# 87 FR 74995: Update to Air Carrier Definitions

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2022-25711

## Section

- **Citation:** 87 FR 74995
- **Heading:** Update to Air Carrier Definitions
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 87 / 87 FR 74995

## Text

, 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.
Privacy: In accordance with 5 U.S.C. 553(c), Department of Transportation solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at http://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:
Jackie Clow, Aviation Safety Inspector, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: 202-267-8166; email: jackie.a.clow@faa.gov.

SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary II. Legal Authority III. Discussion of the Proposed Rule A. Powered-Lift in Air Carrier Operations B. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events IV. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Determination C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility and Cooperation G. Environmental Analysis V. Executive Order Determinations A. Executive Order 13132, Federalism B
Benefit of Charitable, Nonprofit, or Community Events IV. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Determination C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility and Cooperation G. Environmental Analysis V. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use C. Executive Order 13609, Promoting International Regulatory Cooperation VI. Additional Information A. Comments Invited B. Confidential Business Information C. Electronic Access and Filing I. Executive Summary
FAA regulations that apply to air carrier operations define five kinds of air carrier operations. The terms the FAA uses for air carrier operations are found in the applicability provisions for the appropriate set of operating rules. With this proposed rule, the FAA incorporates powered-lift into the definitions of five kinds of air carrier operations—commuter, domestic, flag, on-demand, and supplemental. The current air carrier definitions, as well as certain regulations that apply to other commercial operations of aircraft, only refer to “airplanes” and “rotorcraft.” To enable air carrier operations with powered-lift, the FAA proposes adding powered-lift to the definitions in § 110.2 of Title 14 of the Code of Federal Regulations (14 CFR). This proposed rule would also extend the applicability of certain operating rules to powered-lift, such as the rules that apply to large aircraft operations that are not common carrier operations and rules that apply to commercial air tours.
The FAA also proposes to update various provisions within 14 CFR part 119 (Certification: Air Carriers and Commercial Operators) to address air carriers' operations of powered-lift. This proposed rule would amend certain aircraft-specific provisions in § 119.1, which outline the applicability of and exceptions from part 119
common carrier operations and rules that apply to commercial air tours.
The FAA also proposes to update various provisions within 14 CFR part 119 (Certification: Air Carriers and Commercial Operators) to address air carriers' operations of powered-lift. This proposed rule would amend certain aircraft-specific provisions in § 119.1, which outline the applicability of and exceptions from part 119. This proposed rule would add sight-seeing flights in gliders to the exclusions from part 119. Furthermore, this proposed rule would amend the qualification requirements for personnel in certain management positions for air carriers, to ensure they have appropriate experience in powered-lift operations. This proposed rule would make various technical amendments to part 119 for clarity and revise reflect current FAA practice pertaining to the information included in operations specifications. In addition, the proposed rule will revise certain recordkeeping requirements.
II. Legal Authority
The FAA's authority to issue rules on aviation safety is codified throughout Title 49 of the United States Code. The FAA issues this proposed rule under the authority in section 106. Section 106(f) establishes that the Administrator may promulgate regulations and rules. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. Furthermore, section 44701(a)(5) requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security. Section 44702 provides express authority to the Administrator to issue certificates under and oversee aviation safety
ty. Furthermore, section 44701(a)(5) requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security. Section 44702 provides express authority to the Administrator to issue certificates under and oversee aviation safety. In addition, section 44701(d)(1)(A) specifically states the Administrator, when prescribing safety regulations, must consider “the duty of an air carrier to provide service with the highest possible degree of safety in the public interest.” Similarly, section 44705 requires the Administrator to prescribe regulations for the issuance of air carrier operating certificates when the Administrator finds, after investigation, that the holder of the
The FAA also proposes this rule in accordance with sections 44711 and 44713. Section 44711(a)(4) prohibits a person from operating as an air carrier without an air carrier operating certificate or in violation of a term of the certificate. Similarly, section 44711(a)(5) prohibits a person from operating aircraft in air commerce in violation of a regulation prescribed or a certificate that the FAA issues under section 44701(a) or (b) or under sections 44702-44716. In addition, section 44713 requires air carriers to hold and comply with air carrier operating certificates and make, or cause to be made, inspections, repairs, or maintenance used in air transportation. Such regulations apply to operators by the provisions of 14 CFR parts 110 and 119, which this proposed rule would amend.
III
A issues under section 44701(a) or (b) or under sections 44702-44716. In addition, section 44713 requires air carriers to hold and comply with air carrier operating certificates and make, or cause to be made, inspections, repairs, or maintenance used in air transportation. Such regulations apply to operators by the provisions of 14 CFR parts 110 and 119, which this proposed rule would amend.
III. Discussion of the Proposed Rule
This proposed rule would apply part 121 (Operating Requirements: Domestic, Flag, and Supplemental Operations), part 125 (Certification and Operations: Airplanes Having a Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity of 6,000 Pounds or More; and Rules Governing Persons Onboard Such Aircraft), part 135 (Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons Onboard Such Aircraft) and part 136 (Commercial Air Tours and National Parks Air Tour Management) to certain types of operations in powered-lift. This proposed rule would also amend § 91.146 (Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event) and § 91.147 (Passenger carrying flights for compensation or hire) to enable powered-lift into these types of operations. To use consistent aircraft terms throughout parts 110 and 119, the FAA is also proposing to change the term helicopter to rotorcraft within §§ 91.146, 91.147 and part 136. Therefore, all applicability regulations used in commercial service will use the same aircraft terms.
The FAA is engaging in a multi-step process of updating the regulations that apply to aircraft that traditionally have not operated under these parts. Overall, the FAA maintains a risk-based approach to the integration of new entrant aircraft into the national airspace system. When operations present a higher level of risk, based on volume of passengers carried and frequency of operation, the FAA will subject such operations to a regulatory framework designed to mitigate those risks
ircraft that traditionally have not operated under these parts. Overall, the FAA maintains a risk-based approach to the integration of new entrant aircraft into the national airspace system. When operations present a higher level of risk, based on volume of passengers carried and frequency of operation, the FAA will subject such operations to a regulatory framework designed to mitigate those risks. In addition to this rulemaking, the FAA is proposing a Special Federal Aviation Regulation (SFAR), “Integration of Powered-Lift: Pilot Certification and Operations” (RIN 2120-AL72), to establish temporary operating and airman certification regulations for powered-lift. The SFAR will enable industry to begin operating powered-lift while FAA gathers data to develop permanent regulations through a future rulemaking. The FAA plans to use the information gathered in this interim process to update its regulations to address powered-lift operations broadly.
A. Powered-Lift in Air Carrier Operations
Title 14 CFR 1.1 defines powered-lift as “a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight.” This low airspeed capability could result from aircraft configuration changes such as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift engines; or other means. In addition, the FAA has previously described powered-lift as being useful for civil applications, as these types of aircraft have “vertical take-off and landing and hovering capability like helicopters,” and are able to “fly at higher airspeeds like airplanes.” 1
1 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certificate Rules, 60 FR 41160, 41165 (Aug. 11, 1995).
At present, various manufacturers are developing powered-lift for civilian use
g useful for civil applications, as these types of aircraft have “vertical take-off and landing and hovering capability like helicopters,” and are able to “fly at higher airspeeds like airplanes.” 1
1 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certificate Rules, 60 FR 41160, 41165 (Aug. 11, 1995).
At present, various manufacturers are developing powered-lift for civilian use. These aircraft vary in size and passenger-seating configurations and employ both new and traditional kinds of propulsion systems. The operations conceptualized include vertical takeoff and landing capability, transition from low airspeed to high-speed horizontal flight, and sustained level forward flight.
Operations with powered-lift could offer many benefits over traditional rotorcraft. For example, some powered-lift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than a rotorcraft, while maintaining vertical takeoff and landing capability. Such capability may increase efficiency in transporting crew and material to remote locations such as offshore oil rigs. Operators may also seek to use powered-lift for transporting passenger's 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 or cargo than existing ground transportation methods. Application of the appropriate set of rules for powered-lift in a range of certificate holders' operations would serve as both a risk mitigation measure and a framework for FAA oversight, as necessary to achieve the requisite level of safety.
The requirements of part 119 apply both to air carriers and other commercial operators. Part 119 provides the process for obtaining and maintaining an operating certificate
e appropriate set of rules for powered-lift in a range of certificate holders' operations would serve as both a risk mitigation measure and a framework for FAA oversight, as necessary to achieve the requisite level of safety.
The requirements of part 119 apply both to air carriers and other commercial operators. Part 119 provides the process for obtaining and maintaining an operating certificate. This proposed rule would apply the appropriate requirements of part 119 to powered-lift operations.
1. Applicability of Operating Rules
This proposed rule would amend the following definitions in § 110.2 to include powered-lift: commuter operation, domestic operation, flag operation, on-demand operation, and supplemental operation. Therefore, the rules and applicability sections in 14 CFR chapter 1, subchapter G would include use of powered-lift in the kinds of operations. Amending these definitions along with other provisions of part 119 would enable powered-lift to engage in operations consistent with the applicable statutory framework that applies to air carrier and commercial operations.
i. Operations Under Parts 121 and 135
Part 121 applies to three distinct kinds of operations of air carriers: domestic, flag, and supplemental. Both domestic and flag operations under part 121 currently consist of any scheduled flight operation 2 using turbojet powered airplanes, or airplanes that have a passenger-seat configuration of more than 9 passenger seats, 3 or that have a payload capacity of more than 7,500
2 For purposes of determining which types of operations are “scheduled,” the FAA uses its definition at § 110.2, which provides, “ [s]cheduled operation means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial operator for which the certificate holder or its representative offers in advance the departure location, departure time, and arrival location
determining which types of operations are “scheduled,” the FAA uses its definition at § 110.2, which provides, “ [s]cheduled operation means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial operator for which the certificate holder or its representative offers in advance the departure location, departure time, and arrival location. It does not include any passenger-carrying operation that is conducted as a public charter operation under part 380 of this chapter.”
3 Throughout this description of the kinds of operations, each use of the term “passenger-seat configuration” for numerical thresholds and limitations excludes the number of crewmember seats. This is consistent with the existing text of each definition.
Supplemental operations under part 121 include any common carriage operation for compensation or hire using airplanes that have a passenger-seat configuration of more than 30 seats or that have a payload capacity of more than 7,500 pounds. Supplemental operations also include those in which the airplane is also used in domestic or flag operations and is listed in the operations specifications for such operations when the airplane is either propeller-powered and has more than 9 and less than 31 passenger seats, or turbojet-powered and has 1 or more and less than 31 passenger seats. The definition of “supplemental operation” also specifies that the operations are either all-cargo operations, passenger-carrying public charter operations under part 380, or operations for which the departure time and location, as well as the arrival location, are specifically negotiated.
Part 135 applies to two kinds of operations: on-demand and commuter
more and less than 31 passenger seats. The definition of “supplemental operation” also specifies that the operations are either all-cargo operations, passenger-carrying public charter operations under part 380, or operations for which the departure time and location, as well as the arrival location, are specifically negotiated.
