# Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2023-11497 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** June 14, 2023 - **Citation:** 88 FR 38946 ## Text DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 43, 60, 61, 91, 97, 111, 135, 136, 141, 142, and 194 [Docket No. FAA-2023-1275; Notice No. 23-8] RIN 2120-AL72 Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes a Special Federal Aviation Regulation for alternate eligibility requirements to safely certificate initial groups of powered-lift pilots, as well as determine which operating rules apply to powered-lift on a temporary basis to enable the FAA to gather additional information and determine the most appropriate permanent rulemaking path for these aircraft. Powered-lift will be type certificated as special class aircraft under the existing regulations. Currently, there is not an established path for civilian pilots to be certificated with a powered-lift category rating. The general and commercial operating regulations do not contemplate operation of powered-lift. In addition to proposed changes for powered-lift, this action also proposes changes that would affect practical tests in aircraft that require type ratings, including airplanes and helicopters, training center rotorcraft instructor eligibility, training, and testing requirements, and training center use of rotorcraft in flight instruction. DATES: Send comments on or before August 14, 2023. ADDRESSES: Send comments identified by docket number FAA-2023-1275 using any of the following methods: Federal eRulemaking Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending your comments electronically. Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: Fax comments to Docket Operations at (202) 493-2251. Docket: Background documents or comments received may be read at https://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Christina Grabill, AFS-810, Federal Aviation Administration, 800 Independence Ave. SW, Washington, DC 20591; telephone (202) 267-1110; email christina.grabill@faa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary A. Aircraft Certification B. Airman Certification C. Operational Requirements D. International Operation of Powered-Lift E. Summary of the Costs and Benefits F. SFAR Framework and Duration II. Authority for This Proposed Rulemaking III. Background A. General B. Related Rulemakings C. Part 1 Considerations IV. Powered-Lift Type Certification and FSTD Qualification A. Type Certification B. Noise Considerations C. Qualification of Powered-Lift Flight Simulation Training Devices (FSTD) V. Certification of Powered-Lift Pilots A. Establish a Type Rating Requirement for Persons Seeking To Act as PIC of Powered-Lift B. Applicability of the Type Rating Requirement to Military Pilots C. Applicability of the SIC Qualification Requirements of § 61.55 to Powered-Lift D. Supervised Operating Experience Requirements of § 61.64 E. Establish an Alternate Pathway for Pilot Certification F. Training in an Approved Program Under Parts 135, 141, and 142 G. Practical Tests H. Miscellaneous Amendments I. Part 135 Pilot Qualifications J. Part 142 Training Centers K. Subpart K of Part 91 Pilot Qualifications L. Summary of Proposed Regulatory Changes for Airmen VI. Operational Rules for Powered-Lift A. Introduction B. Part 91 Rules for Powered-Lift C. Part 97 Rules for Powered-Lift D. Part 135 Rules for Powered-Lift E. Part 136 Rules for Powered-Lift F. Part 43 Applicability to Powered-Lift G. Pilot Records Database VII. Air Traffic Operations VIII. International Operations for Powered-Lift A. Personnel Licensing B. Operations of Aircraft C. Airworthiness of Aircraft IX. Regulatory Notices and Analyses A. Data and Assumptions B. Summary of the Regulatory Impact Analysis C. Regulatory Flexibility Act D. International Trade Impact Assessment E. Unfunded Mandates Assessment F. Paperwork Reduction Act G. International Compatibility H. Environmental Analysis I. Regulations Affecting Intrastate Aviation in Alaska X. Executive Order Determinations A. Executive Order 14036, Promoting Competition in the United States Economy B. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government C. Executive Order 13132, Federalism D. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments E. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use F. Executive Order 13609, Promoting International Regulatory Cooperation XI. Additional Information A. Comments Invited B. Confidential Business Information C. Electronic Access and Filing D. Small Business Regulatory Enforcement Fairness Act Abbreviations and Acronyms Used in This Document ACO—Aircraft Certification Office ACS—Airman Certification Standards ALPA—Air Line Pilots Association APD—Aircrew Program Designee AIH—Aviation Instructor's Handbook AQP—Advanced Qualification Program ATC—Air Traffic Control ATP—Airline Transport Pilot ATO—Air Traffic Organization CAMP—Continuous Airworthiness Maintenance Program CFIT—Controlled Flight Into Terrain CFR—Code of Federal Regulations CLOA—Certificate and Letter of Authority CVR—Cockpit Voice Recorder DPE—Designated Pilot Examiner GPS—Global Positioning System GPWS—Ground Proximity Warning Systems ELT—Emergency Locator Transmitter ERT—Extended Review Team FDR—Flight Data Recorder FFS—Full Flight Simulator FSB—Flight Standardization Board FSBR—Flight Standardization Board Report FSTD—Flight Simulation Training Device FTD—Flight Training Device HAA—Helicopter Air Ambulance HTAWS—Helicopter Terrain Awareness Warning System ICAO—International Civil Aviation Organization IFR—Instrument Flight Rules IMC—Instrument Meteorological Conditions IOE—Initial Operating Experience IPC—Instrument Proficiency Check LOA—Letter of Authorization MDA—Minimum Descent Altitude MCTW—Maximum Certificated Takeoff Weight MEL—Minimum Equipment List MFD—Multifunction Display MGTOW—Maximum Gross Takeoff Weight MMEL—Master Minimum Equipment List NAS—National Airspace System NPRM—Notice of Proposed Rulemaking NM—Nautical Mile NSP—National Simulator Program NTSB—National Transportation Safety Board OEM—Original Equipment Manufacturer PA—Public Address System PDP—Professional Development Program PIC—Pilot in Command PFD—Primary Flight Display POI—Principal Operations Inspector PTS—Practical Test Standards QPS—Qualification Performance Standards RPA—Rules of Particular Applicability SARPs—Standards and Recommended Practices SFAR—Special Federal Aviation Regulation SIC—Second in Command SOE—Supervised Operating Experience SVO—Simplified Vehicle Operations TAPL—Technically Advanced Powered-Lift TAWS—Terrain Awareness and Warning System TC—Type Certificate TCE—Training Center Evaluator TCDS—Type Certificate Data Sheet VFR—Visual Flight Rules VMC—Visual Meteorological Conditions VTOL—Vertical Takeoff and Landing I. Executive Summary This proposed rule would establish the requirements for pilot certification and operation of powered-lift. Powered-lift are defined in title 14 of the Code of Federal Regulations (14 CFR) part 1 as heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight. Powered-lift are capable of vertical takeoff and landing (VTOL) while being able to fly like an airplane during cruise flight. Currently, there are no type-certificated powered-lift in civil operations; however, there are several applicants seeking type certificates for such aircraft. 1 1 The General Aviation Manufacturers Association (GAMA) made several contacts with the FAA during the course of this rulemaking. On July 21, 2022, the General Aviation Manufacturers Association submitted a letter to the FAA providing its recommendations regarding consensus standards for powered-lift. The FAA did not take these recommendations into consideration while developing this NPRM. The FAA has placed a copy of this letter in the docket for this rulemaking. On August 17, 2022, the FAA met with GAMA to discuss eVTOL Entry Into Service. The FAA did not take into account the contents of this meeting while developing this NPRM. Several of the powered-lift that the FAA expects to come to the civilian market have complex and unique design, flight, and handling characteristics with varying degrees of automation. The FAA anticipates that these aircraft will conduct an array of different operations such as transporting crew and material to offshore oil rigs, transporting passengers from point-to-point as an air ambulance, and transporting passengers in concentrated urban environments as an air taxi. To safely integrate powered-lift in the national airspace system (NAS), the FAA proposes to make permanent changes to parts 61, 135, and 142 to train and certificate powered-lift pilots and instructors, as well as temporary changes through a Special Federal Aviation Regulation (SFAR) that would supplement existing rules, create temporary alternatives for airman certification, remove operational barriers, and mitigate safety risks for powered-lift. As discussed in section I.F, the FAA proposes a duration of 10 years for the SFAR. Powered-lift will also be utilized to support the deployment of advanced air mobility (AAM) operations. AAM is an umbrella term for an air transportation system that moves people and cargo using revolutionary new aircraft. These aircraft are often referred to as air taxis or electric Vertical Takeoff and Landing (eVTOL) aircraft. Congress has recently directed the Department of Transportation to establish an advanced air mobility working group to plan for and coordinate efforts to integrate advanced air mobility aircraft into the national airspace system through the Advanced Air Mobility Coordination and Leadership Act. 2 This rulemaking is an important step in facilitating the integration of powered lift and AAM into the NAS. As discussed further in section X of this preamble, the proposed rule would promote competition and equity in air travel by enabling powered-lift and AAM to enter the market. 2 Public Law 117-203, 136 Stat. 4441. A. Aircraft Certification The FAA is not proposing to establish any new requirements for the type certification of powered-lift, nor is it proposing to revise existing type certification requirements. The FAA has determined that existing aircraft certification requirements are sufficient to type certificate powered-lift as a special class under 14 CFR 21.17(b). The special class process allows the FAA to address the novel features of unique and nonconventional aircraft without the need for additional processes such as special conditions or exemptions that would be required if the FAA used the airworthiness standards already in place. Under the special class process, the FAA designates applicable airworthiness requirements as the certification basis for each aircraft design, including its engines and propellers. This designation of applicable airworthiness requirements may include requirements from the existing airworthiness standards applicable to normal category and transport category airplanes, normal category and transport category rotorcraft, aircraft engines and propellers (parts 23, 25, 27, 29, 33, and 35), and it may also include unique airworthiness criteria developed specifically for the individual product. The FAA will publish the proposed airworthiness criteria, along with an explanation of its equivalency determination, in the Federal Register for public notice and comment for each powered-lift project. The aircraft certification requirements are discussed in more detail in section IV of this preamble. B. Airman Certification Although the FAA has existing regulations in part 61 for training and certificating powered-lift flight instructors and pilots, those regulations do not adequately address the unique challenges of introducing a new category of aircraft to civil operations. First, the existing regulations did not anticipate the diversity in design of the powered-lift that are beginning to work through the aircraft certification process. Second, the existing aeronautical experience requirements for powered-lift contain roadblocks for training and certificating the initial cadre of powered-lift flight instructors and pilots. In addition to the challenges with the existing regulations in part 61, the regulations for certain commercial operations in part 135 do not contain specific regulations addressing qualifications for powered-lift pilots which creates a safety gap when compared to the part 135 requirements for pilots of airplanes and helicopters. The intention expressed by industry to introduce these aircraft immediately into passenger-carrying commercial operations has made more urgent the need to reconsider the existing airman regulations for powered-lift and address the absence of specific regulations for pilots in part 135. The FAA requires and the public expects that commercial operations be conducted with the highest regard for safety and by pilots who have extensive experience flying the particular category of aircraft in which paying passengers will be transported. To maintain a level of safety commensurate with that expected for airplanes and helicopters, the FAA is proposing new requirements for pilots to hold type ratings for each powered-lift they fly and proposing qualification requirements for powered-lift pilots serving in part 135. To address the obstacles to airman certification in existing regulations, the FAA is proposing alternatives to certain requirements in part 61 to facilitate the training and certification of the initial cadre of powered-lift instructors and powered-lift pilots. 1. Type Rating The lack of commonality in the design of powered-lift creates challenges for pilot training and certification. The powered-lift coming to the civilian market have complex and unique design, flight, and handling characteristics with varying degrees of automation. Because each powered-lift can have different configurations, unique inceptors, diversified flight controls, and complicated and distinctive operating characteristics, the FAA has determined that, unlike airplanes and rotorcraft, it is not feasible to establish classes within the powered-lift category at this time. As such, the FAA is proposing to require pilots to hold a type rating for each powered-lift they fly. 3 This proposal would ensure that the pilot in command (PIC) has received specific training on the unique aspects of each powered-lift and demonstrated proficiency during a practical test conducted by an FAA examiner. The proposed type rating requirement would also conform to the type rating standard established by the International Civil Aviation Organization (ICAO). 