requirements. Alternatively, Lilium suggested that the FAA 
consider applying the 20-minute VFR fuel reserve requirements for 
helicopters to powered-lift or have available a performance-based fuel 
reserve requirement that would be approved by the FAA, in lieu of 
airplane requirements. Lilium believed such an approach, combined with 
the appropriate aircraft equipment and operator capabilities, would 
better serve the unique operational needs of powered-lift.
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    \415\ General Aviation Manufacturers Association, Managing Range 
and Endurance of Battery-Electric Aircraft (2023), gama.aero/wp-
content/uploads/Managing-Range-and-Endurance-of-Battery-Electric-
Aircraft_v1-1.pdf.
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    BETA asserted the FAA's proposal of the existing airplane VFR and 
IFR reserve requirements is overly burdensome for powered-lift that may 
only be capable of short duration flights and does not consider the 
variability in required energy reserves for electric propulsion 
powered-lift based on the planned flight profile and landing type. BETA 
recommended the FAA add an option for a performance-based fuel reserve 
that can be determined based on the capability of the aircraft and the 
intended flight plan because they asserted the safety intent of the 
fuel reserve requirement can be met by using those parameters.
    BETA argued that the initial certified electric propulsion powered-
lift will likely have range capability below traditionally fueled 
aircraft of the same size and capability due to current technology 
limitations in energy storage. BETA also believed for short duration 
flights the existing airplane reserve requirements may represent 
carrying more than double the required energy for a VFR mission and 
triple the energy required for an IFR mission. BETA argued that this is 
a disproportionately heavy burden when compared to the performance 
impact of the same reserve on traditional aircraft using standard 
aviation fuels. BETA further stated that the FAA's proposed fuel 
reserve does not provide a commensurate increase in safety that 
balances the reduction in usefulness of the aircraft.
    According to BETA, for electric propulsion aircraft, the rate of 
energy consumption is significantly higher during vertical flight 
operations like takeoff and landing and is not generally proportional 
to duration of flight or distance flown. BETA also mentioned that 
electric propulsion powered-lift will have variable energy reserve 
needs based on the planned flight profile.
    The Vertical Aerospace Group stated the 30-minute energy reserve 
requirement for day VFR operation is overly conservative and fails to 
consider the unique operating characteristics of powered-lift, which 
are capable of vertical landings and performing approach and go-around 
maneuvers in low-speed thrust-borne mode, allowing more flexibility in 
emergency conditions.
    The Vertical Aerospace Group argued that the proposed reserve 
requirement will hinder the development of the powered-lift industry in 
the United States. According to the Vertical Aerospace Group, eVTOLs 
are primarily designed for short distances, such as urban air mobility 
operations, and applying fuel reserve requirements for airplanes, which 
often undertake longer cross-country flights, is not aligned with the 
typical mission profiles of powered-lift eVTOLs and could hinder growth 
of this emerging sector.
    Given the variation of aircraft designs within the powered-lift 
category, the Vertical Aerospace Group encouraged the FAA to take a 
performance-based approach, setting fuel requirements based on the 
performance and the type of operation of the specific aircraft, 
allowing for a more tailored approach in which the overall design, 
operational profile, and safety requirements of the aircraft are 
considered. In addition, the Vertical Aerospace Group stated that such 
an approach would be in line with other regulators such as EASA 
supporting greater regulatory harmonization.
    GAMA argued the approach to use airplane requirements for many of 
the operational rules does not consider that many powered-lift have 
performance capabilities similar to rotorcraft. GAMA further stated 
that the application of prescriptive operating rules without 
consideration for vehicle performance reduces the usefulness of 
powered-lift. GAMA strongly recommended the FAA consider the diverse 
capabilities of powered-lift and mentions that the broad diversity for 
the blanket application of airplane rules is not suitable for 
accommodating the unique design characteristics of these new aircraft.
    According to GAMA, the distinct performance capabilities of 
powered-lift significantly impact their flight operations, fuel 
consumption, and the ability to respond to varying weather conditions 
and other unexpected circumstances that would drive a reserve 
requirement. GAMA noted that the ability for powered-lift to engage in 
vertical takeoff and landing means powered-lift can avoid lengthy 
diversions often required of fixed-wing aircraft to find suitable 
runways in emergency or uncertain conditions, thus reducing the need 
for prolonged extra reserve fuel. GAMA further stated that the ability 
to hover, decelerate rapidly, and maneuver at low speeds allows both 
helicopters and powered-lift to safely operate in conditions of reduced 
visibility, further justifying a reduced fuel reserve requirement.
    GAMA believed a performance-based energy reserve concept has the 
same overarching objective as the prescriptive time-based reserve 
approach, which is to ensure a safe landing. According to GAMA, the FAA 
could assess the energy capabilities of each powered-lift in order to 
determine the performance-based energy reserve.
    Joby argued that the FAA should amend their part 194 requirements 
to specify fuel reserves for powered-lift to align with today's 
requirements for helicopters. Joby stated that powered-lift share 
unique performance capabilities with helicopters, which differentiates 
them from traditional fixed-wing aircraft. Joby argued that these 
capabilities mean powered-lift can sidestep extensive detours to locate 
appropriate runways during emergencies or uncertain situations, thereby 
decreasing the necessity for extended reserve energy. According to

[[Page 92437]]

Joby, the proficiency to hover and navigate at low velocities permits 
helicopters and powered-lift to function in reduced visibility 
scenarios. Considering these abilities, powered-lift are often able to 
land in environments where conventional aircraft would be compelled to 
divert, further endorsing the case for equivalency with respect to 
reserve energy.
    Joby noted that an electric powered-lift, when being dispatched, 
might be required to carry a more significant portion of its energy 
reserve under the proposed regulation compared to conventionally fueled 
aircraft and might be restricted from commencing flights merely because 
of disproportionate energy reserve mandates.
    AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single 
document submitted by NBAA. These organizations stated they believe the 
FAA failed to consider the characteristics powered-lift and their 
operating environment by unilaterally applying airplane fuel reserves 
to all powered-lift. They also stated that airplanes require longer 
fuel reserves because they might have to fly a farther distance to 
reach a suitable landing site, while helicopters are afforded the 
advantage of shorter fuel reserves because they are capable of landing 
in smaller locations. The same should hold true of powered-lift, which 
can land in a vertical mode at the same types of locations as 
helicopters. These commenters recommended the FAA consider the 
capabilities of powered-lift and apply ICAO Document 10103 to its 
assessment of operational rules. This will allow for international 
harmonization and for aircraft to best utilize each aircraft's 
capabilities. The group also mentioned that if the FAA does not allow 
blanket permission for powered-lift to utilize helicopter operational 
rules while in vertical flight mode, the FAA should provide a pathway 
for an operator or manufacturer to seek approval or authorization to 
adopt the alternate rule.
    Like several other commenters, L3Harris stated that the FAA should 
utilize ICAO Document 10103. Specific to the fuel requirements, L3 
Harris suggests the FAA add a specific section to the SFAR that 
specifies fuel reserve requirements for both VFR and IFR operations.
    An individual commenter asserted the FAA SFAR is far too 
conservative on operational guidance and that the FAA fails to 
understand the performance capability of powered-lift. The commenter 
indicated they have flown powered-lift for 11 years and indicated that 
having the flexibility to use helicopter regulations and operating 
procedures has ensured their ability to safely complete the mission and 
care for the crew and passengers.
    The FAA has considered the many comments requesting the FAA to 
allow powered-lift to use the helicopter VFR fuel minimums. In 
response, the FAA has decided to provide some relief from the VFR fuel 
supply requirements the FAA originally proposed in the NPRM for 
powered-lift when the aircraft has the performance capability to always 
conduct a landing in the vertical-lift flight mode along the entire 
route of flight. The FAA has considered the hybrid nature of a powered-
lift and its ability to operate similar to a helicopter or an airplane, 
depending on the mode of flight in which it is being operated. The FAA 
acknowledges that, when a powered-lift can conduct a landing in the 
vertical-lift flight mode, which enables it to land in areas similar to 
what a helicopter requires, there will be more landing sites available 
to the powered-lift as compared to airplanes. Therefore, the FAA will 
allow a powered-lift to use the VFR helicopter fuel minimums when they 
are able to conduct a landing in the vertical-lift flight mode. This 
provision would not prevent a powered-lift from operating in the wing-
borne flight mode but will require the powered-lift to have the 
performance capability, as detailed in the AFM, to conduct a landing in 
the vertical-lift flight mode along the entire route of flight.
    This will provide powered-lift operational flexibility without a 
degradation of safety, as there is a long history of helicopter 
operations using the 20-minute fuel reserve requirement. When using 
this provision, a person must consider any landing performance data 
that enables a landing in the vertical-lift flight mode, including 
taking into consideration the energy requirements to successfully 
complete a descent and landing in the vertical-lift flight mode from 
the altitude they plan to use. There may be performance requirements or 
limitations contained in the AFM that would prevent a powered-lift from 
conducting a landing in the vertical-lift flight mode, such as a 
landing weight limitation, thereby requiring the use of the airplane 
fuel supply requirements of Sec.  135.209(a).
    In the comments, the FAA received requests from manufacturers that 
are developing aircraft with a non-traditional fuel supply, such as 
battery powered, to allow fuel requirements other than the prescriptive 
airplane or helicopter VFR fuel supply requirements. The FAA has 
decided to adopt a deviation process as an alternative pathway to the 
VFR fuel supply requirements. The FAA concluded that the deviation 
process could maintain the level of safety provided by Sec.  135.209 
and be beneficial to those powered-lift using non-traditional fuel 
sources. In order to maintain this level of safety, the FAA has 
determined a deviation will be available only to those powered-lift 
operating over specific routes that have predetermined suitable landing 
areas available. A suitable landing area under Sec.  194.306(rr) and 
(ss) is an area that provides the operator reasonable capability to 
land without causing undue hazard to persons or property. These 
suitable landing areas must be site-specific, designated by the 
operator, and accepted by the FAA. This will ensure that any operation 
conducted with less than the prescriptive VFR fuel supply minimums will 
be conducted under a controlled environment. The controlled environment 
will incorporate pre-determined suitable landing areas that are known 
by the pilot in advance and be based upon the specific route being 
flown along with the VFR fuel reserve specified in minutes. The FAA 
will evaluate each certificate holder's deviation request to determine 
if the proposed operation will maintain an equivalent level of safety 
as currently provided in the prescriptive rule. The authorization to 
use this deviation would be granted to the certificate holder via 
Operations Specifications (OpSpecs). In response to Archer's point on 
operational data being determined during aircraft certification, the 
FAA notes that the fuel reserve requirements are based upon the 
operational rules in which the flight is conducted and, unlike Archer 
alleged, are not determined during aircraft certification. Archer also 
mentioned that, while helicopters have multiple single-point-of-failure 
vulnerabilities, Archer's ``Midnight'' aircraft has none, a reliability 
Archer believed should also be recognized in the determination of 
reserve fuel. In response to this comment, the FAA states reliability 
is not a consideration for the fuel requirements of this rule. The FAA 
also disagrees with Archer's assertion that fuel reserve requirements 
should vary based upon the range of the aircraft. The FAA has 
consistently held that fuel reserve requirements do not vary based upon 
the range of the aircraft.
    The FAA also disagrees with Eve's assertion that the FAA should 
consider appropriate operational requirements applied for energy 
reserve based on the design and performance capabilities of each 
individual certified powered-lift.

[[Page 92438]]

Fuel reserve requirements are based upon the operational rules in which 
the flight is conducted and are not based upon an aircraft's individual 
design or performance capability.
    BETA also mentioned that electric propulsion powered-lift will have 
variable energy reserve needs based on the planned flight profile. The 
FAA does agree with BETA's assertion that fuel reserve requirements are 
not entirely based upon the duration of flight or distance flown. All 
operators must take into consideration the energy requirements based 
upon their entire planned flight including any extra energy 
requirements for vertical-lift flight operations. The FAA disagrees 
with BETA's argument that the variable energy reserve should be based 
upon the planned flight profile without any kind of mitigations to 
ensure the continued safety of the operation. However, as discussed 
above, the FAA is providing a pathway, through deviations, for a 
reserve amount less than the prescriptive airplane or helicopter fuel 
reserve minimums.
    In response to the Vertical Aerospace Group's comments, the FAA 
notes that fuel reserves are based upon time to enable a pilot to take 
corrective/alternative action, not on the type of energy used to propel 
the aircraft. Therefore, time is the factor for fuel reserve planning, 
and that time computes into a specific quantity of fuel or energy 
remaining, based upon the fuel/energy usage of the aircraft.
    In response to the Advanced Air Mobility Institute's comment, the 
FAA asserts that commercial flight operations do not have the same 
level of acceptable risk as Department of Defense operations. 
Therefore, using the Department of Defense VFR fuel requirements would 
not be the benchmark for setting the VFR fuel requirements for powered-
lift in part 135 operations.
    In conclusion, the FAA will require a powered-lift unable to land 
in the vertical-lift flight mode along the entire route to have 30 
minutes fuel reserve during the daytime and 45 minutes during 
nighttime, as outlined in Sec.  135.209(a). The FAA will add a 
provision enabling powered-lift that are continuously capable of 
conducting a landing in the vertical-lift flight mode along the entire 
route of flight to use 20 minutes of fuel reserve, as outlined in Sec.  
135.209(b). This provision is adopted at Sec.  194.306(ss). 
Additionally, the Administrator may authorize deviations from the 
airplane or helicopter prescriptive fuel reserve requirements for 
powered-lift operations on specific routes that have one or more 
predetermined suitable landing areas, if the FAA finds the operation 
can be conducted safely. The FAA will adopt the proposed Sec.  
194.307(ff) as amended, though due to renumbering, it is being adopted 
as Sec.  194.306(rr).
    Section 135.221 provides the requirements for alternate airport 
weather minimums. Per Sec.  135.221(a), no person operating an aircraft 
other than rotorcraft may designate an alternate airport unless the 
weather reports or forecasts indicate the weather conditions will be at 
or above authorized alternate airport landing minimums for that airport 
at the estimated time of arrival. Section 135.221(b) provides alternate 
airport weather minimums for rotorcraft.
    The FAA notes that powered-lift will likely spend the majority of 
flight time in wing-borne flight and cruise at higher altitudes with 
the potential for higher speeds than rotorcraft. As such, the FAA 
proposed the rules for rotorcraft in Sec.  135.221(b) will not apply to 
powered-lift.
    The FAA received four comments on the FAA's proposal to apply the 
requirements of Sec.  135.221(a) to powered-lift and not permit 
powered-lift to use the provisions of Sec.  135.221(b).
    AWPC argued that their AW609 Tiltrotor, is capable of VTOL, can 
conduct copter instrument approaches, and has an endurance comparable 
to helicopters. AWPC noted the AW609 Tiltrotor can conduct copter 
instrument approaches as well as meet the requirements for copter 
procedures as defined in Sec.  97.3 (allow for reduced visibility 
minimums). As such, AWPC argued that their powered-lift should be 
subject to a performance-based IFR alternate airport weather minima 
requirement.
    Lilium believed that the safe use of helicopter flight rules for 
powered-lift can be evaluated during aircraft certification and/or the 
type rating evaluation process. Lilium recommended that the FAA adopt a 
similar comprehensive and risk-based approach as suggested by Lilium 
for altitude requirements in order to evaluate the capabilities and 
performance of each individual powered-lift to safely operate under 
helicopter IFR.
    While GAMA did not specifically address Sec.  135.221, GAMA 
recommended that the FAA consider the capabilities of powered-lift 
rather than adopting what GAMA characterized as a ``blanket 
application'' of airplane rules. GAMA generally supported the FAA 
adopting performance-based operating regulations for powered-lift and 
points to ICAO Document 10103 as a source of guidance.
    In response to the comments received, the FAA made changes to the 
original proposal and will add regulatory text at Sec.  194.306(tt) to 
allow powered-lift to have the ability to use the rotorcraft alternate 
airport weather minimums specified in Sec.  135.221(b), provided the 
powered-lift has the authorization to conduct copter procedures and can 
land in the vertical-lift flight mode, as provided in the AFM.
    A powered-lift will only be authorized to utilize copter procedures 
if they are able to fly at the slower airspeeds necessary to conduct 
those procedures. Powered-lift that are unable to meet the requirements 
for copter procedures will be required to use standard approach 
procedures and therefore the alternate airport minimums specified for 
aircraft in Sec.  135.221(a). During aircraft certification, the FAA 
will assess the aircraft's stability, system, and equipage for IFR 
operations. A powered-lift that does not possess these characteristics 
may still be certificated for IFR but will be prohibited from 
performing copter procedures and have a limitation in the AFM to that 
effect. Those powered-lift would not be authorized to use the 
rotorcraft option and would be required to use the IFR alternate 
airport minimums specified for aircraft. This requirement is adopted at 
Sec.  194.306(tt).
    When taking into consideration whether a powered-lift can land in 
the vertical-lift flight mode, a person must consider any landing 
performance data contained in the AFM that enables the aircraft to 
conduct a landing in the vertical-lift flight mode. There may be 
performance requirements or limitations contained in the AFM that would 
prevent a powered-lift from conducting a landing in the vertical-lift 
flight mode, such as a landing weight limitation, thereby requiring a 
person to use the IFR alternate airport minimums specified for aircraft 
in Sec.  135.221(a).
    In response to Lilium's comment about establishing operational 
rules during aircraft certification, the FAA disagrees with Lilium. 
During the certification process, an applicant should have an 
understanding of the requirements of the rules in which they wish to 
market their aircraft and design them accordingly.
    Section 135.223(a) requires aircraft other than helicopters to 
carry a 45-minute fuel reserve. Section 135.223(a)(3) requires a fuel 
reserve for helicopters of at least 30 minutes. In the NPRM, the FAA 
proposed to retain the 45-minute fuel reserve requirement specified for 
aircraft for powered-lift

[[Page 92439]]

and did not apply the less restrictive helicopter fuel reserve 
requirement set forth in Sec.  135.223(a)(3).
    The FAA received one comment in support of and twelve comments 
opposing the FAA's proposal to apply Sec.  135.223(a)(3).
    An anonymous commenter agreed with the FAA's proposal noting that 
battery-powered aircraft should have the same energy ``fuel'' reserves 
as other propeller or jet aircraft, 30 minutes at day and 45 minutes at 
night, and 45 minutes IFR reserve plus ``fuel'' or battery power to fly 
to an alternate airport and conduct the approach if necessary.
    Archer believed that the application of airplane fuel reserves to 
the powered-lift category is inappropriate, and that the FAA is failing 
to consider the unique operational capability of a powered-lift's 
ability to take off and land vertically. Archer urged the FAA to 
consider regulations that will enable approvals of performance-based 
fuel reserves tailored specifically for those eVTOL powered-lift 
seeking certification.
    According to Archer, in order to recognize the unique, short-range 
operating environment anticipated by powered-lift eVTOLs, they 
recommend a regulation that can follow long-standing precedent of the 
fuel reserve OpSpecs that are utilized by many part 121 air carriers. 
This data-driven fuel planning would recognize that eVTOLs operating on 
very short stage lengths are likely to be able to demonstrate, with 
data, consistency in operations that enable lower fuel reserves with 
equivalent levels of safety. Archer recommended that the FAA adopt 
language in part 194 that will allow for Performance Based Contingency 
Fuel (PBCF) approvals for part 135 based on operational data.
    The Advanced Air Mobility Institute suggested the FAA consult with 
the Department of Defense to determine powered-lift fuel requirements.
    As stated above, CAE provided comments on fuel reserves 
distinguishing between the varying characteristics and differences 
between airplanes and powered-lift. CAE also recommended that the FAA 
should provide an alternate pathway for an operator or manufacturer to 
obtain approval for a different fuel reserve minimum.
    AWPC argued that powered-lift capable of VTOL should be allowed to 
use helicopter VFR fuel reserves.
    Eve recommended considering appropriate operational requirements 
applied for energy reserve based on the design and performance 
capabilities of each individual certified powered-lift. Eve recommended 
that the FAA consider alignment with ICAO Document 10103 guidance to 
meet the existing operational safety level applied for helicopters and 
airplanes.
    Eve recommended that the FAA introduce more practical, performance-
based energy reserve requirements applied for planned routes and 
consider the type of energy used by the powered-lift relating to the 
operation applied for each type of aircraft.
    Lilium recommended that the FAA adopt appropriate regulatory 
amendments to provide flexibility for certificate holders to operate 
powered-lift under helicopter instrument requirements where it has been 
determined appropriate and approved by the Administrator.
    BETA asserted that the FAA's adoption of the existing airplane VFR 
and IFR reserve requirements is overly burdensome for powered-lift that 
may only be capable of short duration flights and fails to consider the 
variability in required energy reserves for electric propulsion 
powered-lift based on the planned flight profile and landing type.
    The Vertical Aerospace Group asserted that the 30-minute energy 
reserve requirement for day VFR operation is overly conservative and 
that the FAA failed to consider the unique operating characteristics of 
powered-lift and access to powered-lift would be limited. It also 
alleged that powered-lift are capable of vertical landings and 
performing approach and go-around maneuvers in low-speed thrust-borne 
mode, allowing more flexibility in emergency conditions.
    Vertical Aerospace Group also stated that the FAA should recognize 
that electric powered-lift have fundamentally different energy 
densities and limitations compared to traditional aviation fuel and the 
FAA should take this into consideration in setting the appropriate 
requirements. Powered-lift are primarily designed for short distance 
urban air mobility operations, and applying fuel reserve requirements 
for airplanes is not aligned with the typical mission profiles of these 
aircraft. It also asserted that electric propulsion systems offer a 
markedly higher precision in remaining energy indication compared to 
traditional turbine engines. This enhanced precision makes a time-based 
approach to energy-reserves limiting and fails to capitalize on the 
real-time, high-fidelity data that will be available for more precise 
energy management.
    Vertical Aerospace Group encouraged the FAA to take a performance-
based approach, setting fuel requirements based on the performance and 
the type of operation of the specific aircraft. According to Vertical 
Aerospace Group, this will allow for a more tailored approach in which 
the overall design, operational profile, and safety requirements of the 
aircraft are taken into account. In addition, such an approach would be 
in line with other key regulators, such as EASA, supporting the 
collective ambition for greater regulatory harmonization.
    GAMA stated that the approach to use airplane requirements for many 
of the operational rules does not consider that many powered-lift have 
performance capabilities similar to rotorcraft. GAMA further asserted 
that the application of prescriptive operating rules without 
consideration for the vehicle performance reduces the usefulness of 
powered-lift. GAMA strongly recommended that the FAA consider the 
diverse capabilities of powered-lift and mentions that the broad 
diversity for the blanket application of airplane rules is not suitable 
for accommodating the unique design characteristics of these new 
aircraft. GAMA's comments submitted for this section are identical to 
the comments submitted for Sec.  135.209 and are cited in that section.
    GAMA also submitted an additional document that recommends adopting 
most of the recommendations from ICAO Document 10103, stating that, for 
most operating rules where the term helicopter is used, powered-lift 
should also fit. The exception would extend certain operating rules 
applicable to airplanes to powered-lift, such as over water operations 
and oxygen requirements. GAMA recommended using operational concepts 
for some electric powered-lift that may be supported by performance-
based fuel/energy reserves as an alternative to current time-based 
concepts. They stated that this approach would allow for adequate 
mission-specific energy reserves without lowering today's established 
safety levels and thus eliminate the need for recurring exemptions.
    Joby stated the FAA should amend their part 194 requirements that 
specify fuel reserves for powered-lift to align with today's 
requirements for helicopters. Joby stated that powered-lift share 
unique performance capabilities with helicopters, which differentiates 
them from traditional fixed-wing aircraft. Joby argued that, under the 
proposed regulation, an electric powered-lift might be required to 
carry a more significant portion of its energy reserve compared to 
conventionally fueled aircraft. Joby's comments are identical to their 
comments for Sec.  135.209 and are cited in that section.

[[Page 92440]]

    AOPA, GAMA, HAI, NATA, NBAA, and VFS provided a comment as a single 
document submitted by NBAA. They believed the FAA failed to consider 
the characteristics powered-lift and their operating environment by 
unilaterally applying airplane fuel reserves to all powered-lift. They 
asserted that powered-lift should be permitted to utilize helicopter 
fuel reserves since powered-lift are capable of landing like 
helicopters. AOPA, GAMA, HAI, NATA, NBAA, and VFS comments are 
identical to their comments for Sec.  135.209 and are cited in that 
section.
    L3Harris Commercial Aviation Solutions--Advanced Air Mobility 
asserted the FAA's NPRM for powered-lift does not align with ICAO. 
L3Harris recommended that the FAA clarify the framework for powered-
lift utilizing ICAO Document 10103.
    In response to the commenters such as Archer, CAE, LTDA/Eve, 
Lilium, GAMA, Joby, and NBAA and their assertions stated above with 
regard to fuel reserves, the FAA will add an option to the final rule 
allowing powered-lift to use a 30-minute fuel reserve for IFR flight, 
which is the IFR fuel reserves specified for helicopters. The FAA will 
allow this provision only for those powered-lift that can use copter 
procedures and have the performance capability to land in the vertical-
lift flight mode. If the powered-lift can meet those two provisions, 
they will be allowed to use the 30-minute fuel reserve requirement.
    A powered-lift will only be authorized to utilize copter procedures 
if they are able to fly at the slower airspeeds necessary to conduct 
those procedures, see section IV.B. part 97. During aircraft 
certification, the FAA will assess the aircraft's stability, system, 
and equipage for IFR operations. This assessment will occur during the 
type certification process. A powered-lift design that meets the 
standards, which provides an equivalent level of safety to the relevant 
standards in parts 27 or 29, can be certificated for IFR flight and 
authorized to execute copter procedures. However, a powered-lift may 
still be certificated for IFR flight but could be prohibited from 
performing copter procedures and have a limitation in the AFM to that 
effect. Therefore, those powered-lift with a limitation in the AFM 
prohibiting copter procedures would not be authorized to use the 30-
minute fuel reserve option and would be required to use the 45-minute 
fuel reserves specified for aircraft.
    Although in the NPRM the FAA stated it did not have sufficient 
experience to grant relief for powered-lift fuel requirements, the FAA 
evaluated the comments received about how a powered-lift can have the 
ability to fly at slower airspeeds like a helicopter. Therefore, the 
FAA considers that the mitigations of requiring a powered-lift to be 
able to conduct copter procedures and always be able to conduct a 
landing in the vertical-lift flight mode along the entire flight should 
ensure the safety of the operations will be comparable to those 
conducted with helicopters. Therefore, a person operating a powered-
lift will have the option to use the 30-minute helicopter IFR fuel 
reserve requirement when the powered-lift is authorized to conduct 
copter procedures and has the performance capability, as provided in 
the AFM, to always conduct a landing in the vertical-lift flight mode 
along the entire flight. This aligns with the rationale provided in the 
March 13, 1985, NPRM where the FAA proposed to permit helicopters to 
use a 30-minute IFR fuel reserve. In that NPRM, the FAA asserted that 
helicopters, with their reduced IFR approach minimums stipulated in 
part 97, will have a better probability of completing a flight to the 
planned destination. On November 7, 1986, the FAA codified the 30-
minute IFR fuel reserve requirement.\416\ Therefore, by ensuring that a 
specific powered-lift can operate in flight at the reduced airspeeds 
required to conduct copter procedures, a powered-lift would also have a 
better probability of completing a flight to the planned destination 
and will be able to use a 30-minute IFR fuel reserve.
---------------------------------------------------------------------------

    \416\ 51 FR 40710 (November 7, 1986).
---------------------------------------------------------------------------

    When taking into consideration the performance capability to 
conduct a landing in the vertical-lift flight mode, a person must 
consider the energy required to successfully complete a descent from 
the altitude they plan to use, any required instrument or visual 
procedure, and land in the vertical-lift flight mode. There may be 
performance requirements or limitations contained in the AFM, or in any 
approved Minimum Equipment List (MEL), that would prevent a powered-
lift from conducting a landing in the vertical-lift flight mode, such 
as a landing weight limitation or a deferred maintenance item, thereby 
requiring a person to use the 45-minutes of reserve fuel.
    In response to Archer's and Eve's argument related to operational 
data being determined during aircraft certification, the FAA notes that 
the fuel reserve requirements are based upon the operational rules 
under which the flight is conducted. Fuel reserve requirements are not 
determined during aircraft certification.
    In response to Archer's comment about single-point-of-failure 
vulnerabilities, the FAA notes that reliability is not a consideration 
for the fuel requirements of this rule. The FAA does not use 
reliability of an aircraft design as a determining factor for IFR fuel 
requirements.
    Archer recommended the use of an Operations Specification to permit 
operators to use a lower fuel requirement for IFR flights. The FAA has 
determined that such an Operations Specification would not be in the 
interest of safety for short-haul domestic IFR flights. The FAA notes 
that Operations Specification B043 is only allowed for international 
flights, and the short haul domestic flights that Archer referenced in 
their comment is not within scope of what this Operation Specification 
permits.
    In response to the Vertical Aerospace Group, GAMA, and Joby 
comments on fuel/energy reserve, the FAA asserts the operational rules 
for IFR fuel requirements that are based upon time are appropriate. The 
requirement, which is based upon a known amount of time, provides a 
suitable safety mitigation for unforeseen circumstances a pilot might 
encounter during an IFR flight. Utilizing a time-based requirement 
allows a universal standard in which a variety of aircraft (whose fuel/
energy consumption can vary by significant margins due to the size of 
the aircraft and type of powerplant) will have the same amount of time 
available to deal with unforeseen circumstances.
    Vertical Aerospace Group commented on electric propulsion systems 
offering a higher precision in remaining energy. The FAA agrees that 
having a highly precise display of remaining energy would be beneficial 
for a pilot to determine the amount of fuel/energy available. However, 
having an accurate reading of remaining fuel/energy onboard an aircraft 
is not a suitable replacement for the time aloft prescribed by the rule 
to deal with unforeseen circumstances that may occur during an IFR 
flight.
    In response to the Advanced Air Mobility Institute's comment, the 
FAA asserts that commercial flight operations and their level of 
acceptable risk are not the same as what the Department of Defense 
would deem acceptable. Therefore, using the Department of Defense IFR 
fuel requirements would not be the appropriate benchmark for 
determining the IFR fuel requirements for powered-lift in part 135 
operations.
    In response to the comments received, the FAA will allow a powered-
lift the

[[Page 92441]]

option to use the 30-minute helicopter IFR fuel reserve requirement 
when the powered-lift is authorized to conduct copter procedures and 
has the performance capability, as provided in the AFM, to always 
conduct a landing in the vertical-lift flight mode along the entire 
flight. Therefore, the FAA will add Sec.  194.306(uu) to the final 
rule.
    Section 135.225 contains requirements generally applicable to 
aircraft performing instrument approaches to airports. Section 
135.225(e) requires a PIC of a turbine powered airplane who has not 
served at least 100 hours as PIC in that type of airplane to increase 
the Minimum Descent Altitude (MDA) or Decision Altitude/Decision Height 
(DA/DH) and visibility landing minimums by 100 feet and \1/2\ mile, 
respectively.
    In the NPRM, the FAA proposed in Sec.  194.307(gg) to apply Sec.  
135.225(e) to powered-lift. PICs of powered-lift should also possess a 
high degree of familiarity with their aircraft and its controls, 
instruments, and performance requirements, and due to the complexity 
required as the aircraft transitions from winged to vertical flight 
during a critical phase of flight, the PICs of all powered-lift will 
have the increased MDA or DA/DH and visibility landing minimums.
    The FAA received one comment on proposed Sec.  194.307(gg) from 
Archer, generally expressing support for ensuring that there is an 
equivalent level of safety between airplanes, helicopters, and powered-
lift.
    In response to the comment received, the FAA did not make any 
changes to the proposed regulatory text. Therefore, the FAA adopts the 
proposed Sec.  194.307(gg) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(vv).
    Section 135.227 addresses the operating limitations in icing 
conditions for airplanes and helicopters. Section 135.227(a) applies to 
all aircraft, meaning that powered-lift must comply with those 
requirements as written. Paragraph (b) applies to only airplane 
operations and requires pilots to have completed training required by 
Sec.  135.341 prior to conducting operations when the conditions are 
such that frost, ice, or snow may reasonably be expected to adhere to 
the airplane, if the certificate holder authorizes takeoffs in ground 
icing conditions.\417\ In the NPRM, the FAA proposed to apply Sec.  
135.227(b) to powered-lift in Sec.  194.307(hh).
---------------------------------------------------------------------------

    \417\ Section 135.227 references training required by Sec.  
135.341. Section 135.341(b) requires the training program for part 
135 operators to include ground training for initial, transition, 
and upgrade training. Section 135.345 specifies the required content 
of initial, transition, and upgrade ground training. Specifically, 
Sec.  135.345(b)(6)(iv) requires training on operating during ground 
icing conditions (i.e., any time conditions are such that frost, 
ice, or snow may reasonably be expected to adhere to the airplane), 
if the certificate holder expects to authorize takeoffs in those 
conditions.
---------------------------------------------------------------------------

    Section 135.227(d) states that no pilot may operate a helicopter 
under IFR into known or forecasted icing conditions, or under VFR into 
known icing conditions, unless the helicopter has been type-
certificated and is appropriately equipped for operating in icing 
conditions. The FAA proposed in Sec.  194.308(i) to apply Sec.  
135.227(d) to powered-lift, allowing powered-lift to conduct flights 
into known or forecast light or moderate icing conditions, providing 
the powered-lift has been type certificated and is appropriately 
equipped.
    The FAA received one comment generally on operating in icing 
conditions and one comment on proposed Sec.  194.308(i).
    The Advanced Air Mobility Institute recommended that the FAA 
consult with the Department of Defense (DoD) on the final rulemaking 
regarding operations in known or forecast severe icing conditions.
    This rulemaking is not addressing powered-lift operations in known 
forecast severe icing conditions. However, the FAA will take this 
recommendation into consideration if the FAA contemplates additional 
rulemaking permitting powered-lift to operate in known or forecast 
severe icing conditions.
    GAMA agreed with the FAA's proposal in Sec.  194.308(i), the 
helicopter requirement, to apply the requirements of Sec.  135.227(d) 
to powered-lift.
    The FAA did not make any changes to the proposed regulatory text in 
response to the comments received. The FAA noticed during the 
consolidation of the part 135 airplane and rotorcraft tables that the 
reference contained in proposed Sec.  194.308(i) in the additional 
requirements column was incorrectly listed as Sec.  194.307(ii). The 
FAA also determined the critical surface reference in the proposed 
Sec.  194.308(i) would no longer be required because Sec.  194.306(ww) 
already covers the critical surfaces requirement. Furthermore, the 
reference leading the reader to the helicopter requirements in proposed 
Sec.  194.307(hh)(3), which stated ``For IFR and VFR flight into 
certain icing conditions, see Sec.  194.308(i)'' is no longer needed. 
Due to the consolidation and subsequent renumbering, the proposed Sec.  
194.307(hh) is being adopted as Sec.  194.306(ww) and proposed Sec.  
194.308(i) is being adopted as Sec.  194.306(xx).
    Section 135.229 provides the airport requirements for part 135 
operations. The requirements of Sec.  135.229 apply to all aircraft, 
with the exception of Sec.  135.229(b)(2)(ii), which states that 
helicopters are also allowed to land at an airport where the limits of 
the area to be used for takeoff and landing are marked using reflective 
material. The landing lights on helicopters are generally oriented so 
that they shine at an angle approximate to a normal approach angle used 
by helicopters.\418\ This negates the need for illuminated runway 
lights on the landing area and permits the helicopter pilot to easily 
pick out and maintain a safe approach angle to an area marked by 
reflective material.
---------------------------------------------------------------------------

    \418\ Miscellaneous Amendments, 29 FR 2988 (Mar. 5, 1964).
---------------------------------------------------------------------------

    The FAA proposed in Sec.  194.308(j) to allow powered-lift to 
takeoff from or land at an airport that uses reflective material when 
conducting a takeoff or landing in the vertical-lift flight mode and is 
equipped with landing lights oriented in a direction that enables the 
pilot to see the takeoff or landing area marked by reflective material.
    The FAA received one comment from GAMA on proposed Sec.  194.308(j) 
agreeing with the FAA's proposal to allow a powered-lift to takeoff 
from or land at an airport that uses reflective material when 
conducting a takeoff or landing.
    The FAA did not make any substantive changes to the proposed 
regulatory text. In finalizing this rule, however, the FAA determined 
that it needed to revise the regulatory text to clarify the FAA's 
intent, as described in the NPRM, which was to include areas used for 
both takeoffs and landings. This also aligns with the provisions 
contained within the text of Sec.  135.229. As a result, the FAA has 
clarified that Sec.  135.229, adopted as final as Sec.  194.306(yy), 
includes areas used for both takeoff and landing, not just landing 
areas.
5. Subpart F: Crewmember Flight Time and Duty Period Limitations and 
Rest Requirements
    Subpart F details crewmember flight time, duty period limitations, 
and rest requirements.
    Section 135.271 provides the rest and duty requirements for 
Helicopter Air Ambulance (HAA) operations conducted from a hospital. In 
order to ensure that the helicopter pilot is adequately rested, Sec.  
135.271(f) requires there to be an approved place of rest at,

[[Page 92442]]

or in close proximity to, the hospital where the helicopter is based.
    Powered-lift can conduct vertical takeoffs and landings and can 
conduct air ambulance operations at a hospital heliport. Therefore, 
powered-lift operators authorized to conduct air ambulance operations 
based at a hospital should be allowed to use the rest and duty rules 
permitted by Sec.  135.271. Therefore, the FAA proposed in Sec.  
194.308(k) that Sec.  135.271 could apply to powered-lift conducting 
HAA operations in accordance with subpart L of part 135.
    The FAA received two comments on proposed Sec.  194.308(k). ALPA 
and GAMA both agreed with the FAA's proposal to apply Sec.  135.271 to 
powered-lift conducting HAA operations in accordance with subpart L of 
part 135.
    The FAA did not make any changes to the proposed regulatory text 
and adopts Sec.  194.308(k) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(zz).
6. Subpart I: Airplane Performance Operating Limitations
    Subpart I outlines the airplane performance operating limitations 
applicable to large transport category, large nontransport category, 
small transport category, and small nontransport category airplanes 
with different types of powerplants. Although Subpart I is airplane 
specific, the FAA acknowledged in this SFAR that some powered-lift may 
fit the definition of large aircraft, which is more than 12,500 pounds, 
while others will be considered small aircraft, which are 12,500 pounds 
or less. The FAA anticipated some powered-lift could operate similarly 
to an airplane during takeoff and landing and will routinely operate 
similarly to an airplane during horizontal flight. In those cases, the 
powered-lift will be supported in flight by the dynamic reaction of the 
air against their wings (termed wing-borne flight).
    In the NPRM, the FAA anticipated that some powered-lift will only 
be able to conduct VTOL operations, while others may have the ability 
to conduct a takeoff or landing that depends on wing-borne lift, 
similar to an airplane. For the latter, some of the requirements of 
subpart I should be applicable.
    For powered-lift that can conduct takeoff and landings using wing-
borne lift, the performance data will be published in the AFM and will 
contain items such as: takeoff roll, takeoff distance, and landing 
distance required. This will enable a pilot of a powered-lift to 
determine that an adequate area is available to enable a safe takeoff 
or landing. Persons or property being transported on powered-lift 
meeting the size and certification standards of this subpart should be 
afforded the safety requirements of this subpart that are currently 
afforded to those transported on airplanes.
    Although the FAA has not yet published a transport category 
certification standard for powered-lift, the FAA proposed to apply the 
transport category requirements of subpart I to large powered-lift. Due 
to the novel designs of powered-lift and the varying capabilities of 
those aircraft, a combination of the aircraft certification standards 
from the various sections of parts 23, 25, 27, and 29 may be used to 
develop the certification criteria for each individual powered-lift 
design.
    Section 135.361(a) states that subpart I of part 135 applies to the 
operation of the categories of airplanes listed in Sec.  135.363 when 
operated under part 135. The FAA proposed in Sec.  194.307(ii) that the 
sections of subpart I of part 135 should apply to powered-lift, 
regardless of powerplant type. The FAA has clarified in the regulatory 
text that any provisions within subpart I of part 135 that reference a 
specific category of aircraft, such as an airplane, and that are not 
referenced in the SFAR tables to Sec. Sec.  194.302 or 194.306, do not 
apply to powered-lift.
    The FAA received no comments on proposed Sec.  194.307(ii); 
therefore, the FAA adopts the proposed Sec.  194.307(ii) as final, 
though due to renumbering, it is being adopted as Sec.  194.306(aaa).
    Section 135.363(a) through (e) outline which sections of subpart I 
apply to certain types of airplanes, considering factors such as: the 
size, type of powerplant, and certification basis for the airplane. The 
FAA did not anticipate that there would be a large powered-lift 
produced with a reciprocating engine, therefore paragraph Sec.  
135.363(a) will not be applicable. The FAA proposed in Sec.  
194.307(jj) that when a powered-lift meets the criteria established in 
paragraphs (b) through (e), regardless of powerplant type, the 
referenced regulatory sections will apply.
    Section 135.363(f) requires the performance data in the AFM to be 
used in determining compliance with Sec. Sec.  135.365 through 135.387. 
Section 135.363(f) also contains a provision to allow the interpolation 
and computing the effects of changes in specific variables, so long as 
those calculations are substantially as accurate as the results of 
direct tests. The FAA proposed in Sec.  194.307(kk) that if a powered-
lift is required to be in compliance with a section contained in 
Sec. Sec.  135.365 through 135.387, then the provisions of Sec.  
135.363(f) will apply. Although Sec.  135.365(f) specifies an AFM, the 
FAA asserted that for any powered-lift that requires compliance with a 
section contained in Sec. Sec.  135.365 through 135.387, the powered-
lift AFM will contain any applicable performance data. Additionally, 
the FAA expects that the interpolation and computation that is 
permitted in Sec.  135.363(f) could be accomplished for powered-lift 
without any degradation of safety, just as it is allowed for airplanes.
    The FAA received no comments on proposed Sec.  194.307(jj) and 
(kk). Therefore, the FAA adopts the proposed Sec.  194.307(jj) and (kk) 
as final, though due to renumbering, these sections are being adopted 
as Sec.  194.306(bbb) and (ccc). Additionally, the FAA inadvertently 
included Sec.  135.363(a) in the proposed Sec.  194.307(jj), though the 
accompanying preamble text in the NPRM made clear that Sec.  
194.307(jj) was meant to only apply Sec.  135.363(b) through (e) to 
powered-lift. The adopted Sec.  194.306(bbb) corrects this error.
    Section 135.379 contains takeoff limitations applicable to large 
turbine engine-powered transport category airplanes.
    Section 135.379(a) states that no person operating a turbine 
engine-powered large transport category airplane may take off that 
airplane at a weight greater than that listed in the AFM. The 
calculation for determining that takeoff weight must consider the 
elevation of the airport and the ambient temperature existing at the 
time of takeoff.
    Section 135.379(c) requires that an airplane subject to Sec.  
135.379(c) cannot takeoff at a weight greater than that listed in the 
AFM. Section 135.379(c) also lists specific performance requirements, 
such as the takeoff run must not be greater than the length of the 
runway, accelerate-stop distances, and required takeoff distance.
    Section 135.379(d) states that an airplane cannot takeoff at a 
weight greater than that listed in the Airplane Flight Manual and lists 
specific performance requirements for obstacle clearance in the takeoff 
path (for airplanes certificated after August 26, 1957, but before 
October 1, 1958) and takeoff flight path (for airplanes certificated 
after September 30, 1958).
    Section 135.379(e) requires certain corrections to be considered 
when determining maximum takeoff weights, minimum distances, and flight 
paths under Sec.  135.379(a) through (d). These corrections include 
which runway is used and its gradient, airport elevation, ambient 
temperature, or wind

[[Page 92443]]

component. These corrections are made to ensure that operators take all 
relevant performance factors related to takeoff operations into account 
to ensure that the airplane safely remains within its weight 
limitations for a particular takeoff.
    Section 135.379(f) sets two assumptions when calculating takeoff 
performance: the airplane is not banked before reaching a height of 50 
feet, and after reaching a height of 50 feet, the maximum bank is not 
more than 15 degrees.
    Section 135.379(g) applies the terms takeoff distance, takeoff run, 
net takeoff flight path to have the same meanings as set forth in the 
rules under which the airplane was certificated. In the NPRM, the FAA 
included paragraph (g) in the regulation text table making it 
applicable to large powered-lift certificated to conduct takeoff 
operations that utilize wing-borne lift as indicated in the AFM. For 
those powered-lift that have a takeoff distance, takeoff run and net 
takeoff flight path this will ensure the safety requirements relevant 
to those terms are taken in consideration just as they are for 
airplanes.
    The FAA proposed in Sec.  194.307(ll) that paragraphs (a) and (d) 
of Sec.  135.379 apply to large powered-lift. In addition, the FAA 
proposed in Sec.  194.307(mm) that paragraphs (c), (e), (f), and (g) of 
Sec.  135.379 apply to large powered-lift that utilize wing-borne lift 
during takeoff and have the takeoff performance information contained 
in the AFM. The FAA finds that the expected commonalities between 
transport category airplane and large powered-lift operations warrant 
application of these provisions to large powered-lift. The accelerate-
stop distance set forth in Sec.  135.379(c)(1) must either meet Sec.  
25.109 or such airworthiness criteria as the FAA may find provides an 
equivalent level of safety in accordance with Sec.  21.17(b).
    The FAA received no comments on proposed Sec.  194.307(ll) and (mm) 
and therefore, the FAA adopts the proposed Sec.  194.307(ll) and (mm) 
as final. However, due to renumbering, these sections are being adopted 
as Sec.  194.306(ddd) and (eee).
    Section 135.381(a) specifies that a person operating a turbine 
engine-powered large transport category airplane must takeoff at a 
weight, allowing for normal consumption of fuel and oil, which will 
ensure that the airplane will be able to clear all terrain and 
obstructions within its flightpath with one engine inoperative. Section 
135.381(b) lists six assumptions that must be considered when computing 
the net flight path and horizontal and vertical safety areas required 
by Sec.  135.381(a)(2). Large powered-lift will conduct en-route 
operations similar to transport category airplanes. The important 
safety criteria of Sec.  135.381 should apply to powered-lift if one 
engine were to become inoperative. As such, the FAA proposed in Sec.  
194.307(nn) that this section be applicable to large powered-lift.
    The FAA received no comments on proposed Sec.  194.307(nn), and 
therefore, the FAA adopts Sec.  194.307(nn) as final, though due to 
renumbering, it is being adopted as Sec.  194.306(fff).
    Section 135.383 provides en route limitations for turbine engine-
powered large transport category airplanes with two engines 
inoperative. Specifically, Sec.  135.383(c) specifies that a person 
operating a turbine engine-powered large transport category airplane on 
an intended route must ensure that the airplane is no more than 90 
minutes away from an alternate airport, or that a powered-lift with two 
inoperative engines will clear all terrain and obstructions within its 
flightpath. Large powered-lift will conduct en route operations similar 
to airplanes, and this important safety criteria should apply if two 
engines were to become inoperative. Additionally, Sec.  135.383(c)(2) 
contains assumptions that must be considered when computing the net 
flight path, required horizontal and vertical safety areas and fuel 
requirements. Having alternate airports planned along the route is 
essential for en route operations. Therefore, the FAA proposed in Sec.  
194.307(oo) that Sec.  135.383(c) should apply to large powered-lift.
    The FAA received no comments on proposed Sec.  194.307(oo) and 
adopts Sec.  194.307(oo) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(ggg).
    Section 135.385 provides required landing limitations at 
destination airports for large turbine engine-powered transport 
category airplanes.
    Section 135.385(a) stipulates that no person operating a turbine 
engine powered large transport category airplane may take off at a 
weight if the weight of the airplane on arrival would exceed the 
landing weight as contained in the AFM. Section 135.385(a) is intended 
to ensure an airplane will not arrive overweight for landing. Section 
135.385(b) through (f) detail which factors must be applied when 
determining the required landing distances. The FAA believes these 
considerations are equally applicable to large powered-lift and 
therefore proposed in Sec.  194.307(pp) that paragraph (a) be 
applicable to large powered-lift.
    Section 135.385(b) specifies that, in order for a person to conduct 
a takeoff in a turbine engine-powered large transport category 
airplane, the airplane weight on arrival must allow a full stop landing 
at the intended destination airport within 60 percent of the effective 
length of each runway. This rule provides for a 40 percent safety 
margin to help ensure that an airplane can safely land and prevents a 
person from attempting to operate into runways where there is no margin 
of error, which is also important for large powered-lift that utilize 
wing-borne lift during landing. The FAA proposed in Sec.  194.307(qq) 
that Sec.  135.385(b) applies to large powered-lift that utilize wing-
borne lift during landing and provide landing performance information 
in the AFM.
    Section 135.385(d) requires that, unless approved and included in 
the airplane flight manual, a large transport category turbojet 
airplane must add an additional 15 percent margin onto the landing 
distance calculated per Sec.  135.385(b) when the destination may be 
wet or slippery at the estimated time of arrival. The FAA proposed in 
Sec.  194.307(qq) that Sec.  135.385(d) would be applicable to large 
powered-lift that utilize wing-borne lift during landing and have 
landing performance information contained in the AFM.
    Section 135.385(e) provides that a turbojet-powered airplane that 
would otherwise be prohibited from conducting a takeoff because the 
airplane could not be landed on the most suitable runway may takeoff if 
an alternate airport is selected.
    The FAA proposed in Sec.  194.307(qq) that Sec.  135.385(e) would 
apply to large powered-lift that conduct landing operations that depend 
on wing-borne lift and have that landing performance information 
contained in the AFM.
    Section 135.385(f) provides an option to eligible on-demand 
operators to conduct a takeoff if the operation is permitted by an 
approved Destination Airport Analysis in that operator's manual and 
certain conditions are met. The eligible on-demand operator is 
authorized to calculate the required runway distance at 80 percent of 
the effective length of the runway. A powered-lift using the wing-borne 
lift mode during landing is similar in operation to a landing airplane. 
Therefore, the FAA proposed in Sec.  194.307(qq) this paragraph be 
applicable to large powered-lift that utilize wing-borne lift during 
landing and have landing performance information contained in the AFM.

[[Page 92444]]

    The FAA received no comments on proposed Sec.  194.307(pp) or (qq); 
therefore, the FAA adopts Sec.  194.307(pp) and (qq), as final. 
However, due to renumbering, these sections are being adopted as Sec.  
194.306(hhh) and (iii).
    Section 135.387 stipulates landing limitations for selecting an 
alternate airport for large turbine engine powered transport category 
airplanes.
    Specifically, Sec.  135.387 requires that the selected alternate 
airport must allow the airplane to be brought to a full stop landing 
based on the weight of the airplane expected at the time of arrival at 
the alternate airport. The FAA proposed in Sec.  194.307(rr) that 
paragraphs (a) and, for eligible on-demand operators, paragraph (b) 
would apply to large powered-lift that utilize wing-borne lift during 
landing and has landing performance information contained in the AFM.
    The FAA received no comments on proposed Sec.  194.307(rr) and is 
adopting Sec.  194.307(rr) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(jjj).
    Section 135.397 stipulates the performance operating limitations 
for small transport category airplanes.
    Section 135.397(a) and (b) outline the performance requirements for 
small transport category airplanes. This section requires compliance 
with weight, takeoff, and landing limitations as contained in other 
sections of subpart I. Section 135.397(a) is applicable to 
reciprocating engine powered airplanes, and the FAA asserts that 
paragraph (a) would not be applicable to powered-lift. Therefore, the 
FAA proposed in Sec.  194.307(ss) that only paragraph (b) be applicable 
for small powered-lift that have a passenger seating configuration of 
more than 19 seats, that utilize wing-borne lift during takeoff or 
landing, and that have takeoff or landing performance information 
contained in the AFM.
    The FAA received no comments on proposed Sec.  194.307(ss); 
therefore, the FAA adopts Sec.  194.307(ss) as final, though due to 
renumbering, it is being adopted as Sec.  194.306(kkk).
7. Subpart J: Maintenance, Preventative Maintenance, and Alterations
    Section 135.429 applies to all aircraft used for operations 
conducted under part 135, including powered-lift, with the exception of 
Sec.  135.429(d). Section 135.429(d) is focused on rotorcraft and 
states that the FAA may approve procedures for the performance of 
required inspection items by a pilot of a rotorcraft that operates in 
remote areas or sites. The rule is intended to allow a certificate 
holder the opportunity to establish a preventive maintenance process 
when a mechanical interruption occurs in a remote area or site. Because 
powered-lift may take off and land like a rotorcraft, some powered-lift 
may operate in remote areas or sites. Consequently, powered-lift used 
in such operations experience the same challenges that exist for 
rotorcraft when an unscheduled mechanical interruption occurs. 
Therefore, the FAA proposed in Sec.  194.308(l) to apply Sec.  
135.429(d) to powered-lift that operate in remote areas or sites.
    The FAA received three comments, a group comment from AOPA, GAMA, 
HAI, NATA, NBAA, and VFS, and comments from CAE and Joby on proposed 
Sec.  194.308(l). All three were in support of the FAA's proposal to 
apply the preventive maintenance requirements available to certificate 
holders operating rotorcraft under part 135 in remote areas to 
certificate holders operating powered-lift under part 135 in remote 
areas.
    The FAA adopts Sec.  194.308(l) as final, though due to 
renumbering, it is being adopted as Sec.  194.306(lll).
8. Subpart L: Helicopter Air Ambulance Equipment, Operations, and 
Training Requirements
    Helicopter air ambulance (HAA) operations must comply with subpart 
L of part 135, as well as the other requirements of part 135. In the 
NPRM, the FAA proposed that powered-lift conducting air ambulance 
operations should be required to comply with subpart L of part 135. 
Because the FAA proposed that subpart L apply to powered-lift, it also 
proposed in Sec.  194.308(a) that Sec.  135.1(a)(9) apply to powered-
lift conducting air ambulance operations.
    Section 135.601 provides the applicability and definitions for 
subpart L of part 135. The FAA anticipated that operators utilizing 
powered-lift for air ambulance activities will present a new dynamic 
because these aircraft can be operated like an airplane and a 
helicopter. The FAA currently differentiates between airplane air 
ambulance operations and HAA operations including the required 
equipment, weather minimums, required risk analysis, flight monitoring, 
and the authorizing document issued to the operator.\419\
---------------------------------------------------------------------------

    \419\ Air ambulance operations conducted in an airplane are 
approved through issuance of Operations Specification A024, while 
air ambulance conducted in a helicopter are approved through 
issuance of A021. When the type of operation is proposed in powered-
lift, the FAA will issue the appropriate operations specification.
---------------------------------------------------------------------------

    Powered-lift conducting air ambulance operations should be provided 
to the public at the same level of safety as HAA operations, and the 
rules contained in subpart L provide this level of safety. Accordingly, 
the FAA proposed in Sec.  194.308(m) that the applicability and 
definitions section of subpart L also apply to powered-lift.
    The FAA received one comment on proposed Sec.  194.308(m) from 
GAMA, who expressed support for the FAA's proposal that the 
applicability and definitions section of subpart L apply to powered-
lift that conduct air ambulance operations. Therefore, the FAA adopts 
Sec.  194.308(m) as final, though due to renumbering, it is being 
adopted as Sec.  194.306(mmm).
    Section 135.603 requires the PIC of a helicopter air ambulance 
operation to meet the requirements of Sec.  135.243 and to hold either 
a helicopter instrument rating or an ATP certificate with a category 
and class rating for that aircraft, not limited to VFR. It is equally 
important for PICs of powered-lift air ambulance operations to meet the 
requirements set forth in this section. The FAA proposed in Sec.  
194.308(n) that these requirements also apply for powered-lift 
operations occurring under subpart L.
    The FAA received one comment on proposed Sec.  194.308(n) from GAMA 
that supported the FAA's proposal that the requirements of Sec.  
135.603 should apply to powered-lift that conduct air ambulance 
operations. The FAA realized in finalizing this rule that further 
clarification is necessary under Sec.  194.306(nnn), pertaining to 
Sec.  135.603. As mentioned above, the regulation currently requires 
the PIC to hold either a helicopter instrument rating or an ATP 
certificate with a category and class rating for that aircraft, that is 
not limited to VFR. These references are not applicable to powered-
lift.\420\ As a result, the FAA has clarified that the PIC must hold a 
``powered-lift'' instrument rating or an ATP certificate with a 
category rating for that aircraft. Therefore, the FAA adopts Sec.  
194.308(n) as final, though due to renumbering, it is being adopted as 
Sec.  194.306(nnn).
---------------------------------------------------------------------------

    \420\ For discussion on ``class'' ratings, see Section V.A 
(``Certification of Powered-Lift Pilots'').
---------------------------------------------------------------------------

    Section 135.605 stipulates the requirements for using a HTAWS. 
Consistent with proposed Sec.  194.307(q), for powered-lift operating 
under subpart L, the FAA proposed to allow a hybrid system in a 
powered-lift that utilizes the features of a TAWS A system for wing-
borne flight and HTAWS for vertical-lift flight modes of operation for 
compliance with Sec.  135.605. The FAA proposed in Sec.  194.308(o) 
that any powered-lift that is used in air

[[Page 92445]]

ambulance operations as defined Sec.  135.601 be equipped with HTAWS, 
unless equipped with an FAA approved TAWS A/HTAWS hybrid system, in 
accordance with Sec.  135.605.
    The FAA received no comments on proposed Sec.  194.308(o) and 
therefore adopts Sec.  194.308(o) as final, though due to renumbering, 
it is being adopted as Sec.  194.306(ooo).
    Section 135.607 requires flight data monitoring systems for HAA 
operations. The FAA determined that it would be appropriate to apply 
the requirement for helicopters to have flight data monitoring system 
capable of recording flight performance data to powered-lift conducting 
air ambulance operations as set forth in Sec.  135.607. The FAA did not 
identify any reason to differentiate between helicopters and powered-
lift conducting air ambulance operations for purposes of compliance 
with this requirement, as it would be equally important for powered-
lift to record flight performance data in the dynamic environment 
contemplated by subpart L. Accordingly, the FAA proposed Sec.  
194.308(p).
    The FAA received one comment on proposed Sec.  194.308(p) from ALPA 
that referenced both a Flight Data Monitoring Systems (FDMS) and Sec.  
135.607. ALPA's comment was not specifically directed toward the FAA's 
requirement for powered-lift conducting air ambulance operations to 
equip the aircraft with a FDMS, but rather that all powered-lift should 
be required to be equipped with an FDMS. While the FAA is not requiring 
FDMS for all powered-lift, as discussed in section VI.B.6. of this 
preamble, the FAA is requiring all powered-lift that conduct air 
ambulance operations to equip their aircraft with an FDMS. As such, the 
FAA adopts Sec.  194.308(p) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(ppp).
    Section 135.609 provides rules for VFR ceiling and visibility 
requirements for part 135 air ambulance operations in Class G airspace. 
For powered-lift, the FAA evaluated the VFR minimum altitudes, required 
visibility, and distance from cloud requirements for airplanes as 
contained in Sec.  135.203 (VFR minimum altitudes), Sec.  135.205 (VFR 
visibility requirements), and Sec.  91.155 (distance from cloud 
requirements) and applied these airplane minimums to the table 
contained in Sec.  135.609(a), which resulted in minimums that are most 
closely aligned with the FAA's intent during the NPRM of applying the 
ceiling and visibility requirements of airplanes to powered-lift. In 
Sec.  194.308(q), the FAA proposed the ceiling and visibility 
requirements for powered-lift air ambulance operations. In the NPRM the 
FAA proposed to change the nighttime ceiling requirements for all 
powered-lift operating as an air ambulance regardless of the mode of 
flight. The FAA also proposed no changes to the current ceiling and 
visibility minimums for daytime operations.
    The FAA received three comments on the proposed visibility 
requirements for powered-lift air ambulance operations.
    GAMA recommended that the FAA use the ICAO guidance provided for 
helicopters for this rule.
    AWPC argued that the FAA's proposal to limit powered-lift to 
airplane minimums will inhibit the ability of their aircraft to conduct 
low altitude air ambulance operations. AWPC also stated that their 
powered-lift, the AW609, is able to operate in horizontal flight mode 
and reach the patient's location faster than helicopters. However, AWPC 
expressed concerned that the proposed rule will prohibit the use of 
helicopter minimums, helicopter routes, or hospital helipads.
    Airbus Helicopters stated that some powered-lift designs are 
expected to perform emergency medical services and may have performance 
characteristics comparable to helicopters. According to Airbus 
Helicopters, the restrictive approach proposed in the NPRM could 
prevent the development of medical services with powered-lift that 
would have been otherwise beneficial for the public. Airbus Helicopters 
therefore proposed the FAA reconsider the proposed Sec.  194.308(q).
    The FAA disagrees with GAMA's recommendation to universally apply 
the helicopter VFR ceiling and visibility requirements for Class G 
airspace for HAA operations to powered-lift. Universally applying the 
helicopter minimums provided in Sec.  135.609 to powered-lift when they 
are operating in the wing-borne flight mode during night operations 
would not provide the same level of safety required by the minimums 
specified for airplanes in Sec.  135.203(a)(2). Applying higher 
nighttime minimums, as proposed in the NPRM, to powered-lift operating 
in wing-borne flight mode will maintain the safety margins already 
built into the regulations when a powered-lift is being operated in a 
manner similar to an airplane.
    Based upon the comments received, the FAA reevaluated the 
requirements that were proposed in the NPRM and has added minimums 
based upon existing helicopter minimums. These new minimums will apply 
to a powered-lift being operated in the vertical-lift flight mode at 
night. When operating in the vertical-lift flight mode, much like a 
helicopter, a powered-lift will benefit from the increased 
maneuverability and the ability to conduct flight at slower speeds to 
include hovering. Therefore, the FAA will apply the helicopter minimums 
as provided for day and nighttime operations in Sec.  135.609 when a 
powered-lift is operating in the vertical-lift flight mode. The daytime 
helicopter minimums for powered-lift operating in vertical-lift flight 
mode are the same minimums proposed in the NPRM. The nighttime minimums 
for powered-lift operating in vertical-lift flight mode are lower than 
what the FAA proposed, and they are the same minimums currently 
outlined for helicopters operating at night with an approved HTAWS 
under Sec.  135.609(a). Since the flight characteristics are akin to 
helicopters, there should be no degradation of safety by allowing 
powered-lift to use the helicopter minimums when operating in the 
vertical-lift flight mode.
    The FAA will apply the minimums as proposed in the NPRM when the 
powered-lift is being operated in the wing-borne flight mode, which 
includes both daytime and nighttime ceiling and visibility minimums. 
These VFR ceiling and visibility requirements will provide the pilot 
the time and space to maneuver the powered-lift to avoid other 
aircraft, terrain, and obstacles. As mentioned in the NPRM, the intent 
behind the HAA rules is to ensure a higher level of safety for air 
ambulance operations because they are conducted under unique 
conditions. The below table outlines the amended ceiling and visibility 
requirements for powered-lift depending on the flight mode and whether 
the operations occur during the day or at night. As mentioned, the only 
change to the minimums that were proposed in the NPRM is the addition 
of the ceiling and visibility minimums for powered-lift operating at 
night in the vertical-lift flight mode, and those minimums reflect the 
current helicopter (with HTAWS) nighttime minimums under Sec.  
135.609(a).

