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Proposed Rule2023-11497

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

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Published

June 14, 2023

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

This action proposes a Special Federal Aviation Regulation for alternate eligibility requirements to safely certificate initial groups of powered-lift pilots, as well as determine which operating rules apply to powered-lift on a temporary basis to enable the FAA to gather additional information and determine the most appropriate permanent rulemaking path for these aircraft. Powered-lift will be type certificated as special class aircraft under the existing regulations. Currently, there is not an established path for civilian pilots to be certificated with a powered-lift category rating. The general and commercial operating regulations do not contemplate operation of powered-lift. In addition to proposed changes for powered-lift, this action also proposes changes that would affect practical tests in aircraft that require type ratings, including airplanes and helicopters, training center rotorcraft instructor eligibility, training, and testing requirements, and training center use of rotorcraft in flight instruction.

Full Text

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[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Proposed Rules]
[Pages 38946-39105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11497]

[[Page 38945]]

Vol. 88

Wednesday,

No. 114

June 14, 2023

Part II

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 1, 43, 60, et al.

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

Federal Register / Vol. 88 , No. 114 / Wednesday, June 14, 2023 /
Proposed Rules

[[Page 38946]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

[Docket No. FAA-2023-1275; Notice No. 23-8]
RIN 2120-AL72

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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes a Special Federal Aviation Regulation for
alternate eligibility requirements to safely certificate initial groups
of powered-lift pilots, as well as determine which operating rules
apply to powered-lift on a temporary basis to enable the FAA to gather
additional information and determine the most appropriate permanent
rulemaking path for these aircraft. Powered-lift will be type
certificated as special class aircraft under the existing regulations.
Currently, there is not an established path for civilian pilots to be
certificated with a powered-lift category rating. The general and
commercial operating regulations do not contemplate operation of
powered-lift. In addition to proposed changes for powered-lift, this
action also proposes changes that would affect practical tests in
aircraft that require type ratings, including airplanes and
helicopters, training center rotorcraft instructor eligibility,
training, and testing requirements, and training center use of
rotorcraft in flight instruction.

DATES: Send comments on or before August 14, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1275
using any of the following methods:
Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> at any time. Follow the online
instructions for accessing the docket or go to the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Christina Grabill, AFS-810, Federal
Aviation Administration, 800 Independence Ave. SW, Washington, DC
20591; telephone (202) 267-1110; email <a href="/cdn-cgi/l/email-protection#80e3e8f2e9f3f4e9eee1aee7f2e1e2e9ececc0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="ef8c879d869c9b86818ec1889d8e8d868383af898e8ec1888099">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
A. Aircraft Certification
B. Airman Certification
C. Operational Requirements
D. International Operation of Powered-Lift
E. Summary of the Costs and Benefits
F. SFAR Framework and Duration
II. Authority for This Proposed Rulemaking
III. Background
A. General
B. Related Rulemakings
C. Part 1 Considerations
IV. Powered-Lift Type Certification and FSTD Qualification
A. Type Certification
B. Noise Considerations
C. Qualification of Powered-Lift Flight Simulation Training
Devices (FSTD)
V. Certification of Powered-Lift Pilots
A. Establish a Type Rating Requirement for Persons Seeking To
Act as PIC of Powered-Lift
B. Applicability of the Type Rating Requirement to Military
Pilots
C. Applicability of the SIC Qualification Requirements of Sec.
61.55 to Powered-Lift
D. Supervised Operating Experience Requirements of Sec. 61.64
E. Establish an Alternate Pathway for Pilot Certification
F. Training in an Approved Program Under Parts 135, 141, and 142
G. Practical Tests
H. Miscellaneous Amendments
I. Part 135 Pilot Qualifications
J. Part 142 Training Centers
K. Subpart K of Part 91 Pilot Qualifications
L. Summary of Proposed Regulatory Changes for Airmen
VI. Operational Rules for Powered-Lift
A. Introduction
B. Part 91 Rules for Powered-Lift
C. Part 97 Rules for Powered-Lift
D. Part 135 Rules for Powered-Lift
E. Part 136 Rules for Powered-Lift
F. Part 43 Applicability to Powered-Lift
G. Pilot Records Database
VII. Air Traffic Operations
VIII. International Operations for Powered-Lift
A. Personnel Licensing
B. Operations of Aircraft
C. Airworthiness of Aircraft
IX. Regulatory Notices and Analyses
A. Data and Assumptions
B. Summary of the Regulatory Impact Analysis
C. Regulatory Flexibility Act
D. International Trade Impact Assessment
E. Unfunded Mandates Assessment
F. Paperwork Reduction Act
G. International Compatibility
H. Environmental Analysis
I. Regulations Affecting Intrastate Aviation in Alaska
X. Executive Order Determinations
A. Executive Order 14036, Promoting Competition in the United
States Economy
B. Executive Order 13985, Advancing Racial Equity and Support
for Underserved Communities Through the Federal Government
C. Executive Order 13132, Federalism
D. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
E. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
F. Executive Order 13609, Promoting International Regulatory
Cooperation
XI. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
D. Small Business Regulatory Enforcement Fairness Act

Abbreviations and Acronyms Used in This Document

ACO--Aircraft Certification Office
ACS--Airman Certification Standards
ALPA--Air Line Pilots Association
APD--Aircrew Program Designee
AIH--Aviation Instructor's Handbook
AQP--Advanced Qualification Program
ATC--Air Traffic Control
ATP--Airline Transport Pilot
ATO--Air Traffic Organization
CAMP--Continuous Airworthiness Maintenance Program
CFIT--Controlled Flight Into Terrain
CFR--Code of Federal Regulations
CLOA--Certificate and Letter of Authority
CVR--Cockpit Voice Recorder
DPE--Designated Pilot Examiner
GPS--Global Positioning System
GPWS--Ground Proximity Warning Systems
ELT--Emergency Locator Transmitter
ERT--Extended Review Team
FDR--Flight Data Recorder
FFS--Full Flight Simulator
FSB--Flight Standardization Board
FSBR--Flight Standardization Board Report
FSTD--Flight Simulation Training Device
FTD--Flight Training Device
HAA--Helicopter Air Ambulance
HTAWS--Helicopter Terrain Awareness Warning System
ICAO--International Civil Aviation Organization
IFR--Instrument Flight Rules
IMC--Instrument Meteorological Conditions
IOE--Initial Operating Experience
IPC--Instrument Proficiency Check

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

I. Executive Summary

This proposed rule would establish the requirements for pilot
certification and operation of powered-lift. Powered-lift are defined
in title 14 of the Code of Federal Regulations (14 CFR) part 1 as
heavier-than-air aircraft capable of vertical takeoff, vertical
landing, and low speed flight that depends principally on engine-driven
lift devices or engine thrust for lift during these flight regimes and
on nonrotating airfoil(s) for lift during horizontal flight. Powered-
lift are capable of vertical takeoff and landing (VTOL) while being
able to fly like an airplane during cruise flight. Currently, there are
no type-certificated powered-lift in civil operations; however, there
are several applicants seeking type certificates for such aircraft.\1\
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\1\ The General Aviation Manufacturers Association (GAMA) made
several contacts with the FAA during the course of this rulemaking.
On July 21, 2022, the General Aviation Manufacturers Association
submitted a letter to the FAA providing its recommendations
regarding consensus standards for powered-lift. The FAA did not take
these recommendations into consideration while developing this NPRM.
The FAA has placed a copy of this letter in the docket for this
rulemaking. On August 17, 2022, the FAA met with GAMA to discuss
eVTOL Entry Into Service. The FAA did not take into account the
contents of this meeting while developing this NPRM.
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Several of the powered-lift that the FAA expects to come to the
civilian market have complex and unique design, flight, and handling
characteristics with varying degrees of automation. The FAA anticipates
that these aircraft will conduct an array of different operations such
as transporting crew and material to offshore oil rigs, transporting
passengers from point-to-point as an air ambulance, and transporting
passengers in concentrated urban environments as an air taxi.
To safely integrate powered-lift in the national airspace system
(NAS), the FAA proposes to make permanent changes to parts 61, 135, and
142 to train and certificate powered-lift pilots and instructors, as
well as temporary changes through a Special Federal Aviation Regulation
(SFAR) that would supplement existing rules, create temporary
alternatives for airman certification, remove operational barriers, and
mitigate safety risks for powered-lift. As discussed in section I.F,
the FAA proposes a duration of 10 years for the SFAR.
Powered-lift will also be utilized to support the deployment of
advanced air mobility (AAM) operations. AAM is an umbrella term for an
air transportation system that moves people and cargo using
revolutionary new aircraft. These aircraft are often referred to as air
taxis or electric Vertical Takeoff and Landing (eVTOL) aircraft.
Congress has recently directed the Department of Transportation to
establish an advanced air mobility working group to plan for and
coordinate efforts to integrate advanced air mobility aircraft into the
national airspace system through the Advanced Air Mobility Coordination
and Leadership Act.\2\ This rulemaking is an important step in
facilitating the integration of powered lift and AAM into the NAS. As
discussed further in section X of this preamble, the proposed rule
would promote competition and equity in air travel by enabling powered-
lift and AAM to enter the market.
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\2\ Public Law 117-203, 136 Stat. 4441.
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A. Aircraft Certification

B. Airman Certification

Although the FAA has existing regulations in part 61 for training
and certificating powered-lift flight instructors and pilots, those
regulations do not adequately address the unique challenges of
introducing a new category of aircraft to civil operations. First, the
existing regulations did not anticipate the diversity in design of the
powered-lift that are beginning to work through the aircraft
certification process. Second, the existing aeronautical experience
requirements for powered-lift contain roadblocks for training and
certificating the initial cadre of powered-lift flight instructors and
pilots. In addition to the challenges with the existing regulations in
part 61, the regulations for certain commercial operations in part 135
do not contain specific regulations addressing qualifications for
powered-lift pilots which creates a safety gap when compared to the
part 135 requirements for pilots of airplanes and helicopters.
The intention expressed by industry to introduce these aircraft
immediately into passenger-carrying commercial operations has made more
urgent the need to reconsider the existing airman regulations for
powered-lift and address the absence of specific regulations for pilots
in part 135. The FAA requires and the public expects that commercial
operations be conducted with the highest regard for safety and by
pilots who have extensive experience flying the particular category of
aircraft in which paying passengers will be

[[Page 38948]]

transported. To maintain a level of safety commensurate with that
expected for airplanes and helicopters, the FAA is proposing new
requirements for pilots to hold type ratings for each powered-lift they
fly and proposing qualification requirements for powered-lift pilots
serving in part 135. To address the obstacles to airman certification
in existing regulations, the FAA is proposing alternatives to certain
requirements in part 61 to facilitate the training and certification of
the initial cadre of powered-lift instructors and powered-lift pilots.
1. Type Rating
The lack of commonality in the design of powered-lift creates
challenges for pilot training and certification. The powered-lift
coming to the civilian market have complex and unique design, flight,
and handling characteristics with varying degrees of automation.
Because each powered-lift can have different configurations, unique
inceptors, diversified flight controls, and complicated and distinctive
operating characteristics, the FAA has determined that, unlike
airplanes and rotorcraft, it is not feasible to establish classes
within the powered-lift category at this time. As such, the FAA is
proposing to require pilots to hold a type rating for each powered-lift
they fly.\3\ This proposal would ensure that the pilot in command (PIC)
has received specific training on the unique aspects of each powered-
lift and demonstrated proficiency during a practical test conducted by
an FAA examiner. The proposed type rating requirement would also
conform to the type rating standard established by the International
Civil Aviation Organization (ICAO).
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\3\ If a manufacturer develops a powered-lift that is
sufficiently similar to another powered-lift such that there is
enough commonality in how they perform and handle for pilots (e.g.,
flight controls), it is possible for those powered-lift to share a
type rating. Based on what is being manufactured now, the FAA does
not expect this to be a possibility in the near term. Should this
realize, the FAA would determine whether a powered-lift should share
a type rating with another powered-lift during the FSB process,
which is discussed in section V.H of this preamble.
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2. Flight Instructors
Flight instructors form the backbone of the airman certification
framework. Every individual that learns to fly begins by obtaining
flight training from an authorized instructor on the basic maneuvers,
flight controls, and instruments of a particular category of aircraft
(e.g., airplanes). The FAA recognizes that, once the first powered-lift
achieve type certification, there will be an insufficient number of
qualified flight instructors to provide training to the pilots who will
need to obtain certificates and ratings necessary to serve in powered-
lift operations. For this reason, the FAA is proposing to allow certain
pilots employed by the manufacturer to obtain the necessary training
and experience for powered-lift through the test flights and crew
training activities necessary for aircraft certification. Once the
manufacturer's personnel obtain the necessary ratings, they would form
the initial cadre of instructors who could conduct certification
training in the manufacturer's aircraft for certain instructor
personnel at part 141 pilot schools, part 142 training centers, and
part 135 operators. These instructors under parts 141, 142, and 135
would then develop the curricula for the initial powered-lift training
at their respective organizations.
The reliance on manufacturers to provide the initial training in a
new aircraft is not without precedent in aviation. For years,
manufacturers of new types of airplanes or rotorcraft have provided the
necessary training for the initial cadre of pilots who will fly the new
aircraft type (e.g., B-787). In fact, a number of manufacturers hold
air agency certificates under parts 141 and 142 for the purpose of
providing this type of flight training to the pilots of prospective
customers. As explained in greater detail later in this preamble, the
current proposal provides flexibility for powered-lift manufacturers to
conduct training that would facilitate the qualification of flight
instructors and promote the use of their aircraft.
3. Pilots
Even with sufficient qualified flight instructors, the existing
airman certification rules for powered-lift present obstacles for
persons seeking to accomplish the training and experience necessary to
obtain the certificates and ratings for commercial operations. In
response to industry concerns, the FAA is proposing alternate
requirements for meeting pilot in command (PIC) flight time and cross-
country flight time requirements in part 61 and expanding the
opportunity for pilots to obtain powered-lift ratings at the commercial
pilot certificate level through part 135 training programs. Most of the
alternative requirements would be available only to pilots who already
hold a commercial pilot certificate and an instrument rating for
another category of aircraft. In addition, although no FSTDs
representing powered-lift are currently qualified, the FAA anticipates
near-term qualification of such devices and is proposing to allow
increased flight training opportunities through simulation.
4. Part 135 Pilot Qualifications
With the recent issuance of a separate NPRM that proposes to enable
powered-lift operations in part 135, the FAA is proposing permanent
changes in this NPRM to training and qualification requirements for
pilots to align with the requirements established for pilots of
airplanes and rotorcraft in part 135. These proposals include ATP
certification and operating experience in make and model of powered-
lift for PICs in commuter operations, part 121 training requirements
for pilots who serve in commuter operations in certain powered-lift,
and instrument ratings for all powered-lift pilots in part 135
operations. In addition to proposing to allow a part 135 operator to
develop and provide training for powered-lift pilot certification at
the commercial pilot level, the FAA is proposing to permit successful
completion of part 135 pilot checks to be used to meet the practical
test requirements for powered-lift ratings subject to certain
conditions.
5. Dual Controls
Since 1938, aviation regulations have required aircraft to have
dual controls for operations involving flight training. This
requirement prevents a person not rated or inexperienced in an aircraft
from having sole responsibility for the flight and permits a PIC to
directly intervene when necessary in the interest of safety. The FAA is
aware that some manufacturers have or intend to design powered-lift
with a single set of controls. Because the FAA is proposing that all
powered-lift would require the pilot to hold a type rating for the
aircraft, a person would be required to receive training for a type
rating in the specific powered-lift for the type rating sought, meaning
the powered-lift must have a dual set of controls for flight training
under Sec. 91.109. To the extent that manufacturers have suggested
that there are alternate safe means to conduct flight training without
a dual set of controls, the FAA finds that those means have not been
demonstrated or validated to a level that would allow the FAA to
propose relief from the requirement to conduct flight training with a
dual set of controls. The FAA invites public comments on this
determination. Specifically:
<bullet> How would a flight instructor provide flight training in
powered-lift with only a single set of flight controls without
adversely affecting safety?
<bullet> How would an applicant meet the supervised operating
experience

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requirements with a single set of flight controls in powered-lift? \4\
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\4\ A person subject to a supervised operating experience (SOE)
limitation my not act as PIC of an aircraft but must perform the
duties of PIC under the supervision of a qualified PIC. The FAA
considers a person to be performing the duties of a PIC when the
person performs all the functions of the PIC including landings and
takeoffs, en route flying, low approaches, and ground functions. See
Legal Interpretation to Duncan (Apr. 13, 2012). As such, both the
PIC (the person responsible for the safe conduct of the flight) and
the person completing SOE need access to flight controls.
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<bullet> How would an operator fully qualify pilots for air carrier
operations in an aircraft without dual flight controls while meeting
the enhanced safety standard that is expected of air carrier
operations?
Please provide any relevant data or technical analyses that could
assist the FAA in evaluating these comments.
6. Impacts to Rotorcraft Training at Part 142 Training Centers
The FAA is also proposing some permanent changes that, in addition
to establishing requirements for powered-lift, would affect certain
part 142 training in FSTDs that represent rotorcraft. These proposed
changes would harmonize requirements for airplanes, powered-lift and
rotorcraft in part 142 with regard to training in an FSTD that
represents an aircraft that requires the pilot to hold a type rating.
In some instances, these proposed changes would provide additional
flexibility to training and qualification for rotorcraft instructors
consistent with allowances for airplane instructors and provide
training and testing for rotorcraft instructors that is more
specifically focused on rotorcraft, instead of airplanes.