Part 135 applies to two kinds of operations: on-demand and commuter.
On-demand operations are those either conducted as a public charter under part 380 or any operations in which the departure time and location and arrival location are specifically negotiated with the customer and are: in rotorcraft; common carriage operations with airplanes (including turbojet-powered airplanes) that have a passenger-seat configuration of 30 seats or fewer and a payload capacity of 7,500 pounds or less; or noncommon or private carriage operations conducted with airplanes having a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds. On-demand operations also include scheduled passenger-carrying operations that consist of less than five round-trips per week on at least one route between two or more points according to its published flight schedules in airplanes (other than turbojet-powered airplanes) that have a maximum passenger-seat configuration of 9 seats or less and a maximum payload capacity of 7,500 pounds or less, or in any rotorcraft. Finally, on-demand operations also include all-cargo operations conducted with airplanes having a payload capacity of 7,500 pounds or less, or with rotorcraft. 4
4 As noted above, “all-cargo air transportation” means “the transportation by aircraft in interstate air transportation of only property or only mail, or both.” 49 U.S.C. 40102(a)(10)
acity of 7,500 pounds or less, or in any rotorcraft. Finally, on-demand operations also include all-cargo operations conducted with airplanes having a payload capacity of 7,500 pounds or less, or with rotorcraft. 4
4 As noted above, “all-cargo air transportation” means “the transportation by aircraft in interstate air transportation of only property or only mail, or both.” 49 U.S.C. 40102(a)(10).
Commuter operations are scheduled operations 5 conducted by any person operating airplanes (other than turbojet-powered airplanes) that have a maximum passenger-seat configuration 6 of 9 seats or less and a maximum payload capacity of 7,500 pounds or less, as well as all rotorcraft, when such operations conduct at least five round trips per week on at least one route between two or more points according to its published flight schedules.
5 The definition of “scheduled operation” is codified at 14 CFR 110.2.
6 Throughout this description of the kinds of operations, each use of the term “passenger-seat configuration” for numerical thresholds and limitations excludes crewmember seats. This is consistent with the existing text of each definition.
Part 121 currently applies to any turbojet-powered airplane with one or more passenger seats used for scheduled operations. Scheduled operations under part 135 that are generally “commuter” operations are limited to 9 seats or fewer and cannot occur in turbojet airplanes. The FAA previously determined that the operations of small turbojets, which are used for operations such as transoceanic, long range and international, are like the operations of large air carriers. 7 To ensure safety of passengers carried in those kinds of operations, the provisions of part 121 apply to scheduled operations of turbojet airplanes. This proposed rule would include turbojet-powered powered-lift alongside the term “turbojet powered airplane” to ensure consistency in applying the appropriate risk mitigation measures for operations of turbojet-powered aircraft
large air carriers. 7 To ensure safety of passengers carried in those kinds of operations, the provisions of part 121 apply to scheduled operations of turbojet airplanes. This proposed rule would include turbojet-powered powered-lift alongside the term “turbojet powered airplane” to ensure consistency in applying the appropriate risk mitigation measures for operations of turbojet-powered aircraft.
7 Commuter Operations and General Certification and Operations Requirements, 60 FR 65832, 65838 (Dec. 20, 1995).
Under this proposed rule, part 121 would apply to operations that air carriers conduct with powered-lift when they fulfill the criteria of the definitions of domestic, flag, and supplemental operations, while part 135 would apply to operations that certificate holders conduct with powered-lift that meet the criteria of commuter and on-demand operations. Many of the requirements in part 121 are distinct from the requirements that apply to operations under part 135. In this regard, the aircraft passenger-seat configuration and payload capacity maximums that differentiate applicability of parts 121 and 135, are longstanding, regulatory distinctions with which certificate holders are familiar and are appropriate for applying to powered-lift. 8 The FAA has crafted operating rules designed to mitigate the risks of operations of aircraft operating under parts 121 and 135. As a result, the scaled approach of risk mitigations in both parts remains appropriate because powered-lift that are large and carry passengers in scheduled operations generally present a higher level of risk.
8 In Commuter Operations and General Certification and Operations Requirements, the FAA cited its 1953 rulemaking in which the FAA set forth the requirement that airplanes with a maximum certificated takeoff weight of 12,500 pounds or less would be permitted to carry fewer than 10 passengers in on-demand air taxi service. 60 FR 65832, 65835 (Dec. 20, 1995).
a
ly present a higher level of risk.
8 In Commuter Operations and General Certification and Operations Requirements, the FAA cited its 1953 rulemaking in which the FAA set forth the requirement that airplanes with a maximum certificated takeoff weight of 12,500 pounds or less would be permitted to carry fewer than 10 passengers in on-demand air taxi service. 60 FR 65832, 65835 (Dec. 20, 1995).
a. 121 Applicability
Section 121.1 establishes the applicability of part 121, which prescribes the rules governing air carrier operations conducted under domestic, flag, or supplemental operations. Section 121.1(g) currently states, “This part also establishes requirements for operators to take actions to support the continued airworthiness of each airplane.” Section 121.1(g) is the only paragraph in section 121.1 that currently uses the term “airplane.” The FAA proposes to revise paragraph (g) to apply to “aircraft” instead of “airplane.” This change in section 121.1 is necessary to correspond to the changes in parts 110 and 119 to extend the applicability of these parts to powered-lift.
The FAA also proposes to make a technical correction to section 121.1(c) by removing “SFAR No. 58” and replacing it with “subpart Y” which was codified on September 16, 2005.
b. Certain Flight Time Limitations and Rest Requirements Under Part 121
With regard to flight time limitations and rest requirements, this proposed rule would amend §§ 121.470, 121.480, and 121.500 to replace the word “airplanes” with the term “aircraft.” Section 121.470 applies the provisions of part 121, subpart Q to domestic all-cargo operations; § 121.480 applies the provisions of part 121, subpart R to flag all-cargo operations; and § 121.500 applies the provisions of part 121, 9
9 The FAA states in the preamble to the 2012 final rule, Flightcrew Member Duty and Rest Requirements, that it attempted to impose the least possible burden on air carriers, consistent with the need to improve safety
subpart Q to domestic all-cargo operations; § 121.480 applies the provisions of part 121, subpart R to flag all-cargo operations; and § 121.500 applies the provisions of part 121, 9
9 The FAA states in the preamble to the 2012 final rule, Flightcrew Member Duty and Rest Requirements, that it attempted to impose the least possible burden on air carriers, consistent with the need to improve safety. Consequently, the rule imposes stringent limits in safety-critical areas and less stringent limits in other areas. For example, the FAA recognizes that the costs for all-cargo operations to comply with more stringent duty and rest requirements would “significantly exceed the quantified societal benefits.” See Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 (Jan. 4, 2012).
In addition, § 121.470 contains an exception for operations conducted entirely within Alaska or Hawaii with airplanes having a passenger-seat configuration of more than 30 seats (excluding each crewmember seat) or a payload capacity of more than 7,500 pounds: these airplanes may comply with subpart R of part 121 instead (pertaining to flag all-cargo operations). 10 Permitting this option for powered-lift that conduct such operations entirely within the States of Alaska or Hawaii is appropriate for the same reasons the FAA permits this exception for similarly sized airplanes. Thus, for such operations, the specific flight time limitations and rest requirements of subpart R adequately address the risk associated with lack of rest. 11
10 The FAA allows all-cargo operations conducted entirely within the States of Alaska or Hawaii to comply with the flight time limitations under subpart R—pertaining to flag operations—because those operations are included under the definition of “flag operation” in 14 CFR 110.2.
11 Flightcrew Member Duty and Rest Requirements, 77 FR 330, 331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013).
ii
1
10 The FAA allows all-cargo operations conducted entirely within the States of Alaska or Hawaii to comply with the flight time limitations under subpart R—pertaining to flag operations—because those operations are included under the definition of “flag operation” in 14 CFR 110.2.
11 Flightcrew Member Duty and Rest Requirements, 77 FR 330, 331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013).
ii. Operations Under Part 125
As with the applicability of parts 121 and 135 to distinct types of air carrier operations, part 119 states that operators conducting noncommon carriage are subject to the rules of either part 125 or part 135.
When noncommon carriage occurs in an airplane having a passenger seat configuration of less than 20 seats, excluding crewmember seats, and a payload capacity of less than 6,000 pounds, § 119.23(b) requires those operations to be conducted under part 135 as on-demand operations. When noncommon carriage occurs in an airplane having a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, part 125 applies. This proposed rule would amend the applicability provisions relevant to noncommon or private carriage operations such that those provisions would include powered-lift. This proposed rule would amend paragraphs (a), (b), (c), and (e) of § 125.1, to add the term “powered-lift” or, where appropriate, “aircraft.” These amendments incorporate powered-lift into the statements regarding applicability of part 125 requirements.
Large powered-lift, due to their size, weight, and passenger capacity, present a level of risk that part 125 mitigates. Requiring large powered-lift conducting noncommon carriage operations to comply with part 125 would ensure an appropriate level of safety. These requirements and standards mitigate safety risks of large aircraft operating under part 125; extending them to noncommon carriage operations of large powered-lift is consistent with the FAA's strategy for mitigating risks
of risk that part 125 mitigates. Requiring large powered-lift conducting noncommon carriage operations to comply with part 125 would ensure an appropriate level of safety. These requirements and standards mitigate safety risks of large aircraft operating under part 125; extending them to noncommon carriage operations of large powered-lift is consistent with the FAA's strategy for mitigating risks. The FAA's proposed amendments to §§ 119.23 and 125.1 would clarify that operators that conduct noncommon carriage operations in powered-lift would do so under the rules of part 125, provided they fall within the scope outlined in § 119.23(a). This proposed rule would also change the term from “airplane” to “aircraft” in the title of part 125 and amend § 125.23 to change the word “airplane” to “aircraft,” as § 125.23 generally addresses applicability of certain rules and standards concerning operations.
2. Requirements and Applicability of Part 119
Part 119 contains basic requirements that apply to each person that operates or intends to operate a civil aircraft as an air carrier or commercial operator, or both, in air commerce. These requirements, which include the obligation to maintain current operations specifications and employ management personnel who are sufficiently qualified to oversee certain aspects of the certificate holder's operation, are a critical means by which the FAA oversees air carrier and commercial operations. This proposed rule would amend provisions concerning the applicability of other rules, management personnel qualifications, and exceptions from the applicability of part 119. The incorporation of powered-lift into such provisions would provide consistency in FAA oversight of air carrier and commercial operations
are a critical means by which the FAA oversees air carrier and commercial operations. This proposed rule would amend provisions concerning the applicability of other rules, management personnel qualifications, and exceptions from the applicability of part 119. The incorporation of powered-lift into such provisions would provide consistency in FAA oversight of air carrier and commercial operations.