[[Page 92446]]



                         Table 9--Revised VFR Air Ambulance Minimums in Class G Airspace
----------------------------------------------------------------------------------------------------------------
                                      Day vertical-lift and      Night vertical-lift     Night--wing-borne  mode
                                         wing-borne mode                mode           -------------------------
             Location              ----------------------------------------------------
                                      Ceiling     Visibility    Ceiling     Visibility    Ceiling     Visibility
                                        (FT)         (SM)         (FT)         (SM)         (FT)         (SM)
----------------------------------------------------------------------------------------------------------------
Non-mountainous Local Flying Areas          800            2          800            3         1500            3
Non-mountainous Non-Local Flying            800            3         1000            3         1500            3
 Areas............................
Mountainous Local Flying Areas....          800            3         1000            3         2500            3
Mountainous Non-Local Flying Areas         1000            3         1000            5         2500            5
----------------------------------------------------------------------------------------------------------------

    The FAA adopts Sec.  194.308(q) as revised and as Sec.  
194.306(qqq), due to renumbering.
    Section 135.611 sets forth requirements for HAA IFR operations at 
locations without weather reporting. The FAA proposed the applicability 
of this section in Sec.  194.308(r). The provisions of Sec.  135.611 
are only available to certificate holders that are authorized to 
conduct IFR operations under subpart L and are authorized to conduct 
IFR air ambulance operations at airports with an instrument approach 
procedure and at which a weather report is not available from the U.S. 
National Weather Service (NWS), a source approved by the NWS, or a 
source approved by the FAA. That authorization will be subject to the 
provisions detailed in Sec.  135.611 and is also available to powered-
lift authorized to conduct air ambulance operations.
    The FAA received one comment on proposed Sec.  194.308(r) from GAMA 
that supported the FAA's proposal that a powered-lift conducting air 
ambulance operations can be authorized by the Administrator to conduct 
IFR helicopter air ambulance operations at airports with an instrument 
approach procedure and at which a weather report is not available from 
the U.S. National Weather Service (NWS), a source approved by the NWS, 
or a source approved by the FAA. Therefore, the FAA adopts Sec.  
194.308(r) as final, though due to renumbering, it is being adopted as 
Sec.  194.306(rrr).
    Section 135.613 details the ceiling and visibility requirements for 
approach and departure IFR transitions for HAA operations. Section 
135.613 establishes weather minimums for HAA that are using an 
instrument approach and are now transitioning to visual flight for 
landing. Section 135.613 also permits VFR to IFR transitions for 
departures if the pilot has filed an IFR flight plan, will obtain an 
IFR clearance within 3 NM of the departure location, and departs 
following an FAA-approved obstacle departure procedure. In Sec.  
194.308(s), the FAA proposed applying Sec.  135.613 to powered-lift 
conducting operations in accordance with subpart L of part 135.
    The FAA received one comment on Sec.  194.308(s) from GAMA, which 
recommended the FAA apply ICAO rules for helicopters for Sec.  135.613. 
The FAA took this general comment into consideration when writing this 
final rule and made some changes throughout the SFAR to provide some 
flexibility to enable powered-lift to use helicopter-based requirements 
when they are operating in the vertical-lift flight mode.
    Section 135.613(a)(1) requires a flight visibility of 1 statute 
mile (SM) and a ceiling based upon the minimums published on the 
approach chart. This is applicable for Point-in-Space (PinS) Copter 
Instrument approaches that are annotated with a ``Proceed VFR'' 
segment, and the distance from the missed approach point to the landing 
area is 1 NM or less. The FAA proposed in Sec.  194.308(s) that Sec.  
135.613(a)(1) only apply to powered-lift that are equipped and 
certified to conduct these PinS approaches. The FAA is not making 
changes from the proposed regulatory text in Sec.  194.308(s) related 
to Sec.  135.613(a)(1).
    Section 135.613(a)(2) has VFR ceiling and visibility requirements 
for helicopters when conducting instrument approaches to a landing area 
that is 3 NM or less away from the missed approach point. As stated in 
the NPRM, the FAA established more stringent VFR ceiling minimums for 
powered-lift because the minimums currently prescribed for helicopters 
in Sec.  135.613(a)(2)(i) and (ii) would not allow a powered-lift to 
maintain an acceptable level of obstacle and cloud clearances when 
operating in the wing-borne flight mode and conducting VFR transitions 
to landing areas. Therefore, the FAA will leave the VFR ceiling of 
1,000 feet and visibility requirements of 2 NM for day operations and 
1,500-foot ceiling and 3 NM visibility for night operations as proposed 
in the NPRM for powered-lift when they are operating in the wing-borne 
flight mode.
    The FAA has determined that, when the powered-lift is operating in 
the vertical-lift flight mode during the visual transition from the 
approach to the landing area, helicopter minimums will be acceptable. 
Because a powered-lift will be flying like a helicopter when in the 
vertical-lift flight mode and operating at slower speeds, the aircraft 
is able to maneuver more like a helicopter. Therefore, in the final 
rule, the FAA will allow powered-lift that are operating in the 
vertical-lift flight mode to use the VFR ceiling and visibility 
minimums prescribed for helicopters in Sec.  135.613(a)(2)(i) and (ii). 
Therefore, the FAA adopts Sec.  194.308(s) as revised and as Sec.  
194.306(sss), due to renumbering.
    Section 135.613(b) provides two scenarios for transitions from VFR 
to IFR upon departure. The first scenario provided in Sec.  
135.613(b)(1) stipulates the VFR weather minimums providing the 
powered-lift follows an FAA-approved obstacle departure procedure, and 
an IFR clearance is obtained on or before reaching a predetermined 
location that is not more than 3 NM from the departure location. In 
these instances, the FAA proposed weather minimums for powered-lift of 
no less than 1000-foot ceiling with 2 statute miles visibility for day 
and no less than 1500-foot ceiling and 3 statute mile visibility for 
nighttime. The FAA will retain this requirement for those powered-lift 
operating in the wing-borne flight mode. When the powered-lift is 
operating in the vertical-lift flight mode during the transition from 
VFR to IFR and meets the above requirements regarding an obstacle 
departure procedure and the 3 nautical mile distance from the departure 
location, then the VFR weather minimums for day operations will be no 
less than a 600-foot ceiling and 2 statute miles flight visibility, and 
for night operations, no less than a 600-foot ceiling and 3 statute 
miles flight visibility.
    In the second scenario for Sec.  135.613(b)(2) if the departure 
does not meet the criteria relating to the obstacle departure procedure 
and is unable to obtain the IFR clearance within 3 NM from the 
departure location then the VFR weather minimums required for

[[Page 92447]]

powered-lift by the class of airspace apply.
    Therefore, the FAA is adding Sec.  194.306(ttt) to ensure the 
weather minimums stipulated in Sec.  194.306(sss) are captured 
dependent on the mode of flight.
    Section 135.615 requires helicopter air ambulance pilots to perform 
pre-flight planning to determine the minimum safe cruise altitude and 
to identify and document the highest obstacle along the planned en 
route phase of flight prior to conducting VFR operations. Section 
135.615(b) requires the pilot in command, while conducting VFR 
operations, to ensure that all terrain and obstacles along the route of 
flight are cleared vertically by no less than those prescribed in Sec.  
135.615(b). In proposed Sec.  194.308(t), the FAA proposed applying 
Sec.  135.615 to powered-lift conducting operations in accordance with 
subpart L of part 135 using the VFR minimum altitudes specified for 
airplanes in Sec.  135.203(a)(1) and (2).
    The FAA received one comment on proposed Sec.  194.308(t) from 
GAMA, who requested that the FAA allow powered-lift to use the 
helicopter minimums stipulated in Sec.  135.615(b)(1) and (2). In the 
NPRM, the FAA noted that there are similarities between airplanes and 
powered-lift using wing-borne lift during the cruise portions of 
flight. In the proposed Sec.  194.308(t), in order to comply with the 
en route altitude requirements of Sec.  135.615(b)(1) and (2), a 
powered-lift conducting a VFR air ambulance operation must clear all 
terrain and obstacles along the route of flight vertically by the 
minimum altitudes and horizontal distances specified in Sec.  
135.203(a)(1) and (2). Similarly, the FAA proposed that the pilot in 
command of a powered-lift must use the minimum altitudes specified in 
Sec.  135.203(a)(1) and (2) when making the determinations required by 
Sec.  135.615(a)(3). In the final rule, the FAA will still require the 
pilot in command of a powered-lift to use the minimums specified in 
Sec.  135.203(a)(1) and (2) for the VFR flight planning required by 
Sec.  135.615(a) and for the enroute operations required by Sec.  
135.615(b) when the powered-lift will be operated enroute in the wing-
borne flight mode.
    In consideration of the comments received, the FAA will now allow a 
powered-lift operated in the vertical-lift flight mode during enroute 
operations to use the minimums described in Sec.  135.615(b). Powered-
lift that will be operated in the vertical-lift flight mode during the 
enroute phase of flight will use the altitudes specified in Sec.  
135.615(b) to determine the minimum required ceiling and visibility to 
conduct that planned flight as required by Sec.  135.615(a). The FAA 
made this change because a powered-lift in the vertical-lift flight 
mode will be flying like a helicopter and operating at slower speeds 
thus enabling the powered-lift to maneuver more like a helicopter.
    Section 135.615(c) addresses the rerouting of the planned flight 
path, change in destination, or other changes to the planned flight 
that occur while the helicopter is on the ground at an intermediate 
stop. This occurrence requires an evaluation of the new route in 
accordance with Sec.  135.615(a). In the NPRM, the FAA proposed this 
provision apply to powered-lift and adopts it as final. When the 
powered-lift is operated in the vertical-lift flight mode during the 
enroute phase of flight, when conducting the evaluation of the new 
route, the altitudes specified in Sec.  135.615(b) will apply. However, 
when the powered-lift is operated in the wing-borne flight mode during 
the enroute phase of flight, when conducting the evaluation of the new 
route, the altitudes specified in Sec.  135.203(a)(1) and (2) will 
apply.
    Therefore, the FAA adopts Sec.  194.308(t) as revised, but as a 
result of renumbering, it is now Sec.  194.306(uuu).
    The FAA also proposed in Sec.  194.308(u) that the pre-flight risk 
analysis requirements contained in Sec.  135.617 apply to powered-lift. 
This section details several items that must be documented in the 
certificate holder's manual regarding pre-flight considerations, such 
as human factors, weathers, and other critical considerations.
    The FAA received one comment on proposed Sec.  194.308(u) from 
GAMA, which agreed with the FAA's proposal to apply the pre-flight risk 
analysis requirements of Sec.  135.617 to powered-lift conducting air 
ambulance operations. Therefore, the FAA adopts Sec.  194.308(u) as 
final, though due to renumbering, it is being adopted as Sec.  
194.306(vvv).
    Section 135.619 requires a certificate holder who is authorized to 
conduct HAA operations with 10 or more helicopter air ambulances 
assigned to the certificate holder's operations specifications to have 
an operations control center. The FAA proposed in Sec.  194.308(v) that 
any operator utilizing helicopters, powered-lift, or any combination 
thereof, that total 10 or more of these aircraft utilized in air 
ambulance operations would trigger the requirements to have an 
operations control center as detailed in Sec.  135.619.
    The FAA received one comment on proposed Sec.  194.308(v) from 
GAMA, which agreed with the FAA's proposal to apply the Operations 
control center requirements of Sec.  135.619 operators utilizing 
powered-lift to conduct air ambulance operations. Therefore, the FAA 
adopts Sec.  194.308(v) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(www).
    Section 135.621 stipulates the requirements for the briefing of 
medical personnel on HAA flights. The FAA proposed in Sec.  194.308(w) 
to apply the briefing requirements contained in Sec.  135.621 for 
medical personnel to air ambulance operations that occur in powered-
lift.
    The FAA received one comment on proposed Sec.  194.308(w) from 
GAMA, which agreed with the FAA's proposal to apply the briefing of 
medical personnel requirements of Sec.  135.621 to operators utilizing 
powered-lift to conduct air ambulance operations. Therefore, the FAA 
adopts Sec.  194.308(w) as final, though due to renumbering, it is 
being adopted as Sec.  194.306(xxx).

E. Part 136 Rules for Powered-Lift

    In the Update to Air Carrier Definitions final rule, the FAA 
expanded the definitions and applicability of part 136 to accommodate 
powered-lift and to ensure that the stringent safety risk mitigations 
would apply to powered-lift that conduct commercial air tours.\421\ In 
the NPRM, the FAA proposed to apply certain part 136 requirements that 
are specific to helicopters to powered-lift. The FAA also took into 
consideration powered-lift may conduct commercial air tours in the 
wing-borne flight mode to address the risks associated with enabling 
the operation of commercial air tours in powered-lift.
---------------------------------------------------------------------------

    \421\ See Update to Air Carrier Definitions NPRM, 87 FR 75005 
(Dec. 07, 2022).
---------------------------------------------------------------------------

    The FAA received six comments relating to part 136 with one 
commenter submitting two comments. Some comments were specific to the 
sections within part 136. Most comments broadly suggested the FAA 
follow ICAO Document 10103, Guidance on the Implementation of ICAO 
Standards and Recommended Practices for Tilt-rotors and apply the 
airplane rules. All commenters agreed the safety provisions of part 136 
should also apply to powered-lift.
    GAMA recommended the FAA follow ICAO guidance and to read 
``helicopter'' or ``rotorcraft'' as ``powered-lift'' or read 
``airplane'' as ``powered-lift'' depending on the regulation. GAMA 
suggested the FAA should apply the relevant airplane

[[Page 92448]]

version of the rule to Sec. Sec.  136.9 and 136.11 and the relevant 
rotorcraft version of the rule to Sec. Sec.  136.1 and 136.13. 
According to GAMA, certain powered-lift demonstrate the capability to 
glide in a manner similar to airplanes, therefore GAMA suggested the 
FAA take full advantage of the similarities to airplanes during 
overwater operations.
    CAE and ADS (a UK trade association) both stated that using the 
ICAO Document 10103 as a basis for powered-lift should be considered. 
For part 136 this would translate to using the airplane rules for 
overwater operations. NBAA submitted a group comment for AOPA/GAMA/HAI/
NATA/NBAA/VFS which also stated the FAA should consider using the ICAO 
Document 10103 as a basis for powered-lift rule development.
    In response to these comments from GAMA, and CAE, ADS, and NBAA who 
also recommended the FAA follow the ICAO document 10103 in relation to 
part 136, the FAA notes that these recommendations did not provide any 
justification for following ICAO document 10103. This ICAO guidance 
acknowledges the operation of tilt-rotors closely aligns with that of 
helicopters and therefore states that ICAO Annex 6, Part III, Section 
2, the helicopter provisions should apply most of the time. In some 
cases, the ICAO guidance recommends the use of Annex 6, Part I, which 
are provisions for airplanes. Flight over water is one example in which 
this guidance recommends airplane provisions. The FAA noted that no 
comments were provided relating to part 136 and features that may 
influence buoyancy or whether powered-lift will take on water or float 
for a longer period of time after ditching. The FAA does not have the 
historical data on these new aircraft designs to assert that the 
positive buoyancy characteristics and the potential to float for a 
longer period--characteristics of airplane designs--will exist in all 
powered-lift. Therefore, the FAA will not adopt the ICAO guidance 
across the board for powered-lift but will look at each regulation 
individually.
    In finalizing this rule, the FAA determined that creating a table 
for part 136 would maintain consistency throughout the SFAR operating 
rules for parts 91, 135, and 136. In addition, as already explained in 
the introduction to the operational rules, the FAA combined the 
airplane and rotorcraft provisions in parts 91 and 135 so that each 
section now only has one table instead of two. Similarly, the FAA has 
created a table to Sec.  194.308 outlining both the airplane and 
rotorcraft provisions applicable to powered-lift under part 136. As 
part of this revision, the FAA added paragraph Sec.  194.308(a) 
reiterating that powered-lift must continue to comply with rules 
applicable to all aircraft under part 136.
1. Suitable Landing Area for Rotorcraft (Sec.  136.1)
    The term ``suitable landing area for rotorcraft'' is codified in 
Sec.  136.1 as an area that provides the operator reasonable capability 
to land in an emergency without causing serious injury to persons. 
These suitable landing areas must be site-specific, designated by the 
operator, and accepted by the FAA.\422\ In the NPRM, the FAA proposed 
to apply Sec.  136.1 to powered-lift in Sec.  194.310(b)(1). Applying 
the definition for suitable landing areas for rotorcraft to powered-
lift ensures powered-lift operators designate potential landing areas 
in advance of an operation. Designating potential landing areas reduces 
the risk of an accident because the PIC is aware of potential sites for 
emergency landings. The FAA expects operators conducting commercial air 
tours in powered-lift to designate a site-specific landing area that, 
when used, would not cause serious injury to persons.
---------------------------------------------------------------------------

    \422\ Sec.  136.1.
---------------------------------------------------------------------------

    The FAA received one comment on proposed Sec.  194.310(b)(1) from 
GAMA who agreed with FAA that powered-lift should be aligned with 
rotorcraft in Sec.  136.1 and therefore adopts as proposed. As a result 
of renumbering, this is now codified under Sec.  194.308(b).
2. Life Preservers for Over Water (Sec.  136.9)
    Section 136.9(a), which applies to powered-lift as written, 
requires the operator and PIC of commercial air tours over water beyond 
the shoreline to ensure each occupant is wearing a life preserver from 
before takeoff until the flight is no longer over water.\423\ Section 
136.9(b) provides exceptions to this requirement when a life preserver 
is readily available and easily accessible to each occupant. Section 
136.9(c) states no life preserver is required if the overwater 
operation is necessary only for takeoff or landing. In the NPRM, the 
FAA stated the exceptions in Sec.  136.9(b)(1), (b)(3), and (c) apply 
to powered-lift as written.
---------------------------------------------------------------------------

    \423\ Sec.  136.9.
---------------------------------------------------------------------------

    Section 136.9(b)(2) requires the operator and PIC of a commercial 
air tour over water beyond the shoreline to ensure that a life 
preserver for each occupant is readily available and easily accessible 
if the airplane is within power-off gliding distance to the shoreline 
for the duration of the time that the flight is over water. In the 
NPRM, the FAA proposed in Sec.  194.310(a)(1) to apply Sec.  
136.9(b)(2) to powered-lift when it is operating in the wing-borne 
flight mode within the power-off gliding distance to the shoreline. 
Therefore, when a powered-lift is operating in the wing-borne flight 
mode, life preservers only need to be readily available and easily 
accessible to each occupant. Conversely, when operating in vertical-
lift mode, those life preservers must be worn by each occupant.
    The FAA received one comment on proposed Sec.  194.310(a)(1) from 
GAMA, who agreed with the FAA that powered-lift should be aligned with 
airplanes in Sec.  136.9(b)(2). The FAA therefore adopts Sec.  
194.310(a)(1) as proposed but, as a result of renumbering, it is now 
Sec.  194.308(d)(1)(i).
    The FAA received a comment from Joby related to Sec.  136.9(b)(3), 
which was not explicitly addressed in the NPRM because Sec.  
136.9(b)(3) already applies to aircraft in general, including powered-
lift. Joby indicated the critical engine inoperative for multiengine 
aircraft does not apply to electric powered-lift. Joby also mentioned 
that electric powered-lift currently being developed may not have a 
single engine failure which would be critical for performance or 
handling qualities. Joby commented about the airworthiness criteria and 
design standards for electric powered-lift, mentioning they have 
adopted the concept of ``critical loss of thrust,'' which is specific 
to an aircraft and the electric propulsion system architecture being 
used. Therefore, Joby recommended adding ``or critical loss of thrust 
for distributed electric propulsion systems'' to Sec.  136.9(b)(3) to 
better accommodate multi-engine aircraft with distributed electric 
propulsion systems.
    The FAA agrees with Joby that another term to capture aircraft that 
does not have a ``critical engine'' but may have other powerplants that 
could experience a loss of thrust impacting the aircraft's ability to 
stay aloft needs to be addressed. The FAA addresses Joby's comment in 
section VI.D.3 of this preamble.\424\ For the reasons previously 
discussed, the FAA will add ``or while experiencing a critical change 
of thrust'' under Sec.  194.308(d)(1)(ii) in the final rule which will 
read, ``Section 136.9(b)(3) applies to multiengine powered-lift that 
can be operated with the critical engine inoperative or while 
experiencing a critical change of thrust, at a weight that

[[Page 92449]]

will allow it to climb, at least 50 feet a minute, at an altitude of 
1,000 feet above the surface, as provided in the approved Aircraft 
Flight Manual for that aircraft.'' By adding this term to the SFAR, it 
will allow the exception for a life preserver to be readily available 
for its intended use and easily accessible to each occupant rather than 
requiring each occupant to wear a life preserver providing the powered-
lift can meet the performance criteria discussed above. If a powered-
lift cannot meet the performance criteria as discussed above or is not 
equipped with floats, then each occupant must wear a life preserver 
from before takeoff until the flight is no longer over water.
---------------------------------------------------------------------------

    \424\ For a more detailed discussion on ``critical change of 
thrust'' see Section V.C.3 regarding Sec.  135.168.
---------------------------------------------------------------------------

    The FAA did not include the term ``distributed electric 
propulsion'' as recommended by Joby because the FAA wanted this change 
to apply to all future propulsion systems that could experience a 
critical change of thrust, and not just those that are electrically 
driven.
    Joby also recommended, regarding Sec.  136.9(b)(3), that the term 
aircraft be used in place of airplane and rotorcraft in reference to 
flight manual. That change was made in the Update to Air Carrier 
Definitions rule which was published July 26, 2023.
    As a result of the foregoing, the FAA adopts Sec.  194.308(a)(1) as 
proposed, but as a result of renumbering it is now Sec.  
194.308(d)(1)(i). The FAA also adds Sec.  194.308(d)(1)(ii), which adds 
the term ``critical change of thrust'' to Sec.  136.9(b)(3) in response 
to Joby's comment.
3. Rotorcraft Floats Over Water (Sec.  136.11)
    Section 136.11 permits single-engine rotorcraft in commercial air 
tours to operate over water beyond the shoreline only when they are 
equipped with fixed floats or an inflatable flotation system adequate 
to accomplish a safe emergency ditching. Similarly, multiengine 
rotorcraft that cannot be operated with the critical engine inoperative 
at a weight that will allow it to climb at least 50 feet a minute at an 
altitude of 1,000 feet above the surface as provided in the AFM also 
must be equipped with fixed floats or an inflatable flotation system.
    Rotorcraft that are equipped with flotation systems must have an 
activation switch for that system on one of the primary flight 
controls, and the system must be armed when the rotorcraft is over 
water and flying at a speed that does not exceed the maximum speed 
prescribed in the AFM. These requirements, however, do not apply to 
operations over water during the takeoff and landing portions of 
flight, or to operations within the power-off gliding distance to the 
shoreline for the duration of the flight provided each occupant is 
wearing a life preserver from before takeoff until the aircraft is no 
longer over water.\425\
---------------------------------------------------------------------------

    \425\ See Update to Air Carrier Definitions NPRM, 87 FR 75004 
(Dec. 07, 2022).
---------------------------------------------------------------------------

    In the NPRM, the FAA proposed to apply Sec.  136.11(a)(2), (b), and 
(c) to powered-lift that are conducting air tour operations in the 
vertical-lift flight mode beyond the auto-rotational distance or 
gliding distance from the shoreline. Requiring flotation equipment is a 
necessary requirement for mitigating the serious risks posed by engine 
failures over water for these aircraft.
    Joby commented on Sec.  136.11 with a suggestion to add the term 
powered-lift alongside helicopter to the entire section except for 
Sec.  136.11(a)(1), which is for single-engine rotorcraft. Joby also 
requested to add ``critical loss of thrust for distributed electric 
propulsion systems'' to Sec.  136.11(a)(2) for the same reasons 
specified in their comment on Sec.  136.9(b)(3).
    GAMA suggested Sec.  136.11 would not need to be changed because 
the overwater requirements for powered-lift are covered by Sec.  136.9. 
The FAA disagrees with GAMA. These two over water regulatory 
requirements are both necessary for powered-lift, as Sec.  136.11 
provides criteria for inflatable floats that is not found within Sec.  
136.9 (b)(1). Section 136.11 requires rotorcraft to install floats when 
used in commercial air tours over water beyond the shoreline unless it 
is a multi-engine aircraft that can meet the performance criteria to 
keep it out of the water. The same criteria are equally important for 
powered-lift. If the powered-lift is operating beyond the shoreline and 
cannot meet that performance criteria to keep it out of the water, then 
each occupant must wear a life preserver. Powered-lift, just like 
multiengine rotorcraft, that have the performance capability to keep 
the aircraft out of the water are not required to install floats. 
However, the operator or pilot in command of a commercial air tour over 
water beyond the shoreline must still ensure a life preserver is 
readily available and easily accessible to each occupant as required 
for all aircraft under Sec.  136.9(b).
    Based on the information the FAA received during the comment 
period, the FAA decided to remove the reference to ``vertical-lift 
flight mode'' in Sec.  194.310(b)(2) because powered-lift designs are 
still in the development phase and there is no operational data to 
support that most powered-lift designs will behave like an airplane in 
a ditching scenario regardless of the flight mode. One of the purposes 
of the SFAR is to gain knowledge such as this before a final rule is 
codified. The FAA also believes many of the powered-lift will have the 
performance capability to keep the aircraft out of the water and will 
therefore not be required to install floats. As a result, the FAA has 
removed reference to ``vertical-lift flight mode'' in Sec.  
194.308(d)(2).
    As discussed above, in the NPRM, the FAA proposed to apply Sec.  
136.11(a)(2), (b), and (c) to powered-lift that are conducting air tour 
operations beyond the ``auto-rotational distance or gliding distance 
from the shoreline.'' The FAA is removing this reference for three 
reasons. First, due to the removal of the reference to vertical-lift 
flight mode, the FAA determined the term ``auto-rotational'' is no 
longer required for Sec.  194.308(d)(1) and (2). Second, in review of 
the National Air Tours Safety Standards final rule published February 
13, 2007, the FAA used the term ``gliding distance'' with respect to 
helicopters and implied that the use of the term gliding was inclusive 
of an autorotation.\426\ Third, removing the reference ``auto-
rotational'' will maintain consistency and avoid any confusion with the 
term ``gliding'' contained in Sec.  136.11. As a result, the FAA has 
used the verbiage from Sec.  136.11 stating that Sec.  136.11(a), (b), 
and (c) apply to powered-lift ``used in commercial air tours over water 
beyond the shoreline.'' In addition, the exceptions under Sec.  
136.11(c) still apply--the exception under Sec.  136.11(c)(2) would 
apply to powered-lift that meet those criteria, which includes both 
autorotating and gliding distance to the shoreline.
---------------------------------------------------------------------------

    \426\ National Air Tours Safety Standards, final rule, 72 FR 
6904 (Feb. 13, 2007).
---------------------------------------------------------------------------

    In the NPRM, the FAA stated it would not apply the single-engine 
provision from Sec.  136.11(a)(1) to powered-lift because all powered-
lift coming to the market are currently multiengine, not single-engine. 
However, the FAA has reconsidered the decision to not apply Sec.  
136.11(a) to single-engine powered-lift because a single-engine 
powered-lift could be developed during the duration of the SFAR and 
should be equally covered by the safety provisions stipulated for 
rotorcraft in Sec.  136.11(a). Without knowing whether a powered-lift 
will float for a longer period of time than a rotorcraft after 
ditching, the safety justifications to require floats be installed on 
single-engine powered-lift

[[Page 92450]]

are equal to those for single-engine rotorcraft used in commercial air 
tours over water beyond the shoreline. Therefore, the FAA will add 
powered-lift alongside rotorcraft in the SFAR and change Sec.  
194.310(b)(2) to meet the intent of Sec.  136.11(a)(1). This new 
provision is codified at Sec.  194.308(d)(2)(i).
    The FAA is making a change to the final regulatory text pertaining 
to Sec.  136.11(a)(2). Joby's comment on Sec.  136.11(a)(2) is 
identical to their comment on Sec.  136.9(b)(3), and therefore the FAA 
will incorporate the verbiage into SFAR Sec.  194.308(d)(2)(ii) with 
minor revision to Joby's proposal for Sec.  136.11(a)(2) as discussed 
in the section regarding Sec.  136.9(b)(3). As discussed in Sec.  
136.9(b)(3), the FAA will add the term ``critical change of thrust'' to 
Sec.  194.308(d)(2)(ii). Adding this paragraph will ensure a powered-
lift operating in commercial air tours over water beyond the shoreline 
must meet the performance requirements of Sec.  136.11(a)(2) or be 
equipped with fixed floats or an inflatable flotation system adequate 
to accomplish a safe emergency ditching.
    In their comment relating to Sec.  136.11(b)(2), Joby also 
recommended that the term aircraft be used in place of airplane and 
rotorcraft in reference to flight manual. That change was made in the 
Update to Air Carrier Definitions rule which was published July 26, 
2023.
    Therefore, the FAA adopts Sec.  194.310(b)(2) with the changes 
referenced above; however, due to renumbering this provision is now 
Sec.  194.308(d)(2). The FAA will add the provisions of Sec.  136.11(a) 
to single-engine powered-lift under Sec.  194.308(d)(2)(i), add the 
term ``critical change of thrust'' to Sec.  194.308(d)(2)(ii), remove 
the provision that Sec.  194.308(d)(2) is only applicable to powered-
lift operating in the vertical-lift flight mode, and remove references 
to ``auto-rotational or gliding distance'' in Sec.  194.308(d)(2).
4. Rotorcraft Performance Plans and Operations (Sec.  136.13)
    Section 136.13 requires operators using rotorcraft to develop a 
performance plan before each commercial air tour operation. These plans 
must be reviewed by the Pilot in Command (PIC) for accuracy and adhered 
to during flights. Such plans play a crucial role in mitigating risks 
by requiring the PIC to be prepared to respond to unexpected 
situations.
    Similar to rotorcraft, commercial air tour operators of powered-
lift will likely take advantage of the vertical takeoff, out of ground 
effect hovering capabilities, and out of ground effect slow flight 
capabilities of these aircraft while operating at speeds that may not 
exceed effective translational lift airspeed. Operating in this 
condition increases the exposure to the risk of not being able to 
perform a successful autorotation landing in the event of an engine 
failure. The FAA acknowledged that operating within the ``avoid'' zone 
of the height/velocity (H/V) diagram or the ``avoidance area related to 
the transitions that may occur between the vertical-lift and wing-borne 
mode'' decreases the ability to successfully perform an autorotation, 
or a safe landing following a critical change of thrust. Hence, 
operators must not just plan, but operate in alignment with the 
performance plan to ensure aviation safety. As a result, operators 
should be aware of H/V diagrams or the performance capability of their 
aircraft following a critical change of thrust. This will require a 
performance plan for commercial air tours that are conducted in 
powered-lift which have height velocity information or performance 
criteria with avoidance area information contained in the AFM related 
to the transitions that occur between the vertical-lift and wing-borne 
mode.
    The FAA received one comment from GAMA who agreed the provision of 
Sec.  136.13 should apply to powered-lift. The FAA did not make any 
substantive changes to the proposed regulatory text. As a result, the 
FAA adopts Sec.  194.310(b)(3), which requires a person to comply with 
the requirements specified for rotorcraft contained Sec.  136.13, as 
final. As a result of renumbering, it is now Sec.  194.308(d)(3).
5. Commercial Air Tours in Hawaii
    In the Update to Air Carrier Definitions final rule, the FAA 
amended the applicability and definitions that were contained in 
subpart A of part 136 and appendix A to include powered-lift.\427\ 
Additionally, the information contained in appendix A to part 136 was 
moved to subpart D of part 136. Subpart D of part 136 now contains the 
special operating rules for air tour operators in Hawaii.\428\ This 
subpart prescribes operating rules for air tour flights conducted in 
airplanes, powered-lift, or rotorcraft under VFR in the State of Hawaii 
pursuant to parts 91, 121, and 135.\429\
---------------------------------------------------------------------------

    \427\ Update to Air Carrier Definitions final rule, 88 FR 48077 
(July 26, 2023).
    \428\ In the Update to Air Carrier Definitions final rule, the 
FAA recodified appendix A, which was previously SFAR No. 71, as 
subpart D of part 136. Update to Air Carrier Definitions, final 
rule, 88 FR 48078 (July 26, 2023).
    \429\ Id.
---------------------------------------------------------------------------

    The FAA received one comment from GAMA relating to appendix A 
Special Operating Rules for State of Hawaii. They made a broad 
statement to apply either airplane or helicopter rules for powered-
lift, including for appendix A, without any specifics. The FAA agrees 
with GAMA, as their broad statement is in line with the FAA's general 
approach to integrating powered-lift into the regulations. As stated in 
the NPRM, for rules that are not generally applicable to aircraft, the 
FAA will apply the rotorcraft rules to powered-lift as contained in 
subpart D of part 136--Special Operating Rules for Air Tour Operators 
in the State of Hawaii.
    Flotation Equipment: Section 136.75(a) replaced section 3 of 
appendix A, as identified in the NPRM, and does not permit an air tour 
in Hawaii in a single-engine \430\ rotorcraft beyond the shore of any 
island unless the rotorcraft is amphibious, equipped with floats 
adequate to accomplish a safe emergency ditching, and approved 
flotation gear is easily accessible for each occupant or each person on 
board the rotorcraft is wearing approved flotation gear. The FAA 
proposed to apply section 3 of appendix A (now Sec.  136.75(a)) to 
powered-lift in Sec.  194.310(b)(4)(i). Applying the requirement for 
flotation equipment would increase the likelihood of surviving in the 
event of a water landing. These requirements were created specifically 
for Hawaii due to the rugged terrain. The FAA determined that extending 
this requirement to all powered-lift operators conducting air tours in 
Hawaii beyond the shore of any island was appropriate because powered-
lift will likely operate in a manner that is similar to rotorcraft when 
conducting air tour operations in Hawaii.
---------------------------------------------------------------------------

    \430\ See below for further discussion on the FAA permanently 
amending Sec.  136.75(a) to refer to ``single-engine'' rotorcraft.
---------------------------------------------------------------------------

    The FAA did not receive any comments on SFAR 194.310(b)(4)(i). The 
only change the FAA is making to the proposed Sec.  194.310(b)(4)(i) is 
that it now references Sec.  136.75(a), rather than section 3 of 
Appendix A. The FAA adopts Sec.  194.310(b)(4)(i) as amended, but as a 
result of renumbering, it is now Sec.  194.308(d)(4).
i. Performance Plan (Sec.  136.75(b))
    Section 136.75(b) replaced section 4 of appendix A as identified in 
the NPRM and requires each rotorcraft operator to complete a 
performance plan that is based on the current approved AFM for that 
aircraft and the PIC must

[[Page 92451]]

comply with that plan.\431\ The performance plan must be based upon 
information contained in the AFM and must consider the maximum density 
altitude for the flight; maximum gross weight and center of gravity for 
hovering while in and out of ground effect; and the highest combination 
of weight, altitude, and temperature. Environmental conditions relevant 
to the altitude and temperature of the operation are critical 
considerations in ensuring safety of flight because both affect the 
performance of the aircraft. Operators' performance plans would ensure 
operators' awareness of how conditions could affect the flight; as a 
result, operators will be in a position to make appropriate contingency 
plans and make suitable decisions should they encounter hazards during 
an air tour operation.
---------------------------------------------------------------------------

    \431\ Sec.  136.75(b).
---------------------------------------------------------------------------

    In the NPRM, the FAA proposed to apply section 4 of appendix A (now 
Sec.  136.75(b)) to powered-lift in Sec.  194.310(b)(4)(ii). Applying 
this performance plan requirement to operators of powered-lift 
conducting air tours in Hawaii would ensure the operator conducting the 
operation is aware of the necessary information concerning the aircraft 
and operation.
    In response to the one comment received from GAMA, noted above, the 
FAA did not make any changes to the proposed regulatory text. The only 
change the FAA is making to Sec.  194.310(b)(4)(ii) is that it now 
references Sec.  136.75(b), rather than section 4 of appendix A. The 
FAA adopts Sec.  194.310(b)(4)(ii) as revised, but as a result of 
renumbering, it is now Sec.  194.108(d)(5).
    Section 136.75(c) replaced section 5 of appendix A as identified in 
the NPRM and requires the PIC to operate at a combination of height and 
forward speed that would permit a safe landing in the event of engine 
power loss or a critical change of thrust in accordance with the 
height-speed envelope under current weight and aircraft altitude.
    In the NPRM, the FAA proposed to apply section 5 of appendix A (now 
Sec.  136.75(c)) to powered-lift in Sec.  194.310(b)(4)(iii). Applying 
the operational limitations for rotorcraft to powered-lift was 
determined to be appropriate because the FAA expects powered-lift will 
hover and have other operating characteristics like rotorcraft when 
conducting air tours. Because engine power loss or a critical change of 
thrust could have detrimental consequences, powered-lift may require 
quick landings in response to engine failures or critical changes of 
thrust. The FAA determined that requiring the PIC to operate the 
aircraft in a manner that permits the PIC to land safely was an 
appropriate means of mitigating the risk associated with engine power 
loss or critical changes of thrust. Overall, the proposal aims to 
ensure that powered-lift operations in commercial air tours adhere to 
safety standards equivalent to those established for rotorcraft in 
Hawaii. This extension was deemed appropriate given the similarities in 
operating profiles between powered-lift and rotorcraft during air tour 
operations in Hawaii.
    In response to the one comment received from GAMA as mentioned 
above, the FAA did not make any changes to the proposed regulatory 
text. However, to align with the new verbiage, critical change of 
thrust, associated with powered-lift and previously discussed in 
section VI.D.3. of this final rule, the FAA will add language to 
clarify that the term ``critical change of thrust'' is included after 
``in event of engine power loss'' in Sec.  136.75(c). The FAA is 
further amending Sec.  194.310(b)(4)(iii) to refer to Sec.  136.75(c), 
rather than section 5 of appendix A. As a result, the FAA adopts Sec.  
194.310(b)(4)(iii) as amended, but as a result of renumbering, these 
amendments are reflected in Sec.  194.308(d)(6).
ii. Permanent Rule Change for Sec.  136.75(a)
    In the Update to Air Carrier Definitions rule, when appendix A was 
moved to subpart D and the term helicopter was changed to rotorcraft, a 
word was inadvertently omitted. As a result, the applicability of 
required flotation equipment was mistakenly expanded to all rotorcraft, 
instead of only single-engine rotorcraft. Therefore, the FAA will add 
the term ``single-engine'' ahead of ``rotorcraft'' as a permanent 
change in Sec.  136.75(a) because the FAA never intended for this 
requirement to apply to all rotorcraft, but instead to only apply to 
single-engine rotorcraft.

F. Part 43 Applicability to Powered-Lift

    Part 43 outlines maintenance, preventive maintenance, rebuilding, 
and alteration rules for any aircraft with U.S. airworthiness 
certificates; foreign-registered civil aircraft used in common carriage 
or carriage of mail under the provisions of part 121 or 135; and 
airframe, aircraft engines, propellers, appliances, and component parts 
of such aircraft.\432\ Aircraft operating under parts 91 or 135 must be 
maintained and inspected in accordance with part 43.
---------------------------------------------------------------------------

    \432\ Sec.  43.1.
---------------------------------------------------------------------------

    Section 43.3(h) states that the Administrator may approve a 
certificate holder, operating rotorcraft in a remote area under part 
135, to allow a pilot to perform specific preventive maintenance items, 
under certain limitations, when no certificated mechanic is available 
and an unscheduled malfunction occurs. The FAA proposed in Sec.  
194.402(a) that the preventive maintenance protocols outlined in Sec.  
43.3(h) also apply to certificate holders under part 135 operating 
powered-lift in remote areas. A pilot who is trained under the 
requirements of Sec.  43.3(h) would provide the same level of 
competency as a certificated mechanic when performing the authorized 
preventive maintenance function.\433\ The pilot is required to complete 
an FAA-approved training program and perform the specific preventive 
maintenance items under the direct control of the certificate holder's 
preventive maintenance program. Some powered-lift pilots may operate in 
remote areas and would consequently experience the same challenges that 
exist for rotorcraft when an unscheduled malfunction occurs.
---------------------------------------------------------------------------

    \433\ See Rotorcraft Regulatory Review Program Amendment No. 5; 
Operations and Maintenance, 51 FR 40692 at 40702 (Nov. 7, 1986).
---------------------------------------------------------------------------

    The FAA did not receive any comments on Sec.  43.3(h). Therefore, 
the FAA adopts Sec.  194.402 as final and applies Sec.  43.3(h) to 
powered-lift.\434\
---------------------------------------------------------------------------

    \434\ The regulations under Title 14 of the Code of Federal 
Regulations that reference ``aircraft'' currently apply to powered-
lift. Sections 43.2, 43.5, 43.10, 43.11, 43.12, 43.13, 43.17, and 
Appendix F to part 43 all apply to ``aircraft,'' and, accordingly, 
to powered-lift. See 14 CFR part 43.
---------------------------------------------------------------------------

    The FAA also proposed to apply Sec.  43.15(b) to powered-lift in 
Sec.  194.402(b). Section 43.15(b) requires persons performing an 
inspection on a rotorcraft, as required by part 91, to inspect certain 
rotorcraft systems in accordance with the maintenance manual or 
Instructions for Continued Airworthiness.\435\
---------------------------------------------------------------------------

    \435\ Sec.  43.15(b).
---------------------------------------------------------------------------

    The systems listed under Sec.  43.15(b) are generally considered 
systems comprised of ``critical parts'' as defined in Sec. Sec.  27.602 
and 29.602.\436\ However, these systems are specific to rotorcraft and 
may or may not apply to powered-lift. Powered-lift are new entrant 
aircraft, and as a result, the FAA did not

[[Page 92452]]

have the information to know all the systems on any given powered-lift 
that may be considered a critical part. The parts the powered-lift 
manufacturer identifies as ``critical parts'' for flight are required 
inspection items and must be listed in the aircraft manufacturer's 
maintenance manual. In determining critical parts, the manufacturer 
must consider a flight safety-critical aircraft part list which, if 
nonconforming, missing, or degraded, could cause a catastrophic failure 
resulting in loss of, or serious damage to, the aircraft or an 
uncommanded engine shutdown resulting in an unsafe condition. The 
characteristic can be critical in terms of dimension, tolerance, 
finish, or material; an assembly, manufacturing, or inspection process; 
or an operation, maintenance, or overhaul requirement.
---------------------------------------------------------------------------

    \436\ Sections 27.602 and 29.602 define a ``critical part'' as 
``a part, the failure of which could have a catastrophic effect upon 
the rotorcraft, and for which critical characteristics have been 
identified which must be controlled to ensure the required level of 
integrity.'' The procedures referenced in Sec. Sec.  27.602(b) and 
29.602(b) will be addressed during the Sec.  21.17(b) certification 
process.
---------------------------------------------------------------------------

    For powered-lift with critical parts, a type design must include a 
critical parts list and define the critical design characteristics, 
identify processes that affect those characteristics, and identify the 
design change and process change controls necessary for showing 
compliance with the quality assurance requirements of part 21. 
Requiring a powered-lift critical parts inspection under Sec.  
194.402(b) will ensure that the owner or operator's inspections comply 
with both Sec.  43.15(b) as well as Sec.  91.409, which requires 
aircraft inspections conducted in accordance with part 43 to obtain or 
keep an airworthiness certificate. The FAA did not receive any comments 
on the proposed Sec.  194.402.
    Therefore, the FAA adopts Sec.  194.402 as final and applies 
Sec. Sec.  43.3(h) and 43.15(b) to powered-lift.

G. Pilot Records Database

    Part 111 prescribes rules governing the use of the Pilot Records 
Database (PRD). The PRD facilitates the sharing of pilot records among 
air carriers and other operators in an electronic data system managed 
by the FAA. Part 111 requires air carriers, specific operators holding 
out to the public, entities conducting public aircraft operations, air 
tour operators, fractional ownerships, and corporate flight departments 
to enter relevant data on individuals employed as pilots into the PRD. 
The PRD is intended to help maintain records about a pilot's 
performance with previous employers that could influence a future 
employer's hiring decision.
    Section 111.1(b)(4) states that part 111 applies to an operator who 
operates two or more aircraft described in paragraphs (i) and (ii), 
solely pursuant to the general operating rules in part 91, or that 
operates aircraft pursuant to a Letter of Deviation Authority issued 
under Sec.  125.3. Paragraphs (i) and (ii) apply to standard 
airworthiness airplanes that require a type rating under Sec.  61.31(a) 
and turbine-powered rotorcraft, respectively.
    In the NPRM, the FAA proposed permanently amending Sec.  
111.1(b)(4) to include a new paragraph (iii) that applies to large 
powered-lift. The FAA did not propose amending other paragraphs within 
Sec.  111.1 because, as currently written, they already apply to 
operators of powered-lift. Pilots of large powered-lift may go on to 
work for an air carrier in the future, and reporting these pilot 
records would be relevant to a future hiring air carrier. This proposal 
aligns with the current requirements and intent of Sec.  111.1(b)(4) 
and the type rating requirements in Sec.  61.31(a).
    The FAA received one comment related to Sec.  111.1(b)(4). A4A 
agreed with the FAA's proposed amendment to Sec.  111.1(b)(4), stating 
that obtaining information before a pilot is hired via the FAA's PRD is 
necessary for safety.
    The FAA agrees with A4A that the PRD provides a crucial level of 
detailed information on pilots operating in the NAS. The PRD provides 
air carriers with pilot certificates, ratings and limitations, medical 
certificate information, failed attempts to pass a practical test, and 
accidents and incidents from the FAA, employment history from air 
carriers, and the date of request for motor vehicle driving records 
from the National Driver Register.
    In response to the comment received, the FAA did not make any 
changes to the proposed regulatory text. Therefore, the FAA adopts 
Sec.  111.1(b)(4)(iii) as final.

VII. Air Traffic Operations

    In the NPRM, the FAA proposed to leverage its existing standards 
and procedures for powered-lift air traffic operations. These standards 
and procedures encompass separation protocols managed by Air Traffic 
Control (ATC) to ensure safe and orderly air traffic flow. These 
standards vary based on factors like airspace classification and 
aircraft type.
    FAA Order JO 7110.65 details the air traffic separation standards 
and addresses separation standards and procedures for aircraft and 
helicopters differently. Factors like aircraft weight, wake turbulence, 
and radar distance influence separation standards, with ongoing 
monitoring to maintain safety. Currently, the FAA's Air Traffic 
Organization is working to modify JO 7110.65, ensuring safe and 
efficient powered-lift operations in the National Airspace System 
(NAS). While updates to accommodate powered-lift are underway, ATC will 
leverage its existing standards for aircraft.
    Eve suggested the SFAR did not consider emerging technology and 
benefits of advanced traffic management services that will support 
operations coordination at scale. The FAA will not make any changes at 
this time. The FAA will use existing traffic management systems to 
support and manage powered-lift operations as necessary. However, the 
FAA may consider whether changes are appropriate as demand for powered-
lift operations grows.
    One commenter asserted people on the ground should be protected 
from the unique risks posed by eVTOLs' battery systems, which the 
commenter said are highly flammable. The commenter recommended 
considering flight routes for battery powered eVTOLs and said, if these 
aircraft operate over densely populated areas, they should follow 
railroads, highways, and street paths, rather than cutting across 
neighborhoods. Additionally, the commenter argued the flying public 
should be made aware ahead of time whether an eVTOL they intend to fly 
on as a passenger has a pilot on-board.
    The FAA did not make any changes to the proposed regulatory text 
and determined no additional rulemaking is necessary at this time to 
address air traffic procedures. As mentioned above, the FAA will use 
existing traffic management systems to support and manage powered-lift 
operations as necessary. In addition, these aircraft are required to be 
type certificated, including those used for carrying passengers, and 
thus required to meet the FAA's expectations for safety and 
reliability. Today, one way the FAA helps protect persons and property 
on the ground with manned aviation is by using minimum safe altitudes 
which pilots must follow to help ensure the pilot has enough time to 
respond to an emergency. As discussed in section VI. of this preamble 
(``Operational Rules for Powered-Lift''), during this rulemaking, the 
FAA evaluated the current minimum safe altitudes to determine how they 
should apply to powered-lift. The FAA determined that some powered-lift 
have operating characteristics similar to helicopters in that they can 
land in a relatively small space and have the ability to autorotate (or 
perform an equivalent maneuver) with precision during power-out 
emergencies. If a powered-lift can meet the performance-based 
requirements outlined in the SFAR, it can use the minimum safe 
altitudes for helicopters with no adverse effect on safety. Powered-
lift that cannot meet the

[[Page 92453]]

performance-based requirements will use the minimum safe altitudes 
outlined for aircraft other than helicopters. In regard to the 
suggestion that powered-lift operations alert passengers on whether a 
pilot is operating the aircraft, the powered-lift rule does not 
contemplate powered-lift operating without a pilot, and therefore does 
not address passenger-carrying operations without a pilot on board.

VIII. International Operations for Powered-Lift

    The FAA's policy is to meet the U.S. obligations under the 
Convention on International Civil Aviation (``Chicago Convention'') by 
conforming to the International Civil Aviation Organization (ICAO) 
Standards and Recommended Practices (SARPs) to the maximum extent 
practicable. ICAO annexes contain the international SARPs for safety, 
regulation, and efficiency of air navigation. The Chicago Convention 
ensures that certificates of airworthiness, certificates of competency, 
and licenses are recognized by other Member States as long as the 
issuing States meet the minimum ICAO standards. The Member States' 
Civil Aviation Authorities (CAAs) each integrate the ICAO SARPs into 
their national legal frameworks and practices and are responsible for 
regulatory oversight. When unable to integrate the ICAO SARP into their 
national legal framework, each ICAO Member State CAA is obligated to 
file a difference to that ICAO SARP and update their CAA's Aeronautical 
Information Publication (AIP). When the FAA is notified that ICAO 
adopted a new standard which is impracticable to comply with in all 
respects of the standard or procedure, or to bring its own regulations 
or practices into full accord with any international standard, the FAA 
will notify ICAO of the differences between its own practice and that 
established by the international standard.
    As these aircraft obtain type certification, the FAA will amend, as 
appropriate, operational rules and pilot training requirements to 
support the varied designs being proposed by the manufacturers. Longer 
term, the agency will continue to develop permanent powered-lift 
regulations to safely enable powered-lift operations by working with 
industry and international partners. This process is performed in 
parallel to the FAA's international partners' efforts and in alignment 
with international safety requirements. This is an ongoing project and 
relies on data-gathering processes to develop more permanent 
regulations.

A. Personnel Licensing

    Part 61 prescribes the requirements for the issuance of pilot, 
flight instructor, and ground instructor certificates, as well as the 
privileges and limitations of such. Similarly, ICAO Annex 1 provides 
SARPs for personnel licensing, including those for powered-lift 
ratings. Specifically, ICAO included a permissive transitional measure 
in ICAO Annex 1, providing ICAO member States a temporary 
recommendation for the issuance of a powered-lift type rating. In the 
transitional measures, section 2.1.1.4 states that a licensing 
authority may endorse a type rating for a powered-lift category on an 
existing airplane or helicopter pilot license (i.e., certificate). 
Should a licensing authority implement this endorsement, the 
endorsement must indicate the aircraft is part of the powered-lift 
category and must result from training during a course of approved 
training. Additionally, the training must consider previous experience 
in an airplane or helicopter, as appropriate, and incorporate all 
relevant operational aspects of a powered-lift.
    The FAA has chosen not to implement this permissive transitional 
measure as written, but rather require a powered-lift category rating 
in addition to a type rating for each make/model of aircraft. This is 
due to the wide range of powered-lift being developed that have complex 
and varied design, flight, and handling characteristics, making the 
establishment of classes within powered-lift not practicable at this 
time. Therefore, pilots with an airplane category or rotorcraft 
category helicopter class rating may transition and/or add a powered-
lift category rating, hence providing a substantial pool of qualified 
candidates to staff the initial cadre of powered-lift pilots and 
instructors. This meets the standards in ICAO Annex 1 and establishes a 
path toward pilot certification with an equivalent level of safety by 
providing pilots training on the unique designs of powered-lift while 
leveraging those pilots' prior experience and advanced training devices 
to create the first group of powered-lift pilots. These pilots will 
then go on to form the first instructors for subsequent applicants. 
Should the ICAO transitional measure become a standard in the future, 
the FAA will undertake measures to align with ICAO standards to the 
greatest extent practicable, which may include filing a difference.
    EASA stated that the FAA's definition of ``powered-lift'' will not 
fit all innovative VTOL aircraft because they do not all have non-
rotating airfoils to create lift during horizontal flight and expressed 
concern regarding international harmonization efforts. The agency 
described its approach to certify innovative VTOL aircraft as a 
separate ``VTOL-capable aircraft'' category with a new, flexible 
regulatory framework for pilot licensing and operations of such 
aircraft. EASA invited the FAA to reconsider its own approach in the 
proposed SFAR, stating that European VTOL aircraft manufacturers view 
the powered-lift category rating requirement as an obstacle to 
achieving innovative VTOL aircraft operations. While EASA acknowledged 
that the FAA's approach to powered-lift pilot licensing is comparable 
to the agency's own approach in many respects, the principal difference 
is the powered-lift category rating requirement where, instead, EASA 
proposed alignment with Sec.  2.1.1.4.\437\
---------------------------------------------------------------------------

    \437\ Additionally, EASA described that in CM-FCD-001, EASA 
proposed requiring each applicant for a Type Certificate (TC) of 
VTOL-capable aircraft carry out a gap analysis, or Training Needs 
Analysis (TNA), to develop a customized syllabus to be approved as 
part of the Operational Suitability Data: Flight Crew (OSD FC). EASA 
described that the TNA, conducted in coordination with the agency, 
would identify the elements of pilot type rating training and 
checking based on the specific characteristics of the aircraft and 
will be the foundation of the training syllabi. NBAA also emphasized 
the proposal in CM-FCD-001 as a means to qualify FAA airmen.
---------------------------------------------------------------------------

    The FAA received many comments on the decision to decline to 
implement ICAO's transitional measure. These comments are summarized 
and addressed in section V.A. of this preamble, Establish a Type Rating 
Requirement for Persons Seeking to Act as PIC of Powered-Lift, of this 
preamble. The FAA is actively engaged with international certification 
authorities to define and align the certification requirements for 
Advanced Air Mobility. In addition to alignment with the ICAO Annexes, 
the FAA also maintains bilateral agreements, which cover innovative 
projects such as eVTOL aircraft. The FAA will continue to work with 
other foreign regulators to validate their eVTOL aircraft under 
development and to develop a path for U.S. eVTOL aircraft to be 
validated by them, especially with EASA, where aircraft certification 
and airman certification pathways may diverge. The level of new and 
innovative technology in an eVTOL aircraft is of course very high, so 
early partnerships and cross-authority communication to harmonize our 
approach for these technology areas are critical to our success. 
International engagement, collaboration, and harmonization are integral 
parts of our mission given the global nature of this industry when it 
comes to aviation

[[Page 92454]]

safety. The FAA remains committed to improving the sharing of knowledge 
and information to advance global aviation safety--in other words, 
transparency.

B. Operations of Aircraft

    Under parts 91 and 135, while operating outside the United 
States,\438\ the FAA requires U.S. operators to comply with ICAO Annex 
2, Rules of the Air. As a result, powered-lift operators that are type-
certificated with a standard airworthiness certificate and conduct 
their operations in accordance with the standards outlined in Annex 2 
would be eligible to operate over the high seas. The FAA's approach to 
powered-lift operational requirements centered on determining which 
airplane-, helicopter-, or rotorcraft-specific rules apply to powered-
lift and takes into account which flight mode, either vertical-lift or 
wing-borne flight mode, the aircraft will operate in during those 
operations. The FAA has determined this approach meets an equivalent 
level of safety with the current rules in parts 91 and 135 while 
allowing operational flexibility commensurate with the variable nature 
of powered-lift flight modes.
---------------------------------------------------------------------------

    \438\ See Sec.  91.703 for additional requirements for 
operations of civil aircraft of U.S. registry while conducting 
operations outside of the United States.
---------------------------------------------------------------------------

    Several commenters contended that the proposed SFAR does not fully 
align with ICAO SARPs.
    Commenters recommended the FAA revise the NPRM to apply helicopter 
altitude and weather minima for approach, departure, and landing; and 
revise the existing fuel reserve requirement to a performance-based 
standard for powered-lift to maintain an equivalent level of safety.
    Archer recommended clarifying the framework via ICAO Document 10103 
``Guidance on the Implementation of ICAO Standards and Recommended 
Practices for Tilt-rotors.''
    A joint association letter from AIA, AUVSI, HAI, NATA, NBAA, and 
VFS encouraged the FAA to consider language in the Advanced Aviation 
Act \439\ when adjudicating comments as well as considering the 
guidance found in ICAO Document 10103.
---------------------------------------------------------------------------

    \439\ The Advanced Aviation Act ``directs the DOT to redesignate 
the Office of NextGen as the Office of Advanced Aviation whose 
duties include the coordination of rulemaking and approval processes 
on manners relating to advanced aviation systems.'' The bill also 
seeks to promote a practical pathway for pilot qualifications and 
operations, aligning those pathways with section 2.1.1.4 of ICAO 
Annex 1, adoption of recommendations in Document 10103, applying 
performance-based requirements for energy reserves, and consulting 
with the U.S. Air Force Agility Prime Program. Advanced Aviation 
Act, H.R. 220, 118th Congress.
---------------------------------------------------------------------------

    To achieve better alignment with ICAO standards, Joby suggested the 
FAA reverse proposed Sec. Sec.  194.302 and 194.303, add ``unless 
otherwise specified'' to those proposed sections to allow flexibility, 
or regulate all powered-lift operations according to helicopter 
rules.\440\ AWPC, ADS, and GAMA suggested conforming with ICAO SARPs by 
including performance-based operational rules that account for the 
diverse operational capabilities of powered-lift.
---------------------------------------------------------------------------

    \440\ If applying helicopter rules to all powered-lift 
operations, Joby recommended addressing other relevant regulations 
with limitations in the Airplane Flight Manual (AFM).
---------------------------------------------------------------------------

    Commenters identified ICAO Document 10103 \441\ as providing a 
framework for harmonizing powered-lift standards. Joby, Supernal, AWPC, 
the NBAA, and L3Harris contended that the ICAO SARPs and ICAO Document 
10103 were dismissed, misrepresented, or ignored by the FAA in the 
proposed SFAR. With regard to ICAO Document 10103, the NPRM 
acknowledged this document as providing ``basic guidance relative to 
large turbine-powered tilt-rotors (a kind of powered-lift),'' \442\ but 
determined that it does not address electric-powered tilt-rotors or 
other types of powered-lift. Joby disagreed with this assessment and 
asserted that the document does not solely apply to large turbine-
powered tilt-rotors as the NPRM stated. Supernal and the NBAA argued 
that the document's standards do not explicitly exclude electric 
propulsion and that there is no safety case made for the FAA's 
conclusion confirming ICAO intended to exclude electric propulsion. The 
NBAA stated that other National Aviation Authorities (NAAs) seem 
prepared to follow the concepts of ICAO Document 10103. EASA, for 
example, utilized ICAO Document 10103 in consideration of rulemaking 
efforts related to air mobility. The commenters believe the rationale 
in the preamble is insufficient to support dismissal of Document 10103.
---------------------------------------------------------------------------

    \441\ Guidance on the Implementation of ICAO Standards and 
Recommended Practices for Tilt-rotors (10103), International Civil 
Aviation Organization (2019).
    \442\ Integration of Powered-Lift: Pilot Certification and 
Operations; Miscellaneous Amendments Related to Rotorcraft and 
Airplanes NPRM, 88 FR 39068 (June 14, 2023).
---------------------------------------------------------------------------

    AWPC argued that the FAA did not consider ICAO Standards and 
Recommended Practices in the proposed SFAR and its applicability to the 
AW609 Tiltrotor. AWPC noted throughout the SFAR that the FAA states it 
lacks sufficient operational data regarding powered-lift operations. 
The commenter disagreed because, with over 700,000 large turbine 
powered tiltrotor flight hours, AWPC believed sufficient operational 
data exists for the FAA to review when evaluating the rules and 
regulations that should apply to the AW609 tiltrotor operations.
    CAE and NBAA stated that the NPRM's proposal to adopt airplane 
rules for powered-lift (except where helicopter rules are more 
conservative) endangers harmonization efforts with ICAO member states, 
and that manufacturers and operators in states closely aligned with 
ICAO have less costly regulatory burdens while achieving the same 
safety goals. As mentioned above, CAE and the NBAA believed the FAA 
should consider ICAO Document 10103. CAE and the NBAA further stated 
that powered-lift aircraft should utilize helicopter fuel reserves, 
weather minimums and most other helicopter operational rules in parts 
91, 135, and 136; however, because the aircraft can glide farther than 
rotorcraft and some are capable of high altitudes, airplane rules 
should apply for overwater operations and high-altitude oxygen 
requirements.
    Supernal recommended revision to the SFAR purporting that ICAO has 
adopted a helicopter-based requirement for vertical flight and aircraft 
for on-wing flight. The commenter believes this approach aligns 
powered-lift with helicopter requirements in FAA operational rules in 
parts 91, 135, and 136. The commenter stated that the FAA's proposal to 
align powered-lift more closely with airplane regulations creates 
unreasonable mandates for energy reserves, minimum safe altitudes, and 
weather minima. Supernal also stated that powered-lift perform with the 
same low speed and maneuverability as a helicopter and that the 
requirements should reflect these characteristics for takeoff and 
landing. Finally, Supernal commented that ICAO Guidance Document 10103 
provides operational rule standards for powered-lift and that this 
guidance is the basis for the ICAO approach.
    ADS placed heavy emphasis on the harmonization of regulations in 
aligning with international standards, including the United Kingdom. 
ADS is the trade association for the United Kingdom's aerospace, 
defense, security, and space industries. ADS asserted stakeholders will 
seek to export products to U.S. customers and therefore have a vested 
interest in the regulatory framework currently under review. ADS 
encourages the FAA to align with current guidance published in ICAO Doc 
10103 because this would allow rules to be aligned with the aircraft 
type's capabilities, whether airplane or helicopter. Finally,

[[Page 92455]]

ADS stated that the ICAO Guidance Document 10103 also supports the 
development of performance-based operational rules based on the 
specific performance characteristics of an aircraft.
    Ferrovial Vertiports stated the FAA approach deviates from the 
international standards for powered-lift pilot qualification and 
operations. According to the commenter, to remain globally competitive, 
the United States should align with the standards developed by ICAO 
regarding powered-lift and tilt-rotor aircraft and seek harmonization 
with trusted allies such as the EASA. In addition, HAI maintained the 
SFAR does not address the requirements of our bilateral safety 
agreements, particularly with the European Union. That agreement 
requires discussions between the FAA and EASA when each is 
contemplating regulations affecting design, production, or maintenance.
    L3Harris supported the FAA's intention to use the SFAR as a bridge 
to permanent rulemaking and gathering data for future adjustments. 
However, this commenter stated that the proposed SFAR does not provide 
the necessary conditions to enable initial operations and the 
collection and sharing of performance data. L3Harris believes that 
alignment with the ICAO Document 10103 framework in the final rule 
would enable operators to collect and share data about the suitability 
of rotorcraft operational rules for powered-lift, adjust current 
standards, and accommodate the diverse range of vehicle types and 
performance within the powered-lift category effectively. L3Harris 
further proposed the SFAR should be reexamined by a permanent 
rulemaking effort as soon as practicable.
    The NBAA stated that using ICAO Document 10103 as a basis, powered-
lift aircraft would utilize helicopter fuel reserves, weather minimums 
and most other helicopter operational rules in parts 91, 135, and 136; 
however, because the aircraft can glide farther than rotorcraft and 
some are capable of high altitudes, airplane rules would apply to 
overwater operations and high-altitude oxygen requirements. Supernal 
suggested revising existing fuel reserve requirements to a performance-
based standard for powered-lift. In doing so, Supernal believes an 
equivalent level of safety can be maintained. Further, Supernal also 
requested the SFAR to apply helicopter altitude and weather minima for 
approach, departure, and landing.
    In the past, when the FAA has found that it lacks sufficient 
experience regarding new operations, the use of an SFAR has been an 
effective way to gain such experience while enabling some degree of 
limited operations. Such SFARs have typically temporarily enacted 
conservative safety approaches to enable operations, allowing both the 
FAA and industry to observe those operations and then incorporate 
additional efficiencies while maintaining safety in a later permanent 
change to the regulations.
    The FAA acknowledges that AWPC has accomplished many flight hours 
while working toward the type certification of the AW609. However, 
there are many other powered-lift entering the market and the FAA notes 
that these rules are applicable to all powered-lift. Further, the FAA 
notes that ICAO Document 10103 sets forth basic guidance relative only 
to large turbine-powered tilt-rotors; however, this guidance does not 
address electric-powered tilt-rotors or other types of powered-lift. 
Additionally, the FAA reviews and evaluates training and operational 
suitability during an FSB in which AWPC will deliver its proposed type 
rating course to FAA FSB members for approval.
    ICAO Document 10103 addresses the fact that tilt-rotor aircraft are 
a class of powered-lift. This document also makes a note that the 
manual does not address other aircraft within the powered-lift category 
such as vectored-thrust or ducted fan. The FAA is aware and fully 
understands the nature of this document in that the recommendation is 
to replace the terminology in regard to other regulations specific to 
helicopters with that of tilt-rotor. Although ICAO at the time 
anticipated the document would be used as a basis for other civil-
powered aircraft as they approach design maturity, the FAA's position 
is that the tilt-rotor is a class of powered-lift, and a one-for-one 
swap of this terminology would not align in general terms with the 
intent in issuing a powered-lift category rating.
    Notwithstanding, the FAA has evaluated each specific operating rule 
and the safety intent provided. Specifically, in response to comments 
received, the FAA determined that an equivalent level of safety may be 
maintained in some instances by applying performance-based criteria 
with certain parameters under parts 91 and 135. These new requirements 
allow the use of some helicopter rules as long as the operator complies 
with the appropriate risk mitigations that are detailed in the final 
rule. Therefore, there is no longer a distinct dividing line between 
airplane or helicopter rules being applicable to powered-lift. This 
approach more fully aligns with the ICAO Document 10103. While the FAA 
notes that the Document 10103 is guidance material--rather than 
international standards--the FAA believes the final rule addresses 
these comments and may consider these comments again in the future as 
empirical evidence and data are obtained through initial operations. 
Specific performance-based operating rules are outlined in the SFAR 
tables to Sec. Sec.  194.302 and 194.306.