3 If a manufacturer develops a powered-lift that is sufficiently similar to another powered-lift such that there is enough commonality in how they perform and handle for pilots ( e.g., flight controls), it is possible for those powered-lift to share a type rating. Based on what is being manufactured now, the FAA does not expect this to be a possibility in the near term. Should this realize, the FAA would determine whether a powered-lift should share a type rating with another powered-lift during the FSB process, which is discussed in section V.H of this preamble. 2. Flight Instructors Flight instructors form the backbone of the airman certification framework. Every individual that learns to fly begins by obtaining flight training from an authorized instructor on the basic maneuvers, flight controls, and instruments of a particular category of aircraft ( e.g., airplanes). The FAA recognizes that, once the first powered-lift achieve type certification, there will be an insufficient number of qualified flight instructors to provide training to the pilots who will need to obtain certificates and ratings necessary to serve in powered-lift operations. For this reason, the FAA is proposing to allow certain pilots employed by the manufacturer to obtain the necessary training and experience for powered-lift through the test flights and crew training activities necessary for aircraft certification. Once the manufacturer's personnel obtain the necessary ratings, they would form the initial cadre of instructors who could conduct certification training in the manufacturer's aircraft for certain instructor personnel at part 141 pilot schools, part 142 training centers, and part 135 operators. These instructors under parts 141, 142, and 135 would then develop the curricula for the initial powered-lift training at their respective organizations. The reliance on manufacturers to provide the initial training in a new aircraft is not without precedent in aviation. For years, manufacturers of new types of airplanes or rotorcraft have provided the necessary training for the initial cadre of pilots who will fly the new aircraft type ( e.g., B-787). In fact, a number of manufacturers hold air agency certificates under parts 141 and 142 for the purpose of providing this type of flight training to the pilots of prospective customers. As explained in greater detail later in this preamble, the current proposal provides flexibility for powered-lift manufacturers to conduct training that would facilitate the qualification of flight instructors and promote the use of their aircraft. 3. Pilots Even with sufficient qualified flight instructors, the existing airman certification rules for powered-lift present obstacles for persons seeking to accomplish the training and experience necessary to obtain the certificates and ratings for commercial operations. In response to industry concerns, the FAA is proposing alternate requirements for meeting pilot in command (PIC) flight time and cross-country flight time requirements in part 61 and expanding the opportunity for pilots to obtain powered-lift ratings at the commercial pilot certificate level through part 135 training programs. Most of the alternative requirements would be available only to pilots who already hold a commercial pilot certificate and an instrument rating for another category of aircraft. In addition, although no FSTDs representing powered-lift are currently qualified, the FAA anticipates near-term qualification of such devices and is proposing to allow increased flight training opportunities through simulation. 4. Part 135 Pilot Qualifications With the recent issuance of a separate NPRM that proposes to enable powered-lift operations in part 135, the FAA is proposing permanent changes in this NPRM to training and qualification requirements for pilots to align with the requirements established for pilots of airplanes and rotorcraft in part 135. These proposals include ATP certification and operating experience in make and model of powered-lift for PICs in commuter operations, part 121 training requirements for pilots who serve in commuter operations in certain powered-lift, and instrument ratings for all powered-lift pilots in part 135 operations. In addition to proposing to allow a part 135 operator to develop and provide training for powered-lift pilot certification at the commercial pilot level, the FAA is proposing to permit successful completion of part 135 pilot checks to be used to meet the practical test requirements for powered-lift ratings subject to certain conditions. 5. Dual Controls Since 1938, aviation regulations have required aircraft to have dual controls for operations involving flight training. This requirement prevents a person not rated or inexperienced in an aircraft from having sole responsibility for the flight and permits a PIC to directly intervene when necessary in the interest of safety. The FAA is aware that some manufacturers have or intend to design powered-lift with a single set of controls. Because the FAA is proposing that all powered-lift would require the pilot to hold a type rating for the aircraft, a person would be required to receive training for a type rating in the specific powered-lift for the type rating sought, meaning the powered-lift must have a dual set of controls for flight training under § 91.109. To the extent that manufacturers have suggested that there are alternate safe means to conduct flight training without a dual set of controls, the FAA finds that those means have not been demonstrated or validated to a level that would allow the FAA to propose relief from the requirement to conduct flight training with a dual set of controls. The FAA invites public comments on this determination. Specifically: • How would a flight instructor provide flight training in powered-lift with only a single set of flight controls without adversely affecting safety? • How would an applicant meet the supervised operating experience requirements with a single set of flight controls in powered-lift? 4 4 A person subject to a supervised operating experience (SOE) limitation my not act as PIC of an aircraft but must perform the duties of PIC under the supervision of a qualified PIC. The FAA considers a person to be performing the duties of a PIC when the person performs all the functions of the PIC including landings and takeoffs, en route flying, low approaches, and ground functions. See Legal Interpretation to Duncan (Apr. 13, 2012). As such, both the PIC (the person responsible for the safe conduct of the flight) and the person completing SOE need access to flight controls. • How would an operator fully qualify pilots for air carrier operations in an aircraft without dual flight controls while meeting the enhanced safety standard that is expected of air carrier operations? Please provide any relevant data or technical analyses that could assist the FAA in evaluating these comments. 6. Impacts to Rotorcraft Training at Part 142 Training Centers The FAA is also proposing some permanent changes that, in addition to establishing requirements for powered-lift, would affect certain part 142 training in FSTDs that represent rotorcraft. These proposed changes would harmonize requirements for airplanes, powered-lift and rotorcraft in part 142 with regard to training in an FSTD that represents an aircraft that requires the pilot to hold a type rating. In some instances, these proposed changes would provide additional flexibility to training and qualification for rotorcraft instructors consistent with allowances for airplane instructors and provide training and testing for rotorcraft instructors that is more specifically focused on rotorcraft, instead of airplanes. C. Operational Requirements Currently, parts 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alteration), 91 (General Operating and Flight Rules), 97 (Standard Instrument Procedures), 135 (Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft), and 136 (Commercial Air tours and National Parks Air Tour Management) include regulatory requirements applicable to aircraft, generally, and do not specify applicability to a particular kind of aircraft ( i.e., airplane, rotorcraft, powered-lift). Accordingly, these provisions currently apply to powered-lift. In order to mitigate the safety gaps that exist due to the absence of operational regulations specifically applicable to powered-lift, the FAA proposes, through the SFAR, to apply specific airplane, rotorcraft, and helicopter rules contained in parts 43, 91, 97, 135, and 136 to powered-lift as appropriate. The FAA conducted a comprehensive review of the operational rules, taking into consideration the anticipated capabilities of powered-lift and the lack of operational data. Each rule was evaluated to determine whether the airplane or the rotorcraft/helicopter provisions would maintain a level of safety for powered-lift operations as is provided in the current rules. Based on this review, the FAA asserts that the proposed provisions will maintain an equivalent level of safety for operations conducted in powered-lift to those conducted in airplanes, rotorcraft, or helicopters. Specifically, under part 91, the FAA proposes applying airplane rules, except for the helicopter provisions of §§ 91.126(b)(2) and 91.129(f)(2), when a powered-lift is operating in vertical-lift flight mode. These two regulations require helicopters, when conducting approaches, to avoid the flow of fixed-wing aircraft in Class G and Class D airspace, respectively. This proposal would provide the flexibility for powered-lift operators capable of landing vertically to land at most helicopter pads and heliports. 5 5 See section VI.A.1 for further discussion of “heliport” and the FAA's published interim guidance for vertiport design. Under part 135, the FAA proposes applying airplane rules, except for helicopter- or rotorcraft-specific regulations that outline: certain equipment requirements; certain emergency equipment and passenger briefing requirements for overwater operations; certain VFR or IFR requirements; requirements for operations in icing conditions; and certain airport requirements, as well as requirements for operating in remote areas. The FAA also proposes to require powered-lift operators conducting operations similar to helicopter air ambulance operations to utilize the requirements applicable to such operations in part 135. The FAA also proposes to make a permanent change to the regulatory requirements for the Pilot Records Database contained in part 111 to include powered-lift as a qualifying aircraft to meet the threshold requirement of whether a person operating in furtherance of a business needs to report pilot records to the Pilot Records Database. In general, the FAA applies operational requirements specific to helicopter operations within part 136 to powered-lift operations because the FAA expects powered-lift will hover and operate similarly to helicopters when conducting air tours, except when relying on horizontal lift. Accordingly, for operational requirements related to cruise flight in wing-borne flight mode, the FAA applies airplane specific requirements because of a powered-lift's expected similarity to an airplane in that operational circumstance. The FAA also proposes to allow powered-lift operators to use Copter Procedures as defined in part 97 if the aircraft has been type-certificated and equipped to utilize those procedures. That capability will be identified in the limitations section of the aircraft flight manual along with any other specific limitations and procedures necessary for safe operation of the aircraft. For purposes of maintenance, preventive maintenance, rebuilding, and alteration, the FAA proposes to apply the current requirements under part 43, with only two modifications. First, the FAA proposes to apply the preventive maintenance requirements available to certificate holders operating rotorcraft under part 135 in remote areas, to certificate holders operating powered-lift under part 135 in remote areas. If approved by the Administrator, a certificate holder operating powered lift under part 135 would be permitted to allow a pilot who has completed training to perform certain specific preventive maintenance items. 6 Second, the FAA proposes that in lieu of complying with § 43.15(b), each person performing an inspection required by part 91 on a powered-lift, must inspect “critical parts” in accordance with the maintenance manual or Instruction for Continuous Airworthiness, or as otherwise approved by the Administrator. The FAA proposes that “critical part” have the same meaning as provided in §§ 27.602 and 29.602. 6 The pilot must complete training under an approved training program. 14 CFR 43.3(h)(2). The operational requirements for powered-lift are discussed in more detail in section VI of this preamble. D. International Operation of Powered-Lift In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) to the maximum extent practicable. The FAA proposes to amend part 61 to require powered-lift pilots to have a type rating, which meets the standards outlined in ICAO Annex 1, Personnel Licensing. Under parts 91 and 135, the FAA requires U.S. operators to comply with ICAO Annex 2, Rules of the Air. ICAO Annex 8, Airworthiness of Aircraft, is silent on powered-lift; however, the FAA designates powered-lift as special class aircraft for type certification in accordance with § 21.17(b) and applies airworthiness criteria that meet an equivalent level of safety to the FAA's existing airworthiness standards and are consistent with the intent of ICAO Annex 8 to the Chicago Convention. Accordingly, U.S. operators of powered-lift that are type-certificated with a standard airworthiness certificate and conduct their operations in accordance with the standards outlined in Annex 2 would be eligible to operate over the high seas. The requirements for the international operation of powered-lift are discussed in more detail in section VIII of this preamble. E. Summary of the Costs and Benefits Operations with powered-lift are anticipated to offer benefits over traditional airplanes and rotorcraft. A report published by the U.S. Government Accountability Office (GAO) stated that many of these newer category of aircraft could be easier to design, simpler to construct, less complicated to maneuver, quieter to fly, and more economical to operate compared to traditional aircraft. 7 Many use cases for these aircraft are envisioned, and this rulemaking is a step toward those use cases coming to realization. 