The FAA also proposes to revise § 119.1(a) to apply part 119 to airplanes and powered lift conducting noncommon carriage or private carriage operations for compensation or hire with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds. This proposed amendment is consistent with the existing § 119.23, which requires airplanes meeting those specifications to comply with certain certification, operations, and operations specifications requirements.
Similarly, the FAA also proposes to amend § 119.5(c) to include powered-lift operations in the description of which persons will be issued an Operating Certificate for operations when common carriage is not involved. The FAA also proposes to amend §§ 119.21 and 119.23 to apply appropriate requirements to powered-lift operations of commercial operators engaged in intrastate common carriage or operations when common carriage is not involved, respectively.
The existing types of operations excluded from part 119 are: student instruction; aerial work operations; nonstop commercial air tours that fulfill certain criteria; ferry or training flights; sightseeing flights in hot air balloons; nonstop flights conducted within 25 statute miles of the airport of takeoff that are for the purpose of intentional parachute operations; helicopter flights conducted within a 25 statute-mile-radius of the airport of takeoff that fulfill certain limiting criteria; operations that occur under part 133 (Rotorcraft External-Load Operations) or part 375 (Navigation of Foreign Civil Aircraft Within the United States); emergency mail service operation
of the airport of takeoff that are for the purpose of intentional parachute operations; helicopter flights conducted within a 25 statute-mile-radius of the airport of takeoff that fulfill certain limiting criteria; operations that occur under part 133 (Rotorcraft External-Load Operations) or part 375 (Navigation of Foreign Civil Aircraft Within the United States); emergency mail service operations; operations conducted under § 91.321 (Carriage of candidates in elections); and small unmanned aircraft systems operations conducted under part 107 (Small unmanned aircraft systems).
Many operations subject to exclusion do not specify the type of aircraft eligible for the exclusion; however, some exclusions apply only to helicopters or only to airplanes and helicopters. Specifically, a subset of the exclusion for operations used in construction or repair work currently
The proposed use of the term “rotorcraft” 12 throughout § 119.1 will ensure consistency with other applicability provisions of part 119. For example, § 119.25 states that each person that conducts rotorcraft operations for compensation or hire must do so in accordance with the applicable rules of part 135. In addition, the definitions of “commuter” and “on-demand” codified in § 110.2 use only the term “rotorcraft.” Accordingly, using the term “rotorcraft,” as defined in § 1.1, consistently throughout part 119, rather than the term “helicopter,” is appropriate.
12 With respect to aircraft certification, rotorcraft are a “class” of aircraft as defined in § 1.1, while helicopters are a kind of rotorcraft. Section 1.1 defines “class” as “a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider . . . .” Section 1.1 defines “helicopter” as “a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.”
The proposed rule would replace “helicopter” with “rotorcraft” and add “powered-lift” to the exclusion described at § 119.1(e)(4)(v)
f aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider . . . .” Section 1.1 defines “helicopter” as “a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.”
The proposed rule would replace “helicopter” with “rotorcraft” and add “powered-lift” to the exclusion described at § 119.1(e)(4)(v). Section 119.1(e)(4) lists six specific types of aerial work operations to which part 119 does not apply. These operations include crop dusting, banner towing, aerial photography or surveying, firefighting, construction and repair work, and powerline and pipeline patrol. The existing regulatory text that excludes operations for construction and repair work under § 119.1(e)(4)(v) specifically applies only when the operator uses helicopters. Examples of aerial work operations that fulfill the exception criteria of § 119.1(e)(4)(v) include replacing air conditioners in large buildings; work on photovoltaic cells, cellular towers, and other types of towers; and performing construction in buildings in which the movement of heavy construction loads up several levels via rotorcraft saves energy and time. The FAA anticipates powered-lift would perform functions in aerial work in much the same manner as rotorcraft currently do. Moreover, the vertical takeoff and landing options powered-lift offer, their ability to hover, and the capability of some powered-lift to carry heavier loads than many rotorcraft may prompt operators to use them for construction or repair work. Allowing powered-lift to operate under this exception poses low risk to the general public. Typically, operators conduct aerial work operations in limited areas with low exposure to the public, or, if conducted in metropolitan areas, in areas that are appropriately cordoned off. Moreover, the risk to the general public remains low due to the limitation of the work; its infrequent nature; and the containment practices operators use to limit such risk
poses low risk to the general public. Typically, operators conduct aerial work operations in limited areas with low exposure to the public, or, if conducted in metropolitan areas, in areas that are appropriately cordoned off. Moreover, the risk to the general public remains low due to the limitation of the work; its infrequent nature; and the containment practices operators use to limit such risk.
The FAA also proposes to broaden the exclusion in § 119.1(e)(7) to permit those flights to occur using powered-lift or rotorcraft, rather than only helicopters. Section 119.1(e)(7) excludes from the applicability of part 119 helicopter flights conducted within a 25-statute-mile radius of the airport of takeoff if no more than two passengers are carried; each flight occurs under day visual flight rules (VFR) conditions; the helicopter used is certificated with a standard airworthiness certificate and complies with certain inspection requirements; the operator notifies a certain FAA office prior to the operation; the total number of flights does not exceed six per year; the Administrator has approved each flight; and the flight does not carry any cargo. The FAA historically excluded the helicopter flights described in § 119.1(e)(7) based on the conclusion that such operations do not warrant the level of oversight that part 119 requires.
In addition, this proposed rule would add operations conducted in gliders to the exception that applies to sightseeing flights. Currently, the text of § 119.1(e)(5) only excludes from the applicability of part 119 sightseeing flights conducted in hot air balloons. The proposed addition of gliders to this exception will ensure the regulatory text of § 119.1(e)(5) reflects the FAA's current practices of permitting glider operations under this exception from part 119 and is consistent with the level of risk mitigation necessary for such operations
§ 119.1(e)(5) only excludes from the applicability of part 119 sightseeing flights conducted in hot air balloons. The proposed addition of gliders to this exception will ensure the regulatory text of § 119.1(e)(5) reflects the FAA's current practices of permitting glider operations under this exception from part 119 and is consistent with the level of risk mitigation necessary for such operations.
Lastly, this proposed rule will add powered-lift to § 119.1(e)(2), which currently excludes certain nonstop commercial air tour flights conducted in either an airplane or helicopter from the applicability of part 119.
i. Records Regarding Operations
Each certificate holder subject to part 119 must maintain operations specifications. The FAA approves all operations specifications, which must include a variety of information, such as the types of aircraft, routes, and airports the certificate holder uses, among other items.
This proposed rule would narrow the current requirement in § 119.49. The existing text of § 119.49(a)(12), (b)(12), and (c)(11) requires operations specifications to contain “[a]ny authorized deviation and exemption” issued under 14 CFR chapter 1. By its plain language, the aforementioned paragraphs broadly require operations specifications to contain copies of all deviations and exemptions granted from any requirement under chapter 1.
The FAA has determined this requirement is too broad, as it obligates certificate holders to ensure their operations specifications contain exemptions and deviations that also apply to the aircraft the certificate holder uses. Such a requirement is unnecessary because information concerning design standards and other airworthiness aspects that apply to an aircraft are available in other records. Operators of the aircraft are aware of deviations and exemptions from design standards because the paperwork that accompanies the aircraft contains adequate information. For example, the aircraft's type certificate data sheet refers to applicable exemptions
sary because information concerning design standards and other airworthiness aspects that apply to an aircraft are available in other records. Operators of the aircraft are aware of deviations and exemptions from design standards because the paperwork that accompanies the aircraft contains adequate information. For example, the aircraft's type certificate data sheet refers to applicable exemptions. 13 In such cases, it is unnecessary for the certificate holder's operations specifications to contain deviations or exemptions if those deviations or exemptions apply to the aircraft and do not have a corresponding operating rule.
13 See 14 CFR 21.41 (“Type certificate”), which states each type certificate includes the type design, operating limitations, certificate data sheet, the applicable regulations with which the FAA records compliance, and any other conditions or limitations prescribed for the product in part 21, subpart B.
The FAA is mindful of the fact that many rules that address aircraft equipage and functionality, however, include both an aircraft and operating component. To obtain relief from such a rule, the operator would need to receive exemption or permission to deviate from aircraft-specific requirements, and operations specifications would need to contain records of such exemptions or deviations from such rules. For example, § 91.203(d) prohibits any person from operating a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions requirements of 14 CFR part 34. As a result, while under this proposed rule operations specifications would not need to contain any exemption from a requirement of part 34 as this exemption would be identified in the aircraft records; however, they would need to
Similar to this proposed rule's amendments to § 119.49(a)(12), (b)(12), and (c)(11), this proposed rule would also revise § 91.1015(a)(9) in a similar manner
part 34. As a result, while under this proposed rule operations specifications would not need to contain any exemption from a requirement of part 34 as this exemption would be identified in the aircraft records; however, they would need to
Similar to this proposed rule's amendments to § 119.49(a)(12), (b)(12), and (c)(11), this proposed rule would also revise § 91.1015(a)(9) in a similar manner. Section 91.1015(a)(9) applies to management specifications that persons who participate in a fractional ownership program under part 91, subpart K, maintain. Currently, § 91.1015(a)(9) requires each set of management specifications to contain each deviation or exemption that the participant receives for any requirement of 14 CFR chapter 1. Requiring a listing or copies of exemptions that apply to the aircraft rather than the operator is unnecessary for the FAA's oversight of participants' operations under part 91, subpart K.
ii. Management of Operation
This proposed rule would amend the qualification and experience requirements by changing the term airplane to aircraft as appropriate. For certificate holders that conduct operations under part 121, this rule would also require at least one Chief Pilot for each category of aircraft that each certificate holder uses, when the certificate holder uses both airplanes and powered-lift.
Sections 119.65 through 119.71 set forth management personnel requirements that certificate holders must fulfill to ensure the highest degree of safety in their operations. In requiring qualified personnel hold certain management positions, the FAA emphasized that certificate holders' employment of management personnel who are experienced and committed to ensuring safety is an important means of ensuring compliance with the rules that apply to the operations. 14
14 Commuter Operations and General Certification and Operations Requirements, 60 FR 65832, 65885-86 (Dec. 20, 1995).
Section 119.69 contains requirements for certificate holders who conduct operations under part 135
employment of management personnel who are experienced and committed to ensuring safety is an important means of ensuring compliance with the rules that apply to the operations. 14
14 Commuter Operations and General Certification and Operations Requirements, 60 FR 65832, 65885-86 (Dec. 20, 1995).
Section 119.69 contains requirements for certificate holders who conduct operations under part 135. Section 119.69(a) states certificate holders must have a Director of Operations, Chief Pilot, and Director of Maintenance. Section 119.71 sets forth the specific qualification standards that each person who holds any of these positions must meet. This proposed rule would not amend the qualification standards listed at § 119.71 because they are not specific to any particular type of aircraft. As a result, they need not change to ensure management personnel have adequate experience when managing regulatory compliance with certificate holders' operations about airplanes, rotorcraft, or powered-lift.