C. Airworthiness of Aircraft

    ICAO Annex 8 does not address powered-lift airworthiness standards. 
Because ICAO has declared Annex 8 as constituting the minimum standards 
for the purpose of Article 33 of the Chicago Convention, it is not 
clear whether the lack of ICAO standards would result in States not 
recognizing another State's airworthiness certificate for a powered-
lift since no minimum international standards currently exist. Since 
publication of the NPRM, no revision of ICAO Annex 8 design standards 
for powered-lift has been initiated by ICAO. While ICAO Document 10103 
provides basic guidance related to large turbine-powered tilt-rotors, 
the guidance does not address electric-powered tilt-rotors or other 
types of powered-lift at this time.
    Powered-lift are special class aircraft for FAA type certification. 
The FAA will apply airworthiness criteria that meet an equivalent level 
of safety to the existing airworthiness standards in Sec.  21.17(b), 
which would be eligible for a standard airworthiness certificate under 
Sec.  21.183. The FAA continues to hold that leveraging its existing 
standards through the process in Sec.  21.17(b) meets the intent of 
ICAO Annex 8 since design standards for these aircraft currently do not 
exist. The FAA received no comments on the airworthiness standards for 
powered-lift as it relates to ICAO and international standards.

IX. Advanced Air Mobility

    The FAA noted in the NPRM that powered-lift will support future 
deployment of advanced air mobility (AAM) operations and this 
rulemaking is a key step in integrating AAM into the national airspace. 
The AAM Coordination and Leadership Act defines ``advanced air 
mobility'' as ``a transportation system that transports people and 
property by air between two points in the United States using aircraft 
with advanced technologies, including electric aircraft or electric 
vertical take-off and landing aircraft, in both controlled and 
uncontrolled

[[Page 92456]]

airspace.'' \443\ The FAA Reauthorization Act of 2024 updated the 
definition to mean ``a transportation system that is comprised of urban 
air mobility and regional air mobility using manned or unmanned 
aircraft.'' \444\ AAM includes transporting passengers in concentrated 
urban environments with electric Vertical Takeoff and Landing (eVTOL) 
aircraft.
---------------------------------------------------------------------------

    \443\ AAM Coordination and Leadership Act, Public Law 117-203 
(Oct. 17, 2022).
    \444\ FAA Reauthorization Act of 2024, Public Law 118-63 (May 
16, 2024).
---------------------------------------------------------------------------

    Many commenters suggested there are potential benefits of AAM, 
including increased transportation efficiency and environmental 
benefits, among others. A4A expressed its enthusiasm for the potential 
advancements in air transportation that AAM will bring and noted safety 
should be the highest priority for AAM oversight and integration in the 
aviation environment. A4A urged the FAA to adopt A4A's recommendations 
\445\ made in response to the DOT's request for information on AAM 
strategy \446\ and expressed its support for the proposed SFAR for 
powered-lift pilots, noting that it expects ``for hire'' operations 
will be regulated and certificated as air carriers conducting 
operations under part 135.
---------------------------------------------------------------------------

    \445\ Airlines for America's response to DOT-OST-2023-0079.
    \446\ Request for Information on Advanced Air Mobility, 88 FR 
31593 (May 17, 2023). The DOT's RFI was published to inform the 
national strategy required by the AAM Coordination and Leadership 
Act.
---------------------------------------------------------------------------

    The FAA's research strategy is evolving to incorporate research 
needed to inform AAM integration, in alignment with the agency's 
increasing focus on AAM. This AAM research strategy follows a crawl, 
walk, run approach. The crawl phase focuses on research to enable 
initial operations. The walk phase is characterized by research to 
support increased AAM operations and increased levels of automation. 
The run phase includes highly automated traffic management, remotely 
piloted and autonomous aircraft, and increased operational frequency.
    The FAA envisions a safe and efficient aviation transportation 
system that will use highly automated aircraft to transport passengers 
and/or cargo within urban areas. As it relates to powered-lift, the 
FAA's research priorities regarding AAM and Urban Air Mobility focus on 
Air Carrier Operations--investigating and identifying the key 
differences between current air carrier operations and future AAM 
transport operations.
    As part of the powered-lift rulemaking effort, the FAA is modifying 
its regulatory approach for certifying operation of powered-lift as 
well as certification requirements for the pilots operating these types 
of vehicles. The change is part of the agency's efforts to integrate 
new types of aircraft safely and efficiently into the NAS, while 
providing a simpler pathway for applicants to obtain the necessary FAA 
approvals. The agency is type certificating powered-lift under its 
special class aircraft process in Sec.  21.17(b), using performance-
based airworthiness standards contained in part 23 for normal category 
airplanes. The special class process is designed to address the many 
novel features of unique aircraft such as these emerging powered-lift 
designs. The FAA's first powered-lift rulemaking effort for a specific 
manufacturer was published on November 8, 2022, and made available for 
public comment in the Federal Register,\447\ with a final document 
published on March 8, 2024.
---------------------------------------------------------------------------

    \447\ Airworthiness Criteria: Special Class Airworthiness 
Criteria for the Joby Aero, Inc. Model JAS4-1 Powered-Lift, 89 89 FR 
17230 (Mar. 8, 2024).
---------------------------------------------------------------------------

    Using performance-based criteria enables the FAA to more 
effectively manage new concepts in new technology and innovation, 
including powered-lift. In addition, in this final rule, the FAA will 
implement certain performance-based regulations in parts 91 and 135 
that will allow more operational flexibility for powered-lift.
    Supernal expressed concern about AAM access to the National 
Airspace System (NAS). According to the commenter, the NPRM's principle 
that AAM operations cannot disrupt existing operations would 
significantly limit AAM access to the NAS, thereby creating a barrier 
to AAM operations. Supernal urged the agency not to wait to initiate 
ATC support for AAM in the NAS given the lead times associated with 
developing and implementing NAS-wide ATC capabilities. Currently, the 
FAA's Air Traffic Organization and Aviation Safety Organization are 
working together to modify JO 7110.65, which details air traffic 
separation standards. While the FAA may determine that future changes 
to JO 7110.65 are needed to efficiently and safely integrate AAM into 
the NAS, ATC will continue to use its existing standards for 
integration of new aircraft into air traffic operations.
    An individual said that because eVTOLs are unprecedented in their 
level of connectivity within the aircraft in terms of linkages to 
controls and an electric powerplant, as well as the external 
environment, eVTOL pilots should be certified for proficiency in 
cybersecurity. The commenter said areas for training should include 
preventing and detecting potential cyber incidents and cyber incident 
response management for all phases of flight. Another commenter stated 
that the FAA should consider cybersecurity issues, wireless 
communications issues, and regulatory challenges such as certification 
for autonomous systems and remote safety pilots.
    The FAA agrees that new technology utilized by eVTOLs presents 
unique and novel challenges regarding linkages to controls and electric 
powerplants. However, the FAA disagrees with the commenter's assertion 
that pilot training should include the prevention, detection, and 
response management principles because cybersecurity is addressed in 
the aircraft design during type certification. The FAA further notes 
that cybersecurity prevention, detection, and mitigation is not 
typically a flight crew responsibility and is not an element of pilot 
training. Rather, cybersecurity is accomplished when the aircraft is 
designed and certificated, ensuring aircraft system(s) security, 
integrity, and availability of the data networks are not compromised.
    Several commenters suggested that alignment with ICAO standards and 
collaboration with the international community would enhance the FAA's 
global leadership role in powered-lift and AAM more broadly. The FAA is 
actively engaged with international certification authorities to define 
and align the certification requirements for AAM. FAA bilateral 
agreements cover innovative projects such as eVTOL aircraft, and the 
FAA is working with other foreign regulators to validate their eVTOL 
aircraft under development and to develop a path for U.S. eVTOL 
aircraft to be validated by them. The level of new and innovative 
technology in an eVTOL aircraft is high, so early partnerships and 
cross-authority communication to harmonize the FAA's approach for these 
technology areas are critical to the FAA's success.
    International engagement, collaboration, and harmonization are 
integral parts of the FAA's mission given the global nature of this 
industry when it comes to aviation safety. The FAA remains committed to 
improving the sharing of knowledge and information to advance global 
aviation safety and to advance technological advancements. 
Additionally, the FAA co-leads the Asia-Pacific Bilateral Partners 
(APAC) AAM Working Group (WG). The APAC AAM WG endeavors to improve 
understanding and collaboration on the certification of

[[Page 92457]]

AAM. This includes promoting the use of a risk-based approach to ensure 
that the level of certification rigor reflects the level of safety risk 
presented by the design and operation of the product.

X. SFAR Framework and Duration

    In the NPRM, the FAA proposed to enable powered-lift operations on 
a temporary basis \448\ through the adoption of an SFAR to supplement 
existing rules, create temporary alternatives for airman certification, 
remove operational barriers, and mitigate safety risks for powered-
lift. The FAA proposed a duration of 10 years to facilitate industry's 
entrance into operations and provide the FAA an opportunity to assess 
operations and gather data to inform a future permanent comprehensive 
regulatory scheme.
---------------------------------------------------------------------------

    \448\ To enable a more comprehensive SFAR, the NPRM also 
proposed several limited permanent changes.
---------------------------------------------------------------------------

    Commenters generally supported the temporary adaptability of the 
SFAR. CAE and NBAA recommended the FAA either apply a shorter duration 
to the SFAR effective period or commit to revisiting on a more frequent 
basis of 2 or 3 years.
    Supernal similarly stated that, while the industry lacks sufficient 
safety data today, data will become available in the next few years. 
Supernal requested that the FAA revise the proposed regulation by 
creating a mechanism to allow for periodic reviews every 2 years, 
allowing industry to provide new safety data to support alternative 
means of compliance. Supernal argued that waiting 10 years before 
proposing updated rules for powered-lift would limit the ability of the 
AAM industry to mature and would compromise the FAA's ability to 
maintain global leadership in this critical new sector of aviation. 
GAMA also suggested that the FAA revisit the proposed SFAR and take 
inventory of operational data at regular intervals, such as 2 years, in 
order to make the necessary refinements based on lessons learned during 
initial operations.
    Lilium and BETA recommended applying a performance-based approach 
in the SFAR. Lilium contended that a ``one-size-fits-all'' approach to 
powered-lift inadvertently stimies innovation. It recommended allowing 
discretion to approve alternate requirements by adding language like 
``unless authorized by the Administrator.'' BETA said the SFAR should 
include provisions supporting performance-based requirements and 
provide a path for manufacturers and operators to share aircraft or 
training device performance data with the FAA.
    One commenter requested additional information pertaining to 
training and testing under requirements for powered-lift pilots, flight 
instructors, and examiners. Specifically, the commenter asked how the 
SFAR training and testing requirements would be different from existing 
airplane and helicopter pilots, flight instructors, and examiners. For 
example, the commenter seeks clarification on whether courses, modules, 
or hours of ground and flight training would be required, or whether 
certain written, oral, or practical tests would be required. The 
commenter suggested the FAA outline the specific content and format of 
training.
    One pilot expressed concern about whether the proposed SFAR was 
premature, in terms of its ability to adequately anticipate future 
powered-lift designs, which the pilot said could risk developing overly 
restrictive rules.
    As explained in the NPRM, the FAA considered several different 
factors when selecting 10 years as the appropriate duration for the 
SFAR. The FAA considered the time it will take to initiate operations 
after the adoption of a final rule, the number of powered-lift that 
will be type certificated and commercially viable when the final rule 
is effective, and the appropriate length of time to collect operational 
data and documentation to support permanent amendments to the FAA's 
regulations. To balance the time necessary to inform a permanent 
rulemaking, facilitate powered-lift operations, and ensure the SFAR 
maintains its temporary nature, the FAA is adopting the 10-year 
effectivity duration, as proposed. In response to the commenters who 
recommended a shorter duration for the SFAR, the FAA notes that the 10-
year duration does not prevent the FAA from making interim changes to 
the SFAR in the interest of safety. Similarly, the 10-year duration 
does not preclude the FAA from amending the SFAR during the 10-year 
period by removing a regulatory burden on the powered-lift industry, 
provided the operational data collected demonstrates that safety is 
unaffected.\449\ As stated in Sec.  194.107, the FAA may amend or 
rescind provisions of the SFAR as necessary.
---------------------------------------------------------------------------

    \449\ Similarly, the FAA may find it necessary to revise the 
SFAR to include additional requirements to mitigate an unanticipated 
safety risk.
---------------------------------------------------------------------------

    In response to the commenters who recommended the FAA revisit the 
SFAR every 2 to 3 years, the FAA recognizes the benefits of routinely 
evaluating the temporary regulatory framework in light of the 
operational data the FAA will receive from industry. The FAA agrees 
that periodic reviews will be beneficial and necessary to ensure the 
regulatory framework adapts as powered-lift operations progress. 
However, the FAA does not require rule language to enable its periodic 
review of the SFAR. Maintaining flexibility in its ability to review 
the SFAR is beneficial and necessary for the following reasons.
    First, with such a nascent industry, it is unpredictable when 
formal reviews and subsequent revisions to the SFAR will be necessary, 
and codifying a review timeline diminishes the flexibility the FAA 
needs to ensure the regulations are appropriately adapting to changes 
in the powered-lift industry. The FAA may evaluate its regulations at 
any time it deems necessary or if an individual petitions for 
rulemaking or an exemption under 14 CFR part 11. FAA regulations at 14 
CFR part 11.61 provide a mechanism for an individual or entity to 
petition for rulemaking or an exemption, thereby requiring the FAA to 
conduct a review of that request. Not codifying a review timeline 
allows the FAA to initiate its own internal review when it deems 
appropriate, and part 11 allows the public to request a rulemaking or 
exemption, requiring the FAA to further assess whether it should amend 
its regulations.
    Second, FAA believes that the approach required by section 955 of 
the FAA Reauthorization Act of 2024, will enable FAA to obtain 
necessary real world operational data to inform future rulemaking, on a 
reasonable timeline. Section 955 mandates that the FAA establish an 
aviation rulemaking committee (ARC) no later than three years after the 
FAA issues the first powered-lift commercial operating certificate to 
provide the Administrator with specific findings and recommendations 
for, at a minimum, the creation of a standard pathway for the 
performance-based certification of powered-lift; the certification of 
airmen capable of serving as pilot-in-command of a powered-lift; and 
operation of powered-lift in commercial service and air transportation. 
In addition, section 955(d) requires the FAA to initiate a rulemaking 
no later than 270 days after the ARC submits its report to implement 
the findings and recommendations of the ARC, as determined appropriate 
by the Administrator.\450\ Not only does this language impose a 
timeline for establishing the ARC and subsequent rulemaking, it 
acknowledges that an ARC will first need real-world operational data 
from commercial powered-lift operations before it can

[[Page 92458]]

provide informed recommendations for a permanent rulemaking. The FAA 
finds it impractical to impose rigid, codified timelines mandating 
periodic regulatory review when it is unclear when operational data and 
information will be available.
---------------------------------------------------------------------------

    \450\ See Public Law 118-63, Sec.  955(c) and (d).
---------------------------------------------------------------------------

    Consequently, it is unnecessary to revise the proposed rule 
language, as Supernal requested, to create a mechanism to require the 
FAA to conduct periodic reviews every 2 years. As discussed above, the 
FAA intends to routinely revisit the SFAR as it gathers data from the 
powered-lift industry--and if it receives part 11 petitions--to 
evaluate whether adjustments to the SFAR are necessary. It is also 
committed to establishing an ARC in accordance with section 955(c) to 
determine what the permanent comprehensive regulatory framework should 
look like for powered-lift and to initiating a rulemaking in accordance 
with section 955(d).
    In response to Supernal's assertion that waiting 10 years before 
proposing updated regulations for powered-lift would stifle the AAM 
industry and compromise the FAA's ability to maintain global leadership 
in this new sector of aviation, the FAA clarifies that the 10-year 
duration for the effectivity of the SFAR does not mean that the FAA 
will not propose any updated regulations in the interim. As previously 
stated, the FAA may amend or rescind provisions of the SFAR as 
necessary. Thus, the FAA is not precluded from proposing updating 
regulations prior to the expiration of the SFAR. Additionally, the FAA 
intends to have permanent regulations in effect by the end of the 10-
year SFAR duration, not simply begin the rulemaking process in 10 years 
(i.e., publication of an NPRM).
    However, the FAA maintains its position that it needs time to 
gather data from powered-lift in civilian operations to better inform 
permanent regulations for powered-lift. The FAA anticipates gathering 
data and information through (1) information collections; (2) 
regulatory requirements; (3) regular, formal, and informal interactions 
with the public, including conferences, data-sharing systems, and 
outreach initiatives; (4) the ARC to be established in accordance with 
section 955(c) of the FAA Reauthorization Act; and (5) informal 
anecdotal information and observations. The delay in proposing 
permanent regulations for powered-lift will not stifle AAM innovation 
or compromise the FAA's ability to maintain global leadership in this 
sector of aviation. Rather, the FAA is taking a regulatory approach 
that will enable the safe integration of powered-lift in the NAS and 
allow industry to evolve and innovate under a temporary regulatory 
framework. The temporary nature of the SFAR will provide FAA an 
opportunity to gain experience with powered-lift and learn what the 
permanent regulatory framework should look like for these operations 
through assessment of powered-lift operations, training, and 
certification to determine the most appropriate permanent regulations 
for this new category of aircraft.\451\
---------------------------------------------------------------------------

    \451\ The FAA further notes that other pathways remain available 
to industry to explore innovation. Powered-lift manufacturers and 
operators may petition for exemption if they develop new and novel 
approaches to address powered-lift issues. Any member of the public 
may also petition for rulemaking to request the FAA consider 
specific revisions or new regulations, as necessary.
---------------------------------------------------------------------------

    With regard to the potential prematurity of the SFAR, the FAA notes 
that the leading powered-lift manufacturers expect to receive initial 
type certification for their powered-lift in 2025. Thus, rulemaking is 
necessary to ensure the essential regulations are in place for the 
operation of these powered-lift. Further, when the FAA lacks sufficient 
experience regarding new operations, the use of an SFAR has been an 
effective way to gain such experience while enabling a degree of 
limited operations.\452\ If the FAA determines during the term of the 
SFAR that the SFAR imposes overly restrictive or conservative 
requirements on powered-lift, the FAA may amend requirements in the 
SFAR as necessary.
---------------------------------------------------------------------------

    \452\ For example, SFAR No. 29 allowed the FAA to obtain 
rotorcraft IFR operational data before issuing permanent rotorcraft 
IFR regulations. See FAA Study of Limited IFR Operations in 
Rotorcraft, 40 FR 2420 (Jan. 13, 1975) (SFAR No. 29); see also 
Limited IFR Operations of Rotorcraft, 41 FR 1060 (Jan. 6, 1976) 
(SFAR No. 29-1).
---------------------------------------------------------------------------

    A performance-based regulation is an ``outcome-based'' regulation 
that specifies the desired, measurable outcome to be achieved without 
prescribing the specific requirements to achieve that outcome. Thus, 
adding a provision that permits the FAA to authorize another means of 
complying with a prescriptive requirement does not make the underlying 
requirement ``performance-based.'' Because the FAA needs time to gain 
experience with powered-lift designs and operations, the FAA finds that 
it would be premature to develop a comprehensive performance-based 
regulatory scheme in the SFAR at this time. However, the FAA recognizes 
the importance of adopting requirements in the SFAR that allow for 
innovation and that enable the safe integration of powered-lift into 
the NAS. To that end, the FAA has evaluated its proposed requirements 
based on the comments received to determine where it can add 
flexibility, performance-based elements, and alternate pathways, and it 
has added some performance-based criteria where appropriate. In 
response to the comments about providing a path for manufacturers and 
operators to share data with the FAA, the FAA finds that rule language 
is not necessary to enable this communication with industry. The FAA 
welcomes data from powered-lift manufacturers and operators during the 
course of the SFAR. For example, as OEMs continue to work through the 
type certification process in partnership with the FAA and interact 
with their certificate management teams, the FAA will naturally obtain 
data and information from the regulated community. To the extent 
commenters suggested applying performance-based regulations to specific 
sections of the SFAR (e.g., airman certification), these comments are 
adjudicated in their respective section.
    In response to the comment regarding outlining the content and 
format of training during the SFAR, the FAA notes that part 194, as 
adopted by this final rule, provides the training and testing 
requirements in tandem with the standing requirements in parts 61, 135, 
141, and 142, as applicable. Specifically, an applicant for a 
certificate with powered-lift ratings will be required to comply with 
the basic training and testing requirements expected of, for instance, 
an applicant for a certificate with airplane ratings, with the 
exception of certain alternate requirements set forth by part 194. 
Course and module requirements were not specifically outlined in the 
SFAR, aside from the alternate experience requirements, because a 
training program would be required to comply with the part under which 
the training program is conducted (i.e., part 135, 141, or 142). 
Similarly, part 61 and part 194 will set forth the expected number of 
ground and flight training hours. Section V. of this preamble 
comprehensively describes the training and testing expectations for 
powered-lift airman certification.\453\
---------------------------------------------------------------------------

    \453\ The FAA further notes that other pathways remain available 
to industry to explore innovation. Powered-lift manufacturers and 
operators may petition for exemption if they develop new and novel 
approaches to address powered-lift issues. Any member of the public 
may also petition for rulemaking to request the FAA consider 
specific revisions or new regulations, as necessary.
---------------------------------------------------------------------------

XI. Autonomous Powered-Lift

    As noted in the proposed rule, the FAA anticipates a variety of 
civilian powered-lift will come to the market with ``varying degrees of

[[Page 92459]]

automation.'' \454\ Although the NPRM proposed requirements for pilot 
certification and operation of powered-lift, some commenters addressed 
autonomous powered-lift in response to the proposed SFAR.
---------------------------------------------------------------------------

    \454\ Integration of Powered-Lift: Pilot Certification and 
Operations; Miscellaneous Amendments Related to Rotorcraft and 
Airplanes NPRM, 88 FR 38947 (June 14, 2023).
---------------------------------------------------------------------------

    Sabrewing Aircraft Company (SACO) approved the NPRM's general 
approach to powered-lift certification as applicable to manned 
operations but proposed that remote pilots who operate powered-lift 
that use auto-flight control systems and no manual flight controls 
should be exempt from the proposed requirements of a powered-lift pilot 
certificate. The commenter argued that, because these aircraft have no 
manual flight controls, demonstrated manual pilot proficiency should 
not be required. SACO also stated these vehicles would be operated in 
auto-pilot mode for all phases of flight with remote pilots using 
``push buttons'' to change flight modes (takeoff, cruise, descent, 
etc.). The commenter proposed that these remote pilots should instead 
be required to, first, be familiar with IFR rules and procedures for 
rotorcraft operations during arrivals and departures and, second, 
possess at least a commercial certificate with any category rating and 
the corresponding instrument rating.
    One commenter suggested that waivers should be granted for 
autonomous cargo-only powered-lift flights conducted in remote offshore 
locations such as mining sites and offshore platforms. The commenter 
stated that operational risks are lower in these remote locations 
because there are few, if any, people or critical public infrastructure 
located in these areas, and the only conflicting air traffic is 
offshore helicopters at low altitudes. The commenter argued that 
relaxing regulatory requirements would--in addition to enhancing the 
efficiency of material transportation to remote locations--provide the 
FAA with early data to aid its decision-making processes and increase 
readiness for passenger flights on both crewed and uncrewed powered-
lift. Lastly, the commenter noted issues requiring consideration before 
deploying autonomous powered-lift flights to these remote locations, 
including the need for some form of certification of safety pilots who 
would need to monitor and potentially take control of the aircraft.
    While industry may manufacture an unmanned powered-lift, this 
rulemaking is not addressing aircraft certification, airman 
certification, or operational requirements of such an aircraft and, 
thus, addressing pilot certification in this context is outside the 
scope of this rulemaking. Any UAS falling outside the requirements of 
part 107 would require exemptions and/or other FAA authorization to 
operate.
    A pilot stated that the NPRM either misunderstands or ignores the 
latest automated technologies, from sensor-fusion to auto-flight, auto-
landing, and auto-recovery systems that will render some of the SFAR 
requirements obsolete. The commenter recommended more thoroughly 
considering these automated technologies. Similarly, AUVSI expressed 
concern that an overly conservative application of legacy requirements 
to regulate fully electric highly autonomous aircraft will not promote 
safety or serve the AAM industry. Further, an individual stated that 
greater levels of autonomous controls and detection sensors will be 
necessary at some point to address saturation. The commenter emphasized 
that onboard and decentralized ground sources will initially be needed 
to augment controls, but that fixed routes and pilot or centralized 
ground control will not be necessary long term. The individual also 
raised the issue of cyber resiliency. The FAA did not propose any new 
or prescriptive aircraft certification procedures in relation to new 
technology because certificating powered-lift through the special class 
process allows the FAA to address the novel features of unique and 
nonconventional aircraft without the need for additional processes such 
as special conditions or exemptions that would be required if the FAA 
used the airworthiness standards already in place.
    Other commenters expressed concern that the proposed rule did not 
adequately consider automation and emerging technologies. AUVSI noted 
this concern and encouraged the FAA to acknowledge the safety benefits 
that automated systems can provide for powered-lift operations and 
training. Similarly, L3Harris stated that Simplified Vehicle Operations 
concepts will facilitate the safe certification, training, and entry 
into service of these aircraft. SAE International contended the level 
of automation across the various VTOL-capable aircraft in process 
requires a more flexible, performance-based approach to certification. 
FlightSafety International, Inc. requested the FAA clarify certain 
statements in the NPRM regarding SVO, to recognize that many powered-
lift in design have SVO and to more accurately characterize new VTOL 
AAM aircraft coming to the civilian market.
    The FAA recognizes that autonomous powered-lift may be developed 
for the market in the future and that a subsequent rulemaking 
addressing autonomous aircraft and their operations could be necessary. 
Notwithstanding, the FAA's scope in this powered-lift SFAR only 
addresses piloted powered-lift. Because the comments are outside the 
scope of this rulemaking, the FAA did not amend the proposed regulatory 
text. Additionally, concerns regarding SVO requiring a more flexible, 
performance-based approach to pilot certification are adjudicated by 
virtue of the approach taken to ensure waiver of a certain task is 
possible in circumstances where a powered-lift is not capable of 
performing a certain task during the aircraft certification process as 
outlined in section V.H.1. of this preamble.
    Therefore, the FAA did not revise the proposed SFAR in response to 
these comments.

XII. Comments to Regulatory Impact Analysis

    The FAA invited interested persons to participate in this 
rulemaking by submitting written comments, data, or views on the 
regulatory impact analysis for the proposal. Specifically, the FAA 
requested information and data that could be used to quantify the 
incremental benefits and costs of the finalized rule. The FAA also 
requested information on the assumptions and uncertainties discussed in 
the regulatory impact analysis. Presented below is a summary of those 
comments.
    Many commenters stated that the costs of the proposal could be as 
much as four times greater than what was presented in the regulatory 
impact analysis. The FAA thanks the commenters for their input and 
acknowledges not all costs of the proposed SFAR were monetized due to a 
lack of information to develop informed estimates. The FAA stated in 
the proposal that individuals and entities choosing to operate powered-
lift would incur incremental costs to do so, but on a scale no greater 
than the costs imposed on individuals and entities choosing to operate 
airplanes and rotorcraft under existing regulations. The FAA concedes 
that the analysis of the proposal could have better emphasized that not 
all costs were monetized. For the analysis of the final rule, the FAA 
has incorporated information received during the notice and comment 
period and as a result has revised the monetization of the rule's 
costs.
    A commenter stated it engaged NERA Economic Consulting to assist 
with

[[Page 92460]]

estimating the total cost of the NPRM. The analysis concluded that the 
proposed rules would impose social costs of approximately $961.9 
million over the 10-year regulation period. The estimate included 
$695.8 million attributable to the cost of full flight simulators (FFS) 
and associated infrastructure based on industry data indicating that 
each manufacturer would require six FFSs. The same analysis also 
concluded that the proposed 45-minute fuel reserve requirement would 
cost approximately $127.8 million due to disruptions in optimized 
charging cycles, leading to reduced battery life and more frequent 
battery replacement. The same commenter also provided information 
estimating the cost for manufacturers to provide dual-control aircraft 
for the purpose of training ($93.75 million over 10 years) and 
information for the number of individuals that would be required to 
operate the fleet of aircraft anticipated to enter the fleet over the 
10-year period of the SFAR.
    The FAA values the many comments submitted on the costs of the 
regulatory impact analysis for the proposed rule, and especially those 
comments containing information or data that can be used to monetize 
costs. Based on information received from one of the commenters the FAA 
has revised the regulatory impact analysis for the finalized rule to 
reflect the monetization of costs associated with the minimum fuel 
reserve requirement and the provision of dual-control aircraft for 
training. In addition, the forecast for pilots required to operate the 
powered-lift anticipated to enter the fleet has been revised 
upward.\455\ The same commenter also provided an estimate of costs for 
full flight simulators and the associated infrastructure to house them. 
The FAA notes the final rule provides three pathways for relief from 
costs for the provision of dual-control aircraft for the purpose of 
training. The costs for the alternative pathways are not included as 
this would create double-counting of costs for the SFAR and are not 
included in the costs of the final rule.
---------------------------------------------------------------------------

    \455\ The pilot forecast provided in the NPRM failed to account 
for operational redundancy due to leave (i.e., vacations, sick 
leave, training) and job turnover (i.e., retirements and pilots 
changing jobs). Accordingly, the FAA adjusted the forecast for the 
number of pilots that would be required to operate the powered-lift 
upward.
---------------------------------------------------------------------------

    The first pathway provides relief by allowing for flight training 
in an aircraft with a single-control accessible to two pilot stations. 
Without this relief, the dual controls requirement of Sec.  91.109 is 
aircraft generic and would require dual controls in powered-lift when 
used for flight instruction. Furthermore, a manufacturer needs to 
determine what markets or operations they want their aircraft to be 
used for (i.e., flight training for part 135 passenger carrying 
operations) and design their aircraft to meet the operational rule 
requirements for that operation or market. A single control accessible 
to two pilot stations would likely be less costly to design and build 
than a dual control configuration and therefore be a cost savings to an 
OEM. Furthermore, this provision relieves the manufacturer from the 
cost of developing and building an FFS to conduct flight training.
    The second pathway for relief is the allowance for 100 percent use 
of FFSs for the provision of training. The use of FFS for training can 
be advantageous compared to flight training in aircraft. For example, 
FFSs can be used for executing flight scenarios that typically do not 
occur in aircraft or for practicing emergency procedures that are 
likely too dangerous to accomplish in an aircraft.\456\ As well, access 
to FFSs can be available for as many as 24-hours per day.
---------------------------------------------------------------------------

    \456\ Several eVTOL manufacturers have contracted with part 142 
certificate holders for the provision of pilot training. CAE reports 
it is working with Joby, Vertical Aerospace and BETA Technologies, 
while Flight Safety International is working with Lilium. Sources: 
www.ainonline.com/aviation-news/business-aviation/2023-03-01/training-providers-gear-aam-market; lilium.com/newsroom-detail/lilium-flight-safety-international-partnership.
---------------------------------------------------------------------------

    The third pathway for relief from the requirement that training be 
conducted in a dual-control aircraft is deviation authority. This 
pathway permits, based on future advancements in technology, the FAA to 
issue deviation authority to facilitate flight training in powered-lift 
with a single functioning flight control.
    One commenter stated that applying a discount factor to future year 
training costs was unnecessary because the costs are already based on 
present-day costs.
    The FAA notes that Federal agencies, including the FAA, follow 
guidance on the development of regulatory analysis provided by the 
Office of Management and Budget in Circular A-4.\457\ Circular A-4 
requires estimated costs and benefits of rules to be presented in 
constant, undiscounted dollars, and using a present value discount 
rate.\458\ Discounting provides an accurate assessment of benefits and 
costs that occur at different points in time or over different time 
horizons.
---------------------------------------------------------------------------

    \457\ OMB Circular A-4 (whitehouse.gov). The link provided is to 
the current version of Circular A-4. The current version was 
released after the proposed SFAR was published. The analysis for the 
finalized powered-lift SFAR uses applies the present value discount 
rates used in the proposed SFAR in order more easily assess the 
change in costs between the proposed and finalized SFAR.
    \458\ Circular A-4 has been revised since publication of the 
proposed SFAR.
---------------------------------------------------------------------------

    Some commenters stated the FAA did not accurately reflect the cost 
of flight time. One commenter stated the cost of the powered-lift 
category add-on for each pilot involved in the FSB should be included 
because this cost would be to meet a requirement in excess of the ICAO 
SARPs for pilot certification.
    In response, the FAA notes that while an FSB is typically 
established for large jet and propeller aircraft, the requirement for 
an FSB is not exclusive to these kinds of aircraft. Accordingly, the 
costs for the FAA to establish an FSB are not included in the 
regulatory impact analysis for this final rule because the requirement 
existed prior to this rule. Additionally, the FAA has taken into 
consideration the guidance outlined in ICAO Document 10103, 
specifically Annex 1, Chapter 2, Section 2.1--Personnel Licensing. The 
FAA will ensure a sufficient level of safety while considering these 
recommendations; however, the FAA will not implement these measures at 
this time. The FAA will undertake measures to align with ICAO 
standards, as practicable, at such time when ICAO's recommendations 
become standards.
    One commenter stated that accounting for 10 days of training to 
obtain a category add-on and type rating was not sufficient and that it 
would take several months.
    The FAA appreciates the comment and understands why there may be 
confusion between what is already required by regulations versus new 
requirements because of this final rule. Prior to the final rule, 
regulations existed that prescribed the requirements for an individual 
to achieve a commercial pilot certificate with a powered-lift category 
rating. Since only the incremental costs of proposed rules are 
evaluated, only the cost of achieving the type rating is evaluated. 
Furthermore, the FAA further asserts that the SFAR provides relief to 
individuals seeking a powered-lift type rating by providing alternative 
pathways to certification. These alternative pathways allow for an 
airman that holds a commercial pilot certificate with either an 
airplane or rotorcraft rating to be eligible for a powered-lift type 
rating.
    Commenters stated that the regulatory impact analysis did not 
properly account for the resources and timeline implications associated 
with its implementation, as well as the impact of potential entry into 
service delays due to an unprecedented use of aircraft for pilot 
certification. One commenter contended that if the FAA proceeds with 
the notice and comment

[[Page 92461]]

rulemaking for each device's Qualification Performance Standards, the 
RIA should be updated to reflect associated costs including opportunity 
costs of delayed entry-into-service.
    The FAA notes that, as discussed in section IV.C. of this preamble, 
this final rule will establish a streamlined process in accordance with 
new Sec.  194.105(b) allowing an applicant of a powered-lift FSTD to 
forego the notice and comment period required for the proposed QPS if 
the FAA finds it is not in the public interest, or a prior opportunity 
to comment on a substantially identical proposed QPS has been provided. 
The FAA finds these regulatory exceptions will address commenters' 
concerns about resources and timeliness in proposed QPS publication. 
Additionally, the FAA anticipates working collaboratively with the FSTD 
sponsor and/or manufacturer to develop the proposed QPS to preemptively 
address any comments or concerns the public may raise during the open 
comment period. Should a notice and comment process be required, the 
FAA intends to mirror the period of time necessary for notice, comment, 
and comment adjudication with that timing typically provided for in the 
certification of special classes of aircraft process.

XIII. FAA Readiness

    Several commenters emphasized the importance of the FAA's 
preparation in the implementation of this final rule. NATA stated that 
the FAA should ensure proper allocation of financial and human 
resources while maintaining adaptability without unnecessary delays. 
NATA recommended using a rulemaking committee that includes industry 
representatives, which it said could convene quickly and ensure 
powered-lift regulations achieve their objectives. Eve and GAMA 
expressed concerns about the FAA's resource limitations and the 
agency's ability to support the SFAR's framework in a timely manner, 
specifically concerning pilot certification and training. Eve 
recommended the FAA assess how proper resources and personnel will be 
assigned to successfully implement the SFAR framework.
    Similarly, Supernal stated that the FAA must demonstrate that it 
has sufficient resources to oversee the airman qualifications and 
operations requirements. Supernal further stated that the effectiveness 
of the powered-lift rules would be greatly diminished if the FAA does 
not have the resources to support the airman qualifications and 
operations requirements for powered-lift operations. Supernal expressed 
particular concern over the available pool of FAA pilots to support the 
number of AAM entities that will be completing the FSB approval process 
in the coming years.
    A rulemaking committee is typically formulated prior to the 
commencement of rulemaking to ensure industry representatives can 
provide recommendations to the agency. Upon initial publication of an 
SFAR, the FAA does not view standing up a rulemaking committee as a 
beneficial use of resources because the main task of a rulemaking 
committee--recommendations for a rule--will be complete. Instead, as 
commenters asserted, the FAA must prioritize providing proper, timely 
training and qualifications of its workforce, which inherently includes 
dialogue and information sharing between industry and the FAA necessary 
to standup a qualified workforce. However, as the SFAR matures, the FAA 
does not foreclose the possibility of the formation of a rulemaking 
committee to gather information and properly inform the follow-on 
permanent rulemaking. Specific to powered-lift, this process will 
ensure the FAA can utilize the real-world experiences from operators of 
powered-lift. The information gathered via operator experience and 
industry input will further inform the FAA's subsequent rulemaking to 
codify powered-lift permanently in the rules.
    The FAA agrees that the proper allocation of resources to this 
issue is critical to the success of this SFAR and the powered-lift 
industry and that rule effectivity is largely dependent on the Agency's 
ability to support implementation. AAM and powered-lift operations are 
part of the Administrator's foremost priorities; accordingly, the FAA 
is allocating resources to ensure that industry has the tools and 
regulatory structure necessary to successfully initiate powered-lift 
certification and operations. Additionally, as it pertains to FAA 
pilots, this final rule adds FAA test pilots and ASIs into the 
population of pilots that may utilize the alternate experience 
requirements as set forth by part 194 to further develop a pool of 
fully certificated and rated powered-lift pilots.

XIV. Definitions

    In Sec.  1.1, the FAA defines powered-lift as a heavier-than-air 
aircraft capable of vertical takeoff, vertical landing, and low speed 
flight that depends principally on engine-driven lift devices or engine 
thrust for lift during these flight regimes and on nonrotating 
airfoil(s) for lift during horizontal flight.\459\
---------------------------------------------------------------------------

    \459\ www.ecfr.gov/current/title-14/part-1/section-1.1#p-1.1(Powered-lift).
---------------------------------------------------------------------------

A. Definition of Powered-Lift

    One commenter stated the existing powered-lift definition does not 
specify whether the engine-driven lift devices or engine thrust must be 
variable or fixed. The commenter said this distinction could impact 
classification of some types of aircraft, citing the example of a 
tiltrotor aircraft that can vary its engine thrust between vertical and 
horizontal flight modes. The individual suggested that the FAA clarify 
this point in its final rule and provide examples of types of aircraft 
that qualify (or do not qualify) as powered-lift.
    Tiltrotors, as defined in Sec.  36.1, are a subset of powered-lift. 
Aircraft that utilize fixed vertical rotors that provide the lift 
during hover and low speed flight combined with a wing and horizontally 
mounted propellers for cruise flight would also meet the definition of 
powered-lift. Additionally, aircraft with variable or vectored thrust, 
similar to the military AV-8 Harrier, would meet the definition of 
powered-lift. The FAA has no plans to change the part 1 powered-lift 
definition. See discussion on Sec.  21.17(b) in this preamble.
    One commenter stated that the phrase used to classify powered-lift 
\460\ was not fully vetted, resulting in other aircraft like the AV-8, 
F-35B, AW-609, and V-280 being ``roped into'' the powered-lift 
category. The commenter also stated that the fourth axis controllers 
were not sufficient to warrant a separate classification. The 
individual suggested that a better definition would incorporate the 
control strategy employed by a pilot to command a desired flight path 
in the powered-lift definition.
---------------------------------------------------------------------------

    \460\ See 14 CFR 1.1: ``A heavier-than-air aircraft capable of 
vertical takeoff, vertical landing, and low speed flight that 
depends principally on engine-driven lift devices or engine thrust 
for lift during these flight regimes and on nonrotating airfoil(s) 
for lift during horizontal flight.''
---------------------------------------------------------------------------

    First, it is unclear what the commenter means by 
``classification;'' although, the FAA interprets these comments to mean 
the FAA should reevaluate the powered-lift definition because of the 
noted characteristics of specific military or currently uncertificated 
aircraft. The commenter did not provide sufficient rationale for 
revising the definition. Furthermore, the FAA disagrees that the 
definition should include information pertaining to control strategies 
because aircraft

[[Page 92462]]

definitions are based on how the aircraft creates lift and moves 
through the air. Creating an aircraft definition that is based on how 
the pilot interacts with the aircraft would create a disconnect with 
the existing definitions and likely create overlap where aircraft could 
fall under multiple definitions. The definitions in part 1 are used for 
complying with regulations dealing with pilots' qualification, 
operations, certification, and many others. Defining the aircraft types 
based on the piloting control aspects may make more sense for the pilot 
qualification requirements, but defining the aircraft in this way would 
not make sense for other aspects of operations, air traffic, and 
aircraft certification. Finally, the FAA believes the current 
definition of powered-lift (as stated in Sec.  1.1) is specifically 
tailored to encompass the various types of aircraft envisioned as 
powered-lift, including some of the aircraft referenced by the above 
commenter, such as the AV-8, F-35B, and AW-609, should those aircraft 
enter the civilian market. In fact, the FAA references some of these 
aircraft as specific examples of powered-lift.\461\
---------------------------------------------------------------------------

    \461\ See sections V.A, V.B, and V.J.3.
---------------------------------------------------------------------------

    HAI stated that the definition of powered-lift does not consider 
current and future AAM aircraft like eVTOLs, which do not all depend 
upon ``nonrotating airfoil(s) for lift during horizontal flight'' and 
are therefore excluded. HAI said this is inconsistent with the NPRM's 
intent to cover ``aircraft configuration changes such as tilt-wing, 
tiltrotor, or tilt-propeller; thrust vectoring; direct-lift; or other 
means,'' \462\ when thrust vectoring and direct lift do not depend upon 
nonrotating airfoils for horizontal flight.
---------------------------------------------------------------------------

    \462\ 88 FR 38952, June 14, 2023.
---------------------------------------------------------------------------

    The powered-lift definition does not exclude future AAM technology 
as it is agnostic to how propulsion is utilized to create lift, and the 
device that is used to generate the lift during vertical and horizontal 
flight is not prescribed. The definition does not exclude electric 
propulsion, vectored thrust, or other ``non-conventional aircraft 
engines,'' therefore allowing flexibility. The only types of VTOL 
aircraft that it would exclude would be aircraft that never transition 
onto a wing (or non-rotating airfoil as the definition says). These 
aircraft types would qualify as rotorcraft and other novel VTOL 
aircraft, according to the existing Sec.  1.1 rotorcraft definition, 
which are not covered in the SFAR.
    One commenter in the process of developing a hybrid-electric multi-
engine part 23 airplane supported categorizing electric vertical take-
off and landing (eVTOL) aircraft as ``powered-lift'' because it is 
consistent with the definitions in Sec.  1.1 regarding powered-lift.
    The FAA agrees with the commenter and the definition of ``powered-
lift'' under Sec.  1.1. In recent years, rapid technological 
advancements in powered-lift have progressed across the industry, 
particularly with eVTOL aircraft. And powered-lift will be used to 
support the deployment of AAM operations, which the FAA anticipates 
will include eVTOL aircraft.

B. Definition of Flight Modes

    One commenter sought clarification regarding the criteria that will 
be used to evaluate the speed at which a powered-lift can transition 
between flight modes and the associated definitions. The commenter also 
requested clarification on how powered-lift with faster transition time 
between modes of flight would be accounted for in the rule.
    The transitional speed between vertical-lift and wing-borne flight 
modes has no bearing on which class, as defined in Sec.  1.1, will be 
assigned to a specific aircraft design during its certification 
process. The transition time between vertical-lift and wing-borne 
flight modes does not change the performance requirements established 
by the rules. An aircraft with greater performance capabilities is 
still required to meet the requirements stipulated in each applicable 
rule.
    EASA requested clarification on the definition of ``horizontal 
lift'' in the context of powered-lift operations. In the NPRM, the FAA 
incorrectly referred to ``horizontal lift'' when it was discussing part 
136 operations.\463\ Instead, the FAA intended to use the term 
``horizontal flight'' because it was referring to ``wing-borne flight 
mode,'' which the FAA defines as ``a mode of flight . . . [that] 
depends exclusively or partially on nonrotating airfoil(s) for lift 
during takeoff, landing, or horizontal flight'' (emphasis added).
---------------------------------------------------------------------------

    \463\ See 88 FR 38949 (June 14, 2023) (``[T]he FAA applies 
operational requirements specific to helicopter operations within 
part 136 to powered-lift operations because the FAA expects powered-
lift will hover . . . similarly to helicopters when conducting air 
tours, except when relying on horizontal lift.'').
---------------------------------------------------------------------------

    In the NPRM, the FAA explained the differences between wing-borne 
and vertical-lift flight modes.\464\ Specifically, the FAA explained 
that ``wing-borne flight mode'' refers to powered-lift that are 
operating like traditional airplanes and ``vertical-lift flight mode'' 
refers to powered-lift that are operating like traditional rotorcraft. 
Although the FAA did not receive specific comments on how it defines 
these two flight modes, it did receive comments seeking clarification 
on how certain flight characteristics, such as transitions, would be 
classified. In addition, as part of the final rule, the FAA is 
providing more flexibility than originally proposed by promulgating 
some performance-based regulations. Clearly defined flight modes will 
help ensure these performance-based standards are implemented safely 
and that operators have a clear understanding of when they are in 
vertical-lift flight mode and when they are in wing-borne flight mode.
---------------------------------------------------------------------------

    \464\ See Integration of Powered-Lift: Pilot Certification and 
Operations; Miscellaneous Amendments Related to Rotorcraft and 
Airplanes, NPRM, 88 FR 38946, 39026 (June 14, 2023).
---------------------------------------------------------------------------

    Consequently, in order to provide additional clarity on these 
flight modes, the FAA has determined that codifying the flight modes 
language into definitions under Sec.  194.103 is necessary. ``Vertical-
lift flight mode'' is defined as ``a mode of flight where a powered-
lift: (1) is in a configuration that allows vertical takeoff, vertical 
landing, and low-speed flight; and (2) depends principally on engine-
driven lift devices or engine thrust for lift.'' As explained in the 
NPRM, this flight mode resembles the characteristics of rotorcraft 
operations. In addition, ``wing-borne flight mode'' is defined as ``a 
mode of flight where a powered-lift is not operating in the vertical-
lift flight mode as defined and depends exclusively or partially on 
nonrotating airfoil(s) for lift during takeoff, landing, or horizontal 
flight.'' As explained in the NPRM, this flight mode largely resembles 
the characteristics of airplane operations.

C. Definition of Heliport

    In the NPRM, the FAA proposed to update the definition of Heliport 
by adding the term ``powered-lift'' to ensure that powered-lift could 
utilize a heliport for takeoff and landing operations. In the NPRM, the 
FAA requested comments on the viability of powered-lift using heliports 
for takeoff and landing operations. The FAA did not receive any 
comments on this proposed change to the definition or on the viability 
of powered-lift using heliports. However, the FAA would like to clarify 
that adding the term ``powered-lift'' to the definition of heliport 
does not imply that all powered-lift would be capable of using 
heliports. In order for a powered-lift to use a heliport, that powered-
lift must be capable of meeting or exceeding the performance 
requirements for helicopters with respect to their controllability and 
maneuverability. Additionally, the powered-lift cannot

[[Page 92463]]

exceed the size and weight limitations established for a particular 
heliport.
    Ferrovial Vertiports requested the powered-lift final rule align 
its terminology and attributes for eVTOL landing facilities with the 
FAA's Office of Airports. Ferrovial stated that while the FAA conducts 
and gathers research to develop its performance-based Vertiport 
Advisory Circular, the FAA can adjust the SFAR to reflect the agency's 
guidance documents on this subject. This will provide consistency 
across FAA documents and offer clarity to industry and government and 
community leaders as they seek direction in integrating vertiports into 
future projects.
    A vertiport is defined in the current FAA Vertiport Engineering 
Brief as an area of land, or a structure, used or intended to be used, 
for electric, hydrogen, and hybrid VTOL aircraft landings and takeoffs 
and includes associated buildings and facilities.\465\ In the future, 
the FAA may include this definition, or a definition consistent with 
it, in the SFAR or in the permanent powered-lift rule if it determines 
it is prudent to do so. Currently, there are varying powered-lift 
design concepts and performance characteristics, as well as diverse 
locations potentially needing vertiports. As a result, the FAA is 
conducting research in order to develop a performance-based standard 
for vertiports that will include performance classes for vertiport 
infrastructure with different design criteria. The performance classes 
will be based on the design characteristics and performance 
capabilities of differing VTOL aircraft groups. That standard is 
expected to be published in late 2025 in accordance with the results 
from the ongoing operational testing.
---------------------------------------------------------------------------

    \465\ FAA Engineering Brief No. 105, Vertiport Design at 11 
(Sept. 21, 2022).
---------------------------------------------------------------------------

D. Definition of Autorotation

    An individual commenter noted that the NPRM stated some powered-
lift could be capable of autorotation.\466\ The commenter asked if this 
was correct, given that autorotation is defined in Sec.  1.1 as a 
rotorcraft flight condition. In response to the commenter, the FAA has 
determined that adding ``powered-lift'' to the definition of 
``autorotation'' is appropriate to ensure that when a regulation 
mentions autorotation, powered-lift that are capable of that maneuver 
are included in the intent of the regulation. Therefore, the FAA has 
revised the definition of autorotation making it applicable to powered-
lift.
---------------------------------------------------------------------------

    \466\ 88 FR 39027 (June 14, 2023).
---------------------------------------------------------------------------

XV. Other Comments Related to Powered-Lift

A. Other Comments Related to Language or Definitions in the Powered-
Lift NPRM

    HAI commented that the FAA's approach to certifying powered-lift, 
as the FAA wrote in the NPRM, assumes ``complex and unique design, 
flight, and handling characteristics.'' However, HAI implied this 
assertion contradicts other comments because the NPRM also cited the 
benefits of powered-lift as being ``easier to design, simpler to 
construct, [and] less complicated to maneuver.'' Additionally, HAI 
cautioned that permanent changes to powered-lift made through the SFAR 
could make it difficult to remove or undo rules in the future.
    First, the FAA asserts the comments regarding design and operation 
are not mutually exclusive; rather, they offer commentary regarding the 
current state of the powered-lift industry and its potential. The 
special class aircraft certification process under Sec.  21.17(b) 
allows for the full range of design and construction complexity and 
ensures each aircraft will include all relevant 14 CFR Subchapter C 
(Aircraft) criteria, as well as other equivalent criteria if 
appropriate, when it is certificated. Second, the FAA has remained 
committed to re-evaluating the SFAR when appropriate. The FAA will 
routinely revisit the powered-lift SFAR regulatory framework within the 
ten-year period as it obtains operational data to ensure it remains as 
effective as possible.
    An anonymous commenter asked what type of rating they would need to 
fly a Volocopter.\467\ The commenter opined that a Volocopter does not 
seem to meet the powered-lift definition under part 1 and that a pilot 
would not require anything beyond a helicopter rating because the 
Volocopter likely qualifies as a helicopter. The Volocopter is 
currently being worked as a concurrent certification project with the 
FAA and EASA. While specific questions about the type certification of 
the Volocopter are beyond the scope of this rulemaking, the FAA notes 
that, at this time, the Volocopter does not meet the definition of a 
powered-lift and, therefore, a pilot would not be required to hold 
powered-lift ratings on their certificate. Rather, a multicopter is 
considered a rotorcraft \468\ and would require the applicable 
rotorcraft category and helicopter class ratings, with any additional 
training requirements determined during the FSB phase.
---------------------------------------------------------------------------

    \467\ A Volocopter is an electric multirotor helicopter 
manufactured by a company of the same name.
    \468\ A multicopter is a rotorcraft that can have more than one 
rotor providing lift. Although multicopters are helicopters by 
definition, multicopters differ from the conventional helicopter 
models originally considered during the 2004 rulemaking because the 
takeoff and landing are intended to be automated and not require 
extensive pilot training and skill.
---------------------------------------------------------------------------

B. Safety Systems or Procedures Not Addressed in the NPRM

    A commenter expressed concern that the proposal did not contain any 
information regarding an emergency in a total failure situation. The 
commenter urged implementation of a safety system for powered-lift 
vehicles that lack the ability to glide or auto-rotate in a total 
system failure scenario. The commenter attached a previously submitted 
request to update parachute type ratings in Sec.  65.121 and emphasized 
the importance of aircraft mounted parachute systems for eVTOL 
vehicles.
    The FAA acknowledges that some powered-lift may lack an ability to 
glide or autorotate; however, during the aircraft certification 
process, as discussed in section IV.A. of this preamble, each aircraft 
will be evaluated against the existing airworthiness criteria to 
determine which rules will be applicable to that particular aircraft. 
The FAA is not requiring powered-lift to have a specific safety design 
feature, like a ballistic parachute, but instead will require the 
capability of a controlled emergency landing or an equivalent means to 
address the risks associated with certain failures like loss of power 
or thrust. In addition, it must be shown that any failure or 
combination of failures not shown to be extremely improbable must not 
result in a catastrophic event.
    Airbus Helicopters stated that in Sec.  194.302(y)(2) the FAA 
proposed to apply requirements applicable to transport category 
airplanes to large powered-lift in the absence of a uniform transport 
category standard for powered-lift. The proposed rule includes the 
following text: ``The lifeline required by Sec.  91.509(b)(5) must be 
stored in accordance with Sec.  25.1411(g) of this chapter or such 
airworthiness criteria as the FAA may find provide an equivalent level 
of safety in accordance with Sec.  21.17(b) of this chapter.'' Airbus 
contends that an alternate path for compliance, similar to what is 
offered in Sec.  91.509(b)(5), should also be available whenever a 
requirement that was developed for airplanes or helicopters of the 
normal or transport category is referred to in this SFAR.

[[Page 92464]]

    Although Airbus did not specifically identify regulations in which 
equivalent airworthiness standards should be considered, the FAA agrees 
that, in many cases, equivalent airworthiness criteria may be required 
to address unique features on powered-lift. As indicated throughout the 
NPRM, the FAA identified areas where specific airworthiness 
requirements required by operating rules may be met by other 
airworthiness criteria that the FAA has determined provide for an 
equivalent level of safety in accordance with Sec.  21.17(b).
    One commenter inquired whether the FAA considers specific standards 
for the implementation of congested area data bases for the HTAWS 
requirements in the context of powered-lift integration. The obstacle 
and terrain databases include data for congested areas and will be the 
same for HTAWS. In addition, this subject is covered in TSO-C194 and 
Section 2 of RTCA DO-309, which are incorporated by reference in this 
SFAR. These two documents will apply to HTAWS the same way they apply 
to helicopters. The SFAR sections addressing HTAWS are finalized at 
Sec.  194.302(y) and (bbb) and Sec.  194.306(s) and (ooo).

C. Other Comments Related to Powered-Lift Design

    One commenter sought clarification on the expected proportional 
increase in surface area that some powered-lift or eVTOL aircraft may 
require to conduct a landing as compared to a helicopter when comparing 
similar passenger capacities.
    Given the current number of powered-lift/eVTOL aircraft 
configurations under consideration, there could be an increase in 
surface area of the landing facility required for certain powered-lift. 
The need for an increase in surface area of a given landing facility 
will be driven by the unique performance characteristics and design 
features of the controlling powered-lift that will utilize that 
facility. As mentioned in the ``heliports'' discussion in section 
XIV.C. of this preamble, in order for a powered-lift to use a heliport, 
that powered-lift must be capable of meeting or exceeding the 
performance requirements for helicopters with respect to their 
controllability and maneuverability. Additionally, the powered-lift 
cannot exceed the size and weight limitations established for a 
particular heliport.
    EASA said the SFAR's approach lacks a cohesive link that explains 
how the aircraft certification approach is accounted for in operational 
limitations and airspace integration.
    Part 1 includes definitions for different kinds of aircraft based 
on characteristics such as propulsion, flight, or landing. These 
aircraft definitions are then used for the purposes of determining the 
appropriate requirements for aircraft certification, pilot 
certification, and operational rule applicability.\469\ For instance, 
if an aircraft meets the definition of airplane, it must meet the 
airworthiness criteria set forth in parts 23 or 25 as applicable to 
airplanes. Powered-lift are type certificated as a special class 
aircraft, and the FAA will designate airworthiness requirements that 
match the safety levels of existing standards. Throughout the rules, 
the classification dictates how an aircraft is certificated, how a 
pilot is trained on operating that aircraft, how it is handled by air 
traffic control (ATC), how it is maintained, and how the FAA applies 
operating rules based on the aircraft in question.
---------------------------------------------------------------------------

    \469\ Airplane means an engine-driven fixed-wing aircraft 
heavier than air, that is supported in flight by the dynamic 
reaction of the air against its wings. See 14 CFR 1.1.
---------------------------------------------------------------------------

    Currently, powered-lift are able to proceed through type 
certification and conduct limited operations in the NAS--they already 
do this for flight testing and primarily under experimental 
designations. Notwithstanding, the SFAR creates a clear pathway for 
pilot certification and for a wider range of powered-lift operations, 
including commercial operations. Finally, the SFAR clarifies how 
certain airworthiness criteria required under the operating rules apply 
in the powered-lift context. Specifically, if an operating regulation 
requires a specific airworthiness criterion under part 23, 25, 27, or 
29, the FAA may determine that an alternate airworthiness criterion 
applies to a certain powered-lift in accordance with the process under 
Sec.  21.17(b).
    Joby recommended the FAA include final rule preamble discussion 
clarifying that the FAA will consider detailed review of the aircraft, 
capabilities, existing systems and equipment, and operational use cases 
when making a determination about ``unless otherwise authorized in the 
certificate holder's approved minimum equipment list.''
    Powered-Lift MMELs will be treated no differently than any other 
aircraft with regard to MMELs. The current process takes into account 
all of Joby's concerns. Proposed MMEL relief normally comes from 
manufacturers or operators. The entity that requests the relief is 
responsible for ``submitting an evaluation plan to the FOEB Chair for 
acceptance. The evaluation plan should consider all phases of flight 
operation and demonstrate that flight operations with the proposed item 
inoperative have an equivalent level of safety to flight with the item 
operative and considering the next most critical failure.'' \470\
---------------------------------------------------------------------------

    \470\ FAA Order 8900.1 Volume 8, Chapter 2, Section 3 Flight 
Operations Evaluation Board, D. The Formal FOEB Meeting (3) (a).
---------------------------------------------------------------------------

    Additionally, FAA Order 8900.1, Volume 8, Chapter 2, Section 3, 
Paragraph 8-67(C)(3) lists the justification information required to 
evaluate whether relief should be granted for an inoperative item. In 
addition to reviewing the justification items, the FOEB incorporates 
FAA MMEL policy letters and ensures the relief would not be contrary to 
Sec.  91.213(b), which provides instruments and equipment excepted from 
a Minimum Equipment List. The equipment excepted from this requirement 
may not be instruments and equipment required by the airworthiness 
requirements under which the aircraft was type certificated for safe 
operations, instruments, and equipment required to be operational by an 
airworthiness directive pertaining to that particular aircraft, or any 
other instruments and equipment required by part 91.
    EASA, when considering the use of High Voltage for many of the new 
entrants, requested information on whether the FAA considers particular 
operational and/or design provisions to cater for the risk posed by 
electric hazards during and after an emergency entry into water.
    From the certification standpoint, the FAA is in the process of 
developing guidance pertaining to airworthiness criteria for ditching 
or emergency flotation for eVTOL powered-lift. Through the established 
process for type certification in accordance with Sec.  21.17(b), 
applicants requesting a ditching or emergency flotation approval, the 
FAA would consider the risks associated with a water landing in an 
aircraft with a high voltage system when establishing the certification 
basis for that aircraft. The specific method on how a specific 
applicant complies with these requirements would then be documented in 
the means of compliance for each specific design approval.
    EASA also sought clarification on the expected buoyancy and 
demonstrated sea states that will apply to those powered-lift opting to 
install floats in order to mitigate for the inability to meet Sec.  
135.183 (a) or (c). Buoyancy and sea states are defined within aircraft 
certification (combination of regulation and guidance material) if a 
ditching

[[Page 92465]]

approval is sought. If a powered-lift requested this approval, then the 
FAA would apply the appropriate airworthiness criteria from the 
existing airworthiness standards to meet the equivalent level of safety 
as required under Sec.  21.17(b).