7 Transforming Aviation: Stakeholders Identified Issues to Address for `Advanced Air Mobility' | U.S. GAO. While operators choosing to conduct operations with powered-lift would incur costs to comply with regulations proposed in this NPRM, these costs would be on a scale equivalent to those incurred by operators choosing to conduct operations with airplanes or rotorcraft under similar regulations. Likewise, costs imposed on individuals that choose to accomplish the required training and testing required to hold an airman certificate with a type rating in the powered-lift category would be on a scale equivalent to those incurred by individuals accomplishing training and testing to hold an airman certificate with a type rating in the airplane or rotorcraft category. In other words, the costs imposed on operators and individuals that choose to comply with regulations proposed by this rule would be no more burdensome than the costs incurred by entities and individuals complying with corresponding airplane and rotorcraft regulations that are already in effect. However, to address the significant operational differences between each powered-lift, the FAA is proposing to require the PIC of a powered-lift to hold a type rating for the aircraft. The FAA has determined that requiring persons to hold type ratings for powered-lift would establish the appropriate level of safety, greater than would be established by only holding a powered-lift category rating, by ensuring persons receive adequate training and are tested on the unique design and operating characteristics of each powered-lift. 8 8 Official FAA forecasts related to the operation of powered-lift in the NAS have yet to be developed. Thus, a forecast for the number of pilots expected to conduct operations under part 135 or 91 was prepared solely to estimate costs imposed by this proposed SFAR. These costs include adding a type rating for powered-lift to an airman certificate. At this time, forecasts do not include an estimate for individuals seeking to operate powered-lift for personal use. Forecasts were developed using publicly available data related to orders and options for powered-lift. The proposals in this NPRM can generally be grouped by those rules affecting airman certification and those rules enabling powered-lift to conduct operations under parts 91, 97, 135, and 136. For certification of airmen with a type rating in powered-lift, the FAA proposes alternative aeronautical experience and logging requirements. For the operational rules, the FAA proposes to apply specific airplane, rotorcraft, or helicopter rules to powered-lift, as appropriate. The FAA performed an analysis of each proposal in this NPRM and its impact. An overview of this analysis is included in the Regulatory Evaluation portion of this preamble. A regulatory impact analysis has also been prepared for this NPRM and can be found in the docket for this proposed rule. The following table presents a summary of the primary estimates of the quantified costs of this rule, as well as estimates for a pessimistic and optimistic scenario. This analysis provides a range of costs from low to high based on these scenarios. The FAA considers the primary estimate of costs to be the base scenario. For the primary estimate, over a 10-year period of analysis this rule would result in present value costs of about $30.5 million at a three percent discount rate with annualized net costs of about $3.6 million. At a seven percent discount rate, the present value net costs are about $24.1 million with annualized net costs of $3.4 million. Additional details are provided in the Regulatory Evaluation section of this proposed rule and in the Regulatory Impact Analysis available in the docket for this rulemaking. Table 1—Quantified Costs of NPRM [Millions $] * Forecast scenario 10-Year present value (3%) Annualized (3%) 10-Year present value (7%) Annualized (7%) Base—Primary Estimate $30.5 $3.6 $24.1 $3.4 Pessimistic 27.4 3.2 21.0 3.0 Optimistic 33.7 4.0 27.3 3.9 Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent discount rates per Office of Management and Budget (OMB) guidance. F. SFAR Framework and Duration The NPRM will enable powered-lift operations on a temporary basis and provide the FAA an opportunity to assess the operations and establish a comprehensive regulatory scheme. In the past, when the FAA has found that it lacks sufficient experience regarding new operations, the use of an SFAR has been an effective way to gain such experience while enabling some degree of limited operations. Such SFARs have typically temporarily enacted conservative safety approaches to enabling operations, allowing both the FAA and industry to observe those operations and then subsequently make safety improvements in a later permanent change to the regulations. An example of this approach exists within the FAA's SFAR No. 29, which dealt with instrument helicopter operations. In considering this approach, the FAA recognizes that several limited permanent changes will need to be made to various regulations to enable a more comprehensive SFAR covering powered-lift. This NPRM proposes both limited permanent changes and an SFAR to facilitate powered-lift operations and permit the FAA to gather data and better understand what a comprehensive permanent regulatory framework should look like. Because the SFAR will affect several parts of 14 CFR, the FAA has determined that the most clear and comprehensive regulatory approach is through the creation of a new part to wholly contain the proposed SFAR. Specifically, the FAA proposes to add a new part 194, titled “Special Federal Aviation Regulation No. 120—Powered Lift: Pilot Certification and Training; Operations Requirements,” to 14 CFR under new subchapter L, titled “Other Special Federal Aviation Regulations.” New part 194 would utilize the traditional regulatory structure to supplement existing rules, create temporary alternatives for airman certification, remove operational barriers, and mitigate safety risks for powered-lift. As a result, requisite applicability revisions are proposed to parts 43, 60, 61, 91, 97, 111, 135, 136, 141, and 142 to clearly communicate that current regulations are intended to operate in tandem with proposed part 194, as subsequently discussed in this preamble. The FAA considers this approach to be consistent with previous rulemakings where, at initial inception, rotorcraft and helicopter regulations had similar requirements to the airplane rules. Helicopters were given relief or granted other minimums unique to their operation after an evaluation period provided by an SFAR. The FAA is proposing that the SFAR be in effect for ten years after finalization of this proposed rulemaking. In selecting ten years as the appropriate duration for this SFAR, the FAA considered a number of factors including the time it will take to initiate operations after the adoption of this notice of proposed rulemaking (NPRM) as a final rule, considering the type certification status of the powered-lift that are commercially viable. After operators initiate commercially viable operations, the FAA also considered the appropriate length of time to collect operational data, and then complete a subsequent rulemaking to implement permanent amendments. II. Authority for This Proposed Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the FAA's authority. The FAA is issuing this proposal under the authority described in Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and Subpart iii, Section 44701, General Requirements; Section 44702, Issuance of Certificates; Section 44703, Airman Certificates; Section 44704, Type Certificates, Production Certificates, Airworthiness Certificates, and Design and Production Organization Certificates; Section 44705, Air Carrier Operating Certificates; and Section 44707, Examination and Rating of Air Agencies. Under these sections, the FAA prescribes regulations and minimum standards for practices, methods, and procedures necessary for safety in air commerce, including the authority to examine and rate civil schools and prescribe regulations to ensure the competency of instructors. The FAA is also authorized under these sections to issue certificates, including airman certificates, type certificates, and air carrier operating certificates, in the interest of safety. This rulemaking is also proposed under the authority described in Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter conditions. These sections direct the Administrator to prescribe regulations to govern the use of emergency locator transmitters and collision avoidance systems, the standards for inspecting and performing maintenance on aircraft, and regulations to control aircraft noise and safety risks related to winter conditions, respectively. This proposed rulemaking is issued under the authority described in each of the previously discussed sections of Title 49 of the United States Code. III. Background A. General Powered-lift are unique in their ability to take off and land vertically like helicopters, and fly like an airplane during cruise flight. They can operate in different flight regimes utilizing features of helicopters or airplanes or both. The flight controls for such aircraft are also often unique to the individual aircraft design and can incorporate both traditional helicopter and airplane controls, or control systems that are dissimilar to either helicopters or airplanes. Likewise, the flight characteristics for powered-lift vary depending on the aircraft design and the different modes in which they operate. The FAA began to contemplate the integration of powered-lift into the regulations in the 1990s. Specifically, in 1995, the FAA published an NPRM titled “Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules.” 9 The NPRM was drafted in anticipation of industry developing powered-lift to subsequently enter the civilian market. The FAA noted that powered-lift would require new pilot skills and abilities because the aircraft have VTOL capabilities but fly like airplanes at higher altitudes and airspeeds. 9 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certificate Rules; NPRM, 60 FR 41160, 41165 (Aug. 11, 1995). At that time, the FAA considered various approaches to pilot certification for powered-lift, including whether powered-lift should be a separate aircraft category or whether a powered-lift class rating should be created within the rotorcraft category. The FAA also considered powered-lift class ratings, such as tilt-rotor, tilt-wing, ducted fan, and vectored thrust; and whether to require a type rating for every make and model of powered-lift. Ultimately, the FAA proposed adding a new powered-lift airman certification category of aircraft without associated class or type ratings. 10 10 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, NPRM 60 FR 41160, 41165 (Aug. 11, 1995). Some commenters objected, stating that a proposal to add powered-lift as an aircraft category was premature because there were no powered-lift on the market and no evidence that powered-lift would find applications in the civil marketplace. Commenters also noted that the FAA was not proposing operating rules to accompany the pilot certification standards. The FAA published the final rule on April 4, 1997, 11 and introduced the powered-lift category into the airmen certification rules and various other parts of the regulations. In response to commenter concerns, the FAA reasoned that the regulations were necessary because the existing pilot certification standards did not adequately reflect the powered-lift certification requirements and were not drafted with the intent of certificating powered-lift pilots. 12 The FAA emphasized that its regulations must evolve to accommodate advancements in aviation technology and considered the introduction of powered-lift as an aircraft category to be a necessary first step in building a regulatory framework for powered-lift. 11 Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Final Rule, 62 FR 16220, 16231 (Apr. 4, 1997). 12 Id. Following the publication of the final rule, the FAA intended to update the operating rules. However, operational rulemaking initiatives never came to fruition because the market evolved differently than the FAA had envisioned and powered-lift did not enter the civilian market as quickly as the FAA anticipated. The FAA notes that in the years since the pilot certification rules were revised to include powered-lift in 1997, industry has developed new aircraft varying widely in complexity of operation. The powered-lift currently undergoing the type certification process are comparatively more sophisticated than the simple and uniform models of powered-lift proposed in the 1990s. Currently, the FAA has several powered-lift in the type certification process. The powered-lift coming to the civilian market have varied greatly in design, flight, and handling characteristics with varying degrees of automation, more so than what was originally anticipated when applicants initially sought certification of powered-lift. While none of the powered-lift for which type certification is being sought have yet been approved for civilian use, the powered-lift industry has identified many potential uses for these aircraft. The FAA anticipates the introduction of aircraft that vary in size and passenger seating configuration and employ both new and traditional kinds of propulsion systems into the civilian market. The initial expected entrant is the manufacturer of a four-passenger powered-lift with a maximum gross takeoff weight of 4,800 lbs., which is progressing through the FAA's type certification process. 13 This manufacturer proposed a powered-lift using six tilting electric engines with 5-blade propellers attached to a conventional wing and V-tail. The powered-lift has the characteristics of both a helicopter and an airplane and is intended to be used for operations under parts 91 and 135, with a single pilot onboard, under visual flight rules. 13 87 FR 67399 (Nov. 8, 2022). The FAA has previously described powered-lift as useful for civil applications, as these aircraft have “vertical take-off and landing and hovering capability like helicopters,” and are able to cruise and “fly at higher airspeeds like airplanes.” 14 This airspeed differentiation could result from aircraft configuration changes such as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift engines; or other means. 