Under § 119.65(a), which lists management positions that certificate holders conducting operations under part 121 must maintain, each certificate holder must have a Director of Safety, Director of Operations, Chief Pilot, Director of Maintenance, and Chief Inspector. With the exception of the Director of Safety position, each person who holds any of the positions identified in § 119.65 must meet specific qualification standards set forth in § 119.67.
In some cases, candidates who seek to hold a management personnel position listed at § 119.65 might not fulfill the experience requirements but could be qualified in another manner. In such cases, § 119.67(e) provides the FAA's Flight Standards Service the discretion to issue a deviation. Such deviations are based on Flight Standards finding that the candidate can fulfill the duties of the position that he or she seeks to hold
seek to hold a management personnel position listed at § 119.65 might not fulfill the experience requirements but could be qualified in another manner. In such cases, § 119.67(e) provides the FAA's Flight Standards Service the discretion to issue a deviation. Such deviations are based on Flight Standards finding that the candidate can fulfill the duties of the position that he or she seeks to hold.
This proposed rule would also remove the routing codes from the regulatory text of § 119.67(e), as the FAA no longer uses such codes in its regulations.
Furthermore, § 119.65(b) provides the FAA with discretion to approve positions or numbers of positions other than those listed in § 119.65(a) if the certificate holder shows it can perform the operation with the highest degree of safety under the direction of fewer or different categories of management personnel. In making such a determination, the FAA considers the kind of operation involved, the number and types of airplanes used, and the area of operations.
This proposed rule would amend the qualification and experience requirements applicable to Directors of Operations, Chief Pilots, Directors of Maintenance, and Chief Inspectors for certificate holders that conduct operations under part 121 because these qualification standards are currently specific to airplanes. Incorporating certain powered-lift operations into the requirements of part 121 requires amending these qualification requirements applicable to management personnel who supervise a certificate holder's operations.
a. Director of Operations
Currently, § 119.67(a)(2) (Management personnel: Qualifications for operations conducted under part 121 of this chapter) specifically requires Directors of Operations to have experience in “airplanes.” To broaden this section to cover Directors of Operations for certificate holders that use powered-lift, this proposed rule would use the general term “aircraft” in that paragraph
tor of Operations
Currently, § 119.67(a)(2) (Management personnel: Qualifications for operations conducted under part 121 of this chapter) specifically requires Directors of Operations to have experience in “airplanes.” To broaden this section to cover Directors of Operations for certificate holders that use powered-lift, this proposed rule would use the general term “aircraft” in that paragraph. Therefore, for certificate holders that conduct operations under part 121, this proposed rule would require the Director of Operations to have at least 3 years of supervisory or managerial experience within the last 6 years in a position that exercised operational control over any operations conducted with large aircraft under part 121 or part 135. In the alternative, if the certificate holder uses only small aircraft in its operations, then the Director of Operations may obtain this experience in large or small aircraft. The proposed references to “large aircraft” and “small aircraft” would have the same meanings as defined in § 1.1: “Large aircraft means aircraft of more than 12,500 pounds, maximum certificated takeoff weight,” and “Small aircraft means aircraft of 12,500 pounds or less, maximum certificated takeoff weight.”
Section 119.67(a)(3) also currently requires anyone who serves in a Director of Operations role for a certificate holder that conducts operations under part 121 to have at least three years of experience as pilot-in-command of a large airplane, if the certificate holder uses large airplanes. If the certificate holder uses small airplanes, then experience in either large or small airplanes will satisfy this requirement. If the person is serving as a Director of Operations for the first time ever, then this experience must have occurred within the prior six years. Under this proposed rule, a person who would serve as Director of Operations would need to have experience as pilot-in-command in at least one of the categories of “aircraft” the certificate holder uses in its operations
es will satisfy this requirement. If the person is serving as a Director of Operations for the first time ever, then this experience must have occurred within the prior six years. Under this proposed rule, a person who would serve as Director of Operations would need to have experience as pilot-in-command in at least one of the categories of “aircraft” the certificate holder uses in its operations. In using the term “category” in this context, this proposed rule would mean the broad classification of aircraft regarding the certification, ratings, privileges, and limitations of airmen. Such categories include airplane, rotorcraft, and powered-lift, among others, as listed at § 61.5(b)(1). In addition, the term “uses” refers to the types of aircraft that are listed on the certificate holder's operations specifications, pursuant to § 119.49(a)(4), (b)(4), and (c)(5).
b. Chief Pilot
This proposed rule would amend the existing regulatory text that contains Chief Pilot qualification requirements such that the text would include the term “aircraft,” where appropriate. In addition, the FAA proposes amendments to the Chief Pilot requirements that will ensure the Chief Pilot's qualifications are commensurate to the aircraft category the certificate holder is operating. In proposing these amendments, the FAA intends to ensure the management personnel team remains adequately prepared and qualified to address risks that operations of each category of aircraft may present.
To be qualified to serve as a Chief Pilot, a person must meet the qualifications of § 119.67(b). These qualifications include holding an airline transport pilot (ATP) certificate with appropriate ratings for at least one of the airplanes the certificate holder uses. The term “appropriate ratings” means the ratings a pilot must hold to serve as a pilot-in-command of an airplane in the certificate holder's operations
serve as a Chief Pilot, a person must meet the qualifications of § 119.67(b). These qualifications include holding an airline transport pilot (ATP) certificate with appropriate ratings for at least one of the airplanes the certificate holder uses. The term “appropriate ratings” means the ratings a pilot must hold to serve as a pilot-in-command of an airplane in the certificate holder's operations.
This proposed rule would require the Chief Pilot for powered-lift to hold an ATP certificate and be appropriately rated in at least one of the powered-lift the certificate holder uses. This requirement is important because the Chief Pilot must maintain a detailed level of understanding of the particular aircraft the certificate holder operates to communicate effectively with the pilots who serve in a certificate holder's operations while performing his or her oversight duties.
The FAA is aware that such “appropriate ratings” may vary considerably. For example, pilot type ratings or class ratings for certain powered-lift might not yet exist. In such cases, the requirement for the Chief Pilot to have an ATP certificate with appropriate ratings means the Chief Pilot would need to hold an ATP certificate in the appropriate category of aircraft, as well as the appropriate class or type rating for the aircraft the certificate holder uses in conducting operations under part 121. If both a class and type rating exist for the aircraft, then the Chief Pilot must have both ratings.
This proposed rule would also clarify that the ATP certificate with appropriate ratings must be for an aircraft the certificate holder uses in operations “under part 121.” This clarification would ensure certificate holders who may hold authority to conduct operations under both part 121 and part 135 know that they must have a Chief Pilot who holds an ATP certificate with appropriate ratings for an aircraft used in part 121 operations. In the interest of ensuring clarity, this proposed rule would add the phrase “under part 121” to § 119.67(b)
tions “under part 121.” This clarification would ensure certificate holders who may hold authority to conduct operations under both part 121 and part 135 know that they must have a Chief Pilot who holds an ATP certificate with appropriate ratings for an aircraft used in part 121 operations. In the interest of ensuring clarity, this proposed rule would add the phrase “under part 121” to § 119.67(b).
Currently, a candidate who seeks to become a Chief Pilot must have a minimum of three years' experience as pilot-in-command of a large airplane operated under either part 121 or part 135, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes, then the Chief Pilot's experience as pilot-in-command may be in either small or large airplanes. As with the Director of Operations qualifications discussed previously, this proposed rule would amend “large airplane[s]” and “small airplane[s]” to “large aircraft” and “small aircraft.” These terms are defined at 14 CFR 1.1.
This proposed rule would require the Chief Pilot to have pilot-in-command experience in the category of aircraft for which he or she will exercise responsibility. In addition, the three years of experience as pilot-in-command must have occurred under either part 121 or part 135 and must have occurred within the past six years if the Chief Pilot candidate has not previously served as a Chief Pilot.
The FAA proposes to amend § 119.65(a)(3) to require one Chief Pilot for each category of aircraft because the Chief Pilot must have a detailed understanding of the particular aircraft the certificate holder operates. This level of expertise is a key component of the FAA's rationale for proposing one Chief Pilot for each category of aircraft the certificate holder uses; in this regard, the Chief Pilot's duties and responsibilities generally arise from the specific kind of aircraft with which the certificate holder provides air transportation services
g of the particular aircraft the certificate holder operates. This level of expertise is a key component of the FAA's rationale for proposing one Chief Pilot for each category of aircraft the certificate holder uses; in this regard, the Chief Pilot's duties and responsibilities generally arise from the specific kind of aircraft with which the certificate holder provides air transportation services. The agency has long emphasized that it adopted the Chief Pilot experience requirements to ensure familiarity with operations of a certificate holder, and that such familiarity is critical to attain prior to assuming the responsibilities of Chief Pilot. 15
15 See Provision for Deviations from Qualifications Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969).
Chief Pilots often oversee the development of policy in addition to holding individual pilots accountable for adherence to the certificate holder's manual and procedures. Operations of airplanes and powered-lift will likely be subject to provisions in the manuals that are distinct. For example, provisions in manuals concerning dispatch and flight release, flight operations, ground services and loading of the aircraft, fueling, deicing, ramp procedures, and various other critical aspects of operation within the manuals will require the Chief Pilot to have specialized knowledge relevant to the category of aircraft. Chief Pilots must also be able to communicate effectively with the pilots they supervise, especially concerning the certificate holder's training program for pilots. In this regard, training for powered-lift proficiency will be distinct from training for airplanes. Furthermore, Chief Pilots are involved in planning future routes and contracts for new aircraft, as well as overseeing compliance with flight and duty limitations that apply to the certificate holder
e pilots they supervise, especially concerning the certificate holder's training program for pilots. In this regard, training for powered-lift proficiency will be distinct from training for airplanes. Furthermore, Chief Pilots are involved in planning future routes and contracts for new aircraft, as well as overseeing compliance with flight and duty limitations that apply to the certificate holder. In addition, risk mitigation measures that certificate holders implement are distinct between categories of aircraft: A Chief Pilot who only has experience in airplanes may not have the skills to evaluate risk mitigation strategies necessary for powered-lift to operate safely.
In summary, having a Chief Pilot who is specifically qualified in the category of aircraft the certificate holder uses would ensure the certificate holder fulfills the standard of providing air transportation with the highest possible degree of safety. In proposing to amend part 119 to apply to operations of powered-lift, the FAA has also remained mindful of the discretion that § 119.65(b) provides, which allows the FAA to approve positions or numbers of positions other than those listed in § 119.65(a).
c. Director of Maintenance
Section 119.65 requires each certificate holder that conducts operations under part 121 to have a Director of Maintenance and § 119.67(c) provides the qualifications to serve as Director of Maintenance. This proposed rule would replace the term “airplane” in § 119.67(c) with “aircraft.”