C. Operational Requirements

Currently, parts 43 (Maintenance, Preventive Maintenance,
Rebuilding, and Alteration), 91 (General Operating and Flight Rules),
97 (Standard Instrument Procedures), 135 (Operating Requirements:
Commuter and on Demand Operations and Rules Governing Persons on Board
Such Aircraft), and 136 (Commercial Air tours and National Parks Air
Tour Management) include regulatory requirements applicable to
aircraft, generally, and do not specify applicability to a particular
kind of aircraft (i.e., airplane, rotorcraft, powered-lift).
Accordingly, these provisions currently apply to powered-lift.
In order to mitigate the safety gaps that exist due to the absence
of operational regulations specifically applicable to powered-lift, the
FAA proposes, through the SFAR, to apply specific airplane, rotorcraft,
and helicopter rules contained in parts 43, 91, 97, 135, and 136 to
powered-lift as appropriate. The FAA conducted a comprehensive review
of the operational rules, taking into consideration the anticipated
capabilities of powered-lift and the lack of operational data. Each
rule was evaluated to determine whether the airplane or the rotorcraft/
helicopter provisions would maintain a level of safety for powered-lift
operations as is provided in the current rules. Based on this review,
the FAA asserts that the proposed provisions will maintain an
equivalent level of safety for operations conducted in powered-lift to
those conducted in airplanes, rotorcraft, or helicopters.
Specifically, under part 91, the FAA proposes applying airplane
rules, except for the helicopter provisions of Sec. Sec. 91.126(b)(2)
and 91.129(f)(2), when a powered-lift is operating in vertical-lift
flight mode. These two regulations require helicopters, when conducting
approaches, to avoid the flow of fixed-wing aircraft in Class G and
Class D airspace, respectively. This proposal would provide the
flexibility for powered-lift operators capable of landing vertically to
land at most helicopter pads and heliports.\5\
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\5\ See section VI.A.1 for further discussion of ``heliport''
and the FAA's published interim guidance for vertiport design.
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Under part 135, the FAA proposes applying airplane rules, except
for helicopter- or rotorcraft-specific regulations that outline:
certain equipment requirements; certain emergency equipment and
passenger briefing requirements for overwater operations; certain VFR
or IFR requirements; requirements for operations in icing conditions;
and certain airport requirements, as well as requirements for operating
in remote areas. The FAA also proposes to require powered-lift
operators conducting operations similar to helicopter air ambulance
operations to utilize the requirements applicable to such operations in
part 135. The FAA also proposes to make a permanent change to the
regulatory requirements for the Pilot Records Database contained in
part 111 to include powered-lift as a qualifying aircraft to meet the
threshold requirement of whether a person operating in furtherance of a
business needs to report pilot records to the Pilot Records Database.
In general, the FAA applies operational requirements specific to
helicopter operations within part 136 to powered-lift operations
because the FAA expects powered-lift will hover and operate similarly
to helicopters when conducting air tours, except when relying on
horizontal lift. Accordingly, for operational requirements related to
cruise flight in wing-borne flight mode, the FAA applies airplane
specific requirements because of a powered-lift's expected similarity
to an airplane in that operational circumstance.
The FAA also proposes to allow powered-lift operators to use Copter
Procedures as defined in part 97 if the aircraft has been type-
certificated and equipped to utilize those procedures. That capability
will be identified in the limitations section of the aircraft flight
manual along with any other specific limitations and procedures
necessary for safe operation of the aircraft.
For purposes of maintenance, preventive maintenance, rebuilding,
and alteration, the FAA proposes to apply the current requirements
under part 43, with only two modifications. First, the FAA proposes to
apply the preventive maintenance requirements available to certificate
holders operating rotorcraft under part 135 in remote areas, to
certificate holders operating powered-lift under part 135 in remote
areas. If approved by the Administrator, a certificate holder operating
powered lift under part 135 would be permitted to allow a pilot who has
completed training to perform certain specific preventive maintenance
items.\6\ Second, the FAA proposes that in lieu of complying with Sec.
43.15(b), each person performing an inspection required by part 91 on a
powered-lift, must inspect ``critical parts'' in accordance with the
maintenance manual or Instruction for Continuous Airworthiness, or as
otherwise approved by the Administrator. The FAA proposes that
``critical part'' have the same meaning as provided in Sec. Sec.
27.602 and 29.602.
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\6\ The pilot must complete training under an approved training
program. 14 CFR 43.3(h)(2).
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The operational requirements for powered-lift are discussed in more
detail in section VI of this preamble.

D. International Operation of Powered-Lift

In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices (SARPs) to the maximum extent practicable.
The FAA proposes to amend part 61 to require powered-lift pilots to
have a type rating, which meets the standards outlined in ICAO Annex 1,
Personnel

[[Page 38950]]

Licensing. Under parts 91 and 135, the FAA requires U.S. operators to
comply with ICAO Annex 2, Rules of the Air. ICAO Annex 8, Airworthiness
of Aircraft, is silent on powered-lift; however, the FAA designates
powered-lift as special class aircraft for type certification in
accordance with Sec. 21.17(b) and applies airworthiness criteria that
meet an equivalent level of safety to the FAA's existing airworthiness
standards and are consistent with the intent of ICAO Annex 8 to the
Chicago Convention. Accordingly, U.S. operators of powered-lift that
are type-certificated with a standard airworthiness certificate and
conduct their operations in accordance with the standards outlined in
Annex 2 would be eligible to operate over the high seas.
The requirements for the international operation of powered-lift
are discussed in more detail in section VIII of this preamble.

E. Summary of the Costs and Benefits

Operations with powered-lift are anticipated to offer benefits over
traditional airplanes and rotorcraft. A report published by the U.S.
Government Accountability Office (GAO) stated that many of these newer
category of aircraft could be easier to design, simpler to construct,
less complicated to maneuver, quieter to fly, and more economical to
operate compared to traditional aircraft.\7\ Many use cases for these
aircraft are envisioned, and this rulemaking is a step toward those use
cases coming to realization.
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\7\ Transforming Aviation: Stakeholders Identified Issues to
Address for `Advanced Air Mobility' [verbar] U.S. GAO.
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While operators choosing to conduct operations with powered-lift
would incur costs to comply with regulations proposed in this NPRM,
these costs would be on a scale equivalent to those incurred by
operators choosing to conduct operations with airplanes or rotorcraft
under similar regulations. Likewise, costs imposed on individuals that
choose to accomplish the required training and testing required to hold
an airman certificate with a type rating in the powered-lift category
would be on a scale equivalent to those incurred by individuals
accomplishing training and testing to hold an airman certificate with a
type rating in the airplane or rotorcraft category. In other words, the
costs imposed on operators and individuals that choose to comply with
regulations proposed by this rule would be no more burdensome than the
costs incurred by entities and individuals complying with corresponding
airplane and rotorcraft regulations that are already in effect.
However, to address the significant operational differences between
each powered-lift, the FAA is proposing to require the PIC of a
powered-lift to hold a type rating for the aircraft. The FAA has
determined that requiring persons to hold type ratings for powered-lift
would establish the appropriate level of safety, greater than would be
established by only holding a powered-lift category rating, by ensuring
persons receive adequate training and are tested on the unique design
and operating characteristics of each powered-lift.\8\
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\8\ Official FAA forecasts related to the operation of powered-
lift in the NAS have yet to be developed. Thus, a forecast for the
number of pilots expected to conduct operations under part 135 or 91
was prepared solely to estimate costs imposed by this proposed SFAR.
These costs include adding a type rating for powered-lift to an
airman certificate. At this time, forecasts do not include an
estimate for individuals seeking to operate powered-lift for
personal use. Forecasts were developed using publicly available data
related to orders and options for powered-lift.
---------------------------------------------------------------------------

The proposals in this NPRM can generally be grouped by those rules
affecting airman certification and those rules enabling powered-lift to
conduct operations under parts 91, 97, 135, and 136. For certification
of airmen with a type rating in powered-lift, the FAA proposes
alternative aeronautical experience and logging requirements. For the
operational rules, the FAA proposes to apply specific airplane,
rotorcraft, or helicopter rules to powered-lift, as appropriate. The
FAA performed an analysis of each proposal in this NPRM and its impact.
An overview of this analysis is included in the Regulatory Evaluation
portion of this preamble. A regulatory impact analysis has also been
prepared for this NPRM and can be found in the docket for this proposed
rule.
The following table presents a summary of the primary estimates of
the quantified costs of this rule, as well as estimates for a
pessimistic and optimistic scenario. This analysis provides a range of
costs from low to high based on these scenarios. The FAA considers the
primary estimate of costs to be the base scenario. For the primary
estimate, over a 10-year period of analysis this rule would result in
present value costs of about $30.5 million at a three percent discount
rate with annualized net costs of about $3.6 million. At a seven
percent discount rate, the present value net costs are about $24.1
million with annualized net costs of $3.4 million.
Additional details are provided in the Regulatory Evaluation
section of this proposed rule and in the Regulatory Impact Analysis
available in the docket for this rulemaking.

Table 1--Quantified Costs of NPRM
[Millions $] *
----------------------------------------------------------------------------------------------------------------
10-Year 10-Year
Forecast scenario present value Annualized present value Annualized
(3%) (3%) (7%) (7%)
----------------------------------------------------------------------------------------------------------------
Base--Primary Estimate.......................... $30.5 $3.6 $24.1 $3.4
Pessimistic..................................... 27.4 3.2 21.0 3.0
Optimistic...................................... 33.7 4.0 27.3 3.9
----------------------------------------------------------------------------------------------------------------
Table notes: Columns may not sum to total due to rounding. Estimates are provided at three and seven percent
discount rates per Office of Management and Budget (OMB) guidance.

F. SFAR Framework and Duration

The NPRM will enable powered-lift operations on a temporary basis
and provide the FAA an opportunity to assess the operations and
establish a comprehensive regulatory scheme.
In the past, when the FAA has found that it lacks sufficient
experience regarding new operations, the use of an SFAR has been an
effective way to gain such experience while enabling some degree of
limited operations. Such SFARs have typically temporarily enacted
conservative safety approaches to enabling operations, allowing both
the FAA and industry to observe those operations and then subsequently
make safety improvements in a later permanent change to the
regulations. An example of this approach exists within

[[Page 38951]]

the FAA's SFAR No. 29, which dealt with instrument helicopter
operations.
In considering this approach, the FAA recognizes that several
limited permanent changes will need to be made to various regulations
to enable a more comprehensive SFAR covering powered-lift. This NPRM
proposes both limited permanent changes and an SFAR to facilitate
powered-lift operations and permit the FAA to gather data and better
understand what a comprehensive permanent regulatory framework should
look like.
Because the SFAR will affect several parts of 14 CFR, the FAA has
determined that the most clear and comprehensive regulatory approach is
through the creation of a new part to wholly contain the proposed SFAR.
Specifically, the FAA proposes to add a new part 194, titled ``Special
Federal Aviation Regulation No. 120--Powered Lift: Pilot Certification
and Training; Operations Requirements,'' to 14 CFR under new subchapter
L, titled ``Other Special Federal Aviation Regulations.'' New part 194
would utilize the traditional regulatory structure to supplement
existing rules, create temporary alternatives for airman certification,
remove operational barriers, and mitigate safety risks for powered-
lift. As a result, requisite applicability revisions are proposed to
parts 43, 60, 61, 91, 97, 111, 135, 136, 141, and 142 to clearly
communicate that current regulations are intended to operate in tandem
with proposed part 194, as subsequently discussed in this preamble. The
FAA considers this approach to be consistent with previous rulemakings
where, at initial inception, rotorcraft and helicopter regulations had
similar requirements to the airplane rules. Helicopters were given
relief or granted other minimums unique to their operation after an
evaluation period provided by an SFAR.
The FAA is proposing that the SFAR be in effect for ten years after
finalization of this proposed rulemaking. In selecting ten years as the
appropriate duration for this SFAR, the FAA considered a number of
factors including the time it will take to initiate operations after
the adoption of this notice of proposed rulemaking (NPRM) as a final
rule, considering the type certification status of the powered-lift
that are commercially viable. After operators initiate commercially
viable operations, the FAA also considered the appropriate length of
time to collect operational data, and then complete a subsequent
rulemaking to implement permanent amendments.

II. Authority for This Proposed Rulemaking

The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the FAA's authority.
The FAA is issuing this proposal under the authority described in
Subtitle VII, Part A, Subpart i, Section 40113, Administrative, and
Subpart iii, Section 44701, General Requirements; Section 44702,
Issuance of Certificates; Section 44703, Airman Certificates; Section
44704, Type Certificates, Production Certificates, Airworthiness
Certificates, and Design and Production Organization Certificates;
Section 44705, Air Carrier Operating Certificates; and Section 44707,
Examination and Rating of Air Agencies. Under these sections, the FAA
prescribes regulations and minimum standards for practices, methods,
and procedures necessary for safety in air commerce, including the
authority to examine and rate civil schools and prescribe regulations
to ensure the competency of instructors. The FAA is also authorized
under these sections to issue certificates, including airman
certificates, type certificates, and air carrier operating
certificates, in the interest of safety.
This rulemaking is also proposed under the authority described in
Subtitle VII, Part A, Subpart iii, Section 44712, Emergency Locator
Transmitters; Section 44713, Inspection and Maintenance; 44715, Noise
and Sonic Boom; 44716, Collision Avoidance Systems; and 44722, Winter
conditions. These sections direct the Administrator to prescribe
regulations to govern the use of emergency locator transmitters and
collision avoidance systems, the standards for inspecting and
performing maintenance on aircraft, and regulations to control aircraft
noise and safety risks related to winter conditions, respectively.
This proposed rulemaking is issued under the authority described in
each of the previously discussed sections of Title 49 of the United
States Code.

III. Background

A. General

Powered-lift are unique in their ability to take off and land
vertically like helicopters, and fly like an airplane during cruise
flight. They can operate in different flight regimes utilizing features
of helicopters or airplanes or both. The flight controls for such
aircraft are also often unique to the individual aircraft design and
can incorporate both traditional helicopter and airplane controls, or
control systems that are dissimilar to either helicopters or airplanes.
Likewise, the flight characteristics for powered-lift vary depending on
the aircraft design and the different modes in which they operate.
The FAA began to contemplate the integration of powered-lift into
the regulations in the 1990s. Specifically, in 1995, the FAA published
an NPRM titled ``Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules.'' \9\ The NPRM was drafted in anticipation
of industry developing powered-lift to subsequently enter the civilian
market. The FAA noted that powered-lift would require new pilot skills
and abilities because the aircraft have VTOL capabilities but fly like
airplanes at higher altitudes and airspeeds.
---------------------------------------------------------------------------

\9\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certificate Rules; NPRM, 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------

At that time, the FAA considered various approaches to pilot
certification for powered-lift, including whether powered-lift should
be a separate aircraft category or whether a powered-lift class rating
should be created within the rotorcraft category. The FAA also
considered powered-lift class ratings, such as tilt-rotor, tilt-wing,
ducted fan, and vectored thrust; and whether to require a type rating
for every make and model of powered-lift. Ultimately, the FAA proposed
adding a new powered-lift airman certification category of aircraft
without associated class or type ratings.\10\
---------------------------------------------------------------------------

\10\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, NPRM 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------

Some commenters objected, stating that a proposal to add powered-
lift as an aircraft category was premature because there were no
powered-lift on the market and no evidence that powered-lift would find
applications in the civil marketplace. Commenters also noted that the
FAA was not proposing operating rules to accompany the pilot
certification standards. The FAA published the final rule on April 4,
1997,\11\ and introduced the powered-lift category into the airmen
certification rules and various other parts of the regulations. In
response to commenter concerns, the FAA reasoned that the regulations
were necessary because the existing pilot certification standards did
not adequately reflect the powered-lift certification requirements and
were not drafted with the intent of certificating

[[Page 38952]]

powered-lift pilots.\12\ The FAA emphasized that its regulations must
evolve to accommodate advancements in aviation technology and
considered the introduction of powered-lift as an aircraft category to
be a necessary first step in building a regulatory framework for
powered-lift.
---------------------------------------------------------------------------

\11\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; Final Rule, 62 FR 16220, 16231 (Apr. 4, 1997).
\12\ Id.
---------------------------------------------------------------------------

Following the publication of the final rule, the FAA intended to
update the operating rules. However, operational rulemaking initiatives
never came to fruition because the market evolved differently than the
FAA had envisioned and powered-lift did not enter the civilian market
as quickly as the FAA anticipated. The FAA notes that in the years
since the pilot certification rules were revised to include powered-
lift in 1997, industry has developed new aircraft varying widely in
complexity of operation. The powered-lift currently undergoing the type
certification process are comparatively more sophisticated than the
simple and uniform models of powered-lift proposed in the 1990s.
Currently, the FAA has several powered-lift in the type
certification process. The powered-lift coming to the civilian market
have varied greatly in design, flight, and handling characteristics
with varying degrees of automation, more so than what was originally
anticipated when applicants initially sought certification of powered-
lift.
While none of the powered-lift for which type certification is
being sought have yet been approved for civilian use, the powered-lift
industry has identified many potential uses for these aircraft. The FAA
anticipates the introduction of aircraft that vary in size and
passenger seating configuration and employ both new and traditional
kinds of propulsion systems into the civilian market. The initial
expected entrant is the manufacturer of a four-passenger powered-lift
with a maximum gross takeoff weight of 4,800 lbs., which is progressing
through the FAA's type certification process.\13\ This manufacturer
proposed a powered-lift using six tilting electric engines with 5-blade
propellers attached to a conventional wing and V-tail. The powered-lift
has the characteristics of both a helicopter and an airplane and is
intended to be used for operations under parts 91 and 135, with a
single pilot onboard, under visual flight rules.
---------------------------------------------------------------------------

\13\ 87 FR 67399 (Nov. 8, 2022).
---------------------------------------------------------------------------

The FAA has previously described powered-lift as useful for civil
applications, as these aircraft have ``vertical take-off and landing
and hovering capability like helicopters,'' and are able to cruise and
``fly at higher airspeeds like airplanes.'' \14\ This airspeed
differentiation could result from aircraft configuration changes such
as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-
lift engines; or other means.
---------------------------------------------------------------------------

\14\ 60 FR 41165.
---------------------------------------------------------------------------

Manufacturers and initial operators of powered-lift indicate
operations with powered-lift could offer many benefits over rotorcraft.
For example, some powered-lift are capable of transporting heavier
loads at higher altitudes and faster cruise speeds than rotorcraft.
Such capability may increase efficiency in transporting crew and
material to remote locations such as off-shore oil rigs and add
diversity when considering landing points available that are currently
available to helicopters and not airplanes. Certificate holders seeking
to take advantage of these capabilities may also seek to use powered-
lift for transporting passengers from point-to-point; for example, such
transportation could occur from a heliport and proceed at turboprop
airspeeds and ranges. Other opportunities may also exist in
concentrated urban environments, where short point-to-point distances
coupled with vertical capability may allow for more efficient
transportation of passengers than existing ground transportation
methods.