14 60 FR 41165. Manufacturers and initial operators of powered-lift indicate operations with powered-lift could offer many benefits over rotorcraft. For example, some powered-lift are capable of transporting heavier loads at higher altitudes and faster cruise speeds than rotorcraft. Such capability may increase efficiency in transporting crew and material to remote locations such as off-shore oil rigs and add diversity when considering landing points available that are currently available to helicopters and not airplanes. Certificate holders seeking to take advantage of these capabilities may also seek to use powered-lift for transporting passengers from point-to-point; for example, such transportation could occur from a heliport and proceed at turboprop airspeeds and ranges. Other opportunities may also exist in concentrated urban environments, where short point-to-point distances coupled with vertical capability may allow for more efficient transportation of passengers than existing ground transportation methods. B. Related Rulemakings The FAA is engaging in a multi-step process of updating the regulations that apply to powered-lift that traditionally have not operated in air carrier and commercial operations. On December 7, 2022, the FAA published the Update to Air Carrier Definitions NPRM. 15 As it pertains to this NPRM, the Update to Air Carrier Definitions NPRM proposed to amend the regulatory definitions in part 110, General Requirements, to add powered-lift to the definitions of “commuter operation” and “on-demand operation.” The definitions in part 110 apply to all operations under 14 CFR chapter I, subchapter G, which includes parts 119 and 135. 16 In accordance with § 119.21, all commuter and on-demand operations must be conducted in accordance with part 135. 17 Accordingly, powered-lift must be added to the definitions of commuter operation and on-demand operation before powered-lift may be operated under part 135. For both definitions, the FAA proposed that powered-lift be added consistent with the existing requirements for airplane. As a result, all the part 135 proposals in this NPRM are based on an underlying premise that powered-lift is included in the definitions of commuter operation and on-demand operation. These proposals include the pilot certification proposals based on completion of a part 135 training curriculum, the part 135 training and qualification proposals, and the part 135 operational rule proposals. The FAA will reconcile this proposal with the Update to Air Carrier Definitions final rule as appropriate. 15 RIN 2120-AL80, 87 FR 74995. 16 See 14 CFR 110.1 and 110.2. 17 See 14 CFR 119.21(a)(4) and (5). Additionally, on December 12, 2022, the FAA published the “Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference” (ACS IBR) NPRM. 18 As it pertains to this NPRM, the ACS IBR NPRM proposed to revise certain part 61 regulations to incorporate the Airman Certification Standards (ACS) by reference into the requirements for powered-lift pilot and flight instructor certification. The ACSs establish the standard for what an applicant must know, consider, and do to demonstrate proficiency to pass the practical tests required for issuance of the applicable airman certificate or rating. Specifically, for powered-lift, the ACS IBR NPRM proposed to incorporate by reference the ACSs for the following: Airline Transport Pilot and Type Rating for Powered-Lift Category, Commercial Pilot for Powered-Lift Category, Private Pilot for Powered-Lift Category, Instrument Rating-Powered-Lift, Flight Instructor for Powered-Lift Category, and Flight Instructor Instrument Powered-Lift. Several proposals in this NPRM are based on the proposed incorporation of the powered-lift ACSs. Therefore, throughout the remainder of this NPRM, the FAA presumes that the powered-lift ACSs are incorporated by reference as proposed. The FAA will reconcile this proposal with the ACS IBR final rule as appropriate. 18 87 FR 75955. C. Part 1 Considerations The FAA first notes that throughout this preamble and proposed regulatory text, the FAA utilizes certain terms that are defined in 14 CFR part 1. Currently, part 1 applies only to subchapters A through L of 14 CFR chapter I. In 1966, 14 CFR part 1 was originally limited in scope to apply to Federal Aviation Regulations ( i.e., subchapters A through L) specifically because the agency codified certain subchapters in chapter I that were unrelated to aviation safety rules 19 at that time. 20 As discussed in this preamble, the FAA proposes to add subchapter L, which will contain the proposed SFAR in new part 194 ( i.e., aviation safety rules). To apply the definitions as set forth in part 1 to proposed subchapter L, and given the relocation or deletion of certain non-aviation safety related regulations within chapter I, the FAA proposes to expand applicability of part 1 to apply to the entirety of 14 CFR chapter I. 21 This expansion would be effectuated through revisions to the introductory text of §§ 1.1, 1.2, and 1.3(a). 19 For example, employee conduct was regulated through chapter I, subchapter O. 20 Limitation of Applicability to “Federal Aviation Regulations,” Final Rule, 31 FR 5054 (Mar. 29, 1966). 21 Applicability of part 1 would also expand to subchapter N (part 198, pertaining to aviation insurance), however, the FAA does not foresee substantive changes as a result. IV. Powered-Lift Type Certification and FSTD Qualification A. Type Certification The FAA is not proposing to establish any new requirements for the type certification of powered-lift, nor is it proposing to revise existing type certification requirements. The FAA has determined that existing aircraft certification regulations are appropriate to type certificate powered-lift. The FAA's rules for designating the applicable regulations for type-certificated products are in 14 CFR 21.17. Most products that have existing airworthiness standards (airplanes, rotorcraft, balloons, engines, and propellers) are type certificated in accordance with § 21.17(a). In general, the requirements for airplane type certification are in part 23 or 25, and rotorcraft are in part 27 or 29. The FAA utilizes a tiered level of safety for the minimum certification standards for airplanes and rotorcraft and has established applicability standards to determine which minimum standard may be used for the certification of a particular aircraft. Part 23 provides the minimum certification standards for normal category airplanes, applicable to airplanes that have a passenger seating configuration of 19 or less and a maximum certificated takeoff weight of 19,000 pounds or less. Part 25 provides the minimum certification standards for transport category airplanes, applicable to airplanes that have a passenger seating configuration of 20 or more or a maximum certificated takeoff weight of greater than 19,000 pounds. Part 27 provides the minimum certification standards for normal category rotorcraft, applicable to rotorcraft that have a passenger seating configuration of 9 or less and a maximum weight of 7,000 pounds or less. Part 29 provides the minimum certification basis for transport category rotorcraft, applicable to rotorcraft with a passenger seating configuration of 10 or more or a maximum weight of more than 7,000 pounds. An applicant seeking to certificate a normal category airplane or rotorcraft under part 23 or 27, respectively, can request to use the higher certification standards of part 25 or 29 for such aircraft. For aircraft for which the FAA has not established airworthiness standards under subchapter C of chapter I of 14 CFR ( e.g., gliders, airships, powered-lift, very light airplanes), the FAA uses the special class aircraft process in § 21.17(b). The special class process was created to address the novel features of unique and nonconventional aircraft without the need for additional processes such as special conditions or exemptions that would be required if the FAA used the airworthiness standards in place under existing parts of title 14. 22 Using the special class process, the FAA designates airworthiness requirements as the certification basis for each aircraft design, including its engines and propellers. 23 The FAA may designate appropriate and applicable airworthiness requirements from the existing airworthiness standards in parts 23, 25, 27, 29, 33, and 35, and it may also include unique airworthiness criteria developed specifically for the individual product, that provide an equivalent level of safety to existing standards. 24 The FAA has not yet established powered-lift airworthiness standards in subchapter C of chapter I of 14 CFR. Therefore, the FAA has determined that powered-lift will be type-certificated as a special class aircraft. 22 For products type certificated in accordance with § 21.17(a), the FAA may issue special conditions when it determines that existing airworthiness regulations do not provide adequate or appropriate safety standards because of a novel or unusual design feature of the product. Special conditions are issued in accordance with 14 CFR part 11 and contain such safety standards for the product as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. The FAA may grant an exemption from the requirements of a regulation when an applicant petitions for relief under 14 CFR part 11. 23 Applicants of special class aircraft who propose engine and/or propeller designs with their aircraft will have the engine and propeller approved with the aircraft type certificate. This would result in a certification basis that includes criteria for the aircraft, engine, and/or propeller. Alternatively, applicants seeking certification for special class aircraft may propose the installation of engines and/or propellers that have been issued their own type certificate, which would result in a certification basis with criteria for only the aircraft. The engine and propeller would be type certificated under parts 33 and 35, respectively. 24 For certain special classes of aircraft, the FAA has designated airworthiness criteria in an advisory circular (AC): AC 21.17-1A for airships, AC 21.17-2A for gliders, and AC 21.17-3 for very light airplanes (VLA). Currently, the FAA expects to issue airworthiness criteria for powered-lift, specific to the particular applicant. Although the FAA is not publishing an AC for powered-lift airworthiness criteria with this proposed rulemaking, the agency may publish powered-lift airworthiness standards through a future AC or rulemaking. To type-certificate powered-lift as a special class aircraft, the FAA must designate airworthiness requirements as the certification basis for that aircraft, which provide an equivalent level of safety to existing airworthiness standards. When conducting the evaluation for determining an equivalent level of safety, the FAA will consider characteristics of the particular aircraft such as the aircraft size, seating capacity, and performance, among other things, in comparison to the capabilities of aircraft type-certificated under the existing airworthiness standards for airplanes and rotorcraft. When establishing the certification basis for a specific powered-lift project, the FAA will publish the proposed airworthiness criteria, including an explanation of its equivalency determination, in the Federal Register for public notice and comment. 25 25 E.g., see: Airworthiness Criteria: Special Class Airworthiness Criteria for the Joby Aero, Inc. JAS4-1 Powered-Lift, 87 FR 67399 (Nov. 8, 2022). In certain instances, specific airworthiness or aircraft equipage requirements for the issuance of a type certificate may not be sufficient to meet the requirements of a particular operating rule or operation. Applicants seeking type design approval for powered-lift should identify areas where additional approvals are required to support the anticipated operational use of the aircraft to avoid having to obtain a subsequent type design change approval. In the case where an approved aircraft type-design does not include the required approvals or aircraft equipage needed for a specific operation or operating rule, then a type design change may be required to enable the use of that aircraft. In certain cases, the operational rules in parts 91 and 135 cite specific airworthiness standards from the certification rules in part 23, 25, 27 or 29. When an airworthiness standard is referenced in a particular operating rule, those specific standards listed may or may not be used in their entirety due to some of the designs unique to each particular aircraft. When a particular airworthiness certification standard is referenced, but it is not practical to use that standard in its entirety due to the design of the powered-lift, then to maintain an equivalent level of safety, the FAA will determine which existing airworthiness standards apply, or if another standard must be created. For example, §§ 91.609 and 135.152, the regulations requiring flight data recorders (FDR), both point to specific airworthiness standards found within part 23, 25, 27, or 29. In this case, the FAA will review the requirements contained within parts 23, 25, 27, and 29 and determine which standard or set of standards would apply, or if the FAA needs to create a new standard to ensure the data captured achieves an equivalent level of safety in these novel aircraft designs. In an additional example, certain powered-lift type-certificate applicants may want their aircraft to have the capability to use Copter Procedures under part 97, which would require the aircraft to have specific equipage and stability capabilities equivalent to either appendix B to part 27 or 29 as part of the type-certification approval. The identified standards in each of the examples would be included in the aircraft's certification basis. Throughout this preamble and the SFAR, the FAA applies certain operating regulations to large powered-lift that currently apply to large transport category airplanes. The FAA evaluated the weight parameters for both transport category airplanes and transport category rotorcraft and determined that the weight limit for large aircraft, which is 12,500 pounds (lbs.) and falls between the airplane (19,500 lbs.) and rotorcraft (7,500 lbs.) transport category weight limits, would be an appropriate weight at which to apply airplane transport category standards to powered-lift. This approach is consistent with the agency's approach to type certification of powered-lift under § 21.17(b), in that the agency has previously identified 12,500 lbs. as an appropriate weight at which to apply certain transport category certification standards from part 25, even though the powered-lift may weigh less than 19,500 lbs. Accordingly, small powered-lift, weighing less than 12,500 lbs., would not be subject to