Under § 119.67(c) each Director of Maintenance must hold a mechanic certificate with airframe and powerplant ratings, have one year of experience in a position responsible for returning airplanes to service, have at least one year of supervisory experience of a certain type in a role of maintaining the same category and class of airplane as the certificate holder uses, and have three years' experience within the preceding six years in maintaining or repairing airplanes
ficate with airframe and powerplant ratings, have one year of experience in a position responsible for returning airplanes to service, have at least one year of supervisory experience of a certain type in a role of maintaining the same category and class of airplane as the certificate holder uses, and have three years' experience within the preceding six years in maintaining or repairing airplanes. These requirements further specify that the experience with “maintaining large airplanes” must occur for large airplanes with 10 or more passenger seats in the same category and class of airplane the
This proposed change, therefore, would require the minimum one year of supervisory experience with either maintaining or repairing at least one of the aircraft in the same category and class of aircraft the certificate holder uses. Under this proposed rule, the Director of Maintenance would need to have accumulated three years of experience within the past six years in maintaining or repairing aircraft in the same category and class of aircraft the certificate holder uses. The term “category” in this context ( i.e., qualifications for Directors of Maintenance), would mean the grouping of aircraft based upon intended use or operating limitations. 16 The definition in 14 CFR 1.1 cites as examples: f transport, normal, utility, acrobatic, limited, restricted, and provisional. Similarly, the use of the term “class” in the context of § 119.67(c), means a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing. 17 The definition cites the following as examples of class: balloon, glider, landplane, rotorcraft, and seaplane.
16 14 CFR 1.1.
17 14 CFR 1.1.
These experience and qualification requirements within 119.67(c) are key components of ensuring the Director of Maintenance is adequately qualified to serve in the role of overseeing other mechanics and personnel performing maintenance
t, or landing. 17 The definition cites the following as examples of class: balloon, glider, landplane, rotorcraft, and seaplane.
16 14 CFR 1.1.
17 14 CFR 1.1.
These experience and qualification requirements within 119.67(c) are key components of ensuring the Director of Maintenance is adequately qualified to serve in the role of overseeing other mechanics and personnel performing maintenance. Aircraft that are configured with 10 or more passenger seats generally must comply with additional maintenance requirements. 18 Familiarity with these specific maintenance requirements, in addition to the generally applicable maintenance regulations and the certificate holder's operations, as required by § 119.65(d), is important in ensuring safety. In addition, experience maintaining or repairing aircraft in the same category and class will ensure the Director of Maintenance is knowledgeable about aspects of the specific aircraft that the certificate holder uses such as airworthiness standards, provisions in manuals, and general manufacturing practices. Directors of Maintenance generally oversee activities that involve such aircraft-specific aspects. The FAA believes experience with aircraft of the same category and class of aircraft the certificate holder uses would achieve the FAA's objective of ensuring the Director of Maintenance has appropriate experience with adhering to procedures and ensuring compliance with rules and programs relevant to maintenance.
18 14 CFR 135.411(a)(2); see also § 121.367.
d. Chief Inspector
Currently, a person who serves as a Chief Inspector must hold a mechanic certificate with both airframe and powerplant ratings, which he or she has held for at least 3 years
the Director of Maintenance has appropriate experience with adhering to procedures and ensuring compliance with rules and programs relevant to maintenance.
18 14 CFR 135.411(a)(2); see also § 121.367.
d. Chief Inspector
Currently, a person who serves as a Chief Inspector must hold a mechanic certificate with both airframe and powerplant ratings, which he or she has held for at least 3 years. Chief Inspectors must also have at least three years of experience with maintenance on different types of large airplanes with 10 or more passenger seats with a certificate holder or certificated repair station, one year of which must have been as a maintenance inspector and have at least one year of experience in a supervisory capacity maintaining the same category and class of aircraft as the certificate holder uses. Chief Inspectors have direct authority and responsibility over people performing the requisite inspections for the certificate holder.
This proposed rule would amend the section that sets forth qualifications for Chief Inspectors for certificate holders that conduct operations under part 121. The proposed amendment would permit the three years of maintenance experience to occur on different types of large aircraft with 10 or more passenger seats, rather than only large airplanes. This proposed amendment would be consistent with the other proposed changes of this rule that assist in incorporating powered-lift into the framework of part 121. As with the Director of Maintenance qualifications, this retention of the 10-seat threshold ensures the Chief Inspector will have experience with a maintenance program the certificate holder has developed and with which the certificate holder complies. 19 In addition, the use of the term “large aircraft” in this requirement refers to those aircraft that are more than 12,500 pounds at their maximum certificated takeoff weight. 20
19 14 CFR 135.411(a)(2); see also § 121.367.
20 See 14 CFR 1.1 (definition of “large aircraft”).
B
nce with a maintenance program the certificate holder has developed and with which the certificate holder complies. 19 In addition, the use of the term “large aircraft” in this requirement refers to those aircraft that are more than 12,500 pounds at their maximum certificated takeoff weight. 20
19 14 CFR 135.411(a)(2); see also § 121.367.
20 See 14 CFR 1.1 (definition of “large aircraft”).
B. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events
Commercial air tours are flights conducted for compensation or hire in an airplane or helicopter in which the purpose of the flight is sightseeing. 21 Passenger-carrying flights may also be conducted without compensation or hire for certain charitable, nonprofit, and community events. The FAA intends to incorporate powered-lift for commercial air tours and flights for the benefit of charitable, nonprofit or community events, and to revise the necessary provisions to address “rotorcraft” instead of “helicopter”. This will ensure consistency with the changes made to the definition of commercial air tour in part 110, as well as the change made to nonstop commercial air tours within § 119.1.
21 14 CFR 110.2 and 136.1(d). Some flights that are commercial air tours under part 136 or § 91.147 may also be subject to other requirements. For example, the requirements of 49 U.S.C. 40128 (“Overflights of national parks”) or 14 CFR part 93, subpart U (“Special Flight Rules in the Vicinity of Grand Canyon National Park, AZ”) refer to certain types of commercial air tours in “powered aircraft.” This proposed rule would not affect the applicability of any such requirements.
1. Regulatory Framework for Commercial Air Tours
The FAA regulates commercial air tours under part 136 and § 91.147
lights of national parks”) or 14 CFR part 93, subpart U (“Special Flight Rules in the Vicinity of Grand Canyon National Park, AZ”) refer to certain types of commercial air tours in “powered aircraft.” This proposed rule would not affect the applicability of any such requirements.
1. Regulatory Framework for Commercial Air Tours
The FAA regulates commercial air tours under part 136 and § 91.147. Part 136, subpart A, “National Air Tour Safety Standards,” currently applies to “each person operating or intending to operate a commercial air tour in an airplane or helicopter” as well as all occupants of the airplane or helicopter engaged in the air tour. 22 Part 136, subpart A, applies to part 121 or 135 operators conducting commercial air tours and holding a part 119 certificate. Section 91.147 applies to commercial air tour operators that do not hold a certificate under part 119.
22 Id. Section 136.1(a).
Only operators certificated under part 119 may conduct commercial air tours that: occur beyond 25 miles of the departure airport; start and end at different airports; occur in airplanes or helicopters configured to have more than 30 seats or payload capacity in excess of 7,500 pounds; or, subject to a limited exception, commercial air tours that occur over a unit of the national park system. 23 As a result, such commercial air tours must operate in accordance with either part 121, Operating Requirements: Domestic, Flag, and Supplemental Operations, or part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons on Board Such Aircraft
0 pounds; or, subject to a limited exception, commercial air tours that occur over a unit of the national park system. 23 As a result, such commercial air tours must operate in accordance with either part 121, Operating Requirements: Domestic, Flag, and Supplemental Operations, or part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons on Board Such Aircraft. As summarized above in section III.A.1 of this preamble, parts 121 and 135 contain various provisions applicable to certificate holders'
23 Section 136.37(g) permits commercial air tour operations over a national park to occur under the general operating rules of part 91 if (1) the air tour activity is permitted under part 119; (2) the operator secures a letter of agreement from the Administrator and the Superintendent for that park describing the conditions under which the operations will be conducted; and (3) the number of flights that occur under this exception does not exceed a total of 5 by all operators in a 30-day period over a particular park.
Section 91.147, Passenger Carrying Flights for Compensation or Hire, applies to air tour operators that take off and land at the same airport and stay within 25 miles of that airport. 24 Section 91.147(a) defines “operator” for purposes of § 91.147 and for purposes of drug and alcohol testing 25 as any person who conducts non-stop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d) when flights begin and end at the same airport and are conducted within a 25-statute mile radius of that airport. Under § 119.1(e)(2), nonstop commercial air tours are exempt from the applicability of part 119 as long as they are conducted in an airplane or helicopter having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds and meet the operational criteria described previously
hin a 25-statute mile radius of that airport. Under § 119.1(e)(2), nonstop commercial air tours are exempt from the applicability of part 119 as long as they are conducted in an airplane or helicopter having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds and meet the operational criteria described previously.
24 Section 119.1(e)(2) also states part 119 applies to commercial air tours that an operator conducts in accordance with part 136, subpart B, National Parks Air Tour Management, unless § 136.37(g)(2) excludes the operation from applicability. Section 119.1(e)(2) further provides separate applicability provisions for commercial air tours conducted in the vicinity of the Grand Canyon National Park, Arizona. None of these additional applicability provisions specify that they are limited to airplanes, helicopters, or any other specific type of aircraft. The FAA does not propose amendments to § 136.37(g)(2).
25 14 CFR 120.1(a) states, in part, that the requirements of part 120, Drug and Alcohol Testing Program, apply to all operators as defined in § 91.147.
2. Incorporation of New Types of Aircraft
Section 91.147 and the requirements of part 136, subpart A, are currently limited in applicability to airplanes and helicopters. The FAA has determined this scope is too narrow, as manufacturers may design and produce other rotorcraft and powered-lift that operators could use for commercial air tours. Consequently, the FAA is proposing to expand the applicability of part 136 by changing the term “helicopter” to “rotorcraft” and adding “powered-lift” to the applicability in § 136.1. Additionally, this proposed rule would replace “helicopter” with the term “rotorcraft” and add “powered-lift” to the relevant applicability provisions of § 91.147 to ensure the appropriate safety risk mitigations apply to all commercial air tours
sing to expand the applicability of part 136 by changing the term “helicopter” to “rotorcraft” and adding “powered-lift” to the applicability in § 136.1. Additionally, this proposed rule would replace “helicopter” with the term “rotorcraft” and add “powered-lift” to the relevant applicability provisions of § 91.147 to ensure the appropriate safety risk mitigations apply to all commercial air tours.
The FAA is proposing to change the term “helicopter” to “rotorcraft” throughout part 136 in order to ensure these safety standards of part 136 apply to other rotorcraft and not only helicopters. 26 Part 136 was promulgated to help prevent accidents and incidents that occur during commercial air tour operations and should therefore apply to more than just airplanes and helicopters. 27 In fact, these safety risk mitigations found within part 136 have proven to reduce incidents and accidents. 28 If the FAA does not expand part 136 to include “rotorcraft”, then the more stringent safety risk mitigations afforded in that part would not apply to the rotorcraft that currently conduct air tours under part 135. Applying the requirements of part 136 to airplanes, powered-lift, and rotorcraft that conduct commercial air tours is an appropriate step in ensuring safe integration of new types of aircraft.