D. Congressional Comments

    A U.S. Congressman said they sponsored a bipartisan amendment, 
which was unanimously passed by the House Transportation and 
Infrastructure Committee and incorporated into the 2023 FAA 
Reauthorization that passed the House of Representatives in July 2023. 
The Congressman suggested that the FAA consider this amendment and 
consult with the Department of Defense (DoD) on pilot qualifications 
before finalizing the SFAR.
    A joint association letter also recommended consulting the 
Secretary of Defense regarding the U.S. Air Force Agility Prime Program 
and powered-lift deployed for military purposes such as the F-35B.
    The FAA appreciates Congressional interest in the integration of 
powered-lift in the NAS. As discussed in section II of this preamble, 
the FAA has addressed requirements of section 955 of the FAA 
Reauthorization Act of 2024 into this final rule, including the 
provisions regarding pilot certification and performance-based energy 
reserve requirements.
    As discussed in section V.D.2. of this preamble, during this 
rulemaking, the FAA carefully considered DoD's approach to pilot 
training and simulation. The FAA will continue to work with the DoD as 
powered-lift are integrated into the NAS and in future rulemaking 
activities. In addition to this rulemaking, the FAA has been engaged in 
a broader effort with the Department of Transportation as part of the 
AAM Interagency Working Group. The AAM IWG is a broad group of Federal 
departments and agencies, including DoD, whose mission is to foster 
leadership and interagency collaboration in the adoption and deployment 
of AAM. The FAA looks forward to continuing to learn from the 
Department of Defense about the use of, and research regarding, 
powered-lift.

XVI. Related Rulemakings

    To integrate powered-lift into the NAS, the FAA is engaging in a 
multistep process to update the regulations applicable to powered-lift. 
These rulemakings include: the Update to Air Carrier Definitions, 
Airman Certification Standards and Practical Test Standards for Airmen: 
Incorporation by Reference, and Modernization of Special Airworthiness 
Certification.
    First, in the final rule Update to Air Carrier Definitions,\471\ 
the FAA added powered-lift to the definitions of five kinds of air 
carrier operations: commuter, domestic, flag, on-demand, and 
supplemental to the part 110 regulatory definitions. Specifically, the 
definitions in part 110 apply to all operations under 14 CFR chapter I, 
subchapter G, which includes parts 135 and 136, as well as to the part 
119 air carrier and commercial operator certification requirements. 
Therefore, the rules and applicability sections in 14 CFR chapter 1, 
subchapter G, would include use of powered-lift in those kinds of 
operations. Amending these definitions along with other provisions of 
part 119 enables powered-lift to engage in operations consistent with 
the applicable statutory framework that applies to air carrier and 
commercial operations.
---------------------------------------------------------------------------

    \471\ Final rule, Update to Air Carrier Definitions, 88 FR 48072 
(July 28, 2023).
---------------------------------------------------------------------------

    Next, the Airman Certification Standards and Practical Test 
Standards for Airmen; Incorporation by Reference (ACS IBR) \472\ 
revised certain part 61 regulations to incorporate the pilot 
certification testing standards by reference into the requirements for 
powered-lift pilot and flight instructor certification. As it pertains 
to powered-lift, the ACS IBR rule incorporated six powered-lift ACSs 
into part 61: (1) ATP and Type Rating for Powered-Lift Category, (2) 
Commercial Pilot for Powered-Lift Category, (3) Private Pilot for 
Powered-Lift Category, (4) Instrument Rating--Powered-Lift, (5) Flight 
Instructor for Powered-Lift Category, and (6) Flight Instructor 
Instrument Powered-Lift. Most of the Powered-Lift ACSs were drafted 
based on input from industry and the ACS Working Group and align with 
the areas of operation promulgated by the regulations for the 
respective certificates and/or ratings.
---------------------------------------------------------------------------

    \472\ Final rule, Airman Certification Standards and Practical 
Test Standards for Airmen; Incorporation by Reference, 89 FR 22482 
(April 1, 2024).
---------------------------------------------------------------------------

    Finally, in the Modernization of Special Airworthiness 
Certification (MOSAIC) NPRM,\473\ the FAA proposed to amend rules for 
the manufacture, certification, operation, maintenance, and alteration 
of light-sport aircraft. Specifically, the current Sec.  1.1 definition 
of light-sport aircraft excludes helicopters and powered-lift from 
being considered as light-sport aircraft. The FAA proposed to allow the 
airworthiness certification of rotorcraft and powered-lift as light-
sport category aircraft under Sec.  21.190, provided these aircraft are 
certificated in accordance with the proposed performance-based 
requirements in part 22 using an FAA-accepted consensus standard as a 
means of compliance.
---------------------------------------------------------------------------

    \473\ Modernization of Special Airworthiness Certification NPRM, 
88 FR 47650 (July 24, 2023).
---------------------------------------------------------------------------

    SAE International, CAE, AOPA, and L3Harris Commercial Aviation 
cited the MOSAIC NPRM as a notable related rulemaking. These commenters 
suggested the FAA should align the powered-lift SFAR with the MOSAIC 
NPRM, which they said describes and accommodates the enhanced safety of 
simplified flight controls and the benefits of a performance-based 
approach to certification. The MOSAIC rulemaking is in the proposal 
phase, working toward final rule publication. Notwithstanding, the FAA 
is internally coordinating to ensure that the powered-lift SFAR and the 
MOSAIC rule do not conflict. Specific discussion pertaining to how this 
rule has coordinated with the MOSAIC rule can be found in section V.A. 
of this preamble, regarding type rating requirements, and section 
VI.B.1. of this preamble, regarding Sec.  91.113, the right-of-way 
rules.
    CAE and NBAA referenced the Updating Manual Requirements to 
Accommodate Technology final rule which modernized regulations that 
require manuals to reflect improvements in technology. They recommended 
that the FAA revise the regulatory text regarding access to manuals to 
align with this final rule.
    The Updating Manual Requirements to Accommodate Technology final 
rule creates flexibility in allowing electronic display of manuals 
without a rigid form and formatting. The FAA's position is that an 
operator may use Electronic Flight Bag (EFB) technology to meet the 
requirement for carrying the appropriate manuals while away from 
base.\474\ The powered-lift SFAR does not contravene the Manual 
Requirements final rule. In fact, an operator could apply for an 
authorization to use an EFB.\475\ Moreover, the powered-lift SFAR 
applies the current regulations to powered-lift operations. So, changes 
made within the regulations regarding manual requirements would also 
apply for powered-lift operators.
---------------------------------------------------------------------------

    \474\ See AC-120-76D Authorization for Use of Electronic Flight 
Bags.
    \475\ 88 FR 34437 (May 30, 2023).
---------------------------------------------------------------------------

XVII. Severability

    As discussed in section II. of this preamble, Congress authorized 
the FAA by statute to promote safe flight of civil aircraft in air 
commerce by prescribing,

[[Page 92466]]

among other things, regulations and minimum standards for practices, 
methods, and procedures the Administrator finds necessary for safety in 
air commerce.\476\ Consistent with that mandate, the FAA promulgates 
the regulations described herein to facilitate the certification of 
powered-lift pilots and operation of powered-lift. However, the FAA 
recognized that certain provisions of this final rule approach 
operations and airman certification in unique ways due to the novel 
challenges presented with the integration of a new category of aircraft 
into the NAS. Therefore, the FAA has determined that various provisions 
of this SFAR are capable of operating independently of one another, are 
severable, and are able to operate functionally if severed from each 
other. In the event a court were to invalidate one or more of this 
final rule's unique provisions, the remaining provisions should remain 
unaffected and in force to the extent those provisions maintain their 
intended effect without the severed provisions, thereby allowing the 
FAA to integrate the operation of powered-lift within its 
Congressionally authorized role of promoting safe flight of civil 
aircraft in air commerce.
---------------------------------------------------------------------------

    \476\ 49 U.S.C. Subtitle VII, Part A, Subpart i, Section 40113, 
Administrative, and Subpart iii, Section 44701, General 
Requirements; Section 44702, Issuance of Certificates; Section 
44703, Airman Certificates; Section 44704, Type Certificates, 
Production Certificates, Airworthiness Certificates, and Design and 
Production Organization Certificates; Section 44705, Air Carrier 
Operating Certificates; and Section 44707, Examination and Rating of 
Air Agencies.
---------------------------------------------------------------------------

XVIII. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866, Executive Order 13563, and Executive Order 14094 
(``Modernizing Regulatory Review''), direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate that may 
result in the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $183 million using the most 
current (2023) Implicit Price Deflator for the Gross Domestic Product. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this rule. The FAA has provided a detailed 
Regulatory Impact Analysis (RIA) in the docket for this rulemaking.
    In conducting these analyses, the FAA has determined that this 
rule: (1) will result in benefits that justify costs; (2) is a 
``significant regulatory action'' as defined in section 3(f)(1) of 
Executive Order 12866 (as amended by Executive Order 14094); (3) will 
not create unnecessary obstacles to the foreign commerce of the United 
States; and (4) will not impose an unfunded mandate on State, local, or 
Tribal governments, or on the private sector.
    In accordance with OMB Circular A-4 (at www.whitehouse.gov/omb/circulars/), an accounting statement showing the classification of 
impacts associated with the rule is provided below.

                                                         Table 10--OMB A-4 Accounting Statement
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OMB A-4 Accounting Statement
                                               ------------------------------------------------------------------------
                   Category                                                                                     Time                  Notes
                                                  Primary        Low          High      Dollar    Discount    horizon
                                                  estimate     estimate     estimate     year     rate  (%)   (years)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Benefits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized monetized benefits.................         Not          Not          Not       N/A         N/A        N/A
                                                 Estimated    Estimated    Estimated
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized quantified, but non-monetized,              N/A          N/A          N/A       N/A         N/A        N/A
 benefits.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unquantified benefits.........................  Mitigates Risk and Narrows Safety Gap--The SFAR establishes a           The powered-lift industry is
                                                regulatory structure that leverages airplane, helicopter, and            nascent, and the timeframe in
                                                rotorcraft rules to narrow a safety gap that would otherwise exist       which commercial operations
                                                absent the rule.                                                         will become viable is unknown.
                                                                                                                         A certain degree of operational
                                                                                                                         growth is dependent on industry
                                                                                                                         readiness once the regulatory
                                                                                                                         framework is in place.
                                               ------------------------------------------------------------------------
                                                Data Collection--For the duration of the SFAR, the FAA will gather
                                                data and information to evaluate the temporary requirements to
                                                determine the most appropriate permanent rulemaking path for powered-
                                                lift. The FAA anticipates gathering data and information through: (1)
                                                formal information collections; (2) regulatory requirements; (3)
                                                regular, formal and informal interactions with the public, including
                                                conferences, data-sharing systems, and outreach initiatives; and (4)
                                                informal anecdotal information and observations.
                                               ------------------------------------------------------------------------
                                                Alternate Pathway to Pilot Certification--The SFAR introduces an
                                                alternate pathway for pilots to obtain powered-lift ratings on the
                                                commercial pilot certificates.
                                               ------------------------------------------------------------------------

[[Page 92467]]

 
                                                Relief from the provision of dual-control a/c for training--The SFAR
                                                provides for three alternatives to accomplish training for aircraft
                                                that are not equipped with dual-controls, which are: (1) accomplishing
                                                training in a powered-lift equipped with a single functioning flight
                                                control accessible by both the student and instructor; (2)
                                                accomplishing 100% of training in a full flight simulator that is
                                                combined with in-aircraft solo aeronautical experience; and (3) FAA
                                                can issue deviation authority to facilitate flight training in powered-
                                                lift with a single functioning flight control based on future
                                                advancements in technology.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized monetized costs: 2% PV.............      $101.8        $96.4       $107.6      2022           2         10   Costs are incurred as powered-
Annualized monetized costs: 3% PV.............  ...........  ...........  ...........  ........  ..........  .........   lift enter the fleet. For the
Annualized monetized costs: 7% PV.............       103.7         97.4        110.3      2022           3         10    high estimate, it is determined
                                                ...........  ...........  ...........  ........  ..........  .........   powered-lift deliveries start
                                                     110.9        101.1       121.70      2022           7         10    during the year of the SFAR's
                                                                                                                         publication. For the primary
                                                                                                                         estimate and the low estimate,
                                                                                                                         it is determined powered-lift
                                                                                                                         enter the fleet in year 2 and
                                                                                                                         3, respectively.
Annualized quantified, but non-monetized,              N/A          N/A          N/A       N/A         N/A        N/A   ................................
 costs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unquantified costs............................  Equipage Requirements--The SFAR imposes equipage requirements which     The costs imposed by the
                                                would add costs for entities manufacturing and/or operating powered-     finalized rule provide for the
                                                lift. These costs could include, but are not necessarily limited to,     integration of powered-lift
                                                the purchase and installation of equipment, the decrease of aircraft     into the NAS expeditiously
                                                performance due to added weight of required equipment, and the cost to   without compromising safety.
                                                perform required maintenance and repairs of equipment. The equipage      Generally, the rule mirrors
                                                requirements being imposed generally affect powered-lift with 6 or       requirements that are
                                                more seats for which 2 pilots are required, or for powered-lift with     applicable to operators of
                                                10 or more seats. At present, there is only one powered-lift             airplanes and rotorcraft.
                                                undergoing type certification that meets these requirements.
                                                Advanced Qualification Program--The FAA determined that the same
                                                safety standard imposed in Sec.   135.3(b) for commuter operations
                                                involving airplanes for which two pilots are required by type
                                                certification should apply to powered-lift requiring two pilots by
                                                type certification. The safety standard requires these kinds of
                                                operations to comply with subparts N and O of part 121, which are
                                                multiengine specific. At this time, the FAA is not revising part 121
                                                to accommodate powered-lift as part 121 operations are not anticipated
                                                during the period of the SFAR. Thus, for these operations, the FAA
                                                will require certificate holders to comply with subpart Y of part 121.
                                                At present, there is only one powered-lift undergoing type
                                                certification that meets these requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Transfers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized transfers..........................                              Not Applicable.
From whom to whom?
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Miscellaneous
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on State, local, or Tribal Govt.......                                   None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on small businesses...................  Generally, entities affected by the rule are small, and the FAA does
                                                not anticipate that they will be negatively impacted by this rule. The
                                                introduction of powered-lift operations into the NAS is an emerging
                                                market, and the number of entities that will be impacted by this rule
                                                is uncertain.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on wages..............................                                   None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects on growth.............................  The rule puts a regulatory framework in place for the safe integration
                                                of powered-lift in the National Airspace System. A certain degree of
                                                operational growth is dependent on industry readiness.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 92468]]

A. Summary of the Regulatory Impact Analysis

1. Data and Assumptions
    This Special Federal Aviation Regulation finalizes alternate 
eligibility requirements to safely certificate initial groups of 
powered-lift pilots, as well as determine which operating rules to 
apply to powered-lift on a temporary basis. This will enable the FAA to 
gather additional information to determine the most appropriate 
permanent rulemaking path for these aircraft. The analysis for the 
regulatory evaluation is based on the following assumptions and data 
sources.
     The FAA uses a 10-year time period of analysis.\477\ The 
analysis uses 2022 constant dollars. Year 1 of the period of analysis, 
which would correlate with the effective date of the final, is used as 
the base year.
---------------------------------------------------------------------------

    \477\ In addition, the FAA acknowledges uncertainty in 
estimating incremental impacts of this proposed rule since the FAA 
has yet to type certificate a powered-lift.
---------------------------------------------------------------------------

     The analysis provides a range of costs from low to high. 
The FAA considers the primary estimate of costs to be the base 
scenario.
     It is estimated that it would cost an individual 
approximately $22,124 to accomplish the training and testing required 
for a type rating.\478\ The FAA believes that in many circumstances 
this training and testing would be at the expense of entities utilizing 
powered-lift in its operations.
---------------------------------------------------------------------------

    \478\ The estimated cost for this provision is detailed in the 
regulatory impact analysis prepared for this SFAR.
---------------------------------------------------------------------------

     To forecast the number of pilots required to operate the 
powered-lift fleet, the FAA used a model published by the NBAA. The 
model estimates the number of pilots required to operate a fleet of 
aircraft.\479\ To account for pilot turnover, a rate of 8.9 percent, 
annually, is used.\480\
---------------------------------------------------------------------------

    \479\ 2016-01-nbaa-management-guide PDF (nbaa.org). See Figure 
1.5 on page 1-18.
    \480\ www.ntsb.gov/news/events/Documents/aviation_pro-Lovelace-NTSB-Professionalism-Forum.pdf.
---------------------------------------------------------------------------

     The estimated battery life for an eVTOL is 1,600 
hours.\481\ The cost per battery is $60,000.\482\
---------------------------------------------------------------------------

    \481\ www.sciencedirect.com/science/article/pii/S2542435121002051.
    \482\ aerospaceamerica.aiaa.org/features/faith-in-batteries/.
---------------------------------------------------------------------------

     It is estimated that 20 dual-control aircraft and 60 full 
flight simulators will be required for the provision of training at a 
cost of $3.9 million per dual-control aircraft and $10 million per full 
flight simulator.\483\
---------------------------------------------------------------------------

    \483\ Source: NERA Economic Consulting--Expert Report of 
Christian M. Dippon, Ph.D. on behalf of Supernal. August 14, 2023. 
This report estimates 50 dual-control aircraft will be required for 
the provision of training over the ten-year period of the SFAR 
www.regulations.gov/comment/FAA-2023-1275-0062.
---------------------------------------------------------------------------

     Operational and maintenance rules under parts 43, 91, 97, 
135, and 136 that are applicable to aircraft continue to be applicable 
to powered-lift because powered-lift meet the definition of an aircraft 
in Sec.  1.1. Unless otherwise stipulated in this final rule, either 
the more conservative airplane-specific operational rules or those for 
rotorcraft/helicopters will apply to powered-lift. Additionally, in 
some instances, performance-based alternatives and deviation provisions 
provide additional flexibility in the operational rules for powered-
lift.
     The FAA uses a two percent, three percent, and seven 
percent discount rate to quantify present value costs and cost 
savings.\484\
---------------------------------------------------------------------------

    \484\ OMB Circular A-4, Regulatory Analysis (2003), 
www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------

2. Summary of Individual Proposed and Finalized Regulatory Impacts
    The powered-lift currently undergoing the type certification 
process are comparatively different compared to the powered-lift 
proposed during the 1990s. Currently, manufacturers are proposing 
aircraft and operations that were not conceptualized in the 1997 
rulemaking that introduced the powered-lift category of aircraft into 
the airmen certification rules. When airmen certification rules were 
introduced, it was the FAA's intention to initiate further rulemakings 
to develop operational rules for powered-lift. However, these 
intentions never came to fruition. Without this rulemaking, civilian 
pilots will be unable to obtain powered-lift ratings necessary for 
industry to scale operations intended for these new and novel aircraft. 
Should type-certificated powered-lift become available before this rule 
is finalized, individuals holding an airman certificate with a powered-
lift category rating would be permitted to act as PIC of powered-lift 
operations.
    Furthermore, if powered-lift were available for civil operations 
today, they would not be subject to operating rules that are specific 
to an aircraft category or class. Instead, the only rules that would 
apply are the part 91 and 135 rules that are specific to ``aircraft.'' 
Through this SFAR, the FAA provides operating rules applicable to 
powered-lift and a pathway for pilots to obtain powered-lift ratings 
through alternate aeronautical experience requirements and expanded 
logging provisions. The regulatory evaluation portion of this SFAR 
evaluates the economic impact of the amendments.
    The tables below provide an evaluation of the economic impact of 
the proposed rule and the final rule. The first table of the two 
replicates the amendments as proposed, and the second table summarizes 
only those amendments that have either been added or revised for the 
final rule. The tables are designed to quickly inform the reader of the 
changes and their resulting impacts.

                                       Table 11--SFAR--Proposed Amendments
----------------------------------------------------------------------------------------------------------------
                Section                               Proposed amendment                         Impact
----------------------------------------------------------------------------------------------------------------
Part 43--Maintenance, Preventive         Sec.   43.3(h) Persons authorized to perform  Provides relief to
 Maintenance, Rebuilding, & Alterations.  maintenance, preventive maintenance,          operators of powered-
                                          rebuilding, and alterations.                  lift on a scale that is
                                                                                        equivalent to the relief
                                                                                        provided to operators of
                                                                                        rotorcraft.
                                         Sec.   43.15(b) Additional performance rules  Imposes a regulatory
                                          for inspections.                              burden on operators
                                                                                        conducting powered-lift
                                                                                        operations on a scale no
                                                                                        greater than that
                                                                                        imposed on like
                                                                                        operators conducting
                                                                                        operations with
                                                                                        rotorcraft.
Part 91--General Operating and Flight    Sec.   91.9(a)(b) Civil Aircraft Flight       Imposes costs on
 Rules.                                   Manual.                                       operators of powered-
                                         Sec.   91.103(b)(1) Preflight action.          lift on a scale
                                         Sec.   91.109 Flight instruction; Simulated    equivalent to costs
                                          instrument flight.                            imposed on operators of
                                         Sec.   91.151  Fuel requirements for flight    airplanes or rotorcraft.
                                          in VFR conditions.

[[Page 92469]]

 
                                         Sec.   91.167 Fuel requirements for flight
                                          in IFR conditions.
                                         Sec.   91.205(b)(11) Anti-collision lights.
                                         Sec.   91.205(b)(14) Shoulder harness,
                                          restraint system.
                                         Sec.   91.207 Emergency locator
                                          transmitters.
                                         Sec.   91.215 ATC transponder and altitude
                                          reporting equipment and use.
                                         Sec.   91.219 Altitude alerting system or
                                          device.
                                         Sec.   91.223 Terrain awareness and warning.
                                         Sec.   91.313 Shoulder harness, restraint
                                          system.
                                         Sec.   91.409 Inspection programs.
                                         Sec.   91.411 Altimeter system and altitude
                                          reporting.
                                         Sec.   91.501 Applicability.
                                         Sec.   91.503 Flying equipment and operating
                                          information.
                                         Sec.   91.505 Aircraft Flight Manual.
                                         Sec.   91.507 Equipment required for over-
                                          the-top or night VFR ops.
                                         Sec.   91.509 Survival equipment.
                                         Sec.   91.511 Communications and navigation.
                                         Sec.   91.513 Emergency equipment.
                                         Sec.   91.517 Passenger information,
                                          seatbelts/non-smoking.
                                         Sec.   91.519 Oral briefing.
                                         Sec.   91.521 Safety equipment requirements.
                                         Sec.   91.523 Requirements for storage of
                                          carry-on baggage.
                                         Sec.   91.525 Requirements for storage of
                                          cargo.
                                         Sec.   91.527 Requirements for operating in
                                          icing conditions.
                                         Sec.   91.529 Flight engineer requirements.
                                         Sec.   91.531 Second-in-command
                                          requirements.
                                         Sec.   91.533 Flight attendant requirements.
                                         Sec.   91.603 Aural speed warning device.
                                         Sec.   91.605 Transport category civil
                                          airplane weight limitations.
                                         Sec.   91.609 Flight data recorders and
                                          cockpit voice recorders.
                                         Sec.   91.613 Materials for compartment
                                          interiors.
                                         Sec.   91.1041 Proving and validation tests.
                                         Sec.   91.1045 HTAWS and thunderstorm
                                          detection equipment.
                                         Sec.   91.1065 Initial and recurrent pilot
                                          testing requirements.
Part 91--General Operating and Flight    Sec.   91.107(a)(3) Use of restraint          Provides relief to
 Rules.                                   systems.                                      operators of powered-
                                         Sec.   91.205(d)(3) U.S. airworthiness         lift on a scale
                                          certificates: Instrument and equipment        equivalent to the relief
                                          requirements.                                 provided to operators of
                                         Sec.   91.213 Inoperative instruments and      airplanes or rotorcraft.
                                          equipment.
Part 91--General Operating and Flight    Sec.   91.113(d)(2) and (3) Right-of-way      Imposes costs on
 Rules.                                   rules.                                        operators of powered-
                                         Sec.   91.126(b)(1) and (2) Operating in       lift on a scale
                                          Class G: Direction of turns.                  equivalent to costs
                                         Sec.   91.129 Operations in Class D            imposed on operators of
                                          airspace--approaches.                         airplanes or rotorcraft.
                                         Sec.   91.131  Operations in Class B
                                          airspace.
                                         Sec.   91.155 Basic VFR weather minimums.
                                         Sec.   91.157 Special VFR weather minimums.
                                         Sec.   91.169 IFR flight plan: Information
                                          required.
                                         Sec.   91.175 Takeoff and landing under IFR.
                                         Sec.   91.515 Rules for appropriate flight
                                          altitudes.
                                         Sec.   91.611 Authorization for ferry flight
                                          with one engine--not allowed by SFAR.
                                         Sec.   91.1037 Limitations; destination and
                                          alternate airports.
                                         Sec.   91.1039 IFR takeoff, approach, and
                                          landing minimums.
                                         Sec.   91.1055 Pilot operating limitations
                                          and pairing requirement.
Part 91--General Operating and Flight    Sec.   91.126(c) Operating in Class G         Imposes a regulatory
 Rules.                                   airspace--flap settings.                      burden on operators
                                         Sec.   91.129 Operations in Class D            conducting powered-lift
                                          airspace--minimum altitudes.                  operations on a scale no
                                         Sec.   91.129 Operations in Class D            greater than that
                                          airspace--departures.                         imposed on like
                                         Sec.   91.129 Operations in Class D            operators conducting
                                          airspace--noise abatement.                    operations with
                                                                                        airplanes or rotorcraft.
Part 97--Standard Instrument Procedures  Sec.   97.3. Copter procedures.               Enabling.
Part 135--Operating Requirements         Sec.   135.4 Applicability of rules for       Imposes a regulatory
 Commuter and On-Demand Operations and    eligible on-demand operations.                burden on operators
 Rules Governing Persons on Board Such   Sec.   135.23(r)(7) Manual contents.           conducting powered-lift
 Aircraft.                               Sec.   135.93 Minimum altitudes for use of     operations on a scale no
                                          autopilot.                                    greater than that
                                         Sec.   135.100 Flight crewmember cuties.       imposed on like
                                         Sec.   135.159(a)(2)(3) Helicopter             operators conducting
                                          exceptions are not allowed.                   operations with
                                         Sec.   135.181 Aircraft operated over-the-     airplanes or rotorcraft.
                                          top or in IFR conditions.
                                         Sec.   135.183 Land aircraft operated over
                                          water.
                                         Sec.   135.203 VFR: Minimum altitudes.
                                         Sec.   135.205 VFR: Visibility requirements.
                                         Sec.   135.207 VFR: Helicopter surface
                                          reference requirements.
                                         Sec.   135.221 Alternate airport weather
                                          minimums.
                                         Sec.   135.361 Applicability.
                                         Sec.   135.363 General.
                                         Sec.   135.379 Large transport category
                                          airplanes. Turbine engine powered: Takeoff
                                          limitations.
                                         Sec.   135.381 Large transport category
                                          airplanes. Turbine engine powered: En-route
                                          limitations: One engine inoperative.

[[Page 92470]]

 
                                         Sec.   135.383 Large transport category
                                          airplanes. Turbine engine powered: En-route
                                          limitations: Two engines inoperative.
                                         Sec.   135.385 Large transport category
                                          airplanes. Turbine engine powered: En-route
                                          limitations: Landing limitations.
                                         Sec.   135.387 Large transport category
                                          airplanes. Turbine engine powered: En-route
                                          limitations: Landing limitations: Alternate
                                          airports.
                                         Sec.   135.389 Large non-transport category
                                          airplanes: Takeoff limitations.
                                         Sec.   135.391 Large non-transport category
                                          airplanes. En-route limitations: One engine
                                          inoperative.
                                         Sec.   135.393 Large non-transport category
                                          airplanes. Landing limitations: En-route
                                          limitations: Destination airports.
                                         Sec.   135.395 Large non-transport category
                                          airplanes. Landing limitations: En-route
                                          limitations: Alternate airports.
                                         Sec.   135.397 Small transport category
                                          airplanes performance operating
                                          limitations.
Part 135--Operating Requirements         Sec.   135.1(a)(9) Conducting operations in   Imposes costs on
 Commuter and On-Demand Operations and    accordance with subpart L (Helicopter Air     operators of powered-
 Rules Governing Persons on Board Such    Ambulance Equipment, Operations, and          lift on a scale
 Aircraft.                                Training Requirements).                       equivalent to costs
                                         Sec.   135.117(a)(9) Briefing of passengers    imposed on operators of
                                          before flight.                                airplanes or rotorcraft.
                                         Sec.   135.145 Aircraft proving and
                                          validation tests.
                                         Sec.   135.150 Public address and crewmember
                                          interphone systems.
                                         Sec.   135.151 Cockpit voice Recorders.
                                         Sec.   135.152 Flight data recorders.
                                         Sec.   135.154 Terrain awareness warning
                                          systems.
                                         Sec.   135.158 Pitot heat indication
                                          systems.
                                         Sec.   135.160 Radio altimeters for
                                          rotorcraft operations.
                                         Sec.   135.165 Communication and navigation
                                          equipment.
                                         Sec.   135.168 Emergency equipment.
                                         Sec.   135.169 Additional airworthiness
                                          requirements.
                                         Sec.   135.170 Materials for compartment
                                          interiors.
                                         Sec.   135.173 Airborne thunderstorm
                                          equipment requirements.
                                         Sec.   135.178 Additional emergency
                                          equipment.
                                         Sec.   135.180 Traffic alert and collision
                                          avoidance system.
                                         Sec.   135.209 VFR: Fuel supply.
                                         Sec.   135.223 IFR: Alternate airport
                                          requirements.
                                         Sec.   135.227 Icing conditions: Operating
                                          limitations.
                                         Sec.   135.271 Helicopter hospital emergency
                                          medical evacuation services (HEMES).
Part 135--Operating Requirements         Sec.   135.128 Use of safety belts, child     Provides flexibility or
 Commuter and On-Demand Operations and    restraint systems.                            relief to operators of
 Rules Governing Persons on Board Such   Sec.   135.159(a)(1) Gyroscopic rate of turn   powered-lift on a scale
 Aircraft.                                indicator.                                    equivalent to the
                                         Sec.   135.163(g) Exception for helicopters    flexibility or relief
                                          is allowed.                                   provided to operators of
                                         Sec.   135.229 Airport requirements.           airplanes or rotorcraft.
                                         Sec.   135.429(d) Required inspection
                                          personnel.
Part 61--Certification: Pilots, Flight   Sec.   61.31(a) Type rating requirements,     Imposes a regulatory
 Instructors, and Ground Instructors.     additional training, and authorization        burden on individuals
                                          reqts.                                        seeking airmen
                                         Sec.   61.109(e)(5) Aeronautical experience.   certification in powered-
                                                                                        lift on a scale no
                                                                                        greater than that
                                                                                        imposed on individuals
                                                                                        accomplishing airmen
                                                                                        certification in other
                                                                                        aircraft categories.
Part 61--Certification: Pilots, Flight   Addressing:                                   Relieving. No additional
 Instructors, and Ground Instructors.    Sec.   61.1(b) Applicability and               regulatory costs.
                                          definitions: Cross-country time definition
                                          (paragraph (ii)).
                                         Sec.   61.3 Reqt for certificates, ratings,
                                          and authorizations: Flt instructor
                                          certificate.
                                         Sec.   61.45 Requirement for certificates,
                                          ratings, and authorizations: Practical
                                          tests: Required aircraft and equipment.
                                         Sec.   61.51 Requirement for certificates,
                                          ratings, and authorizations: Pilot
                                          logbooks.
                                         Sec.   61.55 Requirement for certificates,
                                          ratings, and authorizations: SIC.
                                         Sec.   61.63(d)(3) Additional aircraft
                                          ratings (other than for ratings at the
                                          airline transport pilot certification
                                          level). Proposed eligibility requirements
                                         Sec.   61.65 Instrument rating requirements.
                                         Sec.   61.107 Flight proficiency.
                                         Sec.   61.109(e)(2)(i), (e)(5)(ii)
                                          Aeronautical experience.
                                         Sec.   61.127 Flight proficiency (commercial
                                          pilots).
                                         Sec.   61.129 Aeronautical experience:
                                          Alternate experience and logging reqts.
                                         Sec.   61.167 Airline transport pilot
                                          privileges and limitations.
                                         Sec.   61.195 Flight instructor limitations
                                          and qualifications.
Part 61--Certification: Pilots, Flight   Addressing:                                   Imposes a regulatory
 Instructors, and Ground Instructors.    Sec.   61.64 Use of a flight simulator and     burden on individuals
                                          flight training device--SFAR--removes three   accomplishing a powered-
                                          of four available alternative requirements    lift type rating in an
                                          that enable a person to accomplish a          FFS on a scale no
                                          practical test for a powered-lift type        greater than that
                                          rating in a simulator.                        imposed on individuals
                                                                                        accomplishing a type
                                                                                        rating in an FFS for
                                                                                        airplanes or
                                                                                        helicopters.
Part 135--Operating Requirements         SFAR temporarily allow the completion of      Relieving.
 Commuter and On-Demand Operations and    certain part 135 tests and checks to meet
 Rules Governing Persons on Board Such    the flight proficiency requirements for the
 Aircraft.                                addition of a powered-lift category rating,
                                          an instrument-powered-lift rating, and
                                          powered-lift type rating to a commercial
                                          certificate.

[[Page 92471]]

 
Part 135--Operating Requirements         Sec.   135.3 Rules applicable to operations   Imposes costs on
 Commuter and On-Demand Operations and    subject to this part--FAA proposes            operators of powered-
 Rules Governing Persons on Board Such    certificate holders comply with subpart Y     lift on a scale
 Aircraft.                                of part 121 (Advanced Qualification Program   equivalent to costs
                                          (AQP)).                                       imposed on operators of
                                         Sec.   135.243 Pilot in command                airplanes or rotorcraft.
                                          qualifications.
                                         Sec.   135.244 Operating experience.
                                         Sec.   135.245 Second in command
                                          qualifications.
                                         Sec.   135.293 Initial and recurrent pilot
                                          testing requirements.
                                         Sec.   135.297 Pilot in command: Instrument
                                          proficiency check requirements.
                                         Sec.   135.340 Initial and transition
                                          training and checking: Check airmen
                                          (aircraft), check airmen (simulator).
                                         Sec.   135.345(b)(6)(iv) Pilots: Initial,
                                          transition, and upgrade ground training.
Part 111--Pilot Records Database.......  Sec.   111.1 Applicability.                   Imposes costs on
                                                                                        operators of powered-
                                                                                        lift on a scale
                                                                                        equivalent to costs
                                                                                        imposed on operators of
                                                                                        airplanes or rotorcraft.
Part 136--Commercial Air Tours and       Sec.   136.1 Suitable landing area for        Imposes costs on
 National Parks Air Tour Management.      helicopters.                                  operators of powered-
                                         Sec.   136.9 Life preservers for over water.   lift on the same scale
                                         Sec.   136.11(c) Helicopter floats for over    as costs imposed on
                                          water.                                        operators of airplanes
                                         Sec.   136.13(a) Helicopter performance plan   or rotorcraft.
                                          and operations Appendix A Special Operating
                                          Rules for Air Tour Operators in the State
                                          of Hawaii.
Part 141--Flight Schools...............  Sec.   141.35 Chief instructor                Relieving--no additional
                                          qualifications.                               regulatory costs.
                                         Sec.   141.36 Assistant chief instructor
                                          qualifications.
                                         Sec.   141.37 Check instructor
                                          qualifications.
Part 142--Training Centers.............  Sec.   142.47(a), (c) Training center         Imposes a regulatory
                                          instructor eligibility requirements.          burden on part 142
                                         Sec.   142.53 Training center instructor       training centers
                                          training and testing requirements.            conducting powered-lift
                                                                                        training on a scale no
                                                                                        greater than that
                                                                                        imposed on like training
                                                                                        centers conducting
                                                                                        training with airplanes
                                                                                        or rotorcraft.
                                         ............................................  Provides relief to part
                                                                                        142 training centers
                                                                                        conducting powered-lift
                                                                                        training to allow
                                                                                        instructors to meet the
                                                                                        experience requirements
                                                                                        of part 61 or hold the
                                                                                        certificate. This allows
                                                                                        lower hours to obtain
                                                                                        certificate through the
                                                                                        SFAR.
Part 142--Training Centers.............  Sec.   142.11 Application for issuance or     Enabling. No additional
                                          amendment.                                    regulatory costs unless
                                                                                        a part 142 training
                                                                                        center chooses conduct
                                                                                        training with powered-
                                                                                        lift flight simulators
                                                                                        and flight training
                                                                                        devices.
Part 142--Training Centers.............  Sec.   142.57  Aircraft requirements.         Provides relief to part
                                                                                        142 training centers
                                                                                        conducting powered-lift
                                                                                        training on a scale
                                                                                        equivalent to that
                                                                                        provided to training
                                                                                        centers conducting
                                                                                        training with airplanes
                                                                                        or rotorcraft.
----------------------------------------------------------------------------------------------------------------

    The table below identifies only those amendments added or changed 
from the proposed SFAR to the final SFAR. The first column of the table 
identifies the affected part; the second column provides the section 
affected and a description of the change from the proposed rule to the 
final rule; lastly, the third column identifies the economic impact of 
the change. If a provision from the proposal is not listed in the table 
below, then the provision was finalized as proposed.
    In many instances, the finalized SFAR applies operating rules for 
helicopters in place of the more conservative airplane rules proposed 
by the SFAR for powered-lift as long as the powered-lift can meet the 
performance-based criteria outlined in the rule. This largely means 
that amendments as finalized by the SFAR still impose a burden to the 
various entities affected; however, the burden will be to a lesser 
degree.

                  Table 12--SFAR--Table of Amendments Changed From Proposed Rule to Final Rule
----------------------------------------------------------------------------------------------------------------
                Section                        Changes to provisions as proposed                 Impact
----------------------------------------------------------------------------------------------------------------
Part 1--Definitions and Abbreviations..  Sec.   1.1 General definitions.               No economic impact.
                                         Revises the definition of autorotation to
                                          include powered-lift. Definition is as
                                          follows: Autorotation means a rotorcraft or
                                          powered-lift flight condition in which the
                                          lifting rotor is driven entirely by action
                                          of the air when the rotorcraft or powered-
                                          lift is in motion.
Part 91--General Operating and Flight    Sec.   91.113 Right-of-way-rules: Except      Imposes a regulatory
 Rules.                                   water operations.                             burden on operators of
                                         Permanent amendment that was originally        powered-lift on a scale
                                          proposed as a temporary change for the        equivalent to costs
                                          duration of the SFAR. The language is         imposed on operators of
                                          updated to change the term ``engine-driven    airplanes or rotorcraft.
                                          aircraft'' to ``powered aircraft.''
                                         Powered-lift to use right-of-way rules
                                          designated for other powered aircraft
                                          (e.g., airplanes and rotorcraft).
Part 91--General Operating and Flight    Sec.   91.903 Policy and procedures.          Provides relief from
 Rules.                                  Adds any rule listed subpart J of part 91 as   provisions proposed by
                                          modified by subpart C of part 194 to those    SFAR.
                                          that the Administrator may issue a
                                          certificate of waiver authorizing the
                                          operation of aircraft in deviation from
                                          those rules
Part 135--Operating Requirements:        Sec.   135.100 Flight crewmember duties.      No economic impact.
 Commuter and on Demand Operations and   Permanent technical amendment to provide the
 Rules Governing Persons on Board Such    definition of ``taxi'' for purposes of Sec.
 Aircraft.                                  135.100.

[[Page 92472]]

 
Part 135--Operating Requirements:        Sec.   135.165(d) Communication and           No economic impact.
 Commuter and on Demand Operations and    navigation equipment: Extended over-water
 Rules Governing Persons on Board Such    or IFR operations.
 Aircraft.                               Permanent amendment to reflect the current
                                          location of the definition for ``commuter
                                          operation'' (reference to the definition is
                                          updated from part 119 to part 110).\485\
Part 135--Operating Requirements:        Sec.   135.339(e) Initial and transition      Provides relief from
 Commuter and on Demand Operations and    training and checking: Check airmen           proposed SFAR.
 Rules Governing Persons on Board Such    (aircraft), check airmen (simulator).
 Aircraft.                               Sec.   135.340(e) Initial and transition
                                          training and checking: Flight instructors
                                          (aircraft), flight instructors (simulator).
                                         Permanent amendment to allow for training in
                                          powered-lift that are not equipped with
                                          dual controls.
Part 136--Commercial Air Tours and       Sec.   136.75(a) Equipment and requirements.  In the Update to Air
 National Pars Air Tour Management.      Permanent technical amendment to add the       Carrier Definitions
                                          term ``single-engine'' in front of            rule, when appendix A
                                          ``rotorcraft.'' FAA did not intend for this   was moved to subpart D
                                          rule to apply to all rotorcraft.              ``single-engine'' was
                                                                                        inadvertently omitted.
                                                                                        As a result, the
                                                                                        applicability of
                                                                                        required flotation
                                                                                        equipment was mistakenly
                                                                                        expanded to all
                                                                                        rotorcraft, instead of
                                                                                        only single-engine
                                                                                        rotorcraft.
Part 142--Training Centers.............  Sec.   142.47 Training center instructor      Provides relief from
                                          eligibility requirements.                     existing regulations
                                         Certain provisions of Sec.   142.47(a)(5)      allowing aeronautical
                                          requires an instructor to meet specific       experience or a
                                          aeronautical experience set forth in Sec.     commercial certificate
                                          61.129 or Sec.  Sec.   61.159, 61.161,        in place of aeronautical
                                          61.163, as applicable. This final rule adds   experiencer set forth in
                                          the qualification option of simply holding    Sec.   61.129 or Sec.
                                          a commercial pilot certificate with the       Sec.   61.159, 61.161,
                                          appropriate ratings or an unrestricted ATP    61.163.
                                          with the appropriate ratings to account for
                                          those pilots who hold a certificate but may
                                          not meet the specific aeronautical
                                          experience requirements of part 61 due to
                                          decreased minimum experience requirements
                                          in part 141 and part 194. The FAA
                                          emphasizes that meeting the aeronautical
                                          experience requirements as currently
                                          required remains an option without holding
                                          the certificate itself, as well.
                                         Additionally, the final SFAR designates that
                                          the aeronautical experience requirements
                                          are applicable only to powered-lift
                                          weighing greater than 12,500 pounds or
                                          turbojet powered. (In the proposed SFAR,
                                          the aeronautical experience requirements
                                          were applicable powered-lift of all weight
                                          classes.
Part 194...............................  Sec.   194.103 Definitions.                   No economic impact.
                                         Amends Sec.   194.103 to add the following
                                          definitions: Aviation safety inspector; FAA
                                          test pilot; vertical-lift flight mode, and
                                          wing-borne flight mode.
Part 194...............................  Sec.   194.203 Alternate qualification        Provides relief from
                                          requirements for certain flight               provisions proposed by
                                          instructors.                                  SFAR.
                                         Amended to add FAA safety inspectors and FAA
                                          test pilots to the initial cadre of
                                          individuals eligible to receive training
                                          from an instructor pilot at a powered-lift
                                          manufacturer that does not hold a flight
                                          instructor certificate under part 61.
Part 194...............................  Sec.   194.209 Additional qualification       Provides relief from
                                          requirements for certain pilots serving as    provisions proposed by
                                          second-in-command.                            SFAR.
                                         Amended to allows for an applicant receiving
                                          training under Sec.  Sec.   194.221,
                                          194.223, 194.229, and 194.231 to serve as
                                          second-in-command in a powered-lift type
                                          certificated for more than one required
                                          pilot flight crewmember while not otherwise
                                          meeting the requirements of Sec.
                                          61.55(a)(1) (a)(2) and (b)(2).
                                         (e.g., airplanes and rotorcraft).
Part 194...............................  Sec.   194.213 Alternate endorsement          Provides relief from
                                          requirements for certain persons seeking a    provisions proposed by
                                          powered-lift rating.                          SFAR.
                                         Adds instructor pilots for manufacturers of
                                          experimental powered-lift, FAA test pilots,
                                          and FAA aviation safety inspectors to those
                                          persons that may provide the required
                                          logbook or training record endorsements
                                          under parts 61 and 194 for a commercial
                                          pilot certificate with a powered-lift
                                          category, instrument, or type rating, or
                                          for a flight instructor certificate with
                                          powered-lift rating.
Part 194...............................  New Sec.   194.216 Alternate aeronautical     Provides relief from
                                          experience pilot-in-command flight time in    provisions proposed by
                                          a powered-lift for a commercial pilot         SFAR.
                                          certificate with a powered-lift category
                                          rating.
                                         This new amendment allows all pilots to use
                                          the FFS credit (not just those pilots
                                          training under an approved training
                                          program) as provided for in the proposal
                                          for this rulemaking.
Part 194...............................  Sec.   194.217 Test pilots, FAA test pilots,  Provides relief from
                                          or aviation safety inspectors: Alternate      provisions proposed by
                                          aeronautical experience and logging           SFAR.
                                          requirements for a commercial pilot
                                          certificate with a powered-lift category
                                          rating.
                                         Adds FAA test pilots and FAA aviation safety
                                          inspectors to those applicants that may use
                                          alternate aeronautical experience and
                                          logging requirements for a commercial pilot
                                          certificate with a powered-lift ratings.
Part 194...............................  Sec.   194.219 Instructor pilots: Alternate   Provides relief from
                                          aeronautical experience and logging           provisions proposed by
                                          requirements for a commercial pilot           SFAR.
                                          certificate with a powered-lift category
                                          rating.
                                         Adds FAA test pilots and FAA safety
                                          inspectors to those persons that can
                                          receive the manufacturer's training
                                          curriculum from instructor pilots for
                                          experimental powered-lift manufacturers.
                                         Adds FAA test pilots and FAA safety
                                          inspectors to the group of individuals that
                                          allow an instructor pilot to log PIC time
                                          in an experimental powered-lift.

[[Page 92473]]

 
Part 194...............................  Sec.   194.221 Initial cadre of instructors:  Provides relief from
                                          Alternate aeronautical experience and         provisions proposed by
                                          logging requirements for a commercial pilot   SFAR.
                                          certificate with a powered-lift category
                                          rating.
                                         Reduces the number of hours an applicant for
                                          a commercial pilot certificate with a
                                          powered-lift category rating is required to
                                          log as pilot-in-command for the purpose of
                                          satisfying aeronautical experience
                                          requirements from 40 hours to 25 hours when
                                          the pilot is the sole manipulator of the
                                          controls of a powered-lift for which the
                                          pilot is not rated, provided:
                                         (1) The applicant is manipulating the
                                          controls of the powered-lift with a person
                                          onboard who serves as an instructor pilot
                                          for the manufacturer;
                                         (2) The applicant is performing the duties
                                          of pilot-in-command; and
                                         (3) The flight is conducted in accordance
                                          with the manufacturer's powered-lift
                                          training curriculum.
Part 194...............................  Sec.   194.223 Pilots receiving training      Provides relief from
                                          under an approved training program:           provisions proposed by
                                          Alternate requirements for a commercial       SFAR.
                                          pilot certificate with a powered-lift        Also, a technical
                                          category rating.                              Amendment. Inadvertent
                                         Reduces the number of hours an applicant for   missing word. (Changes
                                          a commercial pilot certificate with a         powered-lift category to
                                          powered-lift category rating is required to   powered-lift category
                                          log as pilot-in-command time toward Sec.      rating.). No impact.
                                          61.129(e)(2)(i) from 40 hours to 25 hours
                                          when the applicant is the sole manipulator
                                          of the controls of a powered-lift for which
                                          the pilot is not rated.
Part 194...............................  Sec.   194.225 Test pilots, FAA test pilots,  Provides relief from
                                          and aviation safety inspectors: Alternate     provisions proposed by
                                          aeronautical experience and logging           SFAR.
                                          requirements for an instrument powered-lift
                                          rating.
                                         Adds FAA test pilots and FAA aviation safety
                                          inspectors to those eligible for relief
                                          with regard to alternate aeronautical
                                          experience and logging requirements for an
                                          instrument powered-lift rating.
Part 194...............................  New Sec.   194.238 Alternate aeronautical     Provides relief from
                                          experience: Airline transport pilot           provisions proposed by
                                          certificate with a powered-lift category      SFAR.
                                          rating.
                                         Provides for alternative aeronautical
                                          experience requirements for an airline
                                          transport pilot certificate with a powered-
                                          lift category rating given certain
                                          conditions.
Part 194...............................  New Sec.   194.243 Pilot certification        Technical amendment. No
                                          through completion of training, testing,      economic impact.
                                          and checking part 135 of this chapter.
                                         Provides retraining and endorsement
                                          requirements for instances when a pilot
                                          fails a part 135 competency or proficiency
                                          check (.293/.297) also being to add
                                          commercial/instrument/ATP/Type
                                          certification concurrently with the check.
Part 194...............................  New Sec.   194.253 Alternate requirements     Provides relief from
                                          for powered-lift without fully functional     provisions proposed by
                                          dual controls used in flight training.        SFAR.
                                         Allows powered-lift without fully functional
                                          dual controls to be used for flight
                                          training provided the primary flight
                                          controls are instantly accessible by both
                                          the applicant and the instructor.
                                          Additionally, a person may apply for a
                                          powered-lift category rating, type rating,
                                          and instrument powered-lift rating for a
                                          powered-lift with single controls under an
                                          approved part 135, 141, or 142 training
                                          program by meeting the part 61 requirements
                                          or corresponding alternate requirement set
                                          forth by part 194.
Part 194...............................  Sec.   194.301 Applicability.                 Technical amendment. No
                                         Provides clarification that sections or        economic impact.
                                          paragraphs within sections under parts 91
                                          and 135 that refer to specific categories
                                          of aircraft, and that are not referenced in
                                          the SFAR tables to Sec.   194.302 or Sec.
                                          194.306, do not apply to powered-lift.
Sec.   194.302 (con't)--Provisions       Sec.   91.119 Minimum safe altitudes:         Provides relief from
 under part 91 of this chapter            General.                                      provisions proposed by
 applicable to powered-lift.             Provides for a performance-based rule          SFAR.
                                          allowing powered-lift to operate at an
                                          altitude lower than airplanes.
194.302 (con't)--Provisions under part   Adds Sec.   91.151(b).                        Provides relief from
 91 of this chapter applicable to        Allows for powered-lift operating in a         provisions proposed by
 powered-lift.                            vertical-lift flight mode to adhere to a      SFAR.
                                          less restrictive fuel requirement when
                                          flying VFR.
194.302 (con't)--Provisions under part   Sec.   91.155.                                Provides relief from
 91 of this chapter applicable to        Allows for powered-lift to use helicopter      provisions proposed by
 powered-lift.                            flight visibility requirements when being     SFAR.
                                          operated in the vertical-lift flight mode
                                          of flight.
194.302 (con't)--Provisions under part   Adds Sec.   91.157(b)(3), (b)(4), and (c).    Provides relief from
 91 of this chapter applicable to        Allows helicopter exceptions to be applied     provisions proposed by
 powered-lift.                            to powered-lift operating in vertical-lift    SFAR.
                                          flight mode when those aircraft are
                                          operated at a speed that allows the pilot
                                          to see any other traffic or obstructions in
                                          time to avoid a collision.
194.302 (con't)--Provisions under part   Adds Sec.  Sec.   91.167(a)(3) and            Provides relief from
 91 of this chapter applicable to         (b)(2)(i), and 91.169(b)(2)(ii) and           provisions proposed by
 powered-lift.                            (c)(1)(ii).                                   SFAR.
                                         Allows powered-lift authorized to conduct
                                          copter procedures and can land in the
                                          vertical-lift flight mode to use fuel (Sec.
                                            91.167) or weather minimums (Sec.
                                          91.169) established for helicopters.
194.302 (con't)--Provisions under part   Adds Sec.   91.175(f)(2)(iii).                Provides relief from
 91 of this chapter applicable to        Allows powered-lift authorized to use copter   provisions proposed by
 powered-lift.                            procedures and can land in the vertical-      SFAR.
                                          lift flight mode to use takeoff minimums
                                          established for helicopters.
194.306--Provisions under part 135 of    Amends Sec.   135.93(c)(1).                   Provides relief from
 this chapter applicable to powered-     Provides a performance-based alternative to    provisions proposed by
 lift.                                    enroute requirements specified in Sec.        SFAR.
                                          135.93.

[[Page 92474]]

 
194.306 (con't)--Provisions under part   Sec.   135.158 Amending the proposed          Provides relief from
 135 of this chapter applicable to        regulatory text for Sec.   194.307(r).        provisions proposed by
 powered-lift.                           Allows for the indication system in powered-   SFAR.
                                          lift to be something other than an amber
                                          light when a pitot system is not operating.
194.306 (con't)--Provisions under part   Adds Sec.   135.168(b)(1).                    Provides relief from
 135 of this chapter applicable to       For the final rule, the life preserver         provisions proposed by
 powered-lift.                            required by Sec.   135.168(b)(1) need not     SFAR.
                                          be worn but must be readily available for
                                          its intended use and easily accessible to
                                          each occupant when the powered-lift is a
                                          multiengine aircraft operated at a weight
                                          that will allow it to climb, with the
                                          critical engine inoperative or while
                                          experiencing a critical change of thrust,
                                          at least 50 feet a minute, at an altitude
                                          of 1,000 feet above the surface.
194.306 (con't)--Provisions under part   Added Sec.   135.181(a)(2) and Sec.           Clarifying amendment. No
 135 of this chapter applicable to        135.181(b).                                   economic impact.
 powered-lift.                           Provides clarification that performance
                                          requirements for aircraft operated over-the-
                                          top or in IFR conditions applies to those
                                          powered-lift that do not have a critical
                                          engine but can experience a critical change
                                          of thrust.
194.306 (con't)--Provisions under part   Amends Sec.   135.183(c).                     Clarifying amendment. No
 135 of this chapter applicable to       Revised to add the term ``critical change of   economic impact.
 powered-lift.                            thrust'' to the performance requirements
                                          for multiengine land aircraft carrying
                                          passengers as follows: aircraft operated at
                                          a weight that will allow it to climb with
                                          the critical engine inoperative, or while
                                          experiencing a critical change of thrust,
                                          at least 50 feet a minute, at an altitude
                                          of 1,000 feet above the surface.
194.306 (con't)--Provisions under part   Amends Sec.   135.203(a) and (b).             Provides relief from
 135 of this chapter applicable to       Amended to create a performance-based rule     provisions proposed by
 powered-lift.                            allowing powered-lift to use an altitude      SFAR.
                                          lower than specified for airplanes. This
                                          provision is adopted when operating in the
                                          vertical-lift flight mode. Or, when
                                          operating in the wing-borne mode. Also,
                                          incorporates helicopter minimums contained
                                          in Sec.   135.203(b).
194.306 (con't)--Provisions under part   Amends Sec.   135.205(b) and                  Provides relief from
 135 of this chapter applicable to       Creates a performance-based rule allowing      provisions proposed by
 powered-lift.                            powered-lift to use visibility requirements   SFAR.
                                          lower than specified for airplanes. This
                                          provision is adopted when operating in the
                                          vertical-lift flight mode.
194.306 (con't)--Provisions under part   Amends Sec.   135.209(a).                     Provides relief from
 135 of this chapter applicable to       Allows for deviations from VFR Fuel Supply     provisions proposed by
 powered-lift.                            for specific routes with one or more          SFAR.
                                          predetermined suitable landing areas if the
                                          FAA finds the operation can be conducted
                                          safely.
                                         Adds Sec.   135.209(b).
                                         Makes 20-minute minimum for VFR fuel
                                          requirement applicable to powered-lift with
                                          the performance capability, as provided in
                                          the Aircraft Flight Manual. (Deviations
                                          allowed).
194.306 (con't)--Provisions under part   Amends Sec.   135.221(b).                     Provides relief from
 135 of this chapter applicable to       The alternate airport weather minimums         provisions proposed by
 powered-lift.                            authorized for helicopters may be used by     SFAR.
                                          powered-lift if they are authorized to
                                          conduct copter procedures and can land in
                                          the vertical-lift flight mode.
194.306 (con't)--Provisions under part   Applies Sec.   135.223(a)(3) IFR Alternate    Provides relief from
 135 of this chapter applicable to        airport requirements.                         provisions proposed by
 powered-lift.                           Powered-lift may use the 30-minute fuel        SFAR.
                                          requirements specified for helicopters in
                                          Sec.   135.223(a)(3) if the powered-lift is
                                          authorized to conduct copter procedures and
                                          can conduct a landing in the vertical-lift
                                          flight mode for the entire flight.
194.306 (con't)--Provisions under part   Applies Sec.   135.227(d).                    Technical Amendment.
 135 of this chapter applicable to       The FAA corrected cross-references
 powered-lift.                            pertaining to this SFAR section and removed
                                          a reference to ``critical surfaces''
                                          because it is no longer required.
194.306 (con't)--Provisions under part   Adds Sec.   135.229(b)(2)(ii).                Technical Amendment.
 135 of this chapter applicable to       Allows powered-lift taking off or landing in
 powered-lift.                            vertical-lift flight mode and equipped with
                                          landing lights oriented in a direction that
                                          enables the pilot to see an area to be used
                                          for landing or takeoff marked by reflective
                                          material. Otherwise powered-lift must take
                                          off or land at an airport with boundary or
                                          runway marker lights. The FAA clarified
                                          that the intent of this section is to apply
                                          in both the takeoff and landing context.
194.306 (con't)--Provisions under part   Revises Sec.   135.609 VFR ceiling and        Provides relief from
 135 of this chapter applicable to        visibility minimums for Class G Airspace      provisions proposed by
 powered-lift.                            when conducting VFR helicopter air            SFAR.
                                          ambulance.
                                         Airplane minimums will be applied when the
                                          powered-lift is operated in wing-borne
                                          flight mode. Helicopter minimums will be
                                          applied when the powered-lift is operating
                                          in vertical-lift flight mode.
194.306 (con't)--Provisions under part   Revises Sec.   135.613 Approach/departure     Provides relief from
 135 of this chapter applicable to        IFR transitions.                              provisions proposed by
 powered-lift.                           Sec.   135.613(a)(2) revised and Sec.          SFAR.
                                          135.613(b) added to allow powered-lift that
                                          are operating in the vertical-lift flight
                                          mode to use helicopter minimums.
                                         Relieving.
194.306 (con't)--Provisions under part   Adds Sec.   135.615(b) VFR flight planning.   Provides relief from
 135 of this chapter applicable to       Allow powered-lift operated in the vertical-   provisions proposed by
 powered-lift.                            lift flight mode during enroute operations    SFAR.
                                          to use the terrain and obstacle clearance
                                          requirements minimums described in Sec.
                                          135.615(b).
194.308--Applicability of national air   Amends Sec.  Sec.   136.9(b)(3),              Clarifying amendment. No
 tour safety standards under part 136     136.11(a)(2), and 136.75(c).                  economic impact.
 of this chapter to powered-lift.        Adds the term'' critical change of thrust''
                                          to ensure those novel aircraft that may not
                                          have a critical engine be required to
                                          demonstrate the same performance
                                          requirements as those stipulated for
                                          aircraft with a critical engine.

[[Page 92475]]

 
194.308--Applicability of national air   Adds Sec.   136.11(a)(1).                     Imposes a burden on
 tour safety standards under part 136    Requires floats for single-engine powered-     operators of powered-
 of this chapter to powered-lift.         lift.                                         lift on a scale no
                                         Revises Sec.   136.11(b)(2).                   greater than the burden
                                         Requires flotation system to be armed when     placed on operators of
                                          the powered-lift is over water beyond the     helicopters.
                                          shoreline whether operating in vertical-
                                          lift flight mode or wing-borne flight mode.
194--New Appendix A....................  New Appendix A.                               Provides relief from
                                         Prescribes the minimum requirements to apply   provisions proposed by
                                          for a pilot training program leading to a     SFAR.
                                          powered-lift category rating; a powered-
                                          lift type rating; and an instrument powered-
                                          lift rating using powered-lift with one set
                                          of controls.
----------------------------------------------------------------------------------------------------------------

3. Benefits Summary
    Operations with powered-lift are anticipated to offer benefits over 
traditional airplanes and rotorcraft. A report published by the U.S. 
Government Accountability Office stated that many of these newer 
category of aircraft may be easier to design, simpler to construct, 
less complicated to maneuver, quieter to fly, and more economical to 
operate compared to traditional aircraft.\486\ Many use cases for these 
aircraft are anticipated. Below is a description of just a few of the 
use cases.
---------------------------------------------------------------------------

    \485\ 76 FR 7482 (Feb. 10, 2011).
    \486\ Transforming Aviation: Stakeholders Identified Issues to 
Address for 'Advanced Air Mobility'  U.S. GAO.
---------------------------------------------------------------------------

    It is envisioned smaller versions of these aircraft may reduce 
travel times in congested areas for passengers by allowing for more 
efficient transportation compared to existing ground transportation 
methods. To do so, these aircraft would use vertiports located on top 
of buildings, at parking facilities, or in other open areas.\487\ Such 
transportation could occur from these locations and then proceed at 
speeds and ranges similar to turboprops. Some powered-lift could also 
be capable of transporting heavier loads at higher altitudes and faster 
cruise speeds than a traditional rotorcraft. Such capability may 
increase efficiency in transporting crew and material to remote 
locations such as offshore oilrigs. Other use cases may involve medical 
response, disaster relief, rescue operations, border patrol, and last-
mile logistics.
---------------------------------------------------------------------------

    \487\ Vertiport Assessment and Mobility Operations System 
(VAMOS!) [verbar] T2 Portal (nasa.gov) A vertiport refers to a 
physical structure for the departure, arrival, and parking/storage 
of advanced air mobility vehicles. Evaluation factors for vertiports 
include zoning, land use, transit stations, fire stations, noise, 
and time-varying factors like congestion and demand.
---------------------------------------------------------------------------

    This final rule is a step toward enabling the ecosystem for this 
industry to develop. It applies the appropriate set of rules for a 
range of certificate-holder operations conducted with powered-lift, and 
for certification of the pilots that would fly them. It was deliberated 
with the intent of mitigating risk to the NAS while maintaining its 
current level of safety.
4. Costs Summary
    While operators choosing to conduct operations with powered-lift 
would incur costs to comply with regulations in this SFAR, these costs 
would be on a scale incurred by operators choosing to conduct 
operations with airplanes or rotorcraft under similar regulations. 
Likewise, costs imposed on individuals that choose to accomplish the 
required training and testing required to hold an airman's certificate 
with a type rating in the powered-lift category would be on a scale no 
greater than those incurred by individuals accomplishing training and 
testing to hold an airman's certificate with a type rating in the 
airplane or rotorcraft category. In other words, the costs imposed on 
operators and individuals that choose to comply with regulations in 
this rule would be no more burdensome than the costs incurred by 
entities and individuals complying with analogous airplane and 
rotorcraft regulations.
    However, to address the significant operational differences between 
each powered-lift, the FAA is amending regulations to require the PIC 
of a powered-lift to hold a type rating for the aircraft flown. The FAA 
has determined that requiring persons to hold type ratings for powered-
lift establishes the appropriate level of safety. This ensures persons 
receive adequate training and are tested on the unique design and 
operating characteristics of each powered-lift flown. As a result, 
airmen choosing to operate powered-lift and manufacturers providing 
dual-control aircraft and full flight simulators for training will 
incur incremental costs. Airmen will incur the incremental costs to 
achieve a type rating for each powered-lift flown.
    In the preliminary regulatory impact analysis for the SFAR, the FAA 
solicited comments for data to update the final analysis. The FAA 
received comments to the analysis including supporting data related to 
costs. Consequently, the final regulatory impact analysis has been 
revised to incorporate some of the information received during the 
comment period. As a result, the number of individuals required to 
operate the fleet of aircraft anticipated to enter the fleet over the 
period of the SFAR has been adjusted upward. Additionally, the analysis 
is updated to include a cost for the provision of dual-control aircraft 
and full flight simulators for training, and a cost for decreased 
battery life due to a minimum fuel reserve requirement.
    The following table presents a summary of the primary estimates of 
the monetized costs of this rule, as well as estimates for the 
pessimistic and optimistic scenarios. The monetized costs include those 
that would require individuals to hold an airman's certificate with a 
type rating for the powered-lift flown, costs for the provision of 
dual-control aircraft and full flight simulators for training, and 
incremental costs for the minimum fuel reserve requirement. For the 
primary estimate, over a 10-year period of analysis, this rule would 
result in present value costs of about $914.2 million at a two percent 
discount rate with annualized costs of about $101.8 million. At a three 
percent present value discount rate, present value costs are about 
$884.2 million with annualized costs of about $103.7million. At a seven 
percent discount rate, the present value costs are about $779.2 million 
with annualized costs of $110.9 million.\488\
---------------------------------------------------------------------------

    \488\ The appendix to the RIA presents tables of monetized costs 
on an annual basis for years 1-10, the time horizon for which costs 
for the rule are estimated. Monetized costs for the rule stem from 
the cadence of aircraft deliveries. In the optimistic scenario, 
aircraft deliveries are forecast to begin in year 1 and continue 
through year 10. Aircraft deliveries for the base scenario are 
forecast to occur during years 2-10, and in the pessimistic scenario 
during years 3-10. As a result, costs for the optimistic scenario 
accumulate over a period of 10 years versus the base and pessimistic 
scenarios, over which costs accumulate for a period of 9 years and 8 
years, respectively.