B. Related Rulemakings

The FAA is engaging in a multi-step process of updating the
regulations that apply to powered-lift that traditionally have not
operated in air carrier and commercial operations. On December 7, 2022,
the FAA published the Update to Air Carrier Definitions NPRM.\15\ As it
pertains to this NPRM, the Update to Air Carrier Definitions NPRM
proposed to amend the regulatory definitions in part 110, General
Requirements, to add powered-lift to the definitions of ``commuter
operation'' and ``on-demand operation.'' The definitions in part 110
apply to all operations under 14 CFR chapter I, subchapter G, which
includes parts 119 and 135.\16\ In accordance with Sec. 119.21, all
commuter and on-demand operations must be conducted in accordance with
part 135.\17\ Accordingly, powered-lift must be added to the
definitions of commuter operation and on-demand operation before
powered-lift may be operated under part 135. For both definitions, the
FAA proposed that powered-lift be added consistent with the existing
requirements for airplane. As a result, all the part 135 proposals in
this NPRM are based on an underlying premise that powered-lift is
included in the definitions of commuter operation and on-demand
operation. These proposals include the pilot certification proposals
based on completion of a part 135 training curriculum, the part 135
training and qualification proposals, and the part 135 operational rule
proposals. The FAA will reconcile this proposal with the Update to Air
Carrier Definitions final rule as appropriate.
---------------------------------------------------------------------------

\15\ RIN 2120-AL80, 87 FR 74995.
\16\ See 14 CFR 110.1 and 110.2.
\17\ See 14 CFR 119.21(a)(4) and (5).
---------------------------------------------------------------------------

Additionally, on December 12, 2022, the FAA published the ``Airman
Certification Standards and Practical Test Standards for Airmen;
Incorporation by Reference'' (ACS IBR) NPRM.\18\ As it pertains to this
NPRM, the ACS IBR NPRM proposed to revise certain part 61 regulations
to incorporate the Airman Certification Standards (ACS) by reference
into the requirements for powered-lift pilot and flight instructor
certification. The ACSs establish the standard for what an applicant
must know, consider, and do to demonstrate proficiency to pass the
practical tests required for issuance of the applicable airman
certificate or rating. Specifically, for powered-lift, the ACS IBR NPRM
proposed to incorporate by reference the ACSs for the following:
Airline Transport Pilot and Type Rating for Powered-Lift Category,
Commercial Pilot for Powered-Lift Category, Private Pilot for Powered-
Lift Category, Instrument Rating-Powered-Lift, Flight Instructor for
Powered-Lift Category, and Flight Instructor Instrument Powered-Lift.
Several proposals in this NPRM are based on the proposed incorporation
of the powered-lift ACSs. Therefore, throughout the remainder of this
NPRM, the FAA presumes that the powered-lift ACSs are incorporated by
reference as proposed. The FAA will reconcile this proposal with the
ACS IBR final rule as appropriate.
---------------------------------------------------------------------------

\18\ 87 FR 75955.
---------------------------------------------------------------------------

C. Part 1 Considerations

The FAA first notes that throughout this preamble and proposed
regulatory text, the FAA utilizes certain terms that are defined in 14
CFR part 1. Currently, part 1 applies only to subchapters A through L
of 14 CFR chapter I. In 1966, 14 CFR part 1 was originally limited in
scope to apply to Federal Aviation Regulations (i.e., subchapters A
through L) specifically because the agency codified certain subchapters
in chapter I that were unrelated to aviation safety

[[Page 38953]]

rules \19\ at that time.\20\ As discussed in this preamble, the FAA
proposes to add subchapter L, which will contain the proposed SFAR in
new part 194 (i.e., aviation safety rules). To apply the definitions as
set forth in part 1 to proposed subchapter L, and given the relocation
or deletion of certain non-aviation safety related regulations within
chapter I, the FAA proposes to expand applicability of part 1 to apply
to the entirety of 14 CFR chapter I.\21\ This expansion would be
effectuated through revisions to the introductory text of Sec. Sec.
1.1, 1.2, and 1.3(a).
---------------------------------------------------------------------------

\19\ For example, employee conduct was regulated through chapter
I, subchapter O.
\20\ Limitation of Applicability to ``Federal Aviation
Regulations,'' Final Rule, 31 FR 5054 (Mar. 29, 1966).
\21\ Applicability of part 1 would also expand to subchapter N
(part 198, pertaining to aviation insurance), however, the FAA does
not foresee substantive changes as a result.
---------------------------------------------------------------------------

IV. Powered-Lift Type Certification and FSTD Qualification

A. Type Certification

The FAA is not proposing to establish any new requirements for the
type certification of powered-lift, nor is it proposing to revise
existing type certification requirements. The FAA has determined that
existing aircraft certification regulations are appropriate to type
certificate powered-lift.
The FAA's rules for designating the applicable regulations for
type-certificated products are in 14 CFR 21.17. Most products that have
existing airworthiness standards (airplanes, rotorcraft, balloons,
engines, and propellers) are type certificated in accordance with Sec.
21.17(a). In general, the requirements for airplane type certification
are in part 23 or 25, and rotorcraft are in part 27 or 29.
The FAA utilizes a tiered level of safety for the minimum
certification standards for airplanes and rotorcraft and has
established applicability standards to determine which minimum standard
may be used for the certification of a particular aircraft. Part 23
provides the minimum certification standards for normal category
airplanes, applicable to airplanes that have a passenger seating
configuration of 19 or less and a maximum certificated takeoff weight
of 19,000 pounds or less. Part 25 provides the minimum certification
standards for transport category airplanes, applicable to airplanes
that have a passenger seating configuration of 20 or more or a maximum
certificated takeoff weight of greater than 19,000 pounds. Part 27
provides the minimum certification standards for normal category
rotorcraft, applicable to rotorcraft that have a passenger seating
configuration of 9 or less and a maximum weight of 7,000 pounds or
less. Part 29 provides the minimum certification basis for transport
category rotorcraft, applicable to rotorcraft with a passenger seating
configuration of 10 or more or a maximum weight of more than 7,000
pounds. An applicant seeking to certificate a normal category airplane
or rotorcraft under part 23 or 27, respectively, can request to use the
higher certification standards of part 25 or 29 for such aircraft.
For aircraft for which the FAA has not established airworthiness
standards under subchapter C of chapter I of 14 CFR (e.g., gliders,
airships, powered-lift, very light airplanes), the FAA uses the special
class aircraft process in Sec. 21.17(b). The special class process was
created to address the novel features of unique and nonconventional
aircraft without the need for additional processes such as special
conditions or exemptions that would be required if the FAA used the
airworthiness standards in place under existing parts of title 14.\22\
Using the special class process, the FAA designates airworthiness
requirements as the certification basis for each aircraft design,
including its engines and propellers.\23\ The FAA may designate
appropriate and applicable airworthiness requirements from the existing
airworthiness standards in parts 23, 25, 27, 29, 33, and 35, and it may
also include unique airworthiness criteria developed specifically for
the individual product, that provide an equivalent level of safety to
existing standards.\24\ The FAA has not yet established powered-lift
airworthiness standards in subchapter C of chapter I of 14 CFR.
Therefore, the FAA has determined that powered-lift will be type-
certificated as a special class aircraft.
---------------------------------------------------------------------------

\22\ For products type certificated in accordance with Sec.
21.17(a), the FAA may issue special conditions when it determines
that existing airworthiness regulations do not provide adequate or
appropriate safety standards because of a novel or unusual design
feature of the product. Special conditions are issued in accordance
with 14 CFR part 11 and contain such safety standards for the
product as the FAA finds necessary to establish a level of safety
equivalent to that established in the regulations. The FAA may grant
an exemption from the requirements of a regulation when an applicant
petitions for relief under 14 CFR part 11.
\23\ Applicants of special class aircraft who propose engine
and/or propeller designs with their aircraft will have the engine
and propeller approved with the aircraft type certificate. This
would result in a certification basis that includes criteria for the
aircraft, engine, and/or propeller. Alternatively, applicants
seeking certification for special class aircraft may propose the
installation of engines and/or propellers that have been issued
their own type certificate, which would result in a certification
basis with criteria for only the aircraft. The engine and propeller
would be type certificated under parts 33 and 35, respectively.
\24\ For certain special classes of aircraft, the FAA has
designated airworthiness criteria in an advisory circular (AC): AC
21.17-1A for airships, AC 21.17-2A for gliders, and AC 21.17-3 for
very light airplanes (VLA). Currently, the FAA expects to issue
airworthiness criteria for powered-lift, specific to the particular
applicant. Although the FAA is not publishing an AC for powered-lift
airworthiness criteria with this proposed rulemaking, the agency may
publish powered-lift airworthiness standards through a future AC or
rulemaking.
---------------------------------------------------------------------------

To type-certificate powered-lift as a special class aircraft, the
FAA must designate airworthiness requirements as the certification
basis for that aircraft, which provide an equivalent level of safety to
existing airworthiness standards. When conducting the evaluation for
determining an equivalent level of safety, the FAA will consider
characteristics of the particular aircraft such as the aircraft size,
seating capacity, and performance, among other things, in comparison to
the capabilities of aircraft type-certificated under the existing
airworthiness standards for airplanes and rotorcraft. When establishing
the certification basis for a specific powered-lift project, the FAA
will publish the proposed airworthiness criteria, including an
explanation of its equivalency determination, in the Federal Register
for public notice and comment.\25\
---------------------------------------------------------------------------

\25\ E.g., see: Airworthiness Criteria: Special Class
Airworthiness Criteria for the Joby Aero, Inc. JAS4-1 Powered-Lift,
87 FR 67399 (Nov. 8, 2022).
---------------------------------------------------------------------------

In certain instances, specific airworthiness or aircraft equipage
requirements for the issuance of a type certificate may not be
sufficient to meet the requirements of a particular operating rule or
operation. Applicants seeking type design approval for powered-lift
should identify areas where additional approvals are required to
support the anticipated operational use of the aircraft to avoid having
to obtain a subsequent type design change approval. In the case where
an approved aircraft type-design does not include the required
approvals or aircraft equipage needed for a specific operation or
operating rule, then a type design change may be required to enable the
use of that aircraft.
In certain cases, the operational rules in parts 91 and 135 cite
specific airworthiness standards from the certification rules in part
23, 25, 27 or 29. When an airworthiness standard is referenced in a
particular operating rule, those specific standards listed may or may
not be used in their entirety due to some of the designs unique to each
particular aircraft. When a particular airworthiness certification
standard is

[[Page 38954]]

referenced, but it is not practical to use that standard in its
entirety due to the design of the powered-lift, then to maintain an
equivalent level of safety, the FAA will determine which existing
airworthiness standards apply, or if another standard must be created.
For example, Sec. Sec. 91.609 and 135.152, the regulations requiring
flight data recorders (FDR), both point to specific airworthiness
standards found within part 23, 25, 27, or 29. In this case, the FAA
will review the requirements contained within parts 23, 25, 27, and 29
and determine which standard or set of standards would apply, or if the
FAA needs to create a new standard to ensure the data captured achieves
an equivalent level of safety in these novel aircraft designs.
In an additional example, certain powered-lift type-certificate
applicants may want their aircraft to have the capability to use Copter
Procedures under part 97, which would require the aircraft to have
specific equipage and stability capabilities equivalent to either
appendix B to part 27 or 29 as part of the type-certification approval.
The identified standards in each of the examples would be included in
the aircraft's certification basis.
Throughout this preamble and the SFAR, the FAA applies certain
operating regulations to large powered-lift that currently apply to
large transport category airplanes. The FAA evaluated the weight
parameters for both transport category airplanes and transport category
rotorcraft and determined that the weight limit for large aircraft,
which is 12,500 pounds (lbs.) and falls between the airplane (19,500
lbs.) and rotorcraft (7,500 lbs.) transport category weight limits,
would be an appropriate weight at which to apply airplane transport
category standards to powered-lift.
This approach is consistent with the agency's approach to type
certification of powered-lift under Sec. 21.17(b), in that the agency
has previously identified 12,500 lbs. as an appropriate weight at which
to apply certain transport category certification standards from part
25, even though the powered-lift may weigh less than 19,500 lbs.
Accordingly, small powered-lift, weighing less than 12,500 lbs., would
not be subject to transport category standards except in one instance
in subpart I of part 135 (Sec. 135.397(b)), where a small powered-lift
with more than 19 seats would be subject to certain airplane
performance operating limitations. The FAA invites comment on whether
the public believes there is a more appropriate weight at which to
apply transport category airplane regulations to powered-lift.

B. Noise Considerations

The FAA is statutorily required to protect the public from aircraft
noise by adopting noise standards and operating regulations as
necessary. Noise certification regulations are contained in 14 CFR part
36 for jet airplanes, small airplanes, rotorcraft and tiltrotors. Given
recent technological advancement regarding fabrication of small and
powerful electric motors, actuators, and advance control system
technologies, manufacturers have started to apply these technologies in
the design and development of highly individualized and novel aircraft
that are significantly different from the legacy conventional aircraft
categories defined in the current noise certification standards of part
36. Such anticipated new entrant aircraft are expected to offer
capabilities that range from a single-pilot recreational all-electric
VTOL aircraft to piloted, powered-lift, multi passenger air taxis.
Rather than use the existing requirements for small propeller
airplanes, jet transport airplanes, helicopters, or tiltrotors in part
36, such diverse conceptual designs may require noise certification
requirements that are tailored to these new aircraft types. The FAA
will examine each application and determine whether existing part 36
requirements are appropriate as a noise certification basis, as it does
for all noise certification applicants. If the current regulations
cannot be applied appropriately, the FAA may promulgate a rule of
particular applicability to establish a noise certification basis for a
new aircraft design. The dynamic noise sources from these aircraft have
been shown to be complex, and the FAA does not yet have much data on
the aircraft types and noise signatures expected from these new
entrants. Accordingly, until sufficient data are collected, the FAA
would not be able to promulgate standards of general applicability for
these aircraft.
The FAA invites comment on whether any manufacturer anticipates
undergoing noise certification as a turbojet-powered-lift as required
in accordance with part 36. If a turbojet-powered-lift certification
applicant begins the noise certification process, the FAA would propose
to amend the SFAR to include the operating noise limits in subpart I of
part 91 as applicable to turbojet-powered-lift. The FAA also seeks
comment on this approach to the noise certification of turbojet-
powered-lift.

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

Part 60 prescribes the rules governing the initial and continuing
qualification of all aircraft Flight Simulation Training Devices
(FSTDs), which includes full flight simulators (FFSs) and flight
training devices (FTDs) \26\ used to meet the training, evaluation, or
flight experience requirements for flightcrew member certification or
qualification. These rules apply to each person using or applying to
use an FSTD to meet any requirement in 14 CFR chapter I, including in
parts 61, 91, 135, 141, and 142.\27\ As specified in Sec. 60.11(b), no
person may use nor allow the use of an FSTD for flightcrew member
training or evaluation, or for obtaining flight experience, unless the
FSTD is qualified under part 60.\28\ In accordance with Sec. 60.15,
the FAA qualifies each FSTD at a specific level if that FSTD meets the
applicable Qualification Performance Standards (QPS).\29\ The QPS are
published in the following appendices to part 60: A for airplane FFSs,
B for airplane FTDs, C for helicopter FFSs, D for helicopter FTDs, E
for the quality management system for all FSTDs, and F for definitions
and abbreviations applicable to part 60. While appendices E and F will
apply to powered-lift FSTDs, the FAA has not yet established the QPS
for powered-lift FSTDs.
---------------------------------------------------------------------------

\26\ See 14 CFR 1.1, which defines for FFSs and FTDs.
\27\ 14 CFR 60.1.
\28\ 14 CFR 60.11 specifies additional requirements that must be
met for FSTD use.
\29\ FFSs are qualified as levels A through D; FTDs are
qualified as levels 4 through 7.
---------------------------------------------------------------------------

In recent years, rapid technological advancements in powered-lift
have progressed across the industry, particularly with electric
vertical takeoff and landing (eVTOL) aircraft. Many powered-lift are in
various stages of development with many different unique designs and
operating characteristics. Due to the wide variation of powered-lift
and rapid pace of development, the FAA has determined that developing a
new FSTD standard for powered-lift aircraft within the part 60 QPS
framework would be premature, as any new FSTD standard may quickly
become obsolete or inapplicable. As previously discussed, one intention
of the SFAR is to inform the FAA of sufficient operational data of
emerging powered-lift to establish future permanent regulations,
including that information required to develop a powered-lift FSTD QPS.
The FAA recognizes, however, that powered-lift FSTDs are currently
in development and emphasizes the need

[[Page 38955]]

to evaluate powered-lift FSTD fidelity and capability, much like
airplane and helicopter FSTDs are evaluated.\30\ Therefore, to enable
the qualification of FSTDs for use in pilot training for powered-lift
aircraft, the FAA is proposing to add flexibility to part 60 in
proposed Sec. 194.105 to permit qualification of FSTDs of powered-lift
using components of existing standards for airplanes and helicopters in
appendices A through D to part 60, where applicable, as determined by
the FAA, that would provide an equivalent level of safety to existing
QPS components.
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\30\ The FAA has long recognized the safety advantages of flight
training in FSTD. In many cases, flight simulators have proven to
provide more in-depth training than can be accomplished in the
aircraft. In particular, flight simulators allow training for
emergency situations, such as fire, total loss of thrust, and
systems failures that cannot be safely conducted in flight. See 61
FR 34508 (July 2, 1996).
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While many of the existing FSTD qualification standards in the part
60 QPS may be applicable for evaluation of FSTDs representing powered-
lift (e.g., general flight deck configuration requirements), due to the
unique characteristics of the many possible powered-lift designs and
associated pilot training requirements, alternate testing and
evaluation methods may be required to fully validate the
characteristics of those FSTDs to support the required training (e.g.,
transition modes from thrust-borne to wing-borne lift).
In these instances where existing standards are not found to be
sufficient to fully evaluate an FSTD for a special class of aircraft,
other FSTD qualification standards as proposed by the FSTD sponsor may
be accepted by the Administrator as providing an equivalent level of
safety. When establishing the qualification basis, the FAA will publish
the proposed standard in the Federal Register for public notice and
comment, including an explanation of the FAA's safety determination.
The ability to qualify an FSTD for powered-lift in this manner, as well
as the notice and comment process, would closely follow the established
process used to certify special classes of aircraft as described in
Sec. 21.17(b).
While deviation authority currently exists in Sec. 60.15(c)(5) for
the initial qualification of FSTDs using alternate FSTD standards, the
scope of the deviation authority does not extend to the qualification
of FSTDs representing new categories of aircraft such as powered-lift.
The FAA added deviation authority to Sec. 60.15(c)(5), to deviate from
the technical requirements in the part 60 QPS applicable to airplane
and helicopter FFSs and FTDs.\31\ Therefore, deviations issued in
accordance with Sec. 60.15(c)(5) may apply only to FSTD qualification
where standards currently exist in the QPS of part 60 (currently
airplanes or helicopters).
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\31\ 81 FR 18205. Additionally, Sec. 60.15(c)(5)(ii) states
that deviation may only be considered from minimum requirements
tables, objectives testing tables, functions and subjective testing
tables, and other supporting tables and requirements in the part 60
QPS in appendices A through D.
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The FAA recognizes that, there are current FSTD qualification
projects in process with the FAA through deviation authority found in
part 60. Additionally, a small number of sponsors and manufacturers
have applied for and obtained deviation for powered-lift FSTDs. The FAA
notes that, while these persons have been granted deviations, there are
currently no qualified powered-lift FSTDs as an outgrowth of these
deviations because the powered-lift represented by the FSTD are not yet
type-certificated, which is a contingency of deviation. The FAA will
collaborate with these sponsors and manufacturers, as well as those
with qualification projects in process, to accommodate an efficient
transition to this new framework that does not result in a
qualification gap.
Additionally, due to the high level of interest in the advancement
of Advanced Air Mobility (AAM) aircraft, the FAA is aware of several
international working groups, including consensus standards
organizations that are in various stages of developing FSTD standards
for powered-lift. While there are no such consensus standards currently
published for use in FSTD qualification, the FAA anticipates
forthcoming published standards. The FAA notes that these consensus
standards may be considered during the qualification of powered-lift
FSTDs under this part. However, the FAA declines to include them as a
compulsory basis for qualification given the current lack of consensus
standards to evaluate against a permanent QPS for powered-lift.