transport category standards except in one instance in subpart I of part 135 (§ 135.397(b)), where a small powered-lift with more than 19 seats would be subject to certain airplane performance operating limitations. The FAA invites comment on whether the public believes there is a more appropriate weight at which to apply transport category airplane regulations to powered-lift. B. Noise Considerations The FAA is statutorily required to protect the public from aircraft noise by adopting noise standards and operating regulations as necessary. Noise certification regulations are contained in 14 CFR part 36 for jet airplanes, small airplanes, rotorcraft and tiltrotors. Given recent technological advancement regarding fabrication of small and powerful electric motors, actuators, and advance control system technologies, manufacturers have started to apply these technologies in the design and development of highly individualized and novel aircraft that are significantly different from the legacy conventional aircraft categories defined in the current noise certification standards of part 36. Such anticipated new entrant aircraft are expected to offer capabilities that range from a single-pilot recreational all-electric VTOL aircraft to piloted, powered-lift, multi passenger air taxis. Rather than use the existing requirements for small propeller airplanes, jet transport airplanes, helicopters, or tiltrotors in part 36, such diverse conceptual designs may require noise certification requirements that are tailored to these new aircraft types. The FAA will examine each application and determine whether existing part 36 requirements are appropriate as a noise certification basis, as it does for all noise certification applicants. If the current regulations cannot be applied appropriately, the FAA may promulgate a rule of particular applicability to establish a noise certification basis for a new aircraft design. The dynamic noise sources from these aircraft have been shown to be complex, and the FAA does not yet have much data on the aircraft types and noise signatures expected from these new entrants. Accordingly, until sufficient data are collected, the FAA would not be able to promulgate standards of general applicability for these aircraft. The FAA invites comment on whether any manufacturer anticipates undergoing noise certification as a turbojet-powered-lift as required in accordance with part 36. If a turbojet-powered-lift certification applicant begins the noise certification process, the FAA would propose to amend the SFAR to include the operating noise limits in subpart I of part 91 as applicable to turbojet-powered-lift. The FAA also seeks comment on this approach to the noise certification of turbojet-powered-lift. C. Qualification of Powered-Lift Flight Simulation Training Devices (FSTD) Part 60 prescribes the rules governing the initial and continuing qualification of all aircraft Flight Simulation Training Devices (FSTDs), which includes full flight simulators (FFSs) and flight training devices (FTDs) 26 used to meet the training, evaluation, or flight experience requirements for flightcrew member certification or qualification. These rules apply to each person using or applying to use an FSTD to meet any requirement in 14 CFR chapter I, including in parts 61, 91, 135, 141, and 142. 27 As specified in § 60.11(b), no person may use nor allow the use of an FSTD for flightcrew member training or evaluation, or for obtaining flight experience, unless the FSTD is qualified under part 60. 28 In accordance with § 60.15, the FAA qualifies each FSTD at a specific level if that FSTD meets the applicable Qualification Performance Standards (QPS). 29 The QPS are published in the following appendices to part 60: A for airplane FFSs, B for airplane FTDs, C for helicopter FFSs, D for helicopter FTDs, E for the quality management system for all FSTDs, and F for definitions and abbreviations applicable to part 60. While appendices E and F will apply to powered-lift FSTDs, the FAA has not yet established the QPS for powered-lift FSTDs. 26 See 14 CFR 1.1, which defines for FFSs and FTDs. 27 14 CFR 60.1. 28 14 CFR 60.11 specifies additional requirements that must be met for FSTD use. 29 FFSs are qualified as levels A through D; FTDs are qualified as levels 4 through 7. In recent years, rapid technological advancements in powered-lift have progressed across the industry, particularly with electric vertical takeoff and landing (eVTOL) aircraft. Many powered-lift are in various stages of development with many different unique designs and operating characteristics. Due to the wide variation of powered-lift and rapid pace of development, the FAA has determined that developing a new FSTD standard for powered-lift aircraft within the part 60 QPS framework would be premature, as any new FSTD standard may quickly become obsolete or inapplicable. As previously discussed, one intention of the SFAR is to inform the FAA of sufficient operational data of emerging powered-lift to establish future permanent regulations, including that information required to develop a powered-lift FSTD QPS. The FAA recognizes, however, that powered-lift FSTDs are currently in development and emphasizes the need to evaluate powered-lift FSTD fidelity and capability, much like airplane and helicopter FSTDs are evaluated. 30 Therefore, to enable the qualification of FSTDs for use in pilot training for powered-lift aircraft, the FAA is proposing to add flexibility to part 60 in proposed § 194.105 to permit qualification of FSTDs of powered-lift using components of existing standards for airplanes and helicopters in appendices A through D to part 60, where applicable, as determined by the FAA, that would provide an equivalent level of safety to existing QPS components. 30 The FAA has long recognized the safety advantages of flight training in FSTD. In many cases, flight simulators have proven to provide more in-depth training than can be accomplished in the aircraft. In particular, flight simulators allow training for emergency situations, such as fire, total loss of thrust, and systems failures that cannot be safely conducted in flight. See 61 FR 34508 (July 2, 1996). While many of the existing FSTD qualification standards in the part 60 QPS may be applicable for evaluation of FSTDs representing powered-lift ( e.g., general flight deck configuration requirements), due to the unique characteristics of the many possible powered-lift designs and associated pilot training requirements, alternate testing and evaluation methods may be required to fully validate the characteristics of those FSTDs to support the required training ( e.g., transition modes from thrust-borne to wing-borne lift). In these instances where existing standards are not found to be sufficient to fully evaluate an FSTD for a special class of aircraft, other FSTD qualification standards as proposed by the FSTD sponsor may be accepted by the Administrator as providing an equivalent level of safety. When establishing the qualification basis, the FAA will publish the proposed standard in the Federal Register for public notice and comment, including an explanation of the FAA's safety determination. The ability to qualify an FSTD for powered-lift in this manner, as well as the notice and comment process, would closely follow the established process used to certify special classes of aircraft as described in § 21.17(b). While deviation authority currently exists in § 60.15(c)(5) for the initial qualification of FSTDs using alternate FSTD standards, the scope of the deviation authority does not extend to the qualification of FSTDs representing new categories of aircraft such as powered-lift. The FAA added deviation authority to § 60.15(c)(5), to deviate from the technical requirements in the part 60 QPS applicable to airplane and helicopter FFSs and FTDs. 31 Therefore, deviations issued in accordance with § 60.15(c)(5) may apply only to FSTD qualification where standards currently exist in the QPS of part 60 (currently airplanes or helicopters). 31 81 FR 18205. Additionally, § 60.15(c)(5)(ii) states that deviation may only be considered from minimum requirements tables, objectives testing tables, functions and subjective testing tables, and other supporting tables and requirements in the part 60 QPS in appendices A through D. The FAA recognizes that, there are current FSTD qualification projects in process with the FAA through deviation authority found in part 60. Additionally, a small number of sponsors and manufacturers have applied for and obtained deviation for powered-lift FSTDs. The FAA notes that, while these persons have been granted deviations, there are currently no qualified powered-lift FSTDs as an outgrowth of these deviations because the powered-lift represented by the FSTD are not yet type-certificated, which is a contingency of deviation. The FAA will collaborate with these sponsors and manufacturers, as well as those with qualification projects in process, to accommodate an efficient transition to this new framework that does not result in a qualification gap. Additionally, due to the high level of interest in the advancement of Advanced Air Mobility (AAM) aircraft, the FAA is aware of several international working groups, including consensus standards organizations that are in various stages of developing FSTD standards for powered-lift. While there are no such consensus standards currently published for use in FSTD qualification, the FAA anticipates forthcoming published standards. The FAA notes that these consensus standards may be considered during the qualification of powered-lift FSTDs under this part. However, the FAA declines to include them as a compulsory basis for qualification given the current lack of consensus standards to evaluate against a permanent QPS for powered-lift. V. Certification of Powered-Lift Pilots A. Establish a Type Rating Requirement for Persons Seeking To Act as PIC of Powered-Lift Part 61 prescribes the requirements for issuing pilot and flight instructor certificates and ratings, the conditions under which those certificates and ratings are necessary, and the privileges and limitations of those certificates and ratings. 32 Pursuant to part 61, the FAA issues six levels of pilot certificates: student, sport, recreational, private, commercial, and ATP. 33 The FAA also issues category, class, and type ratings on the pilot certificate. To act as PIC of any aircraft, a person must hold the category, class, and type rating (if class and type rating are applicable) on their pilot certificate. 34 To obtain certificates and ratings, an applicant must meet aeronautical experience requirements and successfully complete a practical test in an aircraft appropriate to the rating(s) sought. 35 32 14 CFR 61.1(a)(1). 33 14 CFR 61.5(a)(1). 34 14 CFR 61.31(d). 35 For most pilot certificates, applicants also must receive training or complete home study on aeronautical knowledge areas and pass a knowledge test. For the purpose of airmen ratings, “category” is defined as a broad classification of aircraft ( e.g., airplane, rotorcraft, powered-lift), and “class” is defined as a group of aircraft within a category that have similar operating characteristics ( e.g., single engine, multiengine, helicopter). 36 In 1997, the FAA established a powered-lift category rating in part 61 for the private pilot through ATP certificates, as well as for the flight instructor certificate in anticipation of further developments in aviation technology. 37 At the time of that rulemaking, the FAA determined that it was not feasible to establish class ratings within the powered-lift category. 38 The FAA considered whether powered-lift should include class ratings and type ratings but ultimately decided not to create powered-lift classes or require type ratings for powered-lift beyond the type rating requirements set forth in § 61.31(a) ( i.e., large aircraft or as specified by the Administrator under aircraft type certificate procedures). 39 The FAA concluded that safety needs were met by establishing a separate aircraft category only, and requiring a type rating for every make and model of powered-lift might discourage the development of smaller powered-lift intended for general aviation. 40 36 14 CFR 1.1. 37 Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Final Rule, 62 FR 16220 at 16231 (Apr. 4, 1997). 38 Flight Instructor, Ground Instructor, and Pilot School Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995). 39 Id. 40 Id. In light of powered-lift coming to market, the FAA has reconsidered whether a type rating should be required for each type 41 of powered-lift. This section discusses the current type rating requirements of § 61.31(a), the challenges with the current regulatory framework in part 61 for powered-lift, and the FAA's proposal to require the PIC of a powered-lift to hold a type rating on their pilot certificate. 41 The FAA defines type in § 1.1 to mean, in pertinent part, a specific make and basic model of aircraft, including modifications thereto that do not change its handling or flight characteristics and, as used with respect to the certification of aircraft, means those aircraft which are similar in design. Section 61.31(a) prescribes when a person must hold a type rating. Currently, to act as PIC of a large aircraft 42 (except lighter-than-air) or a turbojet-powered airplane, a person must hold a type rating for the aircraft on their pilot certificate. Additionally, a person must hold a type rating on their pilot certificate for other aircraft specified by the Administrator through the aircraft type certificate procedures. 43 To obtain a type rating, a person must receive aircraft-specific training and pass a practical test in the aircraft for the type rating sought. 44 42 Section 1.1 defines “large aircraft” as “aircraft of more than 12,500 pounds, maximum certificated takeoff weight.” 43 Aircraft type certification regulations are found in 14 CFR part 21. As discussed in section V.H.1 of this preamble, FSBs are established when the responsible FAA Aircraft Certification Office issues a Type Certificate for large aircraft, turbojet powered airplanes, and other aircraft specified by the Administrator through the aircraft certification process. Powered-lift will be evaluated under the existing FSB process, which will determine the requirements for a pilot type rating and develop training objectives for the type rating. 