26 Rotorcraft means “a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.” With respect to aircraft certification, rotorcraft are a “class” of aircraft as defined in § 1.1, while helicopters are a kind of rotorcraft. Section 1.1 defines “class” as “a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider, balloons, land plane, and seaplane.” Section 1.1 defines “helicopter” as “a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.” Helicopters and rotorcraft both depend principally on the rotors to provide lift to stay airborne
ouping of aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider, balloons, land plane, and seaplane.” Section 1.1 defines “helicopter” as “a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.” Helicopters and rotorcraft both depend principally on the rotors to provide lift to stay airborne.
27 The FAA acknowledges that gyroplanes are a kind of rotorcraft. This proposed rule would retain the language of § 136.1(c) that excludes gyroplanes from the applicability of part 136. Historically, gyroplanes have not been issued a standard airworthiness certificate, so the FAA still believes excluding those types of rotorcraft would be appropriate.
28 In the preamble to part 136, the FAA explained that the commercial air tour regulations had a positive impact on safety for these operations. “We believe there is a relationship between the imposition of a minimum, mandatory safety standard and the decrease in accidents.” 72 FR 6884, 6889 (Feb. 13, 2007).
The proposed use of the term “rotorcraft” will also ensure consistency with other applicability provisions found within some sections of parts 110, 119 and 135. Consistent with the approach described previously, the FAA will address operational requirements for powered-lift in the SFAR: Integration of Powered-Lift.
i. Suitable Landing Area for Emergencies
This proposed rule would amend the definition of the term “suitable landing area for helicopters,” codified at § 136.1. The current definition states such an area is one that provides the operator reasonable capability to land without damage to equipment or injury to persons. It further provides that such areas must be site-specific, designated by the operator, and accepted by the FAA
mergencies
This proposed rule would amend the definition of the term “suitable landing area for helicopters,” codified at § 136.1. The current definition states such an area is one that provides the operator reasonable capability to land without damage to equipment or injury to persons. It further provides that such areas must be site-specific, designated by the operator, and accepted by the FAA. The definition states that the purpose of the area is to provide an emergency landing area for a single-engine helicopter or a multiengine helicopter that does not have the capability to reach a safe landing area after an engine power loss. While no regulation within part 136 uses the term, operators may include the practice of designating suitable landing areas in their manuals.
As previously stated, the FAA believes manufacturers may design and produce other rotorcraft that could be used in commercial air tour operations. Therefore, this proposed rule would broaden the applicability to incorporate rotorcraft to ensure they are subject to the safety standards of part 136.
The FAA's purpose in providing the definition is to ensure operators designate potential landing areas in advance of an operation, as such designation reduces the risk of a major accident because the pilot-in-command is aware of potential sites for emergency landings. Given this focus on emergencies, the FAA has determined reference to “damage to equipment” in the current text of the definition is neither practical nor appropriate. The use of the term in the definition is not consistent with the purpose of the definition, which is to apply to the occurrence of emergency situations. The FAA expects operators to be able to designate a site-specific landing area that, when used, would not cause serious injury to persons, irrespective of aircraft damage
in the current text of the definition is neither practical nor appropriate. The use of the term in the definition is not consistent with the purpose of the definition, which is to apply to the occurrence of emergency situations. The FAA expects operators to be able to designate a site-specific landing area that, when used, would not cause serious injury to persons, irrespective of aircraft damage. Accordingly, the FAA proposes to remove the phrase “damage to equipment” from the definition of “suitable landing area,” and add “serious” before “injury.” It is impracticable to expect that an emergency landing will never result in some degree of injury, even minor, should the aircraft have to land in a suitable landing area. Therefore, the FAA intends that suitable landing areas are appropriate for rotorcraft to land without causing serious injury to persons.
The FAA further proposes to remove the last sentence of the definition that states the purpose of the definition is to provide an emergency landing area for helicopters that would not have the capability to reach a safe landing area after an engine power loss. The FAA has determined this sentence is too narrow. Removing this sentence allows operators to identify landing areas that could be used in any emergency not only in the case of an engine power loss. The new definition would include the phrase “in an emergency” to describe the context for which the FAA would
ii. Rotorcraft Floats for Over Water
Section 136.11 currently permits single-engine helicopters in commercial air tours to operate over water beyond the shoreline only when they are equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching
ew definition would include the phrase “in an emergency” to describe the context for which the FAA would
ii. Rotorcraft Floats for Over Water
Section 136.11 currently permits single-engine helicopters in commercial air tours to operate over water beyond the shoreline only when they are equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching. Similarly, multiengine helicopters that cannot be operated with the critical engine inoperative at a weight that will allow it to climb at least 50 feet a minute at an altitude of 1,000 feet above the surface with the critical engine inoperative as provided in the Rotorcraft Flight Manual (RFM) also must be equipped with fixed floats or an inflatable flotation system. Those helicopters that are equipped with flotation systems must have an activation switch for the flotation system on one of the primary flight controls and the system must be armed when the helicopter is over water and flying at a speed that does not exceed the maximum speed prescribed in the RFM. These requirements, however, do not apply to operations over water only during the takeoff and landing portions of flight or to operations within the power-off gliding distance to the shoreline for the duration of the flight and when each occupant is wearing a life preserver from before takeoff until the aircraft is no longer over water.
Extending the aforementioned requirements to rotorcraft operations that occur under part 136 would mitigate the risks associated with emergency water landings as the risks that are present in commercial air tours that occur in helicopters are the same as other rotorcraft in such scenarios. The FAA identified this mitigation when promulgating § 135.168. The overwater safety equipment requirements of § 135.168 apply to rotorcraft when they are operated beyond the autorotational distance from the shoreline. Therefore, the FAA proposes to broaden the applicability of § 136.11 to include rotorcraft
al air tours that occur in helicopters are the same as other rotorcraft in such scenarios. The FAA identified this mitigation when promulgating § 135.168. The overwater safety equipment requirements of § 135.168 apply to rotorcraft when they are operated beyond the autorotational distance from the shoreline. Therefore, the FAA proposes to broaden the applicability of § 136.11 to include rotorcraft.
Additionally, § 136.11(b)(2), does not include a reference to “beyond the shoreline”. The FAA proposes to add this reference to clarify the requirement to have the flotation system armed when the aircraft is over water beyond the shoreline. Part 136 already contains a definition of “shoreline,” codified at § 136.1; the use of this term in § 136.11 is appropriate because it broadly includes any area of land adjacent to water of an ocean, sea, lake, pond, river, or tidal basin that is above the high-water mark. The definition excludes land areas unsuitable for landing, such as vertical cliffs or land intermittently under water during flight. When a commercial air tour proceeds over water beyond the shoreline, flotation systems must be armed because flotation systems increase the chance of survival if a rotorcraft must ditch in the water and keeping a flotation system armed ensures an appropriate level of preparedness. Requiring that the flotation system is armed and that the activation switch is located on one of the primary flight controls is in response to a National Transportation Safety Board report that investigated the air tour industry. 29 The NTSB stated that the opportunity for a successful ditching is reduced if the pilot must interrupt maneuvering of the helicopter during the critical final phase of an emergency water landing
on system is armed and that the activation switch is located on one of the primary flight controls is in response to a National Transportation Safety Board report that investigated the air tour industry. 29 The NTSB stated that the opportunity for a successful ditching is reduced if the pilot must interrupt maneuvering of the helicopter during the critical final phase of an emergency water landing. 30 “The problem can be resolved by requiring that helicopters operated over water with flotation equipment installed be equipped with activation systems located on primary flight controls.” 31 For the foregoing reasons, the FAA's proposed updates to this section would apply these requirements to rotorcraft to require flotation systems remain armed at the appropriate time.
29 See NTSB, Safety of the Air Tour Industry in the United States, NTSB/SIR/-95/01 (Jun. 1, 1995).
30 Id. at 3.
31 Id.
iii. Performance Plans
This proposed rule would amend § 136.13(a) by changing the term helicopter to rotorcraft for the reasons already cited. This proposed rule would amend the text in § 136.13(a) to require operators to base performance plans on information derived from the “approved aircraft flight manual for that aircraft”. Using this term is consistent with the reference to aircraft flight manual in § 135.81.
Section 136.13(a) currently requires commercial air tour operators to complete helicopter performance plans before each operation that will occur under part 136. 32 The pilot-in-command of the operation must review the plan for accuracy and comply with it for each flight. Such performance plans are a key component of mitigating the risk of commercial air tour operations, as they require the pilot-in-command to be prepared to respond to unforeseen events.
32 This requirement also applies to operations that occur under § 91.146 (“Passenger-carrying flights for the benefit of a charitable, non-profit, or community event”) and § 91.147 (“Passenger carrying flights for compensation or hire”).
iv
ey component of mitigating the risk of commercial air tour operations, as they require the pilot-in-command to be prepared to respond to unforeseen events.
32 This requirement also applies to operations that occur under § 91.146 (“Passenger-carrying flights for the benefit of a charitable, non-profit, or community event”) and § 91.147 (“Passenger carrying flights for compensation or hire”).
iv. Commercial Air Tours in Hawaii
Appendix A to part 136 applies to airplane and helicopter tours in Hawaii. The safety standards in part 136 are specific to commercial air tours and provide additional risk mitigations for those operations. As stated in the National Air Tour Safety Standards final rule, FAA believes that minimum, mandatory safety standards directly relate to a decrease in the occurrence of accidents. 33 Therefore, subjecting powered-lift and rotorcraft to these safety standards is appropriate, to ensure air tour operations would not pose additional safety risks.
33 72 FR 6883, at 6889.
Appendix A previously existed as Special Federal Aviation Regulation (SFAR) No. 71. 34 As explained in the part 136 discussion above, in 2007, when the FAA last amended part 136, the FAA explained that many air tour operations occur in Hawaii and the Grand Canyon, and that the rules of SFAR No. 71 had improved safety. 35 The FAA explained more restrictive altitude standards apply to air tours in Hawaii because a large number of commercial air tour flights occur “in a relatively small amount of airspace” and other demonstrated hazards exist. 36 As one commenter noted, many Hawaiian operations occur over large bodies of water and water conditions in Hawaii are “rough, unlike the conditions in other parts of the country” in which operators conduct air tours. 37 The appendix A requirements are equally important for air tour operations in aircraft other than helicopters
ively small amount of airspace” and other demonstrated hazards exist. 36 As one commenter noted, many Hawaiian operations occur over large bodies of water and water conditions in Hawaii are “rough, unlike the conditions in other parts of the country” in which operators conduct air tours. 37 The appendix A requirements are equally important for air tour operations in aircraft other than helicopters. The FAA's rationale for extending the requirements and provisions of appendix A to aircraft other than helicopters remains consistent with the rationale the FAA expressed in its 2007 rule.
34 Air Tour Operators in the State of Hawaii, 59 FR 49138 (1994).
35 72 FR at 6889 (acknowledging that while multiple reasons existed for the accident rate improvement in Hawaii and other parts of the country, the provisions of SFAR No. 71 had a positive impact on safety).