V. Certification of Powered-Lift Pilots

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

Part 61 prescribes the requirements for issuing pilot and flight
instructor certificates and ratings, the conditions under which those
certificates and ratings are necessary, and the privileges and
limitations of those certificates and ratings.\32\ Pursuant to part 61,
the FAA issues six levels of pilot certificates: student, sport,
recreational, private, commercial, and ATP.\33\ The FAA also issues
category, class, and type ratings on the pilot certificate. To act as
PIC of any aircraft, a person must hold the category, class, and type
rating (if class and type rating are applicable) on their pilot
certificate.\34\ To obtain certificates and ratings, an applicant must
meet aeronautical experience requirements and successfully complete a
practical test in an aircraft appropriate to the rating(s) sought.\35\
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\32\ 14 CFR 61.1(a)(1).
\33\ 14 CFR 61.5(a)(1).
\34\ 14 CFR 61.31(d).
\35\ For most pilot certificates, applicants also must receive
training or complete home study on aeronautical knowledge areas and
pass a knowledge test.
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For the purpose of airmen ratings, ``category'' is defined as a
broad classification of aircraft (e.g., airplane, rotorcraft, powered-
lift), and ``class'' is defined as a group of aircraft within a
category that have similar operating characteristics (e.g., single
engine, multiengine, helicopter).\36\ In 1997, the FAA established a
powered-lift category rating in part 61 for the private pilot through
ATP certificates, as well as for the flight instructor certificate in
anticipation of further developments in aviation technology.\37\ At the
time of that rulemaking, the FAA determined that it was not feasible to
establish class ratings within the powered-lift category.\38\ The FAA
considered whether powered-lift should include class ratings and type
ratings but ultimately decided not to create powered-lift classes or
require type ratings for powered-lift beyond the type rating
requirements set forth in Sec. 61.31(a) (i.e., large aircraft or as
specified by the Administrator under aircraft type certificate
procedures).\39\ The FAA concluded that safety needs were met by
establishing a separate aircraft category only, and requiring a type
rating for every make and model of powered-lift might discourage the
development of smaller powered-lift intended for general aviation.\40\
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\36\ 14 CFR 1.1.
\37\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; Final Rule, 62 FR 16220 at 16231 (Apr. 4,
1997).
\38\ Flight Instructor, Ground Instructor, and Pilot School
Certification Rules; NPRM, 60 FR 41160 at 41165 (Aug. 11, 1995).
\39\ Id.
\40\ Id.
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In light of powered-lift coming to market, the FAA has reconsidered
whether a type rating should be required for each type \41\ of powered-
lift.

[[Page 38956]]

This section discusses the current type rating requirements of Sec.
61.31(a), the challenges with the current regulatory framework in part
61 for powered-lift, and the FAA's proposal to require the PIC of a
powered-lift to hold a type rating on their pilot certificate.
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\41\ The FAA defines type in Sec. 1.1 to mean, in pertinent
part, a specific make and basic model of aircraft, including
modifications thereto that do not change its handling or flight
characteristics and, as used with respect to the certification of
aircraft, means those aircraft which are similar in design.
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Section 61.31(a) prescribes when a person must hold a type rating.
Currently, to act as PIC of a large aircraft \42\ (except lighter-than-
air) or a turbojet-powered airplane, a person must hold a type rating
for the aircraft on their pilot certificate. Additionally, a person
must hold a type rating on their pilot certificate for other aircraft
specified by the Administrator through the aircraft type certificate
procedures.\43\ To obtain a type rating, a person must receive
aircraft-specific training and pass a practical test in the aircraft
for the type rating sought.\44\
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\42\ Section 1.1 defines ``large aircraft'' as ``aircraft of
more than 12,500 pounds, maximum certificated takeoff weight.''
\43\ Aircraft type certification regulations are found in 14 CFR
part 21. As discussed in section V.H.1 of this preamble, FSBs are
established when the responsible FAA Aircraft Certification Office
issues a Type Certificate for large aircraft, turbojet powered
airplanes, and other aircraft specified by the Administrator through
the aircraft certification process. Powered-lift will be evaluated
under the existing FSB process, which will determine the
requirements for a pilot type rating and develop training objectives
for the type rating.
\44\ 14 CFR 61.63(d), 61.157(b).
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Initially, the FAA required type ratings only for large aircraft
when passengers were carried onboard or when the large aircraft was
operated for compensation or hire, and for helicopters that were
operated by ATPs.\45\ However, in 1965, the FAA expanded the aircraft
for which it required a person to hold a type rating to all large
aircraft and small turbojet-powered airplanes.\46\ The FAA explained
that the speed, complexity, and operating characteristics of large
aircraft require the PIC to demonstrate their ability to operate the
large aircraft regardless of the type of activity in which the aircraft
is engaged.\47\ For small, turbojet-powered airplanes, the FAA
explained that the performance, environment, and operating
characteristics of those airplanes are very similar to those of large
turbojet-powered airplanes.\48\ The FAA determined that, because
turbojet-powered airplanes are so refined that improper or inept
handling is likely to be immediately critical, a person must
demonstrate their competency to operate those airplanes by obtaining a
type rating for the particular type of airplane involved.\49\
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\45\ In 1964, 14 CFR 61.15(d) stated that, in addition to
category and class ratings, the name of each type of large aircraft
for which a pilot is rated is placed on the person's certificate if
that type of aircraft is certificated by the Administrator for civil
operations, and, in the case of ATPs, a helicopter type rating is
issued for each type of helicopter. In 1964, 14 CFR 61.159 stated
that for ATP aircraft ratings, the category and class of aircraft
and type, if it is a helicopter or large aircraft, are placed on the
person's certificate.
\46\ Pilot Rating Requirements, Final Rule, 30 FR 11903 (Sep.
17, 1965).
\47\ Pilot Rating Requirements, NPRM, 29 FR 13038 (Sep. 17,
1964).
\48\ Id.
\49\ Id.
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Currently, the FAA's regulatory framework in part 61 allows for the
issuance of a powered-lift category rating on a pilot certificate.
Industry has begun developing new powered-lift varying widely in design
from the relatively simple and uniform models of powered-lift that the
FAA anticipated in the 1990s. The powered-lift coming to the civilian
market have complex and unique design, flight, and handling
characteristics with varying degrees of automation. More specifically,
powered-lift designs vary in unique configurations from tilt-wing,
tilt-propeller, lift plus cruise, and tilt plus cruise aircraft. These
new powered-lift designs are capable of VTOL operations and many are
also capable of takeoff and landings using wing-borne lift. As a
result, the flight deck designs require new flight controls, commonly
referred to as inceptors.\50\ These aircraft have unique flight and
handling qualities that are managed with indirect flight controls,
meaning movement of the inceptor does not directly correlate to the
movement of a specific flight control surface. Because each powered-
lift can have different configurations, unique inceptors, diversified
flight controls, and complicated and distinctive operating
characteristics, the FAA has determined that it is still not feasible
to establish classes within the powered-lift category at this time.
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\50\ For purposes of this preamble, the term ``inceptor'' refers
to a wide variety of non-traditional pilot controls through which
pilot inputs are managed for the purpose of operating the powered-
lift.
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If the FAA were to generalize the training requirements based on
classification of powered-lift, the training requirements would not
sufficiently address the unique characteristics of each powered-lift
that requires specific aircraft training and evaluation to determine
pilot competency in flying the aircraft. To further underscore this
need, similar to large aircraft and turbojet-powered airplanes,
improper or inept handling of certain powered-lift is likely to be
immediately critical. The kinds of operations envisioned for powered-
lift include low altitude, dense urban environments, and congested
airspace where there will be little room for error. Pilot knowledge and
skill in operating powered-lift must be assessed and requiring a type
rating most effectively accomplishes this safety objective.\51\
Finally, to maintain consistency with international standards, ICAO
requires that, in the absence of establishing powered-lift classes, a
PIC of a powered-lift must hold a type rating for the aircraft
flown.\52\
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\51\ The FAA considered proposing an endorsement for each type
of powered-lift but determined that it would be insufficient to
address pilot proficiency for purposes of initial qualification.
Current endorsements as set forth in Sec. 61.31 generally involve
limited training on a specific capability (e.g., high performance
aircraft) and have no independent evaluation of the pilot's
proficiency.
\52\ Annex 1, Section 2.1.3.2.
---------------------------------------------------------------------------

Requiring persons to hold type ratings for powered-lift would
establish an appropriate level of safety by ensuring persons receive
adequate training and are tested on the unique design and operating
characteristics of each powered-lift. Specifically, as discussed in
section V.H of this preamble, an FSB is typically formed for aircraft
that require a type rating. The FSB would evaluate each powered-lift on
a case-by-case basis to determine whether the training recommended by
the manufacturer would enable the pilot to safely operate the aircraft
in the NAS. Additionally, the FSB would identify the unique
characteristics of each powered-lift that require special training.
Subsequently, these findings are utilized in conjunction with the
appropriate powered-lift ACS to conduct training and practical tests
for a type rating, ensuring that an applicant is knowledgeable and
capable of safely operating the unique powered-lift type.
Accordingly, the FAA proposes to revise Sec. 61.31(a) by adding a
new paragraph (a)(3), which would require a person who acts as PIC of a
powered-lift to hold a type rating for the aircraft. The FAA also
proposes to redesignate current Sec. 61.31(a)(3), which requires a
type rating for other aircraft specified by the Administrator through
aircraft type certificate procedures, as new Sec. 61.31(a)(4). The FAA
proposes to make a conforming amendment to Sec. 61.5, which sets forth
the various certificates and ratings that may be issued under part 61.
Specifically, Sec. 61.5(b)(7) sets forth the aircraft type ratings
that may be placed on a pilot certificate when the applicant
satisfactorily accomplishes the training and certification requirements
for the rating sought.

[[Page 38957]]

These type ratings include the aircraft currently identified in Sec.
61.31(a) as well as the SIC pilot type rating for aircraft that are
type-certificated for operations with a minimum crew of at least two
pilots. The FAA proposes to add a new paragraph (b)(7)(iii) to reflect
the proposed aircraft type rating for a powered-lift and to redesignate
current Sec. 61.5(b)(7)(iii) as new Sec. 61.5(b)(7)(iv). With respect
to current Sec. 61.5(b)(7)(iv), which allows for the issuance of a SIC
pilot type rating, the FAA has determined that this provision does not
belong under Sec. 61.5(b)(7), which contains aircraft type ratings,
because a pilot type rating subject to ``SIC Privileges Only'' is not
an aircraft type rating.\53\ To more accurately depict the SIC pilot
type rating as a rating that is placed on a pilot certificate, the FAA
proposes to relocate the provision that currently exists in Sec.
61.5(b)(7)(iv) to new Sec. 61.5(b)(9).
---------------------------------------------------------------------------

\53\ There is no practical test required for the issuance of the
SIC pilot type rating. 14 CFR 61.55(e)(7). A pilot type rating
subject to ``SIC Privileges Only'' is solely intended to allow
persons who met the SIC requirements found in Sec. 61.55 to operate
in international airspace. Second-in-Command Pilot Type Rating,
Final Rule, 70 FR 45264 (Aug. 4, 2005). See Legal Interpretation to
Mr. Counsil (Apr. 13, 2012).
---------------------------------------------------------------------------

In addition to the type-certificated powered-lift that will be
coming to civil operations, the FAA already has issued special
airworthiness certificates for experimental purposes in accordance with
Sec. 21.191 to several powered-lift and anticipates a continuing need
to issue these special airworthiness certificates as more powered-lift
are developed.\54\ Because most of these aircraft do not have
established type ratings, the proposed type rating requirement of Sec.
61.31 would not apply.\55\ In general, experimental aircraft are not
subject to the same airworthiness standards as their counterparts
holding standard airworthiness certificates. For instance, these
aircraft are not required to satisfy many of the regulatory design,
build, maintenance, and inspection requirements mandated for aircraft
holding a standard airworthiness certificate. As a result of these
differing standards, experimental aircraft are subject to certain
operational requirements, including restrictions on the purpose of the
operation,\56\ a general prohibition on operating over densely
populated areas unless otherwise authorized by the Administrator,\57\
and other operating limitations assigned during the aircraft
certification process to further mitigate risks associated with various
hazards that may be introduced in experimental aircraft.
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\54\ The FAA does not anticipate that part 141 pilot schools and
part 142 training centers will have the capacity to provide training
and testing for ratings and authorizations for each and every type
of experimental powered-lift developed. This is particularly true
for operators of experimental amateur-built powered-lift, amateur
kit-built powered-lift, and exhibition powered-lift. Therefore, the
FAA will maintain the current path to certification codified in part
61, which does not require training under an approved training
program, for experimental powered-lift pilots at the private pilot
level and above. See 14 CFR 61.109(e), 61.129(e), 61.163, and
61.187.
\55\ Section 61.31(l)(1) excludes all aircraft not type-
certificated as airplanes, rotorcraft, gliders, lighter-than-air
aircraft, powered-lifts, powered parachutes, or weight-shift-control
aircraft from Sec. 61.31 applicability. This provision is meant to
create an exception for aircraft for which there is no established
category or class rating (e.g., hoverboards, jetpacks). The use of
the term ``type-certificated'' could create confusion since not all
aircraft that meet the regulatory definition of airplane or
rotorcraft will be type certificated. Because this provision could
be read as conflicting with more specific exceptions for
experimental aircraft in Sec. 61.31(l)(2), the FAA is proposing to
clarify the intent of this exception by specifying that the section
does not require a category and class rating for aircraft that are
not identified under Sec. 61.5(b).
\56\ See Sec. 91.319(a)(1), which prohibits a person from
operating an experimental aircraft for other than the purpose for
which the certificate was issued.
\57\ See Sec. 91.319(c), which generally prohibits experimental
aircraft operations over densely populated areas or in congested
airways, unless otherwise authorized by the Administrator.
---------------------------------------------------------------------------

In accordance with Sec. 91.319(i), the Administrator may prescribe
additional operating limitations for experimental aircraft where
necessary for safety. The FAA has employed the operating limitations
issued with an experimental airworthiness certificate to require pilots
to hold category and class ratings for all experimental aircraft and
additional authorizations for certain experimental aircraft even when
no passengers are carried on board.\58\ As with experimental airplanes
and experimental rotorcraft, the FAA will apply category ratings and
other authorizations (e.g., the authorization to act as PIC) through
operating limitations for experimental powered-lift, as warranted.
---------------------------------------------------------------------------

\58\ The FAA provides guidance to its workforce in FAA Order
8130.2J, Appendix D, Table D-1, Operating Limitations on how to
evaluate and apply operating limitations to experimental aircraft.
---------------------------------------------------------------------------

Additionally, the FAA notes its use of certain terms throughout
this preamble and the proposed SFAR pertaining to the operation of
experimental powered-lift. To clearly delineate to whom the FAA is
referring, the FAA proposes to define, in proposed Sec. 194.103(b),
the terms ``manufacturer,'' ``instructor pilot,'' and ``test pilot.''
First, the FAA proposes to define a manufacturer as any person who
holds, or is an applicant for, a type or production certificate for an
aircraft. An amateur builder under Sec. 21.191(g), a builder of a kit
aircraft under Sec. 21.191(h), or the holder of a restricted category
type certificate is not considered a manufacturer for purposes of the
SFAR set forth by proposed part 194.\59\ This definition will draw a
distinction between persons who are amateur aircraft builders and
manufacturers with a safety system program and quality control systems
in place that meet a higher level of safety.
---------------------------------------------------------------------------

\59\ The FAA notes that ``person'' is defined in Sec. 1.1 as an
individual, firm, partnership, corporation, company, association,
joint-stock association, or governmental entity, and includes a
trustee, receiver assignee, or similar representative of any of
them. Therefore, a broad range of entities, other than an amateur
builder or builder of a kit aircraft under Sec. 21.191(g) and (h)
or a restricted category type certificate holder, could be
considered manufacturers (e.g., aerospace companies, transportation
corporations) for purposes of proposed part 194.
---------------------------------------------------------------------------

The FAA also proposes to define certain pilots employed or used by
a powered-lift manufacturer, including in a contractor or consultant
role. First, the FAA proposes to define an instructor pilot as a pilot
employed or used by a manufacturer of a powered-lift to conduct
operations of the powered-lift for the purpose of developing a proposed
training curriculum \60\ and providing crew training. Although some of
these instructor pilots may hold FAA flight instructor certificates,
their roles and responsibilities for the manufacturer do not involve
flight training for meeting FAA airman regulations. Second, the FAA
proposes to define a test pilot as a pilot employed or used by a
manufacturer of a powered-lift to conduct operations of the powered
lift for the purpose of research and development and showing compliance
with the regulations. Additional discussion on the responsibilities of
test pilots may be found in section V.D.
---------------------------------------------------------------------------

\60\ For purposes of this preamble, the term ``proposed training
curriculum'' refers to the curriculum that the manufacturer is
developing. The FAA is describing the training curriculum as
``proposed'' because the curriculum will not be validated at the
time the instructor pilot provides the training to the test pilot.
---------------------------------------------------------------------------

B. Applicability of the Type Rating Requirement to Military Pilots

For more than 80 years, the FAA's regulations have allowed military
pilots to apply for FAA pilot certificates based on their military
pilot experience.\61\ Currently, Sec. 61.73(a) permits a military

[[Page 38958]]

pilot or former military pilot \62\ who meets certain requirements to
apply on the basis of their military pilot qualifications for a
commercial pilot certificate with the appropriate category and class
rating, an instrument rating with the appropriate aircraft rating, and
a type rating.\63\ Additionally, Sec. 61.73(g) permits a military or
former military instructor pilot or pilot examiner to apply for, and be
issued, a flight instructor certificate with appropriate aircraft
ratings, provided certain requirements are met.
---------------------------------------------------------------------------

\61\ 14 CFR 20.149 (1938), Military competence, stated that an
applicant who has been an active member of certain military branches
may be deemed competent to have met certain requirements to be
issued a pilot certificate, including aeronautical knowledge,
experience, and skill.
\62\ For purposes of this preamble, references to military
pilots are inclusive of former U.S. military pilots.
\63\ While military pilots may receive an FAA certificate
through their military experience, they must continue to follow FAA
regulations to exercise their FAA certificate(s) received through
Sec. 61.73 (e.g., recency of experience requirements in Sec.
61.57).
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Because there are no type-certificated powered-lift to date, there
are no standard category powered-lift available for civilian pilots to
obtain certification through the regular pathway of ground training,
flight training, and successful completion of a knowledge test and
practical test. The U.S. Armed Forces, however, maintains and uses
powered-lift in military operations (e.g., the Bell-Boeing V-22 Osprey,
McDonald-Douglas AV-8 Harrier, F-35B STOVL), where pilots establish
experience operating these powered-lift.\64\ Therefore, as a result of
the military pilot competency provisions set forth in Sec. 61.73, the
only pilots who currently hold commercial pilot certificates with
powered-lift category ratings, instrument-powered-lift ratings, and
flight instructor certificates with powered-lift category and
instrument ratings are military pilots who obtained those certificates
and ratings under Sec. 61.73, based on their military pilot
qualifications.
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\64\ Based on discussions with current and former military
powered-lift pilots, a military powered-lift pilot will generally
have between 1,000-2,500 hours of total powered-lift time, which
includes about 500-1,250 hours of PIC powered-lift time. See
Recognition of Pilot in Command Experience in the Military and Air
Carrier Operations, 87 FR 57578, 57580 (Sep. 21, 2022).
---------------------------------------------------------------------------