44 14 CFR 61.63(d), 61.157(b). Initially, the FAA required type ratings only for large aircraft when passengers were carried onboard or when the large aircraft was operated for compensation or hire, and for helicopters that were operated by ATPs. 45 However, in 1965, the FAA expanded the aircraft for which it required a person to hold a type rating to all large aircraft and small turbojet-powered airplanes. 46 The FAA explained that the speed, complexity, and operating characteristics of large aircraft require the PIC to demonstrate their ability to operate the large aircraft regardless of the type of activity in which the aircraft is engaged. 47 For small, turbojet-powered airplanes, the FAA explained that the performance, environment, and operating characteristics of those airplanes are very similar to those of large turbojet-powered airplanes. 48 The FAA determined that, because turbojet-powered airplanes are so refined that improper or inept handling is likely to be immediately critical, a person must demonstrate their competency to operate those airplanes by obtaining a type rating for the particular type of airplane involved. 49 45 In 1964, 14 CFR 61.15(d) stated that, in addition to category and class ratings, the name of each type of large aircraft for which a pilot is rated is placed on the person's certificate if that type of aircraft is certificated by the Administrator for civil operations, and, in the case of ATPs, a helicopter type rating is issued for each type of helicopter. In 1964, 14 CFR 61.159 stated that for ATP aircraft ratings, the category and class of aircraft and type, if it is a helicopter or large aircraft, are placed on the person's certificate. 46 Pilot Rating Requirements, Final Rule, 30 FR 11903 (Sep. 17, 1965). 47 Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17, 1964). 48 Id. 49 Id. Currently, the FAA's regulatory framework in part 61 allows for the issuance of a powered-lift category rating on a pilot certificate. Industry has begun developing new powered-lift varying widely in design from the relatively simple and uniform models of powered-lift that the FAA anticipated in the 1990s. The powered-lift coming to the civilian market have complex and unique design, flight, and handling characteristics with varying degrees of automation. More specifically, powered-lift designs vary in unique configurations from tilt-wing, tilt-propeller, lift plus cruise, and tilt plus cruise aircraft. These new powered-lift designs are capable of VTOL operations and many are also capable of takeoff and landings using wing-borne lift. As a result, the flight deck designs require new flight controls, commonly referred to as inceptors. 50 These aircraft have unique flight and handling qualities that are managed with indirect flight controls, meaning movement of the inceptor does not directly correlate to the movement of a specific flight control surface. Because each powered-lift can have different configurations, unique inceptors, diversified flight controls, and complicated and distinctive operating characteristics, the FAA has determined that it is still not feasible to establish classes within the powered-lift category at this time. 50 For purposes of this preamble, the term “inceptor” refers to a wide variety of non-traditional pilot controls through which pilot inputs are managed for the purpose of operating the powered-lift. If the FAA were to generalize the training requirements based on classification of powered-lift, the training requirements would not sufficiently address the unique characteristics of each powered-lift that requires specific aircraft training and evaluation to determine pilot competency in flying the aircraft. To further underscore this need, similar to large aircraft and turbojet-powered airplanes, improper or inept handling of certain powered-lift is likely to be immediately critical. The kinds of operations envisioned for powered-lift include low altitude, dense urban environments, and congested airspace where there will be little room for error. Pilot knowledge and skill in operating powered-lift must be assessed and requiring a type rating most effectively accomplishes this safety objective. 51 Finally, to maintain consistency with international standards, ICAO requires that, in the absence of establishing powered-lift classes, a PIC of a powered-lift must hold a type rating for the aircraft flown. 52 51 The FAA considered proposing an endorsement for each type of powered-lift but determined that it would be insufficient to address pilot proficiency for purposes of initial qualification. Current endorsements as set forth in § 61.31 generally involve limited training on a specific capability ( e.g., high performance aircraft) and have no independent evaluation of the pilot's proficiency. 52 Annex 1, Section 2.1.3.2. Requiring persons to hold type ratings for powered-lift would establish an appropriate level of safety by ensuring persons receive adequate training and are tested on the unique design and operating characteristics of each powered-lift. Specifically, as discussed in section V.H of this preamble, an FSB is typically formed for aircraft that require a type rating. The FSB would evaluate each powered-lift on a case-by-case basis to determine whether the training recommended by the manufacturer would enable the pilot to safely operate the aircraft in the NAS. Additionally, the FSB would identify the unique characteristics of each powered-lift that require special training. Subsequently, these findings are utilized in conjunction with the appropriate powered-lift ACS to conduct training and practical tests for a type rating, ensuring that an applicant is knowledgeable and capable of safely operating the unique powered-lift type. Accordingly, the FAA proposes to revise § 61.31(a) by adding a new paragraph (a)(3), which would require a person who acts as PIC of a powered-lift to hold a type rating for the aircraft. The FAA also proposes to redesignate current § 61.31(a)(3), which requires a type rating for other aircraft specified by the Administrator through aircraft type certificate procedures, as new § 61.31(a)(4). The FAA proposes to make a conforming amendment to § 61.5, which sets forth the various certificates and ratings that may be issued under part 61. Specifically, § 61.5(b)(7) sets forth the aircraft type ratings that may be placed on a pilot certificate when the applicant satisfactorily accomplishes the training and certification requirements for the rating sought. These type ratings include the aircraft currently identified in § 61.31(a) as well as the SIC pilot type rating for aircraft that are type-certificated for operations with a minimum crew of at least two pilots. The FAA proposes to add a new paragraph (b)(7)(iii) to reflect the proposed aircraft type rating for a powered-lift and to redesignate current § 61.5(b)(7)(iii) as new § 61.5(b)(7)(iv). With respect to current § 61.5(b)(7)(iv), which allows for the issuance of a SIC pilot type rating, the FAA has determined that this provision does not belong under § 61.5(b)(7), which contains aircraft type ratings, because a pilot type rating subject to “SIC Privileges Only” is not an aircraft type rating. 53 To more accurately depict the SIC pilot type rating as a rating that is placed on a pilot certificate, the FAA proposes to relocate the provision that currently exists in § 61.5(b)(7)(iv) to new § 61.5(b)(9). 53 There is no practical test required for the issuance of the SIC pilot type rating. 14 CFR 61.55(e)(7). A pilot type rating subject to “SIC Privileges Only” is solely intended to allow persons who met the SIC requirements found in § 61.55 to operate in international airspace. Second-in-Command Pilot Type Rating, Final Rule, 70 FR 45264 (Aug. 4, 2005). See Legal Interpretation to Mr. Counsil (Apr. 13, 2012). In addition to the type-certificated powered-lift that will be coming to civil operations, the FAA already has issued special airworthiness certificates for experimental purposes in accordance with § 21.191 to several powered-lift and anticipates a continuing need to issue these special airworthiness certificates as more powered-lift are developed. 54 Because most of these aircraft do not have established type ratings, the proposed type rating requirement of § 61.31 would not apply. 55 In general, experimental aircraft are not subject to the same airworthiness standards as their counterparts holding standard airworthiness certificates. For instance, these aircraft are not required to satisfy many of the regulatory design, build, maintenance, and inspection requirements mandated for aircraft holding a standard airworthiness certificate. As a result of these differing standards, experimental aircraft are subject to certain operational requirements, including restrictions on the purpose of the operation, 56 a general prohibition on operating over densely populated areas unless otherwise authorized by the Administrator, 57 and other operating limitations assigned during the aircraft certification process to further mitigate risks associated with various hazards that may be introduced in experimental aircraft. 54 The FAA does not anticipate that part 141 pilot schools and part 142 training centers will have the capacity to provide training and testing for ratings and authorizations for each and every type of experimental powered-lift developed. This is particularly true for operators of experimental amateur-built powered-lift, amateur kit-built powered-lift, and exhibition powered-lift. Therefore, the FAA will maintain the current path to certification codified in part 61, which does not require training under an approved training program, for experimental powered-lift pilots at the private pilot level and above. See 14 CFR 61.109(e), 61.129(e), 61.163, and 61.187. 55 Section 61.31(l)(1) excludes all aircraft not type-certificated as airplanes, rotorcraft, gliders, lighter-than-air aircraft, powered-lifts, powered parachutes, or weight-shift-control aircraft from § 61.31 applicability. This provision is meant to create an exception for aircraft for which there is no established category or class rating ( e.g., hoverboards, jetpacks). The use of the term “type-certificated” could create confusion since not all aircraft that meet the regulatory definition of airplane or rotorcraft will be type certificated. Because this provision could be read as conflicting with more specific exceptions for experimental aircraft in § 61.31(l)(2), the FAA is proposing to clarify the intent of this exception by specifying that the section does not require a category and class rating for aircraft that are not identified under § 61.5(b). 56 See § 91.319(a)(1), which prohibits a person from operating an experimental aircraft for other than the purpose for which the certificate was issued. 57 See § 91.319(c), which generally prohibits experimental aircraft operations over densely populated areas or in congested airways, unless otherwise authorized by the Administrator. In accordance with § 91.319(i), the Administrator may prescribe additional operating limitations for experimental aircraft where necessary for safety. The FAA has employed the operating limitations issued with an experimental airworthiness certificate to require pilots to hold category and class ratings for all experimental aircraft and additional authorizations for certain experimental aircraft even when no passengers are carried on board. 58 As with experimental airplanes and experimental rotorcraft, the FAA will apply category ratings and other authorizations ( e.g., the authorization to act as PIC) through operating limitations for experimental powered-lift, as warranted. 58 The FAA provides guidance to its workforce in FAA Order 8130.2J, Appendix D, Table D-1, Operating Limitations on how to evaluate and apply operating limitations to experimental aircraft. Additionally, the FAA notes its use of certain terms throughout this preamble and the proposed SFAR pertaining to the operation of experimental powered-lift. To clearly delineate to whom the FAA is referring, the FAA proposes to define, in proposed § 194.103(b), the terms “manufacturer,” “instructor pilot,” and “test pilot.” First, the FAA proposes to define a manufacturer as any person who holds, or is an applicant for, a type or production certificate for an aircraft. An amateur builder under § 21.191(g), a builder of a kit aircraft under § 21.191(h), or the holder of a restricted category type certificate is not considered a manufacturer for purposes of the SFAR set forth by proposed part 194. 59 This definition will draw a distinction between persons who are amateur aircraft builders and manufacturers with a safety system program and quality control systems in place that meet a higher level of safety. 59 The FAA notes that “person” is defined in § 1.1 as an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver assignee, or similar representative of any of them. Therefore, a broad range of entities, other than an amateur builder or builder of a kit aircraft under § 21.191(g) and (h) or a restricted category type certificate holder, could be considered manufacturers ( e.g., aerospace companies, transportation corporations) for purposes of proposed part 194. The FAA also proposes to define certain pilots employed or used by a powered-lift manufacturer, including in a contractor or consultant role. First, the FAA proposes to define an instructor pilot as a pilot employed or used by a manufacturer of a powered-lift to conduct operations of the powered-lift for the purpose of developing a proposed training curriculum 60 and providing crew training. Although some of these instructor pilots may hold FAA flight instructor certificates, their roles and responsibilities for the manufacturer do not involve flight training for meeting FAA airman regulations. Second, the FAA proposes to define a test pilot as a pilot employed or used by a manufacturer of a powered-lift to conduct operations of the powered lift for the purpose of research and development and showing compliance with the regulations. Additional discussion on the responsibilities of test pilots may be found in section V.D. 60 For purposes of this preamble, the term “proposed training curriculum” refers to the curriculum that the manufacturer is developing. The FAA is describing the training curriculum as “proposed” because the curriculum will not be validated at the time the instructor pilot provides the training to the test pilot. B. Applicability of the Type Rating Requirement to Military Pilots For more than 80 years, the FAA's regulations have allowed military pilots to apply for FAA pilot certificates based on their military pilot experience. 