[[Page 92476]]



                 Table 13--Monetized Costs of Final SFAR
                             [Millions $] *
------------------------------------------------------------------------
                                              10-Year
            Forecast scenario              present value    Annualized
                                               (2%)            (2%)
------------------------------------------------------------------------
Base--Primary Estimate..................          $914.2          $101.8
Pessimistic.............................           865.5            96.4
Optimistic..............................           966.1           107.6
------------------------------------------------------------------------
* Table notes: Columns may not sum to total due to rounding. Discount
  rates are provided per Office of Management and Budget (OMB) guidance.

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

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider the effects of the 
regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The FAA published an Initial Regulatory Flexibility Analysis (IRFA) 
in the proposed rule to aid the public in commenting on the potential 
impacts to small entities. The FAA considered the public comments in 
developing the final rule and this Final Regulatory Flexibility 
Analysis (FRFA). A FRFA must contain the following:
    (1) A statement of the need for, and objectives of, the rule;
    (2) A statement of the significant issues raised by the public 
comments in response to the IRFA, a statement of the assessment of the 
agency of such issues, and a statement of any changes made in the 
proposed rule as a result of such comments;
    (3) The response of the agency to any comments filed by the Chief 
Counsel for Advocacy of the Small Business Administration (SBA) in 
response to the proposed rule, and a detailed statement of any change 
made to the proposed rule in the final rule as a result of the 
comments;
    (4) A description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available;
    (5) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (6) A description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
1. A Statement of the Need for, and Objectives of, the Rule
    This rule establishes the requirements for the certification and 
operation of powered-lift. Powered-lift is defined in 14 CFR part 1 as 
a heavier-than-air aircraft capable of vertical takeoff, vertical 
landing, and low speed flight that depends principally on engine-driven 
lift devices or engine thrust for lift during these flight regimes and 
on nonrotating airfoil(s) for lift during horizontal flight.
    The powered-lift that are coming to the civilian market have unique 
design, flight, and handling characteristics with varying degrees of 
automation. The FAA does not anticipate that the initial powered-lift 
that obtain type certification will be broadly available for basic 
airman certification and training at the private pilot level. Rather, 
manufacturers intend to produce powered-lift for commercial purposes, 
meaning the initial pilots will be required to hold at least commercial 
pilot certificates to act as required flightcrew members (i.e., PIC or 
SIC) for compensation or hire.
    The FAA lacks sufficient information at this time regarding 
emerging operations to implement permanent regulations. The FAA has 
found the use of an SFAR has been an effective way to gain such 
experience while enabling some degree of operations. The SFAR will 
establish a regulatory structure that leverages existing rules, removes 
operational barriers, and mitigates safety risks for powered-lift. 
Utilizing the SFAR will allow the FAA to observe operations and 
subsequently make any requisite safety improvements in a later 
permanent change to the regulations.
2. Significant Issues Raised in Public Comments in Response to the 
Initial Regulatory Flexibility Act
    The FAA did not receive public comments in response to the Initial 
Regulatory Flexibility Act for the proposed SFAR.
3. A Response to SBA Comments
    The FAA did not receive comments from the SBA in response to the 
Initial Regulatory Flexibility Act provided in the proposed SFAR.
4. Small Entities to Which the Rule Will Apply
    The rule affects operators of powered-lift under parts 91, 135, and 
136, as well as part 141 flight schools and part 142 training centers. 
Part 91 operators conduct operations for non-commercial purposes. Part 
135 operators conduct on-demand operations, which may include a limited 
number of scheduled operations, or commuter operations, and allows an 
unlimited number of scheduled operations as well as on-demand 
operations.\489\ There are specific limitations associated with these 
operations depending on whether they are on-demand or commuter. These 
limitations include the number of passenger seats installed on the 
aircraft, maximum payload limits, and whether turbo-jet aircraft can be 
used in the operation. Part 136 operators conduct commercial air tours.
---------------------------------------------------------------------------

    \489\ www.faa.gov/licenses_certificates/airline_certification/135_certification/general_info.
---------------------------------------------------------------------------

    There are five North American Industry Classification System 
(NAICS) codes for air transportation services based on by type of 
activity conducted. Four of these codes identify a small entity as one 
with 1,500 or fewer employees. The exception is NAICS code 481219, 
which includes ``other

[[Page 92477]]

nonscheduled air transportation.'' Entities falling within this code 
are identified as small if revenues are $22 million or less.\490\ At 
the time of this rule, there were approximately 1,700 part 135 
operators, and 900 part 91 operators. A vast majority of these 
operators are small, and the FAA does not anticipate that they will be 
impacted by this rule. Due to this being an emerging market, the number 
of entities that will be impacted by this rule is uncertain.
---------------------------------------------------------------------------

    \490\ NAICS code 481111--Scheduled Passenger Air Transportation; 
481112--Scheduled Freight Air Transportation; 481211--Nonscheduled 
Passenger Air Transportation; 481212--Nonscheduled Freight Air 
Transportation; 481219--Other Nonscheduled Air Transportation.
---------------------------------------------------------------------------

    Flight training is available through part 141 flight schools or 
part 142 flight centers. Part 141 flight schools train with actual 
aircraft while part 142 flight centers train with flight simulators. 
The FAA notes that NAICS code for flight training is in Sector 61--
Education Services. Specifically, flight training schools are 
identified by code 611512. The Small Business Administration identifies 
entities in this code as small based on revenues of $30 million or 
less.
    There are currently 525 part 141 flight schools and 45 part 142 
training centers. FAA conducted research on the internet to determine 
revenues for these entities. While some of the part 141 flight schools 
are part of a curriculum offered at an institution of higher learning, 
most appear to be private entities, and thus revenues were not publicly 
available. Of the 45 part 142 training centers, 10 have revenues 
greater than $30 million and 22 were identified as having revenues less 
than $30 million. Revenue information for the remaining 13 part 142 
training centers was not readily available. Based on this information, 
it is believed that a majority of flight schools under parts 141 and 
142 are small entities.
5. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements
    Powered-lift manufacturers, air carriers, pilots, and instructors 
have important roles in the development of this sector of the aviation 
industry. The FAA prescribes regulations and minimum standards for 
practices, methods, and procedures necessary for safety in air 
commerce, including airman certificates, type certificates, and air 
operating certificates, as well as the authority to examine and rate 
civilian schools and prescribe regulations to ensure the competency of 
instructors.
    The reporting and recordkeeping requirements imposed by this SFAR 
already exist for manufacturers and operators of airplanes and 
rotorcraft. These requirements will now be applicable to like entities 
that choose to operate powered-lift. These requirements are described 
below.
    First, each operator which seeks to obtain, or is in possession of, 
an air carrier or FAA operating certificate is mandated to comply with 
the requirements of part 135 to determine if the carrier is operating 
in accordance with minimum safety standards. This burden results in 
reporting, recordkeeping, and disclosure requirements. All reporting 
provisions and approval processes can be accomplished electronically, 
including operations and maintenance manuals, crewmember and aircraft 
dispatcher records, maintenance records, and minimum equipment lists. 
However, certain documents, such as passenger briefing cards, must be 
available in paper form for safety reasons. The burden imposed on 
operators by this reporting requirement is proportionate to the size of 
its operation.\491\
---------------------------------------------------------------------------

    \491\ For example, single pilot operations are not required to 
prepare an operations manual or training program which significantly 
reduces the burden. The number of records and required reports are 
proportional to the number of pilots and aircraft used by the 
operator. Further, in several cases, such as for passenger briefings 
or aircraft checklists, commercially produced products are available 
from the aircraft manufacturer.
---------------------------------------------------------------------------

    Next, repair stations certificated under part 145 and passenger-
carrying operators certificated under part 135 are required to submit 
Malfunction or Defect Reports, or Service Difficulty Reports. This data 
identifies mechanical failures, malfunctions, and defects that may be a 
hazard to the operation of an aircraft. When defects are reported that 
are likely to exist on other products of the same or similar design, 
the FAA may disseminate safety information to a particular section of 
the aviation community. These reports are submitted occasionally. The 
submission of information for this requirement is accomplished 
electronically. The FAA has found that this submission of data does not 
have a significant impact on a substantial number of small businesses.
    Lastly, the Application for Pilot School Certification is necessary 
for the FAA to collect information to ensure flight schools will meet 
the minimum acceptable training standards as prescribed by part 141. 
The FAA approves course curricula, training facilities, the chief 
instructor, and any assistant chief instructors, if applicable, for 
each course, and ensures oversight of flight instructors that provide 
training under part 141. Completion of the required items is of minimal 
burden to the respondent due to the simplistic format of the document.
6. Significant Alternatives Considered
    One alternative the FAA considered was to engage in a permanent 
rulemaking to address the introduction of powered-lift in civilian 
operations. However, to date, the FAA lacks sufficient information 
regarding emerging operations to implement permanent regulations. 
Instead, the FAA finds the use of a SFAR to be the most viable option. 
Utilizing the SFAR will allow the FAA to observe operations and 
subsequently make any requisite safety improvements in a later 
permanent change to the regulations.
    Another alternative considered was the number of years the SFAR 
would remain in effect. After contemplating several options, the FAA 
determined ten years to be an appropriate length of time. In selecting 
ten years as the appropriate duration for this SFAR, the FAA considered 
a number of factors, including the length of time it will take to 
initiate operations after the adoption of this rule considering the 
type certification status of the powered-lift that are commercially 
viable. The FAA also considered ten years to be the appropriate length 
of time to collect operational data necessary to complete a subsequent 
rulemaking to implement permanent regulations.

C. International Trade Impact Assessment

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

[[Page 92478]]

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or Tribal government or the private sector to incur direct costs 
in excess of the inflation-adjusted statutory threshold of $183 million 
without the Federal Government having first provided the funds to pay 
those costs. The FAA determined that this rule will not result in the 
expenditure of $183 million or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number.
    This action contains the following amendments to the existing 
information collection requirements previously approved under OMB 
Control Numbers 2120-0009, 2120-0021, 2120-0039, 2120-0600, 2120-0607, 
and 2120-0663. In the Powered-lift NPRM, the FAA included the AQP 
burden in a revision to information collection 2120-0039, Part 135--
Operating Requirements: Commuter and On-Demand Operations and Rules 
Governing Persons on Board such Aircraft, and the FAA discussed the use 
of AQP throughout the NPRM. However, in publishing the NPRM, the FAA 
failed to include those revisions to information collection 2120-0701, 
Advanced Qualification Program (AQP) Subpart Y to part 121. However, 
given the extensive discussion of the use of AQP and the fact that the 
burden had been discussed in the context of information collection 
2120-0039, the FAA believes that the public had sufficient notice of 
this burden revision, and therefore the FAA is revising the burden for 
information collection 2120-0701 in this final rule. As required by the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has 
submitted these information collection amendments to OMB for its 
review.
1. Revision of Existing Information Collection 2120-0701: Advanced 
Qualification Program (AQP) Subpart Y of 14 CFR 121
    Abstract: Certificated air carriers, as well as training centers 
they employ may voluntarily respond to this collection in order obtain 
the benefit of a regulatory alternative for training, checking, 
qualifying, and certifying crewmembers subject to the requirements of 
parts 121 and 135. However, for those part 135 operators conducting 
powered-lift operations with aircraft requiring two pilots by type 
certification the information collection is mandatory.
    Air carriers submit de-identified performance and proficiency data 
that represents the results of an individual's ability to successfully 
demonstrate the performance objectives of each curriculum. This 
information is captured during validation and evaluation gates as a 
crewmember progresses through an AQP curriculum. In general, the 
information is used to provide an improved basis for curriculum 
approval and monitoring, as well as agency decisions concerning air 
carrier training regulation and policy. This collection has reporting 
elements and is reported to the FAA monthly. The FAA has estimated the 
increase in the existing burden for this collection based on one part 
135 operator being required to adhere to an AQP curriculum.

------------------------------------------------------------------------
                                                            Total cost
            Summary  (annual)                Reporting     ($99.93/hour)
------------------------------------------------------------------------
# of Respondents........................               1  ..............
# of Responses per respondent...........              12  ..............
Time per Response.......................         7 Hours  ..............
                                         -------------------------------
    Total burden........................        84 Hours          $8,394
------------------------------------------------------------------------

2. Revision of Existing Information Collection 2120-0039: Operating 
Requirements: Commuter and On-Demand Operation \492\
---------------------------------------------------------------------------

    \492\ Official FAA forecasts related to the operation of 
powered-lift in the NAS have yet to be developed. Thus, forecasts 
for operators of part 135 aircraft and fleet were prepared solely 
for the purpose of estimating the cost of the information 
collections affiliated with this rule and developed using publicly 
available data related to orders and options for powered-lift. Using 
the fleet forecast and an assumption for utilization (i.e., hours 
flown), forecasts for airmen and departures were also developed to 
estimate incremental costs of the paperwork burden.
---------------------------------------------------------------------------

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

[[Page 92479]]



                     Table 14--Three-Year Incremental Burden for 2120-0039 Operating Requirements: Commuter and On-Demand Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Hours-   Hours-   Hours-   Hours-   Hours-     Total        Total
     Section            Section title        Number of    Number of      Total      JobCat   JobCat   JobCat   JobCat   JobCat     burden       burden
                                            respondents   responses    responses     (1)      (2)      (3)      (4)      (5)      (hours)       (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
135.21...........  Manual requirements....            4            5           20      0.5  .......      2.0  .......  .......         50.0       $2,097
135.63...........  Recordkeeping                      2            2            4  .......  .......      1.0  .......  .......          4.0          185
                    requirements-aircraft
                    available for use.
                   Pilot records..........          259            4        1,036      0.1  .......  .......  .......  .......        103.6        2,539
                   Pilot flight & duty....          259          200       51,800      0.1  .......  .......  .......  .......        5,180      126,962
                   Load manifest..........      292,273            1      292,273      0.1  .......  .......  .......  .......       29,227       716,36
135.64...........  Retention of contracts             6           13           78  .......      0.5  .......  .......  .......         39.0        1,514
                    and amendments written.
                   Retention of contracts             6            2           12      0.5  .......  .......  .......  .......          6.0          147
                    and amendments oral.
135.65...........  Reporting manual                   6           75          450  .......  .......  .......  .......      0.3        112.5        7,611
                    irregularities.
135.79...........  Flight locating                    2            1            2  .......  .......      0.5  .......  .......          1.0           46
                    requirements.
135.117..........  Briefing of passengers       292,273            1      292,273  .......  .......  .......  .......     0.03      8,768.2       593,16
                    before flight.
135.179..........  Inoperable instruments             6            1            6      3.0  .......     20.0  .......  .......        138.0        5,996
                    and equipment.
135.227..........  Icing limitations......            6            1            6      5.0  .......     20.0  .......  .......        150.0        6,290
135.325..........  Training program and               6            1            6      5.0  .......     15.0  .......  .......        120.0        4,901
                    revision.
135.415..........  Mechanical reliability           131            1          131  .......  .......  .......      1.0  .......        131.0        6,119
                    reports.
135.417..........  Mechanical interruption            6           12           72  .......  .......  .......      1.0  .......         72.0        3,363
                    summary report.
135.419..........  Approved aircraft                  6            1            6      0.5  .......  .......      1.0  .......          9.0          354
                    inspection program.
135.431..........  Continuing analysis and            6            1            6  .......  .......  .......     70.0  .......        420.0       19,618
                    surveillance.
                   Incremental burden.....  ...........  ...........  ...........  .......  .......  .......  .......  .......       44,531     1,497,27
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

3. Revision of Existing Information Collection 2120-0600: Training and 
Qualification Requirements for Check Airmen and Flight Instructors 
\493\
---------------------------------------------------------------------------

    \493\ See footnote for Revision of Existing Information 
Collection 2120-0039: Operating Requirements: Commuter and On-Demand 
Operation.
---------------------------------------------------------------------------

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

    \494\ The current collection identifies 15,925 respondents 
performing recordkeeping requirements. The 2021 Civil Airmen 
Statistics (source: www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics) shows there are 
121,270 active flight instructors, thus 13.1 percent of the flight 
instructor population (15,925 / 121,270 = .131) perform this 
recordkeeping requirement. Additionally, FAA records show 251 active 
airmen holding a flight instructor certificate with a powered-lift 
rating; thus, it is estimated that 13.1 percent of these airmen are 
affected by the recordkeeping requirement (for a total of 33 
airmen).

  Table 15--Three-Year Burden Estimate for Information Collection 2120-
 0600 \494\ Training and Qualification Requirements for Check Airmen and
                           Flight Instructors
------------------------------------------------------------------------
                                                           Total  burden
------------------------------------------------------------------------
Respondents.............................................              66
Responses per Respondent................................               1
Time per response--15 seconds (in minutes)..............            0.25
                                                         ---------------
    Total incremental time (in minutes).................           16.44
    Total incremental time (in hours)...................            0.27
                                                         ---------------
Cost per hour (Check airman wage plus benefits--per               $87.63
 hour)..................................................
                                                         ---------------
        Total incremental cost..........................          $24.54
------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.


[[Page 92480]]

4. Revision of Existing Information Collection 2120-0663: Service 
Difficulty Report \495\
---------------------------------------------------------------------------

    \495\ See footnote for Revision of Existing Information 
Collection 2120-0039: Operating Requirements: Commuter and On-Demand 
Operation.
---------------------------------------------------------------------------

    Abstract: Service Difficulty Reports (SDRs) may be used by the air 
carrier industry and repair stations to submit mandated reporting of 
occurrences or detection of failures, malfunctions, or defects and can 
be submitted in an electronic format. Repair stations certificated 
under part 145 and passenger-carrying operators certificated under part 
135 are required to submit Malfunction or Defect Reports, or Service 
Difficulty Reports. Report information is collected and collated by the 
FAA and used to determine service performance of aeronautical products. 
When defects are reported which are likely to exist on other products 
of the same or similar design, the FAA may disseminate safety 
information to a particular section of the aviation community. The FAA 
also may adopt new regulations or issue Airworthiness Directives (ADs) 
to address a specific problem.\496\ The regulations enhance air carrier 
safety by collecting additional and timelier data pertinent to critical 
aircraft components. This data identifies mechanical failures, 
malfunctions, and defects that may be a hazard to the operation of an 
aircraft. Reports are submitted on occasion.
---------------------------------------------------------------------------

    \496\ ADs are mandatory repair or modifications essential for 
the prevention of accidents.
---------------------------------------------------------------------------

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

    \497\ Costs are based upon a private industry hourly wage of 
$25.18. The fully-burdened wage is $35.90 and includes employee 
compensation related to benefits that is estimated to be 30.0 
percent of the fully-burdened wage. (Source: Bureau of Labor 
Statistics, Employer Costs for Employee Compensation www.bls.gov/news.release/pdf/ecec.pdf by month).

       Table 16--Three-Year Burden Estimate for Information Collection 2120-0663 Service Difficulty Report
----------------------------------------------------------------------------------------------------------------
                     Summary  (three years)                          Reporting     Recordkeeping    Disclosure
----------------------------------------------------------------------------------------------------------------
Number of Respondents...........................................               4  ..............  ..............
Number of Responses per respondent..............................               1  ..............  ..............
Time per Response...............................................           0.667  ..............  ..............
Total Number of responses.......................................               4  ..............  ..............
Total Burden (hours)............................................             2.7  ..............  ..............
Total Burden (cost) \497\.......................................           $95.8  ..............  ..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

5. Revision of Existing Information Collection 2120-0009: Application 
for Pilot School Certification
    Abstract: This information is reported and recorded by part 141 
certificated pilot schools seeking to maintain their Air Agency 
Certification. Uncertificated pilot schools seeking certification as a 
part 141 pilot school are also required by part 141 to report 
information to the FAA and keep specific records. Part 141 pilot 
schools train private, commercial, flight instructor, and ATPs, along 
with training for associated ratings in various types of aircraft. The 
information collected becomes a part of the FAA's official records and 
is only used by the FAA for certification, compliance, enforcement, and 
for accidents, incidents, reports of noncompliance, safety programs, or 
other circumstances requiring reference to records. The requirements of 
part 141 include reporting and recordkeeping. The FAA has estimated the 
increase in the existing burden for this collection based on one new 
applicant per year for part 141 certification and one renewal.
---------------------------------------------------------------------------

    \498\ The FAA believes that the responses to this information 
collection will be performed by flight instructors and similar 
personnel at certificated pilot schools. The median hourly wage for 
these occupations is $27.38. The FAA multiplied this base hourly 
rate by 1.309, representing a load factor of 30.9%, and a fully 
loaded wage of $35.84.

  Table 17--Three-Year Burden Estimate for Information Collection 2120-0009 \498\ Application for Pilot School
                                                  Certification
----------------------------------------------------------------------------------------------------------------
                                                   Time/response                    Total time      Labor cost
            Section                Burden type        (hours)        Responses        (hours)       ($35.84/hr)
----------------------------------------------------------------------------------------------------------------
Sec.   141.13, Application....  Reporting.......             0.5               4             2.0             $72
Sec.   141.53, Training course  Reporting.......            25.0               3            75.0           2,688
 outline.
Sec.   141.63, Application for  Reporting.......            20.0               3            60.0           2,150
 examining authority.
Sec.   141.87, Change of chief  Reporting.......             0.1               3             0.3              11
 instructor.
Sec.   141.110, Training        Record-keeping..              50               3             150           5,376
 records.
                               ---------------------------------------------------------------------------------
    Total.....................  ................  ..............  ..............           287.3          10,297
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

6. Revision of Existing Information Collection 2120-0021: Airman 
Certificate and/or Rating Application
    Abstract: The Airman certificate and/or Rating Application form and 
the required records, logbooks and statements required by part 61 are 
submitted to Federal Aviation Administration (FAA) Flight Standards 
District Offices or its representatives to determine qualifications of 
the applicant for issuance of a pilot or instructor certificate, or 
rating or authorization. If the information collection was not 
conducted, the FAA would be unable to issue the appropriate 
certificates and ratings. The

[[Page 92481]]

information collected becomes a part of the FAA's official records and 
is only used by the FAA for certification, compliance, enforcement, and 
for accidents, incidents, reports of noncompliance, safety programs, or 
other circumstances requiring reference to records. The requirements of 
part 61 include reporting and recordkeeping.

Table 18--Three-Year Burden Estimate for Information Collection 2120-0021 \499\ Airman Certificate and/or Rating
                                                   Application
----------------------------------------------------------------------------------------------------------------
                                     Time per
             Section                 response        Responses       Reporting     Recordkeeping    Total cost
                                      (hours)                         (hours)         (hours)       (15.40/hr)
----------------------------------------------------------------------------------------------------------------
61.13...........................            0.10             171            17.1  ..............            $263
61.39...........................            0.05             171             8.6  ..............             132
61.49...........................            0.05               1             0.1  ..............               1
61.51...........................            1.00              44  ..............            44.4             684
61.56(a)........................            0.10              44             4.4  ..............              68
61.57...........................            0.10             171  ..............            17.1             263
61.87...........................            0.05             171  ..............             8.6             132
61.93...........................            0.10             171  ..............            17.1             263
61.185..........................            0.10              29  ..............             2.9              44
61.189..........................            1.00              29  ..............            28.8             443
61.197..........................            0.10              29             2.9  ..............              44
                                 -------------------------------------------------------------------------------
    Totals......................  ..............           1,031              33             119           2,339
----------------------------------------------------------------------------------------------------------------

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. As discussed 
in the preamble of this SFAR, the FAA intends to follow ICAO standards 
for powered-lift where practicable. However, the FAA's initial approach 
has differences to the ICAO published Standards and Recommended 
Practices, including the transitional measures outlined by ICAO in 
Annex 1, Section 2.1.1.4. As documented throughout the preamble, the 
SFAR provides an equivalent level of safety which meets or exceeds the 
ICAO Standards. Any identified differences to current or future ICAO 
standards will be documented and published in accordance with the FAA 
ICAO Difference procedures.
---------------------------------------------------------------------------

    \499\ To calculate the economic burden on respondents, the FAA 
uses an hourly rate of $15.40. This is an all-purpose travel-time 
rate, which is appropriate for this ICR because respondents 
represent a wide array of occupations and are often performing their 
reporting or recordkeeping activities on their own time. The travel-
time rate is derived from Department of Transportation guidance 
(www.faa.gov/regulations_policies/policy_guidance/benefit_cost/), 
modified by a Consumer Price Index for all Urban Consumers (CPI-U) 
value calculated by the Minneapolis Fed (www.faa.gov/regulations_policies/policy_guidance/benefit_cost/). The FAA is not 
applying a load factor for overhead or benefits, because, as noted, 
these activities are typically not performed as part of a 
respondent's job or occupation.
---------------------------------------------------------------------------

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

H. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the Administrator, when modifying 14 CFR regulations in 
a manner affecting intrastate aviation in Alaska, to consider the 
extent to which Alaska is not served by transportation modes other than 
aviation, and to establish appropriate regulatory distinctions. Because 
this final rule will apply to operations of powered-lift that could 
occur throughout the territorial airspace of the United States, it 
could, if adopted, affect intrastate aviation in Alaska.

I. Congressional Review Act

    As required by 5 U.S.C. 801, FAA will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is a ``major rule'' as 
defined by 5 U.S.C. 804(2).

XIX. Executive Order Determinations

A. Executive Order 14036, Promoting Competition in the United States 
Economy

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 14036, Promoting Competition in the United States 
Economy. The FAA finds that this action promotes competition by 
enabling powered-lift to enter the market. The FAA anticipates that 
powered-lift will compete with surface transportation modes in 
congested intra-city areas for those passengers that want the benefits 
of convenient and shorter travel times compared to traditional intra-
city travel modes that are currently available.
    Additionally, the integration of powered-lift into the NAS will 
foster competition between powered-lift, airplanes, and helicopters 
with respect to passenger-carrying operations and cargo operations, 
which will benefit American travelers, consumers, and businesses. By 
enabling the safe integration of powered-lift into the NAS, the rule 
facilitates innovations that foster United States market leadership and 
airspace access to promote competition and economic opportunity, while 
also ensuring safety and safety oversight.

B. Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government. The FAA sought 
comment on advancing equity and supporting underserved communities. A 
number of comments related to such underserved communities benefiting 
from AAM more broadly, with powered-lift being mentioned as potentially 
providing

[[Page 92482]]

greater opportunities for air transportation to rural, remote, and 
underserved communities. These commenters supported the integration of 
powered-lift as they believe powered-lift would enhance connectivity, 
increase the coverage of affordable and efficient transportation, 
provide economic stimulation, and improve access to emergency services 
for these communities and regions. Additionally, commenters supported 
allowing military pilots to obtain a rating for a powered-lift they 
have operated in the military. Commenters said this provision will 
support diversity in the workforce and increase the share of powered-
lift operations to which the civilian market has access. Consistent 
with Executive Order 13985, the FAA has analyzed this rule to assess 
whether, and to what extent, it may perpetuate systemic barriers to 
opportunities and benefits for underserved communities and their 
members. The FAA finds that the rule to enable the certification of 
powered-lift pilots and safe powered-lift operations could advance 
equity for historically disadvantaged communities by expanding their 
access to goods and services.

C. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, will not have federalism 
implications.

D. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\500\ and FAA Order 
1210.20, American Indian and Alaska Native Tribal Consultation Policy 
and Procedures,\501\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes; or to affect uniquely or significantly 
their respective Tribes. The FAA has not identified any unique or 
significant effects, environmental or otherwise, on Tribes resulting 
from this final rule.
---------------------------------------------------------------------------

    \500\ 65 FR 67249 (Nov. 6, 2000).
    \501\ FAA Order No. 1210.20 (Jan. 28, 2004), available at 
www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

E. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FAA has determined that it is not a 
``significant energy action'' under the executive order and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

F. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
Executive Order 13609 and has determined that this action would have no 
effect on international regulatory cooperation.

XX. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this final rule, and all 
background material may be viewed online at www.regulations.gov using 
the docket number listed above. A copy of this final rule will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at 
www.federalregister.gov and the Government Publishing Office's website 
at www.govinfo.gov. A copy may also be found at the FAA's Regulations 
and Policies website at www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official, or the person listed under 
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the 
preamble. To find out more about SBREFA on the internet, visit 
www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 11

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 60

    Airmen, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Recreation and recreation areas, 
Reporting and recordkeeping requirements, Security measures, Teachers.

14 CFR Part 91

    Agriculture, Air carriers, Air taxi, Air traffic control, Air 
transportation, Aircraft, Airmen, Airports, Aviation safety, Charter 
flights, Freight, Reporting and recordkeeping requirements, Security 
measures, Transportation.

14 CFR Part 97

    Air traffic control, Airports, Navigation (air), Weather.

14 CFR Part 111

    Administrative practice and procedure, Air carriers, Air 
transportation, Air taxi, Aircraft, Airmen, Alcohol abuse, Aviation 
safety, Charter flights, Drug abuse, Reporting and recordkeeping 
requirements.

14 CFR Part 135

    Air carriers, Air taxi, Air transportation, Aircraft, Airmen,

[[Page 92483]]

Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 136

    Air transportation, Aircraft, Aviation safety, National parks, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

14 CFR Part 142

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools, Teachers.

14 CFR Part 194

    Air carriers, Air traffic control, Air transportation, Aircraft, 
Airmen, Airports, Aviation safety, Charter flights, Freight, 
Incorporation by reference, Navigation (air), Recreation and recreation 
areas, Reporting and recordkeeping requirements, Teachers, Schools.

The Amendment

    For the reasons discussed in the preamble, the Federal Aviation 
Administration amends 14 CFR chapter I of title 14, Code of Federal 
Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 44701.


0
2. Amend Sec.  1.1 by revising the introductory text and the definition 
of ``Autorotation'' to read as follows:


Sec.  1.1  General definitions.

    As used in this chapter, unless the context requires otherwise:
* * * * *
    Autorotation means a rotorcraft or powered-lift flight condition in 
which the lifting rotor is driven entirely by action of the air when 
the rotorcraft or powered-lift is in motion.
* * * * *


0
3. Amend Sec.  1.2 by revising the introductory text to read as 
follows:


Sec.  1.2  Abbreviations and symbols.

    In this chapter:
* * * * *


0
4. Amend Sec.  1.3 by revising paragraphs (a) introductory text and (b) 
introductory text to read as follows:


Sec.  1.3  Rules of construction.

    (a) In this chapter, unless the context requires otherwise:
* * * * *
    (b) In this chapter, the word:
* * * * *

PART 11--GENERAL RULEMAKING PROCEDURES

0
5. The authority citation for part 11 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40101, 40103, 40105, 40109, 40113, 
44110, 44502, 44701-44702, 44711, 46102, and 51 U.S.C. 50901-50923.


0
6. In Sec.  11.201 amend the table in paragraph (b) by adding the entry 
``Part 194'' in numerical order to read as follows:


Sec.  11.201  Office of Management and Budget (OMB) control numbers 
assigned under the Paperwork Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
 14 CFR part or section identified and
               described                     Current OMB control No.
------------------------------------------------------------------------
 
                              * * * * * * *
Part 194...............................  2120-0009, 2120-0021, 2120-
                                          0039, 2120-0600, 2120-0607,
                                          2120-0663, 2120-0701.
 
                              * * * * * * *
------------------------------------------------------------------------

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND 
ALTERATION

0
7. The authority citation for part 43 continues to read as follows:

    Authority:  42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40105, 
40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.


0
8. Amend Sec.  43.1 by adding paragraph (e) to read as follows:


Sec.  43.1  Applicability.

* * * * *
    (e) Additional applicability of maintenance provisions for powered-
lift is set forth in part 194 of this chapter.

PART 60--FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING 
QUALIFICATION AND USE

0
9. The authority citation for part 60 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, and 44701; Pub. L. 
111-216, 124 Stat. 2348 (49 U.S.C. 44701 note).

0
10. Amend Sec.  60.1 by revising paragraph (a) to read as follows:


Sec.  60.1  Applicability.

    (a) This part prescribes the rules governing the initial and 
continuing qualification and use of all aircraft flight simulation 
training devices (FSTD) used for meeting training, evaluation, or 
flight experience requirements of this chapter for flight crewmember 
certification or qualification. Additional requirements for FSTD 
representing powered-lift are set forth in part 194 of this chapter.
* * * * *

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
11. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302; sec. 2307, Pub. L. 
114-190, 130 Stat. 615 (49 U.S.C. 44703 note); and sec. 318, Pub. L. 
115-254, 132 Stat. 3186 (49 U.S.C. 44703 note).

PART 61 [AMENDED]

0
12. In part 61, revise all references to ``cross-country flight time'' 
to read ``cross-country time''.

0
13. Amend Sec.  61.1 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b) in the definition of ``Cross-country time'', 
revising paragraph (i) introductory text.
    The revisions read as follows:


Sec.  61.1  Applicability and definitions.

    (a) Except as provided in parts 107 and 194 of this chapter, this 
part prescribes:
    (1) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings; the conditions under which 
those certificates and ratings are necessary; and the privileges and 
limitations of those certificates and ratings.

[[Page 92484]]

    (2) The requirements for issuing pilot, flight instructor, and 
ground instructor authorizations; the conditions under which those 
authorizations are necessary; and the privileges and limitations of 
those authorizations.
    (3) The requirements for issuing pilot, flight instructor, and 
ground instructor certificates and ratings for persons who have taken 
courses approved by the Administrator under other parts of this 
chapter.
    (b) * * *
    Cross-country time * * *
    (i) Except as provided in paragraphs (ii) through (vii) of this 
definition, time acquired during flight--
* * * * *

0
14. Amend Sec.  61.3 by revising paragraphs (e)(1) and (2), (f)(2)(i) 
and (ii), and (g)(2)(i) and (ii) to read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (e) * * *
    (1) The appropriate aircraft category, class, type (if a class or 
type rating is required), and instrument rating on that person's pilot 
certificate for any airplane, helicopter, or powered-lift being flown;
    (2) An airline transport pilot certificate with the appropriate 
aircraft category, class, and type rating (if a class or type rating is 
required) for the aircraft being flown;
* * * * *
    (f) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a 
class rating is required) for that aircraft and an instrument rating 
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings (if a class rating is required) for that aircraft; or
* * * * *
    (g) * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings (if a 
class rating is required) for that aircraft and an instrument rating 
for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings (if a class rating is required) for that aircraft; or
* * * * *

0
15. Amend Sec.  61.5 by:
0
a. Redesignating paragraphs (b)(7)(iii) and (iv) as paragraphs 
(b)(7)(iv) and (b)(9), respectively; and
0
b. Adding new paragraph (b)(7)(iii).
    The addition reads as follows:


Sec.  61.5  Certificates and ratings issued under this part.

* * * * *
    (b) * * *
    (7) * * *
    (iii) Powered-lift.
* * * * *

0
16. Amend Sec.  61.31 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(4);
0
b. Adding new paragraph (a)(3); and
0
c. Revising paragraph (l)(1).
    The revisions and addition read as follows:


Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

    (a) * * *
    (3) Powered-lift.
* * * * *
    (l) * * *
    (1) This section does not require a pilot to hold category and 
class ratings for an aircraft that is not identified by category or 
class under Sec.  61.5(b).
* * * * *

0
17. Amend Sec.  61.39 by revising paragraph (a)(3) to read as follows:


Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (3) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought, and:
    (i) If applying for the practical test with flight time 
accomplished under Sec.  61.159(c), present a copy of the records 
required by Sec.  135.63(a)(4)(vi) and (x) of this chapter; or
    (ii) If applying for a practical test for the issuance of an 
initial category and class rating (if a class rating is required) at 
the private, commercial, or airline transport pilot certificate level 
in an aircraft that requires a type rating or a flight simulator or 
flight training device that represents an aircraft that requires a type 
rating, meet the eligibility requirements for the type rating or 
already hold the type rating on their pilot certificate;
* * * * *

0
18. Amend Sec.  61.43 by adding paragraph (g) to read as follows:


Sec.  61.43  Practical tests: General procedures.

* * * * *
    (g) A practical test for an airline transport pilot certificate 
with category and class rating (if a class rating is required) in an 
aircraft that requires a type rating or in a flight simulation training 
device that represents an aircraft that requires a type rating includes 
the same tasks and maneuvers as a practical test for a type rating.

0
19. Amend Sec.  61.45 by revising paragraphs (a)(1)(i) and (a)(2)(ii) 
to read as follows:


Sec.  61.45  Practical tests: Required aircraft and equipment.

    (a) * * *
    (1) * * *
    (i) Is of the category, class, and type (if a class or type rating 
is required) for which the applicant is applying for a certificate or 
rating; and
* * * * *
    (2) * * *
    (ii) An aircraft of the same category, class, and type (if a class 
or type rating is required) of foreign registry that is properly 
certificated by the country of registry; or
* * * * *

0
20. Amend Sec.  61.47 by revising the section heading and adding 
paragraph (d) to read as follows:


Sec.  61.47  Status and responsibilities of an examiner who is 
authorized by the Administrator to conduct practical tests.

* * * * *
    (d) An examiner may not conduct a practical test for the issuance 
of an initial category and class rating (if a class rating is required) 
at the private, commercial, or airline transport pilot certificate 
level in an aircraft that requires a type rating or a flight simulator 
or flight training device that represents an aircraft that requires a 
type rating unless:
    (1) The applicant meets the eligibility requirements for a type 
rating in that aircraft or already holds that type rating on their 
certificate; and
    (2) The practical test contains the tasks and maneuvers for a type 
rating specified in the areas of operation at the airline transport 
pilot certification level.

0
21. Amend Sec.  61.51 by revising paragraph (f)(2) to read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (f) * * *
    (2) Holds the appropriate category, class, and instrument rating 
(if a class or instrument rating is required for the flight) for the 
aircraft being flown, and more than one pilot is required under the 
type certification of the aircraft or the regulations under which the 
flight is being conducted; or
* * * * *

0
22. Amend Sec.  61.55 by revising paragraph (a) to read as follows:

[[Page 92485]]

Sec.  61.55  Second-in-command qualifications.

    (a) A person may serve as a second-in-command of an aircraft type 
certificated for more than one required pilot flight crewmember or in 
operations requiring a second-in-command pilot flight crewmember only 
if that person meets the following requirements:
    (1) Holds at least a private pilot certificate with the appropriate 
category and class rating;
    (2) Holds an instrument rating or privilege that applies to the 
aircraft being flown if the flight is under IFR;
    (3) Holds at least a pilot type rating for the aircraft being flown 
unless the flight will be conducted as domestic flight operations 
within the United States airspace; and
    (4) If serving as second-in-command of a powered-lift, satisfies 
the requirements specified in Sec.  194.209 of this chapter.
* * * * *

0
23. Amend Sec.  61.57 by revising paragraphs (a)(1)(ii), (b)(1)(ii), 
and (g)(1) and (4) to read as follows:


Sec.  61.57  Recent flight experience: Pilot in command.

    (a) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a class or type 
rating is required), and, if the aircraft to be flown is an airplane 
with a tailwheel, the takeoffs and landings must have been made to a 
full stop in an airplane with a tailwheel.
* * * * *
    (b) * * *
    (1) * * *
    (ii) The required takeoffs and landings were performed in an 
aircraft of the same category, class, and type (if a class or type 
rating is required).
* * * * *
    (g) * * *
    (1) An Examiner who is qualified to perform night vision goggle 
operations in that same aircraft category and class (if a class rating 
is required);
* * * * *
    (4) An authorized flight instructor who is qualified to perform 
night vision goggle operations in that same aircraft category and class 
(if a class rating is required);
* * * * *


Sec.  61.63  [Amended]

0
24. Amend Sec.  61.63 by removing and reserving paragraph (h).

0
25. Amend Sec.  61.64 by revising paragraphs (a)(1) and (e), (f) 
introductory text, and (g)(1) to read as follows:


Sec.  61.64  Use of a flight simulator and flight training device.

    (a) * * *
    (1) Must represent the category, class, and type (if a class or 
type rating is applicable) for the rating sought; and
* * * * *
    (e) Except as provided in paragraph (f) of this section, if a 
powered-lift is not used during the practical test for a type rating in 
a powered-lift (except for preflight inspection), an applicant must 
accomplish the entire practical test in a Level C or higher flight 
simulator and have 500 hours of flight time in the type of powered-lift 
for which the rating is sought.
    (f) If the applicant does not meet one of the experience 
requirements of paragraphs (b)(1) through (5), paragraphs (c)(1) 
through (5), paragraphs (d)(1) through (4), or paragraph (e) of this 
section, as appropriate to the type rating sought, then--
* * * * *
    (g) * * *
    (1) Performs 25 hours of flight time in an aircraft of the 
appropriate category, class (if a class rating is required), and type 
for which the limitation applies under the direct observation of the 
pilot in command who holds a category, class (if a class rating is 
required), and type rating, without limitations, for the aircraft;
* * * * *

0
26. Amend Sec.  61.109 by revising paragraph (e)(5) introductory text 
to read as follows:


Sec.  61.109  Aeronautical experience.

* * * * *
    (e) * * *
    (5) 10 hours of solo flight time in a powered-lift consisting of at 
least--
* * * * *

0
27. Amend Sec.  61.163 by adding paragraphs (c), (d), and (e) to read 
as follows:


Sec.  61.163  Aeronautical experience: Powered-lift category rating.

* * * * *
    (c) Flight time logged under Sec.  61.159(c) may be counted toward 
the 1,500 hours of total time as a pilot required by paragraph (a) of 
this section and the flight time requirements of paragraphs (a)(1), 
(2), and (4) of this section.
    (d) An applicant who credits time under paragraph (c) of this 
section is issued an airline transport pilot certificate with the 
limitation ``Holder does not meet the pilot in command aeronautical 
experience requirements of ICAO,'' as prescribed under Article 39 of 
the Convention on International Civil Aviation.
    (e) An applicant is entitled to an airline transport pilot 
certificate without the ICAO limitation specified under paragraph (d) 
of this section when the applicant presents satisfactory evidence of 
having met the ICAO requirements under paragraph (d) of this section 
and otherwise meets the aeronautical experience requirements of this 
section.


Sec.  61.165  [Amended]

0
28. Amend Sec.  61.165 by removing paragraph (g).

0
29. Amend Sec.  61.167 by revising the introductory text of paragraph 
(a)(2) to read as follows:


Sec.  61.167  Airline transport pilot privileges and limitations.

    (a) * * *
    (2) A person who holds an airline transport pilot certificate and 
has met the aeronautical experience requirements of Sec.  61.159, 
61.161, or 61.163, and the age requirements of Sec.  61.153(a)(1) may 
instruct--
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
30. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40101, 40103, 40105, 40113, 40120, 
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 
47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 
note); articles 12 and 29 of the Convention on International Civil 
Aviation (61 Stat. 1180), (126 Stat. 11).

0
31. Amend Sec.  91.1 by revising paragraph (d) and adding paragraph (g) 
to read as follows:


Sec.  91.1  Applicability.

* * * * *
    (d) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each aircraft.
* * * * *
    (g) Additional requirements for powered-lift operations are set 
forth in part 194 of this chapter.

0
32. Amend Sec.  91.113 by revising paragraph (d) to read as follows:


Sec.  91.113  Right-of-way rules: Except water operations.

* * * * *
    (d) Converging. When aircraft of the same category are converging 
at approximately the same altitude (except head-on, or nearly so), the 
aircraft to the other's right has the right-of-way. If the aircraft are 
of different categories--

[[Page 92486]]

    (1) A balloon has the right-of-way over any other category of 
aircraft;
    (2) A glider has the right-of-way over an airship, powered 
parachute, weight-shift-control aircraft, airplane, powered-lift, or 
rotorcraft.
    (3) An airship has the right-of-way over a powered parachute, 
weight-shift-control aircraft, airplane, powered-lift, or rotorcraft.
    (4) An aircraft towing or refueling other aircraft has the right-
of-way over all other engine-driven aircraft.
* * * * *


Sec.  91.205  [Amended]

0
33. Amend Sec.  91.205 in the section headings and paragraph (a) by 
removing the phrase ``standard category'' and adding in its place the 
word ``standard''.

0
34. Amend Sec.  91.903 by revising paragraph (a) to read as follows:


Sec.  91.903  Policy and procedures.

    (a) The Administrator may issue a certificate of waiver authorizing 
the operation of aircraft in deviation from any rule listed in this 
subpart or any rule listed in this subpart as modified by subpart C of 
part 194 of this chapter if the Administrator finds that the proposed 
operation can be safely conducted under the terms of that certificate 
of waiver.
* * * * *

0
35. Amend Sec.  91.1053 by revising paragraph (a)(2)(i) to read as 
follows:


Sec.  91.1053  Crewmember experience.

    (a) * * *
    (2) * * *
    (i) Pilot in command--Airline transport pilot and applicable type 
ratings not limited to VFR only.
* * * * *


Sec.  91.1115  [Amended]

0
36. Amend Sec.  91.1115(b)(1) by removing the word ``airplane'' and 
adding in its place the word ``aircraft''.

PART 97--STANDARD INSTRUMENT PROCEDURES

0
37. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 
40114, 40120, 44502, 44514, 44701, 44719, and 44721-44722.

0
38. Amend Sec.  97.1 by adding paragraph (c) to read as follows:


Sec.  97.1  Applicability.

* * * * *
    (c) Additional applicability of copter procedures for powered-lift 
is set forth in part 194 of this chapter.

PART 111--PILOT RECORDS DATABASE

0
39. The authority citation for part 111 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 
44703, 44711, 46105, 46301.

0
40. Amend Sec.  111.1 by revising paragraph (b)(4) introductory text 
and adding paragraph (b)(4)(iii) to read as follows:


Sec.  111.1  Applicability.

* * * * *
    (b) * * *
    (4) Each operator that operates two or more aircraft described in 
paragraph (b)(4)(i), (ii), or (iii) of this section, in furtherance of 
or incidental to a business, solely pursuant to the general operating 
and flight rules in part 91 of this chapter, or that operates aircraft 
pursuant to a Letter of Deviation Authority issued under Sec.  125.3 of 
this chapter.
* * * * *
    (iii) Large powered-lift.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
41. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 41706, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; Pub. L. 
112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
42. Amend Sec.  135.1 by adding paragraph (d) to read as follows:


Sec.  135.1  Applicability.

* * * * *
    (d) Additional requirements for powered-lift operations, training, 
checking, and testing, are set forth in part 194 of this chapter.

0
43. Amend Sec.  135.100 by:
0
a. Adding paragraph (d); and
0
b. Removing the note at the end of the section.
    The addition reads as follows:


Sec.  135.100  Flight crewmember duties.

* * * * *
    (d) For the purposes of this section, taxi is defined as movement 
of an aircraft under its own power on the surface of an airport and 
includes hover taxi which is movement of a helicopter or any vertical 
takeoff and landing aircraft conducted above the surface and in ground 
effect at airspeeds less than approximately 20 knots, and air taxi 
which is movement of a helicopter or any vertical takeoff and landing 
aircraft conducted above the surface but normally not above 100 feet 
AGL.

0
44. Amend Sec.  135.152 by revising paragraph (j) to read as follows:


Sec.  135.152  Flight data recorders.

* * * * *
    (j) For all turbine-engine-powered airplanes with a seating 
configuration, excluding any required crewmember seat, of 10 to 30 
passenger seats, that are manufactured after August 19, 2002, the 
parameters listed in paragraphs (h)(1) through (88) of this section 
must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in appendix F to this part.
* * * * *


Sec.  135.165  [Amended]

0
45. Amend Sec.  135.165 by removing the reference ``part 119'' in the 
introductory text of paragraph (d) and adding in its place the 
reference ``part 110''.

0
46. Amend Sec.  135.179 by revising paragraph (b)(1) to read as 
follows:


Sec.  135.179  Inoperable instruments and equipment.

* * * * *
    (b) * * *
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
aircraft is type certificated and which are essential for safe 
operations under all operating conditions.
* * * * *

0
47. Amend Sec.  135.243 by revising and republishing paragraphs (a) 
through (c) to read as follows:


Sec.  135.243  Pilot in command qualifications.

    (a) No certificate holder may use a person, nor may any person 
serve, as pilot in command in passenger-carrying operations-
    (1) Of a turbojet airplane, of an airplane having a passenger-seat 
configuration, excluding each crewmember seat, of 10 seats or more, or 
of a multiengine airplane in a commuter operation as defined in part 
110 of this chapter, unless that person holds an airline transport 
pilot certificate with appropriate category and class ratings and, if 
required, an appropriate type rating for that airplane.
    (2) Of a helicopter in a scheduled interstate air transportation 
operation by an air carrier within the 48 contiguous states unless that 
person holds an airline transport pilot certificate, appropriate type 
ratings, and an instrument rating.
    (3) Of a turbojet-powered powered-lift, of a powered-lift having a

[[Page 92487]]

passenger-seat configuration, excluding each crewmember seat, of 10 
seats or more, or of a powered-lift in a commuter operation as defined 
in part 110 of this chapter, unless that person holds an airline 
transport pilot certificate with appropriate category rating, and 
appropriate type rating not limited to VFR for that powered-lift.
    (b) Except as provided in paragraph (a) of this section, no 
certificate holder may use a person, nor may any person serve, as pilot 
in command of an aircraft under VFR unless that person-
    (1) Holds at least a commercial pilot certificate with appropriate 
category and class ratings; an appropriate type rating for that 
aircraft, if required; and for a powered-lift, a type rating for that 
aircraft not limited to VFR; and
    (2) Has had at least 500 hours' time as a pilot, including at least 
100 hours of cross-country flight time, at least 25 hours of which were 
at night; and
    (3) For an airplane, holds an instrument rating or an airline 
transport pilot certificate with an airplane category rating; or
    (4) For helicopter operations conducted VFR over-the-top, holds a 
helicopter instrument rating, or an airline transport pilot certificate 
with a category and class rating for that aircraft, not limited to VFR; 
or
    (5) For a powered-lift, holds an instrument-powered-lift rating or 
an airline transport pilot certificate with a powered-lift category 
rating.
    (c) Except as provided in paragraph (a) of this section, no 
certificate holder may use a person, nor may any person serve, as pilot 
in command of an aircraft under IFR unless that person-
    (1) Holds at least a commercial pilot certificate with appropriate 
category and class ratings, and if required, an appropriate type rating 
for that aircraft (the type rating for powered-lift may not be limited 
to VFR); and
    (2) Has had at least 1,200 hours of flight time as a pilot, 
including 500 hours of cross country flight time, 100 hours of night 
flight time, and 75 hours of actual or simulated instrument time at 
least 50 hours of which were in actual flight; and
    (3) For an airplane, holds an instrument rating or an airline 
transport pilot certificate with an airplane category rating; or
    (4) For a helicopter, holds a helicopter instrument rating, or an 
airline transport pilot certificate with a category and class rating 
for that aircraft, not limited to VFR; or
    (5) For a powered-lift, holds an instrument-powered-lift rating or 
an airline transport pilot certificate with a powered-lift category 
rating.
* * * * *


Sec.  135.244  [Amended]

0
48. Amend Sec.  135.244 by removing the reference ``part 119'' in the 
introductory text of paragraph (a) and adding in its place the 
reference ``part 110''.

0
49. Amend Sec.  135.245 by revising the introductory text of paragraph 
(c)(1) to read as follows:


Sec.  135.245  Second in command qualifications.

* * * * *
    (c) * * *
    (1) Use of an airplane, powered-lift, or helicopter for maintaining 
instrument experience. Within the 6 calendar months preceding the month 
of the flight, that person performed and logged at least the following 
tasks and iterations in-flight in an airplane, powered-lift, or 
helicopter, as appropriate, in actual weather conditions, or under 
simulated instrument conditions using a view-limiting device:
* * * * *

0
50. Amend Sec.  135.293 by:
0
a. Revising paragraphs (a)(9), (b), and (c); and
0
b. Removing and reserving paragraph (h).
    The revisions read as follows:


Sec.  135.293  Initial and recurrent pilot testing requirements.

    (a) * * *
    (9) For rotorcraft and powered-lift pilots, procedures for aircraft 
handling in flat-light, whiteout, and brownout conditions, including 
methods for recognizing and avoiding those conditions.
    (b) No certificate holder may use a pilot, nor may any person serve 
as a pilot, in any aircraft unless, since the beginning of the 12th 
calendar month before that service, that pilot has passed a competency 
check given by the Administrator or an authorized check pilot in that 
class of aircraft, if single-engine airplane other than turbojet, or 
that type of aircraft, if helicopter, multiengine airplane, turbojet 
airplane, or powered-lift to determine the pilot's competence in 
practical skills and techniques in that aircraft or class of aircraft. 
The extent of the competency check shall be determined by the 
Administrator or authorized check pilot conducting the competency 
check. The competency check may include any of the maneuvers and 
procedures currently required for the original issuance of the 
particular pilot certificate required for the operations authorized and 
appropriate to the category, class and type of aircraft involved. For 
the purposes of this paragraph (b), type, as to an airplane means any 
one of a group of airplanes determined by the Administrator to have a 
similar means of propulsion, the same manufacturer, and no 
significantly different handling or flight characteristics. For the 
purposes of this paragraph (b), type, as to a helicopter, means a basic 
make and model.
    (c) Each competency check given in a rotorcraft or powered-lift 
must include a demonstration of the pilot's ability to maneuver the 
rotorcraft or powered-lift solely by reference to instruments. The 
check must determine the pilot's ability to safely maneuver the 
rotorcraft or powered-lift into visual meteorological conditions 
following an inadvertent encounter with instrument meteorological 
conditions. For competency checks in non-IFR-certified rotorcraft or 
powered-lift, the pilot must perform such maneuvers as are appropriate 
to the rotorcraft's or powered-lift's installed equipment, the 
certificate holder's operations specifications, and the operating 
environment.
* * * * *

0
51. Amend Sec.  135.297 by revising paragraphs (c)(1)(i) and (ii) and 
(g)(3) to read as follows:


Sec.  135.297  Pilot in command: Instrument proficiency check 
requirements.

* * * * *
    (c) * * *
    (1) * * *
    (i) For a pilot in command of an aircraft under Sec.  135.243(a), 
include the procedures and maneuvers for an airline transport pilot 
certificate in the particular type of aircraft, if appropriate; and
    (ii) For a pilot in command of an aircraft under Sec.  135.243(c), 
include the procedures and maneuvers for a commercial pilot certificate 
with an instrument rating and, if required, for the appropriate type 
rating.
* * * * *
    (g) * * *
    (3) Each pilot taking the autopilot check must show that, while 
using the autopilot:
    (i) The airplane or powered-lift can be operated as proficiently as 
it would be if a second in command were present to handle air-ground 
communications and air traffic control instructions. The autopilot 
check need only be demonstrated once every 12 calendar months during 
the instrument proficiency check required under paragraph (a) of this 
section.

[[Page 92488]]

    (ii) On and after July 21, 2025, rotorcraft can be operated as 
proficiently as it would be if a second in command were present to 
handle air-ground communications and air traffic control instructions. 
The autopilot check need only be demonstrated once every 12 calendar 
months during the instrument proficiency check required under paragraph 
(a) of this section.

0
52. Effective July 21, 2025, further amend Sec.  135.297 by revising 
paragraph (g)(3) to read as follows:


Sec.  135.297  Pilot in command: Instrument proficiency check 
requirements.

* * * * *
    (g) * * *
    (3) Each pilot taking the autopilot check must show that, while 
using the autopilot, the aircraft can be operated as proficiently as it 
would be if a second in command were present to handle air-ground 
communications and air traffic control instructions. The autopilot 
check need only be demonstrated once every 12 calendar months during 
the instrument proficiency check required under paragraph (a) of this 
section.

0
53. Amend Sec.  135.339 by revising paragraphs (e)(3) and (4) to read 
as follows:


Sec.  135.339  Initial and transition training and checking: Check 
airmen (aircraft), check airmen (simulator).

* * * * *
    (e) * * *
    (3) Training and practice in conducting flight checks from the left 
and right pilot seats, or in the case of powered-lift with one pilot 
seat from that seat as well as providing training and instruction from 
an observation seat, in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (4) The safety measures to be taken from either pilot seat, or in 
the case of powered-lift with one pilot seat from that seat as well as 
providing training and instruction from an observation seat, for 
emergency situations that are likely to develop during checking.
* * * * *

0
54. Amend Sec.  135.340 by revising paragraphs (e)(3) and (4) to read 
as follows:


Sec.  135.340  Initial and transition training and checking: Flight 
instructors (aircraft), flight instructors (simulator).

* * * * *
    (e) * * *
    (3) Training and practice from the left and right pilot seats, or 
in the case of powered-lift with one pilot seat from that seat as well 
as providing training and instruction from an observation seat, in the 
required normal, abnormal, and emergency maneuvers to ensure competence 
to conduct the flight instruction required by this part; and
    (4) The safety measures to be taken from either the left or right 
pilot seat, or in the case of powered-lift with one pilot seat from 
that seat as well as providing training and instruction from an 
observation seat, for emergency situations that are likely to develop 
during instruction.
* * * * *

PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR 
MANAGEMENT

0
55. The authority citation for part 136 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.


0
56. Amend Sec.  136.1 by adding paragraph (f) to read as follows:


Sec.  136.1  Applicability and definitions.

* * * * *
    (f) Additional requirements for powered-lift operations are set 
forth in part 194 of this chapter.

0
57. Amend Sec.  136.75 by revising paragraph (a) introductory text to 
read as follows:


Sec.  136.75  Equipment and requirements.

    (a) Flotation equipment. No person may conduct an air tour in 
Hawaii in a single-engine rotorcraft beyond the shore of any island, 
regardless of whether the rotorcraft is within gliding distance of the 
shore, unless:
* * * * *

PART 141--PILOT SCHOOLS

0
58. The authority citation for part 141 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709, 
44711, 45102-45103, 45301-45302.


0
59. Revise Sec.  141.1 to read as follows:


Sec.  141.1  Applicability.

    This part prescribes the requirements for issuing pilot school 
certificates, provisional pilot school certificates, and associated 
ratings, and the general operating rules applicable to a holder of a 
certificate or rating issued under this part. Additional requirements 
for pilot schools seeking to provide training courses for powered-lift 
certification and ratings are set forth in part 194 of this chapter.

0
60. Amend Sec.  141.37 by revising paragraph (a)(3)(ii) to read as 
follows:


Sec.  141.37  Check Instructor Qualifications.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Except for a course of training for a lighter-than-air rating, 
hold either a current flight instructor certificate with the 
appropriate category and class of aircraft, or ground instructor 
certificate with appropriate ratings, to be used in the course of 
training; and
* * * * *

PART 142--TRAINING CENTERS

0
61. The authority citation for part 142 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 
44701-44703, 44705, 44707, 44709-44711, 45102-45103, 45301-45302.


0
62. Amend Sec.  142.1 by adding paragraph (d) to read as follows:


Sec.  142.1  Applicability.

* * * * *
    (d) Additional requirements for training centers seeking to provide 
curriculums for powered-lift certification and ratings are set forth in 
part 194 of this chapter.

0
63. Amend Sec.  142.11 by revising paragraph (d)(2)(iii) to read as 
follows:


Sec.  142.11  Application for issuance or amendment.

* * * * *
    (d) * * *
    (2) * * *
    (iii) For each flight simulator or flight training device, the make 
model, and series of aircraft or the set of aircraft being simulated 
and the qualification level assigned;
* * * * *

0
64. Amend Sec.  142.47 by revising paragraphs (a)(5) and (c)(2)(ii) to 
read as follows:


Sec.  142.47  Training center instructor eligibility requirements.

    (a) * * *
    (5) Meets at least one of the requirements in paragraphs (a)(5)(i) 
through (iv) of this section:
    (i) Except as allowed by paragraph (a)(5)(ii) of this section, 
meets the aeronautical experience requirements of Sec.  61.129(a), (b), 
(c), or (e) of this chapter, as applicable, excluding the required 
hours of instruction in preparation for the commercial pilot practical 
test, or holds a commercial pilot certificate with the appropriate 
ratings;
    (ii) Meets the aeronautical experience requirements of Sec.  
61.159, Sec.  61.161, or Sec.  61.163 of this chapter, as applicable, 
or holds an unrestricted airline transport pilot certificate with the 
appropriate ratings, if instructing:

[[Page 92489]]

    (A) In a flight simulation training device that represents an 
airplane or rotorcraft requiring a type rating, a powered-lift over 
12,500 pounds, or a turbojet powered powered-lift, except as provided 
in paragraph (a)(5)(iv) of this section, or
    (B) In a curriculum leading to the issuance of an airline transport 
pilot certificate or an added rating to an airline transport pilot 
certificate.
    (iii) Is employed as a flight simulator instructor or a flight 
training device instructor for a training center providing instruction 
and testing to meet the requirements of part 61 of this chapter on 
August 1, 1996.
    (iv) A person employed as an instructor and providing training in 
an FSTD that represents a rotorcraft requiring a type rating is not 
required to meet the aeronautical experience requirements of paragraph 
(a)(5)(ii) of this section and may instead meet the experience 
requirements of paragraph (a)(i) of this section if:
    (A) The person meets the experience requirements of paragraph 
(a)(5)(i) of this section;
    (B) The person is not providing training in a curriculum leading to 
the issuance of an airline transport pilot certificate or an added 
rating to an airline transport pilot certificate, and
    (C) The person was employed and met the remaining requirements of 
this section on March 21, 2025.
* * * * *
    (c) * * *
    (2) * * *
    (ii) That is accepted by the Administrator as being of equivalent 
difficulty, complexity, and scope as the tests provided by the 
Administrator for the applicable flight instructor and instrument 
flight instructor knowledge tests to the aircraft category in which 
they are instructing.