36 Id. at 6891.
37 Id. at 6903.
Section 1 of appendix A (“Applicability”) currently states, “[t]his appendix prescribes operating rules for airplane and helicopter visual flight rules air tour flights conducted in the State of Hawaii under 14 CFR parts 91, 121, and 135.” 38 The appendix also defines “air tour” as “any sightseeing flight conducted under visual flight 39 Based on the uses of the specific terms “airplane” and “helicopter,” the appendix does not apply to other types of aircraft, such as powered-lift and rotorcraft that are not helicopters.
38 The section includes a paragraph that specifically excludes from its applicability “[f]lights conducted in gliders or hot air balloons.” 14 CFR part 136, App. A. at § 1(b).
39 Id. § 2.
Amending the applicability of appendix A to incorporate powered-lift and rotorcraft would apply the minimum flight altitude limitations to other categories of aircraft seeking to conduct air tours in Hawaii
38 The section includes a paragraph that specifically excludes from its applicability “[f]lights conducted in gliders or hot air balloons.” 14 CFR part 136, App. A. at § 1(b).
39 Id. § 2.
Amending the applicability of appendix A to incorporate powered-lift and rotorcraft would apply the minimum flight altitude limitations to other categories of aircraft seeking to conduct air tours in Hawaii. As with the applicability of part 136, subpart A, and § 91.147, the FAA has determined the existing criteria and requirements for helicopters of appendix A, section 1(a) remain appropriate for powered-lift and rotorcraft. In this regard, the FAA has determined it is reasonable to continue to exclude any aircraft that has a passenger-seat configuration of more than 30 seats or a payload capacity that exceeds 7,500 pounds, as part 121 would govern such operations. As described previously, the SFAR: Integration of Powered-Lift will include proposals for applying specific operating rules to powered-lift in accordance with this appendix.
This proposed rule would also amend the references to RFMs currently within section 4 of the subpart. As with the amendment to § 136.13, described above in section III.B.2.iii of this preamble, using this term is consistent with the reference to Aircraft Flight Manual in § 135.81. Accordingly, the FAA proposes to include the term “aircraft flight manual” in the regulatory text.
Finally, the FAA proposes to amend part 136 by re-codifying appendix A as a new subpart and applying the requirements to operations of powered-lift and rotorcraft.
3. Flights for the Benefit of Charitable, Nonprofit, or Community Events
Operators that conduct passenger-carrying flights for certain charitable, nonprofit, and community events are conducted in accordance with § 91.146
ory text.
Finally, the FAA proposes to amend part 136 by re-codifying appendix A as a new subpart and applying the requirements to operations of powered-lift and rotorcraft.
3. Flights for the Benefit of Charitable, Nonprofit, or Community Events
Operators that conduct passenger-carrying flights for certain charitable, nonprofit, and community events are conducted in accordance with § 91.146. Similar to § 91.147, the terms of § 91.146 require flights conducted under § 91.146 be nonstop and begin and end at the same airport, not proceed further than a 25-statute-mile radius of that airport, utilize only a public airport adequate for the aircraft used in the operation, have no more than 30 seats (excluding crewmember seats) and a maximum payload capacity of 7,500 pounds, not be an aerobatic or formation flight, hold a standard airworthiness certificate, occur only in day visual flight rules conditions, and fulfill other criteria. Section 91.146 excludes these flights from the applicability of part 119 and requires each flight conducted under § 91.146 occur in accordance with the safety provisions of part 136, subpart A. Moreover, passenger-carrying flights or series of flights cannot exceed four charitable events or non-profit events per year.
The FAA proposes amending § 91.146 in a manner similar to the amendments the FAA proposes to make to § 91.147. The FAA's oversight of such flights is generally consistent with the level of oversight the FAA applies to commercial air tour flights under § 91.147. As with the proposed amendment to § 91.147, the FAA expects that expanding the scope of § 91.146 to allow for powered-lift and rotorcraft flights in furtherance of charitable, nonprofit, and community events will enable innovative, efficient options while ensuring safety.
IV. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements
ent to § 91.147, the FAA expects that expanding the scope of § 91.146 to allow for powered-lift and rotorcraft flights in furtherance of charitable, nonprofit, and community events will enable innovative, efficient options while ensuring safety.
IV. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate that may result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). The current threshold after adjustment for inflation is $165 million using the most current (2021) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule
l governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). The current threshold after adjustment for inflation is $165 million using the most current (2021) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule.
In conducting these analyses, the FAA has determined that this proposed rule (1) will have benefits that justify its costs, (2) will not be an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866, (3) will not be “significant” as defined in DOT's Regulatory Policies and Procedures; (4) will not have a significant economic impact on a substantial number of small entities; (5) will not create unnecessary obstacles to the foreign commerce of the United States; and (6) will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector by exceeding the threshold identified above.
A. Regulatory Evaluation
This proposed rule would enable operations of powered-lift to occur in accordance with 49 U.S.C. 44701(d), 44705, and 44711. Currently, the FAA's rules governing certificate holders' operations only apply to airplanes and rotorcraft, and do not mention powered-lift. The proposed rule would amend the definitions for the five kinds of operations codified at § 110.2—commuter, domestic, flag, on-demand, and supplemental—to ensure the operations occur in accordance with the statutory mandates, and to apply the appropriate set of operating rules to operations in powered-lift. The proposed rule would also amend the appropriate applicability of sections within part 119 to enable powered-lift, subject to applicable exemptions, to conduct air carrier and certain other commercial operations, commercial air tours, and noncommon carriage operations
cur in accordance with the statutory mandates, and to apply the appropriate set of operating rules to operations in powered-lift. The proposed rule would also amend the appropriate applicability of sections within part 119 to enable powered-lift, subject to applicable exemptions, to conduct air carrier and certain other commercial operations, commercial air tours, and noncommon carriage operations.
The proposed rule would also amend certain aircraft-specific exceptions from the applicability of part 119. Furthermore, this proposed rule would alter the requirements for management personnel in certain certificate holder management positions to ensure personnel have appropriate experience. This proposed rule would extend the applicability of certain operating rules that apply to commercial air tours such that they would apply to operators that conduct flights in powered-lift and rotorcraft. Finally, this proposed rule would make various additional amendments in the interest of ensuring clarity. By including powered-lift in the existing operational framework, the proposed rule would not result in a reduction in safety because it maintains the risk-based approach to safety. When operations present a higher level of risk, based on volume and frequency, the FAA subjects such operations to a regulatory framework that mitigates those risks.
The current parameters for determining whether a certificate holder is conducting operations under parts 121, 125, or 135 would be identical for certificate holders using powered-lift in their operations under this proposed
Parameter Passenger Scheduled Nonscheduled Cargo Scheduled/ nonscheduled Non-common carriage Part 135 Operating Rules * Passenger Seating <= 9 seats <= 30 seats NA < 20 seats. Maximum Payload <= 7,500 lbs. <= 7,500 lbs < 6,000 lbs. Kind of Operation Pt 135 Commuter if 5 or more roundtrips/week; otherwise, Pt 135 On Demand Pt 135 On Demand Pt 135 On Demand Pt 135 On Demand. Aircraft Type NonTurbojet Includes Turbojet Includes Turbojet Includes Turbojet
led/ nonscheduled Non-common carriage Part 135 Operating Rules * Passenger Seating <= 9 seats <= 30 seats NA < 20 seats. Maximum Payload <= 7,500 lbs. <= 7,500 lbs < 6,000 lbs. Kind of Operation Pt 135 Commuter if 5 or more roundtrips/week; otherwise, Pt 135 On Demand Pt 135 On Demand Pt 135 On Demand Pt 135 On Demand. Aircraft Type NonTurbojet Includes Turbojet Includes Turbojet Includes Turbojet. Part 121 Operating Rules Part 125 Passenger Seating > 9 seats > 30 seats NA >= 20 seats. Maximum Payload > 7,500 lbs. > 7,500 lbs >= 6,000 lbs. Kind of Operation Part 121 Domestic if flown within the 48 contiguous United States or DC; otherwise, Part 121 Flag Part 121 Supplemental Part 121 Supplemental Part 125. Aircraft Type Includes Turbojet Includes Turbojet Includes Turbojet. * All Rotorcraft Operations are conducted under Part 135. NA= Not applicable. The table below lists the proposed amendments. The first column identifies the part and section the FAA proposes to amend while the second column describes the change from the current state. The third column briefly describes the proposed change as either enabling, relieving, constraining, or as a technical amendment.