Due to the absence of any type-certificated powered-lift, military
pilots who have received an FAA powered-lift category rating are
currently limited in their ability to exercise those privileges in
civil operations. At this time, the only powered-lift that have entered
civil operations are those that have been issued experimental
airworthiness certificates.\65\ The FAA anticipates two additional
avenues for powered-lift to enter civil operations: (1) new FAA type-
certificated powered-lift, or (2) surplus military powered-lift,
similar to military airplanes and rotorcraft that enter civil
operations with an experimental or restricted category airworthiness
certificate. There are no surplus military powered-lift that have come
into civil operations through the special airworthiness certification
process, and the FAA does not anticipate surplus military powered-lift
to enter civil operations in the near term. If this were to occur, the
FAA will follow the existing regulations, policies, and procedures to
address surplus military powered-lift as currently used to evaluate
surplus military airplanes and rotorcraft. Specifically, type ratings
are designated for surplus military aircraft with civil certificate
type ratings through the FSB process, which would evaluate each
respective powered-lift, further discussed in section V.H of this
preamble.
---------------------------------------------------------------------------

\65\ For those manufacturers currently developing powered-lift,
operating limitations pertaining to pilot qualifications may be
applied to experimental powered-lift. FAA Order 8900.1 Vol. 5, Chap.
9, Sec. 2.
---------------------------------------------------------------------------

Under Sec. 61.73(e), an aircraft type rating may be issued to a
military pilot only for a type of aircraft that has a comparable civil
type designation by the Administrator. Because there are currently no
military powered-lift for which comparable civil type ratings have been
designated, military pilots with powered-lift experience are unable to
obtain a powered-lift type rating pursuant to Sec. 61.73. As a result,
military pilots seeking a commercial pilot certificate under Sec.
61.73 are currently limited to the issuance of a powered-lift category
rating and an instrument-powered-lift rating.\66\ While these military
pilots have extensive flight experience in a powered-lift operated by
the U.S. Armed Forces, the FAA finds that this experience alone is
insufficient for military pilots to transition safely to the types of
powered-lift currently working through the FAA type certification
process.\67\ Specifically, military aircraft maintain certain
characteristics that are unique to U.S. Armed Forces missions that will
not be present in civil powered-lift. The technology, operating
characteristics, and flight control implementation may not correspond
to the civil operations anticipated for FAA type-certificated powered-
lift. Further, as previously discussed, there are also significant
differences between each civil powered-lift in performance, complexity,
and operating characteristics. For these reasons, the FAA is not
proposing any exception to the type rating requirement for military
pilots who obtain powered-lift ratings through military competency.
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\66\ Should a civil type-certificated version of a military
powered-lift become available, pilots with the appropriate military
experience, as identified in Sec. 61.73, would be eligible to
receive the type rating in the same manner that airplane and
rotorcraft military pilots currently receive them, pursuant to Sec.
61.73(e).
\67\ The FAA has historically found some differences between
military aircraft/operations and civilian aircraft/operations and
implemented safety measures to address them when necessary. For
example, in 1967, a military branch began using ``pink'' instrument
cards for instrument flight operations in tactical environments.
Because these pilots were not trained in IFR airway operations or in
the use of standard approach procedures, the FAA amended Sec. 61.73
creating a restriction based on the incongruence between the
military practice and an FAA instrument rating. The restriction was
removed when the branch ceased issuing the cards. Final Rule,
Condition for Issuing Instrument Rating Based on Military
Competence, 23 FR 10643 (Jul. 20, 1967) (adding Sec. 61.73(g)(6));
Final Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4, 1997) (removing
Sec. 61.73(g)(6)).
---------------------------------------------------------------------------

Military pilots may continue to apply for commercial pilot
certificates with powered-lift category ratings, instrument-powered-
lift ratings, and flight instructor certificates with powered-lift
category and instrument ratings pursuant to the existing requirements
in Sec. 61.73, based on their military pilot qualifications. However,
to act as PIC of a type-certificated powered-lift, these military
pilots would be required to pass a practical test to obtain a type
rating on their pilot certificate for the type of civil powered-lift
they seek to fly. Likewise, those military instructors who have
obtained or will obtain a flight instructor certificate with a powered-
lift category and instrument rating through military competency would
be permitted to conduct flight training in a powered-lift only after
obtaining a type rating on their pilot certificate for the powered-lift
in which they conduct flight training.\68\
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\68\ Under Sec. 61.195(e), a flight instructor may not give
flight training, including instrument training, in an aircraft that
requires the PIC to hold a type rating unless the flight instructor
holds a type rating for that aircraft on their pilot certificate.
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C. Applicability of the SIC Qualification Requirements of Sec. 61.55
to Powered-Lift

Given the diverse characteristics of powered-lift discussed
earlier, the FAA considered whether a person serving as SIC of a
powered-lift should also be required to hold a powered-lift type rating
on their pilot certificate. Upon evaluating the current SIC
qualification requirements of Sec. 61.55, the role of a PIC, and the
reasons for requiring the PIC to hold a type rating, the FAA has
determined that the SIC qualification requirements of Sec. 61.55 are
sufficient, provided the person serving as SIC has passed the practical
test in a powered-lift that is capable of performing all the

[[Page 38959]]

tasks required by the applicable Powered-Lift Category ACS.\69\
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\69\ The FAA is proposing to permanently add new Sec.
61.55(a)(4) to address SIC qualifications when a powered-lift is not
able to perform all tasks on a practical test. This change is
``permanent'' because it would exist in 14 CFR part 61 as opposed to
proposed part 194. To the extent a person would not be tested on a
task specified in that ACS, section V.G of this preamble explains a
proposal to impose additional training and an endorsement to ensure
the person is trained and found proficient on any tasks that were
omitted on the practical test prior to serving as SIC of a different
powered-lift that is capable of performing the task.
---------------------------------------------------------------------------

Currently, to serve as SIC of an aircraft type-certificated for
more than one required pilot flight crewmember or in operations
requiring an SIC pilot flight crewmember in part 91 (excluding subpart
K of part 91),\70\ a person must satisfy the SIC qualification
requirements set forth in Sec. 61.55. Section 61.55(a) requires the
person serving as SIC to hold (1) at least a private pilot certificate
with the appropriate category and class rating, (2) an instrument
rating or privilege that applies to the aircraft being flown if the
flight is under IFR,\71\ and (3) at least a pilot type rating (``SIC
Privileges Only'') for the aircraft being flown unless the flight will
be conducted as domestic flight operations within the U.S. airspace.
---------------------------------------------------------------------------

\70\ As discussed in this section, certain requirements in Sec.
61.55 do not apply to a person who is designated and qualified as
PIC or SIC under subpart K of part 91 (Fractional Ownership
Operations).
\71\ Section V.G of this preamble discusses the FAA's proposal
to allow a pilot to obtain a powered-lift type rating and category
rating without an instrument rating. In that circumstance, a ``VFR
only'' limitation would be added to the pilot certificate, and the
pilot could serve as SIC in VFR operations only.
---------------------------------------------------------------------------

Section 61.55(b) requires the person serving as SIC to complete SIC
familiarization training for the specific type of aircraft for which
SIC privileges are sought within the 12 calendar months preceding the
month of the flight.\72\ The SIC familiarization training consists of
two components. First, the person must become familiar with certain
information for the specific type aircraft including operational
procedures applicable to the powerplant, equipment, and systems;
performance specifications and limitations; normal, abnormal, and
emergency operating procedures; flight manual; and placards and
markings. Second, the person must perform and log pilot time in the
type of aircraft that includes three takeoffs and three landings to a
full stop as the sole manipulator of the flight controls, engine-out
procedures and maneuvering with an engine out while executing the
duties of PIC, and crew resource management training.
---------------------------------------------------------------------------

\72\ The familiarization training required in Sec. 61.55(b)
does not apply to a person who is designated and qualified as PIC or
SIC under subpart K of part 91 (Fractional Ownership Operations).
Rather, those pilots may satisfy the training required by that
subpart to serve in fractional ownership operations in lieu of the
familiarization training.
---------------------------------------------------------------------------

This preamble explains why the qualification requirements of Sec.
61.55 would ensure that a pilot is qualified to act as SIC of a
powered-lift under part 91 (excluding operations conducted under
subpart K of part 91), provided the person has passed at least the
private pilot practical test in a powered-lift that is capable of
performing all the tasks required by the applicable ACS.\73\ The
preamble also discusses the SIC pilot type rating that is required for
international operations.
---------------------------------------------------------------------------

\73\ As explained in section V.G. of this preamble, certain
powered-lift designs may be precluded from performing a task
required by the applicable Powered-Lift Category ACS. When this
occurs, the proposed rule language in proposed Sec. 194.207 of this
SFAR would enable an examiner to waive the task on the practical
test. Thus, a person may obtain a powered-lift category rating on
their pilot certificate without being required to perform all the
tasks specified in the ACS. This person may then seek to serve as
SIC of a powered-lift type that is capable of performing the task
for which the pilot was never trained or tested. Section V.G of this
preamble discusses this issue in detail and proposes to require
additional training and an endorsement to ensure all persons seeking
to serve as SIC of a powered-lift have all been trained and found
proficient on the tasks required in the applicable Powered-Lift
Category ACS.
---------------------------------------------------------------------------

1. SIC Qualification Requirements
The FAA has imposed qualification requirements on persons seeking
to serve as SIC of certain aircraft since 1972.\74\ In fact, the
requirement for an SIC to hold at least a private pilot certificate
with the appropriate ratings and an instrument rating if the flight is
conducted under IFR has remained unchanged since that time.
Additionally, the SIC familiarization training requirements, which were
also adopted in 1972, have been slightly expanded to include additional
information and procedures \75\ but otherwise remain unchanged. The FAA
adopted the SIC qualification requirements in part 61 in recognition of
the tremendous growth of part 91 operations and the introduction of
more sophisticated aircraft to this large segment of aviation.\76\ The
FAA intended for the SIC qualification requirements to ensure that
sufficiently qualified pilots occupy both flight crewmember
positions.\77\
---------------------------------------------------------------------------

\74\ Large and Turbine-Powered Multiengine Airplanes, Final
Rule, 37 FR 14759 (Jul. 25, 1972). The SIC requirements were
proposed as 14 CFR 61.47b but adopted in the final rule as 14 CFR
61.46 and were applicable to persons seeking to serve as SIC of a
large or turbojet-powered multiengine airplane type-certificated for
more than one required pilot flight crewmember. In 1973, the FAA
relocated 14 CFR 61.46 to 14 CFR 61.55, as it is currently situated
today.
\75\ See 51 FR 40692 (Nov. 7, 1986) (applying SIC requirements
to all aircraft type-certificated for more than one pilot and adding
``approved flight manual material, placards, and markings'' to the
type specific information with which the pilot must become
familiar); see also 62 FR 16220 (Apr. 4, 1997) (adding ``crew
resource management training'' to time that must be performed and
logged).
\76\ Second-In-Command Qualifications and Pilot-In-Command
Proficiency Checks, NPRM, 36 FR 5247 (Mar. 19, 1971). Second-In-
Command Qualifications and Pilot-In-Command Proficiency Checks,
supplemental notice of proposed rulemaking (SNPRM), 36 FR 11865
(Jun. 16, 1971). In adopting SIC qualification requirements in part
61 for persons serving as SIC in part 91 operations, the FAA also
considered the improved safety record in part 121 operations, which
stemmed from a modern system of pilot training and qualification for
part 121 certificate holders.
\77\ Id.
---------------------------------------------------------------------------

The SIC qualification requirements of Sec. 61.55 apply to persons
seeking to serve as SIC of an aircraft type-certificated for more than
one required pilot flight crewmember or in operations requiring a SIC
pilot flight crewmember. As such, this requirement without a regulatory
amendment will apply to SICs of any powered-lift that is type-
certificated for more than one required pilot flight crewmember.
Additionally, the requirements of Sec. 61.55 would apply during
operations that require more than one pilot flightcrew member by
regulation.\78\
---------------------------------------------------------------------------

\78\ See Sec. Sec. 91.189, 135.99, 135.101, and 135.111 and
subpart K of part 91.
---------------------------------------------------------------------------

Despite proposing to require the PIC to hold a type rating, the FAA
has determined that, with the exception of the unique scenario when a
powered-lift is not capable of performing all required ACS tasks as
discussed in section V.G of this preamble, there is no need to impose
requirements beyond those contained in Sec. 61.55 for persons seeking
to serve as SIC of a powered-lift, which have been deemed sufficient
for other categories of aircraft for over 50 years.\79\ As such, a
person seeking to serve as SIC will hold the appropriate powered-lift
ratings on their pilot certificate and complete familiarization
training in the specific type of powered-lift for which SIC privileges
are sought.
---------------------------------------------------------------------------

\79\ Large and Turbine-Powered Multiengine Airplanes, Final
Rule, 37 FR 14759 (Jul. 25, 1972).
---------------------------------------------------------------------------

The requirements of Sec. 61.55(a) ensure that the SIC has obtained
experience in the powered-lift category and successfully passed a
practical test to obtain the powered-lift rating. The FAA recognizes
that this experience may be in a different type of powered-lift than
the powered-lift for which SIC privileges are sought. For a pilot who
has passed the practical test in a powered-lift that is capable of

[[Page 38960]]

performing all the tasks required by the ACS, the FAA finds that the
existing SIC familiarization training would ensure that the person
seeking to act as SIC becomes familiar with and gains sufficient
experience operating the specific type of powered-lift before acting as
SIC of that aircraft.\80\
---------------------------------------------------------------------------

\80\ For a pilot who was not required to demonstrate proficiency
of each task required by the applicable Powered-Lift Category ACS,
section V.G of this preamble discusses the proposed training and
endorsement requirements that would apply.
---------------------------------------------------------------------------

Pursuant to Sec. 61.55(b)(1), the person seeking to serve as SIC
of a powered-lift would be required to become familiar with information
for the specific type of powered-lift for which SIC privileges are
sought, including the operational procedures applicable to the
powerplant, equipment, and systems; performance specifications and
limitations; normal, abnormal, and emergency operating procedures;
flight manual; and placards and markings. Additionally, pursuant to
Sec. 61.55(b)(2), the person seeking SIC privileges for a powered-lift
would be required to log pilot time in the type of powered-lift \81\
that includes the performance of three takeoffs and landings to a full
stop as the sole manipulator of the flight controls, engine-out
procedures and maneuvering with an engine out while executing the
duties of PIC, and crew resource management training. Therefore, while
the person seeking SIC privileges would hold only a powered-lift
category rating, a person would become familiar with the unique
operating characteristics of the specific type of powered-lift prior to
serving as SIC of the powered-lift. Additionally, the SIC
familiarization training requirements of Sec. 61.55(b) serve as
recency of experience requirements in that they require a person to
accomplish the familiarization training specified in Sec. 61.55(b)(1)
and (2) in the specific type of aircraft within the 12 calendar months
preceding the month of the flight. This requirement would ensure that
the SIC of a powered-lift has recent experience handling the flight
controls of the powered-lift for which the SIC privileges are sought.
---------------------------------------------------------------------------

\81\ The FAA notes that Sec. 61.55(b)(2) permits the individual
to perform and log pilot time in a flight simulator that represents
the type of aircraft for which SIC privileges are requested.
---------------------------------------------------------------------------

Further, the FAA considered the role of a PIC versus a SIC in part
91 operations, the FAA has determined that it would be unnecessary to
hold the SIC of a powered-lift to the same training and testing
standards as the PIC of a powered-lift. While a person serving as SIC
of a powered-lift may manipulate the controls of the powered-lift
during an operation, the PIC, who would hold a type rating and would
have demonstrated mastery of the specific type of powered-lift, remains
directly responsible for, and is the final authority as to the
operation of, that powered-lift.\82\ Thus, as with other categories of
aircraft, the PIC would have the ability to take over the flight
controls at any point during the flight.
---------------------------------------------------------------------------

\82\ A PIC has final authority and responsibility for the
operation and safety of the flight per the definition of PIC
contained at Sec. 1.1. See also 14 CFR 91.3(a), Responsibility and
authority of the pilot in command.
---------------------------------------------------------------------------

For the reasons discussed above, with the exception of the
situation discussed in section V.G of this preamble, the FAA has
determined that the existing SIC qualification requirements of Sec.
61.55(a) and (b) ensure that the person serving as SIC of a powered-
lift in part 91 operations (excluding operations conducted under
subpart K of part 91) is sufficiently qualified to act as SIC.
Accordingly, this proposed rule would not require the SIC of a powered-
lift to hold a type rating for the powered-lift.
As for the initial cadre \83\ of pilots who may serve as SIC of a
powered-lift, Sec. 61.55(a) requires the person seeking SIC privileges
to hold at least a private pilot certificate with appropriate ratings
(i.e., powered-lift category rating) and, if the flight will be
conducted under IFR, to hold an appropriate instrument rating (i.e.,
instrument-powered-lift rating). As previously discussed in section V.B
of this preamble, current or former military pilots of powered-lift may
obtain commercial pilot certificates with powered-lift category ratings
as well as instrument-powered-lift ratings pursuant to Sec. 61.73(a)
and (b) based on their military pilot qualifications. These military
pilots may be qualified to serve as SIC of powered-lift without first
obtaining a type rating for the type of powered-lift, provided they
satisfy the applicable requirements of Sec. 61.55. Additionally,
pilots who obtain a commercial pilot certificate with a powered-lift
category rating, an instrument-powered-lift rating, and a type rating
pursuant to the alternate pathway proposed in the SFAR may be qualified
to serve as SIC of any powered-lift, provided the applicable
requirements of Sec. 61.55 are met for the powered-lift in which they
will serve as SIC.
---------------------------------------------------------------------------

\83\ The FAA uses the term ``initial cadre'' throughout this
preamble. In some instances, initial cadre refers to a sufficient
number of instructors and evaluators to train and qualify pilots for
powered-lift ratings under an approved training program under part
135, 141, or 142. In other instances, the term refers to a
sufficient number of pilots who are rated in powered-lift.
---------------------------------------------------------------------------

2. SIC Pilot Type Rating
As previously discussed, Sec. 61.55 provides for the issuance of a
SIC pilot type rating, which is required unless the flight will be
conducted as domestic flight operations within the U.S. airspace. The
FAA established the SIC pilot type rating and associated qualifying
procedures in 2005 \84\ to conform the FAA pilot type rating
requirements to the ICAO pilot type rating standards.\85\ The FAA
intended for the SIC pilot type rating requirements in Sec. 61.55 to
allow U.S. flight crews to operate in international airspace.
---------------------------------------------------------------------------

\84\ Second-in-Command Pilot Type Rating, Final Rule, 70 FR
45264 (Aug. 4, 2005). This revision did not change the qualification
requirements to serve as SIC; rather, the revision was primarily
intended to conform U.S. SIC qualification requirements under Sec.
61.55 to the ICAO standards under Annex 1 of the Convention on
International Civil Aviation.
\85\ See ICAO Annex 1, paragraphs 2.1.3.2, 2.1.4.1.b, and
2.1.4.1.1.
---------------------------------------------------------------------------

The FAA codified two procedures for obtaining the SIC pilot type
rating. Under Sec. 61.55(d), a pilot who satisfactorily completes the
SIC familiarization training requirements of Sec. 61.55(b) may apply
for and receive a pilot rating for SIC privileges in the particular
aircraft type, provided the training was completed within the 12
calendar months before the month of SIC pilot type rating application.
Additionally, under Sec. 61.55(e), a pilot who satisfactorily
completes an approved SIC training program, proficiency check, or
competency check under subpart K of part 91 or under parts 125 or 135
may apply for and receive a pilot type rating for SIC privileges in the
particular aircraft type, provided the training was completed within
the 12 calendar months before the month of SIC pilot type rating
application.
The SIC pilot type rating requirements set forth by Sec. 61.55(d)
and (e) are necessary for U.S. flight crews to operate powered-lift in
international airspace. Therefore, the current SIC pilot type rating
requirements of Sec. 61.55 will apply to persons seeking SIC
privileges in a powered-lift.