Sec.  142.53  [Amended]

0
65. Amend Sec.  142.53 in paragraphs (b)(2)(i) and (b)(3)(i) by 
removing the word ``airplane'' and adding in its place the word 
``aircraft''.


Sec.  142.57  [Amended]

0
66. Amend Sec.  142.57(c) by removing the word ``Airplanes'' and adding 
in its place the word ``Aircraft''.

0
67. Under the authority of 49 U.S.C. 106(f), add subchapter L, 
consisting of part 194, to read as follows:

SUBCHAPTER L--OTHER SPECIAL FEDERAL AVIATION REGULATIONS

PART 194--SPECIAL FEDERAL AVIATION REGULATION NO. 120--POWERED-
LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS

Sec.
Subpart A--General
194.101 Applicability.
194.103 Definitions.
194.105 Qualification of powered-Lift FSTDs.
194.107 Expiration.
194.109 Incorporation by reference.
Subpart B--Certification, Training, and Qualification Requirements for 
Pilots and Flight Instructors
194.201 Alternate definition of cross-country time.
194.203 Alternate qualification requirements for certain flight 
instructors.
194.205 Limitations on flight training privileges for holders of 
airline transport pilot certificates under a part 135 of this 
chapter approved training program.
194.207 Alternate requirement for practical tests and training in a 
powered-lift.
194.209 Additional qualification requirements for certain pilots 
serving as second-in-command.
194.211 Alternate eligibility requirements for a person seeking a 
powered-lift type rating.
194.213 Alternate endorsement requirements for certain persons 
seeking a powered-lift rating.
194.215 Applicability of alternate aeronautical experience and 
logging requirements for commercial pilot certification and a 
powered-lift instrument rating.
194.216 Alternate aeronautical experience: Pilot-in-command flight 
time in a powered-lift for a commercial pilot certificate with a 
powered-lift category rating
194.217 Test pilots, FAA test pilots, or aviation safety inspectors: 
Alternate aeronautical experience and logging requirements for a 
commercial pilot certificate with a powered-lift category rating.
194.219 Instructor pilots: Alternate aeronautical experience and 
logging requirements for a commercial pilot certificate with a 
powered-lift category rating.
194.221 Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for a commercial pilot 
certificate with a powered-lift category rating.
194.223 Pilots receiving training under an approved training 
program: Alternate requirements for a commercial pilot certificate 
with a powered-lift category rating.
194.225 Test pilots, FAA test pilots, or aviation safety inspectors: 
Alternate aeronautical experience and logging requirements for an 
instrument-powered-lift rating.
194.227 Instructor pilots: Alternate aeronautical experience and 
logging requirements for an instrument-powered-lift rating.
194.229 Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for an instrument-powered-lift 
rating.
194.231 Pilots receiving training under an approved training 
program: Alternate requirements for an instrument-powered-lift 
rating.
194.233 Alternate means to satisfy the cross-country aeronautical 
experience requirements for a commercial pilot certificate with a 
powered-lift category rating.
194.235 Alternate means to satisfy the cross-country aeronautical 
experience requirements for an instrument-powered-lift rating.
194.237 Alternate means to satisfy the cross-country aeronautical 
experience requirements for a private pilot certificate with a 
powered-lift category rating.
194.239 Alternate means to satisfy minimum curriculum content in 
certain appendices to part 141 of this chapter.
194.241 Alternate qualification requirements for chief instructors, 
assistant chief instructors, and check instructors.
194.243 Pilot certification through completion of training, testing, 
and checking under part 135 of this chapter.
194.245 Pilot qualification and program management requirements to 
operate powered-lift under subpart K to part 91 of this chapter.
194.247 Pilot qualification requirements to operate powered-lift 
under part 135 of this chapter.
194.249 References to class in parts 135, 141, and 142 of this 
chapter.
194.251 Alternate means to satisfy minimum curriculum content in 
training courses under part 142 of this chapter.
194.253 Alternate requirements for powered-lift without fully 
functional dual controls used in flight training.
194.255 Alternate requirements for powered-lift without fully 
functioning dual controls used in supervised operating experience 
when adding a type rating.
Subpart C--Requirements for Persons Operating Powered-Lift
194.301 Applicability.
194.302 Provisions under part 91 of this chapter applicable to 
powered-lift.
194.303 IFR takeoff, approach, and landing minimums.
194.304 ATC transponder and altitude reporting equipment and use.
194.305 Applicability of copter procedures under part 97 of this 
chapter to powered-lift.
194.306 Provisions under part 135 of this chapter applicable to 
powered-lift.
194.307 Applicability of rules for eligible on-demand operations.

[[Page 92490]]

194.308 Applicability of national air tour safety standards under 
part 136 of this chapter to powered-lift.
194.309 Applicability of flight instruction; Simulated instrument 
flight.
194.310 Powered-lift in vertical-lift flight mode, flight recorder 
specifications under part 91 of this chapter.
194.311 Powered-lift in wing-borne flight mode, flight recorder 
specifications under part 91 of this chapter.
194.312 Powered-lift in vertical-lift flight mode, flight recorder 
specifications under part 135 of this chapter.
194.313 Powered-lift in wing-borne flight mode, flight recorder 
specification under part 135 of this chapter.
Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration Requirements for Powered-Lift Under Part 43 of This Chapter
194.401 Applicability.
194.402 Maintenance provisions.
Appendix A to Part 194. Minimum requirements for a pilot training 
program in a powered-lift originally type certificated or seeking 
type certification with one set of controls and a single pilot 
station.

    Authority:  42 U.S.C. 7572; 49 U.S.C. 106(f), 40113, 44701-
44705, 44707, 44712, 44713, 44715, 44716, and 44722; Sec. 955 of 
Pub. L. 118-63.

Subpart A--General


Sec.  194.101  Applicability.

    (a) The Special Federal Aviation Regulation (SFAR) in this part 
prescribes:
    (1) Certain requirements that may be satisfied in lieu of the 
requirements of part 61 of this chapter for persons seeking a powered-
lift pilot certificate and rating, the conditions under which those 
certificates and ratings are necessary, and the privileges and 
limitations of those certificates and ratings;
    (2) The general operating rules applicable to all persons operating 
powered-lift, including those an operator must meet to conduct powered-
lift operations under parts 91, 135, and 136 of this chapter;
    (3) The requirements for persons conducting training, testing, and 
checking utilizing a powered-lift or flight simulation training device 
(FSTD) representing a powered-lift under parts 135, 141, and 142 of 
this chapter; and
    (4) The requirements for persons conducting maintenance, 
preventative maintenance, rebuilds, alterations, or inspections on 
powered-lift pursuant to part 43 of this chapter.
    (b) In addition to the requirements in this part, the following 
parts continue to apply to those persons described in paragraph (a) of 
this section unless otherwise specified in this part: parts 43, 60, 61, 
91, 97, 135, 136, 141, and 142 of this chapter.


Sec.  194.103  Definitions.

    For the purpose of this part:
    Aviation Safety Inspector means a pilot employed by the FAA to 
conduct operations of a powered-lift for the purpose of establishing a 
type rating in that particular powered-lift under part 21 of this 
chapter, as appropriate.
    Extended over-water operation means a powered-lift operation over 
water at a horizontal distance of more than 50 nautical miles from the 
nearest shoreline and more than 50 nautical miles from an off-shore 
heliport structure under part 91 or 135 of this chapter.
    FAA test pilot means a pilot employed by the FAA to conduct 
operations of a powered-lift for the purpose of FAA examination or 
inspection of a type design for which an application for type 
certification has been submitted under part 21 of this chapter.
    Heliport means an area of land, water, or structure used or 
intended to be used for the landing and takeoff of helicopters and 
powered-lift.
    Instructor pilot means a pilot employed or used by a manufacturer 
of a powered-lift to conduct operations of the powered-lift for the 
purpose of developing a proposed training curriculum and providing crew 
training.
    Manufacturer means any person who holds, or is an applicant for, a 
type or production certificate for an aircraft. An amateur builder 
under Sec.  21.191(g) of this chapter, builder of a kit aircraft under 
Sec.  21.191(h) of this chapter, or the holder of a restricted category 
type certificate are not considered manufacturers for the purpose of 
this part.
    Test pilot means a pilot employed or used by a manufacturer of a 
powered-lift to conduct operations of the powered-lift for the purpose 
of research and development and showing compliance with this chapter.
    Vertical-lift flight mode means a mode of flight where a powered-
lift:
    (1) Is in a configuration that allows vertical takeoff, vertical 
landing, and low-speed flight; and
    (2) Depends principally on engine-driven lift devices or engine 
thrust for lift.
    Wing-borne flight mode means a mode of flight where a powered-lift 
is not operating in the vertical-lift flight mode as defined and 
depends exclusively or partially on nonrotating airfoil(s) for lift 
during takeoff, landing, or horizontal flight.


Sec.  194.105  Qualification of powered-lift FSTDs.

    (a) For flight simulation training devices (FSTDs) representing 
powered-lift for which qualification standards have not been issued 
under part 60 of this chapter, the applicable requirements will be the 
portions of the flight simulation training device qualification 
performance standards contained in appendices A through D to part 60 of 
this chapter that are found by the Administrator to be appropriate for 
the powered-lift and applicable to a specific type design, or such FSTD 
qualification criteria as the Administrator may find provide an 
equivalent level of safety to those FSTD qualification standards.
    (b) Proposed qualification performance standards as set forth by 
paragraph (a) of this section will be published in the Federal Register 
for comment, except when the FAA considers public notice to be 
unnecessary because previous opportunities to comment on substantially 
identical proposed qualification performance standards have been 
provided. In these instances, FAA will provide personal notice and 
opportunity for comment.


Sec.  194.107  Expiration.

    This part, consisting of Special Federal Aviation Regulation (SFAR) 
No. 120, will remain in effect until January 21, 2035.


Sec.  194.109  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the FAA and at the National 
Archives and Records Administration (NARA). Contact the FAA's Office of 
Rulemaking, 800 Independence Avenue SW, Washington, DC 20590; phone: 
(202) 267-9677. For information on the availability of this material at 
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or 
email [email protected]. The material may be obtained from the 
sources in the following paragraphs:
    (a) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036; 
phone: (202) 833-9339; website: www.rtca.org/products.
    (1) Section 2 of RTCA DO-309, Minimum Operational Performance 
Standards (MOPS) for Helicopter Terrain Awareness and Warning System 
(HTAWS) Airborne Equipment (Mar. 13, 2008); into Sec. Sec.  194.302; 
194.306.

[[Page 92491]]

    (2) [Reserved]
    (b) U.S. Department of Transportation, Subsequent Distribution 
Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th 
Avenue, Landover, MD 20785; phone (301) 322-5377; website: www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link ``Search 
Technical Standard Orders'').
    (1) TSO-C194, Technical Standard Order: Helicopter Terrain 
Awareness and Warning System, effective Dec. 17, 2008; into Sec. Sec.  
194.302; 194.306.
    (2) [Reserved]

Subpart B--Certification, Training, and Qualification Requirements 
for Pilots and Flight Instructors


Sec.  194.201  Alternate definition of cross-country time.

    Notwithstanding the cross-country time definitions in Sec.  61.1(b) 
of this chapter, a person may log flight time in a powered-lift as 
cross-country time provided the time was acquired during a flight--
    (a) That includes a point of landing that was at least a straight-
line distance of more than 25 nautical miles from the original point of 
departure; and
    (b) That involves the use of dead reckoning, pilotage, electronic 
navigation aids, radio aids, or other navigation systems to navigate to 
the landing point.


Sec.  194.203  Alternate qualification requirements for certain flight 
instructors.

    (a) Instructor pilots at a manufacturer. In addition to the 
provisions specified in Sec.  61.3(d)(3) of this chapter, a flight 
instructor certificate issued under part 61 of this chapter is not 
necessary to conduct flight training if the training is given by an 
instructor pilot in a powered-lift at the manufacturer, provided the 
training is conducted in accordance with the manufacturer's training 
curriculum and is given to either--
    (1) A test pilot;
    (2) A person authorized by the Administrator to serve as an initial 
check pilot, chief instructor, assistant chief instructor, or training 
center evaluator for the purpose of initiating training in a powered-
lift under an approved training program under part 135, 141, or 142 of 
this chapter, as appropriate; or
    (3) An FAA test pilot or aviation safety inspector.
    (b) Flight instructors under part 135 of this chapter. 
Notwithstanding the requirement in Sec.  61.3(d)(3)(ii) of this 
chapter, a person must hold a flight instructor certificate with the 
appropriate powered-lift ratings to conduct training in accordance with 
a training curriculum approved to meet the requirements of Sec.  
194.243(a)(1).


Sec.  194.205  Limitations on flight training privileges for holders of 
airline transport pilot certificates under a part 135 of this chapter 
approved training program.

    Notwithstanding the privileges in Sec.  61.167(a)(2) of this 
chapter, a person who holds an airline transport pilot certificate with 
powered-lift ratings must hold a flight instructor certificate with the 
appropriate powered-lift ratings to instruct pilots in accordance with 
a training curriculum approved to meet the requirements of Sec.  
194.243(a)(1).


Sec.  194.207  Alternate requirement for practical tests and training 
in a powered-lift.

    (a) Required equipment for the practical test. Notwithstanding the 
equipment requirement in Sec.  61.45(b)(1)(ii) of this chapter and the 
limitation specified in Sec.  61.45(b)(2) of this chapter, an applicant 
for a certificate or rating may use a powered-lift that is precluded 
from performing all of the tasks required for the practical test 
without receiving a limitation on the applicant's certificate or 
rating, as appropriate.
    (b) Waiver authority for a practical test conducted in a powered-
lift. An Examiner who conducts a practical test in a powered-lift may 
waive any task for which the FAA has provided waiver authority.
    (c) Flight training on waived tasks. Notwithstanding the 
requirements in Sec. Sec.  61.107(a) and 61.127(a) of this chapter for 
training to include the areas of operation listed in Sec.  61.107(b)(5) 
or Sec.  61.127(b)(5) of this chapter, as applicable, an applicant 
seeking a private pilot certificate or commercial pilot certificate 
with a powered-lift category rating concurrently with a powered-lift 
type rating is not required to receive and log flight training on a 
task specified in an area of operation if the powered-lift is not 
capable of performing the task, provided the FAA has issued waiver 
authority for that task in accordance with paragraph (b) of this 
section.


Sec.  194.209  Additional qualification requirements for certain pilots 
serving as second-in-command.

    (a) A person who obtains at least a private pilot certificate with 
a powered-lift category rating by satisfactorily completing the 
practical test in a powered-lift that is precluded from performing each 
task required by Sec.  61.43(a)(1) of this chapter may not serve as 
second-in-command of a powered-lift that is capable of performing the 
tasks that were waived on the person's practical test until the person 
has--
    (1) Received and logged ground and flight training from an 
authorized instructor on the specific tasks that were waived on the 
person's practical test; and
    (2) Received a logbook or training record endorsement from an 
authorized instructor certifying the person has satisfactorily 
demonstrated proficiency of those tasks.
    (b) The training and endorsement required by paragraph (a) of this 
section are not required if, prior to serving as second-in-command, a 
person meets one of the following requirements--
    (1) Successfully completes the practical test for a powered-lift 
type rating, and the practical test includes each task required by 
Sec.  61.43(a)(1) of this chapter; or
    (2) Has received ground and flight training under an approved 
training program and has satisfactorily completed a competency check 
under Sec.  135.293 or Sec.  91.1065 of this chapter in a powered-lift, 
and the approved training and checking include each task that was 
previously waived in accordance with Sec.  194.207(b).
    (c) An applicant receiving flight training under Sec.  194.221, 
Sec.  194.223, Sec.  194.229, or Sec.  194.231 may serve as second-in-
command in a powered-lift type certificated for more than one required 
pilot flight crewmember without meeting the requirements of Sec.  
61.55(a)(1), (a)(2), and (b)(2) of this chapter.


Sec.  194.211  Alternate eligibility requirements for a person seeking 
a powered-lift type rating.

    (a) General applicability. The requirements specified in paragraphs 
(b) and (c) of this section apply only to persons seeking a type rating 
in a powered-lift that is capable of performing instrument maneuvers 
and procedures.
    (b) Obtaining an initial powered-lift type rating without 
concurrently obtaining the instrument-powered-lift rating. (1) 
Notwithstanding the requirement to hold or concurrently obtain an 
appropriate instrument rating in Sec.  61.63(d)(1) of this chapter, a 
person who applies for an initial powered-lift type rating to be 
completed concurrently with a powered-lift category rating may apply 
for the type rating without holding or concurrently obtaining a 
powered-lift instrument rating, but the type rating will be limited to 
``visual flight rules (VFR) only.''

[[Page 92492]]

    (2) Notwithstanding the requirement in Sec.  61.63(d)(4) of this 
chapter, a person who applies for a powered-lift type rating pursuant 
to paragraph (b)(1) of this section is not required to perform the type 
rating practical test in actual or simulated instrument conditions.
    (3) Except as specified in paragraph (b)(6) of this section, a 
person who obtains a powered-lift type rating with a ``VFR only'' 
limitation pursuant to paragraph (b)(1) of this section must remove the 
limitation in accordance with paragraph (b)(4) of this section within 2 
calendar months from the month in which the person passes the type 
rating practical test.
    (4) The ``VFR only'' limitation may be removed after the person--
    (i) Passes an instrument rating practical test in a powered-lift in 
actual or simulated instrument conditions; and
    (ii) Passes a practical test in the powered-lift type for which the 
``VFR only'' limitation applies on the appropriate areas of operation 
listed in Sec.  61.157(e)(3) of this chapter that consist of performing 
instrument maneuvers and procedures in actual or simulated instrument 
conditions.
    (5) Except as specified in paragraph (b)(6) of this section, if a 
person who obtains a powered-lift type rating with a ``VFR only'' 
limitation pursuant to paragraph (b)(1) of this section does not remove 
the limitation within 2 calendar months from the month in which the 
person completed the type rating practical test, the powered-lift type 
rating for which the ``VFR only'' limitation applies will become 
invalid for use until the person removes the limitation in accordance 
with paragraph (b)(4) of this section.
    (6) A person holding a private pilot certificate is not required to 
remove the ``VFR only'' limitation if the limitation applies to a 
powered-lift type that is not a large aircraft or turbojet-powered.
    (c) Obtaining an additional powered-lift type rating with a ``VFR 
Only'' limitation. (1) Notwithstanding the requirement to hold or 
concurrently obtain an appropriate instrument rating in Sec.  
61.63(d)(1) of this chapter, a person holding a private pilot 
certificate may apply for a powered-lift type rating for a powered-lift 
that is not a large aircraft or turbojet-powered without holding or 
concurrently obtaining a powered-lift instrument rating, but the type 
rating will be limited to ``VFR only.''
    (2) Notwithstanding the requirement in Sec.  61.63(d)(4) of this 
chapter, a person who applies for a powered-lift type rating pursuant 
to paragraph (c)(1) of this section is not required to perform the type 
rating practical test in actual or simulated instrument conditions.
    (3) A person who obtains a powered-lift type rating with a ``VFR 
only'' limitation pursuant to paragraph (c)(1) of this section may 
remove the ``VFR only'' limitation for that powered-lift type as 
specified in paragraph (b)(4) of this section.
    (d) Concurrent practical tests for removal of ``VFR only'' 
limitation. If a task required for the practical test specified in 
paragraph (b)(4)(i) of this section overlaps with a task required for 
the practical test specified in paragraph (b)(4)(ii) of this section, a 
person may perform the task a single time provided the task is 
performed to the highest standard required for the task.


Sec.  194.213  Alternate endorsement requirements for certain persons 
seeking a powered-lift rating.

    (a) Notwithstanding the requirements in part 61 of this chapter for 
an authorized instructor to provide endorsements for certificates and 
ratings, including endorsements for solo flight, the following persons 
may provide the required logbook or training record endorsements under 
part 61 of this chapter and this part for a commercial pilot 
certificate with a powered-lift category rating, an instrument-powered-
lift rating, a powered-lift type rating, or a flight instructor 
certificate with powered-lift ratings--
    (1) An instructor pilot, provided the applicant is either--
    (i) A test pilot or instructor pilot for the manufacturer seeking 
type certification of an experimental powered-lift;
    (ii) A person authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; or
    (iii) An FAA test pilot or aviation safety inspector; or
    (2) A management official within the manufacturer's organization, 
provided the applicant is an instructor pilot for the manufacturer of 
an experimental powered-lift.
    (b) The endorsements for training time under this section must 
include a description of the training given, length of training lesson, 
and the endorsement provider's signature and identifying information, 
including certificate number and expiration date, if applicable.


Sec.  194.215  Applicability of alternate aeronautical experience and 
logging requirements for commercial pilot certification and a powered-
lift instrument rating.

    (a) The alternate requirements set forth in Sec. Sec.  194.216 
through 194.231 apply only to persons who hold at least a commercial 
pilot certificate with the following ratings:
    (1) An airplane category rating with a single-engine or multi-
engine class rating and an instrument-airplane rating; or
    (2) A rotorcraft category rating with a helicopter class rating and 
an instrument-helicopter rating.
    (b) If no alternate aeronautical experience or logging requirement 
is provided under this part, the person must meet the applicable 
requirements under part 61 of this chapter, as appropriate.


Sec.  194.216  Alternate aeronautical experience: Pilot-in-command 
flight time in a powered-lift for a commercial pilot certificate with a 
powered-lift category rating.

    (a) Pilot-in-command flight time in a powered-lift. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, an applicant for a commercial pilot certificate with a 
powered-lift category rating under Sec.  194.217, Sec.  194.219, Sec.  
194.221, or Sec.  194.223 may log 35 hours of pilot-in-command flight 
time in a powered-lift in lieu of the aeronautical experience 
requirement of Sec.  61.129(e)(2)(i) of this chapter.
    (b) Use of full flight simulators. In addition to the permitted 
credit for use of a full flight simulator in Sec.  61.129(i) of this 
chapter, an applicant for a commercial pilot certificate with a 
powered-lift category rating may credit a maximum of 15 hours toward 
the 35 hours of pilot-in-command flight time requirement in paragraph 
(a) of this section, provided--
    (1) The aeronautical experience was obtained performing the duties 
of pilot-in-command in a Level C or higher full flight simulator that 
represents the powered-lift category; and
    (2) The full flight simulator sessions are conducted in accordance 
with:
    (i) For test pilots, instructor pilots, FAA test pilots, or FAA 
aviation safety inspectors under Sec.  194.217 or Sec.  194.219, as 
applicable, the manufacturer's proposed training curriculum;
    (ii) For the initial cadre of instructors under Sec.  194.221, the 
manufacturer's training curriculum; or
    (iii) For pilots under Sec.  194.223, an approved training program 
under part 135, 141, or 142 of this chapter.

[[Page 92493]]

Sec.  194.217  Test pilots, FAA test pilots, or aviation safety 
inspectors: Alternate aeronautical experience and logging requirements 
for a commercial pilot certificate with a powered-lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating who is a test pilot for 
the manufacturer of an experimental powered-lift, an FAA test pilot, or 
an aviation safety inspector may satisfy the alternate aeronautical 
experience and logging requirements set forth in paragraphs (b) and (c) 
of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer;
    (2) The applicant is authorized by the Administrator to act as 
pilot in command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, a test pilot, FAA test pilot, or aviation safety inspector may 
meet the requirements in paragraphs (b)(1) through (4) of this section 
in lieu of the aeronautical experience requirements of Sec.  
61.129(e)(3) and (4) of this chapter.
    (1) A test pilot, FAA test pilot, or aviation safety inspector may 
receive 20 hours of flight training on the areas of operation listed in 
Sec.  61.127(b)(5) of this chapter from an instructor pilot for the 
manufacturer of an experimental powered-lift in lieu of an authorized 
instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's 
proposed training curriculum in the experimental powered-lift; and
    (ii) The test pilot, FAA test pilot, or aviation safety inspector 
receives a logbook or training record endorsement from the instructor 
pilot certifying that the test pilot satisfactorily completed the 
training curriculum specified in paragraph (b)(1)(i) of this section.
    (2) A test pilot, FAA test pilot, or aviation safety inspector may 
accomplish the practical test preparation requirements in Sec.  
61.129(e)(3)(iv) of this chapter with a pilot who serves as an 
instructor pilot for the manufacturer of the experimental powered-lift.
    (3) A test pilot, FAA test pilot, or aviation safety inspector may 
satisfy the aeronautical experience requirement in Sec.  61.129(e)(4) 
of this chapter by logging at least 10 hours of solo flight time under 
an endorsement from an instructor pilot or performing the duties of 
pilot-in-command in an experimental powered-lift with one of the 
following individuals onboard (which may be credited towards the flight 
time requirement in Sec. Sec.  61.129(e)(2), and (e)(2)(ii) of this 
chapter and 194.216(a))--
    (i) A test pilot for the manufacturer of the powered-lift who is 
authorized by the Administrator to act as pilot-in-command of the 
experimental powered-lift; or
    (ii) An instructor pilot for the manufacturer of the powered-lift 
who is authorized by the Administrator to act as pilot-in-command of 
the experimental powered-lift.
    (4) A test pilot, FAA test pilot, or aviation safety inspector may 
satisfy the alternate requirements in Sec.  194.233 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log pilot-in-command flight time for the purpose of satisfying the 
aeronautical experience requirements in Sec. Sec.  61.129(e)(2)(ii) and 
194.216(a) of this chapter for flights when the pilot is the sole 
manipulator of the controls of an experimental powered-lift for which 
the pilot is not rated, provided--
    (1) The test pilot, FAA test pilot, or aviation safety inspector is 
acting as pilot-in-command of the experimental powered-lift in 
accordance with a letter of authorization issued by the Administrator; 
and
    (2) The flight is conducted for the purpose of research and 
development or showing compliance with the regulations in this chapter 
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec.  21.191 of this chapter.


Sec.  194.219  Instructor pilots: Alternate aeronautical experience and 
logging requirements for a commercial pilot certificate with a powered-
lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating who is an instructor 
pilot for the manufacturer of an experimental powered-lift may satisfy 
the alternate aeronautical experience and logging requirements set 
forth in paragraphs (b) and (c) of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, an instructor pilot may meet the requirements in paragraphs 
(b)(1) through (4) of this section in lieu of the aeronautical 
experience requirements of Sec.  61.129(e)(3) and (4) of this chapter.
    (1) An instructor pilot may meet the requirements of paragraphs 
(b)(1)(i) and (ii) of this section in lieu of the 20 hours of training 
with an authorized instructor required by Sec.  61.129(e)(3) of this 
chapter.
    (i) The instructor pilot provided the manufacturer's proposed 
training curriculum to a test pilot, FAA test pilot, or aviation safety 
inspector in the experimental powered-lift, which includes 20 hours of 
training on the areas of operation listed in Sec.  61.127(b)(5) of this 
chapter; and
    (ii) The instructor pilot receives a logbook or training record 
endorsement from a management official within the manufacturer's 
organization certifying that the instructor pilot provided the training 
specified in paragraph (b)(1)(i) of this section.
    (2) An instructor pilot may accomplish the practical test 
preparation requirements in Sec.  61.129(e)(3)(iv) of this chapter with 
a pilot who serves as an instructor pilot for the manufacturer of the 
experimental powered-lift.
    (3) An instructor pilot may satisfy the aeronautical experience 
requirement in Sec.  61.129(e)(4) of this chapter by logging at least 
10 hours of solo flight time under an endorsement from another 
instructor pilot or performing the duties of pilot-in-command in an 
experimental powered-lift with one of the following individuals onboard 
(which may be credited towards the flight time requirement in 
Sec. Sec.  61.129(e)(2), and (e)(2)(ii) of this chapter and 
194.216(a))--
    (i) A test pilot for the manufacturer of the powered-lift who is 
authorized by the Administrator to act as pilot-in-command of the 
experimental powered-lift;
    (ii) Another instructor pilot for the manufacturer of the powered-
lift who is authorized by the Administrator to act as pilot-in-command 
of the experimental powered-lift; or
    (iii) An FAA test pilot or aviation safety inspector.
    (4) An instructor pilot may satisfy the alternate requirements in 
Sec.  194.233 in lieu of the cross-country aeronautical experience 
requirements specified in

[[Page 92494]]

Sec.  61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(3) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log pilot-in-command flight time for the purpose of satisfying the 
aeronautical experience requirements in Sec. Sec.  61.129(e)(2)(ii) of 
this chapter and 194.216(a) for flights when the pilot is serving as an 
instructor pilot for the manufacturer of an experimental powered-lift 
for which the pilot is not rated, provided--
    (1) The pilot is acting as pilot-in-command of the experimental 
powered-lift in accordance with a letter of authorization issued by the 
Administrator; and
    (2) The flight is conducted for the purpose of crew training in 
accordance with the experimental certificate issued to the powered-lift 
pursuant to Sec.  21.191 of this chapter.


Sec.  194.221  Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for a commercial pilot certificate 
with a powered-lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating may satisfy the 
alternate aeronautical experience and logging requirements set forth in 
paragraphs (b) and (c) of this section, provided--
    (1) The applicant is authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; and
    (2) The flights are conducted in type-certificated powered-lift at 
the manufacturer.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the eligibility requirement specified in Sec.  61.123(f) of this 
chapter, an applicant may meet the requirements in paragraphs (b)(1) 
through (4) of this section in lieu of the aeronautical experience 
requirements of Sec.  61.129(e)(3) and (4) of this chapter.
    (1) An applicant may receive 20 hours of flight training on the 
areas of operation listed in Sec.  61.127(b)(5) of this chapter from an 
instructor pilot for the manufacturer of the powered-lift in lieu of an 
authorized instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's 
training curriculum in the powered-lift; and
    (ii) The applicant receives a logbook or training record 
endorsement from the instructor pilot certifying that the test pilot 
satisfactorily completed the training curriculum specified in paragraph 
(b)(1)(i) of this section.
    (2) An applicant may accomplish the practical test preparation 
requirements in Sec.  61.129(e)(3)(iv) of this chapter with a pilot who 
serves as an instructor pilot for the manufacturer of the powered-lift.
    (3) An applicant may satisfy the aeronautical experience 
requirement in Sec.  61.129(e)(4) of this chapter by logging at least 
10 hours of solo flight time in a powered-lift under an endorsement 
from an instructor pilot or performing the duties of pilot-in-command 
in a powered-lift with a person onboard who serves as an instructor 
pilot for the manufacturer of the powered-lift (which may be credited 
towards the flight time requirement in Sec.  61.129(e)(2) and 
(e)(2)(ii) of this chapter and 194.216(a)).
    (4) An applicant may satisfy the alternate requirements in Sec.  
194.233 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.129(e)(3)(ii) and (iii) and 
(e)(4)(i) of this chapter.
    (c) Alternate logging requirements. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log up to 25 hours of pilot-in-command flight time for the purpose of 
satisfying the aeronautical experience requirements in Sec. Sec.  
61.129(e)(2)(ii) of this chapter and 194.216(a) for flights when the 
pilot is the sole manipulator of the controls of a powered-lift for 
which the pilot is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with a person onboard who serves as an instructor pilot for the 
manufacturer;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with the manufacturer's 
training curriculum for the powered-lift.


Sec.  194.223  Pilots receiving training under an approved training 
program: Alternate requirements for a commercial pilot certificate with 
a powered-lift category rating.

    (a) General applicability. An applicant for a commercial pilot 
certificate with a powered-lift category rating may satisfy the 
alternate requirements set forth in paragraphs (b) through (d) of this 
section, provided the applicant is receiving training under an approved 
training program under part 135, 141, or 142 of this chapter for the 
purpose of obtaining a powered-lift category rating.
    (b) Alternate aeronautical experience requirements. An applicant 
may satisfy the alternate requirements in Sec.  194.233 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for a 
commercial pilot certificate with a powered-lift category rating may 
log up to 25 hours of pilot-in-command time towards the aeronautical 
experience requirement in Sec.  194.216(a) for flights when the 
applicant is the sole manipulator of the controls of a powered-lift for 
which the pilot is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with an authorized instructor onboard;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with an approved training 
program under part 135, 141, or 142 of this chapter.


Sec.  194.225  Test pilots, FAA test pilots, and aviation safety 
inspectors: Alternate aeronautical experience and logging requirements 
for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating who is test pilot for the manufacturer of an experimental 
powered-lift, an FAA test pilot, or aviation safety inspector may 
satisfy the alternate aeronautical experience and logging requirements 
set forth in paragraphs (b) and (c) of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. A test pilot, 
FAA test pilot, or aviation safety inspector may meet the aeronautical 
experience requirements of paragraphs (b)(1) through (4) of this 
section in lieu of the aeronautical experience requirements of Sec.  
61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, a test pilot, FAA test pilot, or aviation 
safety inspector may receive 15 hours of instrument training on the 
areas of operation listed in Sec.  61.65(c) of this chapter from an 
instructor pilot for the manufacturer of an experimental powered-lift 
in lieu of an authorized instructor, provided--
    (i) The training is conducted in accordance with the manufacturer's

[[Page 92495]]

proposed training curriculum in the experimental powered-lift; and
    (ii) The test pilot, FAA test pilot, or aviation safety inspector 
receives a logbook or training record endorsement from the instructor 
pilot certifying that the applicant satisfactorily completed the 
training curriculum specified in paragraph (b)(1)(i) of this section.
    (2) A test pilot, FAA test pilot, or aviation safety inspector may 
accomplish the practical test preparation requirements in Sec.  
61.65(f)(2)(i) of this chapter with an instructor pilot for the 
manufacturer of the experimental powered-lift.
    (3) A test pilot, FAA test pilot, or aviation safety inspector may 
accomplish the cross-country flight specified in Sec.  61.65(f)(2)(ii) 
of this chapter for an instrument-powered-lift rating without an 
authorized instructor, provided the test pilot, FAA test pilot, or 
aviation safety inspector--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with a pilot who serves as an 
instructor pilot for the manufacturer of the experimental powered-lift; 
and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) A test pilot, FAA test pilot, or aviation safety inspector may 
satisfy the alternate requirements in Sec.  194.235 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, a test pilot, FAA 
test pilot, or aviation safety inspector may log pilot-in-command 
flight time for the purpose of satisfying the 10-hour cross-country 
requirement in Sec.  61.65(f)(1) of this chapter for flights when the 
pilot is the sole manipulator of the controls of an experimental 
powered-lift for which the pilot is not rated, provided--
    (1) The test pilot, FAA test pilot, or aviation safety inspector is 
acting as pilot-in-command of the experimental powered-lift in 
accordance with a letter of authorization issued by the Administrator; 
and
    (2) The flight is conducted for the purpose of research and 
development or showing compliance with the regulations in this chapter 
in accordance with the experimental certificate issued to the powered-
lift pursuant to Sec.  21.191 of this chapter.


Sec.  194.227  Instructor pilots: Alternate aeronautical experience and 
logging requirements for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating who is an instructor pilot for the manufacturer of an 
experimental powered-lift may satisfy the alternate aeronautical 
experience and logging requirements set forth in paragraphs (b) and (c) 
of this section, provided--
    (1) The flights are conducted in an experimental powered-lift at 
the manufacturer; and
    (2) The applicant is authorized by the Administrator to act as 
pilot-in-command of the experimental powered-lift.
    (b) Alternate aeronautical experience requirements. An instructor 
pilot may meet the aeronautical experience requirements of paragraphs 
(b)(1) through (4) of this section in lieu of the aeronautical 
experience requirements of Sec.  61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, an instructor pilot may meet the 
requirements of paragraphs (b)(1)(i) and (ii) of this section in lieu 
of the 15 hours of training with an authorized instructor required by 
Sec.  61.65(f)(2) of this chapter.
    (i) The instructor pilot provided the manufacturer's proposed 
training curriculum to a test pilot, FAA test pilot, or aviation safety 
inspector in the experimental powered-lift, which includes 15 hours of 
training on the areas of operation listed in Sec.  61.65(c) of this 
chapter; and
    (ii) The instructor pilot receives a logbook or training record 
endorsement from a management official within the manufacturer's 
organization certifying that the instructor pilot provided the training 
specified in paragraph (b)(1)(i) of this section.
    (2) An instructor pilot may accomplish the practical test 
preparation requirements in Sec.  61.65(f)(2)(i) of this chapter with 
another pilot who serves as an instructor pilot for the manufacturer of 
the experimental powered-lift.
    (3) An instructor pilot may accomplish the cross-country flight 
specified in Sec.  61.65(f)(2)(ii) of this chapter for an instrument-
powered-lift rating without an authorized instructor, provided the 
instructor pilot--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with another pilot who serves as an 
instructor pilot for the manufacturer of the experimental powered-lift; 
and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) An instructor pilot may satisfy the alternate requirements in 
Sec.  194.235 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(3) of this chapter, an instructor pilot 
may log pilot-in-command flight time for the purpose of satisfying the 
10-hour cross-country requirement in Sec.  61.65(f)(1) of this chapter 
for flights when the pilot is serving as an instructor pilot for the 
manufacturer of an experimental powered-lift for which the pilot is not 
rated, provided the pilot--
    (1) Is acting as pilot-in-command of the experimental powered-lift 
in accordance with a letter of authorization issued by the 
Administrator; and
    (2) The flight is conducted for the purpose of crew training in 
accordance with the experimental certificate issued to the powered-lift 
pursuant to Sec.  21.191 of this chapter.


Sec.  194.229  Initial cadre of instructors: Alternate aeronautical 
experience and logging requirements for an instrument-powered-lift 
rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate aeronautical experience and 
logging requirements set forth in paragraphs (b) and (c) of this 
section, provided--
    (1) The applicant is authorized by the Administrator to serve as an 
initial check pilot, chief instructor, assistant chief instructor, or 
training center evaluator for the purpose of initiating training in a 
powered-lift under an approved training program under part 135, 141, or 
142 of this chapter, as appropriate; and
    (2) The flights are conducted in type-certificated powered-lift at 
the manufacturer.
    (b) Alternate aeronautical experience requirements. Notwithstanding 
the instrument rating requirements of Sec.  61.65 of this chapter, an 
applicant may meet the requirements in paragraphs (b)(1) through (4) of 
this section in lieu of the aeronautical experience requirements of 
Sec.  61.65(f)(2) of this chapter.
    (1) Notwithstanding the eligibility requirement in Sec.  
61.65(a)(5) of this chapter, an applicant may receive 15 hours of 
instrument training on the areas of operation listed in Sec.  61.65(c) 
of this chapter from an instructor pilot for the manufacturer of a 
powered-lift in lieu of an authorized instructor, provided--

[[Page 92496]]

    (i) The training is conducted in accordance with the manufacturer's 
training curriculum in the powered-lift; and
    (ii) The applicant receives a logbook or training record 
endorsement from the instructor pilot certifying that the applicant 
satisfactorily completed the training curriculum specified in paragraph 
(b)(1)(i) of this section.
    (2) An applicant may accomplish the practical test preparation 
requirements in Sec.  61.65(f)(2)(i) of this chapter with a pilot who 
serves as an instructor pilot for the manufacturer of the powered-lift.
    (3) An applicant may accomplish the cross-country flight specified 
in Sec.  61.65(f)(2)(ii) of this chapter for an instrument-powered-lift 
rating without an authorized instructor, provided the applicant--
    (i) Completes the cross-country flight specified in Sec.  
61.65(f)(2)(ii) of this chapter with a pilot who serves as an 
instructor pilot for the manufacturer of the powered-lift; and
    (ii) Obtains a logbook or training record endorsement from the 
instructor pilot certifying that the person completed the cross-country 
flight.
    (4) An applicant may satisfy the alternate requirements in Sec.  
194.235 in lieu of the cross-country aeronautical experience 
requirements specified in Sec.  61.65(f)(2)(ii) of this chapter.
    (c) Alternate logging requirement. Notwithstanding the logging 
requirements in Sec.  61.51(e)(1) of this chapter, an applicant for an 
instrument-powered-lift rating may log pilot-in-command flight time for 
the purpose of satisfying the 10-hour cross-country requirement in 
Sec.  61.65(f)(1) of this chapter for flights when the applicant is the 
sole manipulator of the controls of a powered-lift for which the pilot 
is not rated, provided--
    (1) The applicant is manipulating the controls of the powered-lift 
with a person onboard who serves as an instructor pilot for the 
manufacturer;
    (2) The applicant is performing the duties of pilot-in-command; and
    (3) The flight is conducted in accordance with the manufacturer's 
training curriculum for the powered-lift.


Sec.  194.231  Pilots receiving training under an approved training 
program: Alternate requirements for an instrument-powered-lift rating.

    (a) General applicability. An applicant for an instrument-powered-
lift rating may satisfy the alternate requirements set forth in 
paragraphs (b) and (c) of this section, provided the applicant is 
receiving training under an approved training program under part 135, 
141, or 142 of this chapter for the purpose of obtaining an instrument-
powered-lift rating.
    (b) Alternate aeronautical experience requirements. An applicant 
may satisfy the alternate requirements in Sec.  194.235 in lieu of the 
cross-country aeronautical experience requirements specified in Sec.  
61.65(f)(2)(ii) of this chapter.
    (c) Use of full flight simulators. In addition to the permitted 
credit for use of a full flight simulator in Sec.  61.65(h) of this 
chapter, an applicant for an instrument-powered-lift rating may credit 
a maximum of 4 hours toward the aeronautical experience requirement in 
Sec.  61.65(f)(1) of this chapter that requires 10 hours of cross-
country time in a powered-lift, provided--
    (1) The aeronautical experience was obtained performing the duties 
of pilot-in-command during a simulated cross-country flight in a Level 
C or higher full flight simulator that represents the powered-lift 
category;
    (2) The cross-country flight includes the performance of instrument 
procedures under simulated instrument conditions; and
    (3) The sessions are conducted in accordance with an approved 
training program under part 135, 141, or 142 of this chapter.


Sec.  194.233  Alternate means to satisfy the cross-country 
aeronautical experience requirements for a commercial pilot certificate 
with a powered-lift category rating.

    Notwithstanding the eligibility requirement in Sec.  61.123(f) of 
this chapter, an applicant who does not meet the cross-country 
aeronautical experience requirements specified in Sec.  61.129(e) of 
this chapter will be considered eligible for a commercial pilot 
certificate with a powered-lift category rating as specified in 
paragraphs (a) and (b) of this section.
    (a) An applicant who does not meet the cross-country aeronautical 
experience requirements specified in Sec.  61.129(e)(3)(ii) and (iii) 
of this chapter will be considered eligible for a commercial pilot 
certificate with a powered-lift category rating, provided the applicant 
has logged at least three cross-country flights consisting of--
    (1) One 2-hour cross-country flight in a powered-lift in daytime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure;
    (2) One 2-hour cross-country flight in a powered-lift in nighttime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure; and
    (3) An additional cross-country flight with landings at a minimum 
of three points, with one segment consisting of a straight-line 
distance of at least 50 nautical miles from the original point of 
departure. Except for the original point of departure, this additional 
cross-country flight must include landings at different points than the 
cross-country flights specified in paragraphs (a)(1) and (2) of this 
section.
    (b) An applicant who does not have the cross-country aeronautical 
experience specified in Sec.  61.129(e)(4)(i) of this chapter will be 
considered eligible for a commercial pilot certificate with a powered-
lift category, provided the applicant has logged at least two cross-
country flights with landings at a minimum of three points, with one 
segment consisting of a straight-line distance of at least 50 nautical 
miles from the original point of departure. Except for the original 
point of departure, the second cross-country flight must include 
landings at different points than the first cross-country flight.


Sec.  194.235  Alternate means to satisfy the cross-country 
aeronautical experience requirements for an instrument-powered-lift 
rating.

    (a) An applicant who does not meet the cross-country aeronautical 
experience requirements specified in Sec.  61.65(f)(2)(ii) of this 
chapter will be considered eligible for an instrument-powered-lift 
rating, provided the applicant has logged instrument time that includes 
instrument flight training on cross-country flight procedures, 
including two cross-country flights in a powered-lift, provided each 
cross-country flight--
    (1) Is conducted with either an authorized instructor or an 
instructor pilot; and
    (2) Involves--
    (i) A flight of 100 nautical miles along airways or by directed 
routing from an air traffic control facility;
    (ii) An instrument approach at each airport; and
    (iii) Three different kinds of approaches with the use of 
navigation systems.
    (b) Notwithstanding the requirements in Sec.  61.65(f)(2)(ii) of 
this chapter for the cross-country flight in a powered-lift, an 
applicant for an instrument-powered-lift rating is not required to file 
a flight plan and perform the cross-country flight under instrument 
flight rules, provided--
    (1) The powered-lift is not certificated for instrument flight; and
    (2) The applicant holds one of the following--
    (i) An instrument-airplane rating;
    (ii) An instrument-helicopter rating; or

[[Page 92497]]

    (iii) An airline transport pilot certificate.


Sec.  194.237  Alternate means to satisfy the cross-country 
aeronautical experience requirements for a private pilot certificate 
with a powered-lift category rating.

    Notwithstanding the eligibility requirement in Sec.  61.103(g) of 
this chapter, an applicant who does not meet the cross-country 
aeronautical experience requirements specified in Sec.  61.109(e) of 
this chapter will be considered eligible for a private pilot 
certificate with a powered-lift category rating as specified in 
paragraphs (a) and (b) of this section.
    (a) Cross-country aeronautical experience at night. An applicant 
who does not meet the cross-country aeronautical experience specified 
in Sec.  61.109(e)(2)(i) of this chapter will be considered eligible 
for a private pilot certificate with a powered-lift category rating, 
provided the applicant has received 3 hours of night flight training 
that includes two cross-country flights that are each over 50 nautical 
miles total distance.
    (b) Solo cross-country aeronautical experience. An applicant who 
does not meet the solo cross-country aeronautical experience specified 
in Sec.  61.109(e)(5)(ii) of this chapter will be considered eligible 
for a private pilot certificate with a powered-lift category rating, 
provided the applicant has completed--
    (1) One solo cross-country flight of 100 nautical miles total 
distance, with landings at three points, and one segment of the flight 
being a straight-line distance of more than 25 nautical miles between 
the takeoff and landing locations; and
    (2) An additional solo cross-country flight in a powered-lift with 
landings at a minimum of three points, with one segment consisting of a 
straight-line distance of at least 50 nautical miles from the original 
point of departure. Except for the original point of departure, the 
additional cross-country flight must include landings at different 
points than the first cross-country flight.


Sec.  194.239  Alternate means to satisfy minimum curriculum content in 
certain appendices to part 141 of this chapter.

    (a) Flight training minimum curriculum content. Notwithstanding the 
minimum curriculum requirements in Sec.  141.55(a) of this chapter, a 
training course for which approval is requested is not required to 
consist of training on a task specified in an area of operation listed 
in the applicable appendix to part 141, provided--
    (1) The training course for which approval is requested is for a 
powered-lift course;
    (2) The powered-lift to be used in the course is not capable of 
performing the task specified in an area of operation listed in the 
applicable appendix to part 141; and
    (3) The FAA has issued waiver authority for that task in accordance 
with Sec.  194.207(b).
    (b) Cross-country minimum curriculum content. Notwithstanding the 
minimum curriculum requirements in Sec.  141.55(a) of this chapter, a 
training course for which approval is requested is not required to meet 
the minimum curriculum content specified in appendices B, C, and D to 
part 141, provided--
    (1) The training course for which approval is requested is for a 
powered-lift course.
    (2) The minimum curriculum content that is not met may consist of 
the training specified in--
    (i) Appendix B, paragraph 4.(b)(5)(ii)(A);
    (ii) Appendix B, paragraph 5.(e)(1);
    (iii) Appendix C, paragraph 4.(c)(3)(ii);
    (iv) Appendix D, paragraph 4.(b)(5)(ii) and (iii);
    (v) Appendix D, paragraph 5.(e)(2); or
    (vi) Appendix M, paragraphs 4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A), and 
5.(d)(1).
    (3) For each provision of training specified in paragraph (b)(2) of 
this section that is not met, the training course must include an 
additional cross-country flight consistent with the requirements of 
Sec. Sec.  194.233, 194.235, and 194.237.


Sec.  194.241  Alternate qualification requirements for chief 
instructors, assistant chief instructors, and check instructors.

    (a) Notwithstanding the qualification requirements in Sec. Sec.  
141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) of this chapter, for a 
course of training under part 141 of this chapter that uses a powered-
lift, a person seeking designation as a chief instructor, an assistant 
chief instructor, or a check instructor for checks and tests that 
relate to flight training must meet the following requirements--
    (1) Hold a commercial pilot certificate or an airline transport 
pilot certificate with the following ratings--
    (i) A powered-lift category rating;
    (ii) A type rating for the powered-lift used in the course; and
    (iii) An instrument-powered-lift rating or an airline transport 
pilot certificate with instrument privileges.
    (2) Hold a current flight instructor certificate with the following 
ratings--
    (i) A powered-lift category rating; and
    (ii) An instrument-powered-lift rating, if an instrument rating is 
required for the course.
    (b) Notwithstanding the qualification requirements in Sec.  
141.37(a)(3)(ii) of this chapter, for a course of training under part 
141 of this chapter that uses a powered-lift, a person seeking 
designation as a check instructor for checks and tests that relate to 
ground training must hold a current flight instructor certificate with 
a powered-lift category rating or a ground instructor rating 
appropriate for the course.


Sec.  194.243  Pilot certification through completion of training, 
testing, and checking under part 135 of this chapter.

    (a) Part 135 airman certification training program. (1) Subject to 
the requirements in subpart H to part 135 of this chapter, a 
certificate holder under part 119 of this chapter authorized to conduct 
part 135 operations may obtain approval under Sec.  135.325 of this 
chapter to establish and implement a training curriculum to satisfy the 
following:
    (i) Ground training, flight training, and aeronautical experience 
requirements in Sec.  61.65 of this chapter and Sec.  194.231 for the 
addition of an instrument-powered-lift rating to a commercial pilot 
certificate;
    (ii) Ground training, flight training, and aeronautical experience 
requirements in Sec.  61.63(b) of this chapter for the addition of an 
aircraft category rating to a commercial pilot certificate; and
    (iii) Ground and flight training requirements in Sec.  61.63(d) of 
this chapter to add a type rating to a commercial pilot certificate.
    (2) No certificate holder may use a person, nor may any person 
serve, as an instructor in a training curriculum approved to meet the 
requirements of paragraph (a)(1) of this section unless, in addition to 
being qualified under Sec. Sec.  135.338 and 135.340 of this chapter, 
the person holds a flight instructor certificate with a powered-lift 
category rating and instrument-powered-lift rating issued under part 61 
of this chapter.
    (3) A certificate holder may train a pilot in a training curriculum 
approved to meet the requirements of paragraph (a)(1) of this section 
only if the pilot is employed by the certificate holder under part 119 
of this chapter and holds at least the certificates and ratings set 
forth by Sec.  194.215(a).
    (4) In addition to Sec.  135.327 of this chapter, any curriculum 
approved under paragraphs (a)(1)(i) through (iii) of this section must 
include the applicable aeronautical knowledge areas, areas of 
operation, and flight

[[Page 92498]]

training required by part 61 of this chapter. If an alternative 
requirement is provided in this part, that alternative may be used.
    (b) Part 135 airman certification and checking. (1) A pilot who is 
employed by a certificate holder under part 119 of this chapter 
authorized to conduct operations under part 135 who completes the 
approved curricula in paragraphs (a)(1)(i) through (iii) of this 
section may apply to add a powered-lift category rating concurrently 
with a powered-lift instrument rating and an initial powered-lift type 
rating to a commercial pilot certificate if the person meets the 
following requirements:
    (i) Meets the requirements of Sec. Sec.  61.63(b) and 61.65(f) of 
this chapter, or if an alternative requirement is provided in this 
part, that alternative may be used;
    (ii) Has a training record endorsement from the certificate holder 
certifying that the pilot satisfactorily completed the applicable 
ground and flight training curricula in the approved part 135 airman 
certification training program; and
    (iii) Successfully completes the written or oral testing under 
Sec.  135.293(a)(2) and (3) of this chapter, a competency check under 
Sec.  135.293(b) of this chapter, and an instrument proficiency check 
under Sec.  135.297 of this chapter provided the following conditions 
are met:
    (A) The competency check includes the maneuvers and procedures 
required for the issuance of a commercial pilot certificate with a 
powered-lift category rating, for the issuance of an instrument-
powered-lift rating and for the issuance of a powered-lift type rating.
    (B) The instrument proficiency check meets the requirements of 
Sec.  135.297 of this chapter as applicable to a pilot in command (PIC) 
holding a commercial pilot certificate except that the instrument 
approaches to be included in the check must include all instrument 
approaches required for the issuance of an instrument-powered-lift 
rating and not only those for which the pilot is to be authorized to 
perform in part 135 operations.
    (2) Sections 135.293(d) and 135.301(b) of this chapter are not 
applicable to the competency check and instrument proficiency check 
required by paragraph (b)(1)(iii) of this section.
    (3) A pilot who meets paragraph (b)(1) of this section will be 
issued a commercial pilot certificate with a powered-lift category 
rating, an instrument-powered-lift rating, and a powered-lift type 
rating.
    (4) An applicant who fails a check under paragraph (b)(1) of this 
section may reapply for the check only after the applicant has 
received:
    (i) The necessary training from an authorized instructor or 
instructor pilot who has determined that the applicant is proficient to 
pass the test; and
    (ii) An endorsement from an authorized instructor or instructor 
pilot who gave the applicant the additional training.
    (c) Part 135 certification testing and checking personnel. The 
testing, competency checks, and instrument proficiency checks required 
by paragraph (b) of this section must be administered by one of the 
following:
    (1) An FAA Aviation Safety Inspector.
    (2) An Aircrew Program Designee who is authorized to perform 
competency checks and instrument proficiency checks for the certificate 
holder whose approved ground and flight training curricula has been 
satisfactorily completed by the pilot applicant.
    (3) A Training Center Evaluator with appropriate certification 
authority who is also authorized to perform competency checks and 
instrument proficiency checks for the certificate holder whose approved 
ground and flight training curricula has been satisfactorily completed 
by the pilot applicant.


Sec.  194.245  Pilot qualification and program management requirements 
to operate powered-lift under subpart K to part 91 of this chapter.

    (a) Section 91.1055(a) of this chapter applies to powered-lift 
operating under subpart K to part 91.
    (b) Reference to class of aircraft in Sec.  91.1055(b)(2) of this 
chapter is inapplicable when a powered-lift is used for the operation 
under subpart K to part 91.


Sec.  194.247  Pilot qualification requirements to operate powered-lift 
under part 135 of this chapter.

    (a) Unless otherwise directed in this chapter, powered-lift must 
continue to comply with rules applicable to aircraft specified in part 
135.
    (b) To comply with Sec.  135.3 of this chapter, each certificate 
holder that conducts commuter operations under part 135 with powered-
lift for which two pilots are required by the type certificate must:
    (1) Comply with subpart Y to part 121 of this chapter instead of 
the requirements of subparts G and H to part 135; and
    (2) Include in initial ground training for pilots in command and 
upgrade ground training, instruction and facilitated discussion on the 
following:
    (i) Leadership and command; and
    (ii) Mentoring, including techniques for instilling and reinforcing 
the highest standards of technical performance, airmanship, and 
professionalism in newly hired pilots.
    (3) Include the training required by paragraph (b)(2)(ii) of this 
section in recurrent ground training for pilots in command every 36 
calendar months.
    (4) Include in initial flight training for pilots in command and 
upgrade flight training, sufficient scenario-based training 
incorporating crew resource management and leadership and command 
skills, to ensure the pilot's proficiency as pilot in command.
    (c) In lieu of compliance with the operating experience 
requirements listed in Sec.  135.244(a)(1) through (4) of this chapter, 
no certificate holder may use a person, nor may any person serve, as 
pilot in command of a powered-lift unless that person possesses 20 
hours of operating experience in each make and basic model of powered-
lift to be flown.
    (d) To comply with Sec.  135.345 of this chapter, initial, 
transition, and upgrade ground training for powered-lift pilots must 
include instruction in Sec.  135.345(b)(6)(iv) of this chapter, as 
applicable.


Sec.  194.249  References to class in parts 135, 141, and 142 of this 
chapter.

    (a) References to class of aircraft in Sec. Sec.  135.4(b)(2), 
135.247(a)(1) and (2), and 135.603 of this chapter are inapplicable 
when a powered-lift is used for the operation under part 135.
    (b) Notwithstanding the course content contained in the appendices 
to part 141, references to a class rating or a class of aircraft in 
those appendices is inapplicable when a powered-lift is used for the 
course of training.
    (c) References to class of aircraft in Sec. Sec.  142.11(d)(2)(ii), 
142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) of this chapter are 
inapplicable when a powered-lift or flight simulation training device 
representing a powered-lift is used for the operation under part 142.


Sec.  194.251  Alternate means to satisfy minimum curriculum content in 
training courses under part 142 of this chapter.

    A training course for which approval is requested is not required 
to consist of training on a task specified in an area of operation if 
the powered-lift is not capable of performing the task, provided the 
FAA has issued waiver authority for that task in accordance with Sec.  
194.207(b).

[[Page 92499]]

Sec.  194.253  Alternate requirements for powered-lift without fully 
functional dual controls used in flight training.

    (a) Powered-lift equipped with an instantly accessible single, 
functioning control. (1) A person may utilize the alternate requirement 
provided in paragraph (a)(2) of this section only if the applicant 
holds at least the certificates and ratings set forth by Sec.  
194.215(a) and instruction is provided by:
    (i) An instructor pilot for the manufacturer of the powered-lift 
under the manufacturer's proposed training curriculum, or
    (ii) A flight instructor under an approved training curriculum 
under part 135, 141, or 142 of this chapter, as applicable.
    (2) Notwithstanding the requirements of Sec. Sec.  61.195(g) and 
91.109(a) of this chapter, a person may operate a powered-lift that is 
being used for flight training without fully functioning dual controls 
provided--
    (i) The powered-lift is equipped with a single functioning flight 
control that is instantly accessible by both the applicant and the 
instructor;
    (ii) The single functioning flight control meets the certification 
standards for both pilot stations; and
    (iii) The instructor has determined that the flight can be 
conducted safely.
    (b) Full flight simulator training for powered-lift with single 
functioning controls and a single pilot station. A person may apply for 
a powered-lift category rating, an instrument-powered-lift rating, and 
a powered-lift type rating concurrently for a powered-lift with single 
controls and a single pilot station under an approved part 135, 141, or 
142 training program by meeting the requirements set forth in appendix 
A to this part.
    (c) Deviation authority. Notwithstanding the requirements of 
Sec. Sec.  61.195(g) and 91.109 of this chapter, the Administrator may 
authorize a deviation to operate a powered-lift that is being used for 
flight training in an approved training program under part 135, 141, or 
142 without fully functioning dual controls provided:
    (1) The certificate holder demonstrates in a form and manner 
acceptable to the Administrator that--
    (i) The person providing the flight training and the PIC observing 
any applicable supervised operating experience can take immediate 
corrective action and full control of the powered-lift;
    (ii) The flight training and any applicable supervised operating 
experience can be effectively conducted in the powered-lift; and
    (2) The Administrator determines that the alternate flight training 
and applicable supervised operating experience set forth by paragraph 
(c)(1) of this section will not adversely affect safety.
    (3) The FAA may cancel or amend a letter of deviation authority at 
any time if the Administrator determines that the requirements of this 
section are not met or if such action is necessary in the interest of 
safety.


Sec.  194.255  Alternate requirements for powered-lift without fully 
functioning dual controls used in supervised operating experience when 
adding a type rating.

    (a) Notwithstanding Sec.  61.64(f) of this chapter, a person who 
holds a powered-lift category, instrument-powered-lift rating, and 
powered-lift type rating and seeks an additional type rating for a 
powered-lift with a single functioning control and a single pilot 
station in accordance with Sec. Sec.  61.63(d) and 61.64(a) of this 
chapter, and does not meet requirements of Sec.  61.64(e), will receive 
a limitation on the certificate restricting the person operating the 
powered-lift type from carrying any person or property on the aircraft, 
other than necessary for the purpose of paragraph (b) of this section.
    (b) The limitation described in paragraph (a) of this section may 
be removed from the rating if the person complies with the following:
    (1) Performs 25 hours of flight time in the type of powered-lift 
for which the limitation applies under the observation of a fully rated 
pilot without limitations for the aircraft, maintaining full 
communication with the observing pilot,
    (2) Logs each flight and the observing pilot attests in writing to 
each flight, and
    (3) Presents evidence of the supervised operating experience to any 
examiner or Flight Standards office to have the limitation removed.
    (c) The observing pilot must have unobstructed visual sight of the 
controls and instrumentation.

Subpart C--Requirements for Persons Operating Powered-lift


Sec.  194.301  Applicability.

    Unless otherwise specified by this part, persons operating powered-
lift must continue to comply with rules applicable to all aircraft in 
parts 91, 135, and 136 of this chapter, as applicable to the operation. 
In addition, any sections or paragraphs within sections under parts 91 
and 135 that refer to specific categories of aircraft and that are not 
referenced in the SFAR table to Sec.  194.302 or Sec.  194.306, do not 
apply to powered-lift.


Sec.  194.302  Provisions under part 91 of this chapter applicable to 
powered-lift.

    No person may operate a powered-lift under part 91 of this chapter 
unless that person complies with the regulations listed in the first 
column of table 1 to this section, notwithstanding their applicability 
to airplanes, helicopters, or rotorcraft, subject to the applicability 
provisions in the second column, and any additional requirements or 
clarification specified in the third column:

                        Table 1 to Sec.   194.302
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability        requirements or
                                                        clarification
------------------------------------------------------------------------
                       Part 91, Subpart A--General
------------------------------------------------------------------------
(a) Section 91.9 (a) and (b)  Applies to all        The requirement for
 of this chapter.              powered-lift.         an approved
                                                     Aircraft Flight
                                                     Manual is set forth
                                                     in the
                                                     airworthiness
                                                     criteria
                                                     established under
                                                     Sec.   21.17(b) of
                                                     this chapter.
------------------------------------------------------------------------
                    Part 91, Subpart B--Flight Rules
------------------------------------------------------------------------
(b) Section 91.103(b)(1) of   Applies to powered-   ....................
 this chapter.                 lift for which an
                               approved Aircraft
                               Flight Manual
                               containing takeoff
                               and landing
                               distance data is
                               required.
(c) Section 91.107(a)(3)(i)   Applies to all        The exception under
 through (iii) of this         powered-lift.         Sec.   91.107(a)(3)
 chapter.                                            of this chapter for
                                                     seaplane and float
                                                     equipped rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.