Section Proposed change Impact PART 91—GENERAL OPERATING AND FLIGHT RULES Subpart B—Flight Rules § 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event The proposed regulatory text would be revised to allow passenger-carrying flights for the benefit of a charitable, nonprofit, or community event to be conducted with powered-lift. The section would also be amended to replace the term “helicopters” with “rotorcraft” Enabling. § 91.147 Passenger-carrying flights for compensation or hire The proposed regulatory text would be revised to allow passenger-carrying flights for compensation or hire to be conducted with powered-lift. The section would also be amended to replace the term “helicopters” with “rotorcraft” Enabling
-lift. The section would also be amended to replace the term “helicopters” with “rotorcraft” Enabling. § 91.147 Passenger-carrying flights for compensation or hire The proposed regulatory text would be revised to allow passenger-carrying flights for compensation or hire to be conducted with powered-lift. The section would also be amended to replace the term “helicopters” with “rotorcraft” Enabling. PART 91—GENERAL OPERATING AND FLIGHT RULES Subpart K—Fractional Ownership Operation § 91.1015 Management specifications The proposed regulatory text would replace the requirement for operations specifications to contain copies of all deviations and exemptions (including those applicable to a specific aircraft) with a requirement to include deviations and exemptions applicable only to the operator or airmen Relieving. PART 110—GENERAL REQUIREMENTS § 110.2 Definitions Certain definitions in this section would be revised to enable powered lift to conduct the kinds of air carrier operations Enabling. PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Subpart A—General § 119.1 Applicability Section 119.1(a) would be revised to incorporate powered-lift with seating for 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, of certificate holders when common carriage is not involved Section 119.1(e) would include powered-lift and rotorcraft in the list of certain, specific types of operations that are excluded from the applicability of part 119 Enabling. Section § 119.1(a) would be corrected to include certain airplanes and powered-lift with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds to be consistent with the existing § 119.23 Technical amendment
e powered-lift and rotorcraft in the list of certain, specific types of operations that are excluded from the applicability of part 119 Enabling. Section § 119.1(a) would be corrected to include certain airplanes and powered-lift with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds to be consistent with the existing § 119.23 Technical amendment. § 119.5 Certifications, authorizations, and prohibitions Section 119.5 would be revised to incorporate powered-lift with seating for 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, into the aircraft types authorized by the Administrator to be issued an operating certificate for conducting operations when common carriage is not involved Enabling. PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Subpart B—Applicability of Operating Requirements to Different Kinds of Operations Under Part 121, 125, and 135 of This Chapter § 119.21 Commercial operators engaged in intrastate common carriage and direct air carriers Section 119.21(a) would be revised to require commercial operators of powered-lift that are engaged in intrastate common carriage of persons or property for compensation or hire, or as a direct air carrier, to comply with either part 121 or part 135 depending on the kind of operation they conduct. Domestic, flag, and supplemental operations are to be conducted under part 121. Commuter and on-demand operations are to be conducted under part 135 Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on similar operators. No additional regulatory cost. § 119.23 Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved Section 119.23(a) would be revised to require commercial operators of powered-lift when common carriage is not involved to comply in accordance with requirements in either part 125 or part 135
rrently imposed on similar operators. No additional regulatory cost. § 119.23 Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved Section 119.23(a) would be revised to require commercial operators of powered-lift when common carriage is not involved to comply in accordance with requirements in either part 125 or part 135. Aircraft size in terms of number of seats and payload capacity determines which part is applicable to the operator Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on similar operators. No additional regulatory cost. § 119.49 Contents of operations specifications The proposed regulatory text would replace the requirement for a certificate holder's operations specifications to contain copies of all deviations and exemptions (including those applicable to a specific aircraft) with a requirement to include deviations and exemptions applicable only to the operator or airmen Relieving. § 119.65 Management personnel required for operations conducted under part 121 of this chapter The proposed rule would require certificate holders have a Chief Pilot, as qualified under § 119.67, for each category of aircraft the certificate holder uses. The proposed rule would continue to permit the Administrator to approve positions or numbers of positions other than those described in the regulation, based in part on the number and type of aircraft used Potential cost only if a certificate holder uses both powered-lift and airplanes. Amendment requires a part 121 certificate holder to have a Chief Pilot for each category of aircraft in the certificate holder's fleet. The proposed rule's reference to “category” would mean a broad classification of aircraft such as airplane and powered-lift
ion, based in part on the number and type of aircraft used Potential cost only if a certificate holder uses both powered-lift and airplanes. Amendment requires a part 121 certificate holder to have a Chief Pilot for each category of aircraft in the certificate holder's fleet. The proposed rule's reference to “category” would mean a broad classification of aircraft such as airplane and powered-lift. § 119.67 Management personnel: Qualifications for operations conducted under part 121 of this chapter Director of Operations: The proposed regulatory text for the Part 121 certificate holder Director of Operations management position is restructured for clarity. It also replaces the term “airplane” with “aircraft” Chief Pilot: The proposed regulatory text is restructured for clarity and replaces “airplanes” with “aircraft,” which could encompass airplanes and powered-lift. The amendment also requires the holder(s) of the Chief Pilot position for a Part 121 certificate holder to have an airline transport pilot (ATP) certificate, with appropriate ratings, for at least one of the aircraft within each category of the certificate holder's fleet. Similarly, the Chief Pilot will need the Pilot in Command time as the current regulation states Director of Maintenance: The proposed regulatory text replaces “airplanes” with “aircraft,” which could encompass airplanes and powered-lift Chief Inspector: The proposed regulatory text is restructured for clarity and replaces “airplanes” with “aircraft,” which could encompass airplanes and powered-lift Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost
aft,” which could encompass airplanes and powered-lift Chief Inspector: The proposed regulatory text is restructured for clarity and replaces “airplanes” with “aircraft,” which could encompass airplanes and powered-lift Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart A—General § 121.1 Applicability The proposed regulatory text replaces “airplanes” with “aircraft” that certificate holders would take actions to support continued airworthiness of each aircraft, which includes powered-lift used in domestic, flag, or supplemental operations as defined in § 110.2 Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. § 121.1(c) Applicability The proposed regulatory text makes a technical correction to section 121.1(c) by removing “SFAR No. 58” and replacing it with “subpart Y” which was codified on September 16, 2005 No impact—technical amendment. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart Q—Flight Time Limitations and Rest Requirements: Domestic Operations § 121.470 Applicability The proposed regulatory text of paragraph (a) would replace “airplanes” with “aircraft” to permit certificate holders using powered-lift in domestic, all-cargo operations of a certain size, to adhere to the requirements of §§ 135.261 through 135.272. These requirements set forth flight time limitations and rest requirements
tations and Rest Requirements: Domestic Operations § 121.470 Applicability The proposed regulatory text of paragraph (a) would replace “airplanes” with “aircraft” to permit certificate holders using powered-lift in domestic, all-cargo operations of a certain size, to adhere to the requirements of §§ 135.261 through 135.272. These requirements set forth flight time limitations and rest requirements. In addition, paragraph (b) would permit certificate holders that conduct scheduled operations entirely within Alaska or Hawaii using specific size aircraft to have the option of complying with subpart R of part 121 for those operations Provides options to certificate holders using powered-lift in operations under part 121 that are equivalent to the options currently allowed. No additional regulatory cost. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart R—Flight Time Limitations and Rest Requirements: Flag Operations § 121.480 Applicability The proposed regulatory text would replace “airplanes” with “aircraft” to permit certificate holders using powered-lift in flag, all-cargo operations, and operations of a certain size to adhere to the requirements of §§ 135.261 through 135.273. These requirements set forth flight time limitations and rest requirements Provides options to certificate holders using powered-lift in operations under part 121 that are equivalent to the options currently allowed. No additional regulatory cost. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart S—Flight Time Limitations and Rest Requirements: Supplemental Operations § 121.500 Applicability The proposed regulatory text would replace “airplanes” with “aircraft” to permit certificate holders using powered-lift in supplemental, all-cargo operations, of a certain size, to adhere to the requirements of §§ 135.261 through 135.273
REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart S—Flight Time Limitations and Rest Requirements: Supplemental Operations § 121.500 Applicability The proposed regulatory text would replace “airplanes” with “aircraft” to permit certificate holders using powered-lift in supplemental, all-cargo operations, of a certain size, to adhere to the requirements of §§ 135.261 through 135.273. These requirements set forth flight time limitations and rest requirements Provides options to certificate holders using powered-lift in operations under part 121 that are equivalent to the options currently allowed. No additional regulatory cost. PART 125—CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT § 125.1 Applicability Part 125 applies only to noncommon carriage operations conducted with airplanes that have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more. Noncommon carriage operations are those that occur for compensation or hire “that does not involve a holding out to others.” Operators that conduct noncommon carriage do not exhibit a willingness to transport people or property indiscriminately. As a result, they do not advertise, sell seats on a planned flight, or negotiate trip details. The proposed rule would amend § 125.1 to incorporate powered lift into the statements regarding applicability of part 125 Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost
y. As a result, they do not advertise, sell seats on a planned flight, or negotiate trip details. The proposed rule would amend § 125.1 to incorporate powered lift into the statements regarding applicability of part 125 Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. § 125.23 Rules applicable to operations subject to this part This proposed rule would also amend § 125.23 to change the word “airplane” to “aircraft,” as § 125.23 generally addresses applicability of certain rules and standards concerning operations Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT Subpart A—National Air Tour Safety Standards § 136.1 Applicability and definitions The proposed change incorporates powered-lift and rotorcraft alongside airplanes for applicability of Part 136—Commercial Air Tours and National Parks Air Tour Management—Subpart A Enabling. § 136.3 Letters of Authorization The proposed change would be a technical amendment that changes the phrase “14 CFR 119.51” to “§ 119.51 of this chapter” No impact—technical amendment. § 136.5 Additional requirements for Hawaii The proposed amendment would be updated to reflect the recodification of Appendix A as Subpart D No impact—technical amendment. § 136.9 Life preservers for operations over water The proposed amendment to § 136.9 ensures the safety of each occupant for operations over water by requiring a multi-engine aircraft to be operated at a weight as provided in the approved aircraft flight manual for that aircraft Enabling—no impact over and above current requirements
fication of Appendix A as Subpart D No impact—technical amendment. § 136.9 Life preservers for operations over water The proposed amendment to § 136.9 ensures the safety of each occupant for operations over water by requiring a multi-engine aircraft to be operated at a weight as provided in the approved aircraft flight manual for that aircraft Enabling—no impact over and above current requirements. § 136.11 Rotorcraft floats for over water The section title and this section would be revised to extend to other rotorcraft, the requirements for helicopter floats for operations that occur overwater beyond the shoreline Enabling—no impact over and above current requirements. § 136.13 Performance plan and operations The section title and this section would be revised to extend requirements for helicopter performance plans to rotorcraft. The performance plan must be based on information in the approved Aircraft Flight Manual for that aircraft Enabling—no impact over and above current requirements. Subpart D —Special Operating Rules for Air Tour Operators in the State of Hawaii This amendment recodifies “Appendix A” as “Subpart D” and extends the applicability of operating rules for Air Tour Operators in the State of Hawaii to include operations conducted with powered-lift and rotorcraft Enabling—no impact over and above current requirements. 1. Benefits
This proposed rule would enable air carrier and other commercial operations of powered-lift to occur by extending the applicability of the appropriate set of operating rules that would apply both risk mitigation measures and a framework for FAA oversight, as necessary to ensure safety.
Operations that occur with powered-lift could offer many benefits. For example, some powered-lift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than helicopters, yet they maintain the capability of taking off and landing vertically
ing rules that would apply both risk mitigation measures and a framework for FAA oversight, as necessary to ensure safety.
Operations that occur with powered-lift could offer many benefits. For example, some powered-lift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than helicopters, yet they maintain the capability of taking off and landing vertically. The faster cruise speeds and range could also improve response times by as much as 50 percent for search and rescue operations and allow a higher level of life-saving care during transport because of a smoother flight profile compared to helicopters. 40 In addition powered-lift operations could increase the efficiency of crew transport to oil rigs as they move further from land, or other offshore locations with smaller landing areas. Certificate holders may also seek to use powered-lift for transporting passengers point-to-point; for example, transportation could occur from a heliport and proceed at turbo-prop airspeeds and ranges. Using powered-lift for transport of passengers could increase the capacity of the NAS and reduce delays without requiring additional infrastructure. 41
40 Military, GLOBALSECURITY.ORG (last visited August 22, 2022), available at https://www.globalsecurity.org/military/world/europe/aw609.htm .
41 Costa, Guillermo J., Conceptual Design of a 150-Passenger Civil Tiltrotor, NASA Ames Research Center—Aeromechanics Branch (Aug. 2012), (last visited August 22, 2022) available at https://rotorcraft.arc.nasa.gov/Publications/files/Guillermo_Costa_TR150_Paper.pdf .
Powered-lift projects exist that are either in certification, design, proof of concept, or prototype phases of design refinement. One project underway is a 9-passenger tilt-rotor turboshaft design. This manufacturer is also in the conceptual design phase of a 20-
2
, (last visited August 22, 2022) available at https://rotorcraft.arc.nasa.gov/Publications/files/Guillermo_Costa_TR150_Paper.pdf .
Powered-lift projects exist that are either in certification, design, proof of concept, or prototype phases of design refinement. One project underway is a 9-passenger tilt-rotor turboshaft design. This manufacturer is also in the conceptual design pha

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2022-25711. Check the current official text before relying on it. Not legal advice.