D. Supervised Operating Experience Requirements of Sec. 61.64

Section 61.64 addresses the use and limitations of full flight
simulators (FFSs) and FTDs for training or any portion of a practical
test for certificates and ratings, including aircraft type ratings. As
discussed in section IV.C, there are currently no FSTD

[[Page 38961]]

representing powered-lift that have been qualified under part 60. The
FAA anticipates, however, that a powered-lift FSTD could obtain
qualification under proposed Sec. 194.105 within the 10-year period
that the SFAR would be effective. As such, the FAA has evaluated the
requirements in Sec. 61.64 and is proposing changes.
Pursuant to Sec. 61.64(a), an applicant for an aircraft type
rating may use an FFS for training and testing, provided the FFS meets
certain requirements. Section 61.64(a)(1) requires the FFS to represent
the category, class, and type of aircraft for the rating sought.\86\
Section 61.64(a)(2) requires the FFS to be qualified and approved by
the Administrator and used in accordance with an approved course of
training under part 141 or 142, or under part 121 or 135 if the
applicant is a pilot employee of that air carrier operator.
---------------------------------------------------------------------------

\86\ The FAA recognizes that ``class'' is not applicable to
powered-lift, as proposed. Section I.H. of this preamble discusses
the FAA's proposal to update various references to category and
class to ensure each reference appropriately accounts for powered-
lift.
---------------------------------------------------------------------------

Under Sec. 61.64, an applicant for an aircraft type rating may
accomplish the entire practical test (except for preflight inspection)
in a Level C or higher FFS, the qualification of which is governed by
14 CFR part 60. However, to ensure the applicant has sufficient
experience operating the aircraft prior to serving as PIC of that
aircraft, Sec. 61.64 requires the applicant to satisfy one of the
aeronautical experience requirements set forth in Sec. 61.64(b)(1)
through (5) for turbojet airplanes, (c)(1) through (5) for turbo-
propeller airplanes, (d)(1) through (4) for helicopters, or (e)(1)
through (4) for powered-lift, as appropriate to the type rating sought.
If the applicant meets one of the aeronautical experience requirements
set forth in Sec. 61.64(b), (c), (d), or (e), as appropriate to the
type rating sought, then the applicant receives a type rating without
limitation. If the applicant does not satisfy one of the aeronautical
experience requirements, then the applicant receives a PIC limitation
on the applicant's pilot certificate in accordance with Sec.
61.64(f)(2).\87\ The PIC limitation restricts the applicant from
serving as PIC in the type of aircraft for which the applicant has
obtained a type rating until the limitation is removed from the pilot
certificate by completing the SOE requirements set forth in Sec.
61.64(g). Specifically, the applicant must perform 25 hours of flight
time in an aircraft of the category, class, and type for which the
limitation applies under the direct observation of a qualified PIC who
holds the appropriate ratings, without limitations, for the
aircraft.\88\ The applicant must obtain this SOE while performing the
duties of PIC.\89\
---------------------------------------------------------------------------

\87\ Section 61.64(f)(1) provides an alternative to the PIC
limitation specified in Sec. 61.64(f)(2). Under Sec. 61.64(f)(1),
an applicant may obtain a type rating, without limitation, by
completing the following tasks on the practical test in an aircraft
appropriate to category, class, and type for the rating sought:
preflight inspection, normal takeoff, normal instrument landing
system approach, missed approach, and normal landing.
\88\ 14 CFR 61.64(g)(1).
\89\ 14 CFR 61.64(g)(3). Additionally, Sec. 61.64(g)(2)
requires the applicant to log each flight and the PIC who observed
the flight to attest in writing to each flight. To have the
limitation removed, the applicant must present evidence of the SOE
to any examiner or Flight Standards office pursuant to Sec.
61.64(g)(4).
---------------------------------------------------------------------------

The FAA has long required SOE for newly rated pilots who used FFS
to accomplish the training and testing required for the new rating. The
SOE requirements in part 61 originated from exemptions that the FAA
issued in the 1990s.\90\ In those exemptions, the FAA permitted
applicants to exclusively use FFS for training and checking, provided
the applicants met certain experience requirements specified in the
conditions and limitations of the exemption. Applicants who met the
experience requirements in an aircraft were entitled to a pilot
certificate without limitation. For applicants who met only half of the
prerequisite experience, the FAA permitted the issuance of a
certificate with a limitation that restricted PIC privileges in the
aircraft until the applicant accomplished 15 hours of SOE in the actual
aircraft. In subsequent exemptions, the FAA extended the use of FFS to
a greater number of pilots by permitting pilots to satisfy 25 hours of
SOE in lieu of meeting the experience requirements in an aircraft.\91\
The FAA stated that the 25 hours of SOE paralleled the initial
operating experience (IOE) requirements of Sec. 121.434.
---------------------------------------------------------------------------

\90\ Exemption Nos. 3931E, 5158, 5169, 4652B.
\91\ Exemption Nos. 5232D, 5988.
---------------------------------------------------------------------------

In 1992, the FAA issued an NPRM that proposed to increase the use
of FFS and FTDs by persons other than air carrier certificate holders
and reduce the number of exemption petitions seeking to use FFS for
part 61 training.\92\ Specifically, the FAA proposed to permit an
applicant seeking an additional rating to obtain the training for that
rating in an FFS or FTD, provided the training was given in an approved
course conducted by a part 142 certificated training center.\93\ The
FAA explained that it had permitted this practice for years pursuant to
exemptions,\94\ and the training had proven to be effective.\95\
However, at that time, the FAA did not propose to require applicants to
perform any SOE after obtaining the additional aircraft rating in the
FFS or FTD.
---------------------------------------------------------------------------

\92\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, NPRM, 57 FR 35888 (Aug. 11,
1992).
\93\ Id., at 35894.
\94\ At the time of the 1992 NPRM, there were 32 exemption
holders that were permitted to use flight simulators to satisfy part
61 training and checking requirements. Id., at 35888.
\95\ Id., at 35894.
---------------------------------------------------------------------------

In response to that proposal, the FAA received several comments
pertaining to the importance of actual aircraft flight experience.\96\
The National Transportation Safety Board (NTSB) acknowledged the
limitations to simulation and stated that the proposed regulations must
be sensitive to the safety needs served by retaining some aspects of
actual flight experience. The NTSB explained that experience in
training devices cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides. The NTSB urged the FAA to review the proposed regulations to
ensure that they achieve the intent while still safeguarding basic
pilot and instructor skills provided by the physical operating
environment. Similarly, the Air Line Pilots Association (ALPA)
supported increased use of advanced simulation but cautioned against
relying too heavily on simulator training in a pilot's early years and
experience due to important safety factors. ALPA stated that one factor
is a pilot's familiarity with and management of the air traffic control
(ATC) environment, specifically the operation, decision-making
experience, and interaction with other aircraft.
---------------------------------------------------------------------------

\96\ Aircraft Flight Simulator Use in Pilot Training, Testing,
and Checking and at Training Centers, Final Rule, 61 FR 34508, 34522
(Jul. 2, 1996).
---------------------------------------------------------------------------

In the subsequent 1996 final rule,\97\ the FAA agreed with the
commenters' analysis of the importance of actual aircraft experience
when an applicant uses flight simulation for a large portion of
required training and testing. The FAA explained that, for years, it
had mechanisms for part 121 air carriers and for operators under parts
91 and 125 to ensure that PICs obtain actual aircraft experience prior
to acting as PIC for aircraft requiring a type rating. The FAA
referenced the requirement in Sec. 121.434 for a potential ATP-
certificated PIC to receive IOE under the supervision of a check pilot.
Additionally, the FAA referenced the terms of the exemptions, which
imposed SOE requirements similar to those required by Sec. 121.434

[[Page 38962]]

on relatively inexperienced pilots who sought to obtain a type rating
entirely by training and testing in an FFS for purposes of operating
under parts 91 and 125. The FAA determined that it was essential to
continue to require newly certificated or rated pilots to accomplish
SOE prior to acting as PIC for the first time in the NAS in an aircraft
that requires a type rating. As a result, the FAA adopted the first SOE
requirements in Sec. 61.64 for persons seeking to use FFS and FTDs to
obtain additional aircraft ratings.\98\
---------------------------------------------------------------------------

\97\ Id.
\98\ When Sec. 61.64 was adopted in 1996, the requirements
therein applied to additional aircraft ratings for other than ATP
certificates and for other than use under parts 121 and 135.
---------------------------------------------------------------------------

Originally, the requirements of Sec. 61.64 applied only to
applicants seeking an airplane type rating. However, in 1997, the FAA
expanded the regulation to permit applicants to use a Level C or higher
FFS to obtain an aircraft type rating in a helicopter or powered-
lift.\99\ As a result, the FAA added regulatory provisions for
helicopter and powered-lift type ratings that largely mirrored the
requirements that existed for airplane type ratings. Subsequently, in
2009, the FAA issued a final rule that established 25 hours as the
standard for SOE.\100\ The FAA explained that 25 hours is an
appropriate amount of time to ensure a pilot's qualifications.
---------------------------------------------------------------------------

\99\ In 1997, the FAA consolidated the requirements of Sec.
61.64 into Sec. 61.63, which was revised and reorganized for
clarity. 62 FR 16220, 16254.
\100\ Pilot, Flight Instructor, and Pilot School Certification,
Final Rule, 74 FR 42500, 42522 (Aug. 21, 2009). The 2009 final rule
removed the regulatory provisions that permitted a newly rated pilot
to remove the PIC limitation on their certificate by satisfying
certain experience requirements and accomplishing only 15 hours of
SOE. Additionally, the 2009 final rule added new Sec. 61.64 to
contain all use and limitation requirements for FFS and FTD. Thus,
the requirements that were previously found in Sec. 61.63(e), (f),
and (g) (for other than ATP certification) were relocated to new
Sec. 61.64.
---------------------------------------------------------------------------

As discussed in section V.F of this preamble, an applicant for a
powered-lift type rating would be required to satisfactorily complete
the training and testing for a type rating under an approved training
program at a part 141 pilot school, a part 142 training center, or a
part 135 operator. Upon completing the approved training program, the
applicant may accomplish the practical test in an FFS. The requirements
of Sec. 61.64 would, therefore, be applicable. Upon consideration of
the current requirements in Sec. 61.64 and their applicability to
applicants seeking a powered-lift type rating, the FAA finds it
necessary to: (1) propose an amendment to Sec. 61.64(e) that would
require SOE for all powered-lift type rating applicants who do not have
500 hours of flight time in the powered-lift for which they are seeking
a type rating; and (2) explain the FAA's expectations for the powered-
lift that newly rated pilots would use to perform their SOE. Each of
these items are subsequently discussed in detail.
Currently, under Sec. 61.64(e), an applicant may accomplish the
entire practical test for a powered-lift type rating in a Level C or
higher FFS and obtain the powered-lift type rating without a PIC
limitation on their pilot certificate if the applicant satisfies one of
the experience requirements set forth in Sec. 61.64(e)(1) through (4).
Section 61.64(e) contains the following options to meet the experience
requirement: (1) hold a type rating in a powered-lift without an SOE
limitation; (2) have been appointed by the U.S. Armed Forces as PIC of
a powered-lift; (3) have 500 hours of flight time in the type of
powered-lift for which the rating is sought; or (4) have 1,000 hours of
flight time in two different types of powered-lift. An applicant who
does not satisfy one of these experience requirements must perform 25
hours of SOE in a powered-lift of the type for which the limitation
applies under the direct observation of a qualified PIC prior to
serving as PIC of the powered-lift.
The FAA recognizes the significant advancements in flight
simulation technology that have contributed to the levels of realism
experienced in simulation today. Additionally, the FAA has long
recognized that the use of simulation in flight training provides an
opportunity to train, practice, and demonstrate proficiency in a safe,
controlled environment. For example, this environment enables
comprehensive and in-depth training for the efficient application of
critical emergency procedures. It is important to emphasize, however,
that as powered-lift are coming to the civilian market for the first
time, the only pilots with powered-lift experience are military pilots
and test pilots, and there is a lack of commonality in the operating
characteristics between types of powered-lift. Therefore, while
applicants for a powered-lift type rating may accomplish their training
and testing in FFS under an approved training program,\101\ the FAA has
determined that applicants must have sufficient experience operating
the powered-lift for which a type rating is sought in the actual flight
environment prior to acting as PIC of the aircraft for the first time
in the NAS. To this end, the FAA has evaluated the current provisions
in Sec. 61.64(e) to ascertain whether an applicant who meets one of
these requirements would have sufficient, transferable experience
operating an actual powered-lift such that SOE in the powered-lift for
which a type rating is sought would be unnecessary.
---------------------------------------------------------------------------

\101\ 14 CFR 61.64(a)(2).
---------------------------------------------------------------------------

The experience requirements in Sec. 61.64(e) were adopted in 1997
when the FAA added the powered-lift category to part 61. Therefore,
several of the experience requirements for powered-lift type rating
applicants are category-specific rather than class-specific, as class
ratings do not exist for powered-lift. Upon comparing the experience
requirements for powered-lift type rating applicants in Sec. 61.64(e)
to those experience requirements for airplane and helicopter type
rating applicants in Sec. 61.64(b), (c), and (d), the FAA finds that
the category-specific experience requirements for powered-lift type
ratings in Sec. 61.64(e)(1), (2), and (4) do not achieve the same
objective as the class-specific experience requirements for airplane
and helicopter type ratings in Sec. 61.64(b)(1) through (3); (c)(1)
through (3); and (d)(1), (2), and (4), as subsequently discussed.
Section 61.64(e)(1) allows an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant
already holds a type rating in a powered-lift without a SOE
limitation.\102\ While this resembles the requirements in Sec.
61.64(b)(1), (c)(1), and (d)(1), it does not achieve the same objective
as those requirements. Specifically, Sec. 61.64(e)(1) permits the
applicant to hold a type rating in any powered-lift. This differs from
Sec. 61.64(b)(1), (c)(1), and (d)(1), which are tethered to
commonalities between classes of aircraft (i.e., paragraph (b)(1)
requires the applicant to hold a type rating in a turbojet airplane of
the same class of airplane; paragraph (c)(1) requires the applicant to
hold a type rating in a turbo-propeller airplane of the same class of
airplane; and paragraph (d)(1) requires the applicant to hold a type
rating in a helicopter, which is a class of rotorcraft). Thus, the
experience requirements in Sec. 61.64(b)(1), (c)(1), and (d)(1) ensure
the applicant for an airplane or helicopter type rating holds a type
rating for an aircraft that shares similar operating characteristics as
the aircraft for which an additional type rating is sought. By
contrast, the experience requirement for powered-lift in Sec.
61.64(e)(1) permits an applicant to forgo SOE in the powered-lift for
which the type rating is sought if the applicant

[[Page 38963]]

holds a type rating in the general powered-lift category, which may
include powered-lift that vary significantly in design, handling, and
operating characteristics.
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\102\ The ``SOE limitation'' in current Sec. 61.64(e)(1) refers
to the PIC limitation specified in Sec. 61.64(f)(2).
---------------------------------------------------------------------------

Section 61.64(e)(2) permits an applicant for a powered-lift type
rating to receive a type rating without limitation if the applicant has
been appointed by the U.S. Armed Forces as PIC of a powered-lift. While
this requirement appears to parallel the requirements in Sec.
61.64(b)(3), (c)(3), and (d)(2), it differs from those requirements
because it permits the military pilot to be qualified as PIC of any
type of powered-lift rather than a powered-lift that shares similar
operating characteristics with the powered-lift for which a type rating
is sought (i.e., a class of aircraft as promulgated in paragraphs
(b)(3), (c)(3), and (d)(2)). The FAA recognizes that military pilots
who are qualified to act as PIC of military powered-lift have undergone
rigorous training and have a significant amount of flight time
operating military powered-lift in complex environments. As explained
in section V.B of this preamble, the U.S. Armed Forces have trained
military pilots to operate military-specific powered-lift, such as the
Bell-Boeing V-22 Osprey, McDonald-Douglas AV-8 Harrier, and F-35B
STOVL. These military pilots may qualify for a powered-lift category
rating based on military competency in accordance with Sec.
61.73.\103\ However, as discussed in section V.B of this preamble, the
FAA finds that the experience a military pilot has obtained while
operating powered-lift in the U.S. Armed Forces may not ensure the
pilot has the knowledge and skills necessary to handle the unique
flight qualities of the civil powered-lift for which a type rating is
sought in the civil operating environment.
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\103\ As explained in section V.B of this preamble, these pilots
would still be required to obtain a powered-lift type rating to
operate a civil powered-lift.
---------------------------------------------------------------------------