[[Page 92500]]

 
(d) Section 91.119(d) of      Applies to powered-   Under Sec.
 this chapter.                 lift operating in     91.119(d) of this
                               vertical-lift         chapter, a powered-
                               flight mode.          lift may be
                                                     operated in
                                                     vertical-lift
                                                     flight mode at less
                                                     than the minimums
                                                     prescribed in Sec.
                                                      91.119(b) or (c)
                                                     of this chapter,
                                                     provided each
                                                     person operating
                                                     the powered-lift
                                                     complies with any
                                                     routes or altitudes
                                                     specifically
                                                     prescribed for
                                                     powered-lift by the
                                                     FAA.
(e) Section 91.126(b)(1) of   Applies to powered-   If the powered-lift
 this chapter.                 lift operating in     is operating in
                               wing-borne flight     vertical-lift
                               mode.                 flight mode, see
                                                     paragraph (f) of
                                                     this section.
(f) Section 91.126(b)(2) of   Applies to powered-   If the powered-lift
 this chapter.                 lift operating in     is operating in
                               vertical-lift         wing-borne flight
                               flight mode.          mode, see paragraph
                                                     (e) of this
                                                     section.
(g) Section 91.129(e)(1) and  Applies to large or   ....................
 (2), (g)(2), and (h) of       turbine-powered
 this chapter.                 powered-lift.
(h) Section 91.129(e)(3) of   Applies to powered-   ....................
 this chapter.                 lift preparing to
                               land in wing-borne
                               flight mode.
(i) Section 91.129(f)(1) of   Applies to powered-   (1) If the powered-
 this chapter.                 lift operating in     lift is operating
                               wing-borne flight     in vertical-lift
                               mode.                 flight mode, see
                                                     paragraph (j) of
                                                     this section.
                                                    (2) Section
                                                     91.129(f)(1) of
                                                     this chapter does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by air
                                                     traffic control
                                                     (ATC).
(j) Section 91.129(f)(2) of   Applies to powered-   (1) If the powered-
 this chapter.                 lift operating in     lift is operating
                               vertical-lift         in wing-borne
                               flight mode.          flight mode, see
                                                     paragraph (i) of
                                                     this section.
                                                    (2) Section
                                                     91.129(f)(2) does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by ATC.
(k) Section 91.131(a)(2) of   Applies to large
 this chapter.                 powered-lift.
(l) Section 91.151(a) and     Applies to powered-   (1) A powered-lift
 (b) of this chapter.          lift.                 with the
                                                     performance
                                                     capability, as
                                                     outlined in the
                                                     Aircraft Flight
                                                     Manual, to conduct
                                                     a landing in the
                                                     vertical-lift
                                                     flight mode along
                                                     the entire route of
                                                     flight may use the
                                                     VFR fuel
                                                     requirements
                                                     outlined in Sec.
                                                     91.151(b) of this
                                                     chapter.
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (l)(1) of
                                                     this section must
                                                     use the rule
                                                     requirements
                                                     outlined in Sec.
                                                     91.151(a) of this
                                                     chapter.
(m) Section 91.155(a) of      The helicopter        (1) Except as
 this chapter.                 provision under       provided in Sec.
                               Sec.   91.155(a) of   91.155(b) of this
                               this chapter          chapter, powered-
                               applies to powered-   lift that meet the
                               lift operating in     requirements of
                               vertical-lift         paragraph (m) of
                               flight mode and at    this section may
                               a speed that allows   operate under the
                               the pilot to see      helicopter VFR
                               any other traffic     visibility minimums
                               or obstructions in    outlined under Sec.
                               time to avoid a         91.155(a) of this
                               collision.            chapter in class G
                                                     airspace.
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (m) of
                                                     this section must
                                                     use the VFR
                                                     visibility minimums
                                                     in Sec.   91.155(a)
                                                     of this chapter for
                                                     aircraft other than
                                                     helicopters.
(n) Section 91.155(b)(1) of   Applies to powered-   (1) Powered-lift
 this chapter.                 lift operating in     that meet the
                               the vertical-lift     requirements of
                               flight mode and at    paragraph (n) of
                               a speed that allows   this section may
                               the pilot to see      use the VFR
                               any other traffic     visibility minimums
                               or obstructions in    outlined in Sec.
                               time to avoid a       91.155(b)(1) of
                               collision.            this chapter in
                                                     Class G airspace.
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (n) of
                                                     this section must
                                                     use the visibility
                                                     minimums outlined
                                                     in Sec.
                                                     91.155(b)(2) of
                                                     this chapter.
(o) Section 91.155(b)(2) of   Applies to powered-   Powered-lift
 this chapter.                 lift.                 operating in Class
                                                     G airspace that
                                                     cannot meet the
                                                     requirements of
                                                     paragraph (n) of
                                                     this section must
                                                     use the VFR
                                                     visibility minimums
                                                     outlined under Sec.
                                                       91.155(b)(2) of
                                                     this chapter.
(p) Section 91.157(b)(3),     The helicopter        ....................
 (b)(4), and (c) of this       exceptions outlined
 chapter.                      in Sec.
                               91.157(b)(3),
                               (b)(4), and (c) of
                               this chapter apply
                               to powered-lift
                               operating in
                               vertical-lift
                               flight mode when
                               those aircraft are
                               operated at a speed
                               that allows the
                               pilot to see any
                               other traffic or
                               obstructions in
                               time to avoid a
                               collision.
(q) Section 91.167(a)(3) and  The helicopter        (1) Powered-lift
 (b)(2)(ii) of this chapter.   provisions in Sec.    that meet the
                                91.167(a)(3) and     requirements of
                               (b)(2)(ii) of this    paragraph (q) of
                               chapter apply to      this section may
                               powered-lift          use the helicopter
                               authorized to         provisions under
                               conduct copter        Sec.   91.167(a)(3)
                               procedures and that   and (b)(2)(ii) of
                               have the              this chapter.
                               performance          (2) Powered-lift
                               capability for the    that are unable to
                               entire flight to      meet the
                               conduct a landing     requirements
                               in the vertical-      outlined in
                               lift flight mode,     paragraph (q) of
                               as outlined in the    this section must
                               Aircraft Flight       use the 45-minute
                               Manual.               fuel requirement
                                                     outlined in Sec.
                                                     91.167(a)(3) of
                                                     this chapter and
                                                     the aircraft
                                                     requirement
                                                     outlined in Sec.
                                                     91.167(b)(2)(i) of
                                                     this chapter.
(r) Section 91.169(b)(2)(ii)  Applies to powered-   (1) Powered-lift
 and (c)(1)(ii) of this        lift authorized to    that meet the
 chapter.                      conduct copter        requirements of
                               procedures and that   paragraph (r) of
                               have the              this section may
                               performance           use the helicopter
                               capability to land    provisions
                               in the vertical-      specified in Sec.
                               lift flight mode,     91.169(b)(2)(ii)
                               as outlined in the    and (c)(1)(ii) of
                               Aircraft Flight       this chapter.
                               Manual.              (2) Powered-lift
                                                     that are unable to
                                                     meet the
                                                     requirements
                                                     outlined in
                                                     paragraph (r) of
                                                     this section must
                                                     use the
                                                     requirements for
                                                     aircraft other than
                                                     helicopters under
                                                     Sec.
                                                     91.169(b)(2)(i) and
                                                     (c)(1)(i) of this
                                                     chapter.
(s) Section                   Applies to powered-   Powered-lift with
 91.175(f)(2)(iii) of this     lift with two         two engines or less
 chapter.                      engines or less,      that are unable to
                               that takeoff in       meet the
                               vertical-lift         requirements
                               flight mode, and      outlined in this
                               that are authorized   paragraph (s) must
                               to conduct copter     comply with Sec.
                               procedures.           91.175(f)(2)(i) of
                                                     this chapter.
(t) Section 91.175(f)(4)(i)   Applies to part 135   ....................
 of this chapter.              of this chapter
                               powered-lift
                               operators required
                               to comply with
                               subpart I to part
                               135 of this chapter.
------------------------------------------------------------------------
 Part 91, Subpart C--Equipment, Instrument, and Certificate Requirements
------------------------------------------------------------------------
(u) Section 91.205(b)(11)     Applies to small      Position and anti-
 and (14) of this chapter.     powered-lift.         collision lights
                                                     must meet Sec.
                                                     23.2530(b) of this
                                                     chapter.

[[Page 92501]]

 
(v) Section 91.205(d)(3)(i)   Applies to powered-
 of this chapter.              lift certified for
                               instrument flight
                               rules operations.
(w) Section 91.207 of this    Applies to all
 chapter.                      powered-lift.
(x) Section 91.219 of this    Applies to all
 chapter.                      powered-lift.
(y) Section 91.223(a) and     Applies to powered-   Instead of terrain
 (c) of this chapter.          lift configured       awareness and
                               with 6 or more        warning system
                               passenger seats,      (TAWS), powered-
                               excluding any pilot   lift must be
                               seat.                 equipped with a
                                                     helicopter terrain
                                                     awareness and
                                                     warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     TSO-C194 and
                                                     Section 2 of RTCA
                                                     DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
------------------------------------------------------------------------
              Part 91, Subpart D--Special Flight Operations
------------------------------------------------------------------------
(z) Section 91.313(g) of      Applies to
 this chapter.                 restricted category
                               small powered-lift.
------------------------------------------------------------------------
Part 91, Subpart E--Maintenance, Preventive Maintenance, and Alterations
------------------------------------------------------------------------
(aa) Section 91.409(e)        Applies to            (1) Unless otherwise
 through (h) of this chapter.  technically-          authorized by the
                               advanced powered-     Administrator, a
                               lift which are        technically
                               powered-lift          advanced powered-
                               equipped with an      lift must be
                               electronically        equipped with an
                               advanced system in    electronically
                               which the pilot       advanced multi-
                               interfaces with a     computer system
                               multi-computer        that includes one
                               system with           or more of the
                               increasing levels     following installed
                               of automation in      components:
                               order to aviate,     (i) An electronic
                               navigate, or          Primary Flight
                               communicate.          Display (PFD) that
                                                     includes, at a
                                                     minimum, an
                                                     airspeed indicator,
                                                     turn coordinator,
                                                     attitude indicator,
                                                     heading indicator,
                                                     altimeter, and
                                                     vertical speed
                                                     indicator;
                                                    (ii) An electronic
                                                     Multifunction
                                                     Display (MFD) that
                                                     includes, at a
                                                     minimum, a moving
                                                     map using Global
                                                     Positioning System
                                                     (GPS) navigation
                                                     with the aircraft
                                                     position displayed;
                                                    (iii) A multi-axis
                                                     autopilot
                                                     integrated with the
                                                     navigation and
                                                     heading guidance
                                                     system; and
                                                    (iv) Aircraft design
                                                     with advanced fly-
                                                     by-wire-flight
                                                     control system that
                                                     utilizes
                                                     electronically
                                                     operated controls
                                                     with no direct
                                                     mechanical link
                                                     from the pilot to
                                                     the control
                                                     surfaces.
                                                    (2) The display
                                                     elements described
                                                     in paragraphs
                                                     (aa)(1)(i) and (ii)
                                                     of this section
                                                     must be
                                                     continuously
                                                     visible.
(bb) Section 91.411 of this   Applies to all
 chapter.                      powered-lift.
------------------------------------------------------------------------
 Part 91, Subpart F--Large and Turbine-Powered Multiengine Airplanes and
                  Fractional Ownership Program Aircraft
------------------------------------------------------------------------
(cc) Section 91.501 of this   Applies to large      Any sections or
 chapter.                      powered-lift          paragraphs within
                               regardless of         sections to subpart
                               powerplant, as well   F to part 91 of
                               as powered-lift       this chapter that
                               operating under       refer to a specific
                               subpart K to part     category of
                               91 of this chapter,   aircraft and that
                               and subject to any    are not referenced
                               limitations           in this table or
                               outlined in this      the table to Sec.
                               part.                 194.306, do not
                                                     apply to powered-
                                                     lift.
(dd) Section 91.503 of this   Applies to powered-   Powered-lift may
 chapter.                      lift subject to the   comply with Sec.
                               requirements of       91.503(a)(5) of
                               subpart F to part     this chapter by
                               91 of this chapter    having the
                               as specified in       appropriate engine
                               paragraph (cc) of     or multiple-engines
                               this section.         inoperative climb
                                                     performance data
                                                     available at the
                                                     pilot station of
                                                     the aircraft.
(ee) Section 91.505 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(ff) Section 91.507 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(gg) Section 91.509 of this   Applies to powered-   (1) Powered-lift
 chapter.                      lift subject to the   operating over
                               requirements of       water under Sec.
                               subpart F to part     91.509(a) or (b) of
                               91 of this chapter    this chapter may
                               as specified in       use either the
                               paragraph (cc) of     nearest shore or
                               this section.         the nearest off-
                                                     shore heliport
                                                     structure by which
                                                     to measure the
                                                     nautical mile
                                                     limits provided in
                                                     Sec.   91.509(a)
                                                     and (b).
                                                    (2) The lifeline
                                                     required by Sec.
                                                     91.509(b)(5) of
                                                     this chapter must
                                                     be stored in
                                                     accordance with
                                                     Sec.   25.1411(g)
                                                     of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(hh) Section 91.511 of this   Applies to powered-   Powered-lift
 chapter.                      lift subject to the   operating over
                               requirements of       water under Sec.
                               subpart F to part     91.511(a) of this
                               91 of this chapter    chapter may use
                               as specified in       either the nearest
                               paragraph (cc) of     shore or the
                               this section.         nearest off-shore
                                                     heliport structure
                                                     by which to measure
                                                     the nautical mile
                                                     limits provided in
                                                     Sec.   91.511(a).
(ii) Section 91.513 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(jj) Section 91.515 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(kk) Section 91.517 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.

[[Page 92502]]

 
(ll) Section 91.519 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(mm) Section 91.521 of this   Applies to large      The safety belt and
 chapter.                      powered-lift          shoulder harness
                               subject to the        required by Sec.
                               requirements of       91.521 of this
                               subpart F to part     chapter must comply
                               91 of this chapter    with Sec.   25.785
                               as specified in       of this chapter or
                               paragraph (cc) of     such airworthiness
                               this section.         criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(nn) Section 91.523 of this   Applies to powered-   The carry-on baggage
 chapter.                      lift having a         required by Sec.
                               seating capacity of   91.523 of this
                               more than 19          chapter must be
                               passengers subject    stowed such that it
                               to the requirements   can withstand the
                               of subpart F to       inertia forces
                               part 91 of this       specified in Sec.
                               chapter as            25.561(b)(3) of
                               specified in          this chapter or
                               paragraph (cc) of     such airworthiness
                               this section.         criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(oo) Section 91.525 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
(pp) Section 91.527(a) of     Applies to powered-   (1) Powered-lift
 this chapter.                 lift subject to the   critical surfaces,
                               requirements of       as outlined in the
                               subpart F to part     Aircraft Flight
                               91 of this chapter    Manual for that
                               as specified in       aircraft, must also
                               paragraph (cc) of     be determined to be
                               this section.         free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
(qq) Section 91.527(b)(2)     Applies to powered-   Instead of Sec.
 and (3) of this chapter.      lift subject to the   91.527(b)(2) and
                               requirements of       (3) of this
                               subpart F to part     chapter, to operate
                               91 of this chapter    instrument flight
                               as specified in       rules (IFR) into
                               paragraph (cc) of     known light or
                               this section.         moderate icing
                                                     conditions or VFR
                                                     into known light or
                                                     moderate icing
                                                     conditions, an
                                                     operator must
                                                     comply with Sec.
                                                     194.306(xx).
(rr) Section 91.527(c) of     Applies to powered-   No pilot may fly a
 this chapter.                 lift subject to the   powered-lift into
                               requirements of       known or forecast
                               subpart F to part     severe icing
                               91 of this chapter    conditions.
                               as specified in
                               paragraph (cc) of
                               this section.
(ss) Section 91.531(a)(1)     Applies to powered-   ....................
 and (2), (b), and (c) of      lift subject to the
 this chapter.                 requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section and
                               that meet the
                               additional
                               requirements as set
                               forth in each
                               paragraph of Sec.
                               91.531 of this
                               chapter; Sec.
                               91.531(b)(2) of
                               this chapter
                               applies to large
                               powered-lift that
                               meet the additional
                               requirements set
                               forth in that
                               paragraph.
(tt) Section 91.533 of this   Applies to powered-   ....................
 chapter.                      lift subject to the
                               requirements of
                               subpart F to part
                               91 of this chapter
                               as specified in
                               paragraph (cc) of
                               this section.
------------------------------------------------------------------------
 Part 91, Subpart G--Additional Equipment and Operating Requirements for
                  Large and Transport Category Aircraft
------------------------------------------------------------------------
(uu) Section 91.603 of this   Applies to large      The aural speed
 chapter.                      powered-lift.         warning device
                                                     required by Sec.
                                                     91.603 of this
                                                     chapter must comply
                                                     with Sec.
                                                     25.1303(c)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(vv) Section 91.605(b)(1) of  Applies to large      The Aircraft Flight
 this chapter.                 powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(ww) Section 91.605(b)(2) of  Applies to large      The Aircraft Flight
 this chapter.                 powered-lift.         Manual must contain
                                                     the landing
                                                     performance
                                                     information.
(xx) Section 91.605(b)(3),    Applies to large      ....................
 (b)(4)(ii), and (c) of this   powered-lift that
 chapter.                      execute takeoff
                               operations using
                               wing-borne lift and
                               that have takeoff
                               performance
                               information
                               contained in the
                               Aircraft Flight
                               Manual.
(yy) Section 91.609(c), (d),  Paragraph (c) of      (1) Operators of
 (e), (i), and (j) of this     Sec.   91.609 of      powered-lift having
 chapter.                      this chapter          a passenger seating
                               applies to powered-   configuration,
                               lift with a           excluding any pilot
                               passenger seating     seat, of 10 or more
                               configuration,        must comply with
                               excluding any pilot   Sec.   194.310 or
                               seats, of 10 or       Sec.   194.311 in
                               more seats; Sec.      lieu of the
                               91.609(e) of this     appendices
                               chapter applies to    referenced in Sec.
                               powered-lift with a    91.609(c)(1) of
                               passenger seating     this chapter.
                               configuration of     (2) For compliance
                               six or more seats     with Sec.
                               and for which two     91.609(c)(3),
                               pilots are required   (e)(1), and (i) of
                               by type               this chapter,
                               certification or      powered-lift must
                               operating rule;       comply with the
                               Sec.   91.609(d) of   certification
                               this chapter          provisions listed
                               applies to powered-   in those paragraphs
                               lift required by      or such
                               that section to       airworthiness
                               have a flight data    criteria as the FAA
                               recorder; and Sec.    may find provide an
                                91.609(i) and (j)    equivalent level of
                               of this chapter       safety in
                               apply to powered-     accordance with
                               lift required by      Sec.   21.17(b) of
                               that section to       this chapter.
                               have a cockpit       (3) Under Sec.
                               voice recorder and    91.609(d) of this
                               a flight data         chapter, the flight
                               recorder.             recorder must
                                                     operate
                                                     continuously from
                                                     the earlier of when
                                                     the powered-lift
                                                     begins the takeoff
                                                     roll or begins lift-
                                                     off until the later
                                                     of when the powered-
                                                     lift completes the
                                                     landing roll or
                                                     lands at its
                                                     destination.
(zz) Section 91.613(b)(2) of  Applies to large      The thermal/acoustic
 this chapter.                 powered-lift.         installation
                                                     materials required
                                                     by Sec.
                                                     91.613(b)(2) of
                                                     this chapter must
                                                     meet the
                                                     requirements of
                                                     Sec.   25.856 of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
------------------------------------------------------------------------
           Part 91, Subpart K--Fractional Ownership Operations
------------------------------------------------------------------------
(aaa) Section 91.1037 of      Applies to large      If a powered-lift
 this chapter.                 powered-lift          operator is
                               subject to the        required to comply
                               requirements of       with this section,
                               subpart K to part     the operator must
                               91 of this chapter    also comply with
                               that are              Sec.
                               certificated to       91.1025(o)(7) of
                               conduct landing       this chapter.
                               operations in wing-
                               borne flight mode
                               as indicated in the
                               Aircraft Flight
                               Manual.
(bbb) Section 91.1041(b) and  Applies to all        ....................
 (d) of this chapter.          powered-lift
                               subject to the
                               requirements of
                               subpart K to part
                               91 of this chapter.

[[Page 92503]]

 
(ccc) Section 91.1045(a) of   Applies to powered-   Under Sec.
 this chapter.                 lift subject to the   91.1045(a)(3) of
                               requirements of       this chapter,
                               subpart K to part     instead of TAWS,
                               91 of this chapter    powered-lift must
                               with a passenger-     be equipped with a
                               seat configuration    helicopter terrain
                               of more than 30       awareness and
                               seats or a payload    warning system
                               capacity of more      (HTAWS) that meets
                               than 7,500 pounds.    the requirements in
                                                     TSO-C194 and
                                                     Section 2 of RTCA
                                                     DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(ddd) Section 91.1045(b) of   Applies to powered-   Compliance with Sec.
 this chapter.                 lift subject to the     91.1045(b)(3) of
                               requirements of       this chapter
                               subpart K to part     requires a
                               91 of this chapter    helicopter terrain
                               with a passenger-     awareness and
                               seat configuration    warning system that
                               of 30 seats or        complies with Sec.
                               fewer, excluding       194.306(s).
                               each crewmember,
                               and a payload
                               capacity of 7,500
                               pounds or less.
------------------------------------------------------------------------


                        Table 1 to Sec.   194.302
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability        requirements or
                                                        clarification
------------------------------------------------------------------------
                       Part 91, Subpart A--General
------------------------------------------------------------------------
(a) Section 91.9 (a) and (b)  Applies to all        The requirement for
 of this chapter.              powered-lift.         an approved
                                                     Aircraft Flight
                                                     Manual is set forth
                                                     in the
                                                     airworthiness
                                                     criteria
                                                     established under
                                                     Sec.   21.17(b) of
                                                     this chapter.
------------------------------------------------------------------------
                    Part 91, Subpart B--Flight Rules
------------------------------------------------------------------------
(b) Section 91.103(b)(1) of   Applies to powered-   ....................
 this chapter.                 lift for which an
                               approved Aircraft
                               Flight Manual
                               containing takeoff
                               and landing
                               distance data is
                               required.
(c) Section 91.107(a)(3)(i)   Applies to all        The exception under
 through (iii) of this         powered-lift.         Sec.   91.107(a)(3)
 chapter.                                            of this chapter for
                                                     seaplane and float
                                                     equipped rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.
(d) Section 91.119(d) of      Applies to powered-   Under Sec.
 this chapter.                 lift operating in     91.119(d) of this
                               vertical-lift         chapter, a powered-
                               flight mode.          lift may be
                                                     operated in
                                                     vertical-lift
                                                     flight mode at less
                                                     than the minimums
                                                     prescribed in Sec.
                                                      91.119(b) or (c)
                                                     of this chapter,
                                                     provided each
                                                     person operating
                                                     the powered-lift
                                                     complies with any
                                                     routes or altitudes
                                                     specifically
                                                     prescribed for
                                                     powered-lift by the
                                                     FAA.
(e) Section 91.126(b)(1) of   Applies to powered-   If the powered-lift
 this chapter.                 lift operating in     is operating in
                               wing-borne flight     vertical-lift
                               mode.                 flight mode, see
                                                     paragraph (f) of
                                                     this section.
(f) Section 91.126(b)(2) of   Applies to powered-   If the powered-lift
 this chapter.                 lift operating in     is operating in
                               vertical-lift         wing-borne flight
                               flight mode.          mode, see paragraph
                                                     (e) of this
                                                     section.
(g) Section 91.129(e)(1) and  Applies to large or
 (2), (g)(2), and (h) of       turbine-powered
 this chapter.                 powered-lift.
(h) Section 91.129(e)(3) of   Applies to powered-
 this chapter.                 lift preparing to
                               land in wing-borne
                               flight mode.
(i) Section 91.129(f)(1) of   Applies to powered-   (1) If the powered-
 this chapter.                 lift operating in     lift is operating
                               wing-borne flight     in vertical-lift
                               mode.                 flight mode, see
                                                     paragraph (j) of
                                                     this section.
                                                    (2) Section
                                                     91.129(f)(1) does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by air
                                                     traffic control
                                                     (ATC).
(j) Section 91.129(f)(2) of   Applies to powered-   (1) If the powered-
 this chapter.                 lift operating in     lift is operating
                               vertical-lift         in wing-borne
                               flight mode.          flight mode, see
                                                     paragraph (i) of
                                                     this section.
                                                    (2) Section
                                                     91.129(f)(2) does
                                                     not apply when the
                                                     operator of a
                                                     powered-lift is
                                                     conducting a
                                                     circling approach
                                                     under part 97 of
                                                     this chapter or
                                                     when otherwise
                                                     requested by ATC.
(k) Section 91.131(a)(2) of   Applies to large
 this chapter.                 powered-lift.
(l) Section 91.151(a) and     Applies to powered-   (1) A powered-lift
 (b) of this chapter.          lift.                 with the
                                                     performance
                                                     capability, as
                                                     outlined in the
                                                     Aircraft Flight
                                                     Manual, to conduct
                                                     a landing in the
                                                     vertical-lift
                                                     flight mode along
                                                     the entire route of
                                                     flight may use the
                                                     VFR fuel
                                                     requirements
                                                     outlined in Sec.
                                                     91.151(b).
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (l)(1) of
                                                     this section must
                                                     use the rule
                                                     requirements
                                                     outlined in Sec.
                                                     91.151(a).
(m) Section 91.155(a) of      The helicopter        (1) Except as
 this chapter.                 provision under       provided in Sec.
                               Sec.   91.155(a)      91.155(b), powered-
                               applies to powered-   lift that meet the
                               lift operating in     requirements of
                               vertical-lift         paragraph (m) of
                               flight mode and at    this section may
                               a speed that allows   operate under the
                               the pilot to see      helicopter VFR
                               any other traffic     visibility minimums
                               or obstructions in    outlined under Sec.
                               time to avoid a         91.155(a) in
                               collision.            class G airspace.
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (m) of
                                                     this section must
                                                     use the VFR
                                                     visibility minimums
                                                     in Sec.   91.155(a)
                                                     for aircraft other
                                                     than helicopters.
(n) Section 91.155(b)(1) of   Applies to powered-   (1) Powered-lift
 this chapter.                 lift operating in     that meet the
                               the vertical-lift     requirements of
                               flight mode and at    paragraph (n) of
                               a speed that allows   this section may
                               the pilot to see      use the VFR
                               any other traffic     visibility minimums
                               or obstructions in    outlined in Sec.
                               time to avoid a       91.155(b)(1) in
                               collision.            Class G airspace.
                                                    (2) Powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (n) of
                                                     this section must
                                                     use the visibility
                                                     minimums outlined
                                                     in Sec.
                                                     91.155(b)(2).
(o) Section 91.155(b)(2) of   Applies to powered-   Powered-lift
 this chapter.                 lift.                 operating in Class
                                                     G airspace that
                                                     cannot meet the
                                                     requirements of
                                                     paragraph (n) of
                                                     this section must
                                                     use the VFR
                                                     visibility minimums
                                                     outlined under Sec.
                                                       91.155(b)(2).

[[Page 92504]]

 
(p) Section 91.157(b)(3),     The helicopter        ....................
 (b)(4), and (c) of this       exceptions outlined
 chapter.                      in Sec.
                               91.157(b)(3),
                               (b)(4), and (c)
                               apply to powered-
                               lift operating in
                               vertical-lift
                               flight mode when
                               those aircraft are
                               operated at a speed
                               that allows the
                               pilot to see any
                               other traffic or
                               obstructions in
                               time to avoid a
                               collision.
(q) Section 91.167(a)(3) and  The helicopter        (1) Powered-lift
 (b)(2)(ii) of this chapter.   provisions in Sec.    that meet the
                                91.167(a)(3) and     requirements of
                               (b)(2)(ii) apply to   paragraph (q) of
                               powered-lift          this section may
                               authorized to         use the helicopter
                               conduct copter        provisions under
                               procedures and that   Sec.   91.167(a)(3)
                               have the              and
                               performance           91.167(b)(2)(ii).
                               capability for the   (2) Powered-lift
                               entire flight to      that are unable to
                               conduct a landing     meet the
                               in the vertical-      requirements
                               lift flight mode,     outlined in
                               as outlined in the    paragraph (q) of
                               Aircraft Flight       this section must
                               Manual.               use the 45-minute
                                                     fuel requirement
                                                     outlined in Sec.
                                                     91.167(a)(3) and
                                                     the aircraft
                                                     requirement
                                                     outlined in Sec.
                                                     91.167(b)(2)(i).
(r) Section 91.169(b)(2)(ii)  Applies to powered-   (1) Powered-lift
 and (c)(1)(ii) of this        lift authorized to    that meet the
 chapter.                      conduct copter        requirements of
                               procedures and that   paragraph (r) of
                               have the              this section may
                               performance           use the helicopter
                               capability to land    provisions
                               in the vertical-      specified in Sec.
                               lift flight mode,     91.169(b)(2)(ii)
                               as outlined in the    and Sec.
                               Aircraft Flight       91.169(c)(1)(ii).
                               Manual.              (2) Powered-lift
                                                     that are unable to
                                                     meet the
                                                     requirements
                                                     outlined in
                                                     paragraph (r) of
                                                     this section must
                                                     use the
                                                     requirements for
                                                     aircraft other than
                                                     helicopters under
                                                     Sec.
                                                     91.169(b)(2)(i) and
                                                     (c)(1)(i).
(s) Section                   Applies to powered-   Powered-lift with
 91.175(f)(2)(iii) of this     lift with two         two engines or less
 chapter.                      engines or less,      that are unable to
                               that takeoff in       meet the
                               vertical-lift         requirements
                               flight mode, and      outlined in this
                               that are authorized   paragraph (s) must
                               to conduct copter     comply with Sec.
                               procedures.           91.175(f)(2)(i).
(t) Section 91.175(f)(4)(i)   Applies to part 135   ....................
 of this chapter.              powered-lift
                               operators required
                               to comply with
                               subpart I to part
                               135 of this chapter.
------------------------------------------------------------------------
 Part 91, Subpart C--Equipment, Instrument, and Certificate Requirements
------------------------------------------------------------------------
(u) Section 91.205(b)(11)     Applies to small      Position and anti-
 and (14).                     powered-lift.         collision lights
                                                     must meet Sec.
                                                     23.2530(b) of this
                                                     chapter.
(v) Section 91.205(d)(3)(i).  Applies to powered-   ....................
                               lift certified for
                               instrument flight
                               rules operations.
(w) Section 91.207..........  Applies to all
                               powered-lift.
(x) Section 91.219..........  Applies to all
                               powered-lift.
(y) Section 91.223(a) and     Applies to powered-   Instead of terrain
 (c).                          lift configured       awareness and
                               with 6 or more        warning system
                               passenger seats,      (TAWS), powered-
                               excluding any pilot   lift must be
                               seat.                 equipped with a
                                                     helicopter terrain
                                                     awareness and
                                                     warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
------------------------------------------------------------------------
              Part 91, Subpart D--Special Flight Operations
------------------------------------------------------------------------
(z) Section 91.313(g).......  Applies to
                               restricted category
                               small powered-lift.
------------------------------------------------------------------------
Part 91, Subpart E--Maintenance, Preventive Maintenance, and Alterations
------------------------------------------------------------------------
(aa) Section 91.409(e)        Applies to            (1) Unless otherwise
 through (h).                  technically-          authorized by the
                               advanced powered-     Administrator, a
                               lift which are        technically
                               powered-lift          advanced powered-
                               equipped with an      lift must be
                               electronically        equipped with an
                               advanced system in    electronically
                               which the pilot       advanced multi-
                               interfaces with a     computer system
                               multi-computer        that includes one
                               system with           or more of the
                               increasing levels     following installed
                               of automation in      components:
                               order to aviate,     (i) An electronic
                               navigate, or          Primary Flight
                               communicate.          Display (PFD) that
                                                     includes, at a
                                                     minimum, an
                                                     airspeed indicator,
                                                     turn coordinator,
                                                     attitude indicator,
                                                     heading indicator,
                                                     altimeter, and
                                                     vertical speed
                                                     indicator;
                                                    (ii) An electronic
                                                     Multifunction
                                                     Display (MFD) that
                                                     includes, at a
                                                     minimum, a moving
                                                     map using Global
                                                     Positioning System
                                                     (GPS) navigation
                                                     with the aircraft
                                                     position displayed;
                                                    (iii) A multi-axis
                                                     autopilot
                                                     integrated with the
                                                     navigation and
                                                     heading guidance
                                                     system; and
                                                    (iv) Aircraft design
                                                     with advanced fly-
                                                     by-wire-flight
                                                     control system that
                                                     utilizes
                                                     electronically
                                                     operated controls
                                                     with no direct
                                                     mechanical link
                                                     from the pilot to
                                                     the control
                                                     surfaces.
                                                    (2) The display
                                                     elements described
                                                     in paragraphs
                                                     (aa)(1)(i) and (ii)
                                                     of this section
                                                     must be
                                                     continuously
                                                     visible.
(bb) Section 91.411.........  Applies to all
                               powered-lift.
------------------------------------------------------------------------
 Part 91, Subpart F--Large and Turbine-Powered Multiengine Airplanes and
                  Fractional Ownership Program Aircraft
------------------------------------------------------------------------
(cc) Section 91.501.........  Applies to large      Any sections or
                               powered-lift          paragraphs within
                               regardless of         sections to subpart
                               powerplant, as well   F to part 91 that
                               as powered-lift       refer to a specific
                               operating under       category of
                               subpart K to part     aircraft and that
                               91, and subject to    are not referenced
                               any limitations       in the SFAR tables
                               outlined in this      to this section or
                               SFAR.                 Sec.   194.306, do
                                                     not apply to
                                                     powered-lift.
(dd) Section 91.503.........  Applies to powered-   Powered-lift may
                               lift subject to the   comply with Sec.
                               requirements of       91.503(a)(5) by
                               subpart F to part     having the
                               91 as specified in    appropriate engine
                               paragraph (cc) of     or multiple-engines
                               this section.         inoperative climb
                                                     performance data
                                                     available at the
                                                     pilot station of
                                                     the aircraft.
(ee) Section 91.505.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(ff) Section 91.507.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.

[[Page 92505]]

 
(gg) Section 91.509.........  Applies to powered-   (1) Powered-lift
                               lift subject to the   operating over
                               requirements of       water under Sec.
                               subpart F to part     91.509(a) or (b)
                               91 as specified in    may use either the
                               paragraph (cc) of     nearest shore or
                               this section.         the nearest off-
                                                     shore heliport
                                                     structure by which
                                                     to measure the
                                                     nautical mile
                                                     limits provided in
                                                     Sec.   91.509(a)
                                                     and (b).
                                                    (2) The lifeline
                                                     required by Sec.
                                                     91.509(b)(5) must
                                                     be stored in
                                                     accordance with
                                                     Sec.   25.1411(g)
                                                     of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(hh) Section 91.511.........  Applies to powered-   Powered-lift
                               lift subject to the   operating over
                               requirements of       water under Sec.
                               subpart F to part     91.511(a) may use
                               91 as specified in    either the nearest
                               paragraph (cc) of     shore or the
                               this section.         nearest off-shore
                                                     heliport structure
                                                     by which to measure
                                                     the nautical mile
                                                     limits provided in
                                                     Sec.   91.511(a).
(ii) Section 91.513.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(jj) Section 91.515.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(kk) Section 91.517.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(ll) Section 91.519.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(mm) Section 91.521.........  Applies to large      The safety belt and
                               powered-lift          shoulder harness
                               subject to the        required by Sec.
                               requirements of       91.521 must comply
                               subpart F to part     with Sec.   25.785
                               91 as specified in    of this chapter or
                               paragraph (cc) of     such airworthiness
                               this section.         criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(nn) Section 91.523.........  Applies to powered-   The carry-on baggage
                               lift having a         required by Sec.
                               seating capacity of   91.523 must be
                               more than 19          stowed such that it
                               passengers subject    can withstand the
                               to the requirements   inertia forces
                               of subpart F to       specified in Sec.
                               part 91 as            25.561(b)(3) of
                               specified in          this chapter or
                               paragraph (cc) of     such airworthiness
                               this section.         criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(oo) Section 91.525.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
(pp) Section 91.527(a)......  Applies to powered-   (1) Powered-lift
                               lift subject to the   critical surfaces,
                               requirements of       as outlined in the
                               subpart F to part     Aircraft Flight
                               91m as specified in   Manual for that
                               paragraph (cc) of     aircraft, must also
                               this section.         be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
(qq) Section 91.527(b)(2)     Applies to powered-   Instead of Sec.
 and (3).                      lift subject to the   91.527(b)(2) and
                               requirements of       (3), to operate
                               subpart F to part     instrument flight
                               91 as specified in    rules (IFR) into
                               paragraph (cc) of     known light or
                               this section.         moderate icing
                                                     conditions or VFR
                                                     into known light or
                                                     moderate icing
                                                     conditions, an
                                                     operator must
                                                     comply with Sec.
                                                     194.306(xx).
(rr) Section 91.527(c)......  Applies to powered-   No pilot may fly a
                               lift subject to the   powered-lift into
                               requirements of       known or forecast
                               subpart F to part     severe icing
                               91 as specified in    conditions.
                               paragraph (cc) of
                               this section.
(ss) Section 91.531(a)(1)     Applies to powered-   ....................
 and (2), (b), and (c).        lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section and
                               that meet the
                               additional
                               requirements as set
                               forth in each
                               paragraph of Sec.
                               91.531. Section
                               91.531(b)(2)
                               applies to large
                               powered-lift that
                               meet the additional
                               requirements set
                               forth in that
                               paragraph.
(tt) Section 91.533.........  Applies to powered-   ....................
                               lift subject to the
                               requirements of
                               subpart F to part
                               91 as specified in
                               paragraph (cc) of
                               this section.
------------------------------------------------------------------------
 Part 91, Subpart G--Additional Equipment and Operating Requirements for
                  Large and Transport Category Aircraft
------------------------------------------------------------------------
(uu) Section 91.603.........  Applies to large      The aural speed
                               powered-lift.         warning device
                                                     required by Sec.
                                                     91.603 must comply
                                                     with Sec.
                                                     25.1303(c)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(vv) Section 91.605(b)(1)...  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(ww) Section 91.605(b)(2)...  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the landing
                                                     performance
                                                     information.
(xx) Section 91.605(b)(3),    Applies to large      ....................
 (b)(4)(ii), and (c).          powered-lift that
                               execute takeoff
                               operations using
                               wing-borne lift and
                               that have takeoff
                               performance
                               information
                               contained in the
                               Aircraft Flight
                               Manual.
(yy) Section 91.609(c), (d),  Paragraph (c) of      (1) Operators of
 (e), (i), and (j).            Sec.   91.609         powered-lift having
                               applies to powered-   a passenger seating
                               lift with a           configuration,
                               passenger seating     excluding any pilot
                               configuration,        seat, of 10 or more
                               excluding any pilot   must comply with
                               seats, of 10 or       Sec.   194.310 or
                               more seats;           Sec.   194.311 in
                               paragraph (e) of      lieu of the
                               Sec.   91.609         appendices
                               applies to powered-   referenced in Sec.
                               lift with a            91.609(c)(1).
                               passenger seating    (2) For compliance
                               configuration of      with Sec.
                               six or more seats     91.609(c)(3),
                               and for which two     (e)(1), and (i),
                               pilots are required   powered-lift must
                               by type               comply with the
                               certification or      certification
                               operating rule;       provisions listed
                               paragraph (d) of      in those paragraphs
                               Sec.   91.609         or such
                               applies to powered-   airworthiness
                               lift required by      criteria as the FAA
                               that section to       may find provide an
                               have a flight data    equivalent level of
                               recorder; and         safety in
                               paragraphs (i) and    accordance with
                               (j) of Sec.           Sec.   21.17(b) of
                               91.609 apply to       this chapter.
                               powered-lift         (3) Under Sec.
                               required by that      91.609(d), the
                               section to have a     flight recorder
                               cockpit voice         must operate
                               recorder and a        continuously from
                               flight data           the earlier of when
                               recorder.             the powered-lift
                                                     begins the takeoff
                                                     roll or begins lift-
                                                     off until the later
                                                     of when the powered-
                                                     lift completes the
                                                     landing roll or
                                                     lands at its
                                                     destination.

[[Page 92506]]

 
(zz) Section 91.613(b)(2)...  Applies to large      The thermal/acoustic
                               powered-lift.         installation
                                                     materials required
                                                     by Sec.
                                                     91.613(b)(2) must
                                                     meet the
                                                     requirements of
                                                     Sec.   25.856 of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
------------------------------------------------------------------------
           Part 91, Subpart K--Fractional Ownership Operations
------------------------------------------------------------------------
(aaa) Section 91.1037.......  Applies to large      If a powered-lift
                               powered-lift          operator is
                               subject to the        required to comply
                               requirements of       with this section,
                               subpart K to part     the operator must
                               91 that are           also comply with
                               certificated to       Sec.
                               conduct landing       91.1025(o)(7) of
                               operations in wing-   this chapter.
                               borne flight mode
                               as indicated in the
                               Aircraft Flight
                               Manual.
(bbb) Section 91.1041(b) and  Applies to all        ....................
 (d).                          powered-lift
                               subject to the
                               requirements of
                               subpart K to part
                               91.
(ccc) Section 91.1045(a)....  Applies to powered-   Under Sec.
                               lift subject to the   91.1045(a)(3),
                               requirements of       instead of TAWS,
                               subpart K to part     powered-lift must
                               91 with a passenger-  be equipped with a
                               seat configuration    helicopter terrain
                               of more than 30       awareness and
                               seats or a payload    warning system
                               capacity of more      (HTAWS) that meets
                               than 7,500 pounds.    the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(ddd) Section 91.1045(b)....  Applies to powered-   Compliance with Sec.
                               lift subject to the     91.1045(b)(3)
                               requirements of       requires a
                               subpart K to part     helicopter terrain
                               91 with a passenger-  awareness and
                               seat configuration    warning system that
                               of 30 seats or        complies with Sec.
                               fewer, excluding       194.306(s).
                               each crewmember,
                               and a payload
                               capacity of 7,500
                               pounds or less.
------------------------------------------------------------------------

Sec.  194.303  IFR takeoff, approach, and landing minimums.

    Section 91.1039(c) of this chapter applies to all powered-lift 
operated under subpart K to part 91 of this chapter regardless of 
powerplant type.


Sec.  194.304  ATC transponder and altitude reporting equipment and 
use.

    Notwithstanding Sec.  194.301, the exceptions outlined in Sec.  
91.215(b)(3) and (5) of this chapter for aircraft not certificated with 
an engine-driven electrical system do not apply to powered-lift.


Sec.  194.305  Applicability of copter procedures under part 97 of this 
chapter to powered-lift.

    Persons operating powered-lift may use copter procedures as defined 
in Sec.  97.3 of this chapter if the aircraft is certified for 
instrument flight rule operations and does not contain a limitation 
prohibiting use of such procedures in its Aircraft Flight Manual.


Sec.  194.306  Provisions under part 135 of this chapter applicable to 
powered-lift.

    No person may operate a powered-lift under part 135 of this chapter 
unless that person complies with the regulations listed in the first 
column of table 1 to this section, notwithstanding their applicability 
to airplanes, helicopters, or rotorcraft, subject to the applicability 
provisions in the second column and any additional requirements or 
clarification specified in the third column.

                        Table 1 to Sec.   194.306
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability        requirements or
                                                        clarification
------------------------------------------------------------------------
                      Part 135, Subpart A--General
------------------------------------------------------------------------
(a) Section 135.1(a)(9) of    Applies to powered-   ....................
 this chapter.                 lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135 of this chapter.
(b) Section 135.23(r) of      Applies to powered-   ....................
 this chapter.                 lift required to
                               comply with Sec.
                               135.385 of this
                               chapter as set
                               forth in paragraphs
                               (hhh) and (iii) of
                               this section.
------------------------------------------------------------------------
                 Part 135, Subpart B--Flight Operations
------------------------------------------------------------------------
(c) Section 135.93(a)         Applies to all        (1) The requirements
 through (f) of this chapter.  powered-lift.         referencing an
                                                     Airplane Flight
                                                     Manual under Sec.
                                                     135.93(b) of this
                                                     chapter apply to a
                                                     powered-lift's
                                                     Aircraft Flight
                                                     Manual.
                                                    (2) Under Sec.
                                                     135.93(c) of this
                                                     chapter, no person
                                                     operating a powered-
                                                     lift may use an
                                                     autopilot enroute,
                                                     including climb and
                                                     descent, below the
                                                     following--
                                                    (i) Either:
                                                    (A) At a minimum
                                                     engagement altitude
                                                     specified in the
                                                     Aircraft Flight
                                                     Manual; or
                                                    (B) If no minimum
                                                     engagement altitude
                                                     is specified, 500
                                                     feet, or at an
                                                     altitude that is no
                                                     lower than twice
                                                     the altitude loss
                                                     specified in the
                                                     Aircraft Flight
                                                     Manual for an
                                                     autopilot
                                                     malfunction in
                                                     cruise conditions,
                                                     whichever is
                                                     greater; or
                                                    (ii) Notwithstanding
                                                     the requirements of
                                                     paragraphs
                                                     (c)(2)(i)(A) and
                                                     (B) of this
                                                     section, at an
                                                     altitude specified
                                                     by the
                                                     Administrator.
(d) Section 135.117(a)(9) of  Applies to powered-
 this chapter.                 lift conducting
                               operations beyond
                               the autorotational
                               distance from the
                               shoreline, as
                               defined in Sec.
                               135.168(a) of this
                               chapter, or gliding
                               distance of a
                               shoreline.

[[Page 92507]]

 
(e) Section 135.128(a) of     Applies to all        The exception under
 this chapter.                 powered-lift.         Sec.   135.128(a)
                                                     of this chapter for
                                                     seaplane and float
                                                     equipped rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.
------------------------------------------------------------------------
               Part 135, Subpart C--Aircraft and Equipment
------------------------------------------------------------------------
(f) Section 135.145(b) of     Applies to all
 this chapter.                 powered-lift unless
                               the certificate
                               holder has
                               previously proven a
                               powered-lift under
                               part 135 of this
                               chapter.
(g) Section 135.145(d)(1) of  Applies to all
 this chapter.                 powered-lift unless
                               a powered-lift of
                               the same make or
                               similar design has
                               been proven or
                               validated by that
                               certificate holder
                               under part 135 of
                               this chapter.
(h) Section 135.150(a)(7) of  Applies to large      The public address
 this chapter.                 powered-lift with a   system required by
                               passenger seating     Sec.
                               configuration,        135.150(a)(7) of
                               excluding any pilot   this chapter must
                               seat, of more than    comply with Sec.
                               19.                   25.1423 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(i) Section 135.150(b)(7) of  Applies to large      The crewmember
 this chapter.                 powered-lift with a   interphone system
                               passenger seating     must comply with
                               configuration,        the requirements of
                               excluding any pilot   Sec.
                               seat, of more than    135.150(b)(7) of
                               19.                   this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(j) Section 135.151(a) of     Applies to powered-   The cockpit voice
 this chapter.                 lift with a           recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats     accordance with the
                               and for which two     certification
                               pilots are required   provisions listed
                               by certification or   in Sec.
                               operating rules.      135.151(a)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(k) Section 135.151(b) of     Applies to powered-   The cockpit voice
 this chapter.                 lift with a           recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats.        accordance with the
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.151(b)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(l) Section 135.151(d) of     Applies to large      The cockpit voice
 this chapter.                 powered-lift or       recorder required
                               powered-lift          by Sec.
                               equipped with a       135.151(d) of this
                               cockpit voice         chapter must record
                               recorder.             the uninterrupted
                                                     audio signal
                                                     received by a boom
                                                     or mask microphone
                                                     in accordance with
                                                     Sec.
                                                     25.1457(c)(5) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(m) Section 135.151(g)(1) of  Applies to powered-   The cockpit voice
 this chapter.                 lift with a           recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats,    accordance with the
                               for which two         appropriate
                               pilots are required   certification
                               by certification or   provisions listed
                               operating rules,      in Sec.
                               and that are          135.151(g)(1)(i)
                               required to have a    and (iv) of this
                               flight data           chapter or such
                               recorder under Sec.   airworthiness
                                 135.152 of this     criteria as the FAA
                               chapter.              may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(n) Section 135.151(g)(2) of  Applies to powered-   The cockpit voice
 this chapter.                 lift with a           recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats and     accordance with the
                               that is required to   appropriate
                               have a flight data    certification
                               recorder under Sec.   provisions listed
                                 135.152 of this     in Sec.
                               chapter.              135.151(g)(2)(i)
                                                     and (iv) of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(o) Section 135.151(h) of     Applies to powered-
 this chapter.                 lift required to
                               have a cockpit
                               voice recorder and
                               a flight data
                               recorder under part
                               135 with installed
                               datalink
                               communication
                               equipment.
(p) Section 135.152(a) of     Section 135.152(a)    Powered-lift
 this chapter.                 of this chapter       operators must
                               applies to powered-   comply with Sec.
                               lift with a           194.312 or Sec.
                               passenger seating     194.313 in lieu of
                               configuration of 10   the appendices
                               to 19 seats.          referenced in Sec.
                                                      135.152 of this
                                                     chapter.
(q) Section 135.152(b)        Section 135.152(b)
 introductory text and         introductory text
 (b)(3) of this chapter.       and (b)(3) apply to
                               powered-lift with a
                               passenger seating
                               configuration of 20
                               to 30 seats.
(r) Section 135.152(c), (d),  Applies to powered-   (1) The flight
 (f), and (j) of this          lift with a           recorder must be
 chapter.                      passenger seating     installed and
                               configuration,        equipped in
                               excluding             accordance with the
                               crewmember seats,     appropriate
                               of 10 to 30.          certification
                                                     provisions listed
                                                     in Sec.   135.152
                                                     of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
                                                    (2) Certificate
                                                     holders must keep
                                                     the recorded data
                                                     until the powered-
                                                     lift has been
                                                     operating for at
                                                     least 25 hours.
                                                    (3) The powered-lift
                                                     flight recorder
                                                     must be operated
                                                     continuously from
                                                     the instant the
                                                     powered-lift begins
                                                     the takeoff roll or
                                                     lift-off until the
                                                     landing is
                                                     completed.
(s) Section 135.154(a) and    Applies to powered-   Instead of TAWS,
 (c) of this chapter.          lift configured       powered-lift must
                               with 6 or more        be equipped with a
                               passenger seats,      helicopter terrain
                               excluding any pilot   awareness and
                               seat.                 warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     TSO-C194 and
                                                     Section 2 of RTCA
                                                     DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(t) Section 135.158 of this   Applies to powered-   Under Sec.
 chapter.                      lift equipped with    135.158(a) of this
                               a flight instrument   chapter, no person
                               pitot heating         may operate a
                               system.               powered-lift
                                                     equipped with a
                                                     flight instrument
                                                     pitot heating
                                                     system unless the
                                                     aircraft is also
                                                     equipped with an
                                                     operable pitot heat
                                                     indication system
                                                     that complies with
                                                     Sec.   23.2605 or
                                                     Sec.   25.1326 of
                                                     this chapter, or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter that
                                                     provides an alert
                                                     that is in clear
                                                     view of a
                                                     flightcrew member.
(u) Section 135.159(a)(1) of  Applies to powered-
 this chapter.                 lift with a third
                               attitude instrument
                               system that meets
                               the requirements of
                               Sec.
                               135.159(a)(1) of
                               this chapter.

[[Page 92508]]

 
(v) Section 135.160 of this   Applies to all
 chapter.                      powered-lift.
(w) Section 135.163(g) of     Applies to all        The two required
 this chapter.                 powered-lift.         generators may be
                                                     mounted on a
                                                     drivetrain that is
                                                     driven by two
                                                     separate
                                                     powerplants as
                                                     outlined in Sec.
                                                     135.163(g) of this
                                                     chapter for multi-
                                                     engine helicopters.
(x) Section 135.165(d) of     Applies to powered-
 this chapter.                 lift having a
                               passenger seat
                               configuration,
                               excluding any pilot
                               seat, of 10 seats
                               or more, or a
                               powered-lift in a
                               commuter operation,
                               as defined in part
                               119 of this chapter.
(y) Section 135.165(g)(1) of  Applies to powered-
 this chapter.                 lift for purposes
                               of approving a
                               single long-range
                               navigation system
                               and a single long-
                               range communication
                               system for extended
                               over-water
                               operations.
(z) Section 135.168 of this   Applies to powered-   (1) The life
 chapter.                      lift operating        preserver required
                               beyond                by Sec.
                               autorotational        135.168(b)(1) of
                               distance or gliding   this chapter need
                               distance from the     not be worn but
                               shoreline.            must be readily
                                                     available for its
                                                     intended use and
                                                     easily accessible
                                                     to each occupant
                                                     when the powered-
                                                     lift is a
                                                     multiengine
                                                     aircraft operated
                                                     at a weight that
                                                     will allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust, at least
                                                     50 feet a minute,
                                                     at an altitude of
                                                     1,000 feet above
                                                     the surface.
                                                    (2) For powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (z)(1) of
                                                     this section, the
                                                     occupants must wear
                                                     life preservers
                                                     during the flight.
                                                    (3) For purposes of
                                                     paragraphs (z),
                                                     (ii), (jj), and
                                                     (kk) of this
                                                     section, critical
                                                     change of thrust
                                                     means a failure
                                                     that would most
                                                     adversely affect
                                                     the performance or
                                                     handling qualities
                                                     of an aircraft.
(aa) Section 135.169(a) of    Applies to large      Powered-lift must
 this chapter.                 powered-lift.         comply with
                                                     appropriate
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.169(a) of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(bb) Section 135.169(b)(1)    Applies to small      (1) Under Sec.
 and (b)(8) of this chapter.   powered-lift with a   135.169(b)(1) of
                               passenger seating     this chapter, small
                               configuration,        powered-lift with a
                               excluding pilot       passenger seating
                               seats, of 10 seats    configuration of 10
                               or more.              seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements for
                                                     transport category
                                                     powered-lift or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
                                                    (2) Under Sec.
                                                     135.169(b)(8) of
                                                     this chapter, small
                                                     powered-lift with a
                                                     passenger seating
                                                     configuration of 10
                                                     seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements under
                                                     part 23 of this
                                                     chapter referenced
                                                     in Sec.
                                                     135.169(b)(8) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(cc) Section 135.169(d) of    Applies to large      The cargo and
 this chapter.                 powered-lift with a   baggage
                               cargo or baggage      compartments
                               compartment of 200    required by Sec.
                               cubic feet or         135.169(d) of this
                               greater.              chapter must comply
                                                     with the
                                                     certification
                                                     provisions listed
                                                     in that paragraph
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(dd) Section 135.170(b)(1)    Applies to large      Powered-lift must
 of this chapter.              powered-lift; Sec.    comply with
                                135.170(b)(1)(ii)    appropriate
                               applies to large      certification
                               powered-lift with a   provisions listed
                               passenger capacity    in Sec.
                               of 20 or more.        135.170(b)(1) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(ee) Section 135.170(b)(2)    Applies to large      The seat cushions
 of this chapter.              powered-lift.         required by Sec.
                                                     135.170(b)(2) of
                                                     this chapter must
                                                     comply with Sec.
                                                     25.853 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(ff) Section 135.170(c)(2)    Applies to large      The seat cushions
 of this chapter.              powered-lift.         required by Sec.
                                                     135.170(c)(2) of
                                                     this chapter must
                                                     comply with Sec.
                                                     25.856 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(gg) Section 135.178 of this  Applies to powered-   The additional
 chapter.                      lift having a         emergency equipment
                               passenger-seating     must comply with
                               configuration of      appropriate
                               more than 19 seats.   certification
                                                     provisions listed
                                                     in Sec.   135.178
                                                     of this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(hh) Section 135.180 of this  Applies to powered-   The Aircraft Flight
 chapter.                      lift with a           Manual must contain
                               passenger seat        the information
                               configuration,        outlined in Sec.
                               excluding any pilot   135.180(b) of this
                               seat, of 10 to 30     chapter.
                               seats.
(ii) Section 135.181(a)(2)    Applies to powered-   No person may
 of this chapter.              lift.                 operate a
                                                     multiengine powered-
                                                     lift carrying
                                                     passengers over-the-
                                                     top or in IFR
                                                     conditions at a
                                                     weight that will
                                                     not allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, at
                                                     least 50 feet a
                                                     minute when
                                                     operating at the
                                                     MEAs of the route
                                                     to be flown or
                                                     5,000 feet MSL,
                                                     whichever is
                                                     higher.
(jj) Section 135.181(b) of    Applies to powered-   Multiengine powered-
 this chapter.                 lift conducting       lift carrying
                               offshore passenger    passengers offshore
                               operations.           may conduct such
                                                     operations in over-
                                                     the-top or in IFR
                                                     conditions at a
                                                     weight that will
                                                     allow the powered-
                                                     lift to climb at
                                                     least 50 feet per
                                                     minute with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, when
                                                     operating at the
                                                     MEA of the route to
                                                     be flown or 1,500
                                                     feet MSL, whichever
                                                     is higher.

[[Page 92509]]

 
(kk) Section 135.183(c) of    Applies to powered-   No person may
 this chapter.                 lift.                 operate a land
                                                     aircraft carrying
                                                     passengers over
                                                     water unless it is
                                                     a multiengine
                                                     aircraft operated
                                                     at a weight that
                                                     will allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, at
                                                     least 50 feet a
                                                     minute, at an
                                                     altitude of 1,000
                                                     feet above the
                                                     surface.
(ll) Section 135.183(d) of    Applies if the
 this chapter.                 powered-lift is
                               equipped with
                               flotation devices
                               and carrying
                               passengers over
                               water.
------------------------------------------------------------------------
     Part 135, Subpart D--VFR/IFR Operating Limitations and Weather
                              Requirements
------------------------------------------------------------------------
(mm) Section 135.203(a) of    Applies to powered-   The Administrator
 this chapter.                 lift except those     may authorize a
                               operating in the      lower minimum
                               vertical-lift         altitude for a
                               flight mode under     powered-lift if the
                               paragraph (nn) of     FAA has determined,
                               this section.         during type
                                                     certification, the
                                                     lower minimum
                                                     altitude enables a
                                                     transition from
                                                     wing-borne to
                                                     vertical-lift
                                                     flight mode and the
                                                     aircraft can
                                                     conduct a safe
                                                     autorotation, or an
                                                     approved equivalent
                                                     maneuver, to a
                                                     landing but no
                                                     lower than 300 feet
                                                     above the surface.
(nn) Section 135.203(b) of    Applies to powered-   Powered-lift that do
 this chapter.                 lift operating in     not meet the
                               vertical-lift         requirements of
                               flight mode that      this paragraph (nn)
                               are certificated      must use the VFR
                               and able to conduct   minimum altitudes
                               an autorotation or    outlined in
                               an approved           paragraph (mm) of
                               equivalent maneuver   this section.
                               to a landing.
(oo) Section 135.205(a) of    Applies to all
 this chapter.                 powered-lift except
                               as provided in
                               paragraph (pp) of
                               this section.
(pp) Section 135.205(b) of    Applies to powered-   Powered-lift that do
 this chapter.                 lift operating in     not meet the
                               vertical-lift         requirements of
                               flight mode and at    this paragraph (pp)
                               a speed that allows   must use the VFR
                               the pilot adequate    visibility
                               opportunity to see    requirements
                               and avoid any other   outlined in Sec.
                               air traffic or any    135.205(a) of this
                               obstructions in       chapter.
                               time to avoid a
                               collision.
(qq) Section 135.207 of this  Applies if the
 chapter.                      powered-lift does
                               not have the flight
                               instrumentation
                               listed in Sec.
                               135.159 of this
                               chapter installed
                               and operable.
(rr) Section 135.209(a) of    Applies to all        (1) The
 this chapter.                 powered-lift except   Administrator may
                               as provided in        authorize
                               paragraph (ss) of     deviations from
                               this section.         paragraph (a) of
                                                     Sec.   135.209 of
                                                     this chapter for
                                                     specific routes
                                                     with one or more
                                                     predetermined
                                                     suitable landing
                                                     areas if the FAA
                                                     finds the operation
                                                     can be conducted
                                                     safely. If the
                                                     Administrator
                                                     authorizes such a
                                                     deviation, an
                                                     operations
                                                     specification will
                                                     be issued to the
                                                     operator
                                                     containing, at a
                                                     minimum, the
                                                     specific routes and
                                                     the VFR fuel
                                                     reserve specified
                                                     in minutes. The
                                                     Administrator may,
                                                     at any time,
                                                     terminate any grant
                                                     of deviation
                                                     authority issued
                                                     under this
                                                     paragraph.
                                                    (2) Suitable landing
                                                     area for purposes
                                                     of this paragraph
                                                     (rr) and paragraph
                                                     (ss) of this
                                                     section means an
                                                     area that provides
                                                     the operator
                                                     reasonable
                                                     capability to land
                                                     without causing
                                                     undue hazard to
                                                     persons or
                                                     property. These
                                                     suitable landing
                                                     areas must be site
                                                     specific,
                                                     designated by the
                                                     operator, and
                                                     accepted by the
                                                     FAA.
(ss) Section 135.209(b) of    Applies to powered-   The Administrator
 this chapter.                 lift with the         may authorize
                               performance           deviations from
                               capability, as        Sec.   135.209(b)
                               provided in the       of this chapter for
                               Aircraft Flight       specific routes
                               Manual, for the       with one or more
                               entire flight to      predetermined
                               conduct a landing     suitable landing
                               in the vertical-      areas if the FAA
                               lift flight mode.     finds the operation
                                                     can be conducted
                                                     safely. If the
                                                     Administrator
                                                     authorizes such a
                                                     deviation, an
                                                     operations
                                                     specification will
                                                     be issued to the
                                                     operator
                                                     containing, at a
                                                     minimum, the
                                                     specific routes and
                                                     the VFR fuel
                                                     reserve specified
                                                     in minutes. The
                                                     Administrator may,
                                                     at any time,
                                                     terminate any grant
                                                     of deviation
                                                     authority issued
                                                     under this
                                                     paragraph.
(tt) Section 135.221(b) of    Applies to powered-   Powered-lift that do
 this chapter.                 lift authorized to    not meet these
                               conduct copter        criteria must use
                               procedures and        the alternate
                               which can land in     airport minimums
                               the vertical-lift     specified for
                               flight mode, as       aircraft in Sec.
                               provided in the       135.221(a) of this
                               Aircraft Flight       chapter.
                               Manual.
(uu) Section 135.223(a)(3)    Applies to powered-   (1) A powered-lift
 of this chapter.              lift authorized to    that meets the
                               conduct copter        requirements of
                               procedures and that   paragraph (uu) of
                               have the              this section may
                               performance           use the 30-minute
                               capability, as        fuel requirements
                               provided in the       specified for
                               Aircraft Flight       helicopters in Sec.
                               Manual, to conduct      135.223(a)(3) of
                               a landing in the      this chapter.
                               vertical-lift        (2) Powered-lift
                               flight mode for the   that are unable to
                               entire flight.        meet the
                                                     requirements
                                                     outlined in
                                                     paragraph (uu) of
                                                     this section must
                                                     use the 45-minute
                                                     fuel requirement
                                                     outlined in Sec.
                                                     135.223(a)(3) of
                                                     this chapter.
(vv) Section 135.225(e) of    Applies to all
 this chapter.                 powered-lift.
(ww) Section 135.227(b) of    Applies to all        (1) Powered-lift
 this chapter.                 powered-lift.         critical surfaces,
                                                     as outlined in the
                                                     aircraft flight
                                                     manual for that
                                                     aircraft, must also
                                                     be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
(xx) Section 135.227(d) of    Applies to powered-
 this chapter.                 lift that are type
                               certificated and
                               appropriately
                               equipped for
                               operations in icing
                               conditions.
(yy) Section                  Applies to powered-   If a powered-lift is
 135.229(b)(2)(ii) of this     lift taking off or    not taking off or
 chapter.                      landing in vertical-  landing in vertical-
                               lift flight mode      lift flight mode
                               and equipped with     and is not equipped
                               landing lights        with landing lights
                               oriented in a         oriented in a
                               direction that        direction that
                               enables the pilot     enables the pilot
                               to see the area to    to see the area to
                               be used for landing   be used for landing
                               or takeoff marked     or takeoff marked
                               by reflective         by reflective
                               material.             material, the
                                                     powered-lift must
                                                     take off or land at
                                                     an airport with
                                                     boundary or runway
                                                     marker lights.
------------------------------------------------------------------------

[[Page 92510]]

 
 Part 135, Subpart F--Crewmember Flight Time and Duty Period Limitations
                          and Rest Requirements
------------------------------------------------------------------------
(zz) Section 135.271 of this  Applies to powered-
 chapter.                      lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
------------------------------------------------------------------------
     Part 135, Subpart I--Airplane Performance Operating Limitations
------------------------------------------------------------------------
(aaa) Section 135.361(a) of   As applicable to      Any sections or
 this chapter.                 each powered-lift     paragraphs within
                               considering size      sections to subpart
                               and certification     I to part 135 of
                               basis and subject     this chapter that
                               to any limitations    refer to a specific
                               outlined in this      category of
                               part.                 aircraft and that
                                                     are not referenced
                                                     in the table to
                                                     Sec.   194.302 or
                                                     this table, do not
                                                     apply to powered-
                                                     lift.
(bbb) Section 135.363(b)      As applicable to
 through (e) of this chapter.  each powered-lift,
                               regardless of power
                               plant type,
                               considering size
                               and certification
                               basis.
(ccc) Section 135.363(f) of   Applies to powered-
 this chapter.                 lift that must
                               comply with Sec.
                               Sec.   135.365
                               through 135.387 of
                               this chapter as set
                               forth in paragraphs
                               (ddd) through (jjj)
                               of this section.
(ddd) Section 135.379(a) and  Applies to large      The Aircraft Flight
 (d) of this chapter.          powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(eee) Section 135.379(c),     Applies to large      The accelerate-stop
 (e), (f), and (g) of this     powered-lift          distance required
 chapter.                      certificated to       by Sec.
                               conduct takeoff       135.379(c)(1) of
                               operations that       this chapter must
                               utilize wing-borne    comply with Sec.
                               lift as indicated     25.109 of this
                               in the aircraft       chapter or such
                               flight manual.        airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(fff) Section 135.381 of      Applies to large
 this chapter.                 powered-lift.
(ggg) Section 135.383(c) of   Applies to large
 this chapter.                 powered-lift.
(hhh) Section 135.385(a) of   Applies to large      The Aircraft Flight
 this chapter.                 powered-lift.         Manual must contain
                                                     the landing weight
                                                     performance
                                                     information.
(iii) Section 135.385(b),     Applies to large      Section 135.385(f)
 (d), (e), and (f) of this     powered-lift          only applies to
 chapter.                      certificated to       eligible on-demand
                               conduct landing       operators.
                               operations that
                               utilize wing-borne
                               lift and that have
                               landing performance
                               information
                               contained in the
                               aircraft flight
                               manual.
(jjj) Section 135.387(a) and  Applies to large      (1) Powered-lift
 (b) of this chapter.          powered-lift          operating under
                               certificated to       Sec.   135.387(a)
                               conduct landing       of this chapter
                               operations that       must be able to
                               utilize wing-borne    complete a full
                               lift and that have    stop landing within
                               landing performance   60 percent of the
                               information           effective length of
                               contained in the      the runway.
                               aircraft flight      (2) Section
                               manual.               135.387(b) only
                                                     applies to eligible
                                                     on-demand
                                                     operators.
(kkk) Section 135.397(b) of   Applies to small      The Aircraft Flight
 this chapter.                 powered-lift having   Manual must contain
                               a passenger-seating   the takeoff and
                               configuration of      landing weight
                               more than 19 seats    performance
                               and that utilize      information.
                               wing-borne lift
                               during takeoff and
                               landing.
------------------------------------------------------------------------
      Part 135, Subpart J--Maintenance, Preventive Maintenance, and
                               Alterations
------------------------------------------------------------------------
(lll) Section 135.429(d) of   Applies to powered-
 this chapter.                 lift that operate
                               in remote areas or
                               sites.
------------------------------------------------------------------------
Part 135, Subpart L--Helicopter Air Ambulance Equipment, Operations, and
                          Training Requirements
------------------------------------------------------------------------
(mmm) Section 135.601 of      Applies to powered-
 this chapter.                 lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
(nnn) Section 135.603 of      Applies to powered-   (1) Under Sec.
 this chapter.                 lift conducting       135.603 of this
                               operations in         chapter, no
                               accordance with       certificate holder
                               subpart L to part     may use, nor may
                               135 of this chapter.  any person serve
                                                     as, a pilot in
                                                     command of an air
                                                     ambulance operation
                                                     unless that person
                                                     meets the
                                                     requirements of
                                                     Sec.   135.243 of
                                                     this chapter and
                                                     holds a powered-
                                                     lift instrument
                                                     rating or an
                                                     airline transport
                                                     pilot certificate
                                                     with a category
                                                     rating for that
                                                     aircraft, that is
                                                     not limited to VFR.
                                                    (2) See Sec.
                                                     194.249 of this
                                                     chapter for
                                                     references to class
                                                     in part 135 of this
                                                     chapter.
(ooo) Section 135.605 of      Applies to powered-   Powered-lift must be
 this chapter.                 lift conducting       equipped with a
                               operations in         helicopter terrain
                               accordance with       awareness and
                               subpart L to part     warning system
                               135 of this chapter.  (HTAWS) that meets
                                                     the requirements in
                                                     TSO-C194 and
                                                     Section 2 of RTCA
                                                     DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(ppp) Section 135.607 of      Applies to powered-
 this chapter.                 lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
(qqq) Section 135.609 of      Applies to powered-   (1) For
 this chapter.                 lift conducting       nonmountainous
                               operations in         local flying areas,
                               accordance with       powered-lift must
                               subpart L to part     comply with the
                               135 of this chapter.  following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 2 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1500 feet and
                                                     visibility of 3 SM.
                                                    (2) For
                                                     nonmountainous, non-
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 3 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM.
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1500 feet and
                                                     visibility of 3 SM.