61 Currently, § 61.73(a) permits a military pilot or former military pilot 62 who meets certain requirements to apply on the basis of their military pilot qualifications for a commercial pilot certificate with the appropriate category and class rating, an instrument rating with the appropriate aircraft rating, and a type rating. 63 Additionally, § 61.73(g) permits a military or former military instructor pilot or pilot examiner to apply for, and be issued, a flight instructor certificate with appropriate aircraft ratings, provided certain requirements are met. 61 14 CFR 20.149 (1938), Military competence, stated that an applicant who has been an active member of certain military branches may be deemed competent to have met certain requirements to be issued a pilot certificate, including aeronautical knowledge, experience, and skill. 62 For purposes of this preamble, references to military pilots are inclusive of former U.S. military pilots. 63 While military pilots may receive an FAA certificate through their military experience, they must continue to follow FAA regulations to exercise their FAA certificate(s) received through § 61.73 ( e.g., recency of experience requirements in § 61.57). Because there are no type-certificated powered-lift to date, there are no standard category powered-lift available for civilian pilots to obtain certification through the regular pathway of ground training, flight training, and successful completion of a knowledge test and practical test. The U.S. Armed Forces, however, maintains and uses powered-lift in military operations ( e.g., the Bell-Boeing V-22 Osprey, McDonald-Douglas AV-8 Harrier, F-35B STOVL), where pilots establish experience operating these powered-lift. 64 Therefore, as a result of the military pilot competency provisions set forth in § 61.73, the only pilots who currently hold commercial pilot certificates with powered-lift category ratings, instrument-powered-lift ratings, and flight instructor certificates with powered-lift category and instrument ratings are military pilots who obtained those certificates and ratings under § 61.73, based on their military pilot qualifications. 64 Based on discussions with current and former military powered-lift pilots, a military powered-lift pilot will generally have between 1,000-2,500 hours of total powered-lift time, which includes about 500-1,250 hours of PIC powered-lift time. See Recognition of Pilot in Command Experience in the Military and Air Carrier Operations, 87 FR 57578, 57580 (Sep. 21, 2022). Due to the absence of any type-certificated powered-lift, military pilots who have received an FAA powered-lift category rating are currently limited in their ability to exercise those privileges in civil operations. At this time, the only powered-lift that have entered civil operations are those that have been issued experimental airworthiness certificates. 65 The FAA anticipates two additional avenues for powered-lift to enter civil operations: (1) new FAA type-certificated powered-lift, or (2) surplus military powered-lift, similar to military airplanes and rotorcraft that enter civil operations with an experimental or restricted category airworthiness certificate. There are no surplus military powered-lift that have come into civil operations through the special airworthiness certification process, and the FAA does not anticipate surplus military powered-lift to enter civil operations in the near term. If this were to occur, the FAA will follow the existing regulations, policies, and procedures to address surplus military powered-lift as currently used to evaluate surplus military airplanes and rotorcraft. Specifically, type ratings are designated for surplus military aircraft with civil certificate type ratings through the FSB process, which would evaluate each respective powered-lift, further discussed in section V.H of this preamble. 65 For those manufacturers currently developing powered-lift, operating limitations pertaining to pilot qualifications may be applied to experimental powered-lift. FAA Order 8900.1 Vol. 5, Chap. 9, Sec. 2. Under § 61.73(e), an aircraft type rating may be issued to a military pilot only for a type of aircraft that has a comparable civil type designation by the Administrator. Because there are currently no military powered-lift for which comparable civil type ratings have been designated, military pilots with powered-lift experience are unable to obtain a powered-lift type rating pursuant to § 61.73. As a result, military pilots seeking a commercial pilot certificate under § 61.73 are currently limited to the issuance of a powered-lift category rating and an instrument-powered-lift rating. 66 While these military pilots have extensive flight experience in a powered-lift operated by the U.S. Armed Forces, the FAA finds that this experience alone is insufficient for military pilots to transition safely to the types of powered-lift currently working through the FAA type certification process. 67 Specifically, military aircraft maintain certain characteristics that are unique to U.S. Armed Forces missions that will not be present in civil powered-lift. The technology, operating characteristics, and flight control implementation may not correspond to the civil operations anticipated for FAA type-certificated powered-lift. Further, as previously discussed, there are also significant differences between each civil powered-lift in performance, complexity, and operating characteristics. For these reasons, the FAA is not proposing any exception to the type rating requirement for military pilots who obtain powered-lift ratings through military competency. 66 Should a civil type-certificated version of a military powered-lift become available, pilots with the appropriate military experience, as identified in § 61.73, would be eligible to receive the type rating in the same manner that airplane and rotorcraft military pilots currently receive them, pursuant to § 61.73(e). 67 The FAA has historically found some differences between military aircraft/operations and civilian aircraft/operations and implemented safety measures to address them when necessary. For example, in 1967, a military branch began using “pink” instrument cards for instrument flight operations in tactical environments. Because these pilots were not trained in IFR airway operations or in the use of standard approach procedures, the FAA amended § 61.73 creating a restriction based on the incongruence between the military practice and an FAA instrument rating. The restriction was removed when the branch ceased issuing the cards. Final Rule, Condition for Issuing Instrument Rating Based on Military Competence, 23 FR 10643 (Jul. 20, 1967) (adding § 61.73(g)(6)); Final Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, 62 FR 16220 (Apr. 4, 1997) (removing § 61.73(g)(6)). Military pilots may continue to apply for commercial pilot certificates with powered-lift category ratings, instrument-powered-lift ratings, and flight instructor certificates with powered-lift category and instrument ratings pursuant to the existing requirements in § 61.73, based on their military pilot qualifications. However, to act as PIC of a type-certificated powered-lift, these military pilots would be required to pass a practical test to obtain a type rating on their pilot certificate for the type of civil powered-lift they seek to fly. Likewise, those military instructors who have obtained or will obtain a flight instructor certificate with a powered-lift category and instrument rating through military competency would be permitted to conduct flight training in a powered-lift only after obtaining a type rating on their pilot certificate for the powered-lift in which they conduct flight training. 68 68 Under § 61.195(e), a flight instructor may not give flight training, including instrument training, in an aircraft that requires the PIC to hold a type rating unless the flight instructor holds a type rating for that aircraft on their pilot certificate. C. Applicability of the SIC Qualification Requirements of § 61.55 to Powered-Lift Given the diverse characteristics of powered-lift discussed earlier, the FAA considered whether a person serving as SIC of a powered-lift should also be required to hold a powered-lift type rating on their pilot certificate. Upon evaluating the current SIC qualification requirements of § 61.55, the role of a PIC, and the reasons for requiring the PIC to hold a type rating, the FAA has determined that the SIC qualification requirements of § 61.55 are sufficient, provided the person serving as SIC has passed the practical test in a powered-lift that is capable of performing all the tasks required by the applicable Powered-Lift Category ACS. 69 69 The FAA is proposing to permanently add new § 61.55(a)(4) to address SIC qualifications when a powered-lift is not able to perform all tasks on a practical test. This change is “permanent” because it would exist in 14 CFR part 61 as opposed to proposed part 194. To the extent a person would not be tested on a task specified in that ACS, section V.G of this preamble explains a proposal to impose additional training and an endorsement to ensure the person is trained and found proficient on any tasks that were omitted on the practical test prior to serving as SIC of a different powered-lift that is capable of performing the task. Currently, to serve as SIC of an aircraft type-certificated for more than one required pilot flight crewmember or in operations requiring an SIC pilot flight crewmember in part 91 (excluding subpart K of part 91), 70 a person must satisfy the SIC qualification requirements set forth in § 61.55. Section 61.55(a) requires the person serving as SIC to hold (1) at least a private pilot certificate with the appropriate category and class rating, (2) an instrument rating or privilege that applies to the aircraft being flown if the flight is under IFR, 71 and (3) at least a pilot type rating (“SIC Privileges Only”) for the aircraft being flown unless the flight will be conducted as domestic flight operations within the U.S. airspace. 70 As discussed in this section, certain requirements in § 61.55 do not apply to a person who is designated and qualified as PIC or SIC under subpart K of part 91 (Fractional Ownership Operations). 71 Section V.G of this preamble discusses the FAA's proposal to allow a pilot to obtain a powered-lift type rating and category rating without an instrument rating. In that circumstance, a “VFR only” limitation would be added to the pilot certificate, and the pilot could serve as SIC in VFR operations only. Section 61.55(b) requires the person serving as SIC to complete SIC familiarization training for the specific type of aircraft for which SIC privileges are sought within the 12 calendar months preceding the month of the flight. 72 The SIC familiarization training consists of two components. First, the person must become familiar with certain information for the specific type aircraft including operational procedures applicable to the powerplant, equipment, and systems; performance specifications and limitations; normal, abnormal, and emergency operating procedures; flight manual; and placards and markings. Second, the person must perform and log pilot time in the type of aircraft that includes three takeoffs and three landings to a full stop as the sole manipulator of the flight controls, engine-out procedures and maneuvering with an engine out while executing the duties of PIC, and crew resource management training. 72 The familiarization training required in § 61.55(b) does not apply to a person who is designated and qualified as PIC or SIC under subpart K of part 91 (Fractional Ownership Operations). Rather, those pilots may satisfy the training required by that subpart to serve in fractional ownership operations in lieu of the familiarization training. This preamble explains why the qualification requirements of § 61.55 would ensure that a pilot is qualified to act as SIC of a powered-lift under part 91 (excluding operations conducted under subpart K of part 91), provided the person has passed at least the private pilot practical test in a powered-lift that is capable of performing all the tasks required by the applicable ACS. 73 The preamble also discusses the SIC pilot type rating that is required for international operations. 73 As explained in section V.G. of this preamble, certain powered-lift designs may be precluded from performing a task required by the applicable Powered-Lift Category ACS. When this occurs, the proposed rule language in proposed § 194.207 of this SFAR would enable an examiner to waive the task on the practical test. Thus, a person may obtain a powered-lift category rating on their pilot certificate without being required to perform all the tasks specified in the ACS. This person may then seek to serve as SIC of a powered-lift type that is capable of performing the task for which the pilot was never trained or tested. Section V.G of this preamble discusses this issue in detail and proposes to require additional training and an endorsement to ensure all persons seeking to serve as SIC of a powered-lift have all been trained and found proficient on the tasks required in the applicable Powered-Lift Category ACS. 1. SIC Qualification Requirements The FAA has imposed qualification requirements on persons seeking to serve as SIC of certain aircraft since 1972. 74 In fact, the requirement for an SIC to hold at least a private pilot certificate with the appropriate ratings and an instrument rating if the flight is conducted under IFR has remained unchanged since that time. Additionally, the SIC familiarization training requirements, which were also adopted in 1972, have been slightly expanded to include additional information and procedures 75 but otherwise remain unchanged. The FAA adopted the SIC qualification requirements in part 61 in recognition of the tremendous growth of part 91 operations and the introduction of more sophisticated aircraft to this large segment of aviation. 76 The FAA intended for the SIC qualification requirements to ensure that sufficiently qualified pilots occupy both flight crewmember positions. 77 74 Large and Turbine-Powered Multiengine Airplanes, Final Rule, 37 FR 14759 (Jul. 25, 1972). The SIC requirements were proposed as 14 CFR 61.47b but adopted in the final rule as 14 CFR 61.46 and were applicable to persons seeking to serve as SIC of a large or turbojet-powered multiengine airplane type-certificated for more than one required pilot flight crewmember. In 1973, the FAA relocated 14 CFR 61.46 to 14 CFR 61.55, as it is currently situated today. 