Under Sec. 61.64(e)(4), an applicant for a powered-lift type
rating may obtain the type rating without a PIC limitation if the
applicant has 1,000 hours of flight time in two different types of
powered-lift. While this requirement appears to mirror the requirements
for airplane and helicopter type ratings in Sec. 61.64(b)(2), (c)(2),
and (d)(4), it does not achieve the same objective as those
requirements because, again, it is category-specific rather than class-
specific. The 1,000 hours of experience in Sec. 61.64(b)(2), (c)(2),
and (d)(4) must be obtained in the same category and class of aircraft,
whereas the 1,000 hours of experience in Sec. 61.64(e)(4) must be
obtained in the same category of aircraft only (i.e., any powered-
lift). Requiring 1,000 hours in two different types of powered-lift,
which the FAA again emphasizes may drastically differ in operating
characteristics, may not ensure that an applicant for a powered-lift
type rating will have flight time handling the unique flight qualities
of the powered-lift for which a type rating is sought in the actual
operating environment.
In sum, the FAA has determined that broad experience obtained in
the powered-lift category should not relieve an applicant for a
powered-lift type rating from accomplishing SOE to remove a PIC
limitation in the powered-lift for which a type rating is sought.
Consistent with the FAA's determinations in the 1996 final rule
previously discussed, when an applicant uses flight simulation for a
significant portion of the required training and testing, it is
important to ensure that the applicant has experience in the actual
aircraft prior to acting as PIC of that aircraft. The FAA finds that
this is especially important for powered-lift because, as discussed in
section V.A of this preamble, powered-lift vary widely in design. Each
type of powered-lift can have different configurations, unique
inceptors, diversified flight controls, and complicated and distinctive
operating characteristics, which makes it infeasible for the FAA to
establish classes of powered-lift at this time.
To ensure pilots have experience operating the powered-lift in the
actual flight environment prior to serving as PIC of that powered-lift,
the FAA is proposing to remove the category-specific experience
requirements in Sec. 61.64(e)(1), (2), and (4). Instead, where a
powered-lift type rating applicant accomplishes the entire practical
test in an FFS and would otherwise satisfy the current experience
requirements in those paragraphs, the FAA would require a PIC
limitation be placed on their certificate. The pilot would be required
to accomplish SOE in the powered-lift under the observation of a
qualified PIC to remove the limitation. As the NTSB noted in the 1996
final rule, FFS cannot fully replicate operational experience in the
actual flight environment and the ``seasoning'' that such experience
provides.
The only experience requirement in Sec. 61.64(e) that is not
category-specific is Sec. 61.64(e)(3). Section 61.64(e)(3) permits an
applicant for a powered-lift type rating to receive a type rating
without limitation if the applicant has 500 hours of flight time in the
type of powered-lift for which the rating is sought. This requirement
mirrors the requirements in Sec. 61.64(b)(4), (c)(4), and (d)(3) that
apply to applicants seeking a type rating for a turbojet airplane,
turbo-propeller airplane, and helicopter. The FAA recognizes that there
are currently no type-certificated powered-lift. There are several
manufacturers, however, that are pursuing a type certificate (TC) for
their powered-lift. To obtain a TC for an aircraft, the manufacturer
must apply in accordance with part 21 and show that the aircraft meets
the applicable airworthiness requirements.\104\ As part of the type
certification process, manufacturers of powered-lift must conduct
developmental and certification flight tests. To enable this flight
testing in a non-type-certificated aircraft, the FAA issues an
experimental certificate to the aircraft for certain purposes
delineated in Sec. 21.191, such as research and development and to
show compliance with the FAA's regulations. The FAA also issues
authorizations to the manufacturers' test pilots that allow the test
pilots to act as PIC of the aircraft during experimental aircraft
operations. Therefore, the only pilots who have significant experience
operating the civil powered-lift that are coming to market are the
manufacturers' test pilots. Upon analyzing the requirement in current
Sec. 61.64(e)(3), the FAA has determined that the manufacturer's test
pilots may have at least 500 hours of flight time in the type of
powered-lift for which they seek a rating.
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\104\ 14 CFR 21.17. Additionally, section IV of this preamble
discusses powered-lift type certification in further detail.
---------------------------------------------------------------------------

The manufacturer's test pilots play a significant role in the
development and certification of an aircraft. They are involved in the
certification plan for the powered-lift from the earliest days and
often have an engineering degree in addition to a pilot certificate.
These test pilots that have engineering degrees are generally involved
in the manufacturer's design and development of the aircraft's systems
and components as well as the flight testing of such. Test pilots
conduct both qualitative and quantitative flight tests of an aircraft
to evaluate the flight controls, avionics, propulsion, mechanical and
electrical systems, and equipment installations. The purpose of an
aircraft flight test is to make determinations about an aircraft's
performance and flying qualities, to ensure all safety features and
redundant systems function as intended, and to operate the aircraft to
its limits and beyond to determine the appropriate operating envelope.
When issues arise during a flight test, the test pilot often works with
the manufacturer

[[Page 38964]]

to resolve such issues. Because test pilots have intricate knowledge of
the aircraft systems, they are able to identify risks and mitigation
techniques to ensure product safety. Test pilots are also immersed in
authoring material for the aircraft flight manual, including systems
descriptions, aircraft limitations, and normal and emergency
procedures. Furthermore, test pilots are responsible for performing
maintenance checks and post maintenance flight tests on an aircraft.
In light of the key role a test pilot plays in the development and
certification of a powered-lift, the FAA finds that a test pilot who
has at least 500 hours of flight time in the powered-lift of the type
for which they seek a rating will have the knowledge and skills
necessary to handle the unique flight qualities of the powered-lift in
the actual aircraft. Furthermore, while the majority of the test
pilot's duties may involve flight testing and certification activities,
these flights are not conducted in a sterile environment. The test
pilots are responsible for conducting the aircraft flight tests while
also taking care of the operational aspects of the flight, including
filing a flight plan, conducting departures and instrument approaches,
communicating with ATC, and interacting with other aircraft. Therefore,
the FAA has determined that these test pilots will have sufficient
experience manipulating the controls of the actual powered-lift in the
operational environment of the NAS such that an SOE limitation is
unnecessary.
For these reasons, the FAA proposes to retain only the requirement
that currently exists in Sec. 61.64(e)(3), which allows applicants for
a powered-lift type rating who use an FFS for the practical test to
receive the type rating without a PIC limitation on their pilot
certificate if they have at least 500 hours of flight time in the type
of powered-lift for which they seek a rating. Powered-lift type rating
applicants who do not use a powered-lift during the practical test and
do not satisfy Sec. 61.64(e)(3) must accomplish SOE in the type of
powered-lift for which they obtain a type rating, pursuant to Sec.
61.64(g). This requirement safeguards the knowledge and skills provided
by physically operating the aircraft in the flight environment. For
example, it would ensure these newly-rated powered-lift pilots obtain
experience handling the flight controls of the powered-lift for which
they obtain a type rating in a non-sterile operating environment where
they must operate the powered-lift while simultaneously making
decisions, communicating with ATC, and interacting with other aircraft.
Before the newly rated powered-lift pilots may perform SOE in
powered-lift, there must first be a cadre of qualified PICs to directly
observe the flight time.\105\ These supervising PICs would be
considered qualified if they hold a commercial pilot certificate with a
powered-lift category rating and a type rating, without limitations.
The lack of qualified FSTD for powered-lift means that most initial
powered-lift ratings would be accomplished in the aircraft in flight.
The proposed alternate pathways to certification in the SFAR would
enable persons to obtain powered-lift ratings without a limitation on
their commercial pilot certificates by training and testing in a
powered-lift. By the time the first groups of pilots seek training and
testing entirely in FFS, there will be sufficient numbers of qualified
pilots who hold type ratings without limitations for the purpose of
observing SOE.
---------------------------------------------------------------------------

\105\ Pursuant to Sec. 61.64(g)(2), the SOE must be under the
direct observation of the PIC who holds a category, class, and type
ratings, without limitations, for the aircraft.
---------------------------------------------------------------------------

The FAA also notes that an applicant may be qualified to be a PIC
without the limitation set forth by Sec. 61.64(f)(2) if, during the
practical test, the applicant completes the tasks pursuant to Sec.
61.64(f)(1) in a powered-lift. Specifically, the applicant must
complete preflight inspection, normal takeoff, normal instrument
landing system approach, missed approach, and normal landing,
appropriate to the powered-lift category and type rating sought.
For the reasons previously explained, the FAA is proposing to amend
Sec. 61.64(e) by removing the category-specific experience
requirements in paragraphs (e)(1), (2), and (4) that enable an
applicant for a powered-lift type rating to obtain a type rating
without limitation. Because three of the four paragraphs in current
paragraph (e) would be removed, the FAA is proposing to consolidate the
leading paragraph of current Sec. 61.64(e) with the experience
requirement that currently exists in paragraph (e)(3). Therefore, the
only applicants for a powered-lift type rating who may forgo SOE after
obtaining the type rating by completing the entire practical test in a
flight simulator and receiving a PIC limitation are those applicants
who have at least 500 hours of flight time in the type of powered-lift
for which the rating is sought. The FAA also proposes to make a
conforming amendment to Sec. 61.64(f) that would remove the cross-
references to the experience requirements currently contained in Sec.
61.64(e)(1) through (4).
If the entire practical test (except for preflight inspection) for
the proposed powered-lift type rating occurs in a flight simulator, the
applicant would receive a type rating with a PIC limitation unless the
applicant has at least 500 hours of flight time in the type of powered-
lift for which the rating is sought. To remove the PIC limitation, the
applicant would be required to perform the SOE required by Sec.
61.64(g). Pursuant to Sec. 61.64(g)(1), an applicant may remove the
PIC limitation from their pilot certificate if the applicant performs
25 hours of flight time in a powered-lift of the type for which the
limitation applies under the direct observation of a PIC who holds the
appropriate ratings without limitations. Section 61.64(g)(3) states
that the applicant must obtain this SOE while performing the duties of
PIC.\106\ Because the applicant has a limitation on their pilot
certificate that prohibits the applicant from serving as PIC in an
aircraft of that type, the applicant is not acting as PIC of the
aircraft during the SOE. As a result, the qualified PIC observing the
SOE is acting as PIC of the operation.
---------------------------------------------------------------------------

\106\ The FAA considers a person to be performing the duties of
a PIC when the person performs all the functions of the PIC
including landings and takeoffs, en route flying, low approaches,
and ground functions. See Legal Interpretation to Duncan (Apr. 13,
2012). In the air carrier environment, the FAA generally uses the
term ``pilot flying,'' which it defines as ``[t]he pilot who is
controlling the path of the aircraft at any given time, in flight or
on the ground.'' Advisory Circular 120-71B, Chapter 1, Sec. 1.4.
---------------------------------------------------------------------------

Pursuant to Sec. 91.3(a), the PIC of an aircraft is directly
responsible for, and is the final authority as to, the operation of the
aircraft. Likewise, the definition of PIC in Sec. 1.1 states, in
relevant part, that a PIC ``has final authority and responsibility for
the operation and safety of the flight.'' Therefore, while the
requirements in Sec. 61.64(g) do not expressly state that the aircraft
used for SOE must have a dual set of controls,\107\ it can be inferred
from the regulatory requirements that the supervising PIC must have
access to controls in the aircraft. Without access to a dual set of
controls, the PIC would be unable to act as the person directly
responsible for the operation of the aircraft and safety of the flight.
---------------------------------------------------------------------------

\107\ Section 91.109(a) requires an aircraft that is being used
for flight training to have fully functioning dual controls.
However, because the SOE required under Sec. 61.64(g) is not flight
training, Sec. 91.109(a) does not apply.
---------------------------------------------------------------------------

Under the current regulatory framework in part 61, a pilot is
required to hold only a powered-lift category

[[Page 38965]]

rating to operate a powered-lift. As a result, under the current
regulations, a manufacturer may develop a powered-lift with a single
set of controls with the expectation that a pilot could obtain flight
training in a different powered-lift for purposes of meeting the
aeronautical experience requirements and obtaining a powered-lift
category rating under part 61. Upon obtaining the powered-lift category
rating, the pilot would then be qualified to operate a powered-lift
that has only one set of controls.
Because the proposed regulations would require the majority of
newly-rated powered-lift pilots who use an FFS for the practical test
to perform SOE in the powered-lift for which they obtain a type rating,
the proposal would result in a different outcome for manufacturers that
are developing powered-lift with only one set of controls. To enable
the performance of SOE where the applicant is performing the duties of
PIC but the PIC observing the flight is acting as PIC of the operation,
each powered-lift would be required to have a version of the aircraft
that contains fully functioning dual controls. The FAA recognizes that
there are manufacturers who are currently seeking type certification of
powered-lift that have only one pilot seat and a single set of
controls.\108\ To comply with the proposal, the FAA expects these
manufacturers to develop a version of the aircraft to contain fully
functioning dual controls, which is consistent with the FAA's
expectations for flight training in airplanes and helicopters that
require a type rating.
---------------------------------------------------------------------------

\108\ The proposed type rating requirement would likewise
present obstacles to powered-lift with single controls. Applicants
for powered-lift type ratings would be required under Sec. Sec.
61.63(d)(2) and 61.157(b) to obtain flight training in the type of
powered-lift for the rating sought. Because the applicant would not
be rated to act as PIC of the aircraft, the person providing the
flight training must act as PIC. Under Sec. 91.109, the aircraft
would be required to have a dual set of controls, and the flight
instructor as PIC must have access to controls in the aircraft to
perform their duties under Sec. 91.3.
---------------------------------------------------------------------------

To the extent powered-lift manufacturers may experience additional
compliance costs as a result of this proposal, the FAA notes that it
has considered whether there are alternate ways to perform the SOE with
only one set of controls in the aircraft. Currently, there is a
movement towards Simplified Vehicle Operations (SVO), which is ``the
use of automation coupled with human factors best practices to reduce
the quantity of trained skills and knowledge that the pilot or operator
of an aircraft must acquire to operate the system at the required level
of operational safety.'' \109\ Some manufacturers are in the process of
demonstrating advanced automation technology as part of this movement;
however, nothing has been certified yet. As a result, the FAA lacks
operational data to analyze whether such technology would safely enable
SOE in an aircraft without dual functioning controls. The FAA expects
to obtain sufficient data over the duration of the SFAR that could
inform a potential rulemaking on this subject.
---------------------------------------------------------------------------

\109\ GAMA, A Rationale Construct for Simplified Vehicle
Operations (SVO), (May 20, 2019).
---------------------------------------------------------------------------

The requirement for a dual set of controls for flight training in
all aircraft originated in 1938.\110\ It is a foundational safety
regulation applicable to airplanes, helicopters, and powered-lift alike
that prevents an inexperienced person from being solely responsible for
the manipulation of the flight controls. The same safety rationale for
requiring a dual set of controls during flight training applies equally
to the SOE scenario for aircraft because the pilot seeking to
accomplish SOE holds a limitation that prevents them from acting as PIC
until they can demonstrate the ability to perform the duties of PIC in
the operational environment under supervision of a fully-rated PIC.
While there may be technological advancements in the future that enable
the performance of SOE without a dual set of controls (e.g., virtual
SOE), the FAA has determined that it would be premature to codify
alternate ways to accomplish SOE in the regulations at this time
without a more robust understanding of the safety implications.
---------------------------------------------------------------------------

\110\ 14 CFR 20.655 (1938). ``Dual controls. No flying
instruction shall be given in any aircraft, for or without hire,
unless such aircraft is equipped with fully functioning dual
controls and a certificated instructor is in full charge of one set
of said controls. Such dual controls shall be fully functioning as
set forth in Sec. 20.53, except in aircraft manufactured prior to
January 1, 1939.''
---------------------------------------------------------------------------

E. Establish an Alternate Pathway for Pilot Certification

The introduction of powered-lift as an entirely new category of
civil aircraft creates unique challenges for the training and
certification of airman. Typically, a person interested in becoming a
professional pilot \111\ follows an incremental path that builds
piloting skills through an iterative series of training with a flight
instructor, accumulation of other flight experience, and successful
completion of a practical test with a designated examiner. A person
generally begins as a student pilot under strict limitations (Sec.
61.89), obtains a private pilot certificate with limited privileges
(Sec. 61.113), builds flight time as a private pilot, trains and tests
for a commercial pilot certificate with expanded privileges (Sec.
61.133), and finally builds flight time as a commercial pilot toward
the hours needed for the ATP certificate, which is necessary to serve
as a PIC or SIC in part 121 operations as well as to serve as a PIC in
certain part 135 operations.\112\
---------------------------------------------------------------------------

\111\ Because the powered-lift that are currently working
through the aircraft certification process are largely intended for
commercial use, this discussion focuses on the training and
certification necessary for those types of operations. The FAA
understands that many pilots engage in aviation solely for
recreational purposes and may not follow this path to higher
certification.
\112\ See 14 CFR 135.4(a)(2)(ii)(A), 135.243(a)(1) and (2).
---------------------------------------------------------------------------

Under this building block approach, a pilot must meet minimum
aeronautical experience requirements at each certificate level that
include total time requirements (e.g., 250 total hours to be eligible
for a commercial pilot certificate) and subsets of flight time like
pilot-in-command time, night time, and cross-country time. In many
instances, a portion of this time must be accomplished in the aircraft
for the category rating sought. For instance, to apply for a commercial
pilot certificate in the airplane category, a person must have 250
hours of flight time as a pilot of which 50 hours must be in airplanes,
50 hours must be pilot-in-command time in airplanes, and 10 hours must
be pilot-in-command time in cross-country flight in airplanes.
The predominant categories of aircraft (i.e., airplane and
rotorcraft) that operate in the NAS today have been in existence for
over 80 years. There are currently over 470,000 certificated pilots
(other than student pilots) including over 100,000 commercial pilots
and 163,000 ATPs. Most importantly, there are over 121,000 certificated
flight instructors.\113\ These flight instructors form the backbone of
the civil airman certification framework. As noted, the only powered-
lift pilots and flight instructors with FAA certification have obtained
those ratings through the recognition of military competency in Sec.
61.73. Currently, the FAA has certificated 759 powered-lift pilots and
365 powered-lift flight instructors through this process.\114\ While
these powered-lift pilots and flight instructors form an initial cadre
that can serve as pilots in powered-lift operations or provide training
to persons seeking powered-lift ratings, it is likely

[[Page 38966]]

insufficient to meet the upcoming demands.
---------------------------------------------------------------------------

\113\ <a href="https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics">https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics</a>.
\114\ According to the FAA's Airman Certification Branch, these
numbers represent the powered-lift airmen certificate holders as of
Sep. 21, 2022.
---------------------------------------------------------------------------

To add to the challenges, the FAA does not anticipate that the
initial powered-lift that obtain type certification will be broadly
available for basic airman training and certification at the private
pilot level. Rather, manufacturers intend to produce powered-lift for
commercial purposes, meaning the initial pilots will be required to
hold at least commercial pilot certificates to act as required
flightcrew members (i.e., PIC or SIC) for compensation or hire. This
situation disrupts the building block approach to flight training and
certification that has worked for other categories of aircraft. As
there are no civil powered-lift, a person would have difficulty
obtaining flight training due to the low numbers of qualified flight
instructors and would not have the necessary flight time in a powered-
lift to be eligible for a commercial pilot certificate.\115\
---------------------------------------------------------------------------

\115\ The biggest obstacle to obtaining a new category rating at
the commercial pilot certificate level is the required PIC time in
the category because the only way to log PIC time when a person is
not yet rated in the aircraft is as the sole occupant. All other
logging requirements for PIC time require the pilot to be rated in
the aircraft. When a person obtains a rating at the private pilot
level, there is no requirement for PIC time, but a student pilot
must accomplish 10 hours of solo flight time, which qualifies as PIC
time. At the commercial pilot level, for someone not yet rated in
the category of aircraft (i.e., someone adding a new category
rating), most of the 50 hours of PIC time required in category must
be accomplished as solo flight time. See 14 CFR 61.51(e).
---------------------------------------------------------------------------