[[Page 92511]]

 
                                                    (3) For mountainous
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 3 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM.
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     2500 feet and
                                                     visibility of 3 SM.
                                                    (4) For mountainous
                                                     non-local flying
                                                     areas, powered-lift
                                                     must comply with
                                                     the following
                                                     weather minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1000 feet and
                                                     visibility of 3 SM;
                                                     and
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 5 SM;
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     2500 feet and
                                                     visibility of 5 SM.
(rrr) Section 135.611 of      Applies to powered-
 this chapter.                 lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
(sss) Section 135.613(a) of   Applies to powered-   (1) Section
 this chapter.                 lift conducting       135.613(a)(1) of
                               operations in         this chapter only
                               accordance with       applies to powered-
                               subpart L to part     lift equipped and
                               135 of this chapter.  certified to
                                                     conduct PinS
                                                     approaches
                                                     annotated with a
                                                     ``Proceed VFR''
                                                     segment.
                                                    (2) The applicable
                                                     VFR weather
                                                     minimums under Sec.
                                                       135.613(a)(2) of
                                                     this chapter for
                                                     powered-lift
                                                     operating in the
                                                     wing-borne flight
                                                     mode are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 1000-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 1500-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
                                                    (3) The applicable
                                                     VFR weather
                                                     minimums under Sec.
                                                       135.613(a)(2) of
                                                     this chapter for
                                                     powered-lift
                                                     operating in the
                                                     vertical-lift mode
                                                     are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 600-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 600-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
(ttt) Section 135.613(b) of   Applies to powered-   (1) Under Sec.
 this chapter.                 lift conducting       135.613(b)(1) of
                               operations in         this chapter, for
                               accordance with       transitions from
                               subpart L to part     VFR to IFR upon
                               135.                  departure, the VFR
                                                     weather minimums
                                                     outlined for
                                                     powered-lift under
                                                     paragraph (sss) of
                                                     this section apply
                                                     if:
                                                    (i) An FAA-approved
                                                     obstacle departure
                                                     procedure is
                                                     followed; and
                                                    (ii) An IFR
                                                     clearance is
                                                     obtained on or
                                                     before reaching a
                                                     predetermined
                                                     location that is
                                                     not more than 3 NM
                                                     from the departure
                                                     location.
                                                    (2) Under Sec.
                                                     135.613(b)(2) of
                                                     this chapter, if
                                                     the departure does
                                                     not meet the
                                                     requirements of
                                                     paragraph (ttt)(1)
                                                     of this section,
                                                     the VFR weather
                                                     minimums required
                                                     by the SFAR for the
                                                     class of airspace
                                                     apply.
(uuu) Section 135.615 of      Applies to powered-   (1) For powered-lift
 this chapter.                 lift conducting       operating in wing-
                               operations in         borne flight mode
                               accordance with       during the enroute
                               subpart L to part     phase of flight,
                               135 of this chapter.  under Sec.
                                                     135.615(a)(3) of
                                                     this chapter, (b),
                                                     and (c), the
                                                     following minimums
                                                     apply:
                                                    (i) For day
                                                     operations: no less
                                                     than 500 feet above
                                                     the surface or no
                                                     less than 500 feet
                                                     horizontally from
                                                     any obstacle; or
                                                    (ii) For night
                                                     operations: at an
                                                     altitude no less
                                                     than 1,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown or, in
                                                     designated
                                                     mountainous
                                                     terrain, no less
                                                     than 2,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown.
                                                    (2) For powered-lift
                                                     operating in
                                                     vertical-lift
                                                     flight mode during
                                                     the enroute phase
                                                     of flight, under
                                                     Sec.
                                                     135.615(a)(3), (b),
                                                     and (c) of this
                                                     chapter the
                                                     following minimums
                                                     apply:
                                                    (i) No less than 300
                                                     feet for day
                                                     operations.
                                                    (ii) No less than
                                                     500 feet for night
                                                     operations.
(vvv) Section 135.617 of      Applies to powered-
 this chapter.                 lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
(www) Section 135.619.......  Applies to powered-
                               lift operators with
                               10 or more powered-
                               lift, helicopters,
                               or any combination
                               thereof, assigned
                               to the certificate
                               holder's operations
                               specifications for
                               air ambulance
                               operations.
(xxx) Section 135.621.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135 of this chapter.
------------------------------------------------------------------------


[[Page 92512]]


                        Table 1 to Sec.   194.306
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability        requirements or
                                                        clarification
------------------------------------------------------------------------
                      Part 135, Subpart A--General
------------------------------------------------------------------------
(a) Section 135.1(a)(9).....  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
(b) Section 135.23(r).......  Applies to powered-
                               lift required to
                               comply with Sec.
                               135.385 as set
                               forth in paragraphs
                               (hhh) and (iii) of
                               this section.
------------------------------------------------------------------------
                 Part 135, Subpart B--Flight Operations
------------------------------------------------------------------------
(c) Section 135.93(a)         Applies to all        (1) The requirements
 through (f).                  powered-lift.         referencing an
                                                     Airplane Flight
                                                     Manual under Sec.
                                                     135.93(b) apply to
                                                     a powered-lift's
                                                     Aircraft Flight
                                                     Manual.
                                                    (2) Under Sec.
                                                     135.93(c), no
                                                     person operating a
                                                     powered-lift may
                                                     use an autopilot
                                                     enroute, including
                                                     climb and descent,
                                                     below the
                                                     following--
                                                    (i) Either:
                                                    (A) At a minimum
                                                     engagement altitude
                                                     specified in the
                                                     Aircraft Flight
                                                     Manual; or
                                                    (B) If no minimum
                                                     engagement altitude
                                                     is specified, 500
                                                     feet, or at an
                                                     altitude that is no
                                                     lower than twice
                                                     the altitude loss
                                                     specified in the
                                                     Aircraft Flight
                                                     Manual for an
                                                     autopilot
                                                     malfunction in
                                                     cruise conditions,
                                                     whichever is
                                                     greater; or
                                                    (ii) Notwithstanding
                                                     the requirements of
                                                     paragraphs
                                                     (c)(2)(i)(A) and
                                                     (B) of this
                                                     section, at an
                                                     altitude specified
                                                     by the
                                                     Administrator.
(d) Section 135.117(a)(9)...  Applies to powered-
                               lift conducting
                               operations beyond
                               the autorotational
                               distance from the
                               shoreline, as
                               defined in Sec.
                               135.168(a), or
                               gliding distance of
                               a shoreline.
(e) Section 135.128(a)......  Applies to all        The exception under
                               powered-lift.         Sec.   135.128(a)
                                                     for seaplane and
                                                     float equipped
                                                     rotorcraft
                                                     operations during
                                                     movement on the
                                                     surface applies to
                                                     persons pushing off
                                                     a powered-lift from
                                                     the dock or persons
                                                     mooring the powered-
                                                     lift at the dock.
------------------------------------------------------------------------
               Part 135, Subpart C--Aircraft and Equipment
------------------------------------------------------------------------
(f) Section 135.145(b)......  Applies to all
                               powered-lift unless
                               the certificate
                               holder has
                               previously proven a
                               powered-lift under
                               part 135.
(g) Section 135.145(d)(1)...  Applies to all
                               powered-lift unless
                               a powered-lift of
                               the same make or
                               similar design has
                               been proven or
                               validated by that
                               certificate holder
                               under part 135.
(h) Section 135.150(a)(7)...  Applies to large      The public address
                               powered-lift with a   system required by
                               passenger seating     Sec.
                               configuration,        135.150(a)(7) must
                               excluding any pilot   comply with Sec.
                               seat, of more than    25.1423 of this
                               19.                   chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(i) Section 135.150(b)(7)...  Applies to large      The crewmember
                               powered-lift with a   interphone system
                               passenger seating     must comply with
                               configuration,        the requirements of
                               excluding any pilot   Sec.
                               seat, of more than    135.150(b)(7) or
                               19.                   such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(j) Section 135.151(a)......  Applies to powered-   The cockpit voice
                               lift with a           recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats     accordance with the
                               and for which two     certification
                               pilots are required   provisions listed
                               by certification or   in Sec.
                               operating rules.      135.151(a)(1) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(k) Section 135.151(b)......  Applies to powered-   The cockpit voice
                               lift with a           recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats.        accordance with the
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.151(b)(1) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(l) Section 135.151(d)......  Applies to large      The cockpit voice
                               powered-lift or       recorder required
                               powered-lift          by Sec.
                               equipped with a       135.151(d) must
                               cockpit voice         record the
                               recorder.             uninterrupted audio
                                                     signal received by
                                                     a boom or mask
                                                     microphone in
                                                     accordance with
                                                     Sec.
                                                     25.1457(c)(5) of
                                                     this chapter or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(m) Section 135.151(g)(1)...  Applies to powered-   The cockpit voice
                               lift with a           recorder must be
                               passenger seating     installed and
                               configuration of      equipped in
                               six or more seats,    accordance with the
                               for which two         appropriate
                               pilots are required   certification
                               by certification or   provisions listed
                               operating rules,      in Sec.
                               and that are          135.151(g)(1)(i)
                               required to have a    and (iv) or such
                               flight data           airworthiness
                               recorder under Sec.   criteria as the FAA
                                 135.152.            may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(n) Section 135.151(g)(2)...  Applies to powered-   The cockpit voice
                               lift with a           recorder must be
                               passenger seating     installed and
                               configuration of 20   equipped in
                               or more seats and     accordance with the
                               that is required to   appropriate
                               have a flight data    certification
                               recorder under Sec.   provisions listed
                                 135.152.            in Sec.
                                                     135.151(g)(2)(i)
                                                     and (iv) or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(o) Section 135.151(h)......  Applies to powered-
                               lift required to
                               have a cockpit
                               voice recorder and
                               a flight data
                               recorder under part
                               135 with installed
                               datalink
                               communication
                               equipment.
(p) Section 135.152(a)......  Paragraph (a) of      Powered-lift
                               Sec.   135.152        operators must
                               applies to powered-   comply with Sec.
                               lift with a           194.312 or Sec.
                               passenger seating     194.313 in lieu of
                               configuration of 10   the appendices
                               to 19 seats.          referenced in Sec.
                                                      135.152.

[[Page 92513]]

 
(q) Section 135.152(b)        Paragraphs (b)
 introductory text and         introductory text
 (b)(3).                       and (b)(3) of Sec.
                                135.152 apply to
                               powered-lift with a
                               passenger seating
                               configuration of 20
                               to 30 seats.
(r) Section 135.152(c), (d),  Applies to powered-   (1) The flight
 (f), and (j).                 lift with a           recorder must be
                               passenger seating     installed and
                               configuration,        equipped in
                               excluding             accordance with the
                               crewmember seats,     appropriate
                               of 10 to 30.          certification
                                                     provisions listed
                                                     in Sec.   135.152
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
                                                    (2) Certificate
                                                     holders must keep
                                                     the recorded data
                                                     until the powered-
                                                     lift has been
                                                     operating for at
                                                     least 25 hours.
                                                    (3) The powered-lift
                                                     flight recorder
                                                     must be operated
                                                     continuously from
                                                     the instant the
                                                     powered-lift begins
                                                     the takeoff roll or
                                                     lift-off until the
                                                     landing is
                                                     completed.
(s) Section 135.154(a) and    Applies to powered-   Instead of TAWS,
 (c).                          lift configured       powered-lift must
                               with 6 or more        be equipped with a
                               passenger seats,      helicopter terrain
                               excluding any pilot   awareness and
                               seat.                 warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(t) Section 135.158.........  Applies to powered-   Under Sec.
                               lift equipped with    135.158(a), no
                               a flight instrument   person may operate
                               pitot heating         a powered-lift
                               system.               equipped with a
                                                     flight instrument
                                                     pitot heating
                                                     system unless the
                                                     aircraft is also
                                                     equipped with an
                                                     operable pitot heat
                                                     indication system
                                                     that complies with
                                                     Sec.   23.2605 of
                                                     this chapter, or
                                                     Sec.   25.1326 of
                                                     this chapter, or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b)
                                                     that provides an
                                                     alert that is in
                                                     clear view of a
                                                     flightcrew member.
(u) Section 135.159(a)(1)...  Applies to powered-
                               lift with a third
                               attitude instrument
                               system that meets
                               the requirements of
                               paragraph (a)(1) of
                               Sec.   135.159.
(v) Section 135.160.........  Applies to all
                               powered-lift.
(w) Section 135.163(g)......  Applies to all        The two required
                               powered-lift.         generators may be
                                                     mounted on a
                                                     drivetrain that is
                                                     driven by two
                                                     separate
                                                     powerplants as
                                                     outlined in Sec.
                                                     135.163(g) for
                                                     multi-engine
                                                     helicopters.
(x) Section 135.165(d)......  Applies to powered-
                               lift having a
                               passenger seat
                               configuration,
                               excluding any pilot
                               seat, of 10 seats
                               or more, or a
                               powered-lift in a
                               commuter operation,
                               as defined in part
                               119 of this chapter.
(y) Section 135.165(g)(1)...  Applies to powered-
                               lift for purposes
                               of approving a
                               single long-range
                               navigation system
                               and a single long-
                               range communication
                               system for extended
                               over-water
                               operations.
(z) Section 135.168.........  Applies to powered-   (1) The life
                               lift operating        preserver required
                               beyond                by Sec.
                               autorotational        135.168(b)(1) need
                               distance or gliding   not be worn but
                               distance from the     must be readily
                               shoreline.            available for its
                                                     intended use and
                                                     easily accessible
                                                     to each occupant
                                                     when the powered-
                                                     lift is a
                                                     multiengine
                                                     aircraft operated
                                                     at a weight that
                                                     will allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust, at least
                                                     50 feet a minute,
                                                     at an altitude of
                                                     1,000 feet above
                                                     the surface.
                                                    (2) For powered-lift
                                                     unable to meet the
                                                     requirements of
                                                     paragraph (z)(1) of
                                                     this section, the
                                                     occupants must wear
                                                     life preservers
                                                     during the flight.
                                                    (3) For purposes of
                                                     paragraphs (z),
                                                     (ii), (jj), and
                                                     (kk) of this
                                                     section, critical
                                                     change of thrust
                                                     means a failure
                                                     that would most
                                                     adversely affect
                                                     the performance or
                                                     handling qualities
                                                     of an aircraft.
(aa) Section 135.169(a).....  Applies to large      Powered-lift must
                               powered-lift.         comply with
                                                     appropriate
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.169(a) or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(bb) Section 135.169(b)(1)    Applies to small      (1) Under Sec.
 and (b)(8).                   powered-lift with a   135.169(b)(1),
                               passenger seating     small powered-lift
                               configuration,        with a passenger
                               excluding pilot       seating
                               seats, of 10 seats    configuration of 10
                               or more.              seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements for
                                                     transport category
                                                     powered-lift or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
                                                    (2) Under Sec.
                                                     135.169(b)(8),
                                                     small powered-lift
                                                     with a passenger
                                                     seating
                                                     configuration of 10
                                                     seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements under
                                                     part 23 of this
                                                     chapter referenced
                                                     in Sec.
                                                     135.169(b)(8) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(cc) Section 135.169(d).....  Applies to large      The cargo and
                               powered-lift with a   baggage
                               cargo or baggage      compartments
                               compartment of 200    required by Sec.
                               cubic feet or         135.169(d) must
                               greater.              comply with the
                                                     certification
                                                     provisions listed
                                                     in that paragraph
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(dd) Section 135.170(b)(1)..  Applies to large      Powered-lift must
                               powered-lift;         comply with
                               paragraph             appropriate
                               (b)(1)(ii) of Sec.    certification
                                135.170 applies to   provisions listed
                               large powered-lift    in Sec.
                               with a passenger      135.170(b)(1) or
                               capacity of 20 or     such airworthiness
                               more.                 criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.

[[Page 92514]]

 
(ee) Section 135.170(b)(2)..  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(b)(2) must
                                                     comply with Sec.
                                                     25.853 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(ff) Section 135.170(c)(2)..  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(c)(2) must
                                                     comply with Sec.
                                                     25.856 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(gg) Section 135.178........  Applies to powered-   The additional
                               lift having a         emergency equipment
                               passenger-seating     must comply with
                               configuration of      appropriate
                               more than 19 seats.   certification
                                                     provisions listed
                                                     in Sec.   135.178
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(hh) Section 135.180........  Applies to powered-   The Aircraft Flight
                               lift with a           Manual must contain
                               passenger seat        the information
                               configuration,        outlined in Sec.
                               excluding any pilot   135.180(b).
                               seat, of 10 to 30
                               seats.
(ii) Section 135.181(a)(2)..  Applies to powered-   No person may
                               lift.                 operate a
                                                     multiengine powered-
                                                     lift carrying
                                                     passengers over-the-
                                                     top or in IFR
                                                     conditions at a
                                                     weight that will
                                                     not allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, at
                                                     least 50 feet a
                                                     minute when
                                                     operating at the
                                                     MEAs of the route
                                                     to be flown or
                                                     5,000 feet MSL,
                                                     whichever is
                                                     higher.
(jj) Section 135.181(b).....  Applies to powered-   Multiengine powered-
                               lift conducting       lift carrying
                               offshore passenger    passengers offshore
                               operations.           may conduct such
                                                     operations in over-
                                                     the-top or in IFR
                                                     conditions at a
                                                     weight that will
                                                     allow the powered-
                                                     lift to climb at
                                                     least 50 feet per
                                                     minute with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, when
                                                     operating at the
                                                     MEA of the route to
                                                     be flown or 1,500
                                                     feet MSL, whichever
                                                     is higher.
(kk) Section 135.183(c).....  Applies to powered-   No person may
                               lift.                 operate a land
                                                     aircraft carrying
                                                     passengers over
                                                     water unless it is
                                                     a multiengine
                                                     aircraft operated
                                                     at a weight that
                                                     will allow it to
                                                     climb, with the
                                                     critical engine
                                                     inoperative or
                                                     while experiencing
                                                     a critical change
                                                     of thrust as
                                                     defined in
                                                     paragraph (z) of
                                                     this section, at
                                                     least 50 feet a
                                                     minute, at an
                                                     altitude of 1,000
                                                     feet above the
                                                     surface.
(ll) Section 135.183(d).....  Applies if the
                               powered-lift is
                               equipped with
                               flotation devices
                               and carrying
                               passengers over
                               water.
------------------------------------------------------------------------
     Part 135, Subpart D--VFR/IFR Operating Limitations and Weather
                              Requirements
------------------------------------------------------------------------
(mm) Section 135.203(a).....  Applies to powered-   The Administrator
                               lift except those     may authorize a
                               operating in the      lower minimum
                               vertical-lift         altitude for a
                               flight mode under     powered-lift if the
                               paragraph (nn) of     FAA has determined,
                               this section.         during type
                                                     certification, the
                                                     lower minimum
                                                     altitude enables a
                                                     transition from
                                                     wing-borne to
                                                     vertical-lift
                                                     flight mode and the
                                                     aircraft can
                                                     conduct a safe
                                                     autorotation, or an
                                                     approved equivalent
                                                     maneuver, to a
                                                     landing but no
                                                     lower than 300 feet
                                                     above the surface.
(nn) Section 135.203(b).....  Applies to powered-   Powered-lift that do
                               lift operating in     not meet the
                               vertical-lift         requirements of
                               flight mode that      this paragraph (nn)
                               are certificated      must use the VFR
                               and able to conduct   minimum altitudes
                               an autorotation or    outlined in
                               an approved           paragraph (mm) of
                               equivalent maneuver   this section.
                               to a landing.
(oo) Section 135.205(a).....  Applies to all
                               powered-lift except
                               as provided in
                               paragraph (pp) of
                               this section.
(pp)Section 135.205(b)......  Applies to powered-   Powered-lift that do
                               lift operating in     not meet the
                               vertical-lift         requirements of
                               flight mode and at    this paragraph (pp)
                               a speed that allows   must use the VFR
                               the pilot adequate    visibility
                               opportunity to see    requirements
                               and avoid any other   outlined in Sec.
                               air traffic or any    135.205(a).
                               obstructions in
                               time to avoid a
                               collision.
(qq) Section 135.207........  Applies if the
                               powered-lift does
                               not have the flight
                               instrumentation
                               listed in Sec.
                               135.159 installed
                               and operable.
(rr) Section 135.209(a).....  Applies to all        (1) The
                               powered-lift except   Administrator may
                               as provided in        authorize
                               paragraph (ss) of     deviations from
                               this section.         paragraph (a) of
                                                     Sec.   135.209 for
                                                     specific routes
                                                     with one or more
                                                     predetermined
                                                     suitable landing
                                                     areas if the FAA
                                                     finds the operation
                                                     can be conducted
                                                     safely. If the
                                                     Administrator
                                                     authorizes such a
                                                     deviation, an
                                                     operations
                                                     specification will
                                                     be issued to the
                                                     operator
                                                     containing, at a
                                                     minimum, the
                                                     specific routes and
                                                     the VFR fuel
                                                     reserve specified
                                                     in minutes. The
                                                     Administrator may,
                                                     at any time,
                                                     terminate any grant
                                                     of deviation
                                                     authority issued
                                                     under this
                                                     paragraph.
                                                    (2) Suitable landing
                                                     area for purposes
                                                     of this paragraph
                                                     (rr) and paragraph
                                                     (ss) of this
                                                     section means an
                                                     area that provides
                                                     the operator
                                                     reasonable
                                                     capability to land
                                                     without causing
                                                     undue hazard to
                                                     persons or
                                                     property. These
                                                     suitable landing
                                                     areas must be site
                                                     specific,
                                                     designated by the
                                                     operator, and
                                                     accepted by the
                                                     FAA.
(ss) Section 135.209(b).....  Applies to powered-   The Administrator
                               lift with the         may authorize
                               performance           deviations from
                               capability, as        paragraph (b) of
                               provided in the       Sec.   135.209 for
                               Aircraft Flight       specific routes
                               Manual, for the       with one or more
                               entire flight to      predetermined
                               conduct a landing     suitable landing
                               in the vertical-      areas if the FAA
                               lift flight mode.     finds the operation
                                                     can be conducted
                                                     safely. If the
                                                     Administrator
                                                     authorizes such a
                                                     deviation, an
                                                     operations
                                                     specification will
                                                     be issued to the
                                                     operator
                                                     containing, at a
                                                     minimum, the
                                                     specific routes and
                                                     the VFR fuel
                                                     reserve specified
                                                     in minutes. The
                                                     Administrator may,
                                                     at any time,
                                                     terminate any grant
                                                     of deviation
                                                     authority issued
                                                     under this
                                                     paragraph.

[[Page 92515]]

 
(tt) Section 135.221(b).....  Applies to powered-   Powered-lift that do
                               lift authorized to    not meet these
                               conduct copter        criteria must use
                               procedures and        the alternate
                               which can land in     airport minimums
                               the vertical-lift     specified for
                               flight mode, as       aircraft in Sec.
                               provided in the       135.221(a).
                               Aircraft Flight
                               Manual.
(uu) Section 135.223(a)(3)..  Applies to powered-   (1) A powered-lift
                               lift authorized to    that meets the
                               conduct copter        requirements of
                               procedures and that   paragraph (uu) of
                               have the              this section may
                               performance           use the 30-minute
                               capability, as        fuel requirements
                               provided in the       specified for
                               Aircraft Flight       helicopters in Sec.
                               Manual, to conduct      135.223(a)(3).
                               a landing in the
                               vertical-lift
                               flight mode for the
                               entire flight.
                                                    (2) Powered-lift
                                                     that are unable to
                                                     meet the
                                                     requirements
                                                     outlined in
                                                     paragraph (uu) of
                                                     this section must
                                                     use the 45-minute
                                                     fuel requirement
                                                     outlined in Sec.
                                                     135.223(a)(3).
(vv) Section 135.225(e).....  Applies to all
                               powered-lift.
(ww) Section 135.227(b).....  Applies to all        (1) Powered-lift
                               powered-lift.         critical surfaces,
                                                     as outlined in the
                                                     aircraft flight
                                                     manual for that
                                                     aircraft, must also
                                                     be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
(xx) Section 135.227(d).....  Applies to powered-
                               lift that are type
                               certificated and
                               appropriately
                               equipped for
                               operations in icing
                               conditions.
(yy) Section                  Applies to powered-   If a powered-lift is
 135.229(b)(2)(ii).            lift taking off or    not taking off or
                               landing in vertical-  landing in vertical-
                               lift flight mode      lift flight mode
                               and equipped with     and is not equipped
                               landing lights        with landing lights
                               oriented in a         oriented in a
                               direction that        direction that
                               enables the pilot     enables the pilot
                               to see the area to    to see the area to
                               be used for landing   be used for landing
                               or takeoff marked     or takeoff marked
                               by reflective         by reflective
                               material.             material, the
                                                     powered-lift must
                                                     take off or land at
                                                     an airport with
                                                     boundary or runway
                                                     marker lights.
------------------------------------------------------------------------
 Part 135, Subpart F--Crewmember Flight Time and Duty Period Limitations
                          and Rest Requirements
------------------------------------------------------------------------
(zz) Section 135.271........  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
------------------------------------------------------------------------
     Part 135, Subpart I--Airplane Performance Operating Limitations
------------------------------------------------------------------------
(aaa) Section 135.361(a)....  As applicable to      Any sections or
                               each powered-lift     paragraphs within
                               considering size      sections to subpart
                               and certification     I to part 135 that
                               basis and subject     refer to a specific
                               to any limitations    category of
                               outlined in this      aircraft and that
                               SFAR.                 are not referenced
                                                     in the SFAR tables
                                                     to Sec.   194.302
                                                     or this section, do
                                                     not apply to
                                                     powered-lift.
(bbb) Section 135.363(b)      As applicable to
 through (e).                  each powered-lift,
                               regardless of power
                               plant type,
                               considering size
                               and certification
                               basis.
(ccc) Section 135.363(f)....  Applies to powered-
                               lift that must
                               comply with Sec.
                               Sec.   135.365
                               through 135.387 as
                               set forth in
                               paragraphs (ddd)
                               through (jjj) of
                               this section.
(ddd) Section 135.379(a) and  Applies to large      The Aircraft Flight
 (d).                          powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(eee) Section 135.379(c),     Applies to large      The accelerate-stop
 (e), (f), and (g).            powered-lift          distance required
                               certificated to       by Sec.
                               conduct takeoff       135.379(c)(1) must
                               operations that       comply with Sec.
                               utilize wing-borne    25.109 of this
                               lift as indicated     chapter or such
                               in the aircraft       airworthiness
                               flight manual.        criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(fff) Section 135.381.......  Applies to large
                               powered-lift.
(ggg) Section 135.383(c)....  Applies to large
                               powered-lift.
(hhh) Section 135.385(a)....  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the landing weight
                                                     performance
                                                     information.
(iii) Section 135.385(b),     Applies to large      Paragraph (f) of
 (d), (e), and (f).            powered-lift          Sec.   135.385 only
                               certificated to       applies to eligible
                               conduct landing       on-demand
                               operations that       operators.
                               utilize wing-borne
                               lift and that have
                               landing performance
                               information
                               contained in the
                               aircraft flight
                               manual.
(jjj) Section 135.387(a) and  Applies to large      (1) Powered-lift
 (b).                          powered-lift          operating under
                               certificated to       Sec.   135.387(a)
                               conduct landing       must be able to
                               operations that       complete a full
                               utilize wing-borne    stop landing within
                               lift and that have    60 percent of the
                               landing performance   effective length of
                               information           the runway.
                               contained in the
                               aircraft flight
                               manual.
                                                    (2) Paragraph (b) of
                                                     Sec.   135.387 only
                                                     applies to eligible
                                                     on-demand
                                                     operators.
(kkk) Section 135.397(b)....  Applies to small      The Aircraft Flight
                               powered-lift having   Manual must contain
                               a passenger-seating   the takeoff and
                               configuration of      landing weight
                               more than 19 seats    performance
                               and that utilize      information.
                               wing-borne lift
                               during takeoff and
                               landing.
------------------------------------------------------------------------
      Part 135, Subpart J--Maintenance, Preventive Maintenance, and
                               Alterations
------------------------------------------------------------------------
(lll) Section 135.429(d)....  Applies to powered-
                               lift that operate
                               in remote areas or
                               sites.
------------------------------------------------------------------------
Part 135, Subpart L--Helicopter Air Ambulance Equipment, Operations, and
                          Training Requirements
------------------------------------------------------------------------
(mmm) Section 135.601.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
(nnn) Section 135.603.......  Applies to powered-   (1) Under Sec.
                               lift conducting       135.603, no
                               operations in         certificate holder
                               accordance with       may use, nor may
                               subpart L to part     any person serve
                               135.                  as, a pilot in
                                                     command of an air
                                                     ambulance operation
                                                     unless that person
                                                     meets the
                                                     requirements of
                                                     Sec.   135.243 and
                                                     holds a powered-
                                                     lift instrument
                                                     rating or an
                                                     airline transport
                                                     pilot certificate
                                                     with a category
                                                     rating for that
                                                     aircraft, that is
                                                     not limited to VFR.
                                                    (2) See Sec.
                                                     194.249 for
                                                     references to class
                                                     in part 135.

[[Page 92516]]

 
(ooo) Section 135.605.......  Applies to powered-   Powered-lift must be
                               lift conducting       equipped with a
                               operations in         helicopter terrain
                               accordance with       awareness and
                               subpart L to part     warning system
                               135.                  (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(ppp) Section 135.607.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
(qqq) Section 135.609.......  Applies to powered-   (1) For
                               lift conducting       nonmountainous
                               operations in         local flying areas,
                               accordance with       powered-lift must
                               subpart L to part     comply with the
                               135.                  following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 2 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1500 feet and
                                                     visibility of 3 SM.
                                                    (2) For
                                                     nonmountainous, non-
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 3 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM.
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1500 feet and
                                                     visibility of 3 SM.
                                                    (3) For mountainous
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     800 feet and
                                                     visibility of 3 SM;
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM.
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     2500 feet and
                                                     visibility of 3 SM.
                                                    (4) For mountainous
                                                     non-local flying
                                                     areas, powered-lift
                                                     must comply with
                                                     the following
                                                     weather minimums:
                                                    (i) During day
                                                     operations in a
                                                     vertical-lift or
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     1000 feet and
                                                     visibility of 3 SM;
                                                     and
                                                    (ii) During night
                                                     operations in a
                                                     vertical-lift
                                                     flight mode, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 5 SM;
                                                    (iii) During night
                                                     operations in a
                                                     wing-borne flight
                                                     mode, a ceiling of
                                                     2500 feet and
                                                     visibility of 5 SM.
(rrr) Section 135.611.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
(sss) Section 135.613(a)....  Applies to powered-   (1) Section
                               lift conducting       135.613(a)(1) only
                               operations in         applies to powered-
                               accordance with       lift equipped and
                               subpart L to part     certified to
                               135.                  conduct PinS
                                                     approaches
                                                     annotated with a
                                                     ``Proceed VFR''
                                                     segment.
                                                    (2) The applicable
                                                     VFR weather
                                                     minimums under Sec.
                                                       135.613(a)(2) for
                                                     powered-lift
                                                     operating in the
                                                     wing-borne flight
                                                     mode are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 1000-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 1500-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
                                                    (3) The applicable
                                                     VFR weather
                                                     minimums under Sec.
                                                       135.613(a)(2) for
                                                     powered-lift
                                                     operating in the
                                                     vertical-lift mode
                                                     are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 600-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 600-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
(ttt) Section 135.613(b)....  Applies to powered-   (1) Under Sec.
                               lift conducting       135.613(b)(1), for
                               operations in         transitions from
                               accordance with       VFR to IFR upon
                               subpart L to part     departure, the VFR
                               135.                  weather minimums
                                                     outlined for
                                                     powered-lift under
                                                     paragraph (sss) of
                                                     this section apply
                                                     if:
                                                    (i) An FAA-approved
                                                     obstacle departure
                                                     procedure is
                                                     followed; and
                                                    (ii) An IFR
                                                     clearance is
                                                     obtained on or
                                                     before reaching a
                                                     predetermined
                                                     location that is
                                                     not more than 3 NM
                                                     from the departure
                                                     location.
                                                    (2) Under Sec.
                                                     135.613(b)(2), if
                                                     the departure does
                                                     not meet the
                                                     requirements of
                                                     paragraph (ttt)(1)
                                                     of this section,
                                                     the VFR weather
                                                     minimums required
                                                     by the SFAR for the
                                                     class of airspace
                                                     apply.

[[Page 92517]]

 
(uuu) Section 135.615.......  Applies to powered-   (1) For powered-lift
                               lift conducting       operating in wing-
                               operations in         borne flight mode
                               accordance with       during the enroute
                               subpart L to part     phase of flight,
                               135.                  under Sec.
                                                     135.615(a)(3), (b),
                                                     and (c), the
                                                     following minimums
                                                     apply:
                                                    (i) For day
                                                     operations: no less
                                                     than 500 feet above
                                                     the surface or no
                                                     less than 500 feet
                                                     horizontally from
                                                     any obstacle; or
                                                    (ii) For night
                                                     operations: at an
                                                     altitude no less
                                                     than 1,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown or, in
                                                     designated
                                                     mountainous
                                                     terrain, no less
                                                     than 2,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown.
                                                    (2) For powered-lift
                                                     operating in
                                                     vertical-lift
                                                     flight mode during
                                                     the enroute phase
                                                     of flight, under
                                                     Sec.
                                                     135.615(a)(3), (b),
                                                     and (c) the
                                                     following minimums
                                                     apply:
                                                    (i) No less than 300
                                                     feet for day
                                                     operations.
                                                    (ii) No less than
                                                     500 feet for night
                                                     operations.
(vvv) Section 135.617.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
(www) Section 135.619.......  Applies to powered-
                               lift operators with
                               10 or more powered-
                               lift, helicopters,
                               or any combination
                               thereof, assigned
                               to the certificate
                               holder's operations
                               specifications for
                               air ambulance
                               operations.
(xxx) Section 135.621.......  Applies to powered-
                               lift conducting
                               operations in
                               accordance with
                               subpart L to part
                               135.
------------------------------------------------------------------------

Sec.  194.307  Applicability of rules for eligible on-demand 
operations.

    No person may operate a powered-lift in an eligible on-demand 
operation under part 135 of this chapter without complying with the 
requirements specified for the second in command of a fixed-wing 
aircraft contained in Sec.  135.4(a)(3) of this chapter.


Sec.  194.308  Applicability of national air tour safety standards 
under part 136 of this chapter to powered-lift.

    (a) Persons operating powered-lift in commercial air tours must 
continue to comply with rules applicable to all aircraft in part 136 of 
this chapter, as applicable to the operation.
    (b) Suitable landing area, as defined in Sec.  136.1 of this 
chapter, applies to powered-lift conducting commercial air tours.
    (c) Critical change of thrust for purposes of this section means a 
failure that would most adversely affect the performance or handling 
qualities of an aircraft.
    (d) No person may operate a powered-lift in a commercial air tour 
unless that person complies with the regulations listed in the first 
column of table 1 to this section, notwithstanding their applicability 
to airplanes or rotorcraft, subject to the applicability provisions in 
the second column, and any additional requirements or clarification 
specified in the third column:

                                            Table 1 to Sec.   194.308
----------------------------------------------------------------------------------------------------------------
                                                                                     Additional Requirements or
              Regulation                              Applicability                        Clarification
----------------------------------------------------------------------------------------------------------------
                             Part 136, Subpart A National Air Tour Safety Standards
----------------------------------------------------------------------------------------------------------------
(1) Section 136.9....................  Applies to powered-lift used in commercial  (i) Section 136.9(b)(2)
                                        air tours over water beyond the             applies to powered-lift
                                        shoreline.                                  operating in wing-borne
                                                                                    flight mode within power-off
                                                                                    gliding distance to the
                                                                                    shoreline for the duration
                                                                                    of the time that the flight
                                                                                    is over water.
                                                                                   (ii) Section 136.9(b)(3),
                                                                                    applies to multiengine
                                                                                    powered-lift that can be
                                                                                    operated with the critical
                                                                                    engine inoperative or while
                                                                                    experiencing a critical
                                                                                    change of thrust, at a
                                                                                    weight that will allow it to
                                                                                    climb, at least 50 feet a
                                                                                    minute, at an altitude of
                                                                                    1,000 feet above the
                                                                                    surface, as provided in the
                                                                                    approved aircraft flight
                                                                                    manual for that aircraft.
(2) Section 136.11...................  Applies to powered-lift used in commercial  (i) Section 136.11(a)(1)
                                        air tours over water beyond the             applies to single-engine
                                        shoreline.                                  powered-lift.
                                                                                   (ii) Section 136.11(a)(2)
                                                                                    applies to multi-engine
                                                                                    powered-lift that cannot be
                                                                                    operated with the critical
                                                                                    engine inoperative or while
                                                                                    experiencing a critical
                                                                                    change of thrust, at a
                                                                                    weight that will allow it to
                                                                                    climb, at least 50 feet a
                                                                                    minute, at an altitude of
                                                                                    1,000 feet above the
                                                                                    surface, as provided in the
                                                                                    approved aircraft flight
                                                                                    manual for that aircraft.
(3) Section 136.13...................  Applies to powered-lift.                    .............................
(4) Section 136.75(a)................  Applies to all single-engine powered-lift   .............................
                                        conducting air tours in Hawaii beyond the
                                        shore of any island.
(5) Section 136.75(b)................  Applies to powered-lift.                    .............................
(6) Section 136.75(c)................  Applies to powered-lift with an Aircraft    Except for approach to and
                                        Flight Manual containing height velocity    transition from a hover, and
                                        information.                                except for the purpose of
                                                                                    takeoff and landing, the PIC
                                                                                    of a powered-lift may only
                                                                                    operate such aircraft at a
                                                                                    combination of height and
                                                                                    forward speed (including
                                                                                    hover) that would permit a
                                                                                    safe landing in the event of
                                                                                    engine power loss or
                                                                                    critical change of thrust,
                                                                                    in accordance with the
                                                                                    height-speed envelope for
                                                                                    that powered-lift under
                                                                                    current weight and aircraft
                                                                                    altitude.
----------------------------------------------------------------------------------------------------------------


[[Page 92518]]

Sec.  194.309  Applicability of flight instruction; Simulated 
instrument flight.

    The requirement to hold the appropriate category and class rating 
in Sec.  91.109(c)(1)(i) of this chapter is not applicable to 
operations conducted to meet alternate aeronautical experience 
requirements set forth in Sec. Sec.  194.225, 194.227, and 194.229.


Sec.  194.310  Powered-lift in vertical-lift flight mode, flight 
recorder specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.310
----------------------------------------------------------------------------------------------------------------
                                                        Installed
                                                    system\1\ minimum  Sampling interval
           Parameters                  Range           accuracy (to       (per second)     Resolution 3 read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  4 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  VM in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable     2[deg].
Roll Attitude..................  60 or  2[deg].
                                  range, whichever
                                  is greater.
Altitude Rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main Rotor Speed...........  Maximum Range....  5%...  1................  1%.\2\
    Free or Power Turbine......  Maximum Range....  5%...  1................  1%.\2\
    Engine Torque..............  Maximum Range....  5%...  1................  1%.\2\
Flight Control Hydraulic
 Pressure:
    Primary (Discrete).........  High/Low.........  .................  1................
    Secondary--if applicable     High/Low.........  .................  1................
     (Discrete).
    Radio Transmitter Keying     On/Off...........  .................  1................
     (Discrete).
    Autopilot Engaged            Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Status-Engaged           Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Fault Status (Discrete)  Fault/OK.........  .................  1................
Flight Controls:
    Pilot Inputted--Primary      Full range.......  3%...  2................  1%.\2\
     Controls (I.E. Ascent,
     descent, acceleration, and
     deceleration, heading and
     directional control for
     all axis).
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.

Sec.  194.311  Powered-lift in wing-borne flight mode, flight recorder 
specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.311
----------------------------------------------------------------------------------------------------------------
                                                        Installed
                                                    system\1\ minimum  Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  8 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150 ft.
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable...  2[deg].
Roll Attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer Trim Position, or...  Full Range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Pitch Control Position

[[Page 92519]]

 
    Engine Power, Each Engine:.  Full Range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
    Fan or N\1\ Speed or EPR or  Maximum Range....  5%...  1................  1%.\3\
     Cockpit indications Used
     for Aircraft Certification
     OR.
    Prop. speed and Torque       .................  .................  1 (prop Speed)...  1%.\3\
     (Sample Once/Sec as Close                                         1 (torque).......  1%.\3\
     together as Practicable).
    Altitude Rate \2\ (need      8,000  10%.   1................  250 fpm. below 12,000.
     depends on altitude          fpm.               Resolution 250
     resolution).                                    fpm below 12,000
                                                     ft. indicated..
    Angle of Attack \2\ (need    -20[deg] to        2[deg].
     resolution).                 of usable range.
    Radio Transmitter Keying     On/Off...........  .................  1................
     (Discrete).
    TE Flaps (Discrete or        Each discrete      .................  1................
     Analog).                     position (U, D,
                                  T/O, AAP) OR.
    LE Flaps (Discrete or        Analog 0-100%      3%...  1................  1%.\3\
     Analog).                     range.
                                 Each discrete      .................  1................
                                  position (U, D,
                                  T/O, AAP) OR.
Thrust Reverser, Each Engine     Analog 0-100%      3[deg].
                                 Stowed or full
                                  reverse.
Spoiler/Speedbrake (Discrete)..  Stowed or out....  .................  1................
Autopilot Engaged (Discrete)...  Engaged or         .................  1................
                                  Disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.

Sec.  194.312  Powered-lift in vertical-lift flight mode, flight 
recorder specifications under part 135 of this chapter.

                                            Table 1 to Sec.   194.312
----------------------------------------------------------------------------------------------------------------
                                                        Installed
                                                    system\1\ minimum  Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vm in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable     2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Altitude rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main rotor speed...........  Maximum range....  5%...  1................  1%.\2\
    Free or power turbine......  Maximum range....  + 5%.............  1................  1%.\2\
Engine torque                    Maximum range....  5%...  1................  1%.\2\
Flight Control--Hydraulic
 Pressure:
    Primary (discrete).........  High/low.........  .................  1................
    Secondary--if applicable     High/low.........  .................  1................
     (discrete).
    Radio transmitter keying     On/off...........  .................  1................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................
     (discrete).                  disengaged.
    SAS status--engaged          Engaged/           .................  1................
     (discrete).                  disengaged.
    SAS fault status (discrete)  Fault/OK.........  .................  1................
Flight Controls:
    Primary Controls (I.E.       Full range.......  3%...  2................  1%.\2\
     Ascent, descent,
     acceleration, and
     deceleration, heading and
     directional control for
     all axis) \3\.
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position \3\.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.
\3\ For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4.


[[Page 92520]]

Sec.  194.313  Powered-lift in wing-borne flight mode, flight recorder 
specification under part 135 of this chapter.

                                            Table 1 to Sec.   194.313
----------------------------------------------------------------------------------------------------------------
                                                        Installed
                                                    system\1\ minimum  Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable...  2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer trim position.......  Full range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Or
    Pitch control position.....  Full range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Engine Power, Each Engine
    Fan or N1 speed or EPR or    Maximum range....  5%...  1................  1%.\3\
     cockpit indications used
     for aircraft certification.
Or
    Prop. speed and torque       .................  .................  1 (prop speed), 1
     (sample once/sec as close                                          (torque).
     together as practicable).
    Altitude rate \2\ (need      8,000  10%.   1................  250 fpm Below 12,000
     depends on altitude          fpm.               Resolution 250
     resolution).                                    fpm below 12,000
                                                     ft. indicated.
    Angle of attack \2\ (need    -20[deg] to        2[deg].
     resolution).                 usable range.
    Radio transmitter keying     On/off...........  .................  1................
     (discrete).
    TE flaps (discrete or        Each discrete      .................  1................  ......................
     analog).                     position (U, D,
                                  T/O, AAP).
                                 Or...............
                                 Analog 0-100%      3[deg].
    LE flaps (discrete or        Each discrete      .................  1................
     analog).                     position (U, D,
                                  T/O, AAP).
                                 Or...............
                                 Analog 0-100%      3[deg].
    Thrust reverser, each        Stowed or full     .................  1................
     engine (Discrete).           reverse.
    Spoiler/speedbrake           Stowed or out....  .................  1................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................
     (discrete).                  disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.

Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and 
Alteration Requirements for Powered-Lift Under Part 43 of This 
Chapter


Sec.  194.401  Applicability.

    Unless otherwise specified by this part, powered-lift must continue 
to comply with rules applicable to all aircraft in part 43 of this 
chapter.


Sec.  194.402  Maintenance provisions.

    The following maintenance provisions under part 43 of this chapter 
that pertain to rotorcraft also apply to powered-lift:
    (a) Section 43.3(h) of this chapter applies to certificate holders 
operating powered-lift under part 135 of this chapter in a remote area; 
and
    (b) In lieu of complying with Sec.  43.15(b) of this chapter, each 
person performing an inspection required by part 91 of this chapter on 
a powered-lift shall inspect critical parts in accordance with the 
maintenance manual or Instruction for Continuous Airworthiness, or as 
otherwise approved by the Administrator.
    (1) A ``critical part'' has the same meaning as provided in 
Sec. Sec.  27.602 and 29.602 of this chapter.
    (2) [Reserved]

Appendix A to Part 194. Minimum Requirements for a Pilot Training 
Program in a Powered-Lift Originally Type Certificated or Seeking Type 
Certification With One Set of Controls and a Single Pilot Station

1. Applicability

    (a) This appendix prescribes the minimum requirements to apply 
for a pilot training program for the following ratings in a powered-
lift originally type certificated or seeking type certification with 
one set of controls and a single pilot station:
    (1) Powered-lift Category;
    (2) Powered-lift Type;
    (3) Instrument-Powered-lift.
    (b) Notwithstanding the exceptions in Sec.  194.211, a person 
utilizing the alternate pathway set forth in this appendix must 
apply for all three ratings simultaneously.

[[Page 92521]]

2. Eligibility

    (a) To utilize the alternate framework set forth by this 
appendix, an applicant must be qualified in accordance with the 
requirements set forth by Sec.  194.215(a).
    (b) The alternate framework set forth in this appendix may only 
be provided under a part 135, 141, or 142 approved training program.

3. Ground Training

    (a) An applicant must receive and log all required ground 
training set forth by Sec. Sec.  61.63(b) and 61.65(b) of this 
chapter prior to receiving training in accordance with section 4. of 
this appendix.
    (b) Following the required ground training as set forth in 
paragraph (a) of this section, an applicant must successfully 
complete a written or oral check administered by the training 
provider.

4. Simulator Training in a Level C or Higher Full Flight Simulator 
Representative of a Powered-Lift With Single Controls and a Single 
Pilot Station

    (a) In lieu of flight training in a powered-lift with single 
controls and a single pilot station, an applicant seeking a powered-
lift category rating, instrument rating, and a type rating may 
complete all applicable flight training requirements prescribed in 
part 61 of this chapter or the corresponding framework prescribed in 
Sec. Sec.  194.217 through 194.235 (except for the cross-country 
requirements in Sec.  194.233), as applicable, in a qualified Level 
C or higher full flight simulator representative of the powered-lift 
type with single controls and a single pilot station.
    (b) Following the training set forth in paragraph (a) of this 
section, the applicant must satisfactorily accomplish a check with a 
check pilot, a training center evaluator, an authorized instructor, 
instructor pilot, an FAA aviation safety inspector, or another 
person authorized by the FAA to administer this check in a qualified 
Level C or higher full flight simulator in accordance with the 
approved training program. The check must consist of oral 
questioning followed by the satisfactory performance of all the 
maneuvers and procedures required for the issuance of a commercial 
pilot certificate with a powered-lift category rating, for the 
issuance of an instrument-powered-lift rating and for the issuance 
of a powered-lift type rating, except those tasks waived in 
accordance with Sec.  194.207(c).

5. Aircraft Familiarity Flight

    (a) Within 90 days of an applicant's successful completion of 
the check set forth by section 4.(b) of this appendix, the applicant 
must observe an aircraft familiarity flight with an authorized 
instructor.
    (b) The aircraft familiarity flight must include the following 
components:
    (1) The authorized instructor must demonstrate the flight 
maneuvers and procedures required for the issuance of a commercial 
pilot certificate with a powered-lift category rating, for the 
issuance of an instrument-powered-lift rating and for the issuance 
of a powered-lift type rating, except those tasks waived in 
accordance with Sec.  194.207(c), in the aircraft in flight, and
    (2) The applicant must have unobstructed visual sight of the 
controls and instrumentation and maintain active communication with 
the authorized instructor for the entire flight.
    (c) The aircraft familiarity flight may occur during one flight 
or over multiple flights.
    (d) Following successful completion of the aircraft familiarity 
flight, the authorized instructor may endorse the applicant to act 
as pilot in command of the specific powered-lift to accomplish the 
demonstration flight with an authorized instructor on board as set 
forth in section 6.(a) of this appendix. The endorsement is valid 
for 90 days from the date of successful completion of the full 
flight simulator check set forth by section 4.(b) of this appendix.

6. Demonstration and Solo Flights

    (a) Demonstration flight.
    (1) After an applicant receives an endorsement to act as PIC in 
accordance with section 5.(d) of this appendix, the applicant must 
complete a demonstration flight under the direct observation of an 
authorized instructor.
    (2) The demonstration flight must include the following 
components:
    (i) The applicant must demonstrate the flight maneuvers and 
procedures required for the issuance of a commercial pilot 
certificate with a powered-lift category rating, for the issuance of 
an instrument-powered-lift rating and for the issuance of a powered-
lift type rating, except those tasks waived in accordance with Sec.  
194.207(c), in the aircraft in flight, and
    (ii) The authorized instructor must have unobstructed visual 
sight of the controls and instrumentation and maintain active 
communication with the applicant for the entire flight.
    (3) The demonstration flight may occur during one flight or over 
multiple flights.
    (4) Upon determination that the applicant has demonstrated 
satisfactory proficiency in the aircraft, the check pilot, training 
center evaluator, authorized instructor, instructor pilot, FAA 
aviation safety inspector, or another person authorized by the FAA 
to administer this check may endorse the applicant to act as pilot 
in command of the specific powered-lift to conduct solo flight in 
accordance with paragraph (c) of this section. The endorsement is 
valid for 90 days from the day the demonstration flight is 
successfully completed.
    (b) Failure to complete demonstration flight during endorsement 
period.
    (1) If the applicant does not successfully complete the 
demonstration flight in paragraph (a) of this section within the 90-
day endorsement period, the applicant may receive another 
endorsement by:
    (i) Completing a demonstration of proficiency in the full flight 
simulator consisting of the tasks and maneuvers set forth by section 
10. of this appendix, in addition to any maneuvers or procedures 
deemed necessary by the check pilot, training center evaluator, 
authorized instructor, instructor pilot, an FAA aviation safety 
inspector, or other person authorized by the FAA to administer this 
check to ensure proficiency, and
    (ii) Completing an aircraft familiarity flight meeting the 
requirements of section 5.(b) of this appendix.
    (2) After the applicant meets the requirements of paragraph 
(b)(1) of this section, the applicant may receive another 
endorsement for the applicant to act as pilot in command of the 
specific powered-lift to accomplish the demonstration flight with an 
authorized instructor on board as set forth in section 6.(a) of this 
appendix. This endorsement is valid for 90 days from the day the 
demonstration of proficiency in the full flight simulator was 
successfully completed.
    (c) Solo Flights. After an applicant receives an endorsement to 
conduct solo flights in accordance with section 6.(a)(4) of this 
appendix, the applicant must complete 20 hours of solo flight in the 
aircraft, which must include:
    (1) 10 hours of solo flight time in accordance with Sec.  
61.129(e)(4) or the corresponding alternate provision set forth in 
Sec. Sec.  194.217 through 194.231 of this part;
    (2) 10 hours of solo flight time that includes the maneuvers and 
procedures required for the issuance of a commercial pilot 
certificate with a powered-lift category rating, for the issuance of 
an instrument-powered-lift rating and for the issuance of a powered-
lift type rating; and
    (3) The alternate cross-country aeronautical experience 
requirements prescribed in Sec.  194.233 of this part.
    (d) Lapse of endorsement for solo flights. If the applicant does 
not successfully complete the solo flight time required in paragraph 
(c) of this section within the 90-day endorsement period, the 
applicant may receive another 90-day endorsement by satisfying the 
requirements of paragraph (d)(1) or (2) of this section, as 
applicable.
    (1) If the applicant seeks to renew the endorsement for another 
90-day period and is within the 90-day period of the original 
endorsement, the applicant must complete a demonstration flight 
consisting of the tasks and maneuvers set forth by section 10. of 
this appendix, in addition to any maneuvers or procedures deemed 
necessary by the check pilot, training center evaluator, authorized 
instructor, instructor pilot, FAA aviation safety inspector, or 
another person authorized by the FAA to ensure proficiency.
    (2) If the applicant seeks another endorsement outside the 90-
day period of the original endorsement, the applicant must:
    (i) The applicant must satisfactorily complete a demonstration 
of proficiency in the full flight simulator consisting of the tasks 
and maneuvers set forth by section 10. of this appendix, in addition 
to any maneuvers or procedures deemed necessary by the authorized 
instructor to ensure proficiency, successful completion of which 
will result in a 90-day endorsement to accomplish a demonstration 
flight with an authorized instructor on board; and
    (ii) The applicant must complete a demonstration flight with a 
check pilot, training center evaluator, authorized instructor, 
instructor pilot, FAA aviation safety inspector, or another person 
authorized by the FAA to administer this check consisting of the 
tasks and maneuvers

[[Page 92522]]

set forth by section 10. of this appendix, in addition to any 
maneuvers or procedures deemed necessary by the authorized 
instructor to ensure proficiency.

7. Practical Test

    (a) The applicant may meet the training requirements of Sec.  
61.129(e)(3)(iv) in a Level C or higher FFS.
    (b) A person who uses a flight simulator or flight training 
device for any portion of the practical test in accordance with 
Sec.  61.64(a) of this chapter after training in accordance with 
this appendix and does not meet the requirements of Sec.  61.64(e) 
of this chapter will--
    (1) Receive a limitation that states ``the certificate is 
subject to certain pilot in command limitations,'' in lieu of the 
limitation set forth by Sec.  61.64(f); and
    (2) Be restricted from the carriage of persons or property other 
than necessary for the conduct of the flight.
    (c) The limitation described under paragraph (b) of this section 
may be removed from the pilot certificate by meeting the 
requirements set forth in section 8. of this appendix.

8. Supervised Operating Experience for a Powered-Lift With Single 
Controls and a Single Pilot Station

    (a) The limitation set forth in paragraph 7.(b) of this appendix 
may be removed if the pilot complies with the following:
    (1) Performs 10 hours of flight time in an aircraft of category 
and type for which the limitation applies under the observation of a 
pilot who holds a category and type rating without limitations for 
the aircraft, maintaining full communication with the observing 
pilot;
    (2) Logs each flight and the observing pilot attests in writing 
to each flight; and
    (3) Presents evidence of the supervised operating experience to 
any examiner or Flight Standards office to have the limitation 
removed.
    (b) The flight time required in paragraph (a)(1) of this section 
must include a cross-country flight in a powered-lift under 
instrument flight rules on a flight plan filed with an air traffic 
control facility that involves--
    (i) A flight of at least 100 nautical miles along airways or by 
directed routing from an air traffic control facility;
    (ii) An instrument approach at each airport; and
    (iii) Three different kinds of approaches with the use of 
navigation systems.
    (c) The observing pilot must have unobstructed visual sight of 
the controls and instrumentation.

9. Deviation Authority

    The Administrator may authorize a deviation from the simulator 
qualification requirement in section 4. of this appendix stipulating 
that training must be completed in a qualified Level C or higher 
full flight simulator upon a determination by the Administrator 
that--
    (a) The alternative training device is of adequate fidelity to 
be used as a substitution for in-aircraft flight training; and
    (b) The effectiveness and objectives of the training program can 
be met utilizing the alternative training device.

10. Maneuvers and Procedures Required for Certain Flights Prescribed by 
This Appendix

    This section sets forth the maneuvers and procedures required 
for flights required in accordance with sections 6.(b)(1)(i), 
6.(d)(1), 6.(d)(2)(i), and 6.(d)(2)(ii) of this appendix, except 
those maneuvers and procedures under tasks waived in accordance with 
Sec.  194.207(c).
    (a) Proper flight preparation procedures, including preflight 
planning and preparation, powerplant operation, and aircraft 
systems;
    (b) Taxiing or surface operations, including runups;
    (c) Takeoffs and landings, including normal and crosswind;
    (d) Straight and level flight, and turns in both directions;
    (e) Climbs and climbing turns;
    (f) Airport traffic patterns, including entry and departure 
procedures;
    (g) Collision avoidance, windshear avoidance, and wake 
turbulence avoidance;
    (h) Descents with and without turns;
    (i) Flight at various airspeeds from cruise to slow flight;
    (j) Stall entries from various flight attitudes and power 
combinations with recovery initiated at the first indication of a 
stall, and recovery from a full stall;
    (k) Emergency procedures and equipment malfunctions;
    (l) Ground reference maneuvers;
    (m) Approaches to a landing with simulated engine malfunctions;
    (n) Go-arounds;
    (o) Approaches to the landing area;
    (p) Hovering and hovering turns; and
    (q) For a multiengine powered-lift, simulated one-engine-
inoperative approaches and landings.

    Issued under authority provided by 49 U.S.C. 106(f), 40113, 
44701-44705, 44707, 44712, 44713, 44715, 44722, and 44730 in 
Washington, DC, on October 22, 2024.
Michael Gordon Whitaker,
Administrator.
[FR Doc. 2024-24886 Filed 11-20-24; 8:45 am]
BILLING CODE 4910-13-P

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