75 See 51 FR 40692 (Nov. 7, 1986) (applying SIC requirements to all aircraft type-certificated for more than one pilot and adding “approved flight manual material, placards, and markings” to the type specific information with which the pilot must become familiar); see also 62 FR 16220 (Apr. 4, 1997) (adding “crew resource management training” to time that must be performed and logged). 76 Second-In-Command Qualifications and Pilot-In-Command Proficiency Checks, NPRM, 36 FR 5247 (Mar. 19, 1971). Second-In-Command Qualifications and Pilot-In-Command Proficiency Checks, supplemental notice of proposed rulemaking (SNPRM), 36 FR 11865 (Jun. 16, 1971). In adopting SIC qualification requirements in part 61 for persons serving as SIC in part 91 operations, the FAA also considered the improved safety record in part 121 operations, which stemmed from a modern system of pilot training and qualification for part 121 certificate holders. 77 Id. The SIC qualification requirements of § 61.55 apply to persons seeking to serve as SIC of an aircraft type-certificated for more than one required pilot flight crewmember or in operations requiring a SIC pilot flight crewmember. As such, this requirement without a regulatory amendment will apply to SICs of any powered-lift that is type-certificated for more than one required pilot flight crewmember. Additionally, the requirements of § 61.55 would apply during operations that require more than one pilot flightcrew member by regulation. 78 78 See §§ 91.189, 135.99, 135.101, and 135.111 and subpart K of part 91. Despite proposing to require the PIC to hold a type rating, the FAA has determined that, with the exception of the unique scenario when a powered-lift is not capable of performing all required ACS tasks as discussed in section V.G of this preamble, there is no need to impose requirements beyond those contained in § 61.55 for persons seeking to serve as SIC of a powered-lift, which have been deemed sufficient for other categories of aircraft for over 50 years. 79 As such, a person seeking to serve as SIC will hold the appropriate powered-lift ratings on their pilot certificate and complete familiarization training in the specific type of powered-lift for which SIC privileges are sought. 79 Large and Turbine-Powered Multiengine Airplanes, Final Rule, 37 FR 14759 (Jul. 25, 1972). The requirements of § 61.55(a) ensure that the SIC has obtained experience in the powered-lift category and successfully passed a practical test to obtain the powered-lift rating. The FAA recognizes that this experience may be in a different type of powered-lift than the powered-lift for which SIC privileges are sought. For a pilot who has passed the practical test in a powered-lift that is capable of performing all the tasks required by the ACS, the FAA finds that the existing SIC familiarization training would ensure that the person seeking to act as SIC becomes familiar with and gains sufficient experience operating the specific type of powered-lift before acting as SIC of that aircraft. 80 80 For a pilot who was not required to demonstrate proficiency of each task required by the applicable Powered-Lift Category ACS, section V.G of this preamble discusses the proposed training and endorsement requirements that would apply. Pursuant to § 61.55(b)(1), the person seeking to serve as SIC of a powered-lift would be required to become familiar with information for the specific type of powered-lift for which SIC privileges are sought, including the operational procedures applicable to the powerplant, equipment, and systems; performance specifications and limitations; normal, abnormal, and emergency operating procedures; flight manual; and placards and markings. Additionally, pursuant to § 61.55(b)(2), the person seeking SIC privileges for a powered-lift would be required to log pilot time in the type of powered-lift 81 that includes the performance of three takeoffs and landings to a full stop as the sole manipulator of the flight controls, engine-out procedures and maneuvering with an engine out while executing the duties of PIC, and crew resource management training. Therefore, while the person seeking SIC privileges would hold only a powered-lift category rating, a person would become familiar with the unique operating characteristics of the specific type of powered-lift prior to serving as SIC of the powered-lift. Additionally, the SIC familiarization training requirements of § 61.55(b) serve as recency of experience requirements in that they require a person to accomplish the familiarization training specified in § 61.55(b)(1) and (2) in the specific type of aircraft within the 12 calendar months preceding the month of the flight. This requirement would ensure that the SIC of a powered-lift has recent experience handling the flight controls of the powered-lift for which the SIC privileges are sought. 81 The FAA notes that § 61.55(b)(2) permits the individual to perform and log pilot time in a flight simulator that represents the type of aircraft for which SIC privileges are requested. Further, the FAA considered the role of a PIC versus a SIC in part 91 operations, the FAA has determined that it would be unnecessary to hold the SIC of a powered-lift to the same training and testing standards as the PIC of a powered-lift. While a person serving as SIC of a powered-lift may manipulate the controls of the powered-lift during an operation, the PIC, who would hold a type rating and would have demonstrated mastery of the specific type of powered-lift, remains directly responsible for, and is the final authority as to the operation of, that powered-lift. 82 Thus, as with other categories of aircraft, the PIC would have the ability to take over the flight controls at any point during the flight. 82 A PIC has final authority and responsibility for the operation and safety of the flight per the definition of PIC contained at § 1.1. See also 14 CFR 91.3(a), Responsibility and authority of the pilot in command. For the reasons discussed above, with the exception of the situation discussed in section V.G of this preamble, the FAA has determined that the existing SIC qualification requirements of § 61.55(a) and (b) ensure that the person serving as SIC of a powered-lift in part 91 operations (excluding operations conducted under subpart K of part 91) is sufficiently qualified to act as SIC. Accordingly, this proposed rule would not require the SIC of a powered-lift to hold a type rating for the powered-lift. As for the initial cadre 83 of pilots who may serve as SIC of a powered-lift, § 61.55(a) requires the person seeking SIC privileges to hold at least a private pilot certificate with appropriate ratings ( i.e., powered-lift category rating) and, if the flight will be conducted under IFR, to hold an appropriate instrument rating ( i.e., instrument-powered-lift rating). As previously discussed in section V.B of this preamble, current or former military pilots of powered-lift may obtain commercial pilot certificates with powered-lift category ratings as well as instrument-powered-lift ratings pursuant to § 61.73(a) and (b) based on their military pilot qualifications. These military pilots may be qualified to serve as SIC of powered-lift without first obtaining a type rating for the type of powered-lift, provided they satisfy the applicable requirements of § 61.55. Additionally, pilots who obtain a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, and a type rating pursuant to the alternate pathway proposed in the SFAR may be qualified to serve as SIC of any powered-lift, provided the applicable requirements of § 61.55 are met for the powered-lift in which they will serve as SIC. 83 The FAA uses the term “initial cadre” throughout this preamble. In some instances, initial cadre refers to a sufficient number of instructors and evaluators to train and qualify pilots for powered-lift ratings under an approved training program under part 135, 141, or 142. In other instances, the term refers to a sufficient number of pilots who are rated in powered-lift. 2. SIC Pilot Type Rating As previously discussed, § 61.55 provides for the issuance of a SIC pilot type rating, which is required unless the flight will be conducted as domestic flight operations within the U.S. airspace. The FAA established the SIC pilot type rating and associated qualifying procedures in 2005 84 to conform the FAA pilot type rating requirements to the ICAO pilot type rating standards. 85 The FAA intended for the SIC pilot type rating requirements in § 61.55 to allow U.S. flight crews to operate in international airspace. 84 Second-in-Command Pilot Type Rating, Final Rule, 70 FR 45264 (Aug. 4, 2005). This revision did not change the qualification requirements to serve as SIC; rather, the revision was primarily intended to conform U.S. SIC qualification requirements under § 61.55 to the ICAO standards under Annex 1 of the Convention on International Civil Aviation. 85 See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1.b, and 2.1.4.1.1. The FAA codified two procedures for obtaining the SIC pilot type rating. Under § 61.55(d), a pilot who satisfactorily completes the SIC familiarization training requirements of § 61.55(b) may apply for and receive a pilot rating for SIC privileges in the particular aircraft type, provided the training was completed within the 12 calendar months before the month of SIC pilot type rating application. Additionally, under § 61.55(e), a pilot who satisfactorily completes an approved SIC training program, proficiency check, or competency check under subpart K of part 91 or under parts 125 or 135 may apply for and receive a pilot type rating for SIC privileges in the particular aircraft type, provided the training was completed within the 12 calendar months before the month of SIC pilot type rating application. The SIC pilot type rating requirements set forth by § 61.55(d) and (e) are necessary for U.S. flight crews to operate powered-lift in international airspace. Therefore, the current SIC pilot type rating requirements of § 61.55 will apply to persons seeking SIC privileges in a powered-lift. D. Supervised Operating Experience Requirements of § 61.64 Section 61.64 addresses the use and limitations of full flight simulators (FFSs) and FTDs for training or any portion of a practical test for certificates and ratings, including aircraft type ratings. As discussed in section IV.C, there are currently no FSTD representing powered-lift that have been qualified under part 60. The FAA anticipates, however, that a powered-lift FSTD could obtain qualification under proposed § 194.105 within the 10-year period that the SFAR would be effective. As such, the FAA has evaluated the requirements in § 61.64 and is proposing changes. Pursuant to § 61.64(a), an applicant for an aircraft type rating may use an FFS for training and testing, provided the FFS meets certain requirements. Section 61.64(a)(1) requires the FFS to represent the category, class, and type of aircraft for the rating sought. 86 Section 61.64(a)(2) requires the FFS to be qualified and approved by the Administrator and used in accordance with an approved course of training under part 141 or 142, or under part 121 or 135 if the applicant is a pilot employee of that air carrier operator. 86 The FAA recognizes that “class” is not applicable to powered-lift, as proposed. Section I.H. of this preamble discusses the FAA's proposal to update various references to category and class to ensure each reference appropriately accounts for powered-lift. Under § 61.64, an applicant for an aircraft type rating may accomplish the entire practical test (except for preflight inspection) in a Level C or higher FFS, the qualification of which is governed by 14 CFR part 60. However, to ensure the applicant has sufficient experience operating the aircraft prior to serving as PIC of that aircraft, § 61.64 requires the applicant to satisfy one of the aeronautical experience requirements set forth in § 61.64(b)(1) through (5) for turbojet airplanes, (c)(1) through (5) for turbo-propeller airplanes, (d)(1) through (4) for helicopters, or (e)(1) through (4) for powered-lift, as appropriate to the type rating sought. If the applicant meets one of the aeronautical experience requirements set forth in § 61.64(b), (c), (d), or (e), as appropriate to the type rating sought, then the applicant receives a type rating without limitation. If the applicant does not satisfy one of the aeronautical experience requirements, then the applicant receives a PIC limitation on the applicant's pilot certificate in accordance with § 61.64(f)(2). 87 The PIC limitation restricts the applicant from serving as PIC in the type of aircraft for which the applicant has obtained a type rating until the limitation is removed from the pilot certificate by completing the SOE requirements set forth in § 61.64(g). Specifically, the applicant must perform 25 hours of flight time in an aircraft of the category, class, and type for which the limitation applies under the direct observation of a qualified PIC who holds the appropriate ratings, without limitations, for the aircraft. 88 The applicant must obtain this SOE while performing the duties of PIC. 89 87 Section 61.64(f)(1) provides an alternative to the PIC limitation specified in § 61.64(f)(2). Under § 61.64(f)(1), an applicant may obtain a type rating, without limitation, by completing the following tasks on the practical test in an aircraft appropriate to category, class, and type for the rating sought: preflight inspection, normal takeoff, normal instrument landing system approach, missed approach, and normal landing. 88 14 CFR 61.64(g)(1). 89 14 CFR 61.64(g)(3). Additionally, § 61.64(g)(2) requires the applicant to log each flight and the PIC who observed the flight to attest in writing to each flight. To have the limitation removed, the applicant must present evidence of the SOE to any examiner or Flight Standards office pursuant to § 61.64(g)(4). The FAA has long required SOE for newly rated pilots who used FFS to accomplish the training and testing required for the new rating. The SOE requirements in part 61 originated from exemptions that the FAA issued in the 1990s. 90 In those exemptions, the FAA permitted applicants to exclusively use FFS for training and checking, provided the applicants met certain experience requirements specified in the conditions and limitations of the exemption. Applicants who met the experience requiremen [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2023-11497. Public record. Not legal advice.