Manufacturers and operators interested in using powered-lift in
commercial operations have reached out to the FAA to express concern
that the existing aeronautical experience requirements for powered-lift
present an insurmountable obstacle to enabling powered-lift operations.
The FAA understands the concerns but must find ways to enable
operations in powered-lift without adversely affecting safety. The
following sections lay out a proposed pathway for pilots to obtain
powered-lift ratings through alternate aeronautical experience
requirements and expanded logging provisions. The FAA notes that if no
alternate aeronautical experience or logging provision is provided
under proposed part 194, the person must meet the applicable part 61
requirements, as appropriate.\116\
---------------------------------------------------------------------------

\116\ See proposed Sec. 194.215(b).
---------------------------------------------------------------------------

1. Applicability of Alternate Requirements
Except for the alternate requirements for cross-country discussed
later in this section, the FAA proposes to limit the alternate
aeronautical experience and logging requirements for obtaining a
powered-lift category rating and instrument-powered-lift rating to
those persons who already hold at least a commercial pilot certificate
with at least an airplane category and single- or multiengine class
rating or a rotorcraft category and helicopter class rating.\117\ The
person would also be required to hold an instrument-airplane or
instrument-helicopter rating that corresponds to a category rating held
at the commercial pilot certificate level. These prerequisites would be
set forth in proposed Sec. 194.215(a).
---------------------------------------------------------------------------

\117\ As discussed in this section of this preamble, the FAA is
proposing in Sec. 194.237 to provide limited relief from the
current cross-country time requirements to private pilots.
---------------------------------------------------------------------------

To obtain a commercial pilot certificate with either airplane class
ratings or a helicopter rating, a person must satisfy the aeronautical
experience requirements in Sec. 61.129(a), (b), or (c), as appropriate
to the ratings sought, pass a knowledge test on the aeronautical
knowledge areas specified in Sec. 61.125, and pass a practical test on
the areas of operation listed in Sec. 61.127. To pass a practical test
for a commercial pilot certificate with appropriate ratings, the
applicant must demonstrate mastery of the aircraft by successfully
performing each task specified in the areas of operation for the
practical test. The applicant is also required to demonstrate
proficiency and competency within the approved standards set forth for
the commercial pilot certificate level, which are more stringent than
the standards set forth for private pilots.\118\
---------------------------------------------------------------------------

\118\ 14 CFR 61.43.
---------------------------------------------------------------------------

Similarly, to obtain an instrument-airplane or -helicopter rating,
the person must satisfy the instrument rating requirements of Sec.
61.65 (as appropriate to the rating sought), which prescribes that the
applicant must: obtain certain aeronautical experience, including a
significant amount of instrument training; pass a knowledge test on the
aeronautical knowledge areas that apply to the instrument rating
sought; and pass a practical test on the areas of operation specified
in Sec. 61.65(c).
Based on these requirements, a person who already holds a
commercial pilot certificate for airplanes or helicopters will have
significant flight time \119\ and valuable experience operating in the
NAS, communicating with ATC, interacting with other air traffic, and
acting as PIC of an airplane or helicopter. The proposed applicability
requirements would ensure that the pilots taking advantage of the
alternate requirements set forth in the SFAR have significant
experience in either an airplane or helicopter and have demonstrated
proficiency and competency in either an airplane or helicopter at the
commercial pilot level. Furthermore, by requiring these persons to hold
an instrument-airplane or -helicopter rating, persons seeking to meet
the alternate requirements for a powered-lift category rating would
have experience operating an airplane or helicopter under IFR and have
demonstrated proficiency on the instrument rating practical test. These
prerequisites for the alternate pathway would ensure that the initial
cadre of powered-lift pilots have a solid foundational skill set and
extensive experience prior to adding powered-lift ratings to their
commercial pilot certificate.
---------------------------------------------------------------------------

\119\ To obtain a commercial pilot certificate with an airplane
category and single- or multiengine airplane rating, an applicant
must log at least 250 hours of total flight time as a pilot that
consists of certain flight time and training requirements. See Sec.
61.129(a) and (b). Similarly, to obtain a commercial pilot
certificate with a rotorcraft category and helicopter class rating,
an applicant must log at least 150 hours of flight time as a pilot
that consists of certain flight time and training requirements. See
Sec. 61.129(c).
---------------------------------------------------------------------------

2. Obtaining a Powered-lift Category Rating on the Commercial Pilot
Certificate (Sec. 61.129(e))
To obtain a commercial pilot certificate with a powered-lift
category rating, a person must satisfy the eligibility requirements for
a commercial pilot certificate, which are contained in Sec. 61.123.
Section 61.123(f) requires a person to meet the aeronautical experience
requirements of Sec. 61.129 that apply to the aircraft category rating
sought before applying for the practical test. The aeronautical
experience requirements for a person seeking to obtain a commercial
pilot certificate with a powered-lift category rating or seeking to add
a powered-lift category rating to a commercial pilot certificate are
contained in Sec. 61.129(e).\120\
---------------------------------------------------------------------------

\120\ Section 61.63(b)(1) states that a person who applies to
add a category rating to a pilot certificate, ``[m]ust complete the
training and have the applicable aeronautical experience.''
Accordingly, a person seeking to add a powered-lift category rating
to a commercial pilot certificate must meet the aeronautical
experience requirements of Sec. 61.129(e). See Legal Interpretation
to McClellan (2015) (explaining that there is no shortcut available
when adding a category rating to an existing certificate).
---------------------------------------------------------------------------

Section 61.129(e) requires a person who applies for a commercial
pilot certificate with a powered-lift category rating to log at least
250 hours of total flight time as a pilot which must contain at least
the subsets of aeronautical experience specified in Sec. 61.129(e)(1)
through (4). Section 61.129(e)(1) through (4) require specific flight
time,

[[Page 38967]]

such as flight time in powered aircraft, flight time in powered-lift,
PIC flight time (including a certain amount of PIC time in a powered-
lift), cross-country time, flight training time, and solo flight time
(or flight time performing the duties of PIC in a powered-lift with an
authorized instructor onboard). The FAA established these aeronautical
experience requirements for a powered-lift category rating in the 1997
final rule, when the FAA established the powered-lift category in part
61.\121\
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\121\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, Final Rule, 62 FR 16220 (Apr. 4, 1997).
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At the time the FAA introduced aeronautical experience requirements
for the powered-lift category, larger powered-lift were in production.
Based on these powered-lift, the FAA decided to codify aeronautical
experience requirements for powered-lift that mirrored the aeronautical
experience requirements for airplanes. The preamble supporting the 1997
final rule was silent as to why the aeronautical experience
requirements for airplanes were more appropriate for powered-lift
compared to the aeronautical experience requirements for other
categories of aircraft. Since the FAA added the powered-lift category
to part 61, several powered-lift are in the type-certification process.
The powered-lift currently coming to the civilian market do not align
with the aircraft that the FAA anticipated at the time it codified the
aeronautical experience requirements for the powered-lift
category.\122\ Additionally, powered-lift did not flood the civilian
market as the FAA anticipated.
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\122\ Powered-lift coming to market today are much different in
size, capabilities, range, performance, and propulsion than what was
present in 1997. The larger transport category size aircraft at that
time differ greatly from powered-lift coming to market today, many
of which have electric propulsion concepts, simplified flight
controls, and other operational considerations that were not present
when the FAA first codified powered-lift in the rule.
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Currently, civilian pilots are unable to satisfy many of the
aeronautical experience requirements in Sec. 61.129(e) because there
are no certificated powered-lift in civil operations in which they can
build the necessary flight time. Even when powered-lift category
aircraft are introduced to civil aviation, pilots will be unable to
satisfy several of the aeronautical experience requirements for a
commercial pilot certificate and an instrument rating, such as PIC
flight time in powered-lift and cross-country experience in powered-
lift. As subsequently discussed in more detail, the logging
requirements of Sec. 61.51(e) currently present obstacles for a pilot
who is not rated in a powered-lift to log PIC flight time in a powered-
lift. Additionally, several powered-lift coming to market are not
capable of completing the long-range distances that are currently
prescribed for cross-country flights in Sec. 61.129(e)(3) and (4).
The FAA recognizes the need to enable a pathway for a person to
obtain a powered-lift category on their commercial pilot certificate.
However, because powered-lift are just beginning to enter the market,
the FAA lacks the operational data necessary to properly inform a
rulemaking that would permanently amend the aeronautical experience
requirements in Sec. 61.129(e). The FAA is therefore proposing in part
194 to enable certain applicants for a powered-lift category rating on
their commercial pilot certificate to satisfy alternate aeronautical
experience and logging requirements. Additionally, the proposed rule
would permit the applicant to credit additional time obtained in an FFS
towards certain flight time requirements.\123\
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\123\ The FAA notes that part 60 does not currently contain
qualification standards for powered-lift FSTDs (i.e., FFSs and
FTDs); however, the FAA intends to qualify powered-lift FSTDs in
accordance with proposed Sec. 194.105, as discussed in section IV.C
of this preamble.
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This section of the preamble discusses the alternate experience and
logging requirements, as applicable, to obtain a powered-lift category
rating on a commercial pilot certificate, for (1) test pilots and
instructor pilots, (2) the initial cadre of instructors, (3) pilots
receiving training under an approved training program, including
provisions that would enable certain applicants to credit time obtained
in an FFS toward certain flight time requirements. Alternate
requirements for cross-country flights are discussed subsequently in
this section because they are generally applicable to all applicants
for a commercial pilot certificate with a powered-lift category rating.
Section E.5.i of this preamble contains tables summarizing the proposed
alternate requirements for persons seeking a powered-lift category
rating on a commercial pilot certificate.
i. Test Pilots and Instructor Pilots: Alternate Aeronautical Experience
and Logging Requirements for a Powered-lift Category Rating
Currently, several manufacturers are pursuing a type certificate
for powered-lift, which requires developmental and certification flight
tests to establish that the aircraft meets the applicable certification
standards.\124\ To enable this flight testing in a non-type-
certificated aircraft, the FAA issues an experimental certificate to
the aircraft for certain purposes, such as for research and development
and showing compliance with the FAA's regulations, as discussed in
section V.A of this preamble. Powered-lift manufacturers also have
instructor pilots who are tasked with developing and validating the
training for experimental powered-lift. To enable these training
flights, the FAA issues experimental certificates for the purpose of
crew training. At this time, the manufacturers' test pilots and
instructor pilots are the only pilots who have significant experience
operating the civil powered-lift that are coming to market.
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\124\ See 14 CFR 21.35.
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As discussed in section V.D of this preamble, the manufacturers'
test pilots play a significant role in the development and
certification of an aircraft. For example, they are involved in the
certification plan for the powered-lift; the manufacturer's design,
development, and flight testing of the aircraft's systems and
components; and conducting both qualitative and quantitative flight
tests for aircraft evaluations. As a result, test pilots have intricate
knowledge of the aircraft systems, which enables the test pilot to
identify risks and mitigation techniques to ensure product safety. Test
pilots are also responsible for authoring certain material for the
aircraft flight manual and for performing maintenance checks and post-
maintenance flight checks. Furthermore, instructor pilots are
responsible for developing the manufacturer's training curriculum,
which includes the development of training requirements for the
aircraft. These duties of a test pilot and instructor pilot establish
significant experience in a particular powered-lift and intricate
knowledge of the aircraft's systems and components, thereby exceeding
the duties of a pilot operating in a normal flight environment. The FAA
has determined that it would be beneficial to leverage the experience
these pilots have in powered-lift to create an initial cadre of
powered-lift pilots.
Accordingly, the FAA is proposing alternate aeronautical experience
and logging requirements that would remove certain obstacles that
currently preclude a test pilot or instructor pilot from obtaining a
powered-lift rating pursuant to Sec. 61.129(e). Each of the proposed
alternate requirements are discussed below.

[[Page 38968]]

a. Aeronautical Experience Requirements Concerning Training (Sec.
61.129(e)(3))
Currently, Sec. 61.129(e)(3) requires an applicant for a powered-
lift category rating to log at least 20 hours of training from an
authorized instructor \125\ on the areas of operation listed in Sec.
61.127(b)(5), which include the following: preflight preparation;
preflight procedures; airport and heliport \126\ operations; hovering
maneuvers; takeoffs, landings, and go-arounds; performance maneuvers;
navigation; slow flight and stalls; emergency operations; high-altitude
operations; special operations; and post flight procedures.
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\125\ Section 61.1 defines ``authorized instructor'' as: a
person who holds a ground instructor certificate issued under part
61 of this chapter and is in compliance with Sec. 61.217, when
conducting ground training in accordance with the privileges and
limitations of their ground instructor certificate; a person who
holds a flight instructor certificate issued under part 61 and is in
compliance with Sec. 61.197, when conducting ground training or
flight training in accordance with the privileges and limitations of
their flight instructor certificate; or a person authorized by the
Administrator to provide ground training or flight training under
part 61, 121, 135, or 142 when conducting ground training or flight
training in accordance with that authority.
\126\ As discussed in section V.I of this preamble, the FAA
proposes in this SFAR to extend the definition of heliport in 14 CFR
1.1 as applicable to powered-lift, thereby facilitating the use of
heliports as a means for powered-lift take-off and landing.
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While the flight experience of a test pilot for a powered-lift
manufacturer far exceeds that of a civilian pilot conducting operations
in a normal flight environment, the test pilot does not receive flight
training in accordance with part 61 as part of their duties performing
flight tests required for aircraft certification.\127\ Therefore, a
test pilot will not obtain the 20 hours of flight training from an
authorized instructor that is a prerequisite for applying for a
powered-lift rating. However, the manufacturer will have instructor
pilots who develop a proposed training curriculum for its experimental
powered-lift during the aircraft certification process. These
instructor pilots deliver the proposed training curriculum to a pool of
pilots as part of its validation process with the FAA's Aircraft
Evaluation Division.\128\
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\127\ The FAA reemphasizes that, for airplanes and helicopters,
a test pilot for a manufacturer will hold the necessary certificates
and ratings before becoming a test pilot by completing flight
training and building flight time through the usual building block
approach for certification. The introduction of powered-lift into
civil operations creates a unique situation because so few
individuals (i.e., military pilots and former military pilots) hold
the required ratings.
\128\ The manufacturer provides a minimum training program to
get initial qualification and issuance of the associated pilot type
rating. The FSB evaluates and validates the applicant's training
proposal using a standard process that includes multiple `test
subjects' not previously aware of or trained on the new aircraft.
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In proposed Sec. Sec. 194.217 and 194.219, the FAA proposes
alternate means for test pilots and instructor pilots, respectively, to
meet the requirement of 20 hours of training on the areas of operation
listed in Sec. 61.127(b)(5) in an experimental powered-lift at the
manufacturer. Specifically, the FAA proposes to permit test pilots to
satisfactorily complete the manufacturer's proposed training curriculum
in the experimental powered-lift with an instructor pilot for the
manufacturer rather than with an authorized instructor. As proposed in
Sec. 194.217(b)(1), the curriculum would be required to include the 20
hours of training on the areas of operation set forth in Sec.
61.127(b)(5), as required by Sec. 61.129(e)(3). The training would
meet the part 61 requirements in all other respects (except as
discussed later in this section with regard to cross-country time
requirements). To verify this training, proposed Sec.
194.217(b)(1)(ii) would require the test pilot to receive a logbook or
training record endorsement from the instructor pilot certifying that
the test pilot satisfactorily completed the training curriculum.\129\
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\129\ While a test pilot would be required to receive an
endorsement from an instructor pilot verifying that the test pilot
satisfactorily completed the manufacturer's proposed training
curriculum, the test pilot would also be required to receive the
endorsement in Sec. 61.123(e). Proposed 194.213(a) would permit
instructor pilots to provide the required logbook or training record
endorsements under part 61 for a commercial pilot certificate with a
powered-lift category rating. Therefore, the endorsement required
under Sec. 61.123(e) may be provided by an instructor pilot in lieu
of an authorized instructor.
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Because the instructor pilots are most familiar with the training
curriculum and its development, the FAA finds it is appropriate to
allow them to conduct the training required by Sec. 61.129(e) even if
they are not authorized instructors as defined in Sec. 1.1. The
proposed requirement to allow for the completion of the manufacturer's
proposed training curriculum with an instructor pilot would apply to
the test pilots as they have a solid foundational knowledge of powered-
lift prior to receiving any training from an instructor pilot, and the
instructor pilot was responsible for developing the training
curriculum. The quality of flight training provided by the instructor
pilot combined with the test pilot's previous experience operating the
powered-lift for type certification purposes would ensure that there is
no adverse impact to safety.
Furthermore, in light of the quality of flight training provided by
the instructor pilot who is intimately familiar with the powered-lift
and has developed the training for the manufacturer, the FAA is
proposing an alternate requirement in Sec. 194.219(b)(1) that would
allow the instructor pilot who provides the proposed training
curriculum to the test pilot to credit the time providing the training
towards Sec. 61.129(e)(3) for purposes of the instructor pilot
obtaining a commercial pilot certificate with a powered-lift category
rating. To verify to the examiner who will conduct the practical test
that the instructor pilot satisfied this alternate experience
requirement, the FAA is proposing in Sec. 194.219(b)(1)(ii) to require
the instructor pilot to receive an endorsement from a management
official within the manufacturer's organization certifying that the
instructor pilot has provided the manufacturer's proposed training
curriculum to a test pilot on the areas of operation listed in Sec.
61.127(b)(5). This section subsequently discusses the reasons
underlying this proposal, including those regarding prohibition against
self-endorsements.
Section 61.129(e)(3)(iv) currently requires that, within the 20
hours of training for a powered-lift category rating, an applicant must
log at least 3 hours in a powered-lift with an authorized instructor in
preparation for the practical test within the preceding two calendar
months from the month of the test. To enable the test pilot (or
instructor pilot) to take the practical test after satisfactorily
completing (or providing) the manufacturer's proposed training
curriculum, the FAA proposes in Sec. Sec. 194.217(b)(2) and
194.219(b)(2) to permit the preparation for a practical test to be
completed with an instructor pilot rather than an authorized
instructor, as required by part 61. Because the instructor pilot would
deliver the training, the FAA finds that it would be appropriate to
permit the instructor pilot to also ensure that test pilot is prepared
for the practical test.\130\ Additionally, to enable the examiner to
verify that the applicant received the preparation for the practical
test, the applicant would be required to receive a logbook endorsement
under Sec. 61.123(e)(2). As subsequently discussed in this section,
the FAA proposes in Sec. 194.213 to allow the

[[Page 38969]]

applicant to obtain the part 61 logbook or training record endorsement
from an instructor pilot certifying that the applicant is prepared for
the practical test rather than from an authorized instructor. For the